City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - Final
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Kevin J. Lincoln II, Mayor/Chair (At Large)
Kimberly Warmsley, VIce Mayor (District 6)
Michele Padilla (District 1)
Daniel R. Wright (District 2)
Michael Blower (District 3)
Susan Lenz (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, December 3, 2024 4:00 PM
Closed Session 4:00 PM :: Regular Session 5:30 PM
Note: Vice Mayor Warmsley will participate in the meeting via teleconference from the following location: The Alexandria Hotel, Business Office 480 King Street, Alexandria, VA 22314
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 24-1193 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Five
Name of Case: Sonja Fern Brown, et al. v. City of Stockton, (San Joaquin County Superior Court Case No.
STK-CV-UPI-2020-10484)
Name of Case: Police Officer Nicholas Celentano, (Workers’ Compensation Appeals Board Case Nos.
ADJ16141398 and ADJ14037529)
Name of Case: Police Officer Vincent Faso (Workers’
Compensation Appeals Board Case Nos.
ADJ16952723 and ADJ18438512)
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Name of Case: Police Officer Abel Hinojos, (Workers’
Compensation Appeals Board Case Nos.
ADJ15826511 and ADJ18526510)
Name of Case: Police Officer Lawrence Wight, (Workers’
Compensation Appeals Board Case Nos.
ADJ13973087 and ADJ13973088)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters
pertaining to existing litigation.
Department: City Attorney
4. CLOSED SESSION PUBLIC COMMENT*
5. RECESS TO CLOSED SESSION
6. REGULAR SESSION CALL TO ORDER/ROLL CALL
7. INVOCATION/PLEDGE TO FLAG
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
9. ADDITIONS TO REGULAR SESSION AGENDA***
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
12. CONSENT AGENDA
12.1 24-1215 APPROVE RESOLUTION AUTHORIZING THE CITY ATTORNEY TO
ENTER INTO AN AGREEMENT FOR LEGAL SERVICES WITH THE
FIRM OF ATKINSON, ANDELSON, LOYA, RUUD & ROMO, A
PROFESSIONAL LAW CORPORATION
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution approving Agreement for Legal Services with the firm of Atkinson, Andelson, Loya, Ruud & Romo, a professional law corporation.
Department: City Attorney
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Proposed Resolution - Atkinson, Andelson, Loya, Ruud & Romo.docx Exhibit 1 - Legal Services Agreement
Attachments:
12.2 24-1225 APPOINTMENT TO SAN JOAQUIN COUNTY MOSQUITO
AND VECTOR CONTROL DISTRICT BOARD
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a resolution reappointing Commissioner Gary Lambdin to the San Joaquin County Mosquito and Vector Control District Board, for a term commencing immediately and ending December 31, 2028.
Department: City Clerk
Attachment A - Redacted Application
Proposed Resolution - Vector Control Appointment
Attachments:
12.3 24-1200 APPOINTMENT TO THE STOCKTON PORT COMMISSION Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a resolution reappointing Commissioner Michael Duffy to the Stockton Port Commission, for a term commencing January 16, 2025 and ending January 15, 2029.
Department: City Clerk
Attachment A - Redacted Application
Proposed Resolution - Port Commission Appointment
Attachments:
12.4 24-0481
ADOPT A RESOLUTION RESCINDING AND REPLACING THE CITY
OF STOCKTON’S CONFLICT OF INTEREST CODE BY ADDING AND
DELETING CERTAIN DESIGNATED POSITIONS
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a resolution rescinding and replacing the City of Stockton's Conflict of Interest Code by adding and deleting certain designated positions.
Department: City Clerk
Attachment A - 2024 Conflict of Interest Code Redlined
Proposed Resolution - 2024 Conflict of Interest Code
2024 Conflict of Interest Code - Clean Copy
Attachments:
12.5 24-1088 ADOPT A RESOLUTION TO AUTHORIZE A SUBAGREEMENT FOR
THE CONGRESSIONALLY DIRECTED SPENDING GRANT IN THE
AMOUNT OF $875,900.55
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a resolution:
1. Approving findings pursuant to Stockton Municipal Code section
3.68.070 which support and justify an exception to the competitive bidding process; and
2. Authorizing an agreement with Amelia Ann Adams Whole Life Center in the amount of $875,900.55 to implement the Skilled Through Alternative Routes (STAR) Program, a youth workforce development program.
It is recommended that the resolution authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Department: City Manager
Proposed Resolution - Ameila Ann Adams While Life Center Exhibit 1 - Subagreement with AAAWLC
Attachments:
12.6 24-1166 APPROVE A MOTION FOR A FEDERAL LEGISLATIVE CONSULTING
AND ADVOCACY SERVICES CONTRACT
Recommended Action: RECOMMENDATION
It is recommended that the City Council authorize by motion, a professional services contract with Townsend Public Affairs of Washington, DC, to provide federal legislative consulting and advocacy services and represent the City of Stockton before the United States Government.
Department: City Manager
Attachments: Attachment A - Agreement - Townsend Public Affairs
12.7 24-1167 APPROVE AGREEMENT WITH HAGGERTY CONSTRUCTION, INC
TO COMPLETE MLB-REQUIRED RENOVATIONS AT BANNER
ISLAND BALLPARK
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE21-24 under the California Environmental Quality Act (CEQA) for the Renovation of the Ballpark System at Banner Island Ballpark, Project No. EV23607 (Exhibit 1).
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. Authorize a budget amendment to appropriate $1,500,000 from the Venues Fund balance to CIP Project No EV23607 for the Banner Island Ballpark Renovation Project.
4. Authorize a budget amendment to transfer and appropriate $2,500,000 from the General Fund balance to CIP Project EV23607.
5. Reallocate and appropriate an additional $100,000 in American Rescue Plan Act (ARPA) funds from Business Attraction and Expansion ARPA Project #EARP207 to CIP Project No. EV2307 for the Banner Island Ballpark Renovation Project.
6. Approve a Standard Agreement in the amount of $6,100,000 to Haggerty Construction, INC. for the Banner Island Ballpark Renovation, Project No.
EV23607 (Exhibit 2).
7. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this resolution.
Department: Economic Development
Attachment A - Ports Contract with Amendments
Proposed Resolution
Exhibit 1 - Notice of Exemption 21-24
Exhibit 2 - Contract - Haggerty Construction Inc.
Attachments:
12.8 24-1098 APPROVE CONTRACT WITH MARK THOMAS & COMPANY INC FOR
THE DOWNTOWN STOCKTON MULTIMODAL TRANSPORTATION
NETWORK AND LAND USE COMPATIBILITY ACTION PLAN
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Recommended Action: 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.
Department: Economic Development
Attachment A - Mark Thomas - Standard Agreement
Attachment B - Resolution 2023-12-05-1205
Attachments:
12.9 24-1007 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
Recommended Action: 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.
Department: Economic Development
Attachment A - Original Lease
Proposed Resolution - Kings G League Team Lease Agreement Exhibit 1 - Kings Lease
Attachments:
12.10 24-1014 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
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Recommended Action: 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.
Department: Economic Development
Attachment A - Louis Park Boat Launch Conceptualized Plans Proposed Resolution - DBAW Boat Launch
Exhibit 1 - NOE 55-24
Attachments:
12.11 24-1060 APPROVE BY MOTION AMENDMENT NO. 2 TO VISIONARY HOME BUILDERS OF CALIFORNIA’S GRANT AGREEMENT FOR THE
VILLA D’FLORE HOMEKEY PROJECT
Recommended Action: 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.
Department: Economic Development
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Attachment A - Grant Agreement
Attachment B - Amendment No. 1
Attachment C - Amendment No. 2
Attachments:
12.12 24-1170 RESOLUTION TO ADOPT THE UPDATED PUBLICLY AVAILABLE
BI-WEEKLY CITY-WIDE SALARY SCHEDULE AS REQUIRED BY
CALPERS FOR FISCAL YEAR 2024-2025
Recommended Action: 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.
Department: Human Resources
Proposed Resolution
Exhibit 1 - Bi-weekly Salary Schedule
Attachments:
12.13 24-1179 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
Recommended Action: 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.
Department: Human Resources
Attachments: Proposed Resolution - Transportation Manager
12.14 24-1147 APPROVE RESOLUTION AMENDING UNREPRESENTED
CLASSIFICATION SPECIFICATIONS FROM CLASSIFIED SERVICE
TO UNCLASSIFIED SERVICE
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Recommended Action: 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.
Department: Human Resources
Attachment A - Section 2500-Departments Subjet to Civil Service Attachment B - Section 2501-Employees Subject to Civil Service Attachment C - Section 2537-Classified Service
Attachment D - List of Class Specs
Proposed Resolution - Classified to Unclassified
Attachments:
12.15 24-0815 APPROVE A MOTION TO ENTER INTO A COOPERATIVE PURCHASING AGREEMENT WITH DELL MARKETING L.P.
THROUGH THE STATE OF CALIFORNIA DEPARTMENT OF
GENERAL SERVICES.
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Recommended Action: 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.
Department: Information Technology
Attachments: Attachment A – Dell NASPO COOP Agreement
12.16 24-1151 APPROVE FINDINGS AND RATIFY FINAL EXPENSES FOR THE
ALEXANDRIA PLACE SANITARY SEWER PIPELINE REPAIR
Recommended Action: 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.
Department: Municipal Utilities
Attachments: Proposed Resolution
12.17 24-1136 ADOPT A RESOLUTION TO APPROVE FINDINGS AND AUTHORIZE CONTRACT AMENDMENT NO. 1 WITH AQUA-SCIENCE LLC FOR
AQUATIC TOXICITY TESTING
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Recommended Action: 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.
Department: Municipal Utilities
Proposed Resolution
Exhibit 1- Standard Agreement - Aqua-Science LLC
Attachments:
12.18 24-1122 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
Recommended Action: 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.
Department: Police
Attachments: Attachment A - Wooldridge Boats Quote
12.19 24-1132 ADOPT AN ORDINANCE AMENDING TITLE 8, CHAPTER 8.44, SECTIONS 8.44.060, 8.44.080, 8.44.085, 8.44.110, 8.44.115, and
8.44.230 OF THE STOCKTON MUNICIPAL CODE TO CORRECT
INCONSISTENCIES WITHIN THE CODE AND TO IMPROVE
ADMINISTRATION AND ENFORCEMENT OF THE CODE
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Recommended Action: RECOMMENDATION
It is recommended that the City Council:
1. Adopt an ordinance amending Title 8, Chapter 8.44, Sections 8.44.060,
8.44.080, 8.44.085, 8.44.110, 8.44.115, and 8.44.230 of the Stockton Municipal Code to correct inconsistencies within the Code and to improve administration and enforcement of the Code.
2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance and resolution.
Department: Police
Attachment A - Title 8, Chapter 8.44 - redlined
Proposed Ordinance - Title 8, Chater 8.44
Attachments:
12.20 24-1111 APPROVE MOTION TO AUTHORIZE PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 3 FOR THE REDEVELOPMENT OF
THE VAN BUSKIRK MUNICIPAL GOLF COURSE
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to authorize the City Manager to execute Professional Services Contract Amendment No. 3 in the amount of $1,306,000 with Design Workshop, Inc. for additional design services of the Van Buskirk Municipal Golf Course, Project No.
WT24050.
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 motion.
Department: Public Works
Attachment A - Master Plan, Phases 1 and 2
Attachment B - Amendment No. 3
Attachments:
13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. NEW BUSINESS
15.1 24-1197 PROGRAM UPDATE: AVA COMMUNITY ENERGY
Recommended Action: RECOMMENDATION
This is an informational presentation only. No action to be taken.
Department: City Manager
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Attachments: PPT - 15.1 - Ava Community Energy
15.2 24-1196 PROGRAM UPDATE: TRANSFORMATIVE CLIMATE COMMUNITIES Recommended Action: RECOMMENDATION
This is an informational item only. No action to be taken.
Department: City Manager
Attachments: PPT - 15.2 - TCC Stockton Rising Update
15.3 24-1213 ADOPT RESOLUTION TO APPROVE A GRANT AWARD AND GRANT AGREEMENT FOR THE MIRACLE MILE PUBLIC SAFETY;
MAINTENANCE SUBSTATION AND PARKING IMPROVEMENT
DEVELOPMENT PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve a grant award in the amount of $3,100,000 to the Miracle Mile Community Improvement District for the Maintenance Substation; Public Safety and Parking Improvement Development.
2. Authorize the City Manager, or designee, to execute a Grant Agreement for the Maintenance Substation; Public Safety and Parking Improvement Development.
3. Authorize the City Manager, or designee, to execute a Performance Deed of Trust and Security Agreement for the property located at 230-250 Dorris Place and 231 Bedford Road (APN 113-364-050).
It is also recommended that the City Manager, or designee, be authorized to execute all documents and to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Attachment A - Vicinity Map
Attachment B - Acquisition & Development Budget
Proposed Resolution
Exhibit 1 - Grant Agreement
Exhibit 2 - Deed of Trust
PPT - 15.3 - Miracle Mile NOFA
Attachments:
15.4 24-1230 ACCEPT THE FISCAL YEAR 2023-24 FOURTH QUARTER BUDGET
STATUS UPDATE, AUTHORIZE BUDGET AMENDMENTS, AND
MAKE ALLOCATIONS TO GENERAL FUND RESERVES
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Accept this budget status report on the unaudited results of the fourth quarter of Fiscal Year (FY) 2023-24.
2. Allocate the General Fund Vacancy Savings budget reduction for FY 2023-24 from Other Administration (Non-Departmental) category to the following departments:
Reduce Expenditure Budget:
Department Division/Fund Amount
a. City Clerk 1110-100-000 $ 5,700
b. City Manager 1230-100-000 $147,100
c. Office of Violence Prevention 1220-100-000 $ 6,900
d. City Attorney 1410-100-000 $ 99,400
e. Economic Development 6000-100-000 $106,400
$365,500
Increase Expenditure Budget:
Other Administration 0010-100-000 $320,400
Office of Violence Prevention (Measure A)1220-100-115 $ 45,100 $365,500
3. Authorize a reserve for future appropriation of $1,073,000 from FY 2023-24 available funds for the estimated increase in the Assured Guaranty Settlement contingent payments for a total reserve of $3,010,000.
4. Authorize a FY 2023-24 General Fund appropriation of $23,225,000 for Council priority projects, as displayed in Table 4.
5. Allocate available fund balance to reserve categories consistent with the Council Reserve and Fund Balance Policy - General Fund Policy. The net increase in fund balance will be added to the current reserve levels, as displayed in Table 3, to achieve the total reserve amounts as follows:
Priority 1 Reserves
Working Capital $54,700,000
Known Contingency $73,500,000
Priority 2 Reserves
Risk-Based Reserves $10,800,000
6. Authorize the continuation of up to $404,681 in FY 2023-24 budget appropriations to FY 2024-25 for completion of identified programs as displayed in Table 5.
7. Authorize a FY 2023-24 budget amendment increasing expenditure and revenue appropriations in the Downtown Marina Fund by $25,310.
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8. Authorize a FY 2023-24 budget amendment increasing Community Development Block Grant (CDBG) Revolving Loan expenses by $59,410.
9. Authorize the addition of one (1) full-time Fire Prevention Inspector I/II position to the FY 2024-25 Fire Prevention Development Services Fund budget, effective January 1, 2025.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Department: Administrative Services
Attachment A - FY23-24 GF Year-End Budget Update
Attachment B - FY23-24 GF Year-End Revenue Summary
Attachment C - FY23-24 Year-End for Other Major Funds
Proposed Resolution - FY23-24 4th Quarter
PPT - 15.4 - FY23-24 Year-End Budget Update
Attachments:
16. HEARINGS**
16.1 24-0855 APPEAL OF THE PLANNING COMMISSION APPROVAL OF A
COMMISSION USE PERMIT AND WAIVER TO ALLOW THE
OFF-SALE OF BEER AND WINE AT AN EXISTING MARKET AT 2208 EAST MAIN STREET (P23-0182) (APN 155-350-01)
Recommended Action: RECOMMENDATION
Staff recommends that the City Council adopt a resolution to deny the appeal and affirm the Planning Commission's approval of a Commission Use Permit and Waiver to allow the off-sale of beer and wine at an existing market at 2208 East Main Street, based on the findings and subject to the conditions of approval incorporated in the proposed resolution.
Department: Community Development
Attachment A - Aerial Photo and Location Map
Attachment B - Site Plan and Floor Plan
Attachment C - Calls for Service
Attachment D - ABC Records
Attachment E - CT 19 Active Off-sale Licenses Map
Attachment F - Appeal of PC Action
Proposed Resolution
Exhibit 1
PPT - 16.1 Appeal of Commission Use Permit
Attachments:
16.2 24-0992 APPEAL OF THE PLANNING COMMISSION’S APPROVAL OF A USE City of Stockton Page 15 Printed on 11/27/2024
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PERMIT, SPECIFICALLY CONDITION OF APPROVAL NO. 8, FOR AN
ABC LICENSE UPGRADE AT AN EXISTING CONVENIENCE STORE
LOCATED AT 2910 WEST EIGHT MILE ROAD (P23-0306) (APN
070-670-30)
Recommended Action: RECOMMENDATION
Staff recommends that the City Council adopt a resolution upholding the Planning Commission's original decision with all conditions of approval incorporated.
Department: Community Development
Attachment A - Location Map
Attachment B - General Plan Map
Attachment C - Zoning Map
Attachment D - Approved Use Permit P17-0667
Attachment E - Appeal
Attachment F - Approved PC Resolution 2024-08-08-0501
Attachment G - Applicant's Support Letter
Proposed Resolution - Recommending Approval
Exhibit 1 - Approved Plans
PPT - 16.2 - Appeal - ABC License Upgrade at Existing Store Attachments:
16.3 24-1065 APPEAL OF THE PLANNING COMMISSION APPROVAL OF A
COMMISSION USE PERMIT TO ESTABLISH A CANNABIS RETAIL
STOREFRONT IN AN EXISTING BUILDING AT 1748 WEST
FREMONT STREET (APN 135-080-01) (APPLICATION NO. P23-0049) Recommended Action: RECOMMENDATION
Staff recommends that the City Council adopt a resolution to:
Deny the appeal and affirm the Planning Commission's approval of a Commission Use Permit to allow the establishment of a proposed cannabis retail storefront business within an existing building, in accordance with the findings and subject to the conditions found in the Proposed Resolution.
Department: Community Development
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Attachment A - Cannabis Lottery Win Letter
Attachment B - Planning Commission Resolution
Attachment C - Location Map
Attachment D - General Plan Land Use Map
Attachment E - Zoning Map
Attachment F - Applicant Appeal
Attachment G - Approved Cannabis Business Locations
Proposed Resolution - Recommending Approval
Exhibit 1
PPT - 16.3 - Appeal - Cannabis Retail - 1748 W Fremont St Attachments:
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
INFORMATIONAL ITEMS
1. 24-1233 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.
Department: City Clerk
CSC 2024-10-17
Homelessness Committee 2024-09-05
Legislation Committee 2024-10-23
Measure A 2023-05-15
Measure A 2024-06-06
PC 2024-08-22
PC 2024-09-12
Water Committee 2024-08-08
Attachments:
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Financing Authority/Parking
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Meeting Agenda - Final
CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on November 27, 2024, in compliance with the Brown Act.
Katherine Roland, CMC, CPMC
City Clerk
By: ________________________________
Deputy
City of Stockton Page 18 Printed on 11/27/2024
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. Each speaker is limited to two minutes. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.
The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:
1. Email - you may email your comments to [email protected]
2. Voicemail - you can leave a voice message by dialing (209) 937-8459.
3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. Please redirect any inquiries to [email protected]. b) Address only issues over which the meeting body has jurisdiction. c) Each speaker will be limited to one 2-minute comment opportunity. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached the minutes. All comments received after that time will be forwarded as correspondence the following business day. Written and voicemail comments will not be read into the record.
***Additions to the Agenda - Government Code Section 54954.2(b)(2), allows members of the City Council present at the meeting to take immediate action, with either a two-thirds or unanimous vote, to place an item on the agenda that action must be taken and that the item came to the attention of the City subsequent to the agenda being posted.
All proceedings before this meeting body are conducted in English. Requests for real-time translation by WordlyAI must be received by the Clerk’s Office at least 30 minutes prior to the start of the meeting. Contact the City Clerk’s Office at (209) 937-8458 or [email protected]
Todos los procedimientos ante este órgano de reunión se llevan a cabo en inglés. Las solicitudes de traducción en tiempo real por parte de WordlyAI deben recibirse en la Oficina del Secretario al menos 30 minutos antes del inicio de la reunión. Comuníquese con la Oficina del Secretario Municipal al (209) 937-8458 o [email protected] In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are a person with a disability and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8458, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.
Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.
City of Stockton Page 19 Printed on 11/27/2024
19 City Council/Successor Agency to December 3, 2024
the Redevelopment Agency/Public
Financing Authority/Parking
Authority Concurrent
Meeting Agenda - Final
CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
City of Stockton Page 20 Printed on 11/27/2024
20 City of Stockton
Legislation Text
File #: 24-1215, Version: 1
APPROVE RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN
AGREEMENT FOR LEGAL SERVICES WITH THE FIRM OF ATKINSON , ANDELSON , LOYA,
RUUD & ROMO, A PROFESSIONAL LAW CORPORATION
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving Agreement for Legal Services with the firm of Atkinson, Andelson, Loya, Ruud & Romo, a professional law corporation.
Summary
The City needs to hire outside counsel from time to time to handle special, complex legal matters, including litigation, personnel, water, wastewater, stormwater, solid waste, public-works, complex transactions, fee, tax and real estate issues, and maritime matters. Section 1306 of the City Charter authorizes the Office of the City Attorney to retain or employ outside counsel with the approval of the City Council.
The firms presented here are uniquely qualified to handle specialized and complex matters because of their extensive and unique skills and experience. While this action by the Council would not cause any particular matter to be assigned to the firms being considered, those firms would be available to assist with future matters as the need arises.
DISCUSSION
Background
Modern city attorneys are generalists in a field that used to be a specialty called ‘municipal law.’ In today’s world, municipal law has become an area composed of a great many subspecialities and inhouse city attorneys have become more like general practitioners.
Although it is the goal of all city attorneys to utilize outside attorneys as little as possible, the reality of practice necessitates the use of outside attorneys when there is a conflict of interest, lack of technical expertise in specialized areas of law, or lack of staffing.
There are a variety of specialized practice areas such as special, complex litigation matters, personnel issues, water, wastewater, stormwater, solid waste, public-works, complex transactions, fee, tax and real estate issues, and maritime matters, where it is appropriate and advisable to retain the services of attorneys who specialize in these areas.
Present Situation
The City currently has a particular need for the ready availability of experienced outside counsel from City of Stockton Page 1 of 2 Printed on 11/26/2024
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21 File #: 24-1215, Version: 1
The City currently has a particular need for the ready availability of experienced outside counsel from time to time to handle these special and/or complex legal matters. The proposed firms are experienced, come with recommendations from other government entities, and are proficient in handling some or all these matters and their related issues. The City will benefit from having these firms available to assist with these issues on an as-needed basis. Their respective hourly rates and other fees are reasonable and extremely competitive. Section 1306 of the City Charter authorizes the Office of the City Attorney to retain or employ outside counsel with the approval of the City Council.
FINANCIAL SUMMARY
Legal services will be billed on an hourly basis pursuant to the rates set forth in the Agreement. The fees will be paid through various accounts, depending on the nature of each matter.
City of Stockton Page 2 of 2 Printed on 11/26/2024
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22 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE CITY ATTORNEY TO ENTER INTO AN
AGREEMENT FOR LEGAL SERVICES WITH THE FIRM OF ATKINSON, ANDELSON,
LOYA, RUUD & ROMO, A PROFESSIONAL LAW CORPORATION
The need for specialized expertise and/or workload demands of the City Attorney's Office periodically results in a need to hire outside counsel; and The City of Stockton currently desires to retain the law firm of Atkinson, Andelson, Loya, Ruud & Romo, to advise the City in labor and employment related matters as the need arises; and
The law firm of Atkinson, Andelson, Loya, Ruud & Romo possesses the qualifications and personnel needed by the City in handling such matters; and Section 1306 of the City Charter authorizes the City Attorney to retain or employ outside counsel with the approval of the City Council; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council hereby approves the selection of Atkinson, Andelson, Loya, Ruud & Romo to advise the City in labor and employment related matters as the need arises.
2. The City Attorney is authorized to execute an agreement for legal services with the law firm of Atkinson, Andelson, Loya, Ruud & Romo in substantially the form as attached as Exhibit “1” and incorporated by this reference.
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
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AGREEMENT FOR LEGAL SERVICES
THIS AGREEMENT is made and entered into effective , 2024, by and between the CITY OF STOCKTON, a municipal corporation (“CITY”), and the law firm of Atkinson Andelson Loya Ruud & Romo, a professional law corporation ("FIRM").
W I T N E S S E T H
The City Attorney of the City of Stockton provides legal counsel and representation to the CITY and the Council members, Board members, officers, and employees of the CITY; and
Pursuant to Section 1306 of the Charter of the City of Stockton, the City Attorney shall not retain or employ outside counsel without the approval of the City Council; and The CITY and FIRM have determined that FIRM is especially qualified to provide labor and employment advice and counsel and represent the CITY in legal matters on behalf of the CITY;
NOW, THEREFORE, in consideration of these premises and the following terms and conditions, FIRM and CITY agree as follows:
1. CONDITIONS AND BILLING ATTORNEY DESIGNATION.
This Agreement will take effect, and FIRM will only be obligated to provide legal services as needed once this Agreement is fully signed and initialed by both parties.
Upon receipt of the signed Agreement, Jenica Maldonado will be the partner primarily responsible for all work performed under this Agreement unless otherwise authorized by CITY.
2. SCOPE OF SERVICES.
CITY hires FIRM to provide legal services as may be requested by CITY from time to time under this retainer agreement. No representation of any officials, officers, employees, or any other persons or entities affiliated with CITY shall be provided unless such representations is expressly authorized by the City Attorney, which such written authorization shall be deemed to be a part of this Agreement. FIRM will provide those legal services reasonably required to represent CITY. FIRM will take reasonable steps to keep CITY informed of progress and to respond timely to CITY’s inquiries. If a court action is filed, FIRM will represent CITY through trial and post-trial motions.
3. CITY’S DUTIES.
CITY agrees to be truthful with FIRM, to cooperate, to keep FIRM informed of any information or developments which may come to CITY’s attention, to abide by this Agreement, to pay FIRM’s bills on time, and to keep FIRM advised of CITY’s address, EXHIBIT 1 24
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telephone number, and whereabouts. CITY will assist FIRM in providing necessary information and documents and will appear when necessary at legal proceedings.
4. CONFLICTS OF INTEREST.
By accepting representation of CITY, FIRM acknowledges that it has undertaken reasonable and customary efforts to determine whether there are any potential conflicts of interest or adversity of positions between CITY and any other person or entity in accordance with the Rules of Professional Conduct adopted in California, which would bar FIRM from representing CITY in general. CITY’s execution of this Agreement represents an express agreement to the applicability of the Rules of Professional Conduct adopted in California as to any and all issues of representation arising under this Agreement. CITY waives any potential conflict of interest that may arise during any neutral fact finding, investigation, decision making and/or related assignments delegated to FIRM, recognizing that FIRM will strive to maintain impartiality while fulfilling its ethical obligations to CITY.
5. INDEPENDENT CONTRACTOR/CONFLICTS OF INTEREST.
FIRM shall be employed solely as an independent contractor to render a professional service, is responsible for all obligations consistent with that status, and nothing contained herein shall be interpreted so as to cause FIRM to be considered an employee of CITY. Consistent with FIRM’s independent contractor status, nothing contained herein shall be deemed to prohibit or limit FIRM from representing parties other than those expressly covered by this Agreement, provided that FIRM shall not represent CITY’s officials, officers, employees, board members and commissioners (whether individually or collectively) in disputes with CITY or in any other investigation, administrative proceeding, or litigation against CITY which would conflict with CITY’s interests or create any other conflict as prohibited by law or the canons of ethics of the State Bar of California.
6. DISCLOSURE.
By executing and returning this Agreement, FIRM discloses that it maintains professional errors and omissions insurance pursuant to the requirements of California Business & Professions Code section 6148.
7. INSURANCE REQUIREMENTS.
FIRM shall secure and maintain at its own expense during the life of this Agreement Workers’ Compensation and other insurance coverage in the forms and amounts set forth in the attached Exhibit “C,” which is incorporated herein by reference.
8. LICENSES, PERMITS, AND COMPLIANCE WITH LAW.
FIRM represents and warrants that prior to commencing any work under this Agreement, it shall obtain and maintain at its own expense during the life of this EXHIBIT 1 25
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Agreement any other licenses, permits, qualifications, and approval required to practice its profession and perform the contract services and shall comply with any and all applicable local, State, and federal laws in performing the contract services.
9. NOTICES.
Any written notice to be given to the parties in connection with this Agreement may be affected by personal delivery or by mail and shall be considered effectively tendered upon actual receipt. Mailed notices shall be addressed as set forth below:
To CITY: Lori M. Asuncion
City Attorney
425 North El Dorado Street, Second Floor
Stockton, CA 95202
To FIRM: Jenica Maldonado
Atkinson, Andelson, Loya, Ruud & Romo
3 Harbor Drive, Suite 200
Sausalito, CA 94965
10. LEGAL FEES AND BILLING PRACTICES.
CITY agrees to pay by the hour at FIRM’s prevailing rates for all time spent on CITY’s matter(s) by FIRM’s legal personnel. FIRM’s current hourly rates for work on CITY’s matters are set forth in Exhibit “A” to this Agreement.
Any change in FIRM’s rates as set forth in Exhibit “A” to this Agreement must be sent to CITY in writing 30 days prior to implementation so that CITY may accept or reject the changes as to matters being handled by FIRM at that time.
The legal personnel assigned to CITY’s matter may confer among themselves about the matter, as is reasonably required and appropriate. When they do confer, each person will charge for the time expended, as long as the work done is reasonably necessary and not duplicative. Likewise, if more than one of the legal personnel attends a meeting, court hearing or other proceeding, each will charge for the time spent. CITY reserves the right to disapprove the second charge.
11. COSTS AND OTHER CHARGES.
(a) CITY agrees to pay for FIRM’s costs, disbursements, and expenses in addition to its hourly fees for the performance of legal services under this Agreement.
These costs and expenses commonly include service of process charges, filing fees, court and deposition reporters' fees, jury fees, notary fees, deposition costs, messenger and other delivery fees, travel costs including parking, meals and hotel costs, investigation expenses, consultants' fees, expert witness, professional, mediator, arbitrator and/or special master fees.
EXHIBIT 1 26
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(b) Out of town travel. CITY agrees to pay transportation, meals, lodging, and all other costs of any necessary out-of-town travel by FIRM’s personnel, only if preapproved by CITY. CITY will be charged the hourly rate for time spent on such preapproved travel. (c) Experts, Consultants, and Investigators. To aid in the preparation or presentation of CITY’s case, it may become necessary to hire expert witnesses, consultants, investigators, and outsourced support services. CITY agrees to pay such fees and charges. FIRM will select any expert witnesses, consultants, investigators, or support services to be hired, and CITY will be informed of persons chosen and their charges.
(d) Related Post-Investigation Services. If FIRM attorney fact finder(s), investigator(s), or decision maker(s) are asked or required to prepare for and/or testify, including, without limitation, at deposition, trial, arbitration or any other proceeding, because of services rendered under this Agreement, or if FIRM must respond to subpoenas or discovery or otherwise respond or perform services with respect to any matter relating to or arising out of the services performed for CITY, CITY agrees to pay FIRM for all time expended (including preparation time) at FIRM attorneys’ hourly rates which have been agreed upon for this engagement and to reimburse FIRM for reasonable costs and expenses incurred, whether or not the investigation has been concluded. This includes reasonable costs of legal representation.
Additionally, CITY understands that if the matter proceeds to court action or arbitration, CITY may be required to pay fees and/or costs to other parties in the action.
Any such payment will be entirely the responsibility of CITY.
12. BILLING STATEMENTS.
FIRM shall submit to CITY, through the City Attorney’s Office, a monthly statement. Each statement shall set forth a description of the legal services rendered for the preceding month in sufficient detail to allow CITY to evaluate whether the fees and costs billed are reasonable in light of the services rendered. In addition, the monthly statements shall include the date of the service, the identity, the duration of the service in tenths of an hour increments and the hourly rate, of the attorney or other staff members performing the service, any reimbursable costs with receipts attached, the itemized and total billing for the statement period. There shall be no bundling of charges. Each activity for which reimbursement is being sought shall be listed separately and shall be followed by the duration and cost for the particular activity. Each monthly statement shall also include a separate cover sheet which lists the total charges due and payable in a format as illustrated in the attached Exhibit “B,” which is incorporated herein by this reference.
13. DISCHARGE AND WITHDRAWAL.
CITY may discharge FIRM at any time. FIRM may withdraw with CITY’s consent or for good cause. Good cause includes CITY’s breach of this Agreement, refusal to EXHIBIT 1 27
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cooperate or to follow FIRM’s advice on a material matter or any fact or circumstance that would render FIRM’s continuing representation unlawful or unethical. When FIRM’s services conclude, all unpaid charges will immediately become due and payable. After services conclude, FIRM will deliver CITY’s file and property in FIRM’s possession whether or not CITY has paid for all services.
14. DOCUMENT RETENTION POLICY.
CITY is entitled to any files in FIRM’s possession relating to the legal services performed by FIRM for CITY, excluding FIRM’s internal accounting records and other documents not reasonably necessary to CITY’s representation. Once a matter is concluded, FIRM will close the file, and CITY will receive notice and a copy thereof.
All CITY-supplied materials and all attorney end product (referred to generally as "CITY material") are the property of CITY. Attorney end product includes, for example, finalized contracts, pleadings, and trust documents. Attorney work product is the property of FIRM. Attorney work product includes, for example, drafts, notes, internal memoranda and electronic files, and attorney representation and administration materials, including attorney-CITY correspondence and conflicts materials.
15. DISCLAIMER OF GUARANTEE AND ESTIMATES.
Nothing in this Agreement or in FIRM’s preliminary statements to CITY will be construed as a promise or guarantee about the outcome of the matter. FIRM’s comments about the outcome of the matter will be taken as expressions of opinion only.
Any estimate of fees given by FIRM shall not be a guarantee. Only the detailed invoices to be provided to CITY shall constitute the amount owed for legal services performed on CITY’s behalf.
16. MEDIATION/ARBITRATION; WAIVER OF JURY TRIAL.
If a dispute arises out of or relating to any aspect of this Agreement between CITY and FIRM, the breach thereof, the professional services rendered by FIRM, or any other disagreement of any nature, type, or description, regardless of the facts or the legal theories which may be involved, and if the dispute cannot be settled through negotiation, FIRM and CITY agree to discuss in good faith the use of mediation before resorting to arbitration, litigation, or any other dispute resolution procedure. Nothing herein shall limit or otherwise affect CITY’s right under sections 6200-6206 of the California Business and Professions Code to request arbitration of any fee dispute by an independent, impartial arbitrator or panel of arbitrators through a bar association program created solely to resolve fee disputes between lawyers and CITY. However, should discussions, mediation or non-binding arbitration provided through a local bar association program not resolve the dispute, each party is entitled to pursue all other available legal remedies. The claims or controversies subject to this provision shall include, without limitation, any claim of professional negligence or malpractice, breach of fiduciary duty, misrepresentation, and conflicts of interest. //
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17. ATTORNEYS’ FEES CLAUSE.
The prevailing party in any action or proceeding arising out of or to enforce any provision of this Agreement, with the exception of a fee arbitration or mediation under Business and Professions Code sections 6200-6206, will be awarded reasonable attorneys’ fees and costs incurred in that action or proceeding, or in the enforcement of any judgment or award rendered.
18. ENTIRE AGREEMENT.
This Agreement contains the entire agreement of the parties. No other agreement, statement, or promise made on or before the effective date of this Agreement will be binding on the parties.
19. SEVERABILITY IN EVENT OF PARTIAL INVALIDITY.
If any provision of this Agreement is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire Agreement will be severable and remain in effect.
20. MODIFICATION BY SUBSEQUENT AGREEMENT.
This Agreement may be modified by subsequent agreement of the parties only by an instrument in writing signed by both of them.
21. EFFECTIVE DATE.
This Agreement will govern all legal services performed by FIRM on behalf of CITY commencing with the date FIRM first performs services. The date at the beginning of this Agreement is for reference only.
22. AUTHORITY TO CONTRACT.
The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.
LORI M. ASUNCION ATKINSON ANDELSON LOYA RUUD
CITY ATTORNEY & ROMO
By: By:
CITY ATTORNEY JENICA MALDONADO
“‘CITY” “FIRM”
EXHIBIT 1 29
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EXHIBIT “A”
1. FIRM shall be compensated for work under this Agreement at the standard hourly rates of FIRM's attorneys and paralegals in effect at the time services are rendered. The current standard hourly rates are as follows:
Partners $425 - 500
Of Counsel $ 375 - 420
Associates $ 285 - 360
Law Clerks $ 275
Paralegals $150 - $200
Legal Assistants $125 - $150
2. FIRM shall also charge for expenses such as photocopying, telecopying, postage, express delivery, long distance telephone, travel costs, filing and publication fees, as applicable, and other out-of-pocket expenses related to this engagement.
3. FIRM shall bill for services hereunder not more frequently than monthly, and such invoice shall be payable upon receipt.
EXHIBIT 1 30
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EXHIBIT “B”
YOUR LETTERHEAD
City of Stockton Date: _________________
Attn: Lori M. Asuncion Acting City Attorney Invoice No. _________________ City Hall, 2nd Floor Our File No. _________________
425 North El Dorado Street
Stockton California 95202-1997
SUBJECT MATTER/CASE NAME & NUMBER
For Legal Services rendered through as fully described on the attached detailed billing.
TOTAL FEES $_______________
TOTAL EXPENSES $ ______________
**TOTAL CHARGES FOR THIS BILL** $_______________
EXHIBIT 1 31
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EXHIBIT "C"
INSURANCE REQUIREMENTS
FIRM shall procure and maintain for the duration of the agreement insurance against all claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by FIRM its agents, representatives, or employees.
Minimum Limits of Insurance
FIRM, shall maintain insurance limits not less than:
1. General liability: $1,000,000 per occurrence for bodily injury, personal injury, and property damage.
If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3. Workers' Compensation: $1,000,000 per accident for bodily injury or disease.
4. Professional/Malpractice Liability: $1,000,000 per occurrence.
Deductibles and Self-Insured Retention
Except for Professional/Malpractice Liability, any deductibles or self-insured retention must be declared to and approved by CITY.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. CITY, its officers, officials, employees, and volunteers are to be covered as additional insured on general liability and automobile liability policies as respects: liability out of activities performed by or on behalf of FIRM; premises owned, occupied, or used by FIRM; and automobiles non-ownedor hired by FIRM. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, officials, employees, or volunteers.
2. For any claims related to the project, FIRM's insurance coverage shall be primary insurance as respects CITY, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by CITY, its officers, officials, employees, or volunteers shall be excess of FIRM's insurance and shall not contribute with it.
EXHIBIT 1 32
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3. Any failure to comply with the reporting or other provisions of the policies shall not affect coverage provided to CITY, its officers, officials, employees, or volunteers.
4. FIRM's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
Notice to CITY
Each insurance policy required by this Agreement shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, from FIRM to CITY.
Subcontractors
Before permitting any subcontractors to perform work under this Agreement, FIRM shall require subcontractors to furnish satisfactory proof that insurance has been issued and is maintained similar to that provided by FIRM as may be applied to each subcontractor’s work.
Acceptability of Insurers
Insurance is to be placed with insurers that are admitted insurance carriers in the State of California or must otherwise be approved by CITY.
Verification of Coverage
FIRM shall furnish CITY with original endorsements of effective coverage for policies on which CITY is included as an additional insured as required by this Exhibit and shall furnish original certificates of insurance for all other required policies. The endorsements are to be signed by the person authorized by the insurer to bind coverage on its behalf. All endorsements and certificates are to be received and approved by CITY before work commences.
Upon request, FIRM shall furnish CITY a certified copy of any or all policies of insurance covering the work required under this Agreement.
EXHIBIT 1 33
City of Stockton
Legislation Text
File #: 24-1225, Version: 1
APPOINTMENT TO SAN JOAQUIN COUNTY MOSQUITO AND VECTOR CONTROL
DISTRICT BOARD
RECOMMENDATION
It is recommended that City Council adopt a resolution reappointing Commissioner Gary Lambdin to the San Joaquin County Mosquito and Vector Control District Board, for a term commencing immediately and ending December 31, 2028.
Summary
There is one vacancy on the San Joaquin County Mosquito and Vector Control District Board created by the expiring term on December 31, 2024, of the City's appointed board member, Gary Lambdin.
City Clerk initiated a recruitment to fill this vacancy, and scheduled interviews with the qualified applicants. Interviews were conducted on November 26, 2024, at which the incumbent, Gary Lambdin was the only applicant to appear.
DISCUSSION
Background
The function of the San Joaquin County Mosquito and Vector Control Board is to provide direction and governance to the District concerning the control of vectors, such as mosquitoes and ticks, and vector-borne diseases, such as West Nile virus and Lyme. Control services are provided to all lands, both private and public, within San Joaquin County and its political subdivisions.
Present Situation
With Gary Lambdin being the only applicant to interview, Council Policy 3.02 Section 11. F. provides that if the number of applicants is less than or equal to the number of vacancies, Council may proceed to fill any number of vacancies from the available list. Subject to Council ratification, it is recommended that Gary Lambdin be appointed to a four-year term commencing immediately and ending December 31, 2028.
FINANCIAL SUMMARY
There is no financial impact to the City as a result of this appointment.
ATTACHMENTS
Attachment A - Redacted Application
City of Stockton Page 1 of 1 Printed on 11/26/2024
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34 Submit Date: Nov 19, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 4
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
If yes, please list
San Joaquin County Mosquito & Vector Control District
Gary R Lambdin
Stockton CA
Gary R Lambdin
Attachment A 35
Which Boards would you like to apply for?
San Joaquin County Mosquito And Vector Control District: Submitted Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
Possess decision-making abilities
Understanding of Ethnic/Gender Diversity
Willingness to tolerate/promote change
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
My career has been in agricultural sciences and I am familiar with issues this board has encountered. I have served on this board for eight years, as Past President member of the Executive Committee and current Chairman of the Budget Committee. I was an intern for the SJCM&VCD while going to college.
Please state the reason you would like to be a member of this board/commission.
I would be honored to be appointed to represent the City of Stockton and continue the ongoing work to control West Nile virus throughout the City of Stockton.
Have you served on an advisory group before?
Yes No
If yes, please explain.
Stockton Successor Agency Oversight Board
Gary R Lambdin
Attachment A 36
Upload a Resume
How did you hear about the position?
Current member
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Question applies to multiple boards
I consent to the City of Stockton verifying my voter registration, if required.
Yes No
Submit Application
Enter Your Initials:
rgl
Date Signed
November 19, 2024
Gary R Lambdin
Attachment A 37
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPOINTING ONE MEMBER TO THE STOCKTON SAN JOAQUIN
COUNTY MOSQUITO AND VECTOR CONTROL DISTRICT BOARD
One vacancy exists on the San Joaquin County Mosquito and Vector Control District Board due to the term completion of Gary Lambdin; and
The term for this position will begin January 1, 2025, and end December 31, 2028; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
Pursuant to the provisions of California Health and Safety Code sections 2024 and 2022(b), the Council appoints Gary Lambdin to the term on San Joaquin County Mosquito and Vector Control District Board for a term commencing January 1, 2025, and expiring December 31, 2028.
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
38 City of Stockton
Legislation Text
File #: 24-1200, Version: 1
APPOINTMENT TO THE STOCKTON PORT COMMISSION
RECOMMENDATION
It is recommended that City Council adopt a resolution reappointing Commissioner Michael Duffy to the Stockton Port Commission, for a term commencing January 16, 2025 and ending January 15, 2029.
Summary
On January 15, 2024, Commissioner Duffy’s term on the Stockton Port Commission will expire creating a vacancy to be filled. The City Clerk’s Office conducted an ongoing recruitment to fill the vacancy and scheduled interviews with the qualified applicants. Interviews were held on November 21, 2024, at which the incumbent, Michael Duffy was the only applicant to appear.
DISCUSSION
Background
The Stockton Port Commission consists of seven members, with three members appointed by the County Board of Supervisors, and four members appointed by the City Council. The function of the Stockton Port Commission is to exercise general supervision over the Port of Stockton by adopting general rules and regulations which, in its judgment, will best promote the interests of the Port as established under State law.
Present Situation
With Michael Duffy being the only applicant to interview, Council Policy 3.02 Section 11. F. provides that if the number of applicants is less than or equal to the number of vacancies, Council may proceed to fill any number of vacancies from the available list. Subject to Council ratification, it is recommended that Michael Duffy be appointed to a four-year term commencing January 16, 2025 and ending January 15, 2029.
FINANCIAL SUMMARY
Members of the Port Commissioner do not receive remuneration. There is no financial impact to the General Fund in making this appointment.
Attachment A - Redacted Application
City of Stockton Page 1 of 1 Printed on 11/26/2024
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39 Submit Date: Nov 19, 2024
Email Address
First Name Middle
Initial
Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
If selected "Other," please specify.
mixed race
What district do you live in? *
District 4
The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?
Yes No
Are you currently serving on a City of Stockton Board, Commission, or Committee?
Yes No
Michael P Duffy
stockton CA
Michael P Duffy
Attachment A 40
If yes, please list
Port Commission
Which Boards would you like to apply for?
Port Commission: Submitted
Question applies to Port Commission
Do you reside within the Port District boundary or consistent with the City General Plan boundaries, plus a one-half mile strip on either side of the Stockton Ship Channel from the Port to Disappointment Slough? Yes No
Question applies to Port Commission
If so, for how long?
32 years
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups. If none, please remove board from your application. Are you knowledgeable, have experience in, or extensive background in any of the following areas? Select all that apply. *
Active in community activities significant enough to confirm knowledge of issues and individuals within the community
I have been a resident of Stockton for at least 3 years.
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am a committed Son of my home town and all my talents and some of my treasure goes to that end. as a child I would drive by and wonder where are those ships going. as I grew up I found out the who what when where why and decided to help in this area to make the stockton and stocktonians lives even better. Service on the Port Commission utilities my skills to leverage our geo strategic assets to the betterment of all. I have been and continue to serve as a steward of these assets while utilizing them to enhance our short and long term opportunities. my background and skills in business, philanthropy, international relations, and deep involvement in our community make me the right candidate to continue the job ive done very well for the city and its citizens.
Michael P Duffy
Attachment A 41
Please state the reason you would like to be a member of this board/commission.
I want to continue utilizing my skills and talent to leverage Stocktons greatest competitive advantage, the Port. my past terms illustrate the work that has contributed to the current improvements and what is yet to be done. From personal lobbying for the ship bonnet project and the EPA zero emissions grant to setting up and ushering through "Stockton Soda Ash" project my work has been intricate to the ports current prosperity and to its near future. my skills in finance, marketing, and international relations have proved valuable to the people of stockton in the return of long term business in a cleaner better way than before.
Have you served on an advisory group before?
Yes No
If yes, please explain.
in the past and currently I serve on associations, not for profit boards, corporate boards, and government appointed commissions.
How did you hear about the position?
city public information
City Council Policy 100-2 states that Commissioners are required to attend meetings on a regular basis. If appointed, will you be able to attend meetings regularly and devote the time necessary to fulfill your duties as a member?
Yes No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this advisory group?
Yes No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?
Yes No
Voter Registration (Questions appear if required)
Submit Application
Michael P Duffy
Attachment A 42
Enter Your Initials:
mpd
Date Signed
11-19-24
Michael P Duffy
Attachment A 43
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPOINTING ONE COMMISSIONER TO THE STOCKTON PORT
COMMISSION
As of January 15, 2025, one vacancy will exist on the Stockton Port Commission due to the expiration of Commissioner Michael Duff’s term; and The term for this position will begin January 16, 2024 and end January 15, 2029; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council hereby reappoints Michael Duffy to fill one vacancy on the Stockton Port Commission, for a term commencing January 16, 2025, and ending January 15, 2029.
PASSED, APPROVED, and ADOPTED December 3, 2024 .
ATTEST:
KEVIN J. LINCOLN II
Mayor of the City of Stockton
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
44 City of Stockton
Legislation Text
File #: 24-0481, Version: 1
ADOPT A RESOLUTION RESCINDING AND REPLACING THE CITY OF STOCKTON’S
CONFLICT OF INTEREST CODE BY ADDING AND DELETING CERTAIN DESIGNATED
POSITIONS
RECOMMENDATION
It is recommended that City Council adopt a resolution rescinding and replacing the City of Stockton’s Conflict of Interest Code by adding and deleting certain designated positions.
Summary
This is the Biennial Review and amendment of the City’s Conflict of Interest Code as required by the Fair Political Practices Commission. In July 2024, all Departments were notified of the review and were requested to submit any changes to their department’s designated positions as reflected in the City’s Conflict-of-Interest Code. The amendments to the Conflict-of-Interest Code were made as indicated in Attachment A using strike-out and redline text. The Disclosure Categories and department amendments have been reviewed and approved by the City Attorney.
DISCUSSION
Background
The Political Reform Act (Cal. Gov. Code § 87100, et seq.) (“the Act”) requires every city to adopt a Conflict-of-Interest Code that identifies designated officials and employees in the agency who must file a financial disclosure statement. This section of the Act was established to ensure that:
“No public official at any level of state or local government shall make, participate in making, or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest” (Cal. Gov. Code § 87100).
Government Code Section 87200 of the Act requires that certain public officials, including City Mayors and Councilmembers, City Managers, City Attorneys, City Treasurers, file an annual statement fully disclosing economic interests. In addition, certain employees are designated and disclosure categories set forth which require reporting by those individuals who because their position entails the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest, must file statements of economic interest as indicated in Attachment A.
The Act specifically excludes designation of positions in conflict-of-interest codes that are covered under section 87200, and therefore, those positions are not included in this review. Statements completed by officials holding these positions are filed with the Fair Political Practices Commission City of Stockton Page 1 of 2 Printed on 11/27/2024
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45 File #: 24-0481, Version: 1
(FPPC) through the City Clerk.
Government Code section 91013 authorizes the City Clerk, as the Filing Official for the City of Stockton, to impose a late filing penalty in the form of a fine of $10 per day for each day a statement is late up to a maximum fine of $100.
Present Situation
The Act requires agencies to amend their code "...when change is necessitated by changed circumstances, including the creation of new positions which must be designated..." (Cal. Gov. Code § 87306). The Council is required to approve by resolution its current Conflict of Interest Code with modifications recommended by staff as noted in Attachment A. Newly designated positions are written in red text. Previously designated positions recommended for deletion are lined through.
FINANCIAL SUMMARY
There is no financial impact to the City because of these amendments.
Attachment A - 2024 Conflict of Interest Code Redlined
City of Stockton Page 2 of 2 Printed on 11/27/2024
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46 APPENDIX A: Page 1 of 8
CITY OF STOCKTON CONFLICT OF INTEREST CODE
APPENDIX A: DEPARTMENTS AND OFFICES
ADMINISTRATIVE SERVICES DEPARTMENT
Designated Position Disclosure Category
Accounting Manager 5 1
Assistant Chief Financial Officer 5 1
Budget Analyst I/II 1
Budget Officer 1
Chief Financial Officer *
Grants Analyst 1
Materials Supervisor 5
Procurement Specialist I/II 3
Procurement Manager Officer 5 3
Program Manager I/II 1
Program Manager III 5 3
Reprographics Supervisor 5
Revenue Officer 5
Senior Budget Analyst (Confidential) 1
Senior Procurement Specialist 3
Supervising Procurement Specialist 3
CITY ATTORNEY
Designated Position Disclosure Category
Assistant City Attorney 1
City Attorney *
Deputy City Attorney 1
CITY AUDITOR
Designated Position Disclosure Category
Administrative Analyst I/II 1
Assistant City Auditor 1
City Auditor 1
Deputy City Auditor I/II 1
Senior Administrative Analyst 1
Attachment A 47
APPENDIX A: Page 2 of 8
CITY AUDITOR (continued)
Designated Position Disclosure Category
Senior Deputy City Auditor 1
Consultant 6
CITY CLERK
Designated Position Disclosure Category
City Clerk 1
Assistant City Clerk I/II 1
Senior Deputy City Clerk 5
Supervising Deputy City Clerk/Operations 3
CITY COUNCIL
Designated Position Disclosure Category
City Councilmember *
CITY MANAGER
Designated Position Disclosure Category
Administrative Analyst I/II 1
City Manager *
Community Relations Officer 5 1
Deputy City Manager 1
Director of Performance and Data Analytics 1
Diversity, Equity, Inclusion Officer 1
Environmental and Sustainability Officer 1
Management Assistant 1
Office of Violence Prevention Director 1
Office of Violence Prevention Manager 1
Program Manager I 1
Program Manager II 1
Program Manager III 1
Senior Administrative Analyst Management Assistant 1
Consultants 1
Attachment A 48
APPENDIX A: Page 3 of 8
COMMUNITY DEVELOPMENT DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst I/II 4
Assistant Director of Community Development 1
Assistant Planner 4
Associate Civil Engineer 4
Associate Engineer 4
Associate Planner 4
Combination Inspector I/II 4
Community Development Technician 4
Deputy Building Official 4
Deputy Director/Building 1
Deputy Director/Planning and Engineering Services 1
Director of Community Development 1
Engineering Technician I/II 4
Junior Engineer 4
Plan Check Engineer 4
Plan Checker I/II 4
Planning Manager 4
Principal Civil Engineer 3
Program Manager I/II 4
Program Manager III 4
Revenue Assistant I/II 3
Senior Building Inspector 5
Senior Civil Engineer 4
Senior Community Development Technician 4
Senior Engineering Technician 4
Senior Plan Checker 4
Senior Planner 4
Supervising Combination Inspector 4
Supervising Plan Check/Structural Engineer 4
Attachment A 49
APPENDIX A: Page 4 of 8
COMMUNITY SERVICES DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst I/II 5
Director of Community Services 1
Department Finance Officer 1
Deputy Director of Community Services-City Librarian 1
Deputy Director of Community Services/Recreation 1
Library Manager 5
Program Manager II 5
Program Manager III 5
Project Manager 5
Recreation Superintendent 5
Recreation Supervisor Manager 5
Senior Administrative Analyst 5
ECONOMIC DEVELOPMENT DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst I/II 4
Assistant Economic Development Director 1
Department Finance Officer 4
Deputy Redevelopment Officer 1
Economic Development Analyst 4
Economic Development Deputy Director 1
Economic Development Director 1
Events Coordinator 4
Events Manager 4
Grants Analyst 4
Housing Deputy Director 1
Parking and Venues Manager 4
Parking Enforcement Supervisor 4
Program Manager I/II - Administration 4
Program Manager III – Business Incentive Manager 4
Program Manager III – Housing Manager 4
Program Manager III – Homelessness Program Manager 4
Program Manager III – Parking Authority and Venues 4
Real Property Agent I/II 4
Project Manager I/II/III – Housing and Asset Management 4 Attachment A 50
APPENDIX A: Page 5 of 8
ECONOMIC DEVELOPMENT DEPARTMENT (continued)
Designated Position Disclosure
Senior Administrative Analyst 4
Senior Economic Development Analyst 4
Senior Housing Rehabilitation Counselor 4
Senior Real Property Agent 4
Supervising Real Property Agent 4
Consultants Consultants 6
FIRE DEPARTMENT
Designated Position Disclosure Category
Assistant Fire Marshall 5
Deputy Fire Chief I/II 5
Deputy Fire Marshal 5
Division Chief 5
ECD Captain 5
Emergency Manager 5
EMS Captain/Division of Training 5
Fire Battalion Chief 5
Fire Chief 1
Fire Marshall (Fire and Prevention) 5
Fire Prevention Inspector I/II 5
Plan Checker I/II 5
Program Manager I/II/III 5
Project Manager I/II/III 5
Supervising Fire Prevention Inspector 5
Suppression Captain/Division of Training 5
HUMAN RESOURCES DEPARTMENT
Designated Position Disclosure Category
Assistant Director of Human Resources 1
Deputy Director of Human Resources 1
Director of Human Resources 1
Human Resources Manager/ Safety Officer 1
Liability Claims Investigator I/II 1
Program Manager III 1
Attachment A 51
APPENDIX A: Page 6 of 8
HUMAN RESOURCES DEPARTMENT (continued)
Designated Position Disclosure
Risk Manager 1
Senior Risk Analyst 1
Supervising Human Resources Analyst 1
Consultants Consultants
INFORMATION TECHNOLOGY DEPARTMENT
Designated Position Disclosure Category
Deputy Information Technology Director 1
Director of Information Technology 1
Information Technology Supervisor 5
Information Technology Officer 5
Network Support Analyst II 5
Program Manager I/II/III 5
Project Manager II 5
Senior Systems Analyst 5
Consultants Consultants 6
MAYOR
Designated Position Disclosure Category
Executive Assistant to the Mayor 1
Mayor’s Senior Policy Advisor 1
Public Information Officer I/II 1
Program Manager III 1
Consultants Consultants 6
MUNICIPAL UTILITIES DEPARTMENT
Designated Position Disclosure Category
Assistant Director of Municipal Utilities 5
Assistant Engineer 5
Associate Civil Engineer 5
Chief Plant Operator – Wastewater 5
Chief Plant Operator – Water 5
Chief Water Systems Operator 5
Attachment A 52
APPENDIX A: Page 7 of 8
Deputy MUD Director/Maintenance & Collection Systems 5
Deputy MUD Director/Wastewater 5
Deputy MUD Director/Water Resources 5
Director of Municipal Utilities 1
Engineering Services Manager Municipal Utilities 5
Environmental Control Officer 5
MUD Financial Officer 5 3
Principal Civil Engineer 5
Program Manager I/II/III 5
Public Works Inspector 5
Senior Civil Engineer 5
Senior Environmental Control Officer 5
Technical Services Supervisor 5
OFFICE OF VIOLENCE PREVENTION
Designated Position Disclosure Category
Office of Violence Prevention Director 1
Office of Violence Prevention Manager 1
Consultants Consultants
POLICE DEPARTMENT
Designated Position Disclosure Category
Chief of Police 5
Department Finance Officer 3
Deputy Chief of Police I/II 5
Police Captain 5
Police Fiscal Affairs/Planning Manager 5 3
Police Services Administrator 5
Police Services Manager 5
Program Manager I/II/III 5
Attachment A 53
APPENDIX A: Page 8 of 8
PUBLIC WORKS DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst 5
Assessment District Program Coordinator 5
Assistant City Traffic Engineer 5
Assistant Civil Engineer 5
Assistant Engineer 5
Assistant Solid Waste Manager 5 3
Associate Civil Engineer 5
Associate Engineer 5
Associate Traffic Engineer 5
City Traffic Engineer 5
Construction Services Manager 5
Department Finance Officer 3
Deputy Public Works Director/City Engineer 5
Deputy Public Works Director 5
Engineering Services Manager 5
Engineering Technician I/II 5
Facilities Manager 5
Fleet Manager 5 3
Junior Engineer 5
Parks Facility Planner/Landscape Architect 4
Parks Manager 5
Parks Supervisor 5
Principal Administrative Analyst 5
Program Manager I/II/III 5
Project Manager I/II/III 5
Public Works Director 1
Public Works Inspector 4
Public Works Safety/Training Officer 5
Public Works Supervisor 5
Public Works Supervisor/Electrical 5
Senior Administrative Analyst 5
Senior Civil Engineer 5
Senior Engineering Technician 5
Attachment A 54
APPENDIX A: Page 9 of 8
PUBLIC WORKS DEPARTMENT (continued)
Designated Position Disclosure Category
Supervising Public Works Inspector 4
Senior Public Works Supervisor Electrical (Traffic) 5
Senior Public Works Supervisor/Streets 5
Solid Waste Manager 5 3
Supervising Mechanic 5
Consultants Consultants
*Required to file a statement of economic interest pursuant to Government Code Section 87200
Attachment A 55
APPENDIX B: Page 1 of 1
CITY OF STOCKTON CONFLICT OF INTEREST CODE
APPENDIX B: DESIGNATED BOARDS, COMMISSIONS, COMMITTEES
BOARDS, COMMISSIONS, COMMITTEES
Name Designated Position Disclosure
Category
Arts Commission All Commissioners 1
Building Board of Appeals All Commissioners 1
Central Parking District Advisory Board All Commissioners 2 City Council Salary Setting Commission All Commissioners 1 Civil Service Commission All Commissioners 1
Climate Action Plan Advisory Committee All Commissioners 1 Community Development Committee All Commissioners 1
Handicapped Access Board of Appeals All Commissioners 1 Measure A Citizens’ Advisory Committee All Commissioners 4 Measure W Oversight Committee All Commissioners 4
Parks and Recreation Commission All Commissioners 1
Planning Commissioners All Commissioners *
Public Financing Authority (meeting concurrently
as City Council)
Chairperson, Executive
Director, Treasurer, Legal
Advisor
All Category
4 *7
Public Financing Authority Consultants Consultants 6
Redistricting Advisory Commission All Commissioners 5
Strong Communities Advisory Committee All Commissioners 4 Water Advisory Group All Commissioners 1
Attachment A 56
APPENDIX C: Page 1 of 6
CITY OF STOCKTON CONFLICT OF INTEREST CODE
APPENDIX C: DISCLOSURE CATEGORIES
DISCLOSURE CATEGORY 1
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. Investments and business positions in any business entity located in, doing business or planning to do business in the City of Stockton. (See FPPC Form 700 Schedules A-1 and A-2 Instructions)
b. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C, and D, and E Instructions)
c. Financial interests in real property (See FPPC Form 700 Schedule B Instructions):
1) within the boundaries of the City of Stockton, or
2) within a two-mile radius of any property owned or used by the City of Stockton; or
3) subject to the jurisdiction of the City of Stockton. d. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C, D and E Instructions).
Attachment A 57
APPENDIX C: Page 2 of 6
DISCLOSURE CATEGORY 2 - CENTRAL PARKING DISTRICT
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. Investments and business positions in any business entity located in, doing business or planning to do business in the Central Parking District. (See FPPC Form 700 Schedules A-1 and A-2 Instructions)
b. Income, including loans, gifts, and travel payments from sources, within the Central Parking District. (See FPPC Form 700 Schedules D and E Instructions) c. Financial interests in real property (See FPPC Form 700 Schedule B Instructions):
1) within the boundaries of the Central Parking District, or 2) within a two-mile radius of any property owned or used by the Central Parking District; or
3) subject to the jurisdiction of the Central Parking District.
DISCLOSURE CATEGORY 3
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. All investments within the boundaries of the City of Stockton or within a twomile radius of the City of Stockton (See FPPC Form 700 Schedules A-1 and A2 Instructions); Attachment A 58
APPENDIX C: Page 3 of 6
b. All investments in business entities which, within the last two years, have contracted, or in the future may contract with the City of Stockton to provide services, supplies, materials, machinery or equipment (See FPPC Form 700 Schedules A-1 and A-2 Instructions);
c. All investments in business entities in the construction or building industry within the City of Stockton (See FPPC Form 700 Schedules A-1 and A-2 Instructions);
d. All interests in real property within the City of Stockton (See FPPC Form 700 Schedule B Instructions);
e. All sources of personal income (See FPPC Form 700 Schedule C Instructions); f. The name of each business entity not specified above in which he or she is a director, officer, partner, trustee, employee, or is holding any position of management. (See FPPC Form 700 Schedule A-2 Instructions) g. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C, D and E Instructions).
DISCLOSURE CATEGORY 4
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. All investments, income or real property interest (See FPPC Form 700 Schedules A-1 and A-2 Instructions):
1) within the boundaries of the City of Stockton;
Attachment A 59
APPENDIX C: Page 4 of 6
2) within a two-mile radius of the City of Stockton;
3) in business entities which, within the last two years, have contracted, or in the future may contract with the City of Stockton to provide services, supplies, materials, machinery or equipment;
4) in business entities in the construction or building industry within the City of Stockton;
5) from business entities engaged in building construction or design including contractors and subcontractors located or doing business in the City of Stockton;
b. The name of each business entity not specified above in which he or she is a director, officer, partner, trustee, employee, or is holding any position of management (See FPPC Form 700 Schedule A-2 Instructions); c. Investments in or income from persons or business entities engaged in the acquisition or disposal of real property within the City of Stockton (See FPPC Form 700 Schedule B Instructions);
d. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C, D and E Instructions).
DISCLOSURE CATEGORY 5
a. Investments and business positions in any business entity that manufacture or sell supplies, books, machinery or equipment of the type utilized by the City of Stockton (See FPPC Form 700 Schedules A-1 and A-2 Instructions); b. Investments in or income from business entities that are contractors or subcontractors and are, or have been, within the previous two year period, doing business in the City of Stockton (See FPPC Form 700 Schedules A-1 and A-2 Instructions);
Attachment A 60
APPENDIX C: Page 5 of 6
c. Income, including loans, gifts, and travel payments from sources that:
1) manufacture, sell, or provide goods, equipment, vehicles, machinery or services, including training or consulting services;
2) provide leased facilities to the City of Stockton;
3) are subject to the regulatory, permit, or licensing authority of, or have an application for a license or permit pending before the City of Stockton; and
4) engage in land development, construction or the acquisition or sale of real property.
(See FPPC Form 700 Schedules C, D and E)
DISCLOSURE CATEGORY 6: CONSULTANTS
Consultants (the individual representing the firm) shall be included in the listing of designated employees and shall disclose pursuant to Disclosure Category 1, subject to the following limitation: The City Manager may determine, in writing, that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and, thus, is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties, and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record, and shall be retained for public inspection in the same manner and location as this conflict of interest code.
DATE:
TO: CITY CLERK, CITY OF STOCKTON
FROM: DEPARTMENT:
SUBJECT: CONFLICT OF INTEREST DISCLOSURE CATEGORIES FOR NEW
CONSULTANT POSITION
Attachment A 61
APPENDIX C: Page 6 of 6
The following Consultant, was hired on / /
and will be performing the following duties:
.
The following Disclosure Categories apply to this position:
Category 1 __________________________ Category 4
Category 2 __________________________ Category 5
Category 3
Chair/Director/Department Head Date
Public Officials (Specified in Government Code Section 87200):
The positions listed below shall file a statement of economic interests pursuant to Government Code Section 87200. These positions are listed for informational purposes only.
1. Stockton City Councilmembers
2. City Manager
3. City Attorney
4. Chief Financial Officer
5. Stockton Planning Commissioners
An individual holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Government Code section 87200.
Attachment A 62
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION RESCINDING AND REPLACING THE CITY OF STOCKTON’S
CONFLICT OF INTEREST CODE BY ADDING AND DELETING CERTAIN
DESIGNATED POSITIONS
Title 2, California Code of Regulations, section 18000, et seq., requires the periodic review of Conflict of Interest Codes as adopted by the City of Stockton; and The Political Reform Act, Government Code section 81000, et seq., requires conforming amendments to Conflict of Interest Codes adopted and promulgated pursuant to its provisions; and
The Fair Political Practices Commission has adopted section 18730 of Title 2, California Code of Regulations, which contains the terms of a standard conflict of interest code, and may be incorporated by reference and which may be after public notice and hearings conducted by the Fair Political Practices Commission to conform to amendments in the Political Reform Act, pursuant to Government Code section 11370, et seq.; and
The terms of 2 Cal. Code of Regs., Section 18730 and any amendments thereto, are incorporated by reference and along with the attached Appendix A, in which members of and employees are designated, and disclosure categories are set forth, and shall constitute the City of Stockton’s Conflict-of-interest Code; and Designated employees shall file statements of economic interests where indicated in Appendix A, as required by 2 Cal. Code of Regs., Section 18730, upon appointment, beginning employment, termination, and annually; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. All previously adopted resolutions approving or amending the City’s Conflict of Interest Codes are hereby rescinded.
2. The model Conflict of Interest Code, Title 2, California Code of Regulations section 18730 and its subsequent amendments are hereby adopted by reference together with Appendix A– C, attached and incorporated by this reference, designating employee disclosures, all of which constitute the Conflict of Interest Codes for the following departments and agencies:
A. PUBLIC OFFICIALS
63 (1) Mayor and City Councilmembers
(2) Planning Commissioners
(3) City Manager
(4) City Attorney
(5) Director of Administrative Services/City Treasurer
The officials named in section 2A of this resolution are required to file a statement of economic interests in accordance with Government Code section 87200.
B. DESIGNATED FILERS
1. A designated employee is anyone within the City of Stockton who is an officer, employee, member, or consultant who is designated in the Code because the position entails the making or participation in the making of decisions which may foreseeably have a material effect on any financial interest (Gov. Code, § 82019), and who shall file statements of economic interest pursuant to subsection (b)(5) of section 18730 of Title 2, California Code of Regulations, which contains the terms for a standard Conflict-of-Interest Code.
2. Government Code section 91013 authorizes the City Clerk, as the Filing Official for the City of Stockton, to impose a late filing penalty upon late filers, in the form of a fine of $10 per day for each day a statement is late up to a maximum of $100.
APPENDIX A – DEPARTMENTS AND OFFICES OF THE CITY OF STOCKTON:
(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire
(10) Information Technology
(11) Human Resources
(12) Mayor
(13) Municipal Utilities
(14) Police
(15) Public Works
APPENDIX B – BOARDS AND COMMISSIONS OF THE CITY OF STOCKTON (1) Arts Commission
(2) Building Board of Appeals
(3) Central Parking District Advisory Board
64 (4) City Council Salary Setting Commission
(5) Civil Service Commission
(7) Community Development Committee
(7) Council Water Advisory Group
(8) Development Oversight Commission
(9) Handicapped Access Board of Appeals
(10) Measure A Citizens’ Advisory Committee
(11) Measure W Oversight Committee
(12) Parks and Recreation Commission
(13) Public Arts Advisory Committee
(14) Public Financing Authority
(15) Redistricting Advisory Commission
(17) Strong Communities Advisory Committee
APPENDIX C – DISCLOSURE CATEGORIES
(1) Disclosure Category 1
(2) Disclosure Category 2
(3) Disclosure Category 3
(4) Disclosure Category 4
(5) Disclosure Category 5
(6) Disclosure Category 6 – Consultants
PASSED, APPROVED, and ADOPTED December 3, 2024 .
KEVIN J. LINCOLN II
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
Interim City Clerk of the City of Stockton
65 APPENDIX A: Page 1 of 8
CITY OF STOCKTON CONFLICT OF INTEREST CODE
APPENDIX A: DEPARTMENTS AND OFFICES
ADMINISTRATIVE SERVICES DEPARTMENT
Designated Position Disclosure Category
Accounting Manager 1
Assistant Chief Financial Officer 1
Budget Analyst I/II 1
Budget Officer 1
Chief Financial Officer *
Grants Analyst 1
Materials Supervisor 5
Procurement Specialist I/II 3
Procurement Officer 3
Program Manager I/II 1
Program Manager III 5
Reprographics Supervisor 5
Revenue Officer 5
Senior Budget Analyst (Confidential) 1
Senior Procurement Specialist 3
Supervising Procurement Specialist 3
CITY ATTORNEY
Designated Position Disclosure Category
Assistant City Attorney 1
City Attorney *
Deputy City Attorney 1
CITY AUDITOR
Designated Position Disclosure Category
Consultant 6
66 APPENDIX A: Page 2 of 8
CITY CLERK
Designated Position Disclosure Category
City Clerk 1
Assistant City Clerk 1
Senior Deputy City Clerk 5
Supervising Deputy City Clerk/Operations 3
CITY COUNCIL
Designated Position Disclosure Category
City Councilmember *
CITY MANAGER
Designated Position Disclosure Category
Administrative Analyst I/II 1
City Manager *
Community Relations Officer 1
Deputy City Manager 1
Director of Performance and Data Analytics 1
Diversity, Equity, Inclusion Officer 1
Environmental and Sustainability Officer 1
Management Assistant 1
Office of Violence Prevention Director 1
Office of Violence Prevention Manager 1
Program Manager I 1
Program Manager II 1
Program Manager III 1
Senior Management Assistant 1
Consultants 1
COMMUNITY DEVELOPMENT DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst I/II 4
Assistant Director of Community Development 1
Assistant Planner 4
Associate Civil Engineer 4
Associate Engineer 4
67 APPENDIX A: Page 3 of 8
COMMUNITY DEVELOPMENT DEPARTMENT (continued)
Designated Position Disclosure Category
Associate Planner 4
Combination Inspector I/II 4
Community Development Technician 4
Deputy Building Official 4
Deputy Director/Building 1
Deputy Director/Planning and Engineering Services 1
Director of Community Development 1
Engineering Technician I/II 4
Junior Engineer 4
Plan Check Engineer 4
Plan Checker I/II 4
Planning Manager 4
Principal Civil Engineer 3
Program Manager I/II 4
Program Manager III 4
Senior Building Inspector 5
Senior Civil Engineer 4
Senior Community Development Technician 4
Senior Engineering Technician 4
Senior Plan Checker 4
Senior Planner 4
Supervising Combination Inspector 4
Supervising Plan Check/Structural Engineer 4
COMMUNITY SERVICES DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst I/II 5
Director of Community Services 1
Department Finance Officer 1
Deputy Director of Community Services-City Librarian 1
Deputy Director of Community Services/Recreation 1
Library Manager 5
Program Manager II 5
68 APPENDIX A: Page 4 of 8
COMMUNITY SERVICES DEPARTMENT (continued)
Designated Position Disclosure Category
Program Manager III 5
Project Manager 5
Recreation Superintendent 5
Recreation Manager 5
Senior Administrative Analyst 5
ECONOMIC DEVELOPMENT DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst I/II 4
Department Finance Officer 4
Deputy Redevelopment Officer 1
Economic Development Analyst 4
Economic Development Director 1
Events Coordinator 4
Events Manager 4
Grants Analyst 4
Parking Enforcement Supervisor 4
Program Manager I/II - Administration 4
Program Manager III – Business Incentive Manager 4
Program Manager III – Housing Manager 4
Program Manager III – Homelessness Program Manager 4
Program Manager III – Parking Authority and Venues 4
Real Property Agent I/II 4
Senior Administrative Analyst 4
Senior Economic Development Analyst 4
Senior Housing Rehabilitation Counselor 4
Consultants Consultants
FIRE DEPARTMENT
Designated Position Disclosure Category
Assistant Fire Marshall 5
Deputy Fire Chief I/II 5
Deputy Fire Marshal 5
Division Chief 5
ECD Captain 5
Emergency Manager 5
69 APPENDIX A: Page 5 of 8
FIRE DEPARTMENT (continued)
Designated Position Disclosure Category
EMS Captain/Division of Training 5
Fire Battalion Chief 5
Fire Chief 1
Fire Marshall (Fire and Prevention) 5
Fire Prevention Inspector I/II 5
Plan Checker I/II 5
Program Manager I/II/III 5
Project Manager I/II/III 5
Supervising Fire Prevention Inspector 5
Suppression Captain/Division of Training 5
HUMAN RESOURCES DEPARTMENT
Designated Position Disclosure Category
Assistant Director of Human Resources 1
Deputy Director of Human Resources 1
Director of Human Resources 1
Program Manager III 1
Risk Manager 1
Senior Risk Analyst 1
Supervising Human Resources Analyst 1
INFORMATION TECHNOLOGY DEPARTMENT
Designated Position Disclosure Category
Deputy Information Technology Director 1
Director of Information Technology 1
Information Technology Supervisor 5
Information Technology Officer 5
Network Support Analyst II 5
Program Manager I/II/III 5
Project Manager II 5
Senior Systems Analyst 5
Consultants 6
70 APPENDIX A: Page 6 of 8
MAYOR
Designated Position Disclosure Category
Executive Assistant to the Mayor 1
Mayor’s Senior Policy Advisor 1
Public Information Officer I/II 1
Program Manager III 1
Consultants 6
MUNICIPAL UTILITIES DEPARTMENT
Designated Position Disclosure Category
Assistant Director of Municipal Utilities 5
Assistant Engineer 5
Associate Civil Engineer 5
Chief Plant Operator – Wastewater 5
Chief Plant Operator – Water 5
Chief Water Systems Operator 5
Deputy MUD Director/Maintenance & Collection Systems 5
Deputy MUD Director/Wastewater 5
Deputy MUD Director/Water Resources 5
Director of Municipal Utilities 1
Engineering Services Manager Municipal Utilities 5
Environmental Control Officer 5
MUD Financial Officer 3
Principal Civil Engineer 5
Program Manager I/II/III 5
Public Works Inspector 5
Senior Civil Engineer 5
Senior Environmental Control Officer 5
Technical Services Supervisor 5
71 APPENDIX A: Page 7 of 8
POLICE DEPARTMENT
Designated Position Disclosure Category
Chief of Police 5
Department Finance Officer 3
Deputy Chief of Police I/II 5
Police Captain 5
Police Fiscal Affairs/Planning Manager 3
Police Services Administrator 5
Police Services Manager 5
Program Manager I/II/III 5
PUBLIC WORKS DEPARTMENT
Designated Position Disclosure Category
Administrative Analyst 5
Assessment District Program Coordinator 5
Assistant City Traffic Engineer 5
Assistant Civil Engineer 5
Assistant Engineer 5
Assistant Solid Waste Manager 3
Associate Civil Engineer 5
Associate Engineer 5
Associate Traffic Engineer 5
City Traffic Engineer 5
Construction Services Manager 5
Department Finance Officer 3
Deputy Public Works Director/City Engineer 5
Deputy Public Works Director 5
Engineering Services Manager 5
Engineering Technician I/II 5
Facilities Manager 5
Fleet Manager 3
Junior Engineer 5
72 APPENDIX A: Page 8 of 8
Parks Facility Planner/Landscape Architect 4
Parks Manager 5
PUBLIC WORKS DEPARTMENT (continued)
Designated Position Disclosure Category
Parks Supervisor 5
Principal Administrative Analyst 5
Program Manager I/II/III 5
Project Manager I/II/III 5
Public Works Director 1
Public Works Inspector 4
Public Works Safety/Training Officer 5
Public Works Supervisor 5
Public Works Supervisor/Electrical 5
Senior Administrative Analyst 5
Senior Civil Engineer 5
Senior Engineering Technician 5
Supervising Public Works Inspector 4
Senior Public Works Supervisor Electrical (Traffic) 5
Senior Public Works Supervisor/Streets 5
Solid Waste Manager 3
Supervising Mechanic 5
Consultants 6
*Required to file a statement of economic interest pursuant to Government Code Section 87200
73 APPENDIX B: Page 1 of 1
CITY OF STOCKTON CONFLICT OF INTEREST CODE
APPENDIX B: DESIGNATED BOARDS, COMMISSIONS, COMMITTEES
BOARDS, COMMISSIONS, COMMITTEES
Name Designated Position Disclosure
Category
Arts Commission All Commissioners 1
Building Board of Appeals All Commissioners 1
Central Parking District Advisory Board All Commissioners 2 City Council Salary Setting Commission All Commissioners 1 Civil Service Commission All Commissioners 1
Community Development Committee All Commissioners 1
Handicapped Access Board of Appeals All Commissioners 1 Measure A Citizens’ Advisory Committee All Commissioners 4 Measure W Oversight Committee All Commissioners 4
Parks and Recreation Commission All Commissioners 1
Planning Commissioners All Commissioners *
Public Financing Authority (meeting concurrently
as City Council)
Chairperson, Executive
Director, Treasurer, Legal
Advisor
*
Public Financing Authority Consultants 6
Redistricting Advisory Commission All Commissioners 5
Strong Communities Advisory Committee All Commissioners 4 Water Advisory Group All Commissioners 1
74 APPENDIX C: Page 1 of 6
CITY OF STOCKTON CONFLICT OF INTEREST CODE
APPENDIX C: DISCLOSURE CATEGORIES
DISCLOSURE CATEGORY 1
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. Investments and business positions in any business entity located in, doing business or planning to do business in the City of Stockton. (See FPPC Form 700 Schedules A-1 and A-2 Instructions)
b. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C, D, and E Instructions) c. Financial interests in real property (See FPPC Form 700 Schedule B Instructions):
1) within the boundaries of the City of Stockton, or
2) within a two-mile radius of any property owned or used by the City of Stockton; or
3) subject to the jurisdiction of the City of Stockton. 75 APPENDIX C: Page 2 of 6
DISCLOSURE CATEGORY 2 - CENTRAL PARKING DISTRICT
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. Investments and business positions in any business entity located in, doing business or planning to do business in the Central Parking District. (See FPPC Form 700 Schedules A-1 and A-2 Instructions)
b. Income, including loans, gifts, and travel payments from sources, within the Central Parking District. (See FPPC Form 700 Schedules D and E Instructions) c. Financial interests in real property (See FPPC Form 700 Schedule B Instructions):
1) within the boundaries of the Central Parking District, or 2) within a two-mile radius of any property owned or used by the Central Parking District; or
3) subject to the jurisdiction of the Central Parking District.
DISCLOSURE CATEGORY 3
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. All investments within the boundaries of the City of Stockton or within a twomile radius of the City of Stockton (See FPPC Form 700 Schedules A-1 and A2 Instructions); 76 APPENDIX C: Page 3 of 6
b. All investments in business entities which, within the last two years, have contracted, or in the future may contract with the City of Stockton to provide services, supplies, materials, machinery or equipment (See FPPC Form 700 Schedules A-1 and A-2 Instructions);
c. All investments in business entities in the construction or building industry within the City of Stockton (See FPPC Form 700 Schedules A-1 and A-2 Instructions);
d. All interests in real property within the City of Stockton (See FPPC Form 700 Schedule B Instructions);
e. All sources of personal income (See FPPC Form 700 Schedule C Instructions); f. The name of each business entity not specified above in which he or she is a director, officer, partner, trustee, employee, or is holding any position of management. (See FPPC Form 700 Schedule A-2 Instructions) g. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C, D and E Instructions).
DISCLOSURE CATEGORY 4
An investment, income or real property interest is reportable if it may be affected materially by any decision made or participated in by the designated employee by virtue of the employee’s position.
a. All investments, income or real property interest (See FPPC Form 700 Schedules A-1 and A-2 Instructions):
1) within the boundaries of the City of Stockton;
77 APPENDIX C: Page 4 of 6
2) within a two-mile radius of the City of Stockton;
3) in business entities which, within the last two years, have contracted, or in the future may contract with the City of Stockton to provide services, supplies, materials, machinery or equipment;
4) in business entities in the construction or building industry within the City of Stockton;
5) from business entities engaged in building construction or design including contractors and subcontractors located or doing business in the City of Stockton;
b. The name of each business entity not specified above in which he or she is a director, officer, partner, trustee, employee, or is holding any position of management (See FPPC Form 700 Schedule A-2 Instructions); c. Investments in or income from persons or business entities engaged in the acquisition or disposal of real property within the City of Stockton (See FPPC Form 700 Schedule B Instructions);
d. Income, including loans, gifts, and travel payments from all sources, regardless of the jurisdiction. (See FPPC Form 700 Schedules C, D and E Instructions).
DISCLOSURE CATEGORY 5
a. Investments and business positions in any business entity that manufacture or sell supplies, books, machinery or equipment of the type utilized by the City of Stockton (See FPPC Form 700 Schedules A-1 and A-2 Instructions); b. Investments in or income from business entities that are contractors or subcontractors and are, or have been, within the previous two year period, doing business in the City of Stockton (See FPPC Form 700 Schedules A-1 and A-2 Instructions);
78 APPENDIX C: Page 5 of 6
c. Income, including loans, gifts, and travel payments from sources that:
1) manufacture, sell, or provide goods, equipment, vehicles, machinery or services, including training or consulting services;
2) provide leased facilities to the City of Stockton;
3) are subject to the regulatory, permit, or licensing authority of, or have an application for a license or permit pending before the City of Stockton; and
4) engage in land development, construction or the acquisition or sale of real property.
(See FPPC Form 700 Schedules C, D and E)
DISCLOSURE CATEGORY 6: CONSULTANTS
Consultants (the individual representing the firm) shall be included in the listing of designated employees and shall disclose pursuant to Disclosure Category 1, subject to the following limitation: The City Manager may determine, in writing, that a particular consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and, thus, is not required to fully comply with the disclosure requirements described in this section. Such written determination shall include a description of the consultant's duties, and based upon that description, a statement of the extent of disclosure requirements. The City Manager's determination is a public record, and shall be retained for public inspection in the same manner and location as this conflict of interest code.
79 APPENDIX C: Page 6 of 6
Public Officials (Specified in Government Code Section 87200):
The positions listed below shall file a statement of economic interests pursuant to Government Code Section 87200. These positions are listed for informational purposes only.
1. Stockton City Councilmembers
2. City Manager
3. City Attorney
4. Chief Financial Officer
5. Stockton Planning Commissioners
An individual holding one of the above-listed positions may contact the Fair Political Practices Commission for assistance or written advice regarding their filing obligations if they believe that their position has been categorized incorrectly. The Fair Political Practices Commission makes the final determination whether a position is covered by Government Code section 87200. 80 City of Stockton
Legislation Text
File #: 24-1088, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE A SUBAGREEMENT FOR THE CONGRESSIONALLY DIRECTED SPENDING GRANT IN THE AMOUNT OF $875,900.55
RECOMMENDATION
It is recommended that the City Council approve a resolution:
1. Approving findings pursuant to Stockton Municipal Code section 3.68.070 which support and justify an exception to the competitive bidding process; and
2. Authorizing an agreement with Amelia Ann Adams Whole Life Center in the amount of $875,900.55 to implement the Skilled Through Alternative Routes (STAR) Program, a youth workforce development program.
It is recommended that the resolution authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Summary
City Council accepted a $1M Congressionally Directed Spending Grant in June 2024. The intent of this grant is to fund the Skilled Through Alternative Routes (STAR) Program, a new and comprehensive youth workforce development initiative designed to address the unique challenges faced by marginalized, high-risk, and hard-to-hire youth in Stockton, ages 16-24. These youth, who are struggling with gang and gun violence and are often justice-involved and require specialized interventions that go beyond standard employment programs. The STAR program's success will rely on the collaborative efforts the Office of Violence Prevention (OVP) and a strong subgrantee partnership.
DISCUSSION
Background
On June 18, 2024, City Council approved a resolution to accept Congressionally Directed Funding from the United States Department of Labor. This funding was made available through the Workforce Innovation and Opportunity Act (WIOA) and will be used for the STAR Program. The STAR Program seeks to serve 20 participants committed to a minimum of 20 weekly hours for engagement in employment readiness activities at a rate of $20 an hour for 12 months. This program will be implemented by OVP in coordination with the Amelia Ann Adams Whole Life Center (AAAWLC).
AAAWLC will be providing the work readiness portion of the program, as well as placing the youth in positions. OVP is providing the case management support for all participants, recruiting for the program and selecting the participants, and will be handling all the administrative tasks required for the grant. The STAR Program will consist of four phases.
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81 File #: 24-1088, Version: 1
Phase 1 will be the onboarding and needs assessment for the 20 participants. This includes a welcome and orientation to the program, which is where the expectations of the program will be outlined. Additionally, individual needs assessments for all participants will be conducted, such as risk, self-sufficiency, and substance use assessments.
Phase 2 will focus on employment readiness, offering participants comprehensive career assessments, employment navigator facilitated workshops, and work ethics training. This will prepare participants with the tools and knowledge needed to successfully secure employment.
Phase 3 will be an ‘Earn-and-Learn’ apprenticeship. Participants will have paid opportunities for onthe-job learning experiences and skills certification programs, as well as continuing wraparound support from the OVP and the sub-grantee.
The fourth and final phase will involve on-going wraparound support as the participants transition to permanent employment opportunities, as well as program success evaluation. This grant is ready to launch immediately upon City Council approval and will conclude on or before April 30, 2026.
Present Situation
The City has identified one (1) subgrantee who is well positioned to receive this significant, one-time investment:
Amelia Ann Adams Whole Life Center (AAAWLC)
Since 2015, the AAAWLC has worked to build community relationships, connect families to resources, and address the barriers to families living a resilient life. AAAWLC’s mission is to sow seeds by fostering change and healing that transforms communities, enabling families to move from surviving to thriving.
The initiatives outlined in the STAR Program align seamlessly with their youth social justice programs, which aim to foster healing through a racial equity lens. AAAWLC is steadfast in their commitment to supporting partners dedicated to community improvement and making a lasting impact on the lives of system and justice-impacted youth in the City of Stockton.
Through dedicated efforts, AAAWLC is committed to partnering with OVP and supporting 20 (twenty) STAR Program clients by implementing the following initiatives:
• Employment Readiness Workshops
• On-the-Job Learning Opportunities
• Build Employment Skills and Professional Connections
• Provide Employment Opportunities
• Case Management
• Evaluation
AAAWLC proposes a total budget of $875,900.55. This amount consists of $359,900.55 for operational expenses, and $516,000.00 that will be used to directly support STAR Program participants. Of the $516,000.00 of direct support to STAR Program participants, $416,000.00 will is budgeted for stipends payments, and $100,000.00 is budgeted for tuition to enhance career development.
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82 File #: 24-1088, Version: 1
Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, the Council may approve findings which support and justify an exception to the competitive bidding process. The following findings support such an exception:
1. This specific vendor has unparalleled expertise and deep-rooted connection within the Stockton community, particularly in serving high-risk, marginalized, and justice-involved youth.
2. The STAR program requires a vendor who not only specializes in delivering tailored workforce development services but also understands the unique challenges faced by the youth population that OVP serves.
3. This vendor has an established presence as a trusted pillar in the community, This trust is crucial, as OVP clients are often hesitant to engage with external services. This unique blend makes the Amelia Ann Adams Whole Life Center the best choice for achieving the desired outcomes for these vulnerable youth, ensuring the success of the STAR program in breaking cycles of violence and a single-available-source contract is appropriate.
Staff recommends the City Council approve the findings (Attachment A) and adopt a resolution authorizing a contract with Amelia Ann Adams Whole Life Center in the amount of $875,900,55.
FINANCIAL SUMMARY
The City and its subgrantees will pay for project related expenses in full and then submit documentation for reimbursement through the Department of Labor, Employment and Training Administration Community Projects Grant. There will be no impact to General Fund, all related costs will be supported by the grant funding. No matching funds are required for this grant.
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83 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING A SUBAGREEMENT FOR THE CONGRESSIONALLY DIRECT SPENDING GRANT IN THE AMOUNT OF $875,900.55
The City of Stockton was awarded Congressionally Directed appropriation in the amount of $1,000,000 for youth workforce development; and With the acceptance of the appropriation, the City intends to fund the new Skilled Through Alternative Routes (STAR) Program, a comprehensive youth workforce development initiative designed to address the unique challenges faced by marginalized, high-risk, and hard-to-hire youth in Stockton; and
Ameila Ann Adams Whole Life Center has been identified as a qualified partner due to their unparalleled expertise and deep-rooted connection within the Stockton community, particularly in serving high-risk, marginalized, and justice-involved youth; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Approve the following findings pursuant to Stockton Municipal Code Section
3.68.070 which support and justify an exception to the competitive bidding process:
a. This specific vendor has unparalleled expertise and deep-rooted connection within the Stockton community, particularly in serving high-risk, marginalized, and justiceinvolved youth. b. The STAR program requires a vendor who not only specializes in delivering tailored workforce development services but also understands the unique challenges faced by the youth population that OVP serves. c. This vendor has an established presence as a trusted pillar in the community, This trust is crucial, as OVP clients are often hesitant to engage with external services.
This unique blend makes the Amelia Ann Adams Whole Life Center the best choice for achieving the desired outcomes for these vulnerable youth, ensuring the success of the STAR program in breaking cycles of violence and a sole source contract is appropriate.
2. Authorize the City Manager to execute a contract for specialized services from Amelia Ann Adams Whole Life Center in the amount of $875,900.55 (Exhibit 1). //
84 3. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED 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
85 1
(Rev. 10.27.22)
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.
(g) Exhibit G - Special Funding Terms & Conditions (If applicable check box)YES ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
____________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
CITY OF STOCKTON
___________________________________________________________________________ Harry Black, City Manager Date
ATTEST:
____________________________________________________________________________ Katherine Roland, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
(d) Exhibit D –
(e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
EXHIBIT 1 86
1 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 Amelia Ann Adams World Life Changers (AAAWLC) will partner with the City of Stockton to support The Skilled Through Alternative Routes (S.T.A.R.) Program. The mission of the S.T.A.R program is to reduce systematic barriers to employment for marginalized, high-risk, and justice-involved youth, and help them become successful contributors to the community and local workforce. The program’s vision is that through personal development and economic empowerment, ganginvolved youth will no longer participate in gun and gang activities and ultimately break the cycle of violence that improves the overall community.
2. Project Scope
2.1 Amelia Ann Adams Whole Life Center (AAAWLC) is a Community Based Organization that supports system-impacted youth to build their capacity to become change agents in their community.
AAAWLC (Contractor) will provide wrap-around services and the casemanagement support to aid S.T.A.R. Program Participants (Participants) to restart their education, advance towards graduation, and pursue goals of post-secondary education, employment, and positive re-entry into the community. AAAWLC will also support the S.T.A.R program through workforce development training, and client placement in on-the-job training opportunities. AAAWLC will also serve as the payor of record for the S.T.A.R. program.
3. Specifications
3.1 Participants of the program will be between the ages 16-24 years old.
3.2 Participants will participate in the program for 12 months.
3.3 Participants will engage in program activities a minimum of 20 hours per week and receive a maximum stipend of $400 per week.
3.4 Contractor will serve as the S.T.A.R. program’s payor of record, and distribute timely stipend payments to participants, and tuition payments to technical and or trade programs for the duration of the program period.
EXHIBIT 1 87
2 (Rev. 10.30.18)
3.5 Contractor will maintain an accounting system that documents and tracks: Participant attendance, stipends payments and tuition disbursements for Participants, and Contractor program expenses.
3.6 Contractor will employ qualified staff to support Participants with Case management, building work -readiness skills, identifying career interest and finding meaningful employment opportunities.
3.7 Contractor will adopt and refine work-readiness approaches, competencies and skills identified as “best-practices”.
3.8 Contractor will coordinate support services needed to ensure that youth are set up to realize success.
3.9 Contractor will create meaningful enrichment programming to enhance the job placement success.
3.10 Contractor must follow federal guidelines on record retention, which require that all records pertaining to S.T.A.R. program activities be maintained for a period of at least three years from the program start date.
3.11 Contractor and OVP will provide six (6) months of case management to their respective clients after the grant ends.
3.12 Contractor must have a Unique Entity Identifier (UEI) and maintain its UEI number through the end of the grant period.
4. Major Deliverables
4.1. Contractor will achieve all proposed deliverables by the end of the contract term on October 31, 2025.
4.2. Contractor will assist to enroll (20) individuals, ages 16-24 in the S.T.A.R. Program
4.3. Contractor will serve as Payor of Record and provide stipends, services, and support to participants for four (12) months.
4.4. Contractor will navigate, coordinate, and provide support to Participants to achieve personal improvements in the following targeted areas:
• Academic
• Vocational
• Personal Development
EXHIBIT 1 88
3 (Rev. 10.30.18)
• Job Readiness
• Community Awareness
• Program Completion
4.5. Contractor will provide a qualitative and quantitative account of the S.T.A.R. program’s success on a quarterly basis.
• Qualitative performance measures illustrate the program’s success in addressing the statement of need in the proposed target service area, and target populations that are directly or indirectly impacted by the project.
• Quantitative performance measures are raw numbers for the number of participants that receive grant-funded services. This may include one or more, but not limited to:
• the total number of participants that receive grant-funded services.
• total number of participants that begin training
• total number of participants that complete training.
• total number of participants that earn credentials.
• total number of participants that enter employment
4.6 Contractor will collect, report, and share accurate and timely data/records on a quarterly and annual basis to report:
• Program milestones
• Recidivism
• Participants reduction of gang/gun violence
• Feedback from Participants for program improvement.
4.7 Contractor will administer pre- and post-employment assessments and surveys to all Participants to assess outcomes of the youth employment program.
4.8 Contractor will participate in S.T.A.R. programs, training, check-ins, meetings and events as requested by the City of Stockton.
4.9 Contractor will submit monthly invoices along with supporting documents to the City of Stockton’s administrative staff with an understanding that the city will submit documentation to Department of Labor monthly.
4.10 Contractor will submit invoice by the 15th of the following month with an understanding that the City of Stockton will submit submission to Department of Labor within 10 days from receipt.
EXHIBIT 1 89
4 (Rev. 10.30.18)
5. Internal and External Standards and Guidelines
5.1. Contractor is required to have a City of Stockton Business license for this for this project
5.1.1. Contractor may contact Stockton Business License Division at (209) 937-8313 for assistance.
5.2. Contractor is required to set up and maintain a vendor account with the City of Stockton throughout the term of this contract.
5.3. Contractor is required to have and maintain Insurance as outlined in the City of Stockton Insurance requirements for this for this program.
5.4. The City reserves the right to periodically audit all charges and services made by the Contractor for services provided under the contract.
5.4.1. Upon request, the Contractor agrees to furnish the City with necessary information and assistance.
6. Criteria of Acceptance for Deliverables
6.1. Deliverables will be considered acceptable if they meet the target outcomes established in the “Deliverables” section of this Scope of Work while complying with all the standards and requirements outlined in this contract.
7. Notices
7.1. Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Amelia Ann Adams Whole Life Center
6702 Inglewood Ave # K
Stockton, CA 95207 .
City: City of Stockton
Attn: City Manager
425 N. El Dorado St
Stockton, CA 95202
8. Key Personnel
8.1. Christina Peoples
[email protected]
(209) 888-7174
EXHIBIT 1 90
REV 2022-05-17
Exhibit B:
Insurance Requirements
Youth Workforce Development Program
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. : as required by the State of California, with Statutory $1,000,000 per
accident for bodily injury or disease.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
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 EXHIBIT 1 91
REV 2022-05-17
operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability (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).
officials, employees, and volunteers for all locations work is done under this contract.
For any claims related to this contract, the
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 b
contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
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. The Umbrella o
underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss primary and excess liability policies are exhausted.
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
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.
EXHIBIT 1 92
REV 2022-05-17
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Insurance is to be placed with insurers authorized to conduct business in the state with City of Stockton.
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the City of Stockton reserves the right to
require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
EXHIBIT 1 93
REV 2022-05-17
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor HR
Stockton, CA 95202
EXHIBIT 1 94
(Rev. 10.30.18; Mod 07.12.22 SG)
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, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 EXHIBIT 1 95
(Rev. 10.30.18; Mod 07.12.22 SG)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 EXHIBIT 1 96
(Rev. 10.30.18; Mod 07.12.22 SG)
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 Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 EXHIBIT 1 97
(Rev. 10.30.18; Mod 07.12.22 SG)
11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor 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 the Agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 EXHIBIT 1 98
(Rev. 10.30.18; Mod 07.12.22 SG)
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 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.
5 EXHIBIT 1 99
(Rev. 10.30.18; Mod 07.12.22 SG)
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.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 EXHIBIT 1 100
(Rev. 10.30.18; Mod 07.12.22 SG)
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.
7 EXHIBIT 1 101
1 (Rev. 07.12.22)
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 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 EXHIBIT 1 102
2 (Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s 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 EXHIBIT 1 103
3 (Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
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.
EXHIBIT 1 104
4 (Rev. 07.12.22)
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
EXHIBIT 1 105
1 (Rev. 10.30.18)
EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $875,900.55. (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
EXHIBIT 1 106
2 (Rev. 10.30.18)
1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed __0_%.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Task Price
1 Personnel $ 198,372.00
2 Fringe Benefits $ 47,609.28
3 Travel $ 804.00
4 Equipment $ 12,000.00
5 Supplies $ 43,757.00
6 Contractual $ 24,640.04
7.1 Other – Participant Stipends $ 416,000.00
7.2 Other – Participant Tuition $ 100,000.00
8 Indirect Charges $ 32,718.23
TOTAL PRICE $ 875,900.55
3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton
City Manager’s Office
Attention: Dale Applewhite
425 N. El Dorado Street
Stockton, CA 95202
EXHIBIT 1 107
City of Stockton
Legislation Text
File #: 24-1166, Version: 1
APPROVE A MOTION FOR A FEDERAL LEGISLATIVE CONSULTING AND ADVOCACY
SERVICES CONTRACT
RECOMMENDATION
It is recommended that the City Council authorize by motion, a professional services contract with Townsend Public Affairs of Washington, DC, to provide federal legislative consulting and advocacy services and represent the City of Stockton before the United States Government.
Summary
Maintaining a strong presence in Washington, D.C. is important to the City of Stockton to ensure that we receive funding, advance beneficial legislation, and prevent adverse legislation or rulemaking.
This is most effectively done through the use of consulting services to represent the City of Stockton in carrying out its legislative program and advocating its public policy positions, concerns, needs, and recommendations at the federal level.
The existing federal legislative advocacy contract will expire on December 31, 2024. In August 2024, City staff issued a Request for Proposals (RFP) for federal legislative consulting and advocacy services and conducted a competitive review and interview process with the responsive advocacy firms. The RFP process is complete, and staff recommends that Townsend Public Affairs (TPA) represent the City of Stockton in our federal legislative efforts.
DISCUSSION
Background
The City of Stockton (“City”) has contracted with a federal legislative agency for more than 20 years.
Some examples of the benefits provided through support of our federal advocates include significant infrastructure and public safety funding, reauthorization of the National Flood Insurance Program to save homeowners millions of dollars and forestall damaging stormwater and floodplain regulations, the award of an EPA Water Infrastructure Finance and Innovation Act (WIFIA) loan for $108 million, work with the US Army Corps of Engineers to expedite permitting of the Alexandria and Five Mile Slough Culvert Replacement project, and guidance on developing applications for Community Project Funding through House and Senate appropriations.
In 2012, the City adopted its first formal Federal Legislative Program. Prior to 2012, the City had not adopted formal legislative programs, and as a result, the City’s legislative priorities and the impacts of legislation were not entirely clear to our legislative delegations. Over the past decade, the Legislative Programs have provided a unified focus and served as documents that establish the principles, priorities, and positions of the City of Stockton related to federal legislative matters. Legislative City of Stockton Page 1 of 3 Printed on 11/26/2024
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Programs are reviewed on an annual basis, allowing legislative advocates to refocus efforts as needed in Washington, DC, and act strategically and timely for greater impact.
Present Situation
In 2021, the City entered into a federal legislative advocacy contract for a term of three years, after which the possibility of two negotiable one-year extensions was allowable. The three-year contract term will be completed on December 31, 2024, and the City has elected to not exercise an extension of the current contract. In August 2024, City staff issued a Request for Proposals (RFP) (#PUR 25- 009) for Federal Legislative Consulting and Advocacy Services and then conducted a competitive review and selection process of the responsive federal firms. A total of four firms responded to the federal level RFP. The RFP process is complete, and staff recommends that Townsend Public Affairs represent the City in our federal legislative efforts.
Since its inception in 1998, Townsend Public Affairs (TPA) has earned the reputation as a Champion for Better Communities by providing the experience, resources, and relationships expected from a premiere legislative advocacy and grant writing firm, while also upholding the service-oriented tenets of personalized attention, maximum accessibility and passion for their mission. TPA’s strategic approach to advocacy and funding is tailored to meet the individual needs of each client by leveraging the breadth and depth of their team, as well as its vast network of relationships with key stakeholders and decision-makers.
As a firm that specializes in both federal legislative and grant funding, TPA utilizes a team of advocates to maximize funding success by working collaboratively to monitor funding programs, communicate with federal legislators and agency representatives, and compile program guidelines to ensure clients can pursue and secure federal funding with the highest likelihood of success for their local communities. TPA understands both the source and the implementation of federal funding, allowing for a more effective approach to funding advocacy. The firm’s ability to monitor and advocate for funding from the sources, as well as to leverage its team in Washington, DC, ensures that the City’s funding goals are being considered throughout the entirety of the legislative and funding processes.
TPA proposes a dedicated team of five staff to perform federal lobbying services for the City. Federal Advocacy Director Ben Goldeen has dedicated his career to serving the people of the San Joaquin Valley, with extensive experience working on behalf of local communities from Stockton to Bakersfield. Ben has in-depth knowledge of issues impacting Stockton, including transportation, housing, and water infrastructure, and he has worked extensively with local veterans’ service providers, economic development stakeholders, and public safety officials. Senior Associate Joseph Melo brings extensive experience managing legislative and funding activity, with expertise in policy areas including energy and commerce, technology, housing, and local government governance.
Joseph helped secure several funding awards for violence reduction, youth employment, and economic development programs. Ben and Joseph will serve as Federal Legislative & Funding Advocates for the City, assisted in that role by Vice President Cori Takkinen and Senior Associate Sammy Maciel. Cori brings expertise in the public policy sectors of local governance, transportation, water resources, infrastructure, parks and recreation and economic development, along with grant writing experience. Sammy has experience managing legislative activity, including bill analysis, research, and drafting, particularly for federal funding opportunities. TPA President Christopher Townsend will serve as Senior Strategic Advisor, rounding out the team with his 42 years of City of Stockton Page 2 of 3 Printed on 11/26/2024
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demonstrated leadership and experience in public affairs, legislative advocacy and grant writing.
Clients have described Townsend Public Affairs staff as being very responsive, demonstrating consistent engagement and a well-embedded approach to representation and advocacy.
The scope of work for the contract (Attachment A) includes advising the City in the annual development of a comprehensive federal legislative platform and a recommended government relations strategy, outlining the City’s top legislative program priorities, objectives and strategies, and then executing that program. Our advocates will monitor and review legislation and executive protocols under consideration, maintain an overview of legislative and executive agency activities, and provide regular reports and communication on key issues. Our TPA advocates will represent the City in Washington, DC, maintain a positive working relationship with the City’s delegations and facilitate communication with legislative, executive and other governmental officials, for the purpose of influencing legislative or administrative action. The TPA team will also coordinate and execute the City’s federal funding strategy by identifying funding activities and opportunities of significance to the City, such as capital improvement projects, advise and assist the City in the preparation of federal appropriations and community project funding requests, monitor and maintain an overview of legislative and executive agency activities impacting the City’s funding needs, and facilitate meetings with legislative committees and granting agencies.
The term for the federal advocacy contract is a three-year period, with the allowance of two additional one-year extensions. The contract has been established at an all-inclusive annual rate of $78,000, or $234,000 for the initial three-year term. This rate is consistent with the annual rate for currently contracted federal advocacy services.
Continued legislative advocacy is particularly important, given the changing landscape of both federal and state governments. The expertise and experience provided by Townsend Public Affairs will allow the City to create an even stronger presence in Washington, DC and pursue initiatives critical to Stockton. The firm will provide the City of Stockton with timely information, solid political networks, knowledge of key agency programs and staff, and familiarity with current issues. TPA will also provide inroads to funding opportunities and an understanding of how to best design and leverage projects for successful funding.
FINANCIAL SUMMARY
There are sufficient funds for the initial six months of this calendar year contract in the General Fund Non-Departmental Special Services Account for FY 24/25. Consistent with past practice, additional funds for remaining years of the contract will be allocated in proposed budgets of successive years.
Attachment A - Townsend Public Affairs Agreement
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CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and Townsend Public Affairs (“Contractor”) to provide Federal Legislative Consulting and Advocacy Services as set forth in Exhibit A to this Agreement.
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Upon contract execution Terminates on: December 31, 2027
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.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
(d) Exhibit D – Professional Services Special Terms & Conditions (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
(g) Exhibit G - Special Funding Terms & Conditions ARPA (If applicable check box)YES IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
TOWNSEND PUBLIC AFFAIRS
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
Authorized Signature Date
CHRISTOPHER TOWNSEND, PRESIDENT
Printed Name and Title of Person Signing
1401 Dove Street, Ste. 430, Newport Beach, CA 92660
Address
CITY OF STOCKTON
Harry Black, City Manager Date
ATTEST:
Katherine Roland, CMC, CPMC, Interim City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 10.27.22)
234,000.00
Agreement Number:
11/20/2024
ATTACHMENT A 111
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
Contractor shall represent the City of Stockton (“City”) in Washington, D.C. in providing Federal Legislative Consulting and Advocacy Services.
2. Project Scope
2.1 Contractor will conduct a detailed orientation to help develop a strategic plan.
2.2 Contractor will coordinate with the City to develop a legislative strategy.
2.3 Contractor will implement for the City’s legislative agenda and advocate by utilizing methods as further detailed in Section 3 - Major Deliverables.
2.4 Contractor will provide timely progress reports to the City.
3. Major Deliverables
3.1 Detailed Orientation
3.1.1 Contractor will utilize comprehensive onboarding process that includes extensive meetings with various relevant members of City leadership and key City departments to help develop a strategic plan that is carefully tailored to City needs and designed for maximum success in the political climate and funding environment in Washington, DC.
3.2 Legislative Strategy
3.2.1 Contractor will utilize information gathered during onboarding process in coordination with the City to develop an official legislative platform and strategy that represents the City’s priorities in Washington, DC.
3.2.2 Contractor will share developed blueprint with key stakeholders in Congress and the federal administration.
ATTACHMENT A 112
3.3 Strategy Implementation
3.3.1 Relationship Building: Contractor will build and strengthen relevant relationships with federal legislators and agency officials that will be leveraged to promote the City’s legislative agenda.
Contractor will ensure that the City is highly engaged in Washington, DC and its priorities are being consistently conveyed to top decision-makers.
3.3.2 Relationship Leveraging: Contractor will leverage its network of key federal relationships for Strategic Advocacy Plan, as additionally detailed in Exhibit A - Tasks that Support the Deliverables.
3.3.3 Advocacy Trip Coordination: Contractor will work with the City to coordinate advocacy trips to meet with the City’s legislative delegation, key agency leads, and legislators who serve on committees relevant to the City’s agenda, as additionally detailed in Exhibit A - Tasks that Support the Deliverables.
3.3.4 Legislation Tracking: Contractor will identify, analyze, and monitor all bill introductions and amendments relevant to the City’s legislative platform and assess their potential impact on the City.
Contractor will strategize with the City to ensure that client takes advantage of all legislative opportunities and is protected from harmful legislative changes.
3.3.5 Rulemaking Process Engagement: Contractor will
coordinate with the City to engage during the federal rulemaking process to ensure the City’s legislative agenda is being promoted and protected in Washington, DC, as additionally detailed in Exhibit A - Tasks that Support the Deliverables.
3.3.6 Federal Earmarks: Contractor will work with the City to identify projects and other funding priorities that may be suitable for Community Project Funding (“federal earmarks”). Contractor will coordinate with the City to develop supporting materials for the earmark request(s) and work with members of the City’s federal legislative delegation to gain support for the inclusion of the City’s project(s).
3.3.7 Congressional Testimony: As necessary, Contractor will assist City staff in the crafting and preparation of congressional testimony, and will provide guidance during the testimony process to protect and promote the City’s agenda.
ATTACHMENT A 113
3.4 Progress Reports
3.4.1 Contractor will confer regularly with the City on activities, and will provide electronic reports on the status of all legislative activity, such as bill language, amendments and committee analyses.
Contractor will be available to the City for regularly scheduled conference calls, as well as in-person briefings and meetings.
3.5 Lobbying Disclosure Reports
3.5.1 Contractor will prepare and file, on behalf of the City, all applicable federal lobbying disclosure reports.
4. Tasks That Support the Deliverables
In alignment with Major Deliverables as described in Section 3, Contractor will provide these additional tasks that support the Deliverables:
4.3.2 Relationship Leveraging
4.3.2.1 Schedule meetings for the City to discuss relevant legislation.
4.3.2.2 Prepare all briefing materials and talking points for the City.
4.3.2.3 Brief legislative offices and stakeholders on the City’s legislative agenda.
4.3.2.4 Follow up on meetings to ensure commitments and deliverables are being met.
4.3.3 Advocacy Trip Coordination
Contractor will handle all details of advocacy trips to Washington, DC including, but not limited to:
4.3.3.1 Planning and scheduling of meetings
4.3.3.2 Providing logistical support, including airport pickups, hotel pickups, travel to and from meetings.
4.3.3.3 Providing access to a private office within walking distance to Capitol Hill and with immediate access to the Metro.
ATTACHMENT A 114
4.3.3.4 Coordinating all meal reservations, including
scheduling with key members to attend.
4.3.3.5 Access to the National Democratic Club and the
Capitol Hill Club (National Republican Club of Capitol Hill)
4.3.3.6 Organizing any additional activities of interest (White House tour, CIP Capitol Tour, African American Museum
tickets, etc.)
Furthermore, whenever possible, Contractor will also
schedule site visits by legislators to the City.
4.3.5 Rulemaking Process Engagement
4.3.5.1 Engagement activities will include crafting and publishing public comments; and contacting legislators to convey either support or opposition to the proposed rule.
5. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Townsend Public Affairs City: City of Stockton Attn: Christopher Townsend Attn: City Manager
1401 Dove Street, Suite 430 425 N. El Dorado Street
Newport Beach, CA 92660 Stockton, CA 95202
6. Key Personnel
Ben Goldeen (202) 546-8696 [email protected]
Joseph Mello (202) 546-8696 [email protected]
7. Option to Renew
The term of the Agreement is three years and may be extended up to two (2) 1- year renewals based on a written amendment executed by both parties.
However, the total term of the Agreement including the extended term shall not exceed 5 years.
ATTACHMENT A 115
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Exhibit B:
Insurance Requirements for 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 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 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification of no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
ATTACHMENT A 116
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Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be in excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this ATTACHMENT A 117
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provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5 ) years after completion of the contract of work .
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form w ith 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.
ATTACHMENT A 118
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Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least five (5 ) years after completion of the contract of work .
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT A 119
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.
4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
ATTACHMENT A 120
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's ATTACHMENT A 121
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 Subcontractor’s personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor with an electronic copy sent by email to the Key Personnel. 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.
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11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor 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 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.
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17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this 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 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.
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24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. 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.
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.
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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its 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.
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EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other ATTACHMENT A 127
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 128
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 with 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.
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8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
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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 Two Hundred Thirty Four Thousand Dollars and No Cents ($234,000.00), hereafter the “not to exceed” amount. The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City-approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
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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.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Task Price
1 All-Inclusive Monthly Retainer – YEAR 1
$6,500 per month x 12 = $78,000
$78,000
2 All-Inclusive Monthly Retainer – YEAR 2
$6,500 per month x 12 = $78,000
$78,000
3 All-Inclusive Monthly Retainer – YEAR 3
$6,500 per month x 12 = $78,000
$78,000
TOTAL PRICE $234,000
3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton, City Manager’s Office
Attention: Alex Bailey, Program Manager III
425 N. El Dorado Street
Stockton, CA 95202
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EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as follows:
1.1 TIMELINE FOR COMPLETION OF WORK
1.1.1 Conduct Detailed Orientation Upon Contract Execution
1.1.2 Develop Legislative Strategy Contract Start / Annually
1.1.3 Implement Legislative Strategy Ongoing
1.1.4 Build/Strengthen Relevant Relationships Ongoing
1.1.5 Leverage Relationships for Strategic Ongoing
Advocacy Plan
1.1.6 Coordinate Advocacy Trips Annually / As Needed
1.1.7 Track Legislation Ongoing
1.1.8 Federal Earmark Opportunities Annually
1.1.9 Engage in Rulemaking Process Ongoing / As Needed
1.1.10 Prepare and Provide Guidance Ongoing / As Needed for Congressional Testimony
1.1.11 Provide Progress Reports Weekly/Monthly
1.1.12 Prepare and File Lobbying As Needed
Disclosure Reports
ATTACHMENT A 133
City of Stockton
Legislation Text
File #: 24-1167, Version: 1
APPROVE AGREEMENT WITH HAGGERTY CONSTRUCTION, INC TO COMPLETE MLBREQUIRED RENOVATIONS AT BANNER ISLAND BALLPARK
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE21-24 under the California Environmental Quality Act (CEQA) for the Renovation of the Ballpark System at Banner Island Ballpark, Project No.
EV23607 (Exhibit 1).
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. Authorize a budget amendment to appropriate $1,500,000 from the Venues Fund balance to CIP Project No EV23607 for the Banner Island Ballpark Renovation Project.
4. Authorize a budget amendment to transfer and appropriate $2,500,000 from the General Fund balance to CIP Project EV23607.
5. Reallocate and appropriate an additional $100,000 in American Rescue Plan Act (ARPA) funds from Business Attraction and Expansion ARPA Project #EARP207 to CIP Project No.
EV2307 for the Banner Island Ballpark Renovation Project.
6. Approve a Standard Agreement in the amount of $6,100,000 to Haggerty Construction, INC. for the Banner Island Ballpark Renovation, Project No. EV23607 (Exhibit 2).
7. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
The City is in a 25-year lease with the Stockton Ports Baseball Team (Attachment A) to provide a professional quality baseball facility for the team to play, practice and host home league games. The Ports are affiliated with MLNB+ as a development team playing in the Single A Division. At the onset of the current lease, Banner Island Ballpark (Ballpark) was constructed in 2005. Except for the scoreboard replacement, some technology upgrades, storm repairs and on-going maintenance, the Ballpark has not seen an upgrade since it was constructed. Major League Baseball (MLB) performed a facility audit of the Ballpark in 2022 and found multiple areas that did not meet their new standards.
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lighting, and other team space needs. To meet these new standards, the City contracted with Pendulum Studio, INC. (Pendulum) to create conceptual and construction plans.
Following two unsuccessful solicitations for a contractor to provide construction services to perform the needed renovation, the City reached an agreement with Haggerty Construction, INC. to complete the needed work. MLB has set a goal of having all minor-league ballparks meet the new standards by the beginning of the 2024-25 season. Stockton has been granted a one-year extension, but must show commitment and steady accomplishment to remain in good standing with MLB. With the approval of the construction agreement, phasing and construction will begin immediately. The Ballpark will be completed in phases to avoid interruption to the Ports’ regular season, which begins in late March. The expected timeline for full project completion will extend eighteen months.
DISCUSSION
Background
The City entered a 25-year lease with Seventh Inning Stretch, INC., owner of the Stockton Ports, to provide a baseball facility that meets the standards of MLB. Failure to meet MLB standards could cause the team to lose their accreditation with MLB, potentially jeopardizing the team and subjecting the City to financial repercussions. Once being informed of the MLB facility audit and areas of concern, the City has worked diligently with the Ports organization to assess the needs and forge a path to compliance. Pendulum, the architect hired to complete renovation plans, began with a conceptual design of the project that reuses existing space as possible to minimize the need for new build. The project has been scrutinized for the best, most financially responsible means of raising the Ballpark to MLB standards.
Present Situation
On March 28, 20204 the City issued PUR-24-028 for a contractor to provide comprehensive construction services for the renovation project. No bids responded by closing of PUR-24-028 on May 23, 2024. Contractors who had been present during the mandatory job walk were surveyed as to why they had not submitted a bid. The most common concern raised by the contractors was the City’s requirements set forth in the Community Workforce Training Agreement (CWTA). Concern for this project and the time constraints enforced by MLB led the City to discuss this project during CWTA renewal negotiations. On August 17, 2024, Council approved an amendment extending the CWTA for an additional five years and excluded the Banner Island Ballpark Project from the terms of the agreement if no bids were received after it was re-advertised and bid a second time. On September 12, 2024, PUR 25-004 was issued to again solicit bids for Banner Island Ballpark. Once again, no bids were received. Thus, the CWTA does not apply to this project.
The City reached out to Haggerty Construction, INC. (Haggerty), a local company located in Stockton that had experience completing repairs at the Ballpark after storm damage. The City negotiated a contract with Haggerty for the needed construction services. The cost submittal was scrutinized against the architect’s estimated project cost and adjustments were made to arrive at the current contract amount, which is within the anticipated project budget.
Pursuant to Stockton Municipal Code (SMC) 3.68.070 Council may approve findings which support an exception to the competitive bidding process. The findings are as follows:
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1. The City does not have sufficient staff available to undertake this project.
2. The City negotiated a contract following two advertising of bids and no valid bids were received in accordance with SMC section 3.68.070.A.6.
The Local Employment Ordinance (Stockton Municipal Code, Section 3.68.095) and the Local Preference Ordinance (Stockton Municipal Code, Section 3.68.090) were both applied to the bidding process. However, neither were a factor in this selection, as no bids were received through two formal bid advertisements.
ENVIRONMENTAL CLEARANCE
The project conforms with the City’s General Plan, pursuant to California Government Code section 65402. The project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA), as specified under California Code of Regulations section 15301, since it involves an existing facility and the modifications to the existing facility will involve negligible or no expansion of use. The renovation of the Ballpark will continue to support one ballpark as was originally designed.
FINANCIAL SUMMARY
Funding to support the agreement with Haggerty will include: $2.0 million from ARPA funding allocated through Resolution No. 2024-10-30-0301, $2.5 million of General Fund balance, $1.5 million from Venues Fund balance, and an additional $100K of ARPA funding from ARPA Project #EARP207. Funds will be budgeted in the Banner Island Ballpark Renovation CIP Project #EV23607.
Attachment A - Ports License Agreement
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Resolution No.
STOCKTON CITY COUNCIL
AWARD AN AGREEMENT WITH HAGGERTY CONSTRUCTION, INC FOR THE
RENOVATION OF BANNER ISLAND BALLPARK
The City is in a 25-year lease with the Stockton Ports Baseball Team (Ports) to provide a professional quality baseball facility for the team to play, practice and host home league games at Banner Island Ballpark (Ballpark); and
The Ports are affiliated with Major League Baseball (MLB) as a development team playing in the Single A Division; and
MLB performed a facility audit of the Ballpark in 2022 and found multiple areas that did not meet their new standards. Most notably, the Ballpark did not meet standards in the following areas: lack of female umpire/staff locker room facilities, independent team commissary spaces, larger pitching/batting tunnel, field lighting, and other team space needs; and To meet these new standards, the City contracted with Pendulum Studio, LLC to create conceptual and construction plans; and
On March 28, 20204 the City issued PUR-24-028 for a contractor to provide comprehensive construction services for the renovation project. No bids responded to PUR-24-028 by closing on May 23, 2024. On September 12, 2024, PUR 25-004 was issued to again solicit bids for Banner Island Ballpark. Once again, no bids were received; and Having received no bids, the City reached out to Haggerty Construction, Inc. (Haggerty), a local company located in Stockton that had experience completing repairs at the Ballpark after storm damage. The City negotiated a contract with Haggerty for the needed construction services; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Approve Notice of Exemption No. NOE21-24 under the California Environmental Quality Act (CEQA) for the Renovation of the Ballpark System at the Banner Island Ballpark, Project No. EV23607, attached as Exhibit 1, incorporated by reference.
2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
3. Authorize a budget amendment to appropriate $1,500,000 from the Venues Fund balance to CIP Project No. EV23607 for the Banner Island Ballpark Renovation Project.
216
4. Authorize a budget amendment to transfer and appropriate $2,500,000 from the General Fund balance to CIP Project EV23607.
5. Reallocate and appropriate an additional $100,000 in American Rescue Plan Act (ARPA) funds from the Business Attraction and Expansion ARPA Project #EARP207 to CIP Project No. EV23607 for the Banner Island Ballpark Renovation Project.
6. Approve a Standard Agreement in the amount of $6,100,000 to Haggerty Construction, Inc. for the Banner Island Ballpark Renovation, Project No. EV23607 attached as Exhibit 2, incorporated by reference.
5. Authorize the City Manager 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
217
MEMORANDUM
May 21, 2024
TO: Tina McCarty, Managing Director of Events & Parking Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJECT: CEQA NOE 21-24 – BANNER ISLAND BALLPARK RENOVATION - PROJECT NO. EV23607
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 will perform required improvements needed to meet newly implemented Minor League Baseball facility standards for the Stockton Ports Single A Baseball team. See Attachment A for more information.
In accordance with Government Code §65402, the Community Development Department determines the project is in conformance with the Stockton General Plan. This determination is based on, but not limited to, conformance with General Plan Policy, LU-6.3 (Land Use) stating, “Ensure that all neighborhoods have access to well-maintained public facilities and utilities that meet community service needs.”
Concerning the California Environmental Quality Act (CEQA) determination, the Community Development Department concludes the project is Categorically Exempt under CEQA Guidelines and is granted a ‘categorical exemption’ under Section 15301 since it involves an existing facility and the modifications to the existing facility will involve negligible or no expansion of the use. 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 1 218
EXHIBIT 1 219
EXHIBIT 1 220
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: BANNER ISLAND BALLPARK RENOVATION - PROJECT NO. EV23607 CEQA Exemption File No.: NOE 21-24
Applicant: City of Stockton
Project Description/Location: The City of Stockton’s Economic Development Department will perform required improvements needed to meet newly implemented Minor League Baseball facility standards for the Stockton Ports Single A Baseball team. See Attachment A for more information.
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).
X The project is "Statutorily Exempt" per CEQA Guidelines Section: 15301.
The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
CARRIE WRIGHT, DIRECTOR May 21, 2024
ECONOMIC DEVELOPENT DEPARTMENT (DATE OF PREPARATION)
By
Tina McCarty, Managing Director of Events & Parking (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 1 221
CONSTRUCTION CONTRACT
This contract is made and entered into on _____________ , by and between Haggerty Construction, Inc. , a STATE OF CA (TYPE), with a business address at (2474 Wigwam Dr., Stockton CA 95205, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W I T N E S S E T H:
WHEREAS, plans and specifications for the construction of BANNER ISLAND BALLPARK RENOVATION, PROJECT NO. PUR 25-004,
hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. __________________, on _________________; and
WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. __________________, on ________________.
NOW, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SCOPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications as specified in EXHIBIT A. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools, and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Economic Development Department of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $6,100,000.00 or as otherwise mutually agreed to in a Contract Change Order.
3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7-1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.
Banner Island Ballpark Renovation – PROJECT NO. PUR 25-004 (Updated 10/18/23)
EXHIBIT 21 222
It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the Additional Insured.
Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured; whichever is greater.
The Additional Insured coverage under the Contractor’s policy shall be “primary and noncontributory” and will not seek contribution from the City of Stockton’s insurance or selfinsurance and shall be at least as broad as CG 20 01 04 13.
The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess Insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or Agreement) before the City of Stockton’s own insurance or selfinsurance shall be called upon to protect it as a named insured.
All self-insured retentions (SIR) must be disclosed to Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City of Stockton.
The City of Stockton reserves the right to obtain a full certified copy of any Insurance policy and endorsements.
Failure to exercise this right shall not constitute a waiver of right to exercise later.
Contractor shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this Agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
Contractor agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.
Subcontractors hired by Contractor agree to be bound to Contractor and the City of Stockton in the same manner and to the same extent as Contractor is bound to the City of Stockton under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the City of Stockton Contract EXHIBIT 22 223
Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General Contractor shall require all sub-contractors to provide a valid certificate of insurance and the required endorsements included in the Agreement prior to commencement of any work and contractor will provide proof of compliance to the City.
4. INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5. STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-
1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
6. WORKING DAYS. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of ONE THOUSAND DOLLARS ($1,000) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, CITY shall have the right to increase the number of days or not, as may seem best to serve Banner Island Ballpark Renovation – PROJECT NO. PUR 25-004 (Updated 10/18/23)
EXHIBIT 23 224
the interest of CITY, and if CITY decides to increase the said number of days, CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director, inability to get materials ordered by CONTRACTOR or Subcontractor due to such causes provided that CONTRACTOR shall notify the Director in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
If CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director or of CITY, not contemplated by the contract, the time of completion shall be extended proportionately and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7. CONFORMANCE TO APPLICABLE LAWS
A. TITLE VI
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 of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
B. DISCRIMINATION AND HARASSMENT POLICY
The City of Stockton has a Discrimination and Harassment Policy (Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination EXHIBIT 24 225
and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
C. LABOR STANDARDS AND PROVISIONS/CALIFORNIA LABOR CODE The bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
D. PREVAILING WAGE
CONTRACTOR and any Subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each Subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each Subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
(i) The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.p df. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work. (ii) Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to EXHIBIT 25 226
CITY the sum of TWENTY-FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any Subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
(iii) The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Economic Development Department, Attention Project Manager. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors.
Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
(iv) The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
E. APPENDIX E OF THE TITLE VI ASSURANCES
During the performance of this contract, the contractor, for itself, its assignees, and successors in interest agrees to comply with the Appendix E of the Title VI Assurances attached as Exhibit E.
F. SANCTIONS
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.
CITY agrees:
8. COMPENSATION. To pay CONTRACTOR for the work herein
contemplated in the following manner: Progress payments will be made on or about the first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon EXHIBIT 26 227
the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefore; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion.
9. SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit.
CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10. CHANGE ORDERS. CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
Any such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order will not become effective until approved by the City Manager and/or the City Council.
Processing of change orders shall be in accordance with Section 4-1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-2013, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4-1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11. AUDITS
(a) CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
(b) CONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract.
CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be EXHIBIT 27 228
relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of five (5) years after final payment under the contract.
12. FHWA 1273 AND CARGO PREFERENCE ACT
Federal form FHWA 1273 is physically included in this contract as Exhibit E.
In compliance with the Cargo Preference Act of 1954 (CPA), 46 CFR §381, and the implementing regulations in 46 CFR §381.7, the Contractor agrees:
13. EXHIBITS. All Exhibits are incorporated herein.
Exhibit A - Scope of Work
Exhibit B - Contractor's Bid Schedule
Exhibit C - Insurance Requirements
Exhibit D - Discrimination/Harassment Policy
Exhibit E - Appendix E of Title VI Assurances
Exhibit F - Federal Aid Funding Requirements
Exhibit G - Land Covenant
Exhibit H - Soil Remedial Plan
Exhibit I - ARPA Funding Requirements
Exhibit J - Faithful Performance Bond
Exhibit K - Labor and Material Bond
14. TERM. The contract term will be three years. Contract maybe extended by mutual agreement by both parties, in writing through an amendment to this contract.
15. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
Banner Island Ballpark Renovation – PROJECT NO. PUR 25-004 (Updated 10/18/23)
EXHIBIT 28 229
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST:
KATHERINE ROLAND, CMC, CPMC
CITY CLERK
By:
By: HARRY BLACK
CITY MANAGER
APPROVED AS TO FORM & CONTENT:
LORI M. ASUNCION
OFFICE OF THE CITY ATTORNEY
By:
(CONTRACTOR NAME)
By:
DEPUTY CITY ATTORNEY
Tax Identification No.
EXHIBIT 29 230
BANNER ISLAND BALLPARK MLB RENOVATION PROJECT
SCOPE OF WORK
General contractor will renovate and construct needed improvements to the Banner Island Ball Park to meet MLB required standards, per construction drawings. The primary purpose of the proposed modifications to Banner Island Ballpark located in Stockton, CA is to ensure the facility complies with Major League Baseball (MLB) Player Development License (PDL) Requirements.
In 2022 MLB conducted a facility audit and report documenting facility non-compliance items. Conceptual plans and construction drawings have been designed by Pendulum Studio, LLC (Kansas City, MO) to resolve all identified deficiencies. Schematic Design drawings outlining proposed facility modifications were submitted to MLB by the Stockton Ports on behalf of the City of Stockton in early 2023. The documents were reviewed and approved by MLB’s designated review agency (Ewing Cole) to be in compliance with MLB requirements. The approach of the plan is to modify and re-use space and equipment where practical to complete the improvements with a cost and time-sensitive method.
The improvements have been approved by MLB to be completed or largely completed by the beginning of the 2025/26 season, commencing in March 2026.
The documented scope of the project is as follows:
1. Existing Batting/Pitching Tunnel
• The existing batting/pitching tunnel located on the grade level/main concourse level along the first base line was identified as NOT being in compliance with MLB standards which requires two (2) lanes with dimensions of no less than 15’-0” feet wide by 75’-0” feet, with an additional perimeter width of at least 2’-0” feet on all sides. The required clear height of the batting tunnel is required to be 12’-0” feet which includes any potential sag of the overhead netting system. The existing batting tunnel is too low by approximately 2’-0” feet.
• The proposed solution is to repurpose the existing open air batting tunnel for use as a shared weight room facility (MLB requires a minimum of 750 SF of enclosed and conditioned space easily accessible by the home and visiting team). • The existing netting and lighting fixtures shall be removed. The interior space in its entirety shall be enclosed and conditioned by filling any openings to the main concourse with storefront glazing or exterior grade stucco. A new rooftop mechanical unit shall be added above the space.
• The enclosed square footage area in excess of 750 SF shall be used as a new hospitality space equipped with new plumbing, lighting, and interior finishes.
EXHIBIT 210 231
2. New Batting/Pitching Enclosure
• A new 3,500 SF batting/Pitching has been located in a portion of the existing surface parking lot as a standalone building for use by the home and visiting team. The new building shall match the overall aesthetic of the existing facility and shall comply with the MLB interior spatial requirements.
• In addition to the batting/pitching lanes the required 200 SF minimum secure MLB storage room shall be housed in this new building.
3. Female Staff Locker Addition
• Although temporary measures were taken for the 2023 season to repurpose an existing public restroom for use as female staff accommodations, the fix will not comply long-term. MLB requires a minimum accommodation of two (2) showers, two (2) lavatories, two (2) water closets, and four (4) lockers for female staff use. The existing facility trash compactor shall be relocated from its existing position directly adjacent to the visitor locker room and instead placed adjacent to the new batting/pitching enclosure. This move will allow more efficient and serviceable access for garbage removal from the site through a new gate system from the slightly reconfigured surface parking lot.
• The prior trash compactor location shall be the site of a new building enclosure with the required number of fixtures for the MLB required female staff lockers.
4. Visiting Team Locker Room Program Additions
• The existing visiting team locker room does NOT comply with the MLB required locker count. It also does NOT have a MLB compliant commissary area (service kitchen) to accommodate food service for the visiting team. • The visiting team locker room shall be expanded to accept eight (8) additional lockers as well as a new enclosed commissary area that includes the following MLB required amenities:
• Hot and cold water sink
• Microwave
• Dishwasher
• Upper and lower storage cabinets
• Refrigerator/Freezer
• Seating for a minimum of eight (8) individuals
• The aforementioned locker additions shall consist of repurposed lockers from the existing home team locker room. (The design intent for this project is to maximize cost efficiency by reusing as many existing furniture components as possible) • One (1) additional MLB required whirlpool shall be added to the existing visiting team training room
• A private Visiting Team Manager’s office shall be added to the locker room space equipped with a desk and two (2) lockers per MLB requirements. • Interior finishes shall be patched and repaired as needed. At all areas that include new scope, finishes matching existing conditions shall be provided.
EXHIBIT 211 232
5. Home Team Locker Room Program Additions
• The existing home team lockers shall receive a total refresh bringing the facility up to par with comparable markets and transforming the space into a first rate but efficient and comfortable space for the home team.
• All existing home team lockers shall be removed but preserved and shall be repurposed in other areas that require lockers such as the listing team lockers, new female staff locker room and visiting coach/manager locker rooms. • The home team player, coaches, and manager locker rooms shall receive all new lockers
• Per MLB requirements a new manager’s office shall be constructed (currently does not exist).
• The existing home team weight room (currently not sharable with then visiting team and too small) shall be repurposed for use as the MLB required home team commissary and shall include the following MLB required amenities:
• A hot and cold water sink
• Microwave
• Dishwasher
• Upper and lower storage cabinets
• Refrigerator/Freezer
• Seating for a minimum of eight (8) individuals
• The existing laundry area shall be upgraded to include the following MLB required appliances:
• Two (2) 50 lb commercial washers
• One (1) 70 lb commercial dryer
• All existing floor, ceiling, and base finishes shall be refreshed.
6. Temporary Female Staff Accommodations
• The temporary female staff accommodations made for the 2023 season shall be kept in tact and used as a dedicated locker room for female umpires per MLB requirements.
• Interior finishes shall be refreshed so that the space feels permeant versus temporary.
7. Secure Player Parking
• The existing player parking adjacent to the public parking lot is not marked and is not totally secure in line with MLB requirements.
• New 8’-0” feet tall secure line fencing and a code accessible gate shall be added and 35 parking spaces shall be striped for secure player use.
8. Batter’s Eye Extension
• MLB requires the batter’s eye screen at dead center field to be 36’-0” feet tall by 60’- 0” feet wide minimum. Currently the batter’s eye screen is short by approximately 7’- 0” vertically.
EXHIBIT 212 233
• A screen extension has been documented and shall be installed to bring the facility in compliance.
9. Seating Bowl Reseat
• The original stadium seating manufacturer (American Seating) is no longer in business and therefore the existing seating stock is not serviceable by means of replacement parts and stock. Many of the existing seats are broken and in some cases present the potential of injury to patrons due to broken backs and seat pans. • All seating in the seating bowl shall be replaced and shall maintain the existing seating count one for one.
10. Field Lighting Upgrade
• MLB requires all facilities to upgrade to LED lighting with a minimum lighting level of 110 foot candles (fc) in the infield and 70 foot candles (fc) in the outfield. The current field lighting system is NOT in compliance.
• MUSCO lighting is providing an updated photometric analysis of the ballpark and a bid to bring the lighting system into full MLB compliance.
11. Existing Steel Member Repaint
• The existing structure is showing its age with an abundance of fading and peeling paint. This is likely due to the original specification of an inferior high performance coating specification.
• The documents currently call for a complete repainting of all exposed steel elements which will substantially improve the overall look and feel of the facility.
EXHIBIT 213 234
11/18/2024
Mrs. Tina McCarty
MLB Submission Revisions
Dear Tina,
We are writing to provide an update on the revisions to the previously submitted documents for MLB review and approval. These updates are being issued due to newly provided property line information from the City of Stockton following the initial review.
While most of the previously submitted information remains unchanged, the updated property line data has significantly impacted the following areas:
1. Batting/Pitching Tunnel Building Relocation
• The enclosed and conditioned batting/pitching tunnel building has been shifted approximately 60’-0” north to ensure it remains on land controlled by the City of Stockton. Originally, the building was directly adjacent to the new female staff locker room. Detail 01 on sheet MLB1 (attached) illustrates this adjustment
2. Plan West Boundary Adjustment
• The plan west boundary of the building has also been adjusted for the same property line considerations.
• Visiting Team Locker Room:
The existing scope of the visiting team locker room remains unchanged. Dashed lines in Detail 01 on sheet MLB1 outline the overall locker room area per our model. The total area is 801.25 SF, measured to the perimeter walls as defined by the MLB PDL document. While this area is less than the required 1000 SF, it reflects the best possible solution given the updated site constraints. • Visitor Commissary Addition:
A new enclosed and conditioned visitor commissary has been added to the building’s exterior, meeting the minimum area requirements specified in the MLB PDL. The floor plan includes all furniture placements to illustrate compliance. • Female Staff Locker Room Addition:
A new enclosed and conditioned female staff locker room has also been added to the building’s exterior, meeting MLB PDL minimum area requirements. Furniture layouts are included in the floor plan for clarity.
• Architectural Elevations and Building Section:
Architectural elevations of casework in both the visitor and home commissaries have been provided to demonstrate compliance with MLB PDL standards.
Additionally, a building section through the batting/pitching tunnel is included for reference.
• Shared Weight Room Facility:
A portion of the existing batting/pitching tunnel will be repurposed as a shared weight room facility. Documentation has been provided to confirm compliance with MLB PDL requirements.
Pendulum : 1512 Holmes Street : Kansas City, MO 64108 : T : 816 335-3030 : F : 816 335-3040
EXHIBIT A
EXHIBIT 214 235
This summary outlines all modifications to the previously submitted documents reviewed and approved by MLB. In addition to this letter we have attached the previously submitted project narrative that outlines the original scope of work for the project - all work described therein remains the same. This letter outlines only the items impacted by the property line update.
Please feel free to reach out with any questions or for further clarification.
Sincerely,
Jonathan O’Neil Cole AIA, NCARB, NOMA
Principal
Pendulum
Pendulum : 1512 Holmes Street : Kansas City, MO 64108 : T : 816 335-3030 : F : 816 335-3040
EXHIBIT A
EXHIBIT 215 236
Page1 Initials:___
209 475 9898 haggertybuilds.com 2474 Wigwam Dr. Stockton, CA 95205 A Division of Haggerty Construction, INC. Lic. 944274
Monday, November 11, 2024
Construction Budget Proposal
Project #: 24038
Project Name: Banner Island Ballpark Renovation
Site Address: 404 W. Fremont St. Stockton, CA. 95203
Client: City of Stockton-Economic Development Department, Tina McCarty Builder: Haggerty Construction, Inc.
The following is a Construction Proposal for work specific to the above listed project number and/or site address.
Section 1 – Scope of Work
The following costs include labor, equipment and materials to renovate and construct the needed improvements to the Banner Island Ballpark per drawings by Pendulum Studio, LLC. dated 03/06/2024, specifications dated 03/05/2024, and associated documents Exhibits 1-9 provided to Haggerty Construction. This proposal is based upon Prevailing Wage rates.
Section 2 – Inclusions
Staking – Construction staking for rough grade, finish grade, building pad envelope, building grid lines, and trash enclosure. Includes building pad certification.
Hazardous Materials Testing – Testing of existing surfaces to be demolished for lead and asbestos. A full report to be provided after testing. Soils testing per the description outlined in the Land Use Covenant.
Demolition – All demolition of existing walls, ceilings, fixtures and finishes as detailed in drawings, including saw cutting of asphalt and concrete where required for new construction. Includes off-haul of all construction related debris, including removal and disposal of existing stadium bowl seating.
Structural & Site Concrete – Building foundations per plan. Includes all excavating, sand, rebar, and fill needed per structural drawings. Includes footings for CMU walls and foundations for trash enclosure and soil retention walls. Includes all caulking and backer materials for concrete control joints per industry standard.
Masonry – Furnish & install of CMU block walls for new Pitching/Batting Tunnel, Visitor’s Locker Room Addition, and Trash Enclosure. Low CMU walls to have a precast top, and dimensional popout at exterior walls. Infill of existing CMU walls where needed.
Steel Framing – Fabricate, erect, and install steel columns for building, structural roof framing, posts and gates for Trash Enclosure, and bolt-together steel for Batter’s Eye. Includes 18-gauge metal decking for roof and joists supporting roof framing.
EXHIBIT B - CONTRACTOR'S BID SCHEDULE
EXHIBIT 216 237
Page2 Initials:___
209 475 9898 haggertybuilds.com 2474 Wigwam Dr. Stockton, CA 95205 A Division of Haggerty Construction, INC. Lic. 944274
Building Insulation – Furnish and install fiberglass batt insulation in walls and ceilings as depicted on the plans
Casework & Countertops – Fabricate and install all P-Lam Cabinets, wood veneered lockers, and Solid Surface countertops per plans.
Roofing – Provide and install ½” Dens Deck board primed with GAF vapor barrier, including full taper of ¼” per foot. Roofing to be mechanically fastened 60 mil TPO with expansion joints and pipe boots as needed.
Roof to have 20-year manufacturer’s warranty and 3 year subcontractor warranty.
Joint Sealants – Furnish and install all exterior caulking for expansion joints, dissimilar material transitions, exterior doors, and storefront systems as required.
Doors and Frames – Furnish and install all hollow metal welded door frames, metal doors, and primed wood doors including all required hardware at interior and exterior openings requiring them. Grouted frames included at CMU locations.
Storefronts – Supply and install 2” x 4.5” clear anodized aluminum storefront by Oldcastle with Storefront stile entry doors. Storefront to be installed in opening of new Hospitality and Shared Weight Room.
Drywall – Furnish and install all 5/8” type X drywall on new metal stud framing for interior walls and ceilings per wall types and ceiling details. Install tile backer board and mold-resistant drywall where required.
Patching of existing drywall to new construction included where needed. All walls to receive Level 4 Finish.
Acoustical Ceilings – Supply and install new acoustical ceiling grid suspension system, including seismic wires and compression posts. Install new ceiling tile per Finish Schedule. In some areas, existing ceiling tile will be removed and reused per plan.
Flooring – Furnish and install commercial grade carpet tile, luxury vinyl tile, rubber flooring, epoxy flooring, artificial turf, and 4” wall base throughout per Finish Schedule.
Painting – Apply one prime coat and two coats of finish to all drywall surfaces, both new and existing.
Apply new paint to new Pitching/Batting Tunnel, Hospitality/Shared Weight Room, Visitor Locker Room/Clubhouse, Home Locker Room/Clubhouse, Paint exterior cap flashing at Batter’s Eye, and doors and frames where required. Includes painting of exposed structural steel from alternates.
Signage – Supply and install ADA compliant signage for Exits, Restrooms, and Occupancy designations.
Supply and install 36” H x 3” Deep front lit aluminum channel letters to say “WATERFRONT SPONSOR SIGNAGE OPPORTUNITY” and 18” H x 3” Deep front lit aluminum channel letters to say “HOSPITALITY”.
Toilet Accessories – Furnish and install Bradley bathroom accessories in Restrooms including Grab Bars, Seat Cover Dispensers, Toilet Tissue Dispenser, Hand Soap Dispenser, Paper Towel Dispenser and Waste Receptacle. Supply and installation of Restroom and Weight Room mirrors included.
Fire Extinguishers – Furnish and install five lb. ABC extinguishers in recessed cabinets per code.
Stadium Bowl Seating – Remove existing stadium bowl seating and dispose. Supply and install Type 1, 2, and 3 chairs per seating submittal from Architect as Addendum #1. The total seating count to be replaced is 4,303 seats. All shipping is included.
EXHIBIT B - CONTRACTOR'S BID SCHEDULE
EXHIBIT 217 238
Page3 Initials:___
209 475 9898 haggertybuilds.com 2474 Wigwam Dr. Stockton, CA 95205 A Division of Haggerty Construction, INC. Lic. 944274
Fire-Suppression Sprinkler Systems – Design, permit, and install a complete overhead fire sprinkler system as a Deferred Submittal.
Plumbing – Includes excavation and backfill of plumbing trenches and install under-slab plumbing as required. Furnish and install all domestic water lines, condensate lines, tank water closets, floor drains with trap primers, T&C gas piping fixtures and equipment for building plumbing. Includes exterior hose bibs, domestic water sub-meters, Insta-Hots, and roof drains that tie into the storm water system.
HVAC – Furnish and install Carrier RTU heat pump units with curbs, heat strip, economizer and duct smoke detector, including electronic thermostats and one ductless mini-split system complete. Supply and install Greenheck Roof Exhaust fans with curb and duct, including gravity mount damper and air outlets.
Electrical – Furnish and install complete electrical system per plan, including light fixtures with controls, all power distribution and equipment, and stadium lighting head replacement. Furnish and install ring-andstring in conduit for data and telephone. Includes single-point connection to all new equipment. Excavation and backfill is included.
Fire Detection and Alarm – Includes design and installation of Fire Alarm system for new building addition.
Grading & Paving – Furnish and install all on site demo, rough grading, finish grading and paving per plans and soils report. Off haul and disposal of contaminated soils to a location specified by reporting agency.
Erosion and Sedimentation Controls – Install Photodegradable straw waddle, drain inlets, and rock construction entrances per civil drawings. Erosion Control and SWPPS program will be inspected and reported as required.
Pavement Markings and Signage – Furnish and install all striping, signage, and wheel stops as required per civil drawings and site plan.
Fencing & Gates – Supply and install 150 lineal feet of 8’ tall wrought iron fencing with 14-gauge privacy mesh installed over fencing. Fencing to be installed in area G between shore and back of the existing Visitor Locker Room. This request was made by the City of Stockton.
General Conditions – Includes site supervision, project management, project administration, site cleanup, traffic control, miscellaneous construction supplies, portable toilets, dumpsters, site security, temporary water, & final construction cleaning.
Section 3 – Exclusions
All Permit fees
PG&E work for gas tap
Overtime / holiday work / weekend work
Testing / 3rd party inspections
CWTA requirements
Bid bond
Handling or abatement of hazardous materials, other than soils Monument Signage
Controls for BMS (Building Management System)
EXHIBIT B - CONTRACTOR'S BID SCHEDULE
EXHIBIT 218 239
Page4 Initials:___
209 475 9898 haggertybuilds.com 2474 Wigwam Dr. Stockton, CA 95205 A Division of Haggerty Construction, INC. Lic. 944274
Off-site work to be done by local municipality
Stadium Bowl Seating Reset
Emergency Responder Radio Coverage System and testing
Phone / Data / IT Room Equipment & Racks / Punch Downs
All furniture, including window blinds
Stadium lighting light pole bases
Any work not listed in the above inclusions.
Section 4 – Clarifications
Haggerty has included a $200,000.00 contingency to be used at Haggerty’s discretion for work not assumed or unforeseen. This contingency is also an allowance for plan changes that have been discussed as forthcoming but not yet seen. Any adjustments over or under the contingency will be addressed with the owner when the allowance will be met or at the conclusion of the project, whichever comes first.
Haggerty has included Contaminated Soil Management and Testing per the Land Use Covenant and the Remedial Design and Implementation Plan. Haggerty strongly recommends having the soil testing done immediately in order to avoid any future soil remediation issues.
Haggerty all soil remediation costs are based on removing and disposing of 180 tons of contaminated soil. If site conditions warrant removing more than 180 tons, Haggerty discuss this with the owner and submit a request for compensation of additional fees.
This bid is based on Haggerty’s preliminary schedule and phasing plan.
This bid is based on access to the ballpark facility during the team’s travel days.
Alternates are shown on Attachment 2 “Cost Breakdown Sheet” Haggerty has included the cost for a Payment Performance Bond.
Haggerty’s Construction Total is separated in the Cost Breakdown Sheet. These costs cannot be standalone costs and contracted independently, with exception for the alternates.
Section 5 – Attachments
Attachment 1: Schedule of values for construction
Attachment 2: Cost Breakdown Sheet
Attachment 3: Haggerty Preliminary Schedule dated 10/22/2024 Attachment 4: Haggerty Phasing Plan dated 10-28-2024
Construction Total $5,978,659.00
EXHIBIT 219 240
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209 475 9898 haggertybuilds.com 2474 Wigwam Dr. Stockton, CA 95205 A Division of Haggerty Construction, INC. Lic. 944274
**The proposed sum above is valid for (30) days and is based on prices of materials and equipment in effect as of the date of this proposal. Market conditions may affect pricing prior to signing of contract.
The undersigned serving as authorized representatives or agents for the Client and Builder hereby agree to the spirit, nature, intent and terms of this agreement and hereby approve and authorize the Builder to commence the services as outlined herein this agreement.
By: Date:
CLIENT: City of Stockton, E.D.D – Tina McCarty
By: Date:
BUILDER: Haggerty Construction, Inc.
EXHIBIT 220 241
Project Number: 24038
Project Name: Banner Island B.P. Renovation
Project sf.: 20,963
Date: 11/11/24 Estimator: Advise Group
Division Cost Code / Description Total Amount % Notes
01 General Requirements $266,208.00 4.60%
01 7123.00 Surveying $9,500.00 0.16%
02 Existing Conditions
02 2600.00 Hazardous Material Assessment $900.00 0.02%
02 4100.00 Demolition $114,124.00 1.97%
03 Concrete
03 0000.00 Concrete $248,400.00 4.30%
04 Masonry
04 0000.00 Masonry $538,479.00 9.31%
05 Metals
05 1200.00 Steel-Decking $510,971.00 8.84%
06 2200.00 Caswork, Tops, & Millwork $114,951.00 1.99%
07 Thermal and Moisture Protection
07 2100.00 Thermal Insulation $15,000.00 0.26%
07 5000.00 Roofing $96,941.00 1.68%
07 9200.00 Joint Sealants $9,850.00 0.17%
08 Openings
08 1000.00 Doors and Frames $41,260.00 0.71%
08 4100.00 Storefronts $59,980.00 1.04%
09 Finishes
09 2900.00 Drywall & Metal Studs $111,524.00 1.93%
09 5100.00 Acoustical Ceilings $58,903.00 1.02%
09 6816.00 Carpeting $115,840.00 2.00%
09 9100.00 Painting $310,131.00 5.36%
09 9656.00 Epoxy-Polished CC $74,408.00 1.29%
10 Specialties
10 1400.00 Interior & Exterior Signage $28,201.00 0.49% 10 2813.00 Toilet Accessories $4,620.00 0.08%
10 4416.00 Fire Extinguishers $1,350.00 0.02%
13 Special Construction
13 3400.00 Stadium Seating $0.00 0.00%
21 Fire Suppression
21 1300.00 Fire-Suppression Sprinkler Systems $90,141.00 1.56% 22 Plumbing
22 0000.00 Plumbing $249,880.00 4.32%
23 Heating, Ventilation, & Air Conditioning
23 0000.00 Heating, Ventilation, & Air Conditioning $227,823.00 3.94% 26 Electrical
26 0000.00 Electrical $1,226,094.00 21.21%
28 Electronic Safety and Security
28 3000.00 Security , Alarm & Monitoring $2,500.00 0.04% 28 4600.00 Fire Detection and Alarm $19,474.00 0.34%
31 Earthwork
31 2200.00 Grading-Paving $222,200.00 3.84%
31 2500.00 Erosion and Sedimentation Controls $61,050.00 1.06% 32 Exterior Improvements
32 1723.00 Pavmnt. Markings & Signage $4,000.00 0.07%
32 3100.00 Fences and Gates $90,023.00 1.56%
Divisions 2-48 Subtotals $4,924,726.00 85.18%
00 Procurement and Contracting Requirements
00 7200.00 General Conditions $447,761.96 7.74%
00 7316.00 Insurance Requirements $86,561.53 1.50%
Division Subtotals $534,323.49 9.24%
01 4123.00 GC Fees $322,349.28 5.58%
Construction Total $5,781,398.76 per sf.
Performance & Payment Bond $45,815.00
Builder's Risk Insurance $1,445.24
Contingency $271,341.00
TOTAL CONSTRUCTION BID $6,100,00.00
Excluded
Bay Alarm
Design-Build
Includes Stadium Lighting Upgrade
Design-Build
Appliances and Tubs included
Includes painting exposed structural steel
Includes Exterior Channel Letters, ADA Signage
Infill at Hospitality
Includes Precast Tops
Includes Lockers
Construction Schedule of Values
Asbestos and Lead Testing
Includes soil Remediation, Haul-Off, Disposal
EXHIBIT B - CONTRACTOR'S BID SCHEDULE
EXHIBIT 221 242
COST TABLE FOR PRODUCTS AND SERVICES
Fee Proposal Sheet
Price
1 Batting/Pitching Tunnels
Construction
2 Netting and Lighting Fixtures (not covered by
Musco)
Construction
3 New Batting/Pitching Enclosure
Construction
4 Visiting Team Locker Room Program Additions
· Service Kitchen
· Eight (8) lockers
· Seating for eight (8) minimum
· Appliances including Sink and storage
cabinets.
· Whirlpool
· Visiting Team Manager’s office
· Two (2) lockers
· Interior Finishes
Female Staff Locker Addition
Construction
5 Home Team Locker Room Program Additions
· Service Kitchen
· Eight (8) lockers
· Seating for eight (8) minimum
· Appliances including Sink and storage
cabinets.
· Whirlpool
$414,501.00
$1,250,183.00
$980,748.00
$203,399.00
EXHIBIT B - CONTRACTOR'S BID SCHEDULE
EXHIBIT 222 243
· Visiting Team Manager’s office
· Two (2) 50-lb Commercial Washers
· One (1) 70-lb Commercial Dryer
· Interior Finishes
Construction
6 Temporary Female Staff Accommodations
· Interior Finishes
Construction
7 Secure Player Parking
· New fencing
Construction
8 Batter’s Eye Extension
· Batter Eye Screen
Construction
9 Seating Bowl Reseat
Seating
Demolition and disposal of existing seats
Construction
10 Field Lighting Upgrade
Construction
Base Bid Total:
11 Existing Steel Member Repaint (Add Alternate)
12 Kids Playground Area Relocation (Add Alternate)
13 New Right Field Bar (Add Alternate)
1,404,086.00
$759,895.00
$65,020.00
$254,667.00
Excluded
$767,501.00
$6,100,000.00
$175,000.00
$1,274,625.00
Allowance
Included in Bid
EXHIBIT B - CONTRACTOR'S BID SCHEDULE
EXHIBIT 223 244
Exhibit C:
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for 5 years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 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 CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
5. Surety Bonds as described below.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-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 EXHIBIT 224 245
retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
EXHIBIT 225 246
Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.
If the project does not involve new or major reconstruction, at the option of the City of Stockton, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Stockton’s site.
Claims Made Policies (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:
1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following EXHIBIT 226 247
form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.
Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years EXHIBIT 227 248
after completion of the contract of work.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 228 249
EXHIBIT 229 250
EXHIBIT 230 251
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 3 of 14
Ill.
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below}
PER-016 (Sexual Harassment In lhe Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassmenl lnvestigallve Procedures) revised from 2116/93
DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:
1. Soliciting applications from a source where all or most of potential workers are of the same race or color.
2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and
3. Questioning a job applicant about the existence, nature and severity of a disability.
B. "Harassment," as used In this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial offamily and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, child birth and breastfeeding), political affiliation, age {40 and older), concerted labor activity, or any other category or attribute identified under state and fe deral law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT 231 252
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• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 U.S.C. § 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;