City Council/Successor Agency to the
Redevelopment Agency/Public
Financing Authority/Parking Authority
Concurrent
City of Stockton
Meeting Agenda - - Revised
City Council/Successor
Agency of the
Redevelopment
Agency/Public Financing
Authority/Parking Authority
Concurrent Agenda
Christina Fugazi, Mayor/Chair (At Large)
Jason Lee, Vice Mayor (District 6)
Michele Padilla (District 1)
Mariela Ponce (District 2)
Michael Blower (District 3)
Mario Enríquez (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, June 3, 2025 4:00 PM
Closed Session 4:00 PM :: Regular Session 5:30 PM
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 25-0654 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two
Name of Case: Police Sergeant Michelle Guthrie, (Workers’ Compensation Appeals Board Case Nos.
ADJ16466476, ADJ16466478, ADJ16862000,
ADJ17005184, and ADJ17613528)
Name of Case: Police Officer Jay Scoffield, (Workers’
Compensation Appeals Board Case No.
ADJ9381878)
This Closed Session is authorized pursuant to section 54956.9(d) (1) of the Government Code to discuss matters
pertaining to existing litigation.
Department: City Attorney
3.2 25-0606 CONFERENCE WITH LABOR NEGOTIATOR
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Meeting Agenda - - Revised
Recommended Action: Agency Designated Representative: Interim City Manager; Deputy City Manager; City Attorney; Assistant Director of Human Resources; Brandon Sepulveda, Interim Budget Officer; and Emily Prescott, Sloan Sakai
Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.
Department: Human Resources
3.3 25-0606 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: Interim City Manager; Deputy City Manager; City Attorney; Assistant Director of Human Resources; Brandon Sepulveda, Interim Budget Officer; and Emily Prescott, Sloan Sakai
Employee Organizations: Unrepresented Units, Stockton City Employees' Association, Operating Engineer's Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers' Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.
Department: Human Resources
4. CLOSED SESSION PUBLIC COMMENT*
5. RECESS TO CLOSED SESSION
6. REGULAR SESSION CALL TO ORDER/ROLL CALL
7. INVOCATION/PLEDGE TO FLAG
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
9. ADDITIONS TO REGULAR SESSION AGENDA***
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 25-0655 PROCLAMATION: LGBTQ+ PRIDE MONTH
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Department: Office of the Mayor
10.2 25-0656 PROCLAMATION: NATIONAL PUBLIC WORKS WEEK
Department: Office of the Mayor
11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
12. CONSENT AGENDA
12.1 25-0531 CHANGE TO CITY COUNCIL/SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY/PUBLIC FINANCING
AUTHORITY/PARKING AUTHORITY CONCURRENT MEETING
AGENDA TITLE AND RELATED COUNCIL POLICY 4.02- AGENDAS
Recommended Action: RECOMMENDATION
Staff recommends that Council adopt a resolution changing the City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent meeting agenda title to "City Council and Concurrent Authorities" and adopting related changes to Council Policy 4.02 - Agendas
Department: City Clerk
Attachment A - CPM 4.02 redline
Proposed Resolution - Council Agenda Title
Exhibit 1 - Council Policy 4.02
Attachments:
12.2 25-0577 ACCEPT COMMITTEE MINUTES FOR FILING
Recommended Action: RECOMMENDATION
Accept for filing minutes from Salary Setting Commission Department: City Clerk
Attachments: Attachment A – SSC Minutes
12.3 25-0431 APPROVE A MOTION AUTHORIZING AN AMENDMENT TO THE
MASTER ON-CALL BUILDING PROFESSIONAL SERVICES
AGREEMENT FOR ON-CALL CONTRACT SUPPORT FOR BUILDING
CODE PLAN REVIEW, STRUCTURAL ENGINEERING PLAN
REVIEW, AND INSPECTION SERVICES
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to authorize the City Manager to:
1. Approve proposed Amendment No. 1 to the existing Professional Services Agreement No. 422000862 with CSG Consultants, Inc. of Foster City, CA, and BPR Consulting Group, LLC, Granite Bay, CA, to do the following:
a. Increase funding by $1,400,000.00 for a revised total contract amount not to exceed $3,900,000.00 across the entire vendor pool; and b. Amend the Option to Renew section of the contract to allow for a oneor two-year extension.
2. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of the motion.
Department: Community Development
Attachment A - Professional Services Agreement 422000862 Attachment B - Professional Services Agreement Amendment 1 Attachments:
12.4 25-0141 RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT LOCATED AT 1585 SOUTH UNION
STREET AND 1549 SOUTH UNION STREET
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving the summary vacation of a public utility easement at 1585 South Union Street and 1549 South Union Street;
2. Authorizing the filing of a Notice of Exemption No. NOE 08-25 under the California Environmental Quality Act for the vacation of a public utility easement at 1585 South Union Street and 1549 South Union Street; and
3. Authorizing the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution.
Department: Economic Development
Attachment A - Vicinity Map - 1549 & 1585 S. Union St.
Attachment B - Aerial Map - 1549 & 1585 S. Union St.
Attachment C - SJRTD Repsonse
Proposed Resolution - 1549 & 1585 S. Union St.
Exhibit 1 - Legal Description
Exhibit 2 - Plat
Exhibit 3 - NOE 08-25
Attachments:
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12.5 25-0308 APPROVE MOTION TO AUTHORIZE CONTRACT AMENDMENT
THREE WITH TERRAPHASE ENGINEERING FOR ENVIRONMENTAL
ASSESSMENT AND PATH TO CLOSURE SERVICES AT 130 NORTH
HUNTER STREET
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize Amendment Three with Terraphase Engineering in the amount of $179,750.80 for environmental assessment and path to closure services at 130 North Hunter Street; and
2. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Department: Economic Development
Attachment A - Contract 424000208
Attachment B - Contract Amendment Three
Attachments:
12.6 25-0565 ADOPT A RESOLUTION APPROVING AN ADDITIONAL GRANT
AWARD TO DELTA COMMUNITY DEVELOPERS CORPORATION
FOR THE EDISON HOUSE PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving a $479,000 Prohousing Incentive Pilot (PIP) Program grant to Delta Community Developers Corporation (DCDC) for demolition, abatement, and construction activities at the Edison House Project, located at 645 West Harding Way; and
2. Authorizing the City Manager, or designee, to execute all documents and take any necessary and appropriate actions to carry out the purpose and intent of the Resolution.
Department: Economic Development
Attachment A - Resolution 2023-03-07-1205-01
Attachment B - Resolution 2023-03-07-1205-02
Attachment C - Resolution 2024-10-01-1209
Proposed Resolution
Attachments:
12.7 25-0553 APPROVE A MOTION FOR THE USE OF COOPERATIVE
PURCHASING AGREEMENTS FOR AS-NEEDED PURCHASES FOR
FIREFIGHTING EQUIPMENT, RESCUE TOOLS, AND
ACCESSORIES, FIREFIGHTING PERSONAL PROTECTIVE
EQUIPMENT, AND PUBLIC SAFETY AND EMERGENCY
PREPAREDNESS EQUIPMENT AND RELATED SERVICES
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Recommended Action: RECOMMENDATION
It is recommended that the City Council by motion:
1. Approve findings pursuant to Stockton Municipal Code �3.68.070(A) (5) which support and justify an exception to the competitive bid process.
2. Approve the use of the Sourcewell Cooperative Purchase Agreement No. 020124-LNC with LN Curtis to purchase firefighting equipment, rescue tools, and accessories for a term through April 4, 2028, in a total not-to-exceed amount of $785,000.
3. Approve the use of the Sourcewell Cooperative Purchase Agreement No. 010424-MES with Municipal Emergency Services to purchase firefighting personal protective equipment, for a term through March 27, 2028, in a total not-to-exceed amount of $215,000.
4. Approve Amendment No. 3 to the Agreement with Mallory Safety & Supply for the purchase of public safety and emergency preparedness equipment and related services, utilizing OMNIA Partners Cooperative Purchase Agreement No. 4400008495. Amendment No. 3 increases the not-to-exceed amount by $300,000, for a total not-to-exceed amount of $800,000.
It is also recommended that the Interim City Manager be authorized to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Department: Fire
Attachment A – Mallory Safety and Supply Original Agreement Attachment B – Mallory Safety and Supply Amendment No. 1 Attachment C – Mallory Safety and Supply Amendment No. 2 Attachment D – Mallory Safety and Supply Amendment No. 3 Attachment E – LN Curtis Agreement
Attachment F – MES Agreement
Attachments:
12.8 25-0475 APPROVE A MOTION TO EXTEND THE CALNET NEXTGEN
PARTICIPATING AGREEMENT AND INCREASE EXPENDITURE
AUTHORITY FOR CELLULAR SERVICES WITH AT&T MOBILITY,
VERIZON WIRELESS, AND T-MOBILE
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to utilize the extension of the State of California CALNET NextGeneration (NextGen) contract (Attachment A) for AT&T Mobility cellular voice and data services for the remainder of the contract, which expires on June 30, 2027;
2. Authorize the City Manager to utilize the extension of the State of California CALNET NextGen contract for Verizon Wireless cellular voice and data services (Attachment B) for the remainder of the contract, which expires on June 30, 2027;
3. Authorize the City Manager to utilize the extension of the State of California CALNET NextGen contract for Verizon Wireless CALNET First Responder Cellular Services (Attachment B) for the remainder of the contract, which expires on June 30, 2027;
4. Authorize the City Manager to utilize the State of California CALNET contract with T-Mobile for cellular voice and data services (Attachment C) for the remainder of the contract, which expires on June 30, 2027
5. Authorize the City Manager to utilize the State of California CALNET NextGen contract for T-Mobile CALNET First Responder Cellular Services (Attachment C) for the remainder of the contract, which expires on June 30, 2027;
6. Authorize the City Manager to amend the current AT&T Mobility and Verizon Wireless contracts and enter into a new agreement with T-Mobile for a total estimated amount of $1,587,813 through June 30, 2027;
7. Approve findings that support and justify an exception to the competitive bid process; and
8. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Department: Information Technology
Attachment A - CA ATT CALNET NextGen Cellular Contract
Attachment B - CA Verizon CALNET NextGen Cellular Contract Attachment C - CA T-Mobile CALNET NextGen Cellular Contract Attachments:
12.9 25-0535 ADOPT A RESOLUTION TO AWARD A CONSTRUCTION CONTRACT TO CON J. FRANKE ELECTRIC, INC. FOR THE WILSON WAY
UNDERCROSSING PUMP STATION RECONSTRUCTION
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the filing of Notice of Exemption No. NOE20-25 under the California Environmental Quality Act (CEQA) for the Wilson Way Undercrossing Pump Station Reconstruction (Exhibit 1 to the Resolution).
2. Approve the project Plans and Specifications for the Wilson Way Undercrossing Pump Station Reconstruction (Exhibit 2 to the Resolution).
3. Award a $247,700 Construction Contract to Con J. Franke Electric, Inc of Stockton, CA, for the Wilson Way Undercrossing Pump Station Reconstruction (Exhibit 3 to the Resolution).
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Notice of Exemption
Exhibit 2 - Plans and Specs
Exhibit 3 - Construction Contract
Attachments:
12.10 25-0483 APPROVE MOTION TO EXECUTE A THREE-YEAR AGREEMENT, WITH TWO (2) ADDITIONAL ONE (1) YEAR OPTIONS TO EXTEND
WITH KOEFRAN INDUSTRIES INC, FOR STOCKTON ANIMAL
SHELTER REMOVAL AND DISPOSAL OF DECEASED ANIMALS IN
A TOTAL NOT-TO-EXCEED AMOUNT OF $140,795
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the City Manager to execute a three-year contract with two (2) one-year options to extend between the City of Stockton (City) and Koefran Industries Inc. (Koefran) for the Stockton Animal Shelter's (SAS) removal and disposal of deceased animals in an amount not to exceed $140,795;
2. Approve findings pursuant to Stockton Municipal Code section
3.68.070 in support of an exception to the competitive bidding process; and
3. It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Department: Police
Attachments: Attachment A - Koefran Standard Agreement
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12.11 25-0515 APPROVE MOTION TO EXECUTE A THREE-YEAR AGREEMENT WITH NAVIANT, LLC. FOR HYLAND ONBASE IN AN AMOUNT NOT
TO EXCEED $149,490
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize the Interim City Manager to execute a three-year contract between the City of Stockton (City) and Naviant, LLC. (Naviant) for Hyland OnBase System (OnBase) in an amount not to exceed $149,490;
2. Approve findings pursuant to Stockton Municipal Code section
3.68.070 in support of an exception to the competitive bidding process; and
3. It is further recommended that the Interim City Manager be authorized and directed to make any and all expenditures on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Department: Police
Attachments: Attachment A – Naviant Renewal Agreement
12.12 25-0657 APPROVE THE SECOND FOLLOW-UP RESPONSE TO THE 2023-24 SAN JOAQUIN CIVIL GRAND JURY CASE NUMBER 0123, CRISIS IN
GOVERNMENT
Recommended Action: RECOMMENDATION
It is recommended that the City Council, by motion:
1. Approve the City's second, follow-up response to the 2023-24 San Joaquin Civil Grand Jury Case Number 0123, Crisis in Government.
2. Authorize the City Attorney to submit all approved responses to the San Joaquin County Civil Grand Jury on behalf of the City and Council.
Department: None
Attachment A - 2nd follow-up response to Case No. 0123, Crisis in Gvmt Attachment B - Initial response to Case No. 0123,Crisis in Gvmt Attachment C - October 10, 2024 Staff Report
Attachments:
13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. NEW BUSINESS
16. HEARINGS**
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16.1 25-0537 ADOPTION OF AN ORDINANCE TO AMEND TITLE 16 OF THE
STOCKTON MUNICIPAL CODE TO REFLECT CHANGES TO STATE
LAW AND ACCOMMODATE HOUSING DEVELOPMENT
CONSISTENT WITH THE 2040 STOCKTON GENERAL PLAN
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Recommended Action: RECOMMENDATION
It is recommended that the City Council:
1. Find no further environmental review is required for the proposed amendments to Title 16 (Development Code) under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning) of Title 14 of the California Code of Regulations (State CEQA Guidelines); and
2. Adopt an Ordinance amending the following provisions of the Stockton Municipal Code (SMC) Title 16 (Development Code):
a. Division 1 (Purpose and Applicability of the Development Code), b. Division 2, Chapter 16.16, Section 16.16.020 (Zoning districts established), Chapter 16.20, Section 16.20.020 (Allowable land uses and permit requirements), Chapter 16.24 (Zoning District Development Standards),
c. Division 3, Chapter 16.32, Section 16.32.060 (Graffiti), Section
16.32.070 (Light and Glare), Chapter 16.36 (General Development and Use Standards), Chapter 16.38 (Building Design Standards), Chapter
16.40 (Affordable Housing Incentive/Density Bonus Provisions), Chapter
16.48 (Fences, Hedges, and Walls), Chapter 16.52 (Infill Development Standards), Chapter 16.64, Section 16.64.040 (Number of Parking Spaces Required), Section 16.64.110 (Off-Street Loading Space Standards), Chapter 16.68 (Planned Development (Permit) Standards), Chapter 16.72 (Public Improvements), Chapter 16.80, Section 16.80.020 (Accessory Uses and Structures), Section 16.80.060 (Animal Regulations), Section 16.80.100 (Child care facilities), Section 16.80.120 (Condominium Conversions), Section 16.80.155 (Emergency Shelters), Section 16.80.210 (Mobilehome Parks and Subdivisions), Section
16.80.215 (Multi-Unit Residential), Section 16.80.220 (Multifamily Development), Section 16.80.225 (Co-Living Facilities), Section
16.80.230 (Multi-Use Facilities), Section 16.80.310 (Accessory Dwelling Units and Junior Accessory Dwelling Units), Section 16.80.350 (Urban Agriculture), Section 16.80.360 (Utility Equipment), Section 16.80.375 (Wind Power Equipment), Section 16.80.400 (Supportive and Transitional Housing),
d. Division 5, Chapter 16.112 (Administrative Exception), Chapter 16.164, Section 16.164.060 (Temporary Activity Permits Development Standards), Chapter 16.176, Section 16.176.020 (Waiver Review Authority),
e. Division 6, Chapter 16.196 (Condominium Conversions), Chapter
16.212 (Urban Lot Splits),
f. Division 7, Chapter 16.214 (Requests for Reasonable Accommodation Under the Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act), Chapter 16.220, Section 16.220.105 (Demolition or Relocation of Historic Resources), and
g. Division 8, Chapter 16.240 (Definitions/Glossary), and Chapter 16.250 (Use Classifications).
Department: Community Development
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Attachment A - Planning Commission Resolution
Attachment B - Proposed Amendments (Redline)
Proposed Ordinance
PPT - 16.1 - Amending SMC Title 16
Attachments:
16.2 25-0068 ADOPTION OF A MITIGATED NEGATIVE DECLARATION AND AN ORDINANCE FOR THE PREZONING OF 6505 SOUTH MCKINLEY
AVENUE (APN 193-020-34) TO INDUSTRIAL, LIMITED ZONING FOR
THE PURPOSES OF FUTURE INDUSTRIAL DEVELOPMENT
(APPLICATION NO. P23-0125)
Recommended Action: RECOMMENDATION
It is recommended that the City Council:
1. Adopt a Resolution certifying a Mitigated Negative Declaration for the Project; and
2. Adopt an Ordinance for the Prezoning of Assessor Parcel Number 193-020-34 to Industrial, Limited (IL), and
3. Adopt a Resolution authorizing the filing of an annexation application with the San Joaquin Local Agency Formation Commission; and
4. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the approved resolutions and ordinance.
Department: Community Development
Attachment A - Location Map and Aerial Photo
Attachment B - Zoning Map
Attachment C - General Plan Land Use Map
Attachment D - Conceptual Project Plans
Attachment E - Prezoning Description
Proposed Resolution - Mitigated Negative Declaration
Exhibit 1 - Mitigated Negative Declaration
Proposed Ordinance
Exhibit 1 - Prezoning Exhibit
PPT - 16.2 - 6505 South McKinley Avenue
Attachments:
16.3 25-0441 PUBLIC HEARING TO ACCEPT THE ECONOMIC DEVELOPMENT SUBSIDY 2024 ANNUAL REPORT
Recommended Action: RECOMMENDATION
It is recommended that the City Council, by motion, accept the Economic Development Subsidy 2024 Annual Report, which includes all subsidies the City has provided for economic development purposes over $100,000.
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Department: Community Development
Attachment A - Government Code 53083
Attachment B - AB 562 Annual Report 2024
PPT - 16.3 - Economic Development Subsidy
Attachments:
16.4 25-0601 STOCKTON ECONOMIC STIMULUS PROGRAM (SESP) UPDATE
AND CONSIDERATION OF POTENTIAL PROGRAM AMENDMENTS
Recommended Action: RECOMMENDATION
It is recommended that City Council receive a program update and consider information regarding program performance to determine what, if any, amendments are warranted and act accordingly.
Department: Community Development
Attachment A - UOP Study
Attachment B - Resolution 2015-11-17-1602
Attachment C - Resolution 2018-07-17-1302
Attachment D - Motion 2019-08-20-1405
Attachment E - SESP Summary Unit Counts
PPT - 16.4 - SESP Update
Attachments:
16.5 25-0289 ADOPT THE BUDGET FOR THE FISCAL YEAR 2025-26 STOCKTON
CONSOLIDATED LANDSCAPE MAINTENANCE ASSESSMENT
DISTRICT NO. 96-2
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Recommended Action: RECOMMENDATION
This public hearing is to consider public comments and testimony regarding the Fiscal Year (FY) 2025-26 Stockton Consolidated Landscape Maintenance Assessment District No. 96-2 (Consolidated Landscape District) Annual Engineer's Report, budget, and levy of assessments.
After the public hearing, if owners of more than 50 percent of the area of assessable lands within the Consolidated Landscape District have not protested the proposed levy of annual maintenance assessments, it is recommended that the City Council adopt a resolution to:
1. Overrule any and all protests or objections (including all written protests not withdrawn in writing before the conclusion of the public hearing) to the proposed levy of assessments in the Consolidated Landscape District in each zone.
2. Approve and adopt the Consolidated Landscape District's Annual Engineer's Report for the FY 2025-26 containing the budget for each zone and confirm and levy the assessments for each zone as set forth in the Annual Engineer's Report.
3. Certify that the special assessment(s), fee(s), or charge(s) to be placed on the FY 2025-26 Secured Property Tax bill by the City of Stockton are certified to meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the California State Constitution.
4. Confirm that the assessments of the annual amount of costs and expenses for the maintenance and operation of the improvements upon the assessable lands in the Consolidated Landscape District, as contained in the Annual Engineer's Report, shall be levied and collected for FY 2025-26. The assessments are in compliance with all laws pertaining to the levy of the annual assessment (State of California Streets and Highways Code Section 22500). The assessments are levied without regard to property valuation. The purpose of the assessments is to pay the costs and expenses for maintenance and operation of public parks and landscape improvements in public rights-of-way and public open spaces.
5. Authorize the City Manager or designee, on behalf of the City Clerk, to file the assessments or a copy thereof certified by the City Clerk with the San Joaquin County Auditor and cause the assessments to be entered on the FY 2025-26 tax roll for the parcels in the Consolidated Landscape District and each zone within the Consolidated Landscape District as set forth in the Annual Engineer's Report on file with the City Clerk.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
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Attachment A - Vicinity Map
Attachment B - Proposed FY 2025-26 Budget
Attachment C - Summary of Zones
Proposed Resolution
PPT - 16.5 - Con Landscape Maintenance Assessment District Attachments:
16.6 25-0290 ADOPT THE BUDGET FOR THE FISCAL YEAR 2025-26 CENTRAL
STOCKTON LIGHTING MAINTENANCE ASSESSMENT DISTRICT
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Recommended Action: RECOMMENDATION
This public hearing is to consider public comments and testimony regarding the Fiscal Year (FY) 2025-26 Central Stockton Lighting Maintenance Assessment District (District) Annual Engineer's Report, budget, and levy of assessments.
After the public hearing, if owners of more than 50 percent of the area of assessable lands within the District have not protested the proposed levy of annual maintenance assessments, it is recommended that the City Council adopt a resolution to:
1. Overrule any and all protests or objections (including all written protests not withdrawn in writing before the conclusion of the public hearing) to the proposed levy of assessments in the District in each zone.
2. Approve and adopt the District's Annual Engineer's Report for the FY 2025-26 containing the budget for each zone and confirm and levy the assessments for each zone as set forth in the Annual Engineer's Report.
3. Certify that the special assessment(s), fee(s), or charge(s) to be placed on the FY 2025-26 Secured Property Tax bill by the City of Stockton are certified to meet the requirements of Proposition 218 that added Articles XIIIC and XIIID to the California State Constitution.
4. Confirm that the assessments of the annual amount of costs and expenses for the maintenance and operation of the improvements upon the assessable lands in the District, as contained in the Annual Engineer's Report, shall be levied and collected for FY 2025-26. The assessments are in compliance with all laws pertaining to the levy of the annual assessment (State of California Streets and Highways Code Section 22500). The assessments are levied without regard to property valuation. The purpose of the assessments is to pay the costs and expenses for administration, maintenance, and operation of the Central Stockton Lighting Maintenance Assessment District, Zone 4, Oxford Manor.
5. Authorize the City Manager or designee, on behalf of the City Clerk, to file the assessments or a copy thereof certified by the City Clerk with the San Joaquin County Auditor and cause the assessments to be entered on the FY 2025-26 tax roll for the parcels in the District, Zone 4, Oxford Manor, as set forth in the Annual Engineer's Report on file with the City Clerk.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Public Works
Attachment A - Vicinity Map
Attachment B - Proposed FY 2025-26 Budget
Proposed Resolution
PPT - 16.6 - Lighting Maintenance Assessment District
Attachments:
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Meeting Agenda - - Revised
16.7 25-0536 HOLD PUBLIC HEARING FOR THE APPROVAL OF THE ANNUAL ENGINEER’S REPORT, FY 2025-26 ANNUAL BUDGETS, AND
CONFIRM AND LEVY ASSESSMENTS FOR THE STOCKTON
CONSOLIDATED STORM DRAINAGE MAINTENANCE ASSESSMENT
DISTRICT NO. 2005-1
Recommended Action: RECOMMENDATION
The City Council, at its meeting on April 15, 2025, preliminarily approved and confirmed the Engineer's estimate of costs and expenses of the Consolidated Storm Drainage Maintenance Assessment District 2005-1 (District) and the annual assessments related thereto and set a required public hearing for June 3, 2025.
It is recommended that the City Council now conduct a public hearing to consider public comment and testimony regarding the approval and adoption of the annual budgets and assessment rolls for the District.
After the public hearing, if a majority protest based on the assessment amount does not exist, it is recommended that the City Council adopt a resolution to:
1. Overrule all public hearing protests or objections (including all written protests not withdrawn in writing before the conclusion of the public hearing).
2. Approve and adopt the District Annual Engineer's Report for the Fiscal Year (FY) 2025-26, which contains the budget for each zone.
3. Confirm and levy the assessments for each zone as set forth in the Report.
4. File the assessments or a copy thereof, certified by the City Clerk or other City Official, with the San Joaquin County Auditor and cause the assessments to be entered on the FY 2025-26 tax roll as set forth in the Annual Engineer's Report on file with the City Clerk.
It is further recommended that the City Manager be authorized to take all appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Attachment A - District Zones Location Map
Attachment B - Summary of Zone Budgets
Attachment C - Consolidated Storm Drainage Maintenance District Locations Proposed Resolution
PPT - 16.7 - Cons Storm Drainage Basin Main District
Attachments:
16.8 25-0538 HOLD PUBLIC HEARING FOR THE APPROVAL OF THE ENGINEER’S REPORTS, FY 2025-26 ANNUAL BUDGETS, AND
ASSESSMENTS FOR INDUSTRIAL STORM DRAINAGE BASIN
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Meeting Agenda - - Revised
MAINTENANCE DISTRICTS
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Meeting Agenda - - Revised
Recommended Action: RECOMMENDATION
It is recommended that the City Council conduct the public hearing called for at its meeting on April 15, 2025, to consider public comment and testimony regarding the approval and adoption of the annual budgets and assessment rolls for the six special districts listed below (each, a "District").
At the conclusion of the public hearing, if less than fifty percent of the owners of the assessable lands within a District file a protest of the proposed levy of annual maintenance assessments, it is recommended that the City Council adopt resolutions to:
1. Overrule all public hearing protests or objections (including all written protests not withdrawn in writing before the conclusion of the public hearing) to the proposed levy of assessments in each District, provided, as to each District, no majority protest exists.
2. Approve and adopt the preliminary Fiscal Year (FY) 2025-26 annual budget for each District.
3. Confirm and levy FY 2025-26 assessments for each of the following six industrial storm drainage basin maintenance Assessment Districts (Districts):
1) Western Pacific Industrial Park Storm Drainage Basin Maintenance District, Project Number 81-1 (Western Pacific)
2) Charter Way Industrial Site Storm Drainage Basin Maintenance District, Project Number 86-4 (Charter Way)
3) Arch Road Industrial Park Storm Drainage Basin Maintenance District, Project Number 84-2 (Arch Road)
4) Airport Gateway Center Storm Drainage Basin Maintenance District, Project Number 96-03 (Airport Gateway)
5) Stockton Airport Business Center Storm Drainage Basin Maintenance District, Project Number 84-1 (Stockton Airport)
6) North Newcastle Storm Pump Station and Basin Maintenance District, Project Number 20-1 (North Newcastle)
4. Approve and adopt the Engineer's Reports (Reports) showing the FY 2025-26 assessments and the adjusted drainage acres to be used in assessing the costs and expenses in connection therewith as the method of assessment to be used to pay the costs and expenses of the maintenance and operation.
5. Approve, confirm, and levy the assessments, as described in the Reports, of the annual amount of costs and expenses to maintain and operate the improvements upon the several subdivisions of land in each District, in proportion to the estimated benefits to be received by said subdivisions from the operation of said improvements and of the related City of Stockton Page 19 Printed on 5/29/2025
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Meeting Agenda - - Revised
incidental expenses as described in each respective Report.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of these resolutions.
Department: Municipal Utilities
Attachment A - Storm Drainage Basin Districts Locations Map Attachment B - District Budgets and Fund Balance Projections Proposed Resolution - Airport Gateway Center
Proposed Resolution - Arch Road Industrial Park
Proposed Resolution - Charter Way Industrial
Proposed Resolution - North Newcastle
Proposed Resolution - Stockton Airport Business Center
Proposed Resolution - Western Pacific Industrial Park
PPT - 16.8 - Ind Storm Drainage Basin Main District
Attachments:
16.9 25-0478 2025 PUBLIC HEARING ON WORKFORCE VACANCIES,
RECRUITMENT, AND RETENTION EFFORTS PURSUANT TO
GOVERNMENT CODE SECTION 3502.3 (AB 2561)
Recommended Action: RECOMMENDATION
It is recommended that the City Council conduct a public hearing and accept the City of Stockton's Annual Workforce Vacancy, Recruitment, and Retention report pursuant to Government Code Section 3502.3.
Department: Human Resources
Attachment A - Assembly Bill 2561
PPT - 16.9 - 2025 Annual Workforce Report
Attachments:
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
INFORMATIONAL ITEMS
1 25-0614 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.
Department: City Clerk
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Financing Authority/Parking
Authority Concurrent
Meeting Agenda - - Revised
Audit 2023-10-26
Audit 2024-01-29
Audit 2025-02-26
Audit 2025-04-14
Center Site 2023-04-21
CSC 2025-04-17
Leg 2024-01-17
Attachments:
CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on May 29, 2025 in compliance with the Brown Act.
Katherine Roland, CMC, CPMC
City Clerk
By: ________________________________
Deputy
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Authority Concurrent
Meeting Agenda - - Revised
PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. The time limit for public comment is four (4) minutes and remains at the discretion of the presiding officer and changes shall be set at the start of the meeting. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.
The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:
1. Email - you may email your comments to [email protected]
2. Voicemail - you can leave a voice message by dialing (209) 937-8459.
3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. b) Address only issues over which the meeting body has jurisdiction. c) The time limit for public comment is at the discretion of the presiding officer and shall be set at the start of the meeting. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached to the minutes. All comments received after that time will be forwarded as correspondence the following business day. Written and voicemail comments will not be read into the record.
Council Policy Manual Chapter 4.07 DECORUM
§ 4.07.010 Policy.
1) COUNCILMEMBERS
The City Council will practice civility and decorum in their discussions and debate. Councilmembers will value each other's time and will preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, use personal, impertinent or slanderous remarks, nor disturb any other member while that member is speaking or refuse to obey the orders of the presiding officer or the Council, except as otherwise provided herein.
A) All Councilmembers have the opportunity to speak and agree to disagree but no Councilmember shall speak twice on any given subject unless all other Councilmembers have been given the opportunity to speak.
B) The Mayor has the affirmative duty to maintain order. The City Council will honor the role of the Mayor in maintaining order. If a Councilmember believes the Mayor is not maintaining order, the Councilmember may move that the Vice-Mayor enforce the rules of decorum and otherwise maintain order. If that motion receives a second and is approved by a Council majority, the Vice-Mayor shall enforce the rules of decorum and maintain order.
C) Any Councilmember who violates the rules repeatedly shall be sanctioned by the City Council, including, but not limited to, barring the Councilmember from further participation (other than voting) on the subject. 2) PERSONS ADDRESSING THE CITY COUNCIL
Persons addressing the Council shall not make personal, impertinent, unduly repetitive, slanderous or profane remarks to the Council, any member of the Council, City staff or the general public, nor utter loud, threatening, personal or abusive language, nor engage in any other conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of the Council meeting. Any person who makes such remarks, who utters loud, threatening, personal or abusive language, who is unduly repetitious or engages in extended discussion of irrelevancies, or who engages in any disorderly conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of City of Stockton Page 22 Printed on 5/29/2025
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Meeting Agenda - - Revised
the Council, be barred from further audience before the Council during that meeting. 3) ENFORCEMENT
The rules of decorum set forth above shall be enforced in the following manner:
Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her to leave the Council meeting. If such person does not remove himself or herself, the presiding officer may order any law enforcement officer who is on duty at the meeting to remove that person from the Council Chambers.
4) RULES PERTAINING TO SIGNS, OBJECTS, SYMBOLIC MATERIALS, AND FIRE SAFETY WITHIN THE
COUNCIL CHAMBERS DURING COUNCIL MEETINGS
A) Objects and symbolic materials such as signs which do not have sticks attached or otherwise create any fire or safety hazards will be allowed within the Council Chamber during Council meetings provided that they are not so large as to infringe upon the space of those in adjacent areas, and are no wider on their longest side than the audience chairs.
B) Persons with objects and symbolic materials such as signs must remain seated when displaying them except when making an oral presentation to the Council and must not raise them above shoulder level or otherwise use them to obstruct vision or passage or disturb the conduct of the Council meeting. Such materials may not be placed on or against the walls, doors or furniture or in the aisles.
C) Exits shall not be obstructed in any manner. Obstructions, including storage, shall not be placed in aisles or other exit ways. Hand carried items must be stored so that such items do not inhibit passage in aisles or other exit ways.
D) Exit ways shall not be used in any way that will present a hazardous condition.
E) Overcrowding and admittance of persons beyond the approved capacity of a place of assembly are prohibited.
F) The Fire Marshal may establish designated areas for media equipment. 5) PERSONS AUTHORIZED WITHIN RAIL
No person except City officials and City staff shall be permitted within the rail in front of the City Council dais without the express consent of the presiding officer.
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23 City of Stockton
Legislation Text
File #: 25-0654, Version: 1
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: Two
Name of Case: Police Sergeant Michelle Guthrie, (Workers’ Compensation Appeals Board Case Nos. ADJ16466476, ADJ16466478, ADJ16862000,
ADJ17005184, and ADJ17613528)
Name of Case: Police Officer Jay Scoffield, (Workers’ Compensation Appeals Board Case No. ADJ9381878)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters pertaining to existing litigation.
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City of Stockton
Legislation Text
File #: 25-0606, Version: 1
CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Interim City Manager; Deputy City Manager; City Attorney; Assistant Director of Human Resources; Brandon Sepulveda, Interim Budget Officer; and Emily Prescott, Sloan Sakai
Employee Organizations: Unrepresented Units, Stockton City Employees’ Association, Operating Engineer’s Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers’ Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.
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City of Stockton
Legislation Text
File #: 25-0655, Version: 1
PROCLAMATION: LGBTQ+ PRIDE MONTH
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City of Stockton
Legislation Text
File #: 25-0656, Version: 1
PROCLAMATION: NATIONAL PUBLIC WORKS WEEK
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City of Stockton
Legislation Text
File #: 25-0531, Version: 1
CHANGE TO CITY COUNCIL/SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY/PUBLIC FINANCING AUTHORITY/PARKING AUTHORITY CONCURRENT MEETING AGENDA TITLE AND RELATED COUNCIL POLICY 4.02- AGENDAS
RECOMMENDATION
Staff recommends that Council adopt a resolution changing the City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent meeting agenda title to “City Council and Concurrent Authorities” and adopting related changes to Council Policy 4.02 - Agendas
Summary
The current title for Council Meetings lists all meeting bodies that are held concurrently. With additional meeting bodies, the title length has increased. Staff recommends changing the title to “City Council and Concurrent Authorities” and reflecting the change in title as well as listing the Concurrent Authorities in Council Policy 4.02 - Agendas
DISCUSSION
Background
Prior to concurrency, each meeting body would have a separate agenda and meeting time. To reduce the need for multiple meetings when the City Council must serve in another role, the City Council has authorized those meeting bodies to operate concurrently. By having a concurrent agenda for all meeting bodies, the Council can facilitate the meetings using one agenda.
Overtime, as additional meeting bodies were added, the Council agenda title has increased in length, creating the title as it reads today, “City Council/Successor Agency to the Redevelopment Agency/Public Financing Authority/Parking Authority Concurrent.” Present Situation
Currently, the City Council is also operating as the Groundwater Sustainability Agency (GSA). The Council Water Committee determined that it was unnecessary to add the GSA to the Council’s already lengthy title. Adding the GSA would extend the title into a fifth line on the agenda header and require reformatting. Without the GSA, there is lack of clarity that the Council may also operate as the GSA.
Rather than create a longer title, staff recommends changing the title to read “City Council and City of Stockton Page 1 of 2 Printed on 5/29/2025
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File #: 25-0531, Version: 1
Concurrent Authorities” and reflecting the change in title as well as listing the Concurrent Authorities in Council Policy 4.02 - Agendas (Attachment A - CPM 4.02 redline).
This update to Council Policy 4.02 will resolve all current authorities and any new bodies will be added after they are created through an update to this policy.
FINANCIAL SUMMARY
There are no financial impacts by taking this action.
Attachment A - CPM 4.02 redline
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City of Stockton, CA
§ 4.02.010 § 4.02.010
Downloaded from https://ecode360.com/ST5019 on 2025-04-24 CHAPTER 4.02
AGENDAS
§ 4.02.010. Policy.
1) The City of Stockton's City Council follows consistent policies and procedures regarding Council meeting agenda preparation and posting. Items presented to the City Council are the principal responsibility of the City Manager who shall be accountable for the Agenda material and content.
2) In addition to complying with this policy, the City Manager will maintain and update an administrative directive and detailed citywide policy regarding the preparation and posting of Council meeting agendas.
3) The City Manager shall prepare an agenda for City Council and Concurrent Authorities meetings and, when necessary, for the Successor Agency of the Redevelopment Agency of the City of Stockton ("Successor Agency"), in accordance with the proposed order of business and shall provide each member of the Council /Successor Agency, the City Clerk, City Attorney and City Auditor with a copy of the agenda at least 72 hours before each regular meeting of the City Council and Concurrent Authorities/Successor Agency. The Council/Successor AgencyCity Council and Concurrent Authorities isare prohibited from taking action on any item not appearing on the agenda unless a Council/Successor Agencythe City Council and Concurrent Authorities by a two-thirds vote majority determines that an "emergency situation" as that term is defined in Section 2.04.050 of the Stockton Municipal Code exists or that one of the exceptions under Government Code, Section 54954.2(b) applies.
A) City Council Concurrent Authorities;
• Successor Agency to the Redevelopment Agency
• Public Financing Authority
• Parking Authority
3)• Groundwater Sustainability Agency
4) The City Manager will use discretion to determine which items should be placed on the consent agenda but the City Manager will not place an item on the consent calendar if it appears the Council will need more information or have specific questions as to the item, the public needs to hear the information concerning the item or the highlight will highlight positive accomplishments of the City. The Council/Successor AgencyCity Council and Concurrent Authorities may consider all items on the consent agenda at one time by roll call vote after a motion to approve such consent items has been made and seconded. 5) New business except Council/Successor AgencyCity Council and Concurrent Authorities comments and committee reports will not be considered after 11:00 p.m. 6) The Mayor and City Manager will decide what items to place on the Council's regular meeting agenda. Any Councilmember may request the Mayor to place an item on the agenda. If the Mayor does not agree to do so, the item will nevertheless be placed on a future agenda if, during an open session, the requesting Councilmember and at least one other Councilmember makes the request.
Attachment A
30 City of Stockton, CA
§ 4.02.010 § 4.02.010
Downloaded from https://ecode360.com/ST5019 on 2025-04-24 7) Other than for legally required second readings, no agenda item that the Council has voted on at a Council meeting shall appear on the agenda again so as to present the same or substantially the same question for Council consideration unless any one of the following has occurred:
A) A motion for reconsideration regarding the item has been passed pursuant to Rosenberg's Rules of Order.
Attachment A
31 City of Stockton, CA
§ 4.02.010 § 4.02.070
Downloaded from https://ecode360.com/ST5019 on 2025-04-24 B) Six months have passed since the last meeting at which the item was voted on.
C) A majority of the entire Council membership has requested to have the item on the agenda again.
8) POSTING OF AGENDA
The City Clerk shall post an agenda in a location which is freely accessible to the public at least 72 hours before each regular meeting of the City Council. § 4.02.020. Responsibilities.
City Manager:
Accountable for the Agenda material and content.
Decide what items to include on regular meeting agenda.
Place items on regular meeting agenda as requested by Mayor and Council. § 4.02.030. Relevant authority.
Stockton Municipal Code Section 2.04.050.
Government Code Section 54954.2(b).
§ 4.02.040. Related administrative directive, city policy, city procedure.
Administrative Directive - Communication with City Council <IV.D> Citywide Policy - Reporting to the City Council <IV.D.a> § 4.02.050. Related forms, documents, or links.
Resolution Template: <Link>
Sample Council Meeting Agenda: <Link>
Transmittal Sheet Form: <Link>
Presentation Template: <Link>
Council Staff Report Template: <Link>
Public Hearing Template: <Link>
Council Committee Meeting Report Templates: <Link>
§ 4.02.060. Frequently asked questions.
None applicable.
Attachment A
32 City of Stockton, CA
§ 4.02.070 § 4.02.070
Downloaded from https://ecode360.com/ST5019 on 2025-04-24 § 4.02.070. Update history.
3/16/81 - Adopted by Resolution No. 38,095
2/22/82 - Amended by Resolution No. 38,894
4/21/86 - Amended by Resolution No. 86-0222
10/26/87 - Amended by Resolution No. 87-0583
5/7/90 - Amended by Resolution No. 90-0286
2/4/92 - Amended by Resolution No. 91-0110
6/7/93 - Amended by Resolution No. 93-0377
2/23/10 - Amended by Resolution No. 10-0041
12/17/13 - Amended by Resolution No. 2013-12-17-1213
1/26/16 - Amended by Resolution No. 2016-01-26-1203
Attachment A
33 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING A CHANGE TO THE CITY COUNCIL/SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY/PUBLIC FINANCING
AUTHORITY/PARKING AUTHORITY CONCURRENT MEETING AGENDA TITLE AND RELATED COUNCIL POLICY 4.02 - AGENDAS
City Council Policy Manual Chapter 4.02 – Agendas, establishes policies for Council meeting agendas; and
The City Council meets as a concurrent authority with an extended list of authorities included in the agenda title; and
The City Council has determined that Council Policy 4.02 is a more efficient way to update concurrent authorities as they are added; and The City Council desires to change the City Council agenda title; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council authorizes the City Council Agenda title to be changed to read, “City Council and Concurrent Authorities;” and
2. Council policy 4.02 to be updated to reflect the title changes as well as list the concurrent authorities as reflected in Exhibit 1 of this Resolution.
PASSED, APPROVED, and ADOPTED June 3, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
34 City of Stockton, CA
§ 4.02.010 § 4.02.010
Downloaded from https://ecode360.com/ST5019 on 2025-04-24 CHAPTER 4.02
AGENDAS
§ 4.02.010. Policy.
1) The City of Stockton's City Council follows consistent policies and procedures regarding Council meeting agenda preparation and posting. Items presented to the City Council are the principal responsibility of the City Manager who shall be accountable for the Agenda material and content.
2) In addition to complying with this policy, the City Manager will maintain and update an administrative directive and detailed citywide policy regarding the preparation and posting of Council meeting agendas.
3) The City Managershall prepare an agenda for City Council and Concurrent Authorities meetings in accordance with the proposed order of business and shall provide each member of the Council the City Clerk, City Attorney and City Auditor with a copy of the agenda at least 72 hours before each regular meeting of the City Council and Concurrent Authorities. The City Council and Concurrent Authorities are prohibited from taking action on any item not appearing on the agenda unless the City Council and Concurrent Authorities by a two-thirds vote majority determines that an "emergency situation" as that term is defined in Section
2.04.050 of the Stockton Municipal Code exists or that one of the exceptions under Government Code, Section 54954.2(b) applies.
A) City Council Concurrent Authorities;
• Successor Agency to the Redevelopment Agency
• Public Financing Authority
• Parking Authority
• Groundwater Sustainability Agency
4) The City Manager will use discretion to determine which items should be placed on the consent agenda but the City Manager will not place an item on the consent calendar if it appears the Council will need more information or have specific questions as to the item, the public needs to hear the information concerning the item or the highlight will highlight positive accomplishments of the City. The City Council and Concurrent Authorities may consider all items on the consent agenda at one time by roll call vote after a motion to approve such consent items has been made and seconded.
5) New business, except City Council and Concurrent Authorities comments and committee reports, will not be considered after 11:00 p.m.
6) The Mayor and City Manager will decide what items to place on the Council's regular meeting agenda. Any Councilmember may request the Mayor to place an item on the agenda. If the Mayor does not agree to do so, the item will nevertheless be placed on a future agenda if, during an open session, the requesting Councilmember and at least one other Councilmember makes the request.
7) Other than for legally required second readings, no agenda item that the Council has voted on at a Council meeting shall appear on the agenda again so as to present the same or Exhibit 1
35 City of Stockton, CA
§ 4.02.010 § 4.02.010
Downloaded from https://ecode360.com/ST5019 on 2025-04-24 substantially the same question for Council consideration unless any one of the following has occurred:
A) A motion for reconsideration regarding the item has been passed pursuant to Rosenberg's Rules of Order.
Exhibit 1
36 City of Stockton, CA
§ 4.02.010 § 4.02.070
Downloaded from https://ecode360.com/ST5019 on 2025-04-24 B) Six months have passed since the last meeting at which the item was voted on.
C) A majority of the entire Council membership has requested to have the item on the agenda again.
8) POSTING OF AGENDA
The City Clerk shall post an agenda in a location which is freely accessible to the public at least 72 hours before each regular meeting of the City Council. § 4.02.020. Responsibilities.
City Manager:
Accountable for the Agenda material and content.
Decide what items to include on regular meeting agenda.
Place items on regular meeting agenda as requested by Mayor and Council. § 4.02.030. Relevant authority.
Stockton Municipal Code Section 2.04.050.
Government Code Section 54954.2(b).
§ 4.02.040. Related administrative directive, city policy, city procedure.
Administrative Directive - Communication with City Council <IV.D> Citywide Policy - Reporting to the City Council <IV.D.a> § 4.02.050. Related forms, documents, or links.
Resolution Template: <Link>
Sample Council Meeting Agenda: <Link>
Transmittal Sheet Form: <Link>
Presentation Template: <Link>
Council Staff Report Template: <Link>
Public Hearing Template: <Link>
Council Committee Meeting Report Templates: <Link>
§ 4.02.060. Frequently asked questions.
None applicable.
Exhibit 1
37 City of Stockton, CA
§ 4.02.070 § 4.02.070
Downloaded from https://ecode360.com/ST5019 on 2025-04-24 § 4.02.070. Update history.
3/16/81 - Adopted by Resolution No. 38,095
2/22/82 - Amended by Resolution No. 38,894
4/21/86 - Amended by Resolution No. 86-0222
10/26/87 - Amended by Resolution No. 87-0583
5/7/90 - Amended by Resolution No. 90-0286
2/4/92 - Amended by Resolution No. 91-0110
6/7/93 - Amended by Resolution No. 93-0377
2/23/10 - Amended by Resolution No. 10-0041
12/17/13 - Amended by Resolution No. 2013-12-17-1213
1/26/16 - Amended by Resolution No. 2016-01-26-1203
Exhibit 1
38 City of Stockton
Legislation Text
File #: 25-0577, Version: 1
ACCEPT COMMITTEE MINUTES FOR FILING
RECOMMENDATION
Accept for filing minutes from Salary Setting Commission Attachment A - SSC Minutes
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Attachment A
40 Attachment A
41 Attachment A
42 City of Stockton
Legislation Text
File #: 25-0431, Version: 1
APPROVE A MOTION AUTHORIZING AN AMENDMENT TO THE MASTER ON-CALL BUILDING
PROFESSIONAL SERVICES AGREEMENT FOR ON-CALL CONTRACT SUPPORT FOR
BUILDING CODE PLAN REVIEW, STRUCTURAL ENGINEERING PLAN REVIEW, AND
INSPECTION SERVICES
RECOMMENDATION
It is recommended that the City Council approve a motion to authorize the City Manager to:
1. Approve proposed Amendment No. 1 to the existing Professional Services Agreement No. 422000862 with CSG Consultants, Inc. of Foster City, CA, and BPR Consulting Group, LLC, Granite Bay, CA, to do the following:
a. Increase funding by $1,400,000.00 for a revised total contract amount not to exceed $3,900,000.00 across the entire vendor pool; and
b. Amend the Option to Renew section of the contract to allow for a one- or two-year extension.
2. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of the motion.
Summary
Due primarily to the cyclical nature of development, the Community Development Department (CDD) regularly contracts for various types of on-call services. In the past three years, the demand for building code plan review and inspection services has outpaced staffing levels. Further, CDD requires the services of an array of various experts that are not needed in a full-time capacity but are accessible through consultants. Structural and Mechanical Engineers and Certified Access Specialists (CASp), for example, are necessary for operations but are only needed on a case-bycase basis.
In 2022, the City entered into Professional Services Agreement No. 422000862 with CSG Consultants, Inc. of Foster City, CA and BPR Consulting Group, LLC, of Granite Bay, CA to provide such services. Both consulting firms have performed well during the course of the original three-year agreement.
Staff recommends Council take the recommended action to approve Amendment No. 1 to Agreement No. 422000862 to increase the contract amount by $1,400,000.00 for a total amount not to exceed $3,900,000.00, and extend the agreement by two (2) years with an expiration date of June 30, 2027.
The cost of additional on-call services is paid for by the permit fees collected for projects and has no City of Stockton Page 1 of 5 Printed on 5/29/2025
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impact or additional cost to the City’s General Fund.
DISCUSSION
Background
It is the Department’s strategy to maintain a balance between permanent staff and on-call staff to support project types that are not consistent in volume from year-to-year while maintaining customer service levels. In the past, if workload increased consistently in a three-year period, adding full-time staff was often considered as a solution. However, the Great Recession, COVID, and other economic factors have made predicting construction cycles more challenging. Therefore, it is the Department’s practice to have full-time City staff more allocated on predictable project permit type workloads and augment full-time City staff with on-call services on an as-needed basis.
While the Department regularly recruits and onboards full-time positions in the building safety group, there continues to be increased demand for on-call building inspectors, plan examiners, and structural engineers during peak periods. Further, the Department faces continued challenges recruiting full-time staff, as the hiring market remains highly competitive, posing challenges in recruiting full-time staff, and positions often remain vacant for longer periods of time. On-call services provide a needed flexibility to address these challenges.
As part of fiscal year budget development, the continued use of consulting services was determined to be the most appropriate way to supplement demand for CDD’s Building Division services. These services include building code plan review, structural engineering plan review, and inspection services. Augmenting staff in this way allows the building workgroup greater flexibility to provide highlevel customer service in response to the demands of cyclical development activity without reactively over-hiring permanent staff. Consultant services are used on an as-needed basis whereas permanent staff has long-term fiscal implications due to City-provided insurance and retirement benefits.
City Council approved a three-year Agreement on May 24, 2022 (Attachment A), with two (2) companies to provide on-call building code plan review, structural engineering plan review, and inspection services. The approved compensation for services and reimbursable expenses totaled $2,500,000 across all consulting companies for the term of the contract. That current contract will expire on June 30, 2025.
Consultant services are necessary to keep pace with substantial development activity (Table 1) while providing high-level customer service over the term of the agreement. Development construction valuation is a measure of the demand for Building services. Valuation totals in Table 1 are a reflection of the volume, type, and complexity of projects requiring Building services. Development construction valuation increased by 24% from FY2022-23 to FY2023-24 and is projected to increase an additional 13% by the end of this fiscal year. Because these totals can vary based on the volume of large projects proposed, a conservative approach of assuming a 5% decrease over fiscal years 2025-2027 was used for forecasting.
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Table 1. - Development Construction Valuation 2022-2027 Fiscal Year Valuation
2022 - 23 $725.8 million
2023 - 24 $924 million
2024 - 25 (as of 3/31/25) $793.4 million
2024 - 25 (estimated) $1.057 billion (estimated)
2025 - 26 $1.008 billion (projected)
2026 - 27 $954.7 million (projected)
Maintaining an agreement with several vendors affords the Department the ability to quickly change the scale and scope of staffing support levels to respond to workload demand while maintaining high levels of customer service. Having a pool of qualified firms also allows the City to provide a better spectrum of services and enable the Department to respond to short-term increases in building activity, staff vacancies, and adhere to established timelines, policies, and legal requirements. Fees are collected from the applicant before any plan review or inspection services are performed.
In addition, several large projects are anticipated over the course of the next two fiscal years including the César Chávez Library remodel, Banner Island Ballpark renovations, commercial food and retail developments, buildout of residential subdivisions, affordable housing developments, and several million square feet of industrial development. To properly support the projected construction activity with plan review and inspection services, the forecasted rate of expenditure will require an additional $1,400,000.00 over the course of the next two fiscal years (FY 2025-26 & FY 2026-27).
Construction projections are based on permit activity trends and known projects. The estimates for the remainder of FY 2025-26 and FY 2026-27 assume a steadily high volume in permit activity and corresponding construction valuations. As of March 31, 2025, there are 137 permits that are approved pending payment and pickup, with a combined valuation of $170.9 million. There are an additional 351 permits in for review with a combined valuation of $164.3 million. Additionally, permits of a minor nature (reroofs, HVAC, solar, etc.) are averaging 549 permits issued per month with an average valuation of $11.1 million.
Present Situation
Development activity has remained steady over the initial three (3) year term of the Agreement.
Although the Building Division is currently fully staffed in the plan review and inspection workgroups, there is still a need for supplemental on-call services to meet current workload demand and to be flexible to provide services for the more cyclical aspects of development while maintaining high levels of customer service. Complex projects requiring plan review continue at a steady pace. As projects complete the review process and permits are issued, this directly leads to a steady volume of daily inspection stops. Contract services are necessary to supplement permanent full-time staff, provide specialty support, and to maintain service levels. Extension of the current contract through FY 2026- 27 would take the term to the maximum of five (5) years as allowed under the original contract. The department plans to initiate a request for proposals (RFP) in the fall of 2026 for new contract services beginning FY 2027-28.
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Further, both consulting firms have performed well over the course of the original three-year term of the agreement. They continue to provide two full-time, experienced building inspectors on the same schedule as City building inspectors and continue to meet their agreed upon turnaround times for plan review services. Both firms are also highly responsive to special requests such as enhanced structural engineering oversight or site evaluations.
Each firm’s performance is continually monitored to ensure they are meeting their commitments to complete plan reviews within the City’s published turnaround timeframes. The data below shows the volume of work that has been completed as well as the performance results for each firm. Without the assistance of consultants, permanent staff would be overburdened by the workload volume and responsiveness and service levels may decline.
Table 2. - Plan Review Services Provided Since FY2022-23 Consulting Firm # Plan Reviews
Completed
Average Review
Duration - First
Review
Average Review
Duration -
Resubmittals
BPR Consulting Group 580 10.3 5.4
CSG Consultants 315 9.1 3.6
TOTAL 895 9.7 4.5
Table 3. - Inspection Services Provided Since FY2022-23 Consulting Firm # of Inspectors
Provided
# of Inspections
Completed
BPR Consulting Group 4 9,936
CSG Consultants 2 9,615
TOTAL 6 19,551
FINANCIAL SUMMARY
Table 4 below outlines the expenditures for the contract. The amount of $576,800.84 has been expended so far in FY 2024-25 through March 31, 2025. The remaining $296,084.10 for the fiscal year is sufficient. Based on the updated projections, there is a need for an additional $1,400,000 and a two (2) year contract extension (Attachment B - Proposed Amendment #1) to provide adequate service levels through FY 2026-27. As this will be the only allowable extension of the original contract, any excess funds not expended will be allocated back to the Department budget.
Table 4. - Contract Expenditures
Total
Contract
Fiscal Year
2022-2023
Fiscal Year
2023-2024
Fiscal Year
2024-2025
(through
3/31/2025)
Remaining
Balance
Total
Amounts
$2,500,000 $957,823.41 $669,291.65 $576,800.84 $296,084.10 City of Stockton Page 4 of 5 Printed on 5/29/2025
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Pending adoption of the FY 2025-26 Annual Budget, funds will be available in the 220 Development Services Fund, Building and Life Safety Division (5530) for $700,000. The remaining $700,000 is expected to be appropriated and funded from the same account in the FY 2026-27 Annual Budget.
Consultant services are funded by the plan review and permit fees collected on new permit applications, and therefore, there is no impact to the City’s General Fund or any other unrestricted fund from this action.
Attachment A - Professional Services Agreement 422000862 Attachment B - Proposed Professional Services Agreement Amendment 1 City of Stockton Page 5 of 5 Printed on 5/29/2025
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May 11, 2022 Cyrus Kianpour President
ATTACHMENT A
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ATTACHMENT A
49 1
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
Provide on-call building code plan review, structural engineering plan review, and inspection services, including CASp compliance and OSHPD 3 certification, services for the Community Development Department Building & Life Safety Division. These services will be on an as-needed basis to meet service delivery goals in an efficient, timely, and professional manner.
2. Project Scope
The Contractor shall provide on-call building code plan review, structural engineering plan review, and inspection services, including CASp compliance and OSHPD 3 certification, and permit processing services to private and public sector clients. The general scope of work includes but is not limited to building code plan review and structural engineering plan review for substantial compliance with all adopted California building codes and standards, related to proposed building construction. The Contractor shall submit complete, clear, and concise correction lists back to the City within the prescribed timeframes. The Contractor must have experience with the processes, procedures, ordinances and permitting, including plan review for conformance with conditions of approval along with local and other applicable (City, County, State and Federal) ordinances and standards that are necessary to provide these services and complete the assigned projects.
The Contractor shall provide all equipment and tools necessary to perform the services outlined above including, but not limited to, computers, code books, cell phones, vehicles, etc. All plan reviewers and inspectors provided by the Contractor shall possess all necessary and current certifications required by state law and shall continue to receive state-mandated continuing education. Such education is to be provided by Contractor at the Contractor’s sole cost.
The Contractor shall be available for technical support on an as-needed basis.
This may include but not be limited to pre-design, post plan review, preconstruction or site meetings with City staff and/or permit holders, designers or other interested parties.
3. Specifications
ATTACHMENT A
50 2
• Contractor must have the ability to perform plan reviews and accept project submittals from the City through the Bluebeam Revu® software platform.
• Employees of the Contractor performing services at City facilities or at project sites within city limits must have photo identification badges. • Contractor shall complete the initial plan review and all subsequent rechecks within an agreed upon timeframe. The City’s Building Official may, upon demonstration of good cause, extend the timeframe at his or her sole discretion.
• Contractor shall have the ability to provide expedited plan review services upon request of the City’s Building Official for an agreed upon fee as identified in Exhibit E Compensation.
• Contactor shall have the ability to provide Certified Access Specialist (CASp) expertise upon request of the City.
• Contractor shall meet with City staff and/or applicants upon request with 48 hours’ notice.
• Contractor staff providing services shall possess the necessary skills, experience, and certifications required by law.
4. Major Deliverables
4.1 Plan Review Services:
Contractor shall perform plan reviews as requested by the City to verify compliance with the City of Stockton Municipal Codes and the current edition of the California Code of Regulations, Title 24, Parts 1 (Administrative Code), 2 (Building Code) (vol. 1 & 2), 2.5 (Residential Code), 3 (Electrical Code), 4 (Mechanical Code), 5 (Plumbing Code), 6 (Energy Code), 8 (Historical Building Code), 9 (Fire Code), 10 (Existing Building Code), 11 (Green Building Standards Code), and 12 (Reference Standards Code). Plan reviews shall cover structural, fire & life safety, accessibility compliance, energy conservation, green building, plumbing, mechanical, and electrical installations in residential, commercial, industrial, existing, and historical buildings.
Contractor shall develop and furnish the City’s Building & Life Safety Division and applicant with a complete and legible list of all corrections for each plan review performed.
o The plan review corrections shall be in the form of electronic markups made directly on the plans and other project documents. o Plan review corrections shall comply with graphic standards as prescribed by the City for consistency and integration into the overall City review process.
o Separate plan review correction letters shall only be utilized in special cases where additional detail and explanation is required.
ATTACHMENT A
51 3
When the plan review process is complete and the plans are deemed in full code compliance, the Contractor shall electronically stamp and sign the electronic plans and corresponding documents. Each page of the plans and corresponding documents must be stamped. The stamp shall include the company identification, scope of Contractor’s review, and a mark of approval.
Contractor shall meet or exceed the City’s requirements for plan review turnaround times. Maximum time frames for delivering services are in Exhibit F Timeline.
4.2 Inspection Services:
Contractor shall provide combination building inspections to verify compliance with the City of Stockton Municipal Codes and the current edition of the California Code of Regulations, Title 24, Parts 1 (Administrative Code), 2 (Building Code) (vol. 1 & 2), 2.5 (Residential Code), 3 (Electrical Code), 4 (Mechanical Code), 5 (Plumbing Code), 6 (Energy Code), 8 (Historical Building Code), 9 (Fire Code), 10 (Existing Building Code), 11 (Green Building Standards Code), and 12 (Reference Standards Code). Combination inspections shall cover structural, fire & life safety, accessibility compliance, energy conservation, green building, plumbing, mechanical, and electrical installations in residential, commercial, industrial, existing, and historical buildings.
Combination inspection shall include onsite inspections, writing legible and understandable correction notices and field reports, inputting inspections results electronically in the City’s permitting software, coordinating inspection windows with customers, and answering in-person or telephone inquiries. Contractor shall input inspection results electronically into the City’s permitting software program within a reasonable time frame following the completion of the inspection, but no later than end of business day on the same day the inspection was completed.
5. Tasks That Support the Deliverables
5.1 Plan Review Services:
All plan review submittals, including resubmittals, shall be submitted directly to the City. The City will electronically transmit all plans and corresponding project documentation to the Contractor for review and approval. The City will transmit all plan review projects to the Contractor through the Bluebeam Revu® software platform using the standard built-in invite function of Bluebeam. The Contractor must have Bluebeam capability; separate plan upload portals, file shares, or email systems will not be utilized by the City.
ATTACHMENT A
52 4
Contractor shall ensure that all projects are properly coordinated and tracked by following an established internal plan review coordination process. Contractor shall notify the City promptly if any information is missing from the submittal that would prohibit their ability to perform in accordance with this contract.
Contractor shall meet with applicants as necessary to answer questions and assist in addressing plan review comments. If a project cannot be approved after two (2) cycles of review, the Contractor shall promptly notify the City of the outstanding items. A subsequent meeting will be coordinated by the City, of which the Contractor is required to attend, with the applicant to resolve the outstanding items.
5.2 Inspection Services:
The City shall provide a daily inspection route sheet to the Contractor inclusive of inspection location, description of work, type of inspection requested, and applicant contact information. The City shall provide access to permit tracking software and other electronic platforms necessary to view, conduct, and record inspections.
All inspectors provided by the Contractor shall be equipped with all necessary tools, equipment, and code books as required to facilitate the inspection process. Contractor shall make every effort to complete their full list of inspections each day through standard industry practices such as coordinating inspection windows with the applicant, making phone calls ahead of arrival, and conducting follow up inspections as time permits.
6. Internal and External Standards and Guidelines
To be provided by the City as requested when internal/external standards or guidelines are applicable.
7. Criteria of Acceptance for Deliverables
All deliverables/services shall be acceptable to the City’s Community Development Department as determined by the City Building Official or designee.
8. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor 1: CSG Consultants, Inc. City: City of Stockton Attn: Cyrus Kianpour Attn: City Manager
550 Pilgrim Drive 425 N. El Dorado Street
Foster City, CA 94404 Stockton, CA 95202
ATTACHMENT A
53 5
Contractor 2: BPR Consulting Group, LLC
Attn: Ron Beehler
2201 Francisco Drive, Suite 140-658
El Dorado Hills, CA 95762
9. Key Personnel
Contractor 1: Bob Latz Cyrus Kianpour
Regional Manager President
209-304-4603 650-522-2500
[email protected] [email protected]
Contractor 2: Ron Beehler Bill Rodgers
Principal-in-Charge Principal/Project Manager
916-204-3178 916-662-0665
[email protected] [email protected]
Rodger Peterson
Principal/Plan Review Manager
916-202-2902
[email protected]
10. Option to Renew.
The initial three-year term of the Agreement may be extended up to two one-year extensions 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.
ATTACHMENT A
54 NOTE: The City of Stockton is now using the online insurance program PINS Advantage. Once you have been awarded a contract you will receive an email from the City’s online insurance program requesting you to forward the email to your insurance provider(s).
Exhibit B:
Insurance Requirements for Consulting Services
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (nonowned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. (If Claims-made, see below.)
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any
ATTACHMENT A
55 Insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum insurance requirements of this agreement are sufficient to cover the obligations of the Consultant under this agreement.
Limits of Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured.
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 Consultant 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 if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
The Additional Insured coverage under the Consultant’s policy shall be “primary and non-contributory” and will not seek contribution from the City’s insurance or selfinsurance and shall be at least as broad as CG 20 01 04 13. The City of Stockton does not accept endorsements limiting the Consultant’s insurance coverage to the sole negligence of the Named Insured.
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
ATTACHMENT A
56 Consultant hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Consultant 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 Consultant, its employees, agents and subcontractors.
Self-Insured Retentions
All Self-insured retentions must be disclosed to Risk Management for approval and shall not reduce the limits of liability. The City of Stockton may require the Consultant 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.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (note – applicable only to professional liability) 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 Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
ATTACHMENT A
57 Verification of Coverage
Consultant shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City of Stockton Risk Services before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’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.
Consultant shall, prior to the commencement of work under this Agreement, provide the City of Stockton with a copy of its declarations page(s) and endorsement page(s) for each of the required policies.
Subcontractors
Consultants shall require and verify that all subcontractors, or other parties hired for this work, purchase and maintain coverage for indemnity and insurance requirements as least as broad as specified in this agreement to the extent they apply to the scope of the subcontractor’s work with the same certificate of insurance requirements and naming as additional insureds all parties to this contract. Consultant shall include the following language in their agreement with Subcontractors: Subcontractors hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under the contract documents and provide a valid certificate of insurance and the required endorsements included in the agreement as proof of compliance prior to commencement of any work and to include this same requirement for any subcontractors they hire for this work. A copy of the owner contract document indemnity and insurance provisions will be furnished to the subcontractor upon request. Consultant shall provide proof of such compliance and verification to the City upon request.
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
Proper address for mailing certificates, endorsements and notices shall be:
City of Stockton Attn: City Risk Services
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202
ATTACHMENT A
58 1
(Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree
ATTACHMENT A
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(Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9.1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employeremployee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's
ATTACHMENT A
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(Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement.
Subcontractors will be provided with a copy of the Agreement and be bound by its terms.
Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor’s personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
ATTACHMENT A
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(Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
11.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor 1 (CSG) shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of CSG or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the termination of this agreement.
To the fullest extent permitted by law, Contractor 2 (BPR) shall hold harmless, defend at its own expense, and indemnify the City of Stockton, its officers, employees, agents, and volunteers, against any and all liability, claims, losses, damages, or expenses, including reasonable attorney’s fees, arising from all acts or omissions of BPR or its officers, agents, or employees in rendering services under this contract; excluding, however, such liability, claims, losses, damages, or expenses arising from the City of Stockton’s sole negligence or willful acts. The duty to defend and the duty to indemnify are separate and distinct obligations. The indemnification obligations of this section shall survive the 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.
ATTACHMENT A
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(Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
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.
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.
ATTACHMENT A
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(Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
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.
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
ATTACHMENT A
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(Rev. 10.30.18; Mod 10.28.20 SG; Mod 05.06.22 TJ/TC)
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.
29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
ATTACHMENT A
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EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other
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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:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed
ATTACHMENT A
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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. Personnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.
7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
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8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
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EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $2,500,000. (hereafter the “not to exceed” amount). Contractor acknowledges that this amount includes total compensation across two contractors on this Agreement. 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 Plan Review Services: Compensation for plan review services described in Exhibit A for individual projects with a construction valuation exceeding Two Million Dollars ($2,000,000) shall be billed at the hourly rates set forth in section 4. Compensation for other plan review services described in Exhibit A shall be billed as set forth in section 3 or section 4 as agreed upon by both parties.
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.
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. Invoices shall be submitted to the below address:
City of Stockton Community Development Department
Attention: John Schweigerdt, CBO
425 N. El Dorado Street
Stockton, CA 95202
Invoices shall also be emailed to:
ATTACHMENT A
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[email protected]
[email protected]
3. Task Price. Below is the price for the services as described in Exhibit A of this Agreement.
3.1 Contractor 1 (CSG Consultants, Inc.):
Plan review fees will be based on a percentage of the City’s established Building Division services fees and includes one initial plan review and two subsequent reviews.
Description Task Price
Plan Review Services – Commercial 75% of City’s Plan Review Fees Plan Review Services – Residential 75% of City’s Plan Review Fees Expedited Plan Reviews 1.5 x Hourly Rate in Section 4
Additional Reviews, Partial Reviews,
Deferred Submittals, Revisions, RFIs
Hourly Rates in Section 4
3.2 Contractor 2 (BPR Consulting Group, LLC):
Plan review fees will be based on a percentage of the City’s established Building Division services fees and includes one initial plan review and two subsequent reviews.
Description Task Price
Plan Review Services – Commercial 52% of City’s Plan Review Fees Plan Review Services – Residential 85% of City’s Plan Review Fees Expedited Plan Reviews 145% of Hourly Rates in Section
4 Additional Reviews, Partial Reviews,
Deferred Submittals, Revisions, RFIs
Hourly Rates in Section 4
4. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for the services as described in Exhibit A of this agreement and any additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, including services beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.
4.1 Contractor 1 (CSG Consultant, Inc.):
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Position / Role Hourly Billing Rate
Plan Review Engineer $135
Structural Engineer $150
Plans Examiner $115
Senior Building Inspector $125
Building Inspector $110
CASp Plan Review $135
CASp Inspection $135
Permit Technician $75
Overtime*, Weekends, Holidays, and
After-Hours Work
1.5 x Hourly Rates
Above
*Overtime shall be based on the City’s working schedule, currently “9/80” work schedule (i.e. eight (8) 9-hour workdays plus one (1) 8-hour workday consisting of eighty (80) hours worked in a fourteen (14) day period).
4.2 Contractor 2 (BPR Consulting Group, LLC):
Position / Role Hourly Billing Rate
Plan Review Engineer $150
Plans Examiner $120
CASp Plan Review $125
CASp Inspection $125
Building Inspector** $93 - $113
Fire Protection Engineer $150
Fire Plans Examiner $120
Fire Inspector $110
Permit Technician** $65 - $75
Building Department Support Staff $50
Overtime*, Weekends, Holidays, and
After-Hours Work
140% of Hourly
Rates Above
*Overtime shall be based on the City’s working schedule, currently “9/80” work schedule (i.e. eight (8) 9-hour workdays plus one (1) 8-hour workday consisting of eighty (80) hours worked in a fourteen (14) day period). **Specific billing rate to be determined based on level of experience and certification of individual assigned to perform services under this agreement.
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EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A on an as needed basis, as follows:
1.1 TIMELINE FOR COMPLETION OF WORK
1.1.1 Plan Review Services: Below is the maximum turnaround times for plan review services identified in Exhibit A. Turnaround times are based on Contractor’s working days. The number of working days associated with plan review turnaround time is based on time of project submittal. The first working day will be the day the project is received if submitted by 12:00pm, if submitted after 12:00pm the first working day will be the next business day.
1.1.1.1 Contractor 1 (CSG Consultants, Inc.):
1.1.1.2 Contractor 2 (BPR Consulting Group, LLC):
Project Type
Maximum Turnaround Time
Initial Review Re-Check
Residential – New Construction 10 5
Residential – Addition 10 5
Residential – Remodel 10 5
Multifamily 10 5
Commercial – New Construction 10 5
Commercial – Addition 10 5
Commercial – Remodel, Tenant
Improvement 10 5
Large/Complex Projects Negotiable Negotiable
Expedited 5 5
Project Type
Maximum Turnaround Time
Initial Review Re-Check
Residential – New Construction 10 5
Residential – Addition 10 5
Residential – Remodel 10 5
Multifamily 10 5
Commercial – New Construction 10 5
Commercial – Addition 10 5
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1.1.2 Inspection Services: Inspection services shall be provided on an asneeded basis, as requested by the City.
Commercial – Remodel, Tenant
Improvement 10 5
Large/Complex Projects 14 7
Expedited 5 5
ATTACHMENT A
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(Rev. 02.13.25)
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT
This Amendment Number 1 to the above referenced Agreement is entered into on :
between the City of Stockton (“City”) and CSG Consultants, Inc. (“Contractor 1”), and BPR Consulting Group, LLC (“Contractor 2”)
RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to renew the term specified in Paragraph 2 of the Standard Agreement to continue providing optimum service levels for building permit activities; and The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $1,400,000 to pay for the Contractors continued services outlined in Exhibit A; and Contractor 1 (CSG Consultants, Inc.) needs to amend Exhibit E, Section 3, Subsection 3.1, to update their task price for Plan Review Services – Commercial.
Now therefore, the City and the Contractors mutually agree as follows:
1.The termination date in Paragraph 2 of the Standard Agreement is amended to:
“June 30, 2027”
2.The maximum not to exceed amount to be paid to the Contractor, including if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, will now read as follows:
1.1 “The maximum the Contractor shall be paid on this Agreement is $3,900,000 (hereafter the “not to exceed” amount). Contractor acknowledges that this amount includes total compensation across two contractors on this Agreement. 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.”
3. The Task Price for Contractor 1 (CSG Consultants, Inc.) in Exhibit E, Section 3.1, will now read as follows:
3.1 Contractor 1 (CSG Consultants, Inc.):
Plan review fees will be based on a percentage of the City’s established Building Division service fees and includes one initial plan review and two subsequent reviews.
Description Task Price
Plan Review Services – Commercial 52% of City’s Plan Review Fees Plan Review Services – Residential 75% of City’s Plan Review Fees Expedited Plan Reviews 1.5 x Hourly Rate in Section 4
Additional Reviews, Partial Reviews, Deferred
Submittals, Revisions, RFIs
Hourly Rates in Section 4
4. All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
Agreement Number: Amendment
Number:
422000862 1
ATTACHMENT B
75 2
(Rev. 02.13.25)
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR 1
CSG Consultants, Inc.
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
Authorized Signature Date
Cyrus Kianpour, President
Printed Name and Title of Person Signing
550 Pilgrim Drive, Foster City, CA 94404
Address
CONTRACTOR 2
BPR Consulting Group, LLC
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
Authorized Signature Date
Ron Beehler, Director
Printed Name and Title of Person Signing
P.O. Box 2404, Granite Bay, CA 95746
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:
4-15-25 Wm. T. (Bill) Rodgers, Principal 4/11/2025
ATTACHMENT B
76 City of Stockton
Legislation Text
File #: 25-0141, Version: 1
RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT LOCATED AT 1585 SOUTH UNION STREET AND 1549 SOUTH UNION STREET
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving the summary vacation of a public utility easement at 1585 South Union Street and 1549 South Union Street;
2. Authorizing the filing of a Notice of Exemption No. NOE 08-25 under the California Environmental Quality Act for the vacation of a public utility easement at 1585 South Union Street and 1549 South Union Street; and
3. Authorizing the City Manager, or designee, to take all the necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
The applicant, J & K Property, LLC, is requesting the abandonment of the public utility easement along the rear side of the properties, located at 1549 South Union Street (APN: 169-030-09) and 1585 South Union Street (APN: 169-040-17), to allow for future expansion to the existing industrial facility. Fee title of the abandonment area is owned by the applicant (Attachment A - Vicinity Map and Attachment B - Aerial Map). The purpose of the public utility easement recommended for abandonment was for the use of a railroad track that is no longer functional or operable. There are no existing City utilities located within the proposed abandonment area.
DISCUSSION
Background
J & K Property, LLC owns the real property at 1549 South Union Street and 1585 South Union Street.
The proposed abandonment area contains approximately 0.12 acres. The proposed vacation runs vertically along the western side of the parcels. The adjacent parcel to the north, owned by the San Joaquin Regional Transit District, located at 1505 South Union Street, had no objection to the abandonment request (Attachment C - SJRTD Response).
Present Situation
The Public Works, Community Development, Municipal Utilities, Police, and Fire Departments and local utilities were notified of the proposed vacation at this site, and no objections were received.
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File #: 25-0141, Version: 1
The City may perform this proposed abandonment as a summary vacation under Division 9, Part 3, Section 8333, of the California Streets and Highway Code, and a public hearing is not required. That code section provides in relevant parts, that:
“The legislative body of a local agency…may summarily vacate a public service easement…[if] [t]he easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the proposed vacation.” The public utility easement proposed for vacation has not been used for the purpose for which it was dedicated for at least five consecutive years immediately preceding this proposed vacation.
The Public Works and the Community Development Departments concur with the proposed vacation of this public utility easement located at 1549 South Union Street and 1585 South Union Street, as the public utility easement has not been used for many years and there is no anticipation that it will ever be used again by the owners of the site. Consequently, it is recommended that the City Council approve the proposed resolution.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this project is Categorically Exempt under California Environmental Quality Act (CEQA) guidelines and is granted a “general rule exemption” under Section: 15061 (B)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is not subject to CEQA. The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed in CEQA Guidelines Section 15300.2.
In accordance with Section 65402 of the Government Code, it has been determined that this project or action conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
FINANCIAL SUMMARY
The applicant, J & K Property, LLC has paid the necessary fee to process the public utility easement abandonment. There is no negative financial impact to the City’s General Fund.
Attachment A - Vicinity Map
Attachment B - Aerial Map
Attachment C - SJRTD Response
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86 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE SUMMARY VACATION OF A PUBLIC UTILITY EASEMENT AT 1585 SOUTH UNION STREET AND 1549 SOUTH UNION STREET The proposed summary vacation of a public utility easement is located on the rear side of the real property located at 1549 South Union Street (APN: 169-030-09) and 1585 South Union Street (APN: 169-040-17), as described in Exhibit 1 and shown in Exhibit 2; and
The fee title to the property is vested in J & K Property, LLC. The proposed vacation area consists of approximately 0.12 acres over two parcels; and J & K Property, LLC, has paid the necessary fees to process this vacation; and All City Departments and local utilities were notified and provided an opportunity to object to the proposed vacation if it were to negatively impact departmental or agency functions. There were no objections to the proposed vacation; and The City may perform a summary vacation under Division 9, Part 3, section 8333, of the California Streets and Highway Code and the easement has not been used for the purpose for which it was dedicated; and
The Community Development Department has determined that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “Categorical Exemption” per CEQA Guidelines by section 15061(B)(3); and In accordance with section 65402 of the Government Code, this project/activity conforms to the City’s General Plan Policy Document, as amended; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The public utility easement located at 1585 South Union Street and 1549 South Union Street, more particularly described in Exhibit 1 and Exhibit 2, attached hereto, and incorporated by this reference, is hereby declared to be vacated by this order and no longer constitutes a public utility easement as of the date this resolution is recorded.
2. The City Manager is authorized to approve the filing of Notice of Exemption No. 08-25 under CEQA, a copy of which is attached as Exhibit 3 and incorporated by this reference.
87 3. The City Manager, or designee, 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: June 3, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
88 EXHIBIT 1
89 EXHIBIT 2
90 MEMORANDUM
February 24, 2025
TO: Nancy Arroyo, Real Property Agent I
Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJECT: CEQA NOE 08-25 – 1549 & 1585 S. UNION ST – PUE ABANDONMENT The Community Development Department received a request to review the above-referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). The City of Stockton’s Economic Development Department received a request from Siegfried c/o Scott Soares, to abandon a public utility easement at 1549 & 1585 S. Union Street (APNs 169-030-09 & 169-040-17). See Attachment A for more information.
In accordance with Government Code §65402, the Community Development Department determines the proposed property sale is neutral in regard to conformity with the Stockton General Plan. Future development of the subject parcels shall be under the jurisdiction of the City of Stockton.
Concerning the California Environmental Quality Act (CEQA) determination, the Community Development Department concludes the project is Categorically Exempt under CEQA Guidelines and is granted a ‘general rule exemption’ under Section 15061(B)(3) since there is no possibility that the activity in question would have significant effect on the environment and the activity is no subject to CEQA. The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.
Upon approval by City Council, the Economic Development Department is advised to complete the attached Notice of Exemption (Attachment B) and file it with the San Joaquin County Clerk Office to initiate a 35-day statute of limitations on court challenges. Please retain a copy of the original posted notice within the project file in the Economic Development Department project file.
By:
Nicole D. Moore, LEED-AP, Contract Planner
Attachments
Attachment A: Request and Project Location
Attachment B: Draft Notice of Exemption
EXHIBIT 3
91 MEMORANDUM
February 20, 2025
TO: Nicole Moore, Contract Planner
Community Development Department
FROM: Nancy Arroyo, Real Property Agent I
Economic Development Department
SUBJECT: 1549 & 1585 S. UNION ST – PUE ABANDONMENT______ Please provide the appropriate environmental review for the above-referenced project as described below:
Project Title: 1549 & 1585 Union St – PUE Abandonment
Applicant: Siegfried c/o Scott Soares
Description/Location: 25’ PUE Abandonment (APN: 169-030-09 & 169-040-17) Also, please make the required determination as to conformity to the General Plan in accordance with Section 65402 of the Government Code. If you have questions regarding this request, please contact me at extension 8506.
NANCY ARROYO, REAL PROPERTY AGENT I
ECONOMIC DEVLEOPMENT DEPARTMENT
Attachment
EXHIBIT 3
92 EXHIBIT 3
93 EXHIBIT 3
94 CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Economic Development Dept.
Stockton, CA 95202 400 E. Main St., 4th Floor
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: 1549 & 1585 S. Union Street – PUE Abandonment CEQA Exemption File No.: NOE 008-25
Applicant: Siegfried c/o Scott Soares
Project Description/Location: The City of Stockton’s Economic Development Department received a request from Siegfried c/o Scott Soares, to abandon a public utility easement at 1549 & 1585 S. Union Street (APNs 169-030-09 & 169-040-17).
See Attachment A for more information.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
X The activity is exempt under the "general rule" at CEQA Guidelines Section 15061(B)(3).
The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
TINA MCARTY, ACTING DIRECTOR February 24, 2025
ECONOMIC DEVELOPMENT DEPARTMENT (DATE OF PREPARATION)
By
Nancy Arroyo, Real Property Agent I (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 3
95 City of Stockton
Legislation Text
File #: 25-0308, Version: 1
APPROVE MOTION TO AUTHORIZE CONTRACT AMENDMENT THREE WITH TERRAPHASE
ENGINEERING FOR ENVIRONMENTAL ASSESSMENT AND PATH TO CLOSURE SERVICES AT 130 NORTH HUNTER STREET
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Authorize Amendment Three with Terraphase Engineering in the amount of $179,750.80 for environmental assessment and path to closure services at 130 North Hunter Street; and
2. Authorize the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Summary
The site at 130 North Hunter Street, known as Coy Garage, is an active case with the Central Valley Regional Water Quality Control Board (“Water Board”). The site contains a history of contaminated releases through a Leaking Underground Storage Tank (“LUST”) that requires an investigation to be performed to ascertain the level of contamination in the groundwater and to develop a path to regulatory closure with the Water Board.
On October 17, 2023, City Council authorized by Motion 2023-10-17-1206 a contract with Terraphase Engineering, Inc. to update the investigation work plan, conduct the field work activities, coordinate with the Water Board, and seek regulatory closure through the preparation of a results report for the City-owned property located at 130 North Hunter Street (Attachment A - Contract 424000208).
Since contract execution, EDD staff and Terraphase have engaged with representatives from the Water Board regarding the work plan and investigation requirements, with the Water Board approving the work plan in August 2024. Due to cost escalations from inflation, the number and depth of soil borings requested by the Water Board, and the field work taking place at night to avoid disruption to Coy Garage, it was determined that inadequate funding was available to commence field work.
Staff are requesting approval of contract amendment three to mobilize the investigation at 130 North Hunter Street and seek regulatory closure with the Water Board.
DISCUSSION
Background
The 130 North Hunter Street site is the location of Coy Parking Garage. The site is a former San City of Stockton Page 1 of 2 Printed on 5/29/2025
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File #: 25-0308, Version: 1
Joaquin County Motor Pool Facility that operated an underground storage tank (UST) system. An unauthorized release was reported in November 1994 following a site assessment. On August 13, 1996, Fisch Environmental removed two USTs and the associated piping and dispensers. According to the inspection notes, both tanks appeared corroded, and holes were observed in one of the USTs.
Results of subsequent investigations indicated that soil and groundwater beneath the site had been impacted by petroleum hydrocarbons. Based on a review of communication from the Water Board, vapor intrusion does not pose a significant exposure concern due in part to the presence of a parking garage on the site. Instead, the focus of the field work is geared toward defining the nature and extent of the deeper groundwater contamination, which does not impact site safety in its current use.
As the owner of the site, the City of Stockton is considered the responsible party for conducting environmental investigation and seeking closure of the open case with the Water Board. Staff from the Economic Development Department (EDD) have been coordinating with Water Board staff on the completion of the work plan and commencing field activities over the past few years, but little progress could be made without contractors or funding in place.
In March 2023, the City published a Request for Proposals (RFP) for environmental support services, which included the preparation of a site assessment work plan and field work implementation at 130 North Hunter Street. With Council authorizing a contract with Terraphase Engineering in the amount of $180,211, a work plan for investigation activities was prepared and approved by the Water Board.
Present Situation
The anticipated cost of the environmental investigation at 130 North Hunter Street exceeds the available budget. The Water Board has requested the City commence the field work as soon as possible and provide a results report for their review by October 30, 2025. Failure to perform these activities could result in further regulatory actions that would impact the City’s ability to operate the site under its current use.
Due to the extent of site investigation work requested by the Water Board, staff is seeking approval of a contract amendment in the amount of $179,750.80 to implement the field work approved by the Water Board. Approval of contract amendment three would increase the not-to-exceed amount to $359,961.80 (Attachment B - Contract Amendment Three).
FINANCIAL SUMMARY
Budget authority to complete this work is $179,750.80 This contract will be funded with $111,000 of one-time discretionary funds, approved specifically for this work, through the FY 2024-25 Budget Development process, and appropriated to EDD’s General Fund. The remaining $68,750.80 will be paid out of EDD’s General Fund. There is sufficient budget to support this work.
Attachment A - Contract 424000208
Attachment B - Contract Amendment Three
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1 (Rev. 02.13.25)
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT
This Amendment Number __3___ to the above referenced Agreement is entered into on ____________ between the City of Stockton (“City”) and Terraphase Engineering ( “Contractor”).
RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of services and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to increase the budget to account for an increased level of environmental site investigation as required by the Water Board, and the cost associated with conducting the field work, where Terraphase Engineering is the designated consultant on this project.
Now therefore, the City and the Contractor mutually agree as follows:
1. The maximum not to exceed amount in Paragraph 3 of the Standard Agreement is increased by $179,750.80 to: $359,961.80
2. Exhibit E is amended to be revised, as outlined in Exhibit E.1 All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Terraphase Engineering_____________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_____________________________________________________________________________________________ Authorized Signature Date
Arnab Chakrabarti, Principal Engineer______________________________________________________________ Printed Name and Title of Person Signing
1300 Clay Street, Suite 1000, Oakland, CA 94612____________________________________________________ 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: Amendment
Number:
424000208 3
5/13/25
ATTACHMENT B
122
1 (Rev. 10.30.18)
EXHIBIT E.1
COMPENSATION SCHEDULE
The following sections of Exhibit E under Contract 424000208 are amended as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $359,961.80 (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.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Task Price
1 Review of Project Documents $15,380
2 Agency Meetings and Communication $20,340
3 LUST Claim ---
4 Additional Characterization Work Plan $6,055
5 Additional Characterization Field Work $231,818
6 Site Characterization and CSM Update Report $22,644
7 Closure Report $19,722
8 Project Management $20,821
9 Contingency Field Budget $23,181.80
TOTAL PRICE 359,961.80
3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.
Hourly Billable Rate Schedule
Title Role on Project
Hourly Billable
Rates
Program Director Senior Principal $236.30
Program Specialist Senior Associate $236.30
Project Manager Associate $204.00
ATTACHMENT B
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2 (Rev. 10.30.18)
Project Professional Project $178.50
Project Associate Senior Staff I $134.30
Project Assistant Staff II $116.45
Administrative
Assist/Clerical
Admin, Project Assist/Billing
Specialist
$80.25
Deliverables or services will be implemented only at request of City of Stockton and will be completed in accordance with our existing contract
ATTACHMENT B
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Legislation Text
File #: 25-0565, Version: 1
ADOPT A RESOLUTION APPROVING AN ADDITIONAL GRANT AWARD TO DELTA
COMMUNITY DEVELOPERS CORPORATION FOR THE EDISON HOUSE PROJECT
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Approving a $479,000 Prohousing Incentive Pilot (PIP) Program grant to Delta Community Developers Corporation (DCDC) for demolition, abatement, and construction activities at the Edison House Project, located at 645 West Harding Way; and
2. Authorizing the City Manager, or designee, to execute all documents and take any necessary and appropriate actions to carry out the purpose and intent of the Resolution.
Summary
In 2023, the City of Stockton applied for and received a “Prohousing” designation from the California Department of Housing and Community Development (“HCD”). This designation allowed the City to apply for and receive $2,370,000 in Prohousing Incentive Pilot Program (“PIP”) funds from HCD to facilitate affordable housing development. In October 2024, City Council approved an award of PIP funds in the form of a grant to Delta Community Developers Corporation (“DCDC”) in the amount of $1,891,000 for the affordable housing project at 645 West Harding Way - now known as Edison House.
With PIP funds expiring on June 30, 2025, staff recommend that the City Council authorize an additional grant to DCDC in the amount of $479,000 for demolition and abatement activities at Edison House to avoid a loss of funding. All eligible expenditures must take place before June 30, 2025 to be eligible for reimbursement.
DISCUSSION
Background
The City of Stockton is designated as a “Prohousing” community and was awarded $2,370,000 in PIP funds for eligible activities, including predevelopment, development, acquisition, rehabilitation, and preservation of affordable housing (Attachment A - Resolution 2023-03-07-1205-01, and Attachment B - Resolution 2023-03-07-1205-02).
In July 2024, the City of Stockton’s Economic Development Department (EDD) released the 2024 Real Property Acquisition Notice of Funding Availability (NOFA). The NOFA included the available $2,370,000 in PIP funds, seeking project proposals from qualified nonprofit housing developers City of Stockton Page 1 of 2 Printed on 5/29/2025
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and/or housing or service providers for the acquisition of real property to be used for the development of affordable housing. At the time, the approved PIP scope of work was for the acquisition of singlefamily housing units to create scattered-site housing.
Through the NOFA process, no eligible projects were submitted for scattered-site housing. Staff worked with HCD to rescope the PIP award to allow for the acquisition and rehabilitation of buildings for the creation of affordable housing. In October 2024, City Council authorized a PIP award in the amount of $1,891,000 to DCDC for the acquisition of the property located at 645 West Harding Way for the development of an affordable housing project (Attachment C - Resolution 2024-10-01-1209).
Present Situation
The remaining $479,000 in PIP funds were originally allocated to staff time and other eligible expenditures associated with case management support, utilities, and maintenance for prospective scattered-site housing projects. Due to the scope of the PIP funds changing to general affordable housing predevelopment and construction costs, as well as cost efficiencies from staff in the NOFA development process, the balance of PIP funds need to be encumbered and expended to avoid the loss of funding.
Since DCDC previously received PIP funds for the acquisition of 645 West Harding Way for the Edison House Project, the most efficient means of expending the funds is to award the $479,000 to DCDC for demolition and abatement activities.
FINANCIAL SUMMARY
The proposed resolution will have no financial impact on the General Fund or any other unrestricted fund. The $479,000 of PIP funding will be payable from special grant fund 280, sub-fund 281. If approved, the $479,000 will be amended into the existing grant agreement with DCDC for the previously awarded PIP funds.
Attachment A - Resolution 2023-03-07-1205-01
Attachment B - Resolution 2023-03-07-1205-02
Attachment C - Resolution 2024-10-01-1209
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Resolution No.
STOCKTON CITY COUNCIL
APPROVAL OF AN ADDITIONAL GRANT AWARD TO DELTA COMMUNITY
DEVELOPERS CORPORATION FOR THE EDISON HOUSE PROJECT
In 2023, the State of California designated the City of Stockton as a Prohousing City, recognizing Stockton for committing to policies and practices that will help remove barriers to housing production. Being designated as a Prohousing City, the State of California awarded Prohousing Incentive Pilot Program (PIP) funds to the City of Stockton in 2023 to be used for the development of affordable housing; and In July 2024, the City of Stockton’s Economic Development Department (EDD) released the 2024 Real Property Acquisition Notice of Funding Availability (NOFA); and The NOFA sought project proposals from qualified nonprofit housing developers and/or housing or service providers to award PIP funds to acquire real property to be used for the development of affordable housing; and
There is $479,000 available in PIP funds that expire on June 30, 2025; and Delta Community Developers Corporation (DCDC) was previously awarded $1,891,000 in PIP funds through the 2024 Real Property Acquisition NOFA for the affordable housing project at 645 West Harding Way, known as Edison House; and There are eligible expenses for demolition, abatement, and construction activities at the Edison House Project; and
The Edison House Project proposes to serve justice involved mental health consumers at risk of homelessness with incomes at or below 50% of the Area Median Income (AMI); now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Approving a $479,000 Prohousing Incentive Pilot (PIP) Program grant to Delta Community Developers Corporation (DCDC) for demolition, abatement, and construction activities at the Edison House Project, located at 645 West Harding Way. //
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2. Authorizing the City Manager, or designee, to execute all documents and take any necessary and appropriate actions to carry out the purpose and intent of the Resolution.
PASSED, APPROVED AND ADOPTED: June 3, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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City of Stockton
Legislation Text
File #: 25-0553, Version: 1
APPROVE A MOTION FOR THE USE OF COOPERATIVE PURCHASING AGREEMENTS FOR AS -NEEDED PURCHASES FOR FIREFIGHTING EQUIPMENT, RESCUE TOOLS, AND
ACCESSORIES, FIREFIGHTING PERSONAL PROTECTIVE EQUIPMENT, AND PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS EQUIPMENT AND RELATED SERVICES
RECOMMENDATION
It is recommended that the City Council by motion:
1. Approve findings pursuant to Stockton Municipal Code §3.68.070(A)(5) which support and justify an exception to the competitive bid process.
2. Approve the use of the Sourcewell Cooperative Purchase Agreement No. 020124-LNC with LN Curtis to purchase firefighting equipment, rescue tools, and accessories for a term through April 4, 2028, in a total not-to-exceed amount of $785,000.
3. Approve the use of the Sourcewell Cooperative Purchase Agreement No. 010424-MES with Municipal Emergency Services to purchase firefighting personal protective equipment, for a term through March 27, 2028, in a total not-to-exceed amount of $215,000.
4. Approve Amendment No. 3 to the Agreement with Mallory Safety & Supply for the purchase of public safety and emergency preparedness equipment and related services, utilizing OMNIA Partners Cooperative Purchase Agreement No. 4400008495. Amendment No. 3 increases the not-to-exceed amount by $300,000, for a total not-to-exceed amount of $800,000.
It is also recommended that the Interim City Manager be authorized to take necessary and appropriate actions to carry out the purpose and intent of this motion.
Summary
The City leverages cooperative purchasing agreements to streamline procurement, reduce administrative burden, and secure competitive pricing from qualified vendors. By utilizing contracts awarded through national cooperatives such as Sourcewell and OMNIA Partners, the City benefits from publicly solicited and competitively awarded agreements that provide access to high-quality equipment and services. These agreements support operational readiness, ensure compliance with procurement regulations, and deliver cost savings through volume-based pricing. The Fire Department intends to leverage cooperative agreements to procure essential firefighting equipment, personal protective equipment, and related services.
It is recommended that City Council approve a motion authorizing the City Manager to execute Agreements with LN Curtis, Municipal Emergency Servies (MES), and Mallory Safety & Supply City of Stockton Page 1 of 4 Printed on 5/29/2025
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File #: 25-0553, Version: 1
(Mallory) as specified above.
DISCUSSION
Background
The Fire Department (SFD) continually procures firefighting equipment and personal protective equipment (PPE) to maintain operational readiness and ensure firefighter safety. Equipment needs arise when items either break down, surpass their useful lifespan, or become outdated, requiring replacement to meet current operational standards. Additionally, SFD’s regular intake of new recruits through biannual fire academies drives the need for additional PPE to outfit incoming firefighters.
The City routinely utilizes cooperative purchasing agreements through established national cooperatives such as Sourcewell and OMNIA Partners. These agreements allow for the swift acquisition of necessary equipment, minimizing delays that can occur through traditional procurement processes. By leveraging these cooperative contracts, the City benefits from competitive pricing, reduced administrative workload, and access to qualified vendors.
On August 1, 2019, the City entered into a five-year agreement with Mallory, utilizing OMNIA Partners Cooperative Purchasing Agreement No. 4400008495 for the purchase of public safety and emergency preparedness equipment and related services, in an amount not to exceed $375,000. On April 11, 2024, the City amended the agreement to increase the not-to-exceed amount by $125,000, bringing the total not to exceed to $500,000.
Effective October 1, 2024, OMNIA Partners extended Cooperative Purchasing Agreement No. 4400008495 through September 30, 2028. Accordingly, on October 7, 2024, the City extended its agreement with Mallory through September 30, 2028, to align with the new term of the OMNIA agreement. Due to the length of the OMNIA extension, SFD did not request additional funds at that time, opting instead to complete a comprehensive review of prior years’ purchases to better determine projected needs over the extended term of the agreement.
A review of SFD’s equipment and PPE purchases since 2022 provided insights into ongoing procurement needs and helped identify items requiring routine acquisition. The review covered a wide range of essential items, including wildland firefighting PPE, station boots, thermal imaging cameras, Class A and B foam, extrication tools, hoses, valves, nozzles, ladders, axes, rescue rope systems, etc. The review concluded that, in addition to extending the Mallory Agreement, SFD will benefit from utilizing cooperative purchase agreements with LN Curtis and MES.
Present Situation
LN Curtis
Sourcewell Cooperative Purchasing Agreement No. 020124-LNC with LN Curtis provides access to a broad range of mission-critical firefighting and rescue equipment. This agreement includes preferential pricing on essential items such as extrication tools, hazardous materials response equipment, confined space rescue gear, and water flow components. Among the equipment available through this contract are hurst tools, rescue kits, hoses, nozzles, couplings, adapters, valves, ladders, and technical rescue rope systems, all of which are regularly used in emergency operations.
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Access to this equipment is vital to ensuring SFD’s operational readiness and maintaining the safety of both firefighters and the public. The ability to procure these items efficiently through a cooperative purchasing agreement eliminates delays often associated with traditional procurement processes, allowing SFD to replace equipment as needed. Since 2022, SFD has spent approximately $1 million on firefighting equipment from LN Curtis, not including PPE. Sourcewell Agreement No. 020124- LNC offers an average discount of 11.36% off list price, with some items discounted up to 30% off list price. This agreement will expire April 4, 2028.
Municipal Emergency Services (MES)
Sourcewell Agreement No. 010424-MES offers pricing discounts on a variety of PPE, including duty boots. A duty boot is standard footwear worn by fire personnel during non-firefighting activities. These boots are used during regular station duties, EMS calls, training, and other day-to-day operations that do not involve fire suppression. They are not intended for use in structural or wildland firefighting and do not replace NFPA-compliant firefighting boots. Duty boots are an essential part of a firefighter’s uniform, providing appropriate footwear for the majority of their workday when full turnout gear is not required.
Duty boots typically require replacement every 12 to 24 months, depending on several factors, including the frequency of use, the conditions under which they are worn, and the overall quality of the boots. Fire personnel who are regularly involved in EMS calls or stationed at high-activity stations may experience faster wear and tear on their boots.
Since 2022, SFD has spent approximately $258,000 on duty boots. Sourcewell Agreement No. 010424-MES offers pricing discounts on boots ranging from 5% to 26% off current manufacturer suggested retail prices (MSRP), depending on the brand. This agreement will expire March 27, 2028.
Mallory Safety and Supply
OMNIA Partners Cooperative Purchasing Agreement No. 4400008495 provides access to a wide array of public safety and emergency preparedness equipment, as well as related services critical to supporting the operations of the Fire Department. SFD primarily utilizes Mallory Safety and Supply for the procurement of fire suppression foam and for the maintenance of air compressor systems used to fill Self-Contained Breathing Apparatus (SCBA) tanks.
Fire suppression foam is a specialized agent used to more effectively suppress flames and prevent re-ignition. Class A foam is used on ordinary combustibles such as wood, paper, and brush during wildland or structural firefighting, while Class B foam is designed for flammable liquid fires such as gasoline or oil. These foams are a critical component of modern firefighting, providing greater efficiency and safety during fire suppression activities.
Additionally, SFD operates high-pressure air compressor systems that are essential for refilling SCBA tanks. SCBAs are used by firefighters to provide breathable air in hazardous environments, such as structure fires, confined spaces, or hazardous materials incidents. Ensuring these compressors are maintained, calibrated, and operating safely is essential to maintaining firefighter safety and operational readiness.
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Since 2022, SFD has spent approximately $340,000 on purchases from Mallory. OMNIA Partners Agreement No. 4400008495 offers a uniform discount of 41% off list price for products and 10% off for services. This agreement will expire September 30, 2028.
FINDINGS
Stockton Municipal Code Section 3.68.070(A)(5) allows an exception to the competitive bidding process, enabling the City to utilize the terms and conditions of a competitively solicited and negotiated cooperative purchasing agreements. The exception applies when the agreement meets the City’s procurement and business needs, and the City Council has approved findings that support and justify the exception. The following findings support and justify an exception under Section
3.68.070(A)(5):
1. Cooperative contracts qualify as an exception to the City’s competitive bidding process as outlined in City Municipal Code §3.68.070(A)(5).
2. The Request for Proposals (RFP) were conducted in line with procurement best practices through an open, competitive, and transparent solicitation process, adhering to all applicable procurement laws and regulations.
3. By leveraging cooperative purchasing agreements, the City can take advantage of discounts that the City could not achieve through its own solicitation.
FINANCIAL SUMMARY
Staff recommend entering into Sourcewell Cooperative Purchase Agreement No. 020124-LNC with LN Curtis for a total not-to-exceed amount of $785,000.
Staff recommend entering into Sourcewell Cooperative Purchase Agreement No. 010424-MES with Municipal Emergency Service for a total not-to-exceed amount of $215,000.
Staff recommend amending the participating agreement with Mallory Safety and Supply (Contract No. 419000325) to increase the contract by an additional $300,000, for a total not-to-exceed amount of $800,000.
SFD has an annual budget allocation of $1.7 million in Fire Department Operating Accounts 40XX000-630013/650001/650008/800004-100-000-20-40-000-000- for the purchase of firefighting equipment and related services, materials, and supplies. Procurements from LN Curtis, Municipal Emergency Service and Mallory Safety and Supply for each fiscal year shall not exceed available budget.
Attachment A - Mallory Safety and Supply Original Agreement Attachment B - Mallory Safety and Supply Amendment No. 1 Attachment C - Mallory Safety and Supply Amendment No. 2 Attachment D - Mallory Safety and Supply Amendment No. 3 Attachment E - LN Curtis Agreement
Attachment F - MES Agreement
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CITY OF STOCKTON
COOPERATIVE AGREEMENT AMENDMENT Agreement Number: Amendment Number:
2019-07-18-1106 1
_419000325
between
This Amendment
the City of
Number
Stockton
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("City")
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MAIIOIV
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("Conlfaclor").
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RECITALS
The A_greomont, oxocutod on August 1, 2019, provided for an Initial term of five yeare, with options to extend for up to five AdditionAI yonrs by mutunl agreement of the parties; and Effective March 18, 2023, the Cooperative Agency and Contractor executed Amendment #1, Exhibit A attached hereto and incorporated herein by reference, to exercise the option to extend the COOP for an additional one-year period through September 30, 2024; and
The City needs to extend the term agreement and increase the not to exceed amount to continue as-needed purchases.
Now therefore, the City and the Contractor mutually agree as follows:
1. The term of the Agreement is extended through September 30, 2024.
2. The Not to Exceed amount shall be increased to $500,000 All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect.
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Mallory Safety and Supply, LLC.
Contractor's Name (if other than an individual, state whether a corporation, partnership, etc.):
/IJJ�atu,e
3 l!,� /�4
Printed Name and Title of Pen S1gnmg
\42. N q-:tb S:t �\,Utt \ rn�to �e 9S:35D __
Address
� Eliza R. Garza CM
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 03.21.22)
CITY OF STOCKTON
1 t
-
Attachment B
325
CITY OF STOCKTON
COOPERATIVE AGREEMENT AMENDMENT Agreement Number: Amendment Number:
2019-07-16-1106 2
419000325
This Amendment Number Two (2) to the above referenced Agreement is entered into on LO ( 1 I w1>::l between the City of Stockton ("City") and Mallory Safety and Supply, LLC ("Contractor").
RECITALS
The Agreement, executed on August 1, 2019, provided for an initial term of five years, with options to extend for up to five addilional years by mutual agreement of the parties; and Effective October 1, 2024, the Cooperative Agency and Contractor executed Amendment #2, Exhibit A attached hereto and incorporated herein by reference, to exercise the option to extend the COOP through September 30,2028;and
The City needs to extend the term agreement to continue as-needed purchases.
Now thererore, the City and the Contractor mutually agree as follows:
1. The term of the Agreement is extended through September 30, 2028.
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect.
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Mallory Safety and Supply, LLC.
Contractor's Name (if other than an individual, state whelher a corporation, partnership, etc.): �S�aaMe 't[��J !2'1 Janice King, Assistant Service Manager
Printed Name and Tille of Person Signing
142 No. 9
111 St., STE 1, Modesto, CA 95350
Address
ATTEST:
BY:
(Rev. 03.21.22)
Attachment C
326
DocuSign Envelope ID: 96EF999B-3E33-428F-B2AF-EE94EF8475C3 Exhibit A
Date: 3/19/2024
AMENDMENT NO. 2
CONTRACT TITLE: Public Safety and Emergency Preparedness Equipment and Related Services
CONTRACTOR
Mallory Safety and Supply, LLC
1040 Industrial Way
Longview, WA 98632
SUPPLIER CODE
1000017276
CONTRACT NO.
4400008495
By mutual agreement, Contract 4400008495 ls amended to renew for four (4) years at existing prices, terms and conditions, effective October 1, 2024, through September 30, 2028. This is the last of the renewal options available.
The contractor shall provide a current Certification of Insurance {COi) in accordance with the CONTRACT INSURANCE PROVISIONS, within ten (10) days after receipt of this executed amendment.
ACCEPTANCE:
BY: ---------------- Director of Government Sales
{Signature) (Title)
Allison Windsor
(Printed)
For: Lee Ann Pender, CPPO
Director/County Purchasing Agent
DISTRIBUTION:
Dept. of Finance - Accounts Payable/a
FRD - Jason Stanley/e
FCPD - Kerene Gordon/e
Sheriffs Office - Michelle Nelson/e
March 16, 2022
{Date)
Contract Specialist Supervisor - J. Pun
ACS, Team 1 - Roxanna Vazquez
Contractor - email: [email protected]
Omnia - email: Victoria Palmieri, [email protected] Department of Procurement & Material Management
12000 Government Center Parkway, Suite 427
Fairfax, VA 22035-00 I 3
Website: www.fairfaxcounty.gov/procurement/
Phone 703-324-320 l, TTY:711, Fax: 703-324-3228
Attachment C
327
1 (Rev. 03.21.22)
CITY OF STOCKTON
COOPERATIVE AGREEMENT AMENDMENT
This Amendment Number 3 to the above referenced Agreement is entered into on between the City of Stockton (“City”) and Mallory Safety and Supply, LLC (“Contractor”).
RECITALS
The City needs to increase the Not to Exceed amount in Exhibit E, Section 1.1, by $300,000.00 to pay for as- needed purchases; and
Insurance Requirements were referenced in the original executed Agreement but were not attached, and the City now seeks to incorporate the intended insurance provisions into the Agreement.
Now therefore, the City and the Contractor mutually agree as follows:
1. The maximum not to exceed amount to be paid to the Contractor shall be $800,000.00.
2. Exhibit A to this Amendment is hereby incorporated into the Agreement as Exhibit B – Proof of insurance consistent with the Requirements referenced in the original executed Agreement are attached and incorporated with this Amendment.
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Mallory Safety and Supply, LLC.
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: Amendment
Number:
2019-07-16-1106
419000325
3 4/24/2025
Darcey Gerber, Public Safety CSR Team Lead
1040 INDUSTRIAL WAY LONGVIEW, WA 98632
4/24/2025
Attachment D
328
1 (Rev. 03.21.22)
Exhibit A:
Insurance Requirements
(Services)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or 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 Attachment D
329
1 (Rev. 03.21.22)
broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.
This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and Attachment D
330
1 (Rev. 03.21.22)
defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and 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.
Attachment D
331
1 (Rev. 03.21.22)
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
Attachment D
332
COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:
1. Cooperative/Piggyback
Name: Sourcewell
2. Contractor: L.N. Curtis
3. Cooperative Agency
Agreement Name and
Agreement Number:
Firefighting Equipment and Rescue Tools with
Related Supplies and Accessories, 020124-LNC
4. Cooperative Agency Initial
Agreement Term:
Start Date: April 22, 2024
End Date: April 4, 2028
5. Cooperative Agency’s
Agreement-Options to
extend: Up to three (3), one (1) year extensions.
6. Cooperative Agency
Amended Term: NA
7. Cooperative Agency
Remaining Options to
Renew: Up to three (3), one (1) year extensions.
8. City of Stockton
Cooperative Purchase
Agreement Term:
Start Date: Upon Execution
End Date: April 4, 2028
9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:
Not to Exceed $785,000.00 for the term of the
Agreement.
Attachment E
333
AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced Firefighting Equipment and Rescue Tools with Related Supplies and Accessories, 020124-LNC (“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).
Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.
1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through April 4, 2028 unless terminated earlier by the City.
If the Cooperative/Piggyback Agency extends the COOP with Contractor by a written amendment, the City has the option to extend the term of this Agreement by written amendment not to go beyond the term stated in the COOP fully executed amendment
2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.
3. Compensation: City and Contractor do hereby enter into this Agreement for Firefighting Equipment and Rescue Tools with Related Supplies and Accessories available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor during the term of this Agreement exceed $785,000.00 for the purchase of Firefighting Equipment and Rescue Tools. Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.
Attachment E
334
4. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
5. Applicable Law. Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.
CITY OF STOCKTON L.N. CURTIS
____________________________ By: __________________________ Steve Colangelo
Interim City Manager Signature
Date:____________________
____________________________
Print name
ATTEST: Title: ________________________
____________________________ [If Contractor is a corporation, signatures must Katherine Roland
CMC, CPMC, City Clerk comply with Corporations Code §313] APPROVED AS TO FORM:
By: __________________________
___________________________ Signature
Lori Asuncion, City Attorney
__________________________
Print name
Title: _______________________
Angela Mackey
Angela Mackey
Director of Customer Service
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Solicitation Number: #020124
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and L.N. Curtis & Sons, 185 Lennon Lane, Suite 110, Walnut Creek, CA 94598 (Supplier).
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issued a public solicitation for Firefighting Equipment and Rescue Tools with Related Supplies and Accessories from which Supplier was awarded a contract.
Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
EXPIRATION DATE AND EXTENSION. This Contract expires April 4, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
EXHIBIT A
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A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
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A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
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x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
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subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
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A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted
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price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
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D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
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b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
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Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
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Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with
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the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
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Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and
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records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
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R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell L.N. Curtis & Sons
By: __________________________ By: __________________________ Jeremy Schwartz Angela Mackey
Title: Chief Procurement Officer Title: Director of Customer Service Fire/Rescue
Date: ________________________ Date: ________________________
Attachment E
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RFP #020124
REQUEST FOR PROPOSALS
for
Firefighting Equipment and Rescue Tools with Related Supplies and Accessories Proposal Due Date: February 1, 2024, 4:30 p.m., Central Time Sourcewell, a State of Minnesota local government unit and service cooperative, is requesting proposals for Firefighting Equipment and Rescue Tools with Related Supplies and Accessories to result in a contracting solution for use by its Participating Entities. Sourcewell Participating Entities include thousands of governmental, higher education, K-12 education, nonprofit, tribal government, and other public agencies located in the United States and Canada. A full copy of the Request for Proposals can be found on the Sourcewell Procurement Portal [https://proportal.sourcewell-mn.gov]. Only proposals submitted through the Sourcewell Procurement Portal will be considered. Proposals are due no later than February 1, 2024, at 4:30 p.m. Central Time, and late proposals will not be considered.
SOLICITATION SCHEDULE
Public Notice of RFP Published: December 14, 2023
Pre-proposal Conference: January 9, 2024, 10:00 a.m., Central Time Question Submission Deadline: January 24, 2024, 4:30 p.m., Central Time Proposal Due Date: February 1, 2024, 4:30 p.m., Central Time Late responses will not be considered.
Opening: February 1, 2024, 4:30 p.m., Central Time
See RFP Section V.G. “Opening”
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I. ABOUT SOURCEWELL
A. SOURCEWELL
Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that facilitates a competitive public solicitation and contract award process for the benefit of its 50,000+ participating entities across the United States and Canada. Sourcewell’s solicitation process complies with State of Minnesota law and policies, conforms to Canadian trade agreements (including Canadian Free Trade Agreement, Ontario-Quebec Trade and Cooperation Agreement, and Canada-European Union Comprehensive Economic and Trade Agreement, as applicable), and results in cooperative purchasing solutions from which Sourcewell’s Participating Entities procure equipment, products, and services.
Cooperative purchasing provides participating entities and suppliers increased administrative efficiencies and the power of combined purchasing volume that result in overall cost savings. At times, Sourcewell also partners with other purchasing cooperatives to combine the purchasing volume of their membership into a single solicitation and contract expanding the reach of contracted suppliers’ potential pool of end users.
Sourcewell uses a website-based platform, the Sourcewell Procurement Portal, through which all proposals to this RFP must be submitted.
B. USE OF RESULTING CONTRACTS
In the United States, Sourcewell’s contracts are available for use by:
• Federal and state government entities1;
• Cities, towns, and counties/parishes;
• Education service cooperatives;
• K-12 and higher education entities;
• Tribal government entities;
• Some nonprofit entities; and
• Other public entities.
In Canada, Sourcewell’s contracts are available for use by:
• Provincial and territorial government departments, ministries, agencies, boards, councils, committees, commissions, and similar agencies; • Indigenous self-governing bodies;
• Regional, local, district, and other forms of municipal government, municipal organizations, school boards, and publicly funded academic, health, and social service 1 Pursuant to HAR §3-128-2, the State of Hawaii, Department of Accounting and General Services, State Procurement Office, on behalf of the State of Hawaii and participating jurisdictions, has provided notice of its Intent to Participate in the solicitation as a participating entity.
Attachment E
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entities referred to as MASH sector (this should be construed to include but not be limited to the Cities of Calgary, Edmonton, Toronto, Ottawa, and Winnipeg), as well as any corporation or entity owned or controlled by one or more of the preceding entities; • Crown corporations, government enterprises, and other entities that are owned or controlled by these entities through ownership interest; and • Members of the Canoe procurement group of Canada, and their partner associations:
Canoe members are regional, local, district or other forms of municipal government, school boards, publicly-funded academic, health and social service entities in Alberta and across Canada, as well as any corporation or entity owned or controlled by one or more of the preceding entities – as well as partner associations, including Saskatchewan Association of Rural Municipalities, Association of Manitoba Municipalities, Local Authorities Services/Association of Municipalities Ontario, Nova Scotia Federation of Municipalities, Federation of Prince Edward Island Municipalities, Municipalities Newfoundland Labrador, Union of New Brunswick Municipalities, North West Territories Association of Communities, CivicInfo BC, and their members.
For a listing of current United States and Canadian Participating Entities visit Sourcewell’s website (note: there is a tab for each country): https://www.sourcewell-mn.gov/sourcewell-forvendors/agency-locator.
Participating Entities typically access contracted equipment, products, or services through a purchase order issued directly to the contracted supplier. A Participating Entity may request additional terms or conditions related to a purchase. Use of Sourcewell contracts is voluntary and Participating Entities retain the right to obtain similar equipment, products, or services from other sources.
To meet Participating Entities’ needs, Sourcewell broadly publishes public notice of all solicitation opportunities, including this RFP. In addition, where applicable, other purchasing cooperatives and procurement officials receive notice and are encouraged to re-post the solicitation opportunity.
Proof of publication will be available at the conclusion of the solicitation process.
II. SOLICITATION DETAILS
A. SOLUTIONS-BASED SOLICITATION
This RFP and contract award process is a solutions-based solicitation; meaning that Sourcewell is seeking equipment, products, or services that meet the general requirements of the scope of this RFP and that are commonly desired or are required by law or industry standards.
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B. REQUESTED EQUIPMENT, PRODUCTS, OR SERVICES
It is expected that proposers will offer a wide array of equipment, products, or services at lower prices and with better value than what they would ordinarily offer to a single government entity, a school district, or a regional cooperative.
1. Sourcewell is seeking proposals for Firefighting Equipment and Rescue Tools with Related Supplies and Accessories, such as:
a. Equipment, tools, supplies, and accessories used for all types of fire and rescue service, including structural firefighting, wildland firefighting, vehicle extrication, technical rescue, vehicle and aircraft rescue, HazMat, and EMS, including, but not limited to:
i. Firefighting water flow equipment;
ii. Fire pumps, skid units, and compressed air foam systems (CAFS); iii. Firefighting suppression;
iv. Firefighting attack, ventilation, and rescue tools; v. Thermal imaging and similar situational awareness equipment; vi. Extrication tools and equipment;
vii. Technical, vertical, trench, and confined space rescue equipment; viii. Portable ladders;
ix. Hazardous materials (HazMat) response equipment;
x. Wildland firefighting equipment and upfits for vehicles, ATV/UTVs; and, xi. Related tools and accessories complementary to the offering of 1.a.i – x. b. Complementary services related to the equipment offered in 1. a. i – x. above, including training, testing, certifications, maintenance or repair, installation and warranty programs.
Proposers may include related equipment, accessories, and services to the extent that these solutions are ancillary or complementary to the equipment, products, or services being proposed.
2. The primary focus of this solicitation is on Firefighting Equipment and Rescue Tools with Related Supplies and Accessories. This solicitation should NOT be construed to include servicesonly solutions.
3. This solicitation does not include those equipment, products, or services covered under categories included in pending or planned Sourcewell solicitations, or in contracts currently maintained by Sourcewell, identified below:
a. Body Armor with Related Accessories, Equipment, and Services (RFP #011221); b. Firefighting Apparatus and Fire Service Vehicles (RFP #113021); Attachment E
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c. Public Safety Training and Simulation Equipment and Technology (RFP #011822); d. Medical Supply Solutions (RFP #022422);
e. Critical Care and EMS Equipment (RFP #041823);
f. Ambulance and Emergency Medical Transport Vehicles, with Related Equipment, Accessories, and Supplies (RFP #122123);
g. Firefighting PPE and Related Equipment Cleaning (RFP #010424); h. Uniforms with Related Products and Services (RFP #011124); and, i. Self-Contained Breathing Apparatus (SCBA) and Breathing Air Systems with Related Equipment (RFP #011824).
Generally, the solutions for Participating Entities are turn-key solutions, providing a combination of equipment, products and services, delivery, and installation to a properly operating status. However, equipment-only or products-only solutions may be appropriate for situations where Participating Entities possess the ability, either in-house or through local thirdparty contractors, to properly install and bring to operation the equipment or products being proposed.
Sourcewell prefers suppliers that provide a sole source of responsibility for the equipment, products, and services provided under a resulting contract. If proposer is including the equipment, products, and services of its subsidiary entities, the proposer must also identify all included subsidiaries in its proposal. If proposer requires the use of distributors, dealers, resellers, or subcontractors to provide the equipment, products, or services, the proposal must address how the equipment, products or services will be provided to Participating Entities, and describe the network of distributors, dealers, resellers, and/or subcontractors that will be available to serve Participating Entities under a resulting contract.
Sourcewell encourages suppliers to offer the broadest possible selection of equipment, products, and services being proposed over the largest possible geographic area and to the largest possible cross-section of Sourcewell current and future Participating Entities.
C. REQUIREMENTS
It is expected that proposers have knowledge of all applicable industry standards, laws, and regulations and possess an ability to market and distribute the equipment, products, or services to Participating Entities.
1. Safety Requirements. All items proposed must comply with current applicable safety or regulatory standards or codes.
2. Deviation from Industry Standard. Deviations from industry standards must be identified with an explanation of how the equipment, products, and services will provide equivalent function, coverage, performance, and/or related services.
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3. New Equipment and Products. Proposed equipment and products must be for new, current model; however, proposer may offer certain close-out equipment or products if it is specifically noted in the Pricing proposal.
4. Delivered and operational. Unless clearly noted in the proposal, equipment and products must be delivered to the Participating Entity as operational.
5. Warranty. All equipment, products, supplies, and services must be covered by a warranty that is the industry standard or better.
D. PROSPECTIVE CONTRACT TERM
The term of any resulting contract(s) awarded by Sourcewell under this solicitation will be four years. Sourcewell and supplier may agree to up to three additional one-year extensions based on the best interests of Sourcewell and its Participating Entities. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.
E. ESTIMATED CONTRACT VALUE AND USAGE
Based on past volume of similar contracts, the estimated annual value of all transactions from contracts resulting from this RFP are anticipated to be USD $35 Million; therefore, proposers are expected to propose volume pricing. Sourcewell anticipates considerable activity under the contract(s) awarded from this RFP; however, sales and sales volume from any resulting contract are not guaranteed.
F. MARKETING PLAN
Proposer’s sales force will be the primary source of communication with Participating Entities.
The proposer’s Marketing Plan should demonstrate proposer’s ability to deploy a sales force or dealer network to Participating Entities, as well as proposer’s sales and service capabilities. It is expected that proposer will promote and market any contract award.
G. ADDITIONAL CONSIDERATIONS
1. Contracts will be awarded to proposers able to best meet the need of Participating Entities. Proposers should submit their complete line of equipment, products, or services that are applicable to the scope of this RFP.
2. A proposer may submit only one proposal. If related, affiliated, or subsidiary entities elect to submit separate proposals, rather than a single parent-entity proposal, each such proposal must be prepared independently and without cooperation, collaboration, or collusion.
3. If a proposer works with a consultant on its proposal, the consultant (an individual or company) may not assist any other entity with a proposal for this solicitation.
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4. Proposers should include all relevant information in its proposal, since Sourcewell cannot consider information that is not included in the proposal. Sourcewell reserves the right to verify proposer’s information and may request clarification from a proposer, including samples of the proposed equipment or products.
5. Depending upon the responses received in a given category, Sourcewell may need to organize responses into subcategories in order to provide the broadest coverage of the requested equipment, products, or services to Participating Entities. Awards may be based on a subcategory.
6. A proposer’s documented negative past performance with Sourcewell or its Participating Entities occurring under a previously awarded Sourcewell contract may be considered in the evaluation of a proposal.
III. PRICING
A. REQUIREMENTS
All proposed pricing must be:
1. Either Line-Item Pricing or Percentage Discount from Catalog Pricing, or a combination of these:
a. Line-item Pricing is pricing based on each individual product or services. Each line must indicate the proposer’s published “List Price,” as well as the “Contract Price.” b. Percentage Discount from Catalog or Category is based on a percentage discount from a catalog or list price, defined as a published Manufacturer’s Suggested Retail Price (MSRP) for the products or services. Individualized percentage discounts can be applied to any number of defined product groupings. Proposers will be responsible for providing and maintaining current published MSRP with Sourcewell, and this pricing must be included in its proposal and provided throughout the term of any contract resulting from this RFP.
2. The proposer’s not to exceed price. A not to exceed price is the highest price for which equipment, products, or services may be billed to a Participating Entity. However, it is permissible for suppliers to sell at a price that is lower than the contracted price.
3. Stated in U.S. and Canadian dollars (as applicable).
4. Clearly understandable, complete, and fully describe the total cost of acquisition (e.g., the cost of the proposed equipment, products, and services delivered and operational for its intended purpose in the Participating Entity’s location).
Proposers should clearly identify any costs that are NOT included in the proposed product or service pricing. This may include items such as installation, set up, mandatory training, or initial inspection. Include identification of any parties that impose such costs and their relationship to the proposer. Additionally, proposers should clearly describe any unique distribution and/or delivery methods or options offered in the proposal.
B. ADMINISTRATIVE FEES
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Proposers awarded a contract are expected to pay to Sourcewell an administrative fee in exchange for Sourcewell facilitating the resulting contracts. The administrative fee is normally calculated as a percentage of the total sales to Participating Entitiesfor all contracted equipment, products, or services made during a calendar quarter, and is typically one percent (1%) to two percent (2%). In some categories, a flat fee may be an acceptable alternative.
IV. CONTRACT
Proposers awarded a contract will be required to execute a contract with Sourcewell (see attached template). Only those modifications the proposer indicates in its proposal will be available for discussion. Much of the language in the Contract reflects Minnesota legal requirements and cannot be altered. Numerous and/or onerous exceptions that contradict Minnesota law may result in the proposal being disqualified from further review and evaluation.
To identify any exception, or to request any modification, to Sourcewell’s standard Contract terms, conditions, or specifications, a proposer must submit the proposed exception(s) or requested modification(s) via redline in the Contract Template provided in the “Documents” section of the “Bid Details” page on the Sourcewell Procurement Portal and uploaded as part of its response. Only those exceptions noted at the time of the proposal submission will be considered.
Exceptions must:
1. Clearly identify the affected article and section.
2. Clearly note the requested modification; and as applicable, provide requested alternative language.
Unclear requests will be automatically denied.
Only those exceptions that have been accepted by Sourcewell will be included in the contract document provided to the awarded supplier for signature.
If a proposer receives a contract award resulting from this solicitation it will have up to 30 days to sign and return the contract. After that time, at Sourcewell’s sole discretion, the contract award may be revoked.
V. RFP PROCESS
A. PRE-PROPOSAL CONFERENCE
Sourcewell will hold an optional, non-mandatory pre-proposal conference via webcast on the date and time noted in the Solicitation Schedule for this RFP and on the Sourcewell Procurement Portal. The purpose of this conference is to allow potential proposers to ask questions regarding this RFP and Sourcewell’s competitive contracting process. Information Attachment E
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about the webcast will be sent to all entities that have registered for this solicitation opportunity through their Sourcewell Procurement Portal Vendor Account. Pre-proposal conference attendance is optional.
B. QUESTIONS REGARDING THIS RFP AND ORAL COMMUNICATION
All questions regarding this RFP must be submitted through the Sourcewell Procurement Portal.
The deadline for submission of questions is found in the Solicitation Schedule and on the Sourcewell Procurement Portal. Answers to questions will be issued through an addendum to this RFP. Repetitive questions will be summarized into a single answer and identifying information will be removed from the submitted questions.
All questions, whether specific to a proposer or generally related to the RFP, must be submitted using this process. Do not contact individual Sourcewell staff to ask questions or request information as this may disqualify the proposer from responding to this RFP. Sourcewell will not respond to questions submitted after the deadline.
C. ADDENDA
Sourcewell may modify this RFP at any time prior to the proposal due date by issuing an addendum. Addenda issued by Sourcewell become a part of the RFP and will be delivered to potential proposers through the Sourcewell Procurement Portal. Sourcewell accepts no liability in connection with the delivery of any addenda.
Before a proposal will be accepted through the Sourcewell Procurement Portal, all addenda, if any, must be acknowledged by the proposer by checking the box for each addendum. It is the responsibility of the proposer to check for any addenda that may have been issued up to the solicitation due date and time.
If an addendum is issued after a proposer submitted its proposal, the Sourcewell Procurement Portal will WITHDRAW the submission and change the proposer’s proposal status to INCOMPLETE. The proposer can view this status change in the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account. The proposer is solely responsible to check the “MY BIDS” section of the Sourcewell Procurement Portal Vendor Account periodically after submitting its proposal (and up to the Proposal Due Date). If the proposer’s proposal status has changed to INCOMPLETE, the proposer is solely responsible to:
i) make any required adjustments to its proposal;
ii) acknowledge the addenda; and
iii) ensure the re-submitted proposal is received through the Sourcewell Procurement Portal no later than the Proposal Due Date and time shown in the Solicitation Schedule above.
D. PROPOSAL SUBMISSION
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Proposer’s complete proposal must be submitted through the Sourcewell Procurement Portal no later than the date and time specified in the Solicitation Schedule. Any other form of proposal submission, whether electronic, paper, or otherwise, will not be considered by Sourcewell. Late proposals will not be considered. It is the proposer’s sole responsibility to ensure that the proposal is received on time.
It is recommended that proposers allow sufficient time to upload the proposal and to resolve any issues that may arise. The time and date that a proposal is received by Sourcewell is solely determined by the Sourcewell Procurement Portal web clock.
In the event of problems with the Sourcewell Procurement Portal, follow the instructions for technical support posted in the portal. It may take up to 24 hours to respond to certain issues.
Upon successful submission of a proposal, the Sourcewell Procurement Portal will automatically generate a confirmation email to the proposer. If the proposer does not receive a confirmation email, contact Sourcewell’s support provider at [email protected].
To ensure receipt of the latest information and updates via email regarding this solicitation, or if the proposer has obtained this solicitation document from a third party, the onus is on the proposer to create a Sourcewell Procurement Portal Vendor Account and register for this solicitation opportunity.
Within the Sourcewell Procurement Portal, all proposals must be digitally acknowledged by an authorized representative of the proposer attesting that the information contained in in the proposal is true and accurate. By submitting a proposal, proposer warrants that the information provided is true, correct, and reliable for purposes of evaluation for potential contract award.
The submission of inaccurate, misleading, or false information is grounds for disqualification from a contract award and may subject the proposer to remedies available by law.
E. GENERAL PROPOSAL REQUIREMENTS
Proposals must be:
• In substantial compliance with the requirements of this RFP or it will be considered nonresponsive and be rejected.
• Complete. A proposal will be rejected if it is conditional or incomplete. • Submitted in English.
• Valid and irrevocable for 90 days following the Proposal Due Date.
Any and all costs incurred in responding to this RFP will be borne by the proposer.
F. PROPOSAL WITHDRAWAL
Prior to the proposal deadline, a proposer may withdraw its proposal.
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G. OPENING
The Opening of proposals will be conducted in the Sourcewell Procurement Portal immediately following the proposal due date and time. To view the list of proposers resulting from the opening, verify that the Sourcewell Procurement Portal opportunities list search is set to “All” or “Closed.”
Members of the public may attend the Opening at Sourcewell’s office located at 202 12th Street NE, Staples, MN to hear the results.
VI. EVALUATION AND AWARD
A. EVALUATION
It is the intent of Sourcewell to award one or more contracts to responsive and responsible proposers offering the best overall quality, selection of equipment, products, and services, and price that meet the commonly requested specifications of Sourcewell and its Participating Entities. The award(s) will be limited to the number of proposers that Sourcewell determines is necessary to meet the needs of its Participating Entities.
Factors to be considered in determining the number of contracts to be awarded in any category may include the following:
• Total evaluation scores (giving consideration to natural breaks in the scoring of responsive proposals);
• The number and geographic location of highest-scoring proposers that offer:
o A comprehensive selection of the requested equipment, products, or services; o A sales and service network ensuring availability and coverage for Participating Entities’ use; and
o Other attributes of the proposer or contents of its proposal that assist Participating Entities in achieving environmental and social requirements, and goals.
Information submitted as part of a proposal should be as specific as possible when responding to the RFP. Do not assume Sourcewell has any knowledge about a specific supplier or product.
B. AWARD(S)
Award(s) will be made to the highest-scoring proposer(s) whose proposal conforms to all conditions and requirements of the RFP, and consistent with the award criteria defined in this RFP.
Sourcewell may request written clarification of a proposal at any time during the evaluation process.
Proposal evaluation will be based on the following scoring criteria and the Sourcewell Evaluator Scoring Guide (a copy is available in the Sourcewell Procurement Portal):
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Conformance to RFP Requirements 50
Financial Viability and Marketplace Success 75
Ability to Sell and Deliver Service 150
Marketing Plan 50
Value Added Attributes 75
Warranty 50
Depth and Breadth of Offered Equipment, Products, or Services 150 Pricing 400
TOTAL POINTS 1000
C. PROTESTS OF AWARDS
Any protest made under this RFP by a proposer must be in writing, addressed to Sourcewell’s Executive Director, and delivered to the Sourcewell office located at 202 12th Street NE, P.O.
Box 219, Staples, MN 56479. All documents that comprise the complete protest package must be received, and time stamped at the Sourcewell office by 4:30 p.m., Central Time, no later than 10 calendar days following Sourcewell’s notice of contract award(s) or non-award. A protest must allege a procedural, technical, or legal defect, with supporting documentation. A protest that merely requests a re-evaluation of a proposal’s content will not be entertained A protest must include the following items:
• The name, address, and telephone number of the protester; • Identification of the solicitation by RFP number;
• A precise statement of the relevant facts;
• Identification of the alleged procedural, technical, or legal defect; • Analysis of the basis for the protest;
• Any additional supporting documentation;
• The original signature of the protester or its representative; and • Protest bond in the amount of $20,000 (except where prohibited by law or treaty).
Protests that do not address these elements will not be reviewed.
D. RIGHTS RESERVED
This RFP does not commit Sourcewell to award any contract, and a proposal may be rejected if it is nonresponsive, conditional, incomplete, conflicting, or misleading. Proposals that contain false statements or do not support an attribute or condition stated by the proposer may be rejected.
Sourcewell reserves the right to:
• Modify or cancel this RFP at any time;
• Reject any and all proposals received;
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• Reject proposals that do not comply with the provisions of this RFP; • Select, for contracts or for discussion, a proposal other than that with the lowest cost; • Independently verify any information provided in a proposal; • Disqualify any proposer that does not meet the requirements of this RFP, is debarred or suspended by the United States or Canada, State of Minnesota, Participating Entity’s state or province; has an officer, or other key personnel, who have been charged with a serious crime; or is bankrupt, insolvent, or where bankruptcy or insolvency are a reasonable prospect;
• Waive or modify any informalities, irregularities, or inconsistencies in the proposals received;
• Clarify any part of a proposal and discuss any aspect of the proposal with any proposer; and negotiate with more than one proposer;
• Award a contract if only one responsive proposal is received if it is in the best interest of Participating Entities; and
• Award a contract to one or more proposers if it is in the best interest of Participating Entities.
E. DISPOSITION OF PROPOSALS
All materials submitted in response to this RFP will become property of Sourcewell and will become public record in accordance with Minnesota Statutes Section 13.591, after negotiations are complete. Sourcewell considers that negotiations are complete upon execution of a resulting contract. It is the proposer’s responsibility to clearly identify any data submitted that it considers to be protected. Proposer must also include a justification for the classification citing the applicable Minnesota law. Sourcewell may reject proposals that are marked confidential or nonpublic, either substantially or in their entirety.
Sourcewell will not consider the prices submitted by the proposer to be confidential, proprietary, or trade secret materials. Financial information, including financial statements, provided by a proposer is not considered trade secret under the statutory definition.
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1/19/2024
Addendum No. 1
Solicitation Number: RFP 020124
Solicitation Name: Firefighting Equipment and Rescue Tools with Related Supplies and Accessories
Consider the following Questions and Answers to be part of the above-titled solicitation documents. The remainder of the documents remain unchanged.
Question 1:
If we intend to submit a bid proposal, but at the current time do not have an identified CAGE code or Unique Entity Identifier #, will our bid proposal be disqualified automatically? or is this CAGE code or Unique Entity Identifier # only required for federal buyer participants?
Answer 1:
A CAGE or Unique Entity Identifier (SAM) code is not required to be considered for or awarded a Sourcewell contract. Proposals are evaluated based on the criteria as stated in the RFP.
Refer to the General Instructions above Questionnaire Table 1. Respond “N/A” if a question does not apply (preferably with an explanation).
End of Addendum
Acknowledgement of this Addendum to RFP 020124 posted to the Sourcewell Procurement Portal on 1/19/2024, is required at the time of proposal submittal.
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Daily Journal of Commerce
1618 SW First Ave., Suite 400
Portland, OR, 97201
Phone: 503-226-1311 Fax: 503-222-5358
Affidavit of Publication
To: Sourcewell - Carol Jackson
Po Box 219
Staples, MN, 564790219
Re: Legal Notice 2565334, FIREFIGHTING EQUIPMENT AND RESCUE TOOLS WITH RELATED SUPPLIES AND
ACCESSORIES
State of OR }
} SS:
County of Multnomah }
I, Michelle A. Ropp, being duly sworn, depose and say that I am the Principal Clerk of the Daily Journal of Commerce, a newspaper of general circulation in the counties of CLACKAMAS, MULTNOMAH, and WASHINGTON as defined by ORS 193.101 and 193.020, published in Portland in the aforesaid County and State; that I know from my personal knowledge that the notice described as:
FIREFIGHTING EQUIPMENT AND RESCUE TOOLS WITH RELATED SUPPLIES AND ACCESSORIES
SOURCEWELL
a printed copy of which is hereto annexed, was published in the entire issue of said newspaper 1 time(s) in the following issues:
12/15/2023.
SEE EXHIBIT A
State of Oregon
County of Multnomah
SIGNED OR ATTESTED BEFORE ME ON 20th day of December 2023