Agenda packet — City Council and Concurrent Authorities, May 13, 2025 (part 3 of 7)

EXHIBIT 3
783
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives.

The objective of this project is for the supply and delivery of Sodium Hydroxide as outlined in the bid specifications incorporated herein by reference from Exhibit H.

2. Project Scope.

The Contractor shall provide the goods and insurance as specified. The contractor shall supply Material Safety Data Sheets.

3. Notices.

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

Contractor: Brenntag Pacific, Inc. City: City of Stockton Attn: Laura Tua Attn: City Manager
10747 Patterson Place 425 N. El Dorado Street
Santa Fe Springs, CA 90670 Stockton, CA 95202

4. Option to Renew.

The term of the Agreement may be extended on a yearly-to-year basis by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed four (4) years. The price for any succeeding period of service shall be agreed upon by both parties.

Contract with Brenntag Pacific Inc. for Sodium Hydroxide

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EXHIBIT 3
784
1 (REV 2024-03-25)
Exhibit B:

Insurance Requirements
(Chemical Sodium Hydroxide)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage 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. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.

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 $3,000,000 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 any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit 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 Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Environmental Impairment/Contractors’ Pollution Legal Liability with limits no less than $2,000,000 per occurrence or claim, to include liability for Groundwater contamination, Explosion, Sudden and Accidental and Environmental cleanup, etc.

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.

Contract with Brenntag Pacific Inc. for Sodium Hydroxide

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EXHIBIT 3
785
2 (REV 2024-03-25)
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 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
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution 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 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, CG 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, agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, 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.

Contract with Brenntag Pacific Inc. for Sodium Hydroxide

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EXHIBIT 3
786
3 (REV 2024-03-25)

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

B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.

C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:

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 with a retroactive date prior to the contract effective date, the Contractor must purchase an extended 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 shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.

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.

Contract with Brenntag Pacific Inc. for Sodium Hydroxide

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EXHIBIT 3
787
4 (REV 2024-03-25)
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 if admitted in the State of California.

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.

Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, 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 but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. 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.

Contractor 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. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.

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
. Contract with Brenntag Pacific Inc. for Sodium Hydroxide

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EXHIBIT 3
788
5 (REV 2024-03-25)
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
Contract with Brenntag Pacific Inc. for Sodium Hydroxide

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EXHIBIT 3
789
1 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

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.

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EXHIBIT 3
790
2 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)
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.

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.

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EXHIBIT 3
791
3 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

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. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.

11.2 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.

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EXHIBIT 3
792
4 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

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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EXHIBIT 3
793
5 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

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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EXHIBIT 3
794
6 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

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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EXHIBIT 3
795
7 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

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 3
796
1 (Rev. 4.18.22)

EXHIBIT D

GOODS AND SERVICES 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 purchase of goods and 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 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.

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EXHIBIT 3
797
2 (Rev. 4.18.22)
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 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.

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EXHIBIT 3
798
3 (Rev. 4.18.22)
6 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.
7 Findings Confidential
All 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. 8 Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.
9 Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

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EXHIBIT 3
799
4 (Rev. 4.18.22)
10 Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.
11 Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.

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. 12 Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.

CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

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EXHIBIT 3
800
5 (Rev. 4.18.22)
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/publicworks/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.
13 Shipping Terms
City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date specified in the Agreement.

Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately.

City reserves the right to refuse, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section. 14 Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere.
15 Price and Quantities
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.

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EXHIBIT 3
801
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 $544,000 (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 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.

1.3 Annual cost adjustments may be made, as necessary, to increase or decrease the unit cost. The annual increase shall not exceed three percent (3%) for each succeeding year. Any increase requested must be submitted at least sixty (60) days before requested implementation date. In the event that the supplier finds it necessary to increase the base price in any given year, the supplier shall provide evidence satisfactory to the City documenting the reason(s) for and actual cost of the cost increase. Annual cost decreases are allowed with written notice to the City.

2. Item Price. Below is the price for the products as described in Exhibit A of this Agreement.

Item Description Item Price
1 Sodium Hydroxide (25%) $888.48 / Dry Ton
2 Sodium Hydroxide (50%) $774.00 / Dry Ton

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 Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
Email: [email protected]
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EXHIBIT 3
802

EXHIBIT F

TIMELINE

1. Contractor shall complete the requested services identified in Exhibit A as follows:

Contractor shall confirm all orders received by email or phone within twenty-four (24) hours of the request.

Orders are to be delivered on the date requested for delivery or on the soonest available date if the date requested is unavailable. If no date is requested, the order will be delivered within seven (7) days.

Orders delivered through a subcontracted delivery service may not be canceled or rescheduled without prior notification to the City and may not be rescheduled more than once per order.

Contractor shall notify the City in advance of holiday closures that may affect order delivery.

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EXHIBIT 3
803

EXHIBIT G
DISCRIMINATION AND HARASSMENT POLICY (HR-15)
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EXHIBIT 3
804
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EXHIBIT 3
805
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EXHIBIT 3
806
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EXHIBIT 3
807
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EXHIBIT 3
808
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EXHIBIT 3
809
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EXHIBIT 3
810
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EXHIBIT 3
811
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EXHIBIT 3
812
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EXHIBIT 3
813
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EXHIBIT 3
814
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EXHIBIT 3
815
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EXHIBIT 3
816
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EXHIBIT 3
817
1692799v1

BAY AREA CHEMICAL CONSORTIUM
STANDARD AGREEMENT, PAGE 1 OF 2
BID NO. 12-2025

SUPPLY AND DELIVERY OF SODIUM HYDROXIDE
I hereby agree to furnish SODIUM HYDROXIDE identified in the attached bid forms, as solicited by the Bay Area Chemical Consortium (BACC), to one or more of the participating BACC Agencies.

Company: __________________________________________
Address: __________________________________________
City, State, ZIP: _________________________________________ Phone: __________________________________________
Email: __________________________________________
Authorized Representative: ________________________________ Signature: __________________________________________
Date: __________________________________________
WE ACKNOWLEDGE RECEIVING ADDENDUM/ADDENDA NUMBER ______ THROUGH ______.

SPECIFIC DEVIATIONS:

This box must be checked if bidder has any proposed specific deviations. Per Section 2.12 Proposed Deviations from the Specifications by the Bidder, the absence of a proposed changed in the specifications will hold the bidder strictly accountable to the specifications as described in the bid document, including any addendum.

Describe the specific deviations below. A copy of the proposed specifications must be attached to this Standard Agreement at the time of submission, with bidder’s name clearly shown on each document.

Description of Emergency Supply Plan: Provide a summary of vendor’s plans to continue to supply product in the event of an unexpected disaster or urgent emergency event.

Brenntag Pacific, Inc.
10747 Patterson Place
Santa Fe Springs, CA 90670
562 903-9626
[email protected]
W. Thomas Crain, Jr., President
Brenntag counts a various suppliers and storage facilities to chose from in the event one should unexpectedly face supply issues.
2/19/25
1 1
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EXHIBIT 3
818
1692799v1
STANDARD AGREEMENT, PAGE 2 OF 2

BIDDER INFORMATION

1. Legal Name of Bidder: ______________________________________________________________________________ 2. Bidder’s Street Address: ______________________________________________________________________________ 3. Mailing Address: ______________________________________________________________________________ 4. Business Telephone: _______________ Fax Number: ________________

5. Type of Supplier:

Sole Proprietor Partnership Corporation
If Corporation, indicate State where incorporated: ____________________

6. Business License Number issued by the City where the Supplier’s principal place of business is located.

Number: ____________________ Issuing City: _____________________

7. Supplier Federal Tax Identification Number: ____________________________

8. Emergency Contact: Name: ____________________________________ Phone Number: ______________________________

9. Order Contact: Name: _______________________________________ Address: _______________________________________
Phone Number: ___________ Fax Number: ____________
Email: __________________________________________

10. References:

Company/Agency Name Contact Name Phone Number
1)_________________________ ___________________ _____________ 2) _________________________ ___________________ _____________ 3) _________________________ ___________________ ______________

11. Chemical Manufacturer’s name and address (if different from Bidder): __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ Brenntag Pacific, Inc.
10747 Patterson Place, Santa Fe Springs, CA 90670
10747 Patterson Place, Santa Fe Springs, CA 90670
562 903-9626 562 944-7484
Delaware
20-0552611
Skylar Handy
559 485-4150
Skylar Handy
175 N Hughes Ave., Fresno, CA 93706
559 485-4150
[email protected]
Metropolitan Water District Angelo Sarao 213 217-1627
West Basin Municipal Water District 310 660-6284
Marin Municipal Water District
Brenntag Global Marketing
0580-10747-0000 City of Santa Fe Springs
Colette Ayala
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EXHIBIT 3
819
1692799v1

BAY AREA CHEMICAL CONSORTIUM
BID FORM FOR BID NO. 12-2025

FOR SUPPLY AND DELIVERY OF SODIUM HYDROXIDE
Sealed bids must be submitted in a PDF format and
bidders must enter bid prices into the electronic
bid platform (Line Item page)
https://bacwa.org/about-bacc/
No later than 4:00 PM. PT
Thursday, February 20, 2025
Legal Name of Bidder: _____________________________________ Business Address _____________________________________ _____________________________________
_____________________________________
Telephone Number: ____________________
Facsimile Number: _____________________
Email Address: _________________________
Authorized Representative (Please Print): _____________________________________ Signature:_____________________________
D _____ ___________________ _
I. All costs except California State sales tax for the purchase of SODIUM HYDROXIDE must be included in the amount shown entered into the electronic bid platform (Line Item page), including any and all mill assessments, fees, excise taxes, transportation charges, etc. Any exceptions to the bid must be noted under Specific Deviations on the Standard Agreement.

Bidders shall submit bids per unit of measure as specified in the electronic bid platform (Line Item page).

II. Bidders must submit all of the following, attached to this Bid Form:
a. All requirements listed in Section 2.21 Manufacturer’s Info. b. If applicable, the name, address, and contact information for the third party hauling company as well as an affidavit signed by the Bidder that the third party hauler can and will deliver the chemical to each and every participating BACC Agency.

III. Bidder Obligations
By signing this Bid Form and entering into individual purchase orders, purchase agreements and /or contracts with BACC agencies, the bidder expressly agrees to be bound by all the provisions of the bid solicitation, including Sections I-IV.

Brenntag Pacific, Inc.
10747 Patterson Place
Santa Fe Springs, CA 90670
562 903-9626
562 944-7484
W. Thomas Crain, Jr., President
[email protected]
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EXHIBIT 3
820
1692799v1
Non-Collusion Affidavit
To Be Executed By Bidder and Submitted With Bid
State of California )
) ss.

County of )
__________________________________, being first duly sworn, deposes and says that he or she is the (Bidder’s Authorized Representative)
___________________________ of ______________________________________ the party making the (Title of Representative) (Legal Name of Bidder)
foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bid, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct. _________________________________
Signature of: President, Secretary,
Manager, Owner, or Representative
Subscribed and sworn to before me this, day of , 20
Signature of Notary Public In and For
The County of ________________________,
State of _____________________________
All Signatures Must Be Witnessed By Notary
Dallas
Texas
19th Februrary 25
Los Angeles
W. Thomas Crain, Jr.

President Brenntag Pacific, Inc.

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EXHIBIT 3
821
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EXHIBIT 3
822
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EXHIBIT 3
823
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EXHIBIT 3
824
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EXHIBIT 3
825
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EXHIBIT 3
826
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EXHIBIT 3
827
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EXHIBIT 3
828
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EXHIBIT 3
829
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EXHIBIT 3
830
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EXHIBIT 3
831
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EXHIBIT 3
832
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EXHIBIT 3
833
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EXHIBIT 3
834
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EXHIBIT 3
835
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EXHIBIT 3
836
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EXHIBIT 3
837
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EXHIBIT 3
838
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EXHIBIT 3
839
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EXHIBIT 3
840
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EXHIBIT 3
841
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EXHIBIT 3
842
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EXHIBIT 3
843
1 (Rev. 02.13.25)

CITY OF STOCKTON
STANDARD AGREEMENT Agreement Number:

1. This Agreement is entered into between the City of Stockton (“City”) and Univar Solutions USA LLC. (“Contractor”) to provide Sodium Hypochlorite 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: July 1, 2025 Terminates on: June 30, 2026

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ 1,803,000

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 and Conditions
(d) Exhibit D – Goods and Services Special Terms & Conditions (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
(g) Exhibit G – Discrimination and Harassment Policy (HR-15) (h) Exhibit H – Bid Documents
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
Steve Colangelo, Interim City Manager Date
ATTEST:

APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:

EXHIBIT 4
844
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives.

The objective of this project is for the supply and delivery of Sodium Hypochlorite as outlined in the bid specifications incorporated herein by reference from Exhibit H.

2. Project Scope.

The Contractor shall provide the goods and insurance as specified. The contractor shall supply Material Safety Data Sheets.

3. Notices.

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

Contractor: Univar Solutions USA LLC. City: City of Stockton Attn: Jennifer M. Perras Attn: City Manager
8201 S 212th Street 425 N. El Dorado Street
Kent, WA 98032 Stockton, CA 95202

4. Option to Renew.

EXHIBIT 4
845
1 (REV 2024-03-25)
Exhibit B:

Insurance Requirements
(Chemical Sodium Hypochlorite)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage 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. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.

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

EXHIBIT 4
846
2 (REV 2024-03-25)
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 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.

EXHIBIT 4
847
3 (REV 2024-03-25)

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

C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:

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.

4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.

EXHIBIT 4
848
4 (REV 2024-03-25)
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 if admitted in the State of California.

EXHIBIT 4
849
5 (REV 2024-03-25)
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
EXHIBIT 4
850
1 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

EXHIBIT C

GENERAL TERMS AND CONDITIONS

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.

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 EXHIBIT 4
851
2 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)
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.

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.

EXHIBIT 4
852
3 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

10. Subcontractor.

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.

EXHIBIT 4
853
4 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

Contractor shall be solely responsible for reimbursing subcontractors.

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.

EXHIBIT 4
854
5 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

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.

EXHIBIT 4
855
6 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

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.

EXHIBIT 4
856
7 (Rev. 10.30.18; Mod 05.08.23 RM; Mod 03.27.24 RM)

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.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

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.

EXHIBIT 4
857
1 (Rev. 4.18.22)

EXHIBIT D

GOODS AND SERVICES TERMS AND CONDITIONS
1 Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

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4 Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

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:

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859
3 (Rev. 4.18.22)
6 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.
7 Findings Confidential
All 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. 8 Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.
9 Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

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10 Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.
11 Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.

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5 (Rev. 4.18.22)
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/publicworks/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

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1 (Rev. 10.30.18)

EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1 Project Price.

1.1 The maximum the Contractor shall be paid on this Agreement is $1,803,000 (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.

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.

2. Item Price. Below is the price for the products as described in Exhibit A of this Agreement.

Item Description Item Price
1 Sodium Hypochlorite (12.5%) $3.29 / gallon

City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
Email: [email protected]
EXHIBIT 4
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EXHIBIT F

TIMELINE

1. Contractor shall complete the requested services identified in Exhibit A as follows:

Contractor shall confirm all orders received by email or phone within twenty-four (24) hours of the request.

Orders delivered through a subcontracted delivery service may not be canceled or rescheduled without prior notification to the City and may not be rescheduled more than once per order.

Contractor shall notify the City in advance of holiday closures that may affect order delivery.

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EXHIBIT G
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1692799v1
STANDARD AGREEMENT, PAGE 2 OF 2

BIDDER INFORMATION

5. Type of Supplier:

Sole Proprietor Partnership Corporation
If Corporation, indicate State where incorporated: ____________________

6. Business License Number issued by the City where the Supplier’s principal place of business is located.

Number: ____________________ Issuing City: _____________________

7. Supplier Federal Tax Identification Number: ____________________________

8. Emergency Contact: Name: ____________________________________ Phone Number: ______________________________

10. References:

11. Chemical Manufacturer’s name and address (if different from Bidder): __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ EXHIBIT 4
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City of Stockton
Legislation Text
File #: 25-0501, Version: 1

ADOPT A RESOLUTION APPROVING AN INDEPENDENT CONTRACTOR AGREEMENT

BETWEEN SAN JOAQUIN COUNTY AND THE CITY OF STOCKTON FOR CALIFORNIA ASSEMBLY BILL 109 FUNDING OF THE COMMUNITY CORRECTIONS PARTNERSHIP TASK FORCE, AND AMEND THE FISCAL YEAR 2025-26 ANNUAL BUDGET

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

1. Authorize the City Manager to execute the Independent Contractor Agreement with San Joaquin County to accept California Assembly Bill 109 (AB 109) funding for the San Joaquin County Community Corrections Partnership (CCP) Task Force;

2. Authorize the City Manager to accept $4,815,412 in Fiscal Year (FY) 2025-26 Police Grant Funds as the Fiscal Agent for the law enforcement agencies of San Joaquin County; and

3. Approve an amendment to the FY 2025-26 Annual Budget to increase the Police Grants and Special Programs CCP revenue estimates and expenditure appropriations by $4,815,412; and

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

Summary
The CCP Task Force supports prison realignment through a Problem-Oriented Policing (POP) model, focusing on: offenders who are wanted for a new crime or compliance violation, have a history of violence, are repeat offenders, or are at high risk of becoming repeat offenders. The Task Force services each of the cities within San Joaquin County throughout the year based on identified needs.

This Agreement for $4,815,412 will fund the salary and benefits of the core CCP Task Force, as well as overtime and training/equipment enhancements. In addition, funding will be used for the one-time requests of one multipurpose command vehicle, a weapons training program, two vehicle radios for the District Attorney Investigator vehicles purchased in FY 2024-25, and the expansion of license plate reader cameras.

DISCUSSION
Background
AB 109 was intended to reduce the state’s prison population by shifting the responsibility of certain felons to local government. Implementation of AB 109 began in October 2011 and resulted in an increased number of offenders returning to local communities. After the implementation of AB 109, City of Stockton Page 1 of 3 Printed on 5/8/2025
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the City of Stockton and other cities within the County experienced increased crimes committed by previous offenders. Combined with reduced revenue, budgets, and staffing, local law enforcement has been challenged with adequately maintaining public safety services to community members.

The Marshall Plan on Crime is a guiding document that looks at public safety challenges from a broader perspective rather than a single entity, such as a city. In October 2012, the Task Force was established and funded consisting of one Stockton Police Department (SPD) Sergeant and Officers from Tracy, Lodi, and Manteca. The Task Force coordinates with other efforts resulting from the Marshall Plan on Crime and continues to be a valuable component in the overall strategic goal to increase public safety.

There is an existing Memorandum of Understanding (MOU) outlining the operational goals to maintain flexibility and respond to the needs of each community within San Joaquin County. Task Force members function as a team that move from one city to another or as individual Officers in their home agencies.

Present Situation
The Task Force comprises a core group funded through this Agreement with San Joaquin County. A proposal for AB 109 funding of $4,815,412 was submitted and included in the San Joaquin County Public Safety Realignment Plan for FY 2025-26 to fund the Task Force from SPD, Lodi Police Department, San Joaquin County Sheriff’s Department, Manteca Police Department, and San Joaquin County District Attorney’s Office. For FY 2025-26, the Task Force is adding 45% of an SPD officer (to equate to a full officer salary), an additional San Joaquin County District Attorney Investigator (SJC DAI) to help with the increased workload, and an additional SPD Crime Analyst to help analyze data and support the team. These additions will require salary, benefits, and overtime enhancements; along with allied agency officers’ salary increases or expected increases.

In FY 2025-26, a training and equipment budget enhancement is requested to allow for additional training for all the members in addition to enhancement for crucial equipment needs. Last year, three new software programs, Fusus, Peregrine, and Prepared 911, were approved as a one-time purchase, and are now considered ongoing budget items under this agreement. A one-time request for the purchase of a multipurpose Command /Unmanned Aircraft System/Surveillance vehicle, a Firearms Training System (FATS) with augmented reality and the expansion of the Falcon cameras have been added to the FY 2025-26 Agreement.

In previous years, enhancements to budget proposals were limited to a certain percentage increase; however, the Executive Committee approved having those limitations lifted for the last two fiscal years. Partnering agencies now have the opportunity to assess their programs and services thoroughly to include the identified needs and enhancements to their proposed budget. The SPD was notified on March 19, 2025, that the CCP Executive Committee approved the submitted proposal.

During the 2024-25 Fiscal Year, the law enforcement agencies throughout San Joaquin County continue to have a shortage of officers. The Task Force has been called upon to assist all the agencies/units in the county on a much more frequent basis, necessitating additional assistance.

With the addition of a dedicated SPD officer, a second San Joaquin County DAI, and an additional SPD Crime Analyst, budget enhancements are needed to fund those positions as well as those of the City of Stockton Page 2 of 3 Printed on 5/8/2025
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File #: 25-0501, Version: 1
current members. By providing additional funds for training and equipment, the Task Force members will be able to remain current on training and necessary tactics such as surveillance training, search warrant writing, Emergency Vehicle Operator Course (EVOC) training, etc., with the ability to have access to the latest equipment (i.e. most current tactical and surveillance equipment).

FINANCIAL SUMMARY
The City General Fund is not used to support the Task Force. Due to the specific appropriation actions needed, the SPD brings forward special revenue funding, such as these, for City Council approval outside the annual budget process. The San Joaquin County Public Safety Realignment FY 2025-26 Budget proposal includes $4,815,412 allocated for the Task Force. Revenue and expenditure appropriation, both in the amount of $4,815,412, is requested as part of the approval of the Agreement. Revenue and expenditures will require an increase in appropriation to the FY 2025- 26 Police Other Special Revenue, Special Investigation program. Task Force services provided by the partner agencies are invoiced to the City on a quarterly basis, then processed for reimbursement from San Joaquin County through the City’s miscellaneous receivables process.

City of Stockton Page 3 of 3 Printed on 5/8/2025
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE INDEPENDENT CONTRACTOR AGREEMENT

BETWEEN SAN JOAQUIN COUNTY AND CITY OF STOCKTON IN THE AMOUNT OF $4,815,412, FOR AB 109 FUNDING OF THE COMMUNITY CORRECTIONS

PARTNERSHIP TASK FORCE AND THE AMENDMENT OF THE FISCAL YEAR 2025-26 ANNUAL BUDGET
The Community Corrections Partnership of San Joaquin County formed a Task Force in 2012 to support the premise of prison realignment; and The Task Force uses the Problem Oriented Policing (POP) model focusing on offenders who are wanted for a new crime or compliance violation, have a history of violence, are repeat offenders, or are at high risk of becoming repeat offenders; and The Task Force serves each of the cities within San Joaquin County based on identified needs; and
Since 2012, funding allocated through AB 109 to San Joaquin County has been applied for and awarded to support the core team members of the Task Force; now, therefore,

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

1. The Independent Contractor Agreement between San Joaquin County and the City of Stockton for AB 109 funding of the Community Corrections Partnership Task Force, a copy of which is attached as Exhibit 1 and incorporated by this reference, is hereby approved.

2. The City Manager, as Fiscal Agent for the law enforcement agencies of San Joaquin County, is authorized to accept $4,815,412 in Fiscal Year (FY) 2025-26 Police Grant Funds.

3. The FY 2025-26 Annual Budget is amended to appropriate $4,815,412 in revenues and expenditures for the Police Grants and Special Programs CCP Task Force accounts as needed to carry out the purpose and intent of this action. //
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1002

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

PASSED, APPROVED, and ADOPTED May 13, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1003

INDEPENDENT CONTRACTOR AGREEMENT

SAN JOAQUIN COUNTY
BOARD AGREEMENT# A-___-___
BOARD ORDER# B-___-____
Contract Amount $4,815,412.00
Contract Amount $100,000
PARTIES: COUNTY: County of San Joaquin
Purchasing & Support Services
44 N. San Joaquin Street
Suite 540
Stockton, CA 95202-2931
With copies to: County of San Joaquin
COUNTY DEPARTMENT: Probation Department
575 W. Mathews Road
French Camp, CA 95231
Steve Jackson
209-468-4070
[email protected]
CONTRACTOR: City of Stockton
22 E. Market Street
Stockton, CA 95202
Stanley McFadden, Chief of Police
209-937-8218
[email protected]
With copies to: City of Stockton
City Manager’s Office
425 N. El Dorado Street
Stockton, CA 95202
EXHIBIT 1
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This Agreement is made and entered into this _________ day of ___________________, 20___, by and between City of Stockton, as an independent contractor (hereinafter “CONTRACTOR”), and the County of San Joaquin, a political subdivision of the State of California for its Probation Department at the address referenced above (hereinafter “COUNTY”).

NOW, THEREFORE, in consideration of the mutual covenants, conditions, and promises contained herein, it is mutually agreed as follows:

I. THE PURPOSE OF THE AGREEMENT
The purpose of this Agreement is for CONTRACTOR to provide the Community Corrections Partnership (CCP) Task Force services for San Joaquin County’s Public Safety Realignment program (AB109) which include reducing crimes committed by AB109 offenders, promoting the CCP, and supporting the premise of prison realignment.

II. ORDER FOR PRECEDENCE
A. In the event of an inconsistency in this Agreement, the inconsistency shall be resolved by giving precedence in the following order:

1. Applicable Federal and State of California statutes and regulations;

2. This Agreement; and

3. CONTRACTOR’S proposal (“hereinafter “Proposal”), attached hereto as Exhibit A.

Documents 3, referenced above, are hereby incorporated into this Agreement as if completely set forth herein.

III. THE SCOPE OF SERVICES
A. CONTRACTOR agrees to provide coordinate a Community Corrections Partnership (CCP) Task Force involving City Police Departments throughout San Joaquin County.

CONTRACTOR will serve as the host agency and provide necessary office space.

B. CONTRACTOR shall assign 1 (1 FTE) Stockton Police Sergeant, 1 (1 FTE) Lodi Police Officer, 1 (1 FTE) Manteca Police Officer, 1 (1 FTE) SJ County Sheriff, 2 (2 FTE) Stockton Police Officers, 2 (2 FTE) Stockton Crime Analysts, and 2 (2 FTE) District Attorney Investigators. Overtime will be shared amongst the Task Force Members.

Police Departments that do not participate with full-time staff may contribute part-time staff on a voluntary and/or ad hoc basis. All police agencies in San Joaquin County will have access to the Task Force services and resources regardless of their level of participation.

C. CONTRACTOR will be responsible for the day-to-day operation of the Task Force. The Task Force supervisor (Stockton Police Department Sergeant) will report to a Stockton Police Department manager designated by the Stockton Police Chief. For general oversight and EXHIBIT 1
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administration purposes, the police manager will report to the Police Chief member of the CCP’s Executive Board. The CCP’s Police Chief Representative will report to the CCP Executive Board on Task Force activities, as necessary.

Mission and Scope:

The mission of the Task Force is to protect the quality of life in our communities by:
• Reducing crimes committed by AB 109 offenders;
• Promoting the work of the CCP; and
• Supporting the premise of prison realignment.

The Task Force will focus on problematic realignment offenders, including those who:
• Wanted for a compliance violation and/or a new crime
• Have a history of violence
• Have been deemed a repeat offender
• Have been deemed at high risk of becoming a repeat offender.

The Task Force will use the well-known and effective Problem-Oriented Policing (POP) model. Activity and deployment strategies will include:
• Utilizing crime analysis data, offender data, and other information to prioritize work and ensure deployment practices and activities are conducted effectively and efficiently. • Conducting frequent offender compliance checks, especially during weekends and evening hours.
• Initiate contact and become familiar with offenders recently released from custody. • Actively searching for wanted persons, especially those identified as serious or habitual offenders or who are likely to commit new crimes.
• Working closely with patrol, investigations, and various special enforcement units in the area to gather, analyze, and exchange criminal intelligence information. • Frequently deploy to community “hot spots” and other areas where offenders are likely to gather and crime often occurs.
• Working closely with the Probation Department and other agency partners to encourage offenders to comply with the terms of their release, participate in vast programming opportunities, and avoid committing new offenses.
• Serving as an individual and collective resource that can help educate members of each law enforcement agency on the purpose and intent of realignment. • Working a flexible schedule which may include various evenings, nights, weekends, and holidays. This is necessary to provide attention to offenders when Probation Officers and other personnel are not at work.

D. CONTRACTOR shall perform the CONTRACTOR’S work in accordance with currently approved methods and standards of practice in CONTRACTOR’S professional specialty.

IV. GENERAL PROVISIONS:

A. Term of Agreement:

This Agreement shall commence when fully executed and end on the 30th day of June, 2026, unless Work is completed on a date prior thereto or unless terminated earlier as provided herein.

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B. Interpretation:

This Agreement shall not be interpreted in favor of any Party by virtue of said Party not having prepared this Agreement.

C. Compensation:

1. COUNTY agrees to pay CONTRACTOR the amounts as indicated on the CONTRACTOR’S fees, Exhibit A. Notwithstanding the foregoing, the total payments under this Agreement shall not exceed FOUR MILLION EIGHT HUNDRED FIFTEEN

THOUSAND FOUR HUNDRED TWELVE DOLLARS AND NO CENTS
($4,815,412.00) per Fiscal Year. A Fiscal Year is defined as a twelve-month continuous period from July 1 through June 30 of the following year.

2. COUNTY agrees to pay the CONTRACTOR federal and state payroll taxes such as social security and unemployment for staff performing services under the scope of this contract.

3. COUNTY agrees to pay CONTRACTOR benefit costs to staff performing services under the scope of this contract.

4. The COUNTY will issue a Form 1099 at year-end for fees earned.

5. Fixed Assets having a value of $10,000.00 or more, purchased by the CONTRACTOR and having the purchase cost reimbursed to CONTRACTOR by COUNTY under the terms of this Agreement are not considered part of CONTRACTOR compensation. All purchases over TEN THOUSAND DOLLARS ($10,000) including sales tax made during the life of this Agreement with funds paid pursuant to this Agreement and that will outlive the life of this Agreement, shall be identified as fixed assets with an assigned - inventory number. COUNTY shall retain these fixed assets as COUNTY property, in the event this Agreement is terminated or upon expiration of the Agreement. CONTRACTOR agrees to participate in an annual inventory of all COUNTY fixed assets and shall be physically present when fixed assets are returned to COUNTY possession at the termination or expiration of this Agreement. CONTRACTOR is responsible for returning to COUNTY all COUNTY inventoried fixed assets upon request of COUNTY, or the monetary value of said fixed assets if unable to produce the fixed assets at the expiration or termination of this Agreement. The CONTRACTOR may, at CONTRACTOR’s option purchase the fixed asset from the COUNTY at the fair market value as determined by COUNTY.

CONTRACTOR further agrees to the following:
(1) To maintain all items of capital equipment in good working order and condition, normal wear and tear excepted.
(2) To label all items of capital equipment, to perform periodic inventories as required by COUNTY and to maintain an inventory list showing where and how the capital equipment is being used, in accordance with procedures developed by COUNTY including, but not limited to all fixed assets under this Independent Contractor’s Agreement (ICA) and any previous or successive contracts with Community Corrections Partnership Task Force program. All such lists shall be submitted to COUNTY within ten (10) days of any request therefor.

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(3) To report in writing to COUNTY immediately after discovery, the loss or theft of any items of capital equipment. For stolen items, the local law enforcement agency must be contacted, and a copy of the police report submitted to COUNTY.

6. The purchase of any capital equipment by CONTRACTOR with funds provided hereunder shall require the prior written approval of COUNTY, and shall fulfill the provisions of this Agreement, which are appropriate and must be directly related to CONTRACTOR’s services or activity under the terms of this Agreement.

D. Invoicing:

CONTRACTOR shall submit all invoices by email to
[email protected] . Probation Department . All invoices must reference this Agreement Number/Contract ID #, assigned Purchase Order number, and the Work performed. Payments shall be made within 30 days of receipt of invoice from CONTRACTOR.

LATE FEES: California Government Code 926.10 provides the following “….any person having such a claim against a public agency, shall be entitled to interest commencing the 61st day after such public entity or person files a liquidated claim known or agreed to be valid when filed pursuant to such statute or contract, and such claim is due and payable.

Interest shall be 6 percent per annum.”
E. CONTRACTOR’S Status:

In the performance of Work, duties and obligations imposed by this Agreement, the CONTRACTOR and/or its employees are at all times acting as independent contractor(s) practicing his or her profession and not as an employee of COUNTY. A copy of the CONTRACTOR’S current professional, local, state or other business licenses required to conduct the services stated herein, will be provided to the COUNTY.

CONTRACTOR shall not have any claim under this Agreement or otherwise against COUNTY for vacation, sick leave, retirement benefits, social security or workers’ compensation benefits. CONTRACTOR shall be responsible for federal and state payroll taxes such as social security and unemployment. COUNTY will issue a Form 1099 at year-end for fees earned.

F. Assignments:

Inasmuch as this Agreement is intended to secure the specialized services of CONTRACTOR, CONTRACTOR may not assign, transfer, delegate or subcontract its obligation herein without the prior written consent of COUNTY. Any such assignment, transfer, delegation or subcontract without the prior written consent shall be considered null and void.

G. Non Exclusive Rights:

This Agreement does not grant to CONTRACTOR any exclusive privileges or rights to provide services to COUNTY. COUNTY may contract with other companies or individuals for similar services, including but not limited to any other party who may have submitted bids or proposals to any RFP/RFQ or other requests from COUNTY for the work or services performed under this agreement. CONTRACTOR may contract with other counties, private companies or individuals for similar services.

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H. Indemnification:

CONTRACTOR shall, at its expense, defend, indemnify and hold harmless COUNTY, (defined as the County of San Joaquin and its employees, officers, directors, contractors and agents) from and against any losses, liabilities, damages, penalties, costs, fees, including without limitation reasonable attorneys’ fees, and expenses from any claim or action, including without limitation for bodily injury or death, to the extent caused by or arising from the active and/or passive negligence or willful misconduct of CONTRACTOR, its employees, officers, agents or subcontractors.

CONTRACTOR shall hold the COUNTY, its officers and employees, harmless from liability, of any nature or kind on account of use of any copyrighted, or un-copyrighted composition, secret process, patented or un-patented invention articles or appliance furnished or used under this Agreement.

I. Insurance

1. CONTRACTOR, shall submit proof of insurance with liability limits as set forth below to COUNTY showing COUNTY, its officers, employees, agents and volunteers named as Additional Insured to include ongoing operations and products completed operations (On Additional Insured Endorsement CG 20 10 10 93), except for Workers’ Compensation and professional Liabilities, and insurance policy shall contain provisions that such policy may not be canceled or reduced except after thirty (30) days written notice to COUNTY.

2. CONTRACTOR agrees to be responsible to ensure that the requirements set forth in this article/paragraph are also to be met by CONTRACTOR’S subcontractors, if any, who provide services pursuant to this Agreement.

3. General Liability Limits
a. BI & PD combined/per occurrence/Aggregate $1,000,000 / $2,000.000 b. Personal Injury/Aggregate $2,000,000
c. Automobile Liability/per occurrence $1,000,000
1) CONTRACTOR agrees to defend, hold harmless and indemnify COUNTY for any and all liabilities associated with the use of any automobiles in relation to tasks associated with this Agreement.

4. Professional Liability
a. Professional Liability/as appropriately relates to $1,000,000 services rendered. Coverage may include medical
malpractice, cyber liability, and/or errors and omissions.

5. Workers’ Compensation and Employer’s Liability Statutory requirement J. Discrimination:

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CONTRACTOR shall not discriminate because of race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, medical condition, genetic information, military or veteran status, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave (California Government Code sections 12940,12945, 12945.2). CONTRACTOR shall not retaliate against any person for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions.

K. ADA Compliance:

CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. Sections 12101 et seq.)
L. Notices:

Any notice required to be given pursuant to the terms and conditions hereof shall be in writing, and shall be effected by one of the following methods: personal delivery, prepaid Certified First-Class Mail, or prepaid Priority Mail with delivery confirmation. Unless otherwise designated in writing by either party, such notice shall be mailed to the addresses shown on page one (1) of this Agreement.

M. Termination:

1. Termination for Cause: If CONTRACTOR breaches or habitually neglects the CONTRACTOR’S duties under this Agreement without curing such breach or neglect upon fifteen (15) working days written notice, COUNTY may, by written notice, immediately terminate this Agreement without prejudice to any other remedy to which COUNTY may be entitled, either at law, in equity, or under this Agreement.

2. Termination for Convenience: In addition, COUNTY may terminate this Agreement for its convenience upon thirty (30) days written notice to CONTRACTOR.

3. Funding out Clause: If the County Board of Supervisors fails to appropriate funds to enable the County Departments to continue to make purchases under this Agreement, this Agreement will be cancelled immediately and the CONTRACTOR will be given written notice of such termination.

4. If this Agreement is terminated under paragraphs 1, 2 or 3 above, CONTRACTOR shall only be paid for any Work completed and provided prior to notice of termination. In the event of termination under paragraph 1, 2 or 3 above, CONTRACTOR shall be paid an amount, which bears the same ratio to the total compensation authorized by the Agreement as the services actually performed bear to the total services of CONTRACTOR covered by this Agreement, less payments of compensation previously made. Except as stated above and except for any reasonable end-of-contract fees, CONTRACTOR shall have no other allowable charges under the terms and conditions of this Agreement.

5. CONTRACTOR shall not incur any expenses under this Agreement after notice of termination and shall cancel any outstanding expenses obligations to a third party EXHIBIT 1
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[related hereto] that CONTRACTOR can legally cancel; COUNTY shall not be liable for any expenses incurred by CONTRACTOR subsequent to the notice of termination.

N. Conflict of Interest Statement:

CONTRACTOR covenants that CONTRACTOR, its officers, employees or their immediate family, presently has no financial or other interest, in other project(s) or contract(s), or other activity(ies), nor shall it acquire any such interest, directly or indirectly, that would conflict or inhibit in any way, manner or degree with the performance of services under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement no person having any such a conflict of interest shall be employed or retained by CONTRACTOR under this Agreement. CONTRACTOR shall not hire COUNTY'S employees to perform any portion of the work or services provided for herein including secretarial, clerical and similar incidental services except upon the written approval of COUNTY.

O. Drug Free Workplace:

CONTRACTOR shall comply with the provisions of California Government Code Section 8350 et seq., otherwise known as the Drug-Free Workplace Act.

P. Force Majeure:

It is agreed that neither party shall be responsible for delays in delivery, acceptance of delivery, or failure to perform when such delay or failure is attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or regulations of any governmental agencies or other matters or conditions beyond the control of either CONTRACTOR or COUNTY.

Q. Compliance:

1. CONTRACTOR shall comply with all federal, state and local laws, regulations and requirements necessary for the provision of contracted services. Furthermore, CONTRACTOR shall comply with all laws applicable to wages and hours of employment, occupational safety, fire safety, health and sanitation. CONTRACTOR shall maintain current throughout the life of this Agreement, all permits, licenses, certificates and insurances that are necessary for the provision of contracted services.

2. CONTRACTOR shall comply with Assembly Bill 1522, known as the Healthy Workplaces, Healthy Families Act of 2014, codified at California Labor Code Section 245-249. With a few exceptions, the new law requires all employers to provide employees performing work in California with paid sick leave, beginning on July 1, 2015.

R. Disputes and Remedies:

1. Notice of any disputes, claims, or breach raised by CONTRACTOR, arising under this Agreement, must be submitted, in writing, to COUNTY within ninety (90) days of the alleged dispute, claim, or breach. If such issues cannot be resolved within ninety (90) days following written notice, and if the parties mutually agree, the alleged dispute, claim, or breach may be submitted to arbitration. Arbitration, if expressly agreed upon in writing by COUNTY and CONTRACTOR, shall be pursuant to the provisions of California Code of Civil Procedure Section 1280, et seq.

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2. At the COUNTY's sole discretion, COUNTY may elect to raise a dispute, claim, or breach by submitting it, in writing, to CONTRACTOR. Such dispute, claim, or breach would include conditions and time constraints required of CONTRACTOR to remedy.

3. Neither the pendency of a dispute, claim, or breach nor its consideration will excuse the parties from full and timely performance in accordance with terms of this Agreement.

4. Any legal action or proceeding with respect to this Agreement shall be brought in the courts of the State of California for the County of San Joaquin, or the courts of the United States of America for the Eastern District of California, and in no other courts.

CONTRACTOR hereby accepts such jurisdiction and venue and generally and unconditionally waives any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens. The provision of this paragraph shall survive expiration or other termination of this Agreement regardless of the cause of such termination.

5. In any action brought by a party to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs, including the reasonable value of any services provided by in-house counsel. The reasonable value of services provided by either party’s counsel shall be capped at the hourly rate charged by Deputy County Counsel IV attorneys in the office of the County Counsel of San Joaquin County, California.

S. Public Record
All bids and proposal information is property of COUNTY. All such documents, including this Agreement, are public records per the requirements of the California Government Code, Sections 6250-6270, “California Public Records Act”. CONTRACTOR’S Proprietary material must be clearly marked as such, but even so marked, it does not guarantee nondisclosure and may still be subject to disclosure pursuant to law. Pricing and service elements of the successful bid and/or proposal may not be considered proprietary information.

COUNTY will treat all information submitted in a bid/proposal as available for public inspection once the COUNTY has a contract finalized with the selected contractor. If CONTRACTOR believes that it has a legally justifiable basis under the California Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within its bid, Proposal, this Agreement, it must identify any such information, together with the legal basis of your claim to COUNTY. CONTRACTOR agrees to defend and indemnify COUNTY for any liability, costs, and expenses incurred in asserting such confidentiality to protect documents from public disclosure. The final determination as to whether COUNTY will assert your claim of confidentiality on your behalf shall be sole discretion of COUNTY.

T. Documents:

All drawings, specifications, documents and other memoranda or writings relating to the work and services hereunder, shall remain or become the property of COUNTY whether executed by or for CONTRACTOR for COUNTY, or otherwise by or for CONTRACTOR, or by or for a subcontractor operating under CONTRACTOR’S supervision, or direction, and all such documents and copies thereof shall be returned or transmitted to COUNTY EXHIBIT 1
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forthwith upon COUNTY written demand, termination or completion of the work under this Agreement.

U. San Joaquin County Green Purchasing Policy:

1. COUNTY has a Green Purchasing Policy; please go to website to view:
https://www.sjgov.org/docs/default-source/purchasing-support-servicesdocuments/policies-purchasing/2737---green-purchasing-policy-andprocedure.pdf?sfvrsn=3792e084_6

2. COUNTY has adopted an Environmentally Preferable Purchasing (EPP) Policy.

EPP refers to the procurement of goods and services that lessen or reduce negative effect on human health and the environment when compared with competing goods and services that serve the same purpose. This comparison takes into consideration such things as: raw materials acquisition; production; manufacturing; packaging; distribution; reuse; disposal; energy efficiency; performance; safety and cost.

3. A primary goal of this policy is to encourage contractors/suppliers and departments to consider products and services that help minimize environmental impacts with price, performance and aesthetic considerations being equal. Contractors/suppliers are encouraged to offer products and services that meet legitimate “green” standards, e.g. products that possess independent third party certifications such as Energy Star, Green Seal, EcoLogo, EPEAT or FEMP (Federal Energy Management Program) standards. The County also encourages offers of products made with minimal virgin materials and maximum use of recycled materials – again, price and performance essentially being equal.

V. Work Product:

COUNTY and CONTRACTOR acknowledge and agree that “Work Product”, and all components of it, provided or developed by CONTRACTOR hereunder or in connection herewith shall constitute “works made for hire” within the meaning of Title 17 United States Code Section 101 et seq. (the “Copyright Act”), and all right, title, and interest in and to the Custom Products shall vest in COUNTY immediately upon development. To the extent any such Custom Products may not be the sole and exclusive property of COUNTY and/or may not be a “work made for hire” as defined in the Copyright Act upon development, then CONTRACTOR agrees to and hereby does sell, transfer, grant and assign to COUNTY all copyrights, patents, trade secrets, inventions, and other proprietary rights, title, and interest in and to such Custom Products upon development. On all written material, whether in print, electronic, or any media form, constituting “Work Product”, CONTRACTOR shall place or cause to be placed the following legend preferably in the lower right corner:
© 2025 County of San Joaquin. All rights reserved.

W. Data Security – Confidentiality

1. Acknowledgment of access to information characterized as covered data:

CONTRACTOR acknowledges that this Agreement may allow CONTRACTOR access to confidential COUNTY information or COUNTY provided information including, but not limited to, personal information, records, data, or financial information (“Covered Data”) notwithstanding the manner in which or from whom it is received by EXHIBIT 1
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CONTRACTOR, which is subject to state laws that restrict the use and disclosure of the COUNTY information, including the California Information Practices Act (California Civil Code Section 1798 et seq.), California Constitution Article 1, Section 1, and other existing relative or future adopted State and/or Federal requirements. CONTRACTOR shall maintain the privacy of, and shall not release, Covered Data without full compliance with all applicable state and federal laws, the provisions of this Agreement and prior written consent of COUNTY. CONTRACTOR agrees that it will include all of the terms and conditions contained in this clause in all subcontractor or agency contracts providing services under this Agreement. Where a federal, state or local law, ordinance, rule or regulation is required to be made applicable to this Agreement, it shall be deemed to be incorporated herein without amendment to this Agreement.

2. Prohibition on unauthorized use or disclosure of Covered Data:

CONTRACTOR agrees to hold Covered Data received from or created on behalf of COUNTY in strictest confidence. CONTRACTOR shall not use or disclose Covered Data except as permitted or required by this Agreement or as otherwise authorized in writing by COUNTY. If required by a court of competent jurisdiction or an administrative body to disclose Covered Data, CONTRACTOR will notify COUNTY in writing prior to any disclosure in order to give COUNTY an opportunity to oppose any such disclosure. Any work using, or transmission or storage of, Covered Data outside the United States is subject to prior written authorization by COUNTY.

3. Safeguard standard: CONTRACTOR agrees that it will protect the Covered Data according to commercially acceptable standards and no less rigorously than it protects its own confidential information, but in no case less than reasonable care.

CONTRACTOR shall develop, implement, maintain and use appropriate administrative, technical and physical security measures which may include but not be limited to encryption techniques, to preserve the confidentiality, integrity and availability of all such Covered Data.

4. Return or destruction of Covered Data: Upon termination, cancellation, expiration or other conclusion of this Agreement, CONTRACTOR shall return the Covered Data to COUNTY unless COUNTY requests that such data be destroyed. This provision shall also apply to all Covered Data that is in the possession of subcontractors or agents of CONTRACTOR. CONTRACTOR shall complete such return or destruction not less than thirty (30) calendar days after the conclusion or termination of this Agreement. Within this thirty (30) day period, CONTRACTOR shall certify in writing to the COUNTY that the return or destruction has been completed.

5. Reporting of unauthorized disclosures or misuse of Covered Data:

CONTRACTOR shall report, either orally or in writing, to COUNTY any use or disclosure of Covered Data not authorized by this Agreement or in writing by COUNTY, including any reasonable belief that an unauthorized individual has accessed Covered Data. CONTRACTOR shall make the report to COUNTY immediately upon discovery of the unauthorized disclosure, but in no event more than two (2) business days after CONTRACTOR reasonably believes there has been unauthorized use or disclosure. CONTRACTOR’S report shall identify: (i) the nature of the unauthorized use or disclosure, (ii) Covered Data used or disclosed, (iii) who made the unauthorized use or received the unauthorized disclosure, (iv) what CONTRACTOR has done or shall do to mitigate any deleterious effect of the unauthorized use or disclosure, and (v) what corrective action CONTRACTOR has taken or shall take to prevent future similar unauthorized use or disclosure.

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6. Examination of records: COUNTY and, if the applicable contract or grant so provides, the other contracting party or grantor (and if that be the United States, or an agency or instrumentality thereof, then the Controller General of the United States) shall have access to and the right to examine any pertinent books, documents, papers, and records of CONTRACTOR involving transactions and work related to this Agreement until the expiration of five years after final payment hereunder.

CONTRACTOR shall retain project records for a period of five years from the date of final payment.

7. Assistance in litigation or administrative proceedings: CONTRACTOR shall make itself and any employees, subcontractors, or agents assisting CONTRACTOR in the performance of its obligations under this Agreement available to COUNTY, at no cost, to testify as witnesses, or otherwise, in the event of litigation or administrative proceedings against COUNTY, its directors, officers, agents or employees based upon a claimed violation of laws relating to security and privacy and arising out of this Agreement.

8. No third-party rights: Nothing in this Agreement is intended to make any person or entity who is not signatory to the Agreement a third-party beneficiary of any right created by this Agreement or by operation of law.

X. Entire Agreement and Modification:

This Agreement and all documents incorporated by reference supersedes all previous Agreements either oral or in writing and constitutes the entire understanding of the parties hereto. No changes, amendments or alterations shall be effective unless in writing and signed by both parties.

THIS SPACE LEFT BLANK INTENTIONALLY
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IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement effective on the day and year first written above.

COUNTY OF SAN JOAQUIN, a political City of Stockton, a municipal subdivision of the State of California Corporation
22 E. Market Street
Stockton, CA 95202
By: _____________________________ By: __________________________ Chair, Paul Canepa Steve Colangelo
Board of Supervisors Interim City Manager
San Joaquin County, California
Date: ________________ By:___________________________
Print Name
“COUNTY” “CONTRACTOR”

ATTEST: Rachel DeBord
Clerk of the Board of Supervisors
Of the County of San Joaquin,
California
By:___________________________
Date: _________________________

APPROVED AS TO FORM APPROVED AS TO FORM
Office of County Counsel

By: ____________________________ By: ____________________________ Jonathan N. King Lori M. Asuncion
Chief Deputy County Counsel City Attorney

Deputy Purchase Agent of record: MR
Drafted by: GB
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2025-2026 PROPOSED BUDGET - PHASE 13 PLAN
This document must be received by the Probation Budget Committee no later than 5:00 p.m. on February 14, 2025 for CBOs, and February 21, 2025 for government agencies. The Probation Budget Committee will review and address any corrections or revisions required before being submitted to the Chief of Probation.

NAME OF AGENCY DATE SUBMITTED
Police Departments of San Joaquin County
CCP Task Force 2/20/2025

NAME OF PROGRAM TELEPHONE NUMBER
CCP Task Force 209-937-7174

NAME OF CONTACT E-MAIL ADDRESS
Sergeant Robert Wong, Stockton Police
Department/CCP Task Force Police
Representative
[email protected]

AGENCY INFORMATION
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Please check which of the Service Need Areasthis proposal covers. A separate proposal isrequired for each of the below listed areas.

Pretrial Assessment and Monitoring - Probation
Jail Beds -S/O
Jail Programming -S/O
Jail Alternativesto Incarceration (i.e. EM, GPS) -S/O
Bailiffs-S/O
AB109 Support -S/O
Intensive Supervision (High Risk Unit) -Probation
Intensive Supervision (Violent Crimes Unit) -Probation
Transitional Age Youth - Probation
Assessment Center - Probation
Day Reporting Center -Probation
Evidence Based Programming - Probation
Correctional Health Services
Mental Health Treatment/Services- BHS
Job Training/Assistance/Search - EEDD
Transportation - Probation
GPS/EMP Contracts- Probation
Screening for Human Services Agency Programs-HSA
Transitional Housing - HSA
Post Release Court -Superior Court
Mandatory Supervision Court
Monitoring Court -Superior Court
CCP Task Force -Local Law Enforcement
Warrant Reduction and Advocacy Program - Friends Outside Case Management Services- Community Partnership for Families Case Management Services- El Concilio
Case Management Services- Mary Magdalene Community Services Parole Revocation Process-District Attorney
Parole Revocation Process-Public Defender
Felony Case Management - Mary Magdalene Community Services Homelessness and Recidivism Prevention - Ready to Work
Tattoo Removal Services- Inkoff.me
Transdermal Monitoring - Intercept (Superior Court)
HomelessInitiative -Health Care Services
Cost Allocation Plan -Probation
AB109 Administrative Services- Probation
Community Supervision Unit (CSU) - Probation
Mobile Support Servicesfor Homeless- The Uplift All Foundation Housing Services- The Uplift All Foundation
Workforce Development and Vocational Training Services- El Concilio Workforce Development and Vocational Training Services- Five Keys Schools and Programs Workforce Development and Vocational Training Services- San Joaquin County Office of Education Programsfor Families and/or Women-Behavioral Health - El Concilio In-Custody/Reintegration Services- Leadersin Community Alternatives(LCA) - S/O

SERVICE NEED AREAS
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Please answerthe following questionsto justify your Proposed Budget for the 2025-2026 Fiscal Year. Boxes are provided below to enter your narratives and data relevant to your program.

Thissection should be no more than three pageslong.

I. PROGRAM DATA AND OUTCOMES

1. Workload Data FY 2023-2024 Actuals(e.g., number of referrals, caseload size, number of clientsserved, number of clients successfully completing program, etc.):

2. Workload Data FY 2024-2025: 6 Month Actuals/6 Month Estimated (e.g., number of referrals, caseload size, number of clients served, number of clients successfully completing program, etc.):

During the 2024 calendar year, the Task Force compiled the following statistics: 257 arrests, including 129 felony arrests, 7 misdemeanor arrests, 86 felony warrant arrests, 35 misdemeanor warrant arrests. The Task Force confiscated 101 firearms in 2024. The majority of these arrest were the result of 628 compliance checks that were conducted/attempted by the CCP Task Force.

3. Projected Workload Data FY 2025-2026 (e.g., number of referrals, caseload size, number of clientsserved, number of clients successfully completing program, etc.):

PROGRAM JUSTIFICATION
During the 2023 calendar year, the Task Force compiled the following statistics: 211 arrests, including 100 felony arrests, 12 misdemeanor arrests, 67 felony warrant arrests, 32 misdemeanor warrant arrests. The majority of these arrest were the result of 566 compliance checks conducted/attempted by the CCP Task Force. In 2023, the Task Force confiscated 57 firearms.

The Task Force completed over 200 compliance checks and attempted over 600 in the current year. The Task Force seized 101 firearms. The Task Force also provided law enforcement services and assistance to SJ County Cities and unincorporated areas that are not reflected in these numbers. The Task Force will continue to work with Federal, State, and Local municipalities to make the county safer. In addition to the traditional law enforcement responses, the Task Force will coordinate with the Community Based Organizations as well, in order to facilitate collaboration between law enforcement and the community. This also supports the premise of prison realignment. Through these collaborations, the Task Force has been able to locate many offenders who were otherwise missing and/or extremely difficult to find.

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II. PROGRAM SERVICES AND ENHANCEMENTS

4. Brief description of the servicesto be provided during FY 2025-2026:

Over the last 12 years, the CCP Task Force has worked diligently to address the overwhelming effects of prison realignment felt by every city and community within San Joaquin County. The Task Force has proven to be a significant benefit to both the member agencies as well as the entire community. The mission of the Task Force is to reduce crimes committed by AB109 offenders, promote the work of the CCP Task Force, and support the premise of prison realignment. Utilizing contemporary police practices, The Task Force members meet with probationers in the field and at their residences where they conduct compliance checks. Offenders are referred to needed services through the SJ County Probation Department. The Task Force has a core membership of the following: one (1) Police Sergeant, three and fifty-five percent (3.55%) Police Officers, one (1) County Probation Officer, two (2) District Attorney Investigators, one (1) crime analyst, and one (1) SJ Sheriff Deputy. The Task Force is adding a forty five percent (.45%)Police Officer and one (1) crime analyst to the Task Force in FY 2025- 2026. Responsiveness and flexibility continue to be essential to the success of the Task Force. While the Stockton Police Department (SPD) serves as the host agency, the Task Force is a resource for the entire county and is responsive to the needs of each community. Its members function as both a structured team that moves from one community to another, as well as individual officers who work within their home agencies, apart from the team. As such, the Task Force balances its time between the host agency (SPD) and the employer agencies.

For example, the entire team may work together to conduct a variety of enforcement operations in Stockton, and then move to Lodi later in the same day. In contrast, on another day its members may report to their home agencies and work alongside their fellow employees who are engaged in work of the same scope. This hybrid deployment model is a force multiplier in that it maximizes effectiveness by periodically including additional police officers.

5. Please provide a high-level description of any significant enhancements and/or changes you are making to your program for FY 2025-2026. Identify what budget category the enhancement isin and the amount here.

Then provide a more detailed description and justification in the narrative section of the corresponding budget category.

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1) Salary/Benefits Enhancement- Our current salary/benefits budget for nine Task Force Officers (3-Stockton PD, 1- Manteca PD, 1-Lodi PD, and 1-SJSO, 2- SJC District Attorney Investigators, and 1-SJC Probation Officer) is $2,278,135. The Probation Officer’s salary/benefits are currently not funded through the task force. One Senior Administrative Analyst was approved in FY 2024-2025 and will be underfilled to a Crime Analyst with an additional Crime Analyst proposed in FY 2025-2026. 2) Overtime Enhancement- Our current overtime budget is $154,000 for the entire team of 7 officers (Probation overtime is not currently funded through the task force). Due to the shortage of officers with all the agencies throughout the county, the CCP Task Force has been requested to assist other units/agencies much more frequently. The task force regularly works special events, investigations, and missions that occur on their weekends. The task force is on schedule to exceed their yearly overtime budget. In addition, most of the agencies on the task force have received salary increases or are expecting salary increases in FY 2025-2026. Also, the second DAI investigator should be assigned to the task force full time by FY 2025-2026 so the overtime would be for 8 officers instead of 7. Due to the salary increases of the current task force members and the addition of the other DA Investigator, the current overtime budget is not sufficient. 3)Training/Equipment Enhancement- Increase by $780,626. AB109 Task Force’s current Training/Equipment budget is $133,000. Last FY the initial budget was $108,000. There was a midyear enhancement for an additional $25,000 to account for increased training/equipment related to the addition of the boats. This gave a new total of $133,000 annually. Last FY Fusus, Peregrine, and Prepared 911 were approved as a one-time purchase and is requested to moved to an ongoing budget item.

One Time Request 4) Multipurpose Command /UAS/Surveillance Vehicle - AB109 Task Force works closely with the investigative units and specialized units from all the law enforcement agencies throughout San Joaquin County on regular basis. AB109 Task Force assists these agencies with enforcement, compliance searches, UAS support, and surveillance. AB109 Task Force works surveillance/enforcement operations daily where ground surveillance, surveillance cameras, UAS, and air support may be used. These operations are usually mobile and don’t stay in one location. Having a vehicle that is able to stream numerous camera feeds from multiple sources all at once and has a computer inside, would be a force multiplier and extremely beneficial. The vehicle would be used for multiple roles such as a UAS vehicle, a mini command vehicle, and a surveillance vehicle. Officers currently don’t have a single vehicle that fits their operational needs and fulfills all of these roles. Crime Point manufactures a Premier Surveillance Platform which is a vehicle that is purpose built for law enforcement to allow the monitoring of numerous surveillance camera feeds all at one time and can have computers mounted inside for instant follow up investigation. The vehicle looks like a regular civilian vehicle with a small command center inside where officers can control and view not only the cameras mounted on the vehicle, but can also view camera feeds from multiple other sources such as city cameras, UAS, helicopters/airplanes, etc. The Crime Point Premier Surveillance vehicle can go mobile immediately without the set up and take down time of traditional large command post vehicle. The Crime Point vehicle can also be unmanned and the cameras on the vehicle can be viewed remotely. The surveillance platform also comes with a compact mobile surveillance system. The Crime Point Premier Surveillance Platform is a single vehicle that can be utilized to fulfill numerous roles that would normally take several different vehicles. It can be used for surveillance, as a mini mobile command post, and as UAS vehicle.The estimated total cost of the Crime Point Premier Surveillance Platform with the Compact Mobile Surveillance System is approximately $260,000. The vehicle will become part of the
Stockton Police Department’s (SPD) fleet and will be maintained by SPD. 5)The FATS AR Weapons Training System’s is beneficial to all officers no matter what assignment they are in or how long they have been on the job. FATS AR’s quick set up/take down time, quick reset of infinite fully customizable scenarios, real-time after-action reviews, portability, and the ability to be used anywhere will allow officers to get in much more repetitions in a short amount of time and get immediate feedback that they can visually see. This will aid in both tactical skills and de-escalation skills.The SPD Training Unit can implement in-service training with all sworn staff to include patrol and special assignment staff. Specific sessions will be established for groups as well as open dates for officers to receive additional training. The focus of the training will be de-escalation, force on force, and addressing specific concerns of officers.The ease of use, quick set up, and ability to move several officers through in a EXHIBIT 1
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short time frame, will allow for more effective training for our staff. This product will allow for a fast response to deficiencies and provide an avenue for remediation that we currently do not have.The estimated total cost of the FATS AR Weapons Training System is a one-time, all up front purchase price of approximately $260,000. This includes any combination of six weapons (any combo of rifles and pistols), four trainee headsets and vests, two instructor headsets, a laptop, and a three-day training course for the trainers. 6) Vehicle Radios for SJC DAI Vehicles- The San Joaquin County District Attorney Investigators have two DA Investigators assigned to the AB109 Task Force. DAI does not have hard mounted police radios for their two vehicles that are assigned to the AB109 Task Force. SJC DAI request a one-time funding for radios for their two vehicles at a cost approximately $22,000. 7) Falcon Cameras – SPD is requesting to add $390,000 budget for the expansion of infrastructure-free license plate reader cameras. This
technology will assist with the task force by increasing actionable evidence and providing real-time alerts. BUDGET ENHANCEMENT SUMMARY (Total increase of $486,651 + $46,000+$780,626=1,313,277)
1) Salary/Benefits Enhancement- Increase from $2,278,135 to $2,764,786 2) Overtime Enhancement- Increase from $154,000 to $200,000
3) Training/Equipment Enhancement- Increase from
$133,000 to $913,626 ONE-TIME BUDGET REQUEST
SUMMARY (Total request of $937,000)
1) Multipurpose Command/UAS/Surveillance Vehicle= $260,000 2) FATS Augmented Reality Training System= $265,000 3) Two radios for DAI= $22,000 4) Falcon Cameras=$390,000 EXHIBIT 1
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6. Indicate any challenges your program hasfaced during FY 2024-2025 and if you have been able to address them.
1) During the 2024-2025 fiscal year, the law enforcement agencies throughout San Joaquin County continue to have a shortage of officers. The Task Force has been called upon to assist all the agencies/units in the county on a much more frequent bases to assist with enforcement, searches, surveillance, apprehensions, missions, etc.

The Task Force is adding 45% of an SPD officer and an additional Crime Analyst to the team to help with the increased work load. The Task Force will request an increase to the Salary/Benefits budget to compensate for the additions plus the increase in the current salaries of the existing officers. 2) The Task Force’s overtime budget was not sufficient due to salary increases and the addition of 2 more members. The Task Force will request overtime budget enhancement to fund 9 officers instead of 7 officers on the task force (Probation Officer Salary and OT is not funded though this budget). The Task Force's proposed overtime budget mirrors the same amount that all of the task force officers assigned the federal task forces are alotted.

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A. BUDGET LINE ITEM TOTALS: The Proposed Budget Activities table below details the total of each budget category. These totals will auto-populate when the corresponding tables are populated in the subsequent tabs.

Please only fill in the blue highlighted cells below under Previous FY Budget. All other cells are locked and will auto-populate. Please remember to also include in your Previous FY Budget any enhancements you may have received during the year.

Proposed Budget Line Items
Previous FY
Budget
Proposed Budget Increased
Budget Amount
2025-2026

1. Salaries and Benefits $ 2,462,191 $ 2,964,786 $ 502,595

2. Services and Supplies $ 904,500 $ 1,568,626 $ 664,126 a. General Expenditures $ 904,500 $ 1,568,626 $ 664,126 b. Client Related Expenditures $ - $ - $ -

3. Professional Services $ - $ - $ -

4. Administrative (Not to exceed 10% of
Salaries and Benefits) $ - $ - $ -

5. Fixed Assets/Equipment $ 946,000 $ 282,000 $ (664,000) TOTAL $ 4,312,691 $ 4,815,412 $ 502,721
Reminder: There are no limitations on budget enhancement amountsso long asthe amount is reasonable and has been sufficiently justified through narrative and supportive data.

PROPOSED BUDGET ACTIVITIES
EXHIBIT 1
1024
B. BUDGET LINE ITEM DETAILS: Please provide details for each budget category that will sufficiently explain how the funds will be used. These totals will auto-populate to the Proposed Budget Activities table.

1. SALARIES AND BENEFITS, LABOR COSTS, and/or Productive Hourly Rate:

Compensation of employeesfor time devoted and identified specifically to this program. List number ofstaff, classification/title, FTE, productive hourly rate,salary and benefits, and any other labor expense.

Job Classification/Title FTE
Proposed
Productive Rate (if
applicable)
Proposed Salary
and Benefits
Stockton Police Sergeant 1.00 $ - $ 379,034
Lodi Police Officer 1.00 $ - $ 265,000
Manteca Police Officer 1.00 $ - $ 331,000
SJ County Sheriff 1.00 $ - $ 249,980
Stockton Police Officer 2.00 $ - $ 629,688
Stockton Crime Analyst 2.00 $ - $ 297,904
DA Investigators 2.00 $ - $ 612,180
Task Force Overtime $ - $ 200,000
TOTAL 10.00 $ 2,964,786
Please provide narrative below to sufficiently explain the details of the above table. If using a Productive Hourly Rate, please itemize the assumptions used to calculate your rate. If there was an enhancement to this budget category, please provide details and sufficient justification below.

EXHIBIT 1
1025
Salary and negotiated benefits for the following Task Force Members: Stockton Police Sergeant ($379,034); Lodi Police Officer ($265,000): Manteca Police Officer ($331,000); San Joaquin County Sheriff Deputy ($249,980); Stockton Police Officers ($629,688); Stockton Crime Analysts ($297,904); 2 DA Investigators ($612,180); and $200,000 in overtime costs shared amongst Task Force members. Having an additional analyst on the AB109 team would greatly enhance our efficiency, effectiveness, and safety.

An analyst would be able to assist us with various tasks, such as:
- Collecting, organizing, and analyzing data on probationers, such as their risk level, compliance, needs, and outcomes.
- Generating reports, dashboards, and visualizations that summarize and communicate our performance and impact.
- Identifying trends, patterns, and anomaliesthat could indicate potential problems or opportunities for improvement.
- Providing intelligence and recommendationsto support our decision-making and mission planning. - Developing and implementing tools and systemsthat automate and streamline our processes.

By having an analyst on our team, we would be able to:
- Save time and resources by reducing manual and redundant work. - Improve our quality and accuracy by minimizing errors and biases in enforcement. - Enhance our accountability and transparency by documenting and sharing our results and actions. - Increase our effectiveness and impact by targeting our interventions and resources to the most appropriate and needy probationers.
- Ensure oursafety and security by detecting and preventing threats and risks from certain high-risk individuals.

Additionally, the analyst could assist with monitoring and completing grant-related record keeping and ensure progress is being made regularly on grant use.

EXHIBIT 1
1026
a) General Expenditures (e.g., office supplies, training costs, rent, communications, etc., for dedicated staff or clients). Please itemize thistable in the same categories you willsubmit your reimbursement invoices.

General Expenditures Estimated Budget
2025-2026
Task Force Training $ 88,000
Task Force Supplies $ 45,000
FUSUS $ 108,326
Prepared 911 $ 438,800
Peregrine $ 233,500
FATS Augmented Reality Training System $ 265,000
Flock Falcon Cameras $ 390,000
TOTAL $ 1,568,626
Please provide narrative below to sufficiently explain the details of the above table. If there was an enhancement to this budget category, please provide details and sufficient justification below. b) Client Related Expenditures (i.e., costs identifiable to clients):

Client Related Expenditures Estimated Budget
2025-2026
$ -
TOTAL $ -
Please provide narrative below to sufficiently explain the details of the above table. If there was an enhancement to this budget category, please provide details and sufficient justification below.

2. SERVICES AND SUPPLIES: General Expenditures and Client Related Expenditures.

Request the training/equipment budget to increase to $913,626, adding FUSUS, Prepared 911 and Peregrine to the ongoing budget (which were requested last year and approved as a one-time purchase). Request a one-time $265,000 budget to add FATS Augmented Reality Training. FUSUS is a real-time crime center integration application that digests and analyzes all camera footage into operational intelligence. FATS Augmented Reality Weapons Training System allows the user to see the real environment they are in and blends it with computer generated virtual characters through the AR glasses. Flock Falcon Cameras Flock Safety for our LPR needs. Flock Safety provides 1000+ Law Enforcement Agencies in over 2,000 cities a scalable solution for public safety that reduces crime by up to 60%. Flock Safety is an all-encompassing system that does not solely depend upon vehicle license plates to identify vehicles used in crimes. It also isn't dependent upon our mobile units to conveniently drive by suspect vehicles. Fixed cameras would strategically be placed in high-traffic areas and areas affected by high crime based on crime analysis and data-driven policing. Detectives would be able to search vehicle type, make, color, license plate state, missing/covered plates, and other unique features like bumper stickers, decals, and roof racks as it is uncommon to obtain a full license plate rather the norm is a suspect vehicle description.

EXHIBIT 1
1027
Contractor/Provider Name Professional Services
Estimated
Budget
2025-2026
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
TOTAL $ -
Please provide narrative below to sufficiently explain the details of the above table. If there was an enhancement to this budget category, please provide details and sufficient justification below.

3. PROFESSIONAL SERVICES: List each outside consultant or provider, the contract amount, and the services to be provided.

EXHIBIT 1
1028
EXHIBIT 1
1029
Administrative Estimated Budget
2025-2026
$ -
$ -
$ -
$ -
TOTAL $ -
Please provide narrative below to sufficiently explain the details of the above table. If there was an enhancement to this budget category, please provide details and sufficient justification below.

Fixed Assets/ Equipment
Estimated Budget
2025-2026
Multipurpose Command/UAS/Surveillance
Vehicle $ 260,000
Two Radios for DAI $ 22,000
$ -
$ -
TOTAL $ 282,000
Please provide narrative below to sufficiently explain the details of the above table. If there was an enhancement to this budget category, please provide details and sufficient justification below.

4. ADMINISTRATIVE: Any administrative costs attributed to providing program services (e.g., Executive Management, Fiscal Services, Human Resources, etc.). Identify percentage and methodology for calculation. Costs should not exceed 10% of Category 1.

5. FIXED ASSETS/ EQUIPMENT: Any single item of $5,000.00 or greater that has a useful life of more than one year (e.g., computers and other office equipment necessary to perform program activities).

Purchased assets should be kept in an inventory by the requesting entity EXHIBIT 1
1030
Request a one-time, $282,000 budget for a multipurpose command/UAS/Survelliance vehicle. The vehicles in this class are $260,000 to be outfitted and include sales tax and fees. Request a one-time, $22,000 budget for two radios to add to the DA Investigator vehicles that were purchased in FY 2024-2025. Request a one-time, $390,000 budget for expansion of Falcon Cameras.

EXHIBIT 1
1031
City of Stockton
Legislation Text
File #: 25-0509, Version: 1

APPROVE MOTION TO AWARD A STANDARD AGREEMENT TO ALARM PROGRAM SYSTEMS LLC FOR ALARM INTRUSION PROGRAM SERVICES (PUR 25-013)

RECOMMENDATION
It is recommended that the City Council by motion:

1. Approve findings pursuant to Stockton Municipal Code §3.68.070(A)(3) in support of an exception to the competitive bidding process by allowing negotiated contracts following the solicitation of competitive proposals (RFP).

2. Authorize the City Manager to execute a Standard Agreement to outsource the monitoring of the Alarm Intrusion Program to Alarm Program Systems LLC of Pleasant Hill in the estimated revenue share amount of $103,000 for each year of the contract term, which is three (3) years through May 2028, with the option to renew for two (2) additional - one-year extension through May 2030. The Standard Agreement includes an 18% revenue sharing fee structure from permit and permit renewal fees and false alarm fees.

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

Summary
Since 1984, the Stockton Police Department's (SPD) Neighborhood Services Section (NSS) has managed the Alarm Intrusion Program with the goal to reduce SPD’s response to false alarms.

However, due to the industry trend of continued growth of installation of alarm system, the City continues to experience a high level of false alarm calls. The current program generates approximately $571,000 in revenue.

The Alarm Intrusion Program utilizes the Police Alarms Database Software (PADS), integrated with SPD's records management system, to manage alarm permits, billing, and responses. Despite the program efforts, false alarm rates remain high, per the following:

Time Period # of Alarm Calls # of False Alarm Calls % of False Alarms FY 2021 -2023 22,925 20,637 90%
This high rate significantly strains resources of the SPD and impedes efficient responses to genuine emergencies.

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File #: 25-0509, Version: 1
To address these challenges, SPD conducted an RFP to outsource the Alarm Intrusion Program so SPD staff can focus on true emergencies within the community. Outsourcing the program offers the following benefits:

1. The specialized vendors can often reduce false alarms by 30-50% through enhanced verification procedures and customer education.

2. The reduced false alarms allow officers and dispatchers to focus on genuine emergencies and proactive policing.

3. Outsourcing enables SPD to concentrate on core law enforcement duties, improving overall efficiency.

4. The selected vendor offers a revenue-sharing pricing structure, which can lead to some cost recovery and cost optimization for the program.

DISCUSSION
Background
Due to the excessive rate of responses to false alarms, SPD issued an RFP to hire a qualified supplier to assume the Alarm Reduction Program. On January 16, 2025, the City issued RFP PUR 25-013 for Alarm Intrusion Program Services. Three proposals were received by the due date of February 13, 2025, from the following firms:

Firm Name Firm Location
Alarm Program Systems LLC Pleasant Hill, CA
Phoenix Group Information Systems Santa Ana, CA
Municipal Alarm Tracking dba Munipal Escondido, CA
The Selection Committee was comprised of four (4) members of the Neighborhood Services Section (NSS) staff. The selection committee reviewed all proposals and independently scored each proposal based on the evaluation criteria in the RFP, which included firm's qualifications, professional experience, industry expertise, capacity, and cost. The cost was evaluated separately by Procurement, based on all evaluation factors, Alarm Program Systems LLC was determined to be the most qualified and highest-ranked firm. The intent to award was issued to Alarm Program Systems LLC and contract negotiations were successfully conducted with the supplier.

It is recommended that the City Council authorize the City Manager to execute a Standard Agreement to outsource the monitoring of the Alarm Intrusion program to Alarm Program Systems LLC of Pleasant Hill in the estimated revenue share amount of $103,000 for each year of the contract term, which is a three (3) year contract term through May 2028, with the option to renew two (2) additional - one-year extensions through May 2030 (Attachment A). The Standard Agreement includes an 18% revenue sharing fee structure from permit & renewal fees and false alarm fees, which provides a cost-effective and potentially revenue-enhancing solution to offset the cost of managing the program.

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Findings
Pursuant to Stockton Municipal Code (SMC) Section 3.68.070(A)(3), the City Council may approve findings that support an exception to the competitive bidding process by allowing negotiated contracts following the solicitation of competitive proposals (RFP). The following findings are presented:

1. The City lacks sufficient staff resources to effectively manage the Alarm Intrusion Program in its entirety; therefore, SPD is requesting to outsource the management of the program.

2. Outsourcing the Alarm Intrusion Program will provide enhanced customer -education, resulting in a reduction of false alarm calls and allowing police officers and dispatchers to prioritize core law enforcement duties.

3. The revenue-sharing model includes an 18% revenue sharing fee structure offered by the selected vendor. The revenue sharing fee structure provides a cost-effective and potentially revenue-enhancing solution to offset the cost of managing the program for the City.

4. The use of the RFP process is appropriate for services type Contract and was conducted in line with procurement best practices through an open, competitive, and transparent solicitation process, adhering to all applicable procurement laws and regulations. The evaluation of proposals was based on each firm’s professional qualifications, experience, industry expertise and cost as the basis for the awarding to the best value proposals. Use of the evaluation criteria ensures the selection of a vendor that will provide the highest quality services, which is in the public interest.

5. The City successfully negotiated the Standard Agreement with Alarm Program Systems LLC following solicitation and evaluation of competitive proposals in accordance with SMC §3.68.070(A)(3).

FINANCIAL SUMMARY
The Fiscal Year 2025-26 budget for the Alarm Intrusion Program is appropriated within the SPD’s General Fund. An 18% revenue-sharing model with Alarm Program Systems LLC will offset operational costs, with the City retaining 82% of generated revenue, estimated at approximately $468,000. This model aims to improve financial sustainability and reduce the burden on the SPD's General Fund, which includes Officer response times. Future expenditures and revenue projections will be included in the annual budget appropriation process.

Attachment A - Standard Agreement
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1 (Rev. 01.17.25)

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 estimated revenue share to be paid to Contractor for each year 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
___________________________________________________________________________ Steve Colangelo, Interim City Manager
Date
ATTEST:
____________________________________________________________________________ Katherine Roland, CMC, CPMC, 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

04.01.2025

ATTACHMENT A
1035
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 Alarm Program Systems LLC (“Contractor”) shall provide the Stockton Police Department, Neighborhood Services Section (NSS) with Alarm Reduction Program management services using a cloud-based solution application.

2. Project Scope

2.1 The Contractor shall provide services to lower embedded agency costs, heighten public awareness, increase program revenues, reduce false alarms, and free up valuable resources for public safety.

The APS application is a 100% cloud-based solution that enables collaboration, integration and automation between business units across multiple departments - creating a true municipal agency and citizen engagement solution. All program information is highly secure, stable, and accessible in real time from any device. From the front-end citizen portal to the back end administrative interface, APS is able to leverage an industry leading technology stack to ensure that our product offering is constantly improving at the pace of current technology.

3. Specifications

3.1 Contractor shall provide a 100% web-based application that requires no hardware or software to be purchased. The platform shall be built entirely on cloud-based architecture and have work process rules to ensure best in class program stability and data security. The platform enables collaboration, integration, and automation between business units across multiple departments - creating a true municipal agency and citizen engagement solution.

3.2 Contractor shall migrate all City Alarm Reduction Program call history/data sets from its current Computer Aided Dispatch (CAD) system onto APS platform and assume full administrative responsibility of its functions in accordance with City requirements.

3.3 Contractor shall migrate all City Alarm Reduction Program permits and permit renewals from its current Police Alarms Database Software (PADS) system onto APS platform and assume full administrative responsibility of its functions in accordance with City requirements.

ATTACHMENT A
1036
2 (Rev. 10.30.18)

3.4 Contractor shall be responsible for securely importing existing Alarm Reduction Program data both from the City and its CAD Contractor (Tiburon) and creating callable database files including but not limited to permit address records, permit date records, historical billings, historical payments, and any fees outstanding at the time of transfer.

3.5 All program information must be highly secure, stable, and accessible in real time from any device. From the front-end citizen portal to the back end administrative interface.

3.6 Contractor shall assist the City in establishing a coding system to enable the Contractor to properly sort the types of alarms received from alarm users, i.e., False Alarm (Excessive/Panic), Activation without a valid permit, and Activation without a response from alarm users within a required timeframe.

3.7 Contractor shall, with the City, develop a system of collecting calls-forservice information that will eliminate any access to data or other restricted details, evidence, or statistics pursuant to Criminal Justice Information Services (CJIS) rules and regulations.

3.8 Contractor shall be responsible for retrieving all relevant Alarm Reduction Program data sets and assist the City in establishing a CAD interface through which the Contractor can receive false alarm reports at a regular interval.

3.9 Contractor shall, consistent with Stockton’s approved alarm ordinance and any future amendments, provide, operate, and maintain City's Alarm Reduction Program. More specifically, the Contractor shall develop, provide, operate, and maintain the systems necessary to communicate with Stockton's designated City officials, Alarm Companies, Police Department, and those members of its citizenry affected by the alarm ordinance.

3.10 Contractor’s system solution shall be tailored to fit City’s particular needs and objectives, and it shall perform all functions necessary to satisfy same.

It shall acquire, access, assimilate, produce, record and store data relevant to the operation of City’s Alarm Reduction Program. It shall generate and issue notices, permits and billing statements; track accounts receivables, account histories (including hearings and appeals); and generate reports.

3.11 Contractor shall provide accounting reconciliation services and accounting reports for all billing pursuant to Generally Accepted Accounting Principles on a monthly basis. This shall include monthly auditing to ensure accuracy.

Said reports and all supporting documents shall be submitted to the City within ten business days of the following month.

ATTACHMENT A
1037
3 (Rev. 10.30.18)

3.12 Contractor shall securely import all existing Alarm Reduction Program records, i.e., permits (PADS), billings, payments/history, and outstanding fees (Munis), etc., and use it to populate live permit accounts on the Contractor’s platform.

3.13 Contractor shall manage and operate the notifications (both by mail and email), billing (including on-line payment) and collections, and permit applications and processing for residential/commercial burglar alarms, panic alarms, and false alarms.

3.14 Contractor shall provide an online alarm user portal (linked to the City’s website) where alarm users (households and businesses) can obtain and renew alarm permits, pay billings, view their alarm activity, view the City’s alarm ordinance and update account information.

3.15 Contractor's online portal should have a dedicated section for educational resources and frequently asked questions (FAQs) regarding alarm systems, best practices for alarm management, and ways to reduce false alarms.

3.16 Contractor’s platform shall enable Police Department and other City staff to securely search the alarm program database online to access alarm account history and alarm ordinance enforcement actions. Records are callable by multiple search criteria such as name, address, phone number, email address, permit number, and alarm provider name. Additionally, the system shall be able to perform wildcard searches. Reports can be generated instantly by staff in multiple file formats (Including Excel, PDF, and CSV).

3.17 On the service side, the Contractor must provide an experienced customer support team that is well versed in all aspects of alarm program management. The staff must be trained in both City’s alarm ordinance and the manner in which the City wants the program administered.

3.18 Contractor will maintain a toll-free telephone number (M-F, 8am-5pm PST) that alarm owners may call to speak with support staff about the specific details of their bills or to ask about the alarm program in general.

3.19 Contractor shall also provide an electronic service functionality by way of a designated City Alarm Reduction Program Support Email address routed directly to a customer support center. Customer email inquiries shall be professionally responded to within 24 business hours of receipt.

3.20 Contractor’s system shall enable City to perform educational alarm program mail/email campaigns with City generated templates/inserts.

ATTACHMENT A
1038
4 (Rev. 10.30.18)

3.21 Contractor shall create awareness in the community of the City’s ordinance to reduce false alarms. Contractor shall publish/share weekly top offenders lists to APS support team and City staff to bring awareness to problem alarm locations and conduct outreach campaigns via email/phone to educate alarm users.

3.22 Contractor shall provide an Online Alarm School and collaborate with City law enforcement and alarm monitoring companies to educate alarm users in an effort to reduce false alarms.

3.23 If requested, the Contractor shall furnish, model alarm ordinances and complimentary service to write any revisions to the City’s alarm ordinance.

The Contractor shall work with the Police Department staff and the City Attorney’s Office to produce workable versions.

3.24 Contractor shall establish an interface protocol with City’s current CAD Contractor, and any future CAD Contractor, and collect alarm call data weekly. The Contractor shall provide for a secure, encrypted transmission of this data.
a. Contractor shall in approximately three (3) years, connect/integrate to a new CAD system.

3.25 Contractor shall establish work-flow rules for the handling of return mail.

Return addresses are matched against existing locations via google maps and representative calls are made to additionally sort for corrected locations.

3.26 Contractor shall pursue outstanding balances with live customer service phone calls.

3.27 Contractor shall establish a mail-in payment program in a manner desired and approved by the City.

3.28 City shall have the option of using a bank lockbox, an already established City lockbox, or elect the Contractor to process mailed payments in house.

Banking fees shall be paid from the gross monthly program revenues. All payments (by check and electronically) shall be directly deposited into the agreed-on bank account until the City approved month-end distribution.

3.29 Contractor shall use Salesforce.com platform for the processing of online credit card payments and be PCI compliant. The Contractor shall design its service to meet City’s specific PCI requirements providing relevant certifications as necessary.

ATTACHMENT A
1039
5 (Rev. 10.30.18)

3.30 City staff will have unlimited real-time access to all relevant data related to alarm program operation and ability to call data metrics such as program revenues, current permits, refused permits, false alarm billings, outstanding receivables, past due balances, collection rates, upcoming renewals, etc.

3.31 Contractor shall pursue outstanding fees for 90 days and transfer outstanding collection data to the City in any file format necessary.

3.32 Contractor shall provide virtual training to City staff that are engaged in the operation and/or oversight of City’s Alarm Reduction Program. Additional training is open-ended and provided on an ongoing basis throughout the term of contract as requested by the City.

3.33 Contractor shall produce and deliver reports to the City on a weekly basis or as requested by the City, including, but not limited to, auto-notifications.

The system can be configured to automatically generate and distribute reports electronically on any time interval (daily, weekly, monthly, etc.).

3.34 Contractor shall maintain its equipment in good working order and shall take all reasonable steps to protect their systems against infection or corruption to ensure uninterrupted operation of City’s Alarm Reduction Program.

3.35 Contractor shall provide the City with a 24-hour emergency telephone number where an APS associate can be reached at all times.

3.36 Contractor shall provide City with a rollout schedule detailing the program migration from contract date to GoLive date.

3.37 The Project Management team will consist of the following individuals:

ATTACHMENT A
1040
6 (Rev. 10.30.18)
Jim Huchingson will serve as Project Manager and oversee all phases of the Stockton partnership. His efforts will be concentrated on the development of a rollout plan and overseeing all phases of the project - including status meetings, data import, website development, and managing CAD and financial interfaces.

Lisa Baxter will conduct customer support training. She will train the APS customer support staff on City’s alarm ordinance, establish a protocol for appeals with the City, and implement workflow rules for collection and billing.

Tamara Hartsgrove will serve as the point person for data conversion and integration. She will take alarm program data in whatever form it currently exists and import it onto the APS platform. She will also assist in designing any necessary CAD/RMS interface.

Brett Glass will serve as Co-Manager on the project and coordinate regular progress meetings with Stockton to ensure clear communication throughout the onboarding process. He will handle all communication materials for alarm company and citizen outreach. Brett will continue as City’s primary Customer Service Representative after the program has rolled out.

These four key members of the team will serve as contact points for respective staff members in Stockton focused on the False Alarm Management Program. Each will be principally responsible for working with Stockton and ensuring the success of its Alarm Program

3.38 Hosting Solutions for Contractor’s application is built on Salesforce.com.

a. The hosted site is secured via access control and physical security o 24-hour manned security, including foot patrols and perimeter inspections
o Biometric scanning for access
o Dedicated concrete-walled Data Center rooms
o Computing equipment in access-controlled steel cages
o Video surveillance throughout facility and perimeter
o Building engineered for local seismic, storm, and flood risks o Tracking of asset removal
b. Power
o Underground utility power feed
o Redundant (N+1) CPS/UPS systems
o Redundant power distribution units (PDUs)
o Redundant (N+1) diesel generators with on-site diesel fuel storage

ATTACHMENT A
1041
7 (Rev. 10.30.18)
c. Environmental controls
o Humidity and temperature control
o Redundant (N+1) cooling system
d. Network
o Concrete vaults for fiber entry
o Redundant internal networks
o Network neutral; connects to all major carriers and located near major
o Internet hubs
o High bandwidth capacity fire detection and suppression o VESDA (very early smoke detection apparatus) Dual-alarmed, dualinterlock, multi-zone, pre-action dry pipe water-based fire suppression

3.39 Contractor shall provide a recovery strategy, recovery response times, and Security Incident Response Plan.
a. Data Backups: Salesforce Cloud System Integrity and Security o Salesforce performs real-time replication to disk at each data center, and near real-time data replication between the production data center and the disaster recovery center.
o All networking components, SSL accelerators, load balancers, web servers, and application servers are configured redundantly. o All customer data is stored on a primary database server that is clustered with back-up database server for uninterrupted access. o All customer data is stored on disk that is mirrored across multiple storage cabinets and controllers.
o All customer data, up to the last committed transaction, is automatically backed up to a primary tape library on a nightly basis. o Back-up tapes are immediately cloned on a second library to verify their integrity. The clones are moved to secure, fire-resistant off-site storage on a regular basis.

ATTACHMENT A
1042
8 (Rev. 10.30.18)
b. Performance and Service Level Agreement (SLA):
o Salesforce provides a SLA of 99.9% uptime for its core services. The platform is available at least 99.9% of the time – Maximum allowable downtime of approximately:
 8.76 hrs per year
 43.8 minutes per month
c. Recovery Plan:
o Contractor shall perform data replication across multiple regions ensures high availability. Recovery Time Objective (RTO) is estimated at 12 minutes to restore service.
d. Security Incident Response Plan:
o In case of a security breach, Contractor’s incident response team members shall implement their established Incident Response Plan (Attachment A).

ATTACHMENT A
1043
9 (Rev. 10.30.18)

4. Implementation Schedule

ATTACHMENT A
1044
10 (Rev. 10.30.18)

5. Major Deliverables

5.1 Interface, Correspondence and Process Specifications

5.2 Implement and test business, alarm company, and citizen web functions

5.3 Registration Implementation

5.4 System Infrastructure and Interface Implementation

5.5 Program Training – Train Contractor staff on the City’s Alarm Program, objectives, and execution plan. Train City staff on APS application, optimize layout and click-through reporting features

5.6 Program Testing

5.7 GoLive – Begin full-time management of the Alarm Intrusion Program

6. Criteria of Acceptance for Deliverables

6.1 Interface, Correspondence and Process Specifications (Rollout weeks 1-3) all activities are successfully developed, implemented, configured, tested, validated, and approved.

6.2 Registration Implementation (Rollout weeks 4-6) activities are successfully completed.

All Contractor staff shall be trained on City’s alarm ordinance, objectives and execution plan. The Contractor will train Stockton program administrator(s) on application, optimize layout and click-through reporting features.

6.3 Program testing of all major systems, including interface, generation of communication templates, collection and customer service systems is successfully completed.

ATTACHMENT A
1045
11 (Rev. 10.30.18)

6.4 Go-Live Acceptance
a. System Readiness:
o All critical business functions operate as expected in the production environment.
o No Severity 1 (Critical) or Severity 2 (High) defects remain unresolved. b. Data Integrity & Migration:
o Data migration is completed successfully, with validation ensuring accuracy and completeness.
o No data inconsistencies or corruption in the live system. c. Performance & Scalability:
o System meets performance benchmarks under expected user load and transactions.
o No significant performance degradation compared to the test environment.
d. Security & Compliance:
o Security assessments and penetration testing are completed with no critical vulnerabilities.
o Compliance with industry standards and regulatory requirements is verified.
e. User Acceptance & Sign-off:
o Key stakeholders have validated system functionality and signed off on Go-Live readiness.
o End-users have completed training, and necessary support structures are in place.

ATTACHMENT A
1046
12 (Rev. 10.30.18)

7. City Responsibilities
The City shall:
 Provide Contractor access to systems or information required by program implementation.
 Collaborate with Contractor to design all program documentation and communicate strategies to Stockton residents.
 Approve all published content in support of the Alarm Intrusion Program – print and online versions.
 Monitor of implementation performance and ongoing program performances.  Provide provision of existing alarm program information in an accessible file format.
 Collaborate with Contractor on false alarm appeals and processes.  Collaborate with Contractor to develop coding for alarms and report objects used to determine valid false alarms.
 Provide training documents of internal tasks to assist with the data conversion and transition from PADS to Contractors platform.

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

Contractor: Alarm Program Systems LLC City: City of Stockton 367 Civic Drive, Suite 10 Attn: City Manager
Pleasant Hill, CA 94523 425 N. El Dorado Street
Stockton, CA 95202

ATTACHMENT A
1047
13 (Rev. 10.30.18)

9. Key Personnel
City of Stockton
Almarosa Vargas, Police Servies Manager
Marina Lemos, Administrative Aide
Alarm Program Systems
Jim Huchingson, President / Project Manager
Lisa Baxter, Customer Support
Tamara Hartsgrove, Data Conversion
Brett Glass, Partnership

10. Option to Renew.

The term of the Agreement is a three (3) year term and may be extended up to an additional two (2) one-year renewals by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed five (5) years.

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Exhibit B:

Insurance Requirements
(Information Technology)
Vendor/Consultant shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by the Vendor, its agents, representatives, or employees. Vendor shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.

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 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

4. Crime/Fidelity Bond – Insurance no less than $1,000,000 per occurrence, covering all officers and employees, for loss of proceeds caused by dishonesty.

5. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress,

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invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

Technology Professional Liability Errors & Omissions
Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Vendor.

If the Vendor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

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

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Vendor 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 Consultant’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.

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Primary Coverage
For any claims related to this contract, the Vendor’s insurance coverage shall be primary and non-contributory. Coverage for commercial liability shall be 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 Vendor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess policies. The City of Stockton does not accept endorsements limiting the Vendor’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Vendor 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 Vendor’s primary and excess liability policies are exhausted.

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

Waiver of Subrogation
Vendor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Vendor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Vendor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Vendor 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

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responsibility of Vendor 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 Vendor 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.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A-:VII, unless otherwise acceptable to the City of Stockton.

Claims Made Policies (Professional & Pollution only)
If any of the required policies provide coverage on a claims-made basis:

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 with a Retroactive Date prior to the contract effective date, the Vendor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.

Verification of Coverage
Vendor 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 Vendor’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.

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Subcontractors
Vendor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Vendor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.

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

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EXHIBIT C

GENERAL TERMS AND CONDITIONS

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.

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.

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

9. Contractor’s Status.

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

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 ATTACHMENT A
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control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. 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.

10. Subcontractor.

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

11. Termination.

11. 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.

These obligations shall survive the completion or termination of 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.

19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.

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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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.

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.

31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.

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 34. Other Government Agencies. If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies. Such participating governmental bodies shall make purchases in their own name, make payment directly to successful Proponent and be liable directly to the successful Proponent, holding the City of Stockton harmless.

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EXHIBIT D

GOODS AND SERVICES TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

2. General. The following terms and conditions are applicable for the purchase of goods and 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.

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

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losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

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

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basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. 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.

7. Findings Confidential
All 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.

8. Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.

9. Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or

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advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.

10. Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.

11. Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.

12. Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.

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registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

13. Shipping Terms
City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date specified in the Agreement.

City reserves the right to refuse, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.

14. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere.

15. Price and Quantities

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Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.

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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 Contractor shall be paid fee based upon the following:

Revenue Share Percentage
City of Stockton Alarm Program Systems, LLC
Permit & Renewal Fees 82% 18%
False Alarm Fees 82% 18%
Other Expenses:

Description:

None
Total Estimated Cost: 1. The proposed revenue share will be based on total net collections from permit fees, renewal fees, false
alarm fees, and any other penalty fees associated
with the administration of the alarm program.

2. All postage expenses (first class mailing and
materials), banking lock box fees, and credit card
processing fees incurred administrating the program
will be paid from the gross collections prior to the
revenue share being calculated. These costs will be
itemized on each monthly reconciliation.

3. There are no start-up or additional fees – including start-up, implementation, data conversion,
implementation, technical support, and training

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 as telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the

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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, binding or mailing 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.

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. 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.

2.1 Contractor shall submit an original, itemized invoice to City for approval, before receiving compensation. Contractor shall submit the invoice on the first of each month at no more than monthly intervals. All invoices must include a summary of total costs, description of the services performed, itemization of costs associated with each task, and the total task costs to date.

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2.2 Once invoices are approved, Contractor shall directly deposit payments (by check and electronically) into the designated City bank account via Bill.com.

Invoices shall be submitted to the address below:

City of Stockton Police Department
Attention: Almarosa Vargas Fawal
22 East Weber Avenue, Room 350
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 Interface, correspondence, and process specifications 1-3 weeks of Rollout

1.1.2 Implement and test business, alarm company and citizen web functions 1-3 weeks of Rollout

1.1.3 Midpoint Meeting: Appraise city staff and discuss remaining steps to GoLive date Day 21 at 3 weeks

1.1.4 Registration Implementation 4-6 weeks of Rollout

1.1.5 System Infrastructure and Interface Implementation 4-6 weeks of Rollout

1.1.6 Program Training 4-6 weeks of Rollout

1.1.7 Program Testing 4-6 weeks of Rollout

1.1.8 Final Rollout Meeting Day 41 at approx.

5.5 weeks

1.1.9 Go Live - Begin full-time management of Alarm Intrusion Program

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EXHIBIT G
Not applicable.

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Incident Response Plan
Policy Owner: President
Effective Date: September 21, 2024; Version 3.0
Purpose
This document establishes the plan for managing information security incidents and events and offers guidance for employees or incident responders who believe they have discovered, or are responding to, a security incident.

Scope
This policy covers all information security or data privacy events or incidents.

Incident and Event Definitions
A security event is an observable occurrence relevant to the confidentiality, availability, integrity, or privacy of company-controlled data, systems or networks.

A security incident is a security event which results in loss or damage to confidentiality, availability, integrity, or privacy of company-controlled data, systems or networks.

Incident Reporting & Documentation
Reporting
If an Alarm Program Systems employee, contractor, user, or customer becomes aware of an information security event or incident, possible incident, imminent incident, unauthorized access, policy violation, security weakness, or suspicious activity, then they shall immediately report the information using one of the following communication channels:
● Email [email protected] information or reports about the event or incident1
Reporters should act as a good witness and behave as if they are reporting a crime. Reports should include specific details about what has been observed or discovered.

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Severity
All Alarm Program Systems employees shall monitor incident and event tickets and shall assign a ticket severity based on the following categories.

S3/S4 - Low and Medium Severity
Issues meeting this severity are simply suspicions or odd behaviors. They are not verified and require further investigation. There is no clear indicator that systems have tangible risk and do not require emergency response. This includes a lost/stolen laptop with disk encryption, suspicious emails, outages, strange activity on a laptop, etc.

S2 - High Severity
High severity issues relate to problems where an adversary or active exploitation hasn’t been proven yet, and may not have happened, but is likely to happen. This may include lost/stolen laptops without encryption, vulnerabilities with direct risk of exploitation, threats with risk or adversarial persistence on our systems (e.g.: backdoors, malware), malicious access of business data (e.g.: passwords, vulnerability data, payments information).

S1 - Critical Severity
Critical issues relate to actively exploited risks and involve a malicious actor or threats that put any individual at risk of physical harm. Identification of active exploitation is required to meet this severity category.

Escalation and Internal Reporting
The incident escalation contacts can be found below in Appendix A2.

S1 - Critical Severity: S1 issues require immediate notification to the President of Alarm Program Systems.

S2 - High Severity: A Zendesk ticket must be created, and the appropriate manager (see S1 above) must also be notified via email or slack with reference to the ticket number.

S3/S4 - Medium and Low Severity: A Zendesk ticket must be created and assigned to the President of Alarm Program Systems.

Documentation3
All reported security events, incidents, and response activities shall be documented and adequately protected in Zendesk.

A root cause analysis may be performed on all verified security incidents. A root cause analysis report shall be documented and referenced in the incident ticket. The root cause analysis shall be reviewed by the President of Alarm Program Systems who shall determine if a post-mortem meeting will be called.
3Appendix C – Incident Report Form

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Incident Response Process
For critical issues, the response team will follow an iterative response process designed to investigate, contain exploitation, eradicate the threat, recover system and services, remediate vulnerabilities, and document a post-mortem report including the lessons learned from the incident.

Summary
● Event reported
● Triage and analysis
● Investigation
● Containment & neutralization (short term/triage)
● Recovery & vulnerability remediation
● Hardening & Detection improvements (lessons learned, long term response) Detailed
● The President of Alarm Program Systems will manage the incident response effort ● If necessary, a central “War Room” will be designated, which may be a physical or virtual location (i.e. Slack channel)
● A recurring Incident Response Meeting will occur at regular intervals until the incident is resolved
● Legal and executive staff will be informed as required Incident Response Meeting Agenda
● Update Incident Ticket and timelines
● Document new Indicators of Compromise (IOCs)
● Perform investigative Q&A
● Apply emergency mitigations
● External Reporting / Breach Reporting
● Plan long term mitigations
● Document Root Cause Analysis (RCA)
● Additional items as needed
Special Considerations
Internal Issues
Issues where the malicious actor is an internal employee, contractor, vendor, or partner require sensitive handling. The incident manager shall contact the President of Alarm Program Systems directly and will not discuss with other employees. These are critical issues where follow-up must occur.

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Compromised Communications
Incident responders must have Slack arranged before listing themselves as incident members. If there are IT communication risks, an out of band solution will be chosen, and communicated to incident responders via cell phone.

Root Account Compromise
If an APS Platform/Salesforce/AWS root account compromise is known or expected, refer to the playbook in Appendix B.

Additional Requirements
● Suspected and reported events and incidents shall be documented ● Suspected incidents shall be assessed and classified as either an event or an incident ● Incident response shall be performed according to this plan and any associated procedures. ● All incidents shall be formally documented, and a documented root cause analysis shall be performed
● Incident responders shall collect, store, and preserve incident-related evidence in accordance with industry guidance and best practices such as NIST SP 800-86 ‘Guide to Integrating Forensic Techniques into Incident Response’4 ● Suspected and confirmed unauthorized access events shall be reviewed by the Incident Response Team. Breach determinations shall only be made by the President of Alarm Program Systems.
● Alarm Program Systems shall promptly and properly notify customers, partners, users, affected parties, and regulatory agencies of relevant incidents or breaches in accordance with Alarm Program Systems policies, contractual commitments, and regulatory requirements, as determined by the President of Alarm Program Systems. ● This Incident Response Plan shall be reviewed and formally tested at least annually. Results of IR plan testing activities including findings and lessons learned will be formally documented and maintained to support security, compliance and audit requirements External Communications and Breach Reporting
Executive staff shall confer with technical teams in the event of unauthorized access to company or customer systems, networks, and/or data. President of Alarm Program Systems shall determine if breach reporting or external communications are required. Breaches shall be reported to customers, consumers, data subjects and regulators without undue delay and in accordance with all contractual commitments and applicable legislation.

No personnel may disclose information regarding incidents or potential breaches to any third party or unauthorized person without the approval of legal and/or executive management.

ATTACHMENT A
1075
Mitigation and Remediation
President of Alarm Program Systems shall determine any immediate or long-term mitigations or remedial actions that need to be taken because of an incident or breach. If mitigations or remedial actions are needed, executive staff shall direct personnel with respect to planning, communicating and executing those activities.

Cooperation with Customers, Data Controller and Authorities As needed and determined by legal and executive staff, the company shall cooperate with customers, Data Controllers and regulators, to fulfill all its obligations in the event of an incident or data breach.

Roles & Responsibilities
Every employee and user of any Alarm Program Systems information resources has responsibilities toward the protection of the information assets. The table below establishes the specific responsibilities of the incident responder roles.

Response Team Members
Role Responsibility
Incident Manager
The Incident Manager is the primary and ultimate decision maker during the response period. The Incident Manager is ultimately responsible for resolving the incident and formally closing incident response actions. See Appendix A5 for Incident Manager contact information.

These responsibilities include:
● Ensuring the right people from all functions are actively involved as appropriate
● Communicating status updates to the appropriate person or teams at regular intervals
● Resolving incidents in the immediate term
● Determining necessary follow-up actions
● Assigning follow-up activities to the appropriate people ● Promptly reporting incident details which may trigger breach reporting, in writing to the President of Alarm Program Systems

ATTACHMENT A
1076
Incident Response Team
(IRT)
The individuals who have been engaged are actively working on the incident. All members of the IRT will remain engaged in incident response until the incident is formally resolved, or they are formally dismissed by the Incident Manager.

Engineers (Support and
Development)
Qualified engineers will be placed on the on-call rotation and may act as the Incident Manager (if primary resources are not available) or a member of the IRT when engaged to respond to an incident.

Engineers are responsible for understanding the technologies and components of the information systems, the security controls in place including logging, monitoring, and alerting tools, appropriate communications channels, incident response protocols, escalation procedures, and documentation requirements. When Engineers are engaged in incident response, they become members of the IRT.

Users
Employees and contractors of Alarm Program Systems. Users are responsible for following policies, reporting problems, suspected problems, weaknesses, suspicious activity, and security incidents and events.

Customers
Customers are responsible for reporting problems with their use of Alarm Program Systems services. Customers are responsible for verifying that reported problems are resolved.

Legal Counsel
Responsible, in conjunction with the President of Alarm Program Systems and executive management, for determining if an incident presents legal or regulatory exposure as well as whether an incident shall be considered a reportable breach. Counsel shall review and approve in writing all external breach notices before they are sent to any external party.

Executive Management
Responsible, in conjunction with the CEO and Legal Counsel, for determining if an incident shall be considered a reportable breach.

An appropriate company officer shall review and approve in writing all external breach notices before they are sent to any external party.

Alarm Program Systems shall seek stakeholder consensus when determining whether a breach has occurred. The President of Alarm Program Systems shall make a final breach determination if consensus cannot be reached.

ATTACHMENT A
1077
Management Commitment
President and Vice President of Alarm Program Systems approved this policy and commit to providing the resources, tools and training needed to reasonably respond to identified security events and incidents with the potential to adversely affect the company or its customers.

Violations & Enforcement
Any known violations of this policy should be reported to the President of Alarm Program Systems. Violations of this policy may result in immediate withdrawal or suspension of system and network privileges and/or disciplinary action in accordance with company procedures up to and including termination of employment.

Version Date Description Author Approved by
<1.0> <29-Apr2020>First Version < JH, BG
<2.0> <21-Sep2023>Update JH, BG
<3.0> <21-Sep2024>Update JH, BG

ATTACHMENT A
1078
Appendix A – Management Contact Information
Jim Huchingson
President
Alarm Program Systems LLC
p. 510.267.0414 m. 925.708.8154
[email protected]
Brett Glass
Vice President
Alarm Program Systems LLC
m. 925.788.2346
[email protected]

ATTACHMENT A
1079
Appendix B – Root Account Compromise

1. Preparation (Pre-Incident)
Roles and Responsibilities:
• Incident Response Team (IRT): IT Manager, Security Analyst, Cloud Admin, Legal Counsel.
• Assign a designated Incident Manager (e.g., IT Manager) to coordinate response efforts. • Pre-emptive Measures:
• Enable Multi-Factor Authentication (MFA) on all root/admin accounts (AWS: root user; Salesforce: system admin).
• Limit root account usage; use IAM roles (AWS) or delegated admin profiles (Salesforce) for daily operations.
• Enable logging: AWS CloudTrail, GuardDuty, and S3 access logs; Salesforce Event Monitoring and Login Forensics.
• Maintain an up-to-date asset inventory of AWS resources and Salesforce objects. • Establish a communication plan (e.g., email templates, escalation paths to leadership). • Conduct regular training and tabletop exercises simulating root account compromise.

2. Detection and Analysis
Detection Triggers:
• AWS: Alerts from GuardDuty (e.g., "Root account used to launch EC2"), unexpected cost increases, or CloudTrail anomalies (e.g., API calls from unfamiliar IPs). • Salesforce: Login alerts from unusual geolocations, audit log entries for permission changes, or data export notifications.
• Initial Actions:
• Security Analyst confirms the alert by reviewing logs (CloudTrail for AWS, Event Monitoring for Salesforce).
• Determine scope: Identify affected accounts, resources (e.g., EC2 instances, S3 buckets, Salesforce records), and time/window of compromise.
• Document findings: Record timestamps, IP addresses, and actions taken by the compromised account.

Escalation:

Notify Incident Manager within 1 hour of detection if compromise is confirmed.

ATTACHMENT A
1080

3. Containment
Short-Term Containment:

AWS:
• Immediately lock the root account by changing the password (MFA already active). Use a secure, offline process to generate the new password. • Deny root account access temporarily via an IAM policy. • Isolate affected resources (e.g., detach EC2 instances from security groups, restrict S3 bucket access).

Salesforce:
• Freeze the compromised admin account via the User Management interface. • Temporarily disable all admin logins until the scope is clear. • Revoke active sessions for the compromised account (Setup > Session Management). • Communication:
• Incident Manager notifies the IRT and leadership within 2 hours of containment start.

4. Eradication
Identify Root Cause:
• AWS: Review CloudTrail logs to trace how credentials were compromised (e.g., phishing, leaked keys in a public repo).
• Salesforce: Analyze login history and audit logs to pinpoint the entry vector (e.g., reused password, stolen session token).

Remove Threats:

AWS:
• Terminate unauthorized EC2 instances, delete rogue IAM users/roles, and remove unrecognized access keys.
• Rotate all potentially exposed credentials (root, IAM users, service keys).

Salesforce:
• Delete backdoor accounts and revoke any unauthorized API tokens or OAuth permissions.
• Reset passwords and enforce MFA for all admin users.

Validation:
• Confirm no unauthorized access remains by re-checking logs and resource configurations.

ATTACHMENT A
1081

5. Recovery
Restore Operations:

AWS:
• Reinstate root account access with new credentials and MFA, then transition to IAM roles for ongoing management.
• Restore affected resources from clean backups (e.g., S3 snapshots, EC2 AMIs) if data was altered.

Salesforce:
• Reactivate admin accounts with new credentials and MFA. • Restore any altered permissions or data from backups (e.g., Salesforce Data Loader exports).
• Monitoring:
• Increase log monitoring for 72 hours post-recovery to detect residual malicious activity. • AWS: Set up CloudWatch alarms for root login attempts; Salesforce: Enable real-time login alerts.

6. Post-Incident Activity
• Convene a debrief within 5 business days, led by the Incident Manager. • Document what worked, what failed, and root cause analysis (e.g., "Phishing bypassed employee training").

Improvements:
• Update security policies (e.g., mandate quarterly credential rotation, enhance phishing training).

Reporting:
• Incident Manger drafts an incident report for leadership, including timeline, impact, and remediation steps.
• If required, Legal Counsel oversees external notifications (e.g., regulators, customers).

ATTACHMENT A
1082
Appendix C – Incident Report Form
(To be logged electronically via Zendesk)
Incident Details
Incident ID:
(Assign a unique identifier for tracking)
Date and Time Detected:

System/Application Affected:

Reported By: [Name/Role]
Initial Detection Method:

Incident Manager Assigned: [Name]

1. Detection and Analysis
Time of Confirmation:

Description of Incident:
(Briefly describe what happened)
Indicators Observed:

Scope of Impact:

Affected Accounts/Users:

Affected Systems/Resources:

Time Window of Incident:

Evidence Collected:

2. Containment
Containment Start Time:

Actions Taken:

Restricted access to affected accounts/systems
Isolated affected resources (specify: )
Terminated unauthorized processes or sessions

ATTACHMENT A
1083
Other:

Team Members Involved:

Containment Completion Time:

Communication:

Leadership Notified: [ ] Yes [ ] No (Time: )
Legal Counsel Informed: [ ] Yes [ ] No (Reason: )

3. Eradication
Eradication Start Time:

Root Cause Identified:

Actions Taken:

Removed unauthorized entities (specify: )
Updated or reset affected credentials
Eliminated malicious processes or configurations
Other:

Validation:

Systems re-checked for residual activity (Result: )
Eradication Completion Time:

4. Recovery
Recovery Start Time:

Actions Taken:

Restored access to affected accounts/systems
Restored affected resources from backups (specify: )
Increased monitoring (specify: )
Operational Status:

Fully Restored [ ] Partially Restored (Details: )
Recovery Completion Time:

5. Post-Incident Activity
Debrief Held: [ ] Yes [ ] No (Date/Time: )

ATTACHMENT A
1084
What Worked:

What Failed:

Recommendations:

Final Report Submitted: [ ] Yes [ ] No (Date: )
External Notifications (if applicable):

Regulators [ ] Customers [ ] Third-Party Vendors
Details:

Signatures
Incident Manager:

Name: ___________________________
Signature: ________________________
Date: ___________________________
Incident Response Team:

Name: ___________________________
Signature: ________________________
Date: ___________________________

ATTACHMENT A
1085
City of Stockton
Legislation Text
File #: 25-0458, Version: 1

ADOPT A RESOLUTION TO AUTHORIZE THE UNION STREET SEWER REHABILITATION

PROJECT

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

1. Approve Notice of Exemption No. NOE23-21 under the California Environmental Quality Act for the Union Street Sewer Rehabilitation, Project No. UW21007.

2. Approve the plans and specifications for the Union Street Sewer Rehabilitation, Project No.

UW21007.

3. Award a Construction Contract in the amount of $1,911,307 to DSS Company dba Knife River Construction of Stockton, CA, for the Union Street Sewer Rehabilitation, Project No.

UW21007.

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

Summary
The Municipal Utilities Department (MUD) has implemented a Condition Assessment Program for the City’s sewer infrastructure comprised of Closed-Circuit Televised Video (CCTV) inspection, pipe cleaning, and engineering evaluation. This program generates a prioritized list of sewer replacement and/or rehabilitation projects for inclusion in the City’s Capital Improvement Plan (CIP). A 12-inch diameter sewer trunk line along Union Street was identified for replacement. The project will install a new 15-inch diameter sewer trunk line along Union Street from East Harding Way to East Oak Street (Attachment A). The existing 12-inch diameter sewer trunk line within these limits will be abandoned.

The project was included in the 2020-25 Five-Year CIP.

On March 20, 2025, the City received nine bids for this project. It is recommended that Council award a Construction Contract to the lowest responsible bidder, DSS Company dba Knife River Construction, in the amount of $1,911,307. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE 23-21 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project. Construction is anticipated to be completed by December 2025.

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DISCUSSION
Background
The MUD has implemented a Condition Assessment Program for the City’s sewer infrastructure comprised of CCTV inspection, pipe cleaning, and engineering evaluation. This program generates a prioritized list of sewer replacement and/or rehabilitation projects for inclusion in the City’s CIP. A 12- inch diameter sewer trunk line along Union Street was identified for replacement. The project will install a new 15-inch diameter sewer trunk line along Union Street from East Harding Way to East Oak Street (Attachment A). The existing 12-inch diameter sewer trunk line within these limits will be abandoned. The project was included in the 2020-25 Five-Year CIP.

On March 9, 2021, by Motion No. 2021-03-09-1206, Council approved a Professional Services Contract for design services in the amount of $156,200. On December 28, 2023, Professional Services Contract Amendment No.1 in the amount of $80,800 was approved to increase the lineal footage of sewer line rehabilitation work and extend the design contract. The total length of pipe rehabilitation was extended from 1,000 lineal feet to 1,400 lineal feet and required that some of the pipe be increased in size.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was applied to this project as the estimated construction cost is over $1 million.

Present Situation
On February 13, 2025, the Union Street Sewer Rehabilitation, Project No. UW21007, was advertised for bids. On March 20, 2025, nine bids were received. However, one bidder, JPB Designs, Inc. of Orangeville, CA, was considered non-responsive for failure to follow the direction in the bid schedule as opined by the City Attorney’s Office. The bid from JPB Designs, Inc. would not change the bid order as their bid was ranked number eight. The result of the nine bidders is as follows:

COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
DSS Company dba Knife River, $1,911,307.00 $1,815,741.65 Construction (Stockton, CA)
Soracco, Inc., Lodi, CA $1,955,863.70 $1,916,746.43
(Lodi, CA)
Mozingo Construction, Inc. $2,165,132.00 $2,165,132.00
(Oakdale, CA)
West Rock Engineering $2,218,440.00 $2,218,440.00
(San Francisco, CA)
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DPI, Inc., Livermore, CA $2,242,891.00 $2,242,891.00
(Livermore, CA)
United Pavement Maintenance, Inc. $2,409,392.00 $2,409,392.00 (Hughson, CA)
Golden State Construction & Utility, Inc. $2,442,000.00 $2,442,000.00 (San Francisco, CA)
JPB Designs, Inc. (non-responsive) $2,742,780.00 $2,742,780.00 (Orangeville, CA)
Basset Engineering $2,987,842.00 $2,987,842.00
(San Francisco, CA)
Engineer’s Estimate $2,039,395.00 $2,039,395.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. DSS Company dba Knife River Construction is located within Stockton and is entitled to a five percent bid preference. Soracco, Inc. is located within San Joaquin County and is entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from DSS Company dba Knife River Construction, the lowest responsible bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council approve the plans and specifications, and award a Construction Contract to the lowest responsible bidder, DSS Company dba Knife River Construction of Stockton, CA, in the amount of $1,911,307, for the Union Street Sewer Rehabilitation, Project No. UW21007.

The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(b) of the CEQA Guidelines. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE 23-21 under CEQA. Construction is anticipated to be completed by December 2025.

FINANCIAL SUMMARY
Sufficient funds are available in the Union Street Sewer Rehabilitation, Project No. UW21007, to award a Construction Contract to DSS Company dba Knife River Construction in the amount of $1,911,307.

There is no impact to the City’s General Fund or any other unrestricted fund as a result of taking the recommended actions.

Attachment A - Vicinity Map
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WILSO

AIRPORT WAY
E Harding Way
N Union St
E Oak St

CITY OF STOCKTON

DEPARTMENT OF PUBLIC WORKS

ATTACHMENT A

UNION STREET SANITARY SEWER REHABILITATION,
PROJECT NO. UW21007

PROJECT LOCATION

VICINITY MAP

NOT TO SCALE

PROJECT LIMITS
1089
Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE NOTICE OF EXEMPTION NO. NOE 23-21,

APPROVING THE PLANS AND SPECIFICATIONS, AND AWARDING A

CONSTRUCTION CONTRACT FOR THE UNION STREET SEWER REHABILITATION, PROJECT NO. UW21007
On March 20, 2025, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Union Street Sewer Rehabilitation, Project No. UW21007; and
The Municipal Utilities Department has implemented a Condition Assessment Program for the City’s sewer infrastructure. This program generates a prioritized list of sewer replacement and/or rehabilitation projects for inclusion in the City’s Capital Improvement Plan; and
The project will install a new 15-inch diameter sewer trunk line along Union Street from East Harding Way to East Oak Street. The existing 12-inch diameter sewer trunk line within these limits will be abandoned; and
DSS Company dba Knife River Construction is the lowest responsible bidder in the amount of $1,911,307 and its bid is regular in all respects; and The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(b) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,

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

1. The City Council approves the filing of Notice of Exemption No. NOE 23-21 under the CEQA for the Union Street Sewer Rehabilitation, Project No. UW21007, a copy of which is attached as Exhibit 1 and incorporated by this reference.

2. The City Council approves the plans and specifications for the Union Street Sewer Rehabilitation, Project No. UW21007.

3. The City Council awards a Construction Contract between the City of Stockton and DSS Company dba Knife River Construction, in the amount of $1,911,307, 1090
and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED May 13, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
1091
TO: COUNTY CLERK

COUNTY OF SAN JOAQUIN
6 South El Dorado Street, 2
nd Floor
Stockton, CA 95202

CITY OF STOCKTON

NOTICE OF EXEMPTION
FROM: Lead Agency
City of Stockton
c/o Public Works Department
22 East Weber Avenue, Suite 301
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(8) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062

PROJECT DATA
Project Title: Union Street Sewer Rehabilitation, City Project No. UW21007 CEQA Exemption File No.: NOE23-21
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton's Public Works Department will be upsizing approximately 1,801 lineal feet of an existing 12-inch diameter sanitary sewer line to an 18-inch diameter sewer line along Union Street between Harding Way and Acacia Street. The Project will also abandon a manhole connection sewer pipes in place and construct a new pipe between existing manholes. See attachment A for specific location.

DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):

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

The activity is exempt under the "general rule" at CEQA Guidelines Section15061 (8)(3).

The project is "Statutorily Exempt" per CEQA Guidelines Section: ___ _ _ X_ The project is "Categorically Exempt" per CEQA Guidelines Section 15301 (b).

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.
_2L 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).

CHAD REED, DIRECTOR

PUBLIC WORKS DEPARTMENT
ior Civil Engineer
April 10, 2025
(DATE OF PREPARATION)
(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(8). Said notice or list of notices will remain posted for 35 days from the filing date.

Signature Title
Posting Period Ending Date
EXHIBIT 1
1092
Local Construction Contract – DSS COMPANY dba KNIFE RIVER CONSTRUCTION UNION STREET SEWER REHABILIATION, PROJECT NO. UW21007 (Updated 10/18/23)

CONSTRUCTION CONTRACT
This contract is made and entered into on _____________, by and between DSS COMPANY dba KNIFE RIVER CONSTRUCTION, a State of California Corporation, with a business address at 655 WEST CLAY STREET, STOCKTON, CA 95206, 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 UNION STREET SEWER REHABILITATION, PROJECT NO. UW21007, 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 adopted on _____________, by Council Resolution No. __________________ . 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 Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $1,911,307, 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.

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.

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City Council and Concurrent AuthoritiesMay 13, 2025

City Council and Concurrent Authorities
May 13, 2025