Agenda packet — City Council and Concurrent Authorities, November 4, 2025 (part 1 of 4)

City Council and Concurrent Authorities
City of Stockton
Meeting Agenda - Final
City Council and
Concurrent Authorities
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
3:00 PMTuesday, November 4, 2025
Closed Session 3:00 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 25-1235 PUBLIC EMPLOYEE / PUBLIC EMPLOYEE RECRUITMENT:

Recommended Action: City Manager

This Closed Session is authorized pursuant to Government Code section 54957(b).

Department: City Attorney

3.2 25-1207 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED

LITIGATION
Number of Cases: One
Based on existing facts and circumstances a point has been reached where, in the opinion of the legislative body of the local agency on the advice of its legal counsel, there is a significant exposure to litigation against the local agency pursuant to government Code sections 54956.9(d)(2) and 54956.9(e)(3).

Department: City Attorney

3.3 25-1188 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two

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November 4, 2025City Council and Concurrent
Authorities
Meeting Agenda - Final
Name of Case: Central California Traction Company, Claim No. 4A25048P2WS-0001
Name of Case: Police Officer/Chief Pilot Daniel Lowry, (Workers’ Compensation Appeals Board Case No.

ADJ15808841)
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

3.4 25-1189 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: Acting City Manager; Deputy City Manager Chad Reed; City Attorney; Director of Human Resources; Assistant Director of Human Resources; Jasmine Pantoja, Supervising HR Analyst; Brandon Sepulveda, Interim Budget Officer; and Legal Counsel, Dania Torres Wong of 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

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

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November 4, 2025City Council and Concurrent
Authorities
Meeting Agenda - Final

12. CONSENT AGENDA

12.1 25-1256 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of October 6, 2025 Department: City Clerk
Attachment A - 2025-10-06 Special Closed Session
Attachment B - 2025-10-06 Special Study Session
Attachments:

12.2 25-1105 ADOPT A RESOLUTION REMOVING A COMMISSIONER FROM THE

STOCKTON ARTS COMMISSION
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution removing Maurice Spiller from the Stockton Arts Commission due to violation of the attendance policy.

Department: Community Services
Attachment A - Attendance Policy
Proposed Resolution
Attachments:

12.3 25-0940 ADOPT A RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 6 WITH EVOQUA WATER TECHNOLOGIES TO PURCHASE

HYDROGEN PEROXIDE AND SERVICE SOFTWARE FOR

WASTEWATER TREATMENT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize Contract Amendment No. 6 with Evoqua Water Technologies LLC, of Chicago, Illinois, (Exhibit 1 to the Resolution) for the purchase of hydrogen peroxide and service software for wastewater treatment and fund Contract Amendment No. 6 in the amount of $200,000 for a total contract not-to-exceed amount to $2,129,260.

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Contract Amendment No. 6
Attachments:

12.4 25-1055 ADOPTION OF PROPOSED AMENDMENT TO CHAPTER 3.02 OF

THE COUNCIL POLICY MANUAL - COUNCIL AND MAYORAL

APPOINTMENTS TO COMMITTEES, BOARDS, AND COMMISSIONS

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November 4, 2025City Council and Concurrent
Authorities
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt the proposed amendment to Chapter 3.02 of the Council Policy Manual regarding Council and Mayoral appointments to committees, boards, and Commissions.

Department: None
Attachment A - CPM 3.02 - redline
Proposed Resolution
Exhibit 1 - CPM 3.02
Attachments:

12.5 25-1120 APPROVE MOTION TO EXECUTE AN AGREEMENT WITH IDEXX

LABORATORIES FOR DIAGNOSTIC EQUIPMENT IN AN AMOUNT
NOT TO EXCEED $60,283 ANNUALLY AND $343,614 FOR A 6-YEAR TERM
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Authorize the City Manager, or designee, to execute an agreement for diagnostic equipment not to exceed $60,283 annually and $343,614 for a 6-year term; and

2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

It is further recommended that the City Manager, or designee, is hereby authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.

Department: Police
Attachment A - IDEXX 360 AgreementAttachments:

12.6 25-1160 APPROVE MOTION TO ACCEPT REQUEST FOR REFUND AS

REQUESTED BY THE STOCKTON POLICE DEPARTMENT IN THE
AMOUNT OF $52,980
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion:

1. Authorizing the City Manager, or designee, to accept a request for refund as requested by the Stockton Police Department in the amount of $52,980.

2. Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of the motion.

Department: Police
Attachment A - SPD Evidence Disposition RequestAttachments:

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November 4, 2025City Council and Concurrent
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Meeting Agenda - Final

12.7 25-1069 APPROVE MOTION TO EXECUTE A THREE (3) YEAR STANDARD AGREEMENT, WITH TWO (2) ADDITIONAL ONE-YEAR OPTIONS TO

EXTEND, FOR ROTATING TOWING SERVICES IN AN AMOUNT NOT
TO EXCEED $100,000
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Authorize the City Manager, or designee, to execute a three (3) year Standard Agreement, with two (2) one-year options to extend, for rotating towing services between the City of Stockton (City) and the listed tow companies.

2. It is further recommended that the City Manager, or designee, 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
Attachment A - Tow Rotation Standard AgreementAttachments:

12.8 25-1063 APPROVE MOTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 5 FOR PARKS MAINTENANCE AND JANITORIAL PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Contract Change Order No. 5, in the amount of $391,082.06, with Al Fresco Landscaping, Inc. of Hollister, CA, for the Parks Maintenance and Janitorial , Project No. OM-23-039.

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

Department: Public Works
Attachment A - CCO No. 5 with Al Fresco Landscaping, Inc.Attachments:

12.9 25-0908 APPROVE MOTION TO AUTHORIZE PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 12, AUTHORIZE PROFESSIONAL
SERVICES CONTRACT AMENDMENT NO. 8, AND AUTHORIZE
CONTRACT CHANGE ORDER NO. 26 FOR THE NEW CITY HALL

RENOVATIONS AND RELOCATION PROJECT

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November 4, 2025City Council and Concurrent
Authorities
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Authorize Professional Services Contract Amendment No. 12 in the amount of $186,000 with Indigo | Hammond + Playle Architects, LLP for design support during construction for the New City Hall Renovations and Relocation, Project No. E016015.

2. Authorize Professional Services Contract Amendment No. 8 in the amount of $400,000 with Griffin Structures, Inc. for construction management services for the New City Hall Renovations and Relocation, Project No. E016015.

3. Authorize the City Manager to enter into Balancing Contract Change Order No. 3 with DSS Company dba Knife River Construction, in the amount not to exceed $80,000 for the Stockton City Hall Parking Lot, Project No. E016015-A.

4. Authorize Contract Change Order No. 26 in the amount of $496,820.18 with Roebbelen Contracting, Inc. for construction of the New City Hall Renovations and Relocation, Project No. E016015.

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

Department: Public Works
Attachment A - Vicinity Map
Attachment B - Amendment No. 12
Attachment C - Amendment No. 8
Attachment D - CCO No. 26
Attachments:

12.10 25-0928 ADOPT RESOLUTION TO AUTHORIZE THE SAFE ROUTES TO SCHOOL SIDEWALK GAP CLOSURE - PHASE 1 PROJECT

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November 4, 2025City Council and Concurrent
Authorities
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Appropriate federal Surface Transportation Block Grant Program funds in the amount of $1,677,428 to the Safe Routes to School Sidewalk Gap Closure - Phase 1, Project No. WT19013/Federal Project No.

ATPSB1L-5008(187).

2. Appropriate Community Development Block Grant funds in the amount of $500,000 to the Safe Routes to School Sidewalk Gap Closure - Phase 1, Project No. WT19013/Federal Project No. ATPSB1L-5008(187).

3. Approve the plans and specifications for the Safe Routes to School Sidewalk Gap Closure - Phase 1, Project No. WT19013/Federal Project No. ATPSB1L-5008(187).

4. Award a Construction Contract in the amount of $2,109,395 to FBD Vanguard Construction, Inc. of Livermore, CA, for the Safe Routes to School Sidewalk Gap Closure - Phase 1, Project No. WT19013/Federal Project No. ATPSB1L-5008(187).

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
Proposed Resolution
Exhibit 1 - Construction Contract
Attachments:

12.11 25-1253 ADOPTION OF PROPOSED AMENDMENT TO CHAPTER 4.06 OF

THE COUNCIL POLICY MANUAL- COUNCIL COMMENTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt the proposed amendment to Chapter 4.06, section 4.06.020 of the Council Policy Manual regarding council comments.

Department: City Attorney
Attachment A - Council Policy 4.06 - redline
Proposed Resolution
Exhibit 1 - Council Policy 4.06 (Clean)
Attachments:

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. HEARINGS**

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November 4, 2025City Council and Concurrent
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Meeting Agenda - Final

15.1 25-0892 PREZONE REQUEST FOR A DRIVE THROUGH QUICK-SERVE RESTAURANT DEVELOPMENT AT 9324 THORNTON ROAD (APN
072-450-26) (APPLICATION NO. P23-0295)
Recommended Action: RECOMMENDATION
Staff recommends the City Council affirm the Planning Commission's recommendation and adopt a resolution to deny the prezoning and annexation request and uphold the Planning Commission's denial of the Design Review request for the construction of a Jack-in-the-Box quick-serve drive-through restaurant at 9324 Thornton Road, based on the inability to make all required findings in the proposed resolution.

Department: Community Development
Attachment A - Location Map & Aerial Photo
Attachment B - General Plan Land Use Map
Attachment C - Zoning Map
Attachment D - Conceptual Project Plans
Attachment E - Prezone Description and Map
Attachment F - Planning Commission Reso 2025-08-14-0302 Proposed Resolution Recommending Denial
PPT - 15.1 - 9324 Thornton Road
Attachments:

15.2 25-0999 CITY-INITIATED ORDINANCE AMENDING TITLE 16 OF THE STOCKTON MUNICIPAL CODE, DIVISION 2, CHAPTER 16.20 TO
SUPPORT IMPLEMENTATION OF THE 2023-2031 STOCKTON

HOUSING ELEMENT IN COMPLIANCE WITH STATE LAW
Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Find no further environmental review is required for proposed code amendments pursuant to the California Environmental Quality Act (CEQA) Section 15183 (consistency with General Plan and Community Plan); and

2. Adopt an Ordinance Amending Title 16 (Development Code) of the Stockton Municipal Code (SMC), Chapter 16.20, Section 16.20.020 (Allowable Land Uses and Permit Requirements).

Department: Community Development
Attachment A - PC Resolution
Attachment B - Redline Version
Proposed Ordinance
PPT - 15.2 - Amending SMC 16.20
Attachments:

16. NEW BUSINESS

16.1 25-1192 ADOPT A MOTION TO ACCEPT AND APPROVE THE NOTICE OF

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November 4, 2025City Council and Concurrent
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Meeting Agenda - Final

FUNDING AVAILABILITY (NOFA) PROCESSES TO BE USED BY

THE ECONOMIC DEVELOPMENT DEPARTMENT TO ISSUE

AWARDS OF STATE AND FEDERAL GRANT FUNDING TO

ELIGIBLE APPLICANTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a motion to:

1. Accept and approve the Notice of Funding Availability (NOFA) processes to be used in determining competitive funding awards related to State and Federal funding grants administered by the Economic Development Department; and

2. Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this motion.

Department: Economic Development
Attachment A - March 2025 Special Council Meeting
Attachment B - October 2025 Presentation
PPT - 16.1 - NOFA Process Approval
Attachments:

16.2 25-0617 UNITED WAY OF SAN JOAQUIN COUNTY UPDATE ON THE

NONPROFIT CAPACITY BUILDING PROGRAM
Recommended Action: RECOMMENDATION
Informational item only.

Department: Economic Development
Attachment A - Executive Summary
PPT - 16.2 - Nonprofit Capacity Building Program
Attachments:

16.3 25-1104 CITYWIDE POOL ASSESSMENT AND STRATEGIC OPTIONS FOR

AQUATICS FACILITIES
Recommended Action: RECOMMENDATION
It is recommended that City Council provide direction to staff regarding future investment in City aquatics facilities.

Three options are presented:

1. Repair the pools to meet minimum code compliance.

2. Modernize Brooking Park, Holiday Park, Oak Park, Sherwood Park, and Sousa Park pools.

3. Decommission Brooking Park, Holiday Park, Sherwood Park, and Sousa Park pools, and consolidate resources into the design of Oak Park Pool as a regional aquatics complex, while operating McKinley and Victory Park pools, and the high school pools in partnership with local districts.

Future funding would be needed for the construction.

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November 4, 2025City Council and Concurrent
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Meeting Agenda - Final
Department: Community Services
Attachment A - Stockton Pool Needs Assessment
PPT - 16.3 - Pool Needs Assessment
Attachments:

16.4 25-1208 SILVER LAKE FAMILY CAMP DISCUSSION AND NEXT STEPS Recommended Action: RECOMMENDATION
Receive and review the findings of a Facility Condition Assessment (FCA) for the Stockton Municipal Family Camp at Silver Lake, and provide direction to staff regarding whether to pursue reopening the camp.

Department: Community Services
Attachment A - Silver Lake Campground FCA Final Report
PPT - 16.4 - Silver Lake Campground Facility Assessment Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

1. INFORMATIONAL ITEMS

1.1 25-1254 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.

Department: City Clerk
Ad Hoc Homelessness 2025-04-03
CICP 2025-03-26
CSC 2025-08-05
CSC 2025-08-21
Leg 2024-02-26
PC 2025-06-12
Attachments:

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November 4, 2025City Council and Concurrent
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Meeting Agenda - Final

CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on October 30, 2025 in compliance with the Brown Act.

Katherine Roland, CMC, CPMC
City Clerk
By: ________________________________

Deputy

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November 4, 2025City Council and Concurrent
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Meeting Agenda - Final

PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. 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.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8458, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.

Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.

CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

Council Policy Manual Chapter 4.07 DECORUM
§ 4.07.010 Policy.
1) COUNCILMEMBERS

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November 4, 2025City Council and Concurrent
Authorities
Meeting Agenda - Final
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 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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City of Stockton
Legislation Text
File #: 25-1256, Version: 1

APPROVAL OF CITY COUNCIL MINUTES

RECOMMENDATION
Approve the minutes from the City Council meetings of October 6, 2025 Attachment A - 2025-10-06 Special Closed Session
Attachment B - 2025-10-06 Special Study Session
City of Stockton Printed on 10/30/2025Page 1 of 1
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Attachment A
Attachment B
Attachment B
City of Stockton
Legislation Text
File #: 25-1105, Version: 1

ADOPT A RESOLUTION REMOVING A COMMISSIONER FROM THE STOCKTON ARTS

COMMISSION

RECOMMENDATION
It is recommended that the City Council adopt a resolution removing Maurice Spiller from the Stockton Arts Commission due to violation of the attendance policy.

DISCUSSION
Background
The Stockton Arts Commission is the arts advocacy agency of the City of Stockton. It serves as a catalyst to support, sustain, and strengthen the community by increasing awareness, opportunities, and involvement in arts and cultural activities. The Commission is established by the Stockton City Council and governed by City Ordinance, City Code, and Commission Bylaws.

Present Situation
It is recommended that the City Council remove Commissioner Maurice Spiller from the Stockton Arts Commission for failing to meet the attendance requirements as prescribed in Council Policy and the Commission Bylaws. Specifically, a Commissioner’s unexcused absence from either three consecutive regular meetings or five or more regular meetings in any twelve-month period results in the position being vacated, subject to City Council ratification. Commissioner Spiller has missed five meetings in the last rolling calendar year, including four consecutive meetings from April to July.

This action will create a vacancy on the Stockton Arts Commission. The vacancy will be filled in accordance with City procedures, requiring Mayor appointment and City Council approval.

FINANCIAL SUMMARY
There is no direct fiscal impact associated with this action, as members of the Stockton Arts Commission receive no remuneration.

Attachment A - Attendance Policy
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CHAPTER 3.03

ATTENDANCE POLICY FOR APPOINTEES
§ 3.03.010. Policy.
§ 3.03.020. Responsibilities.

Members of boards, commissions and/or committees: Adhere to the established attendance policy. 1) For any Board, Commission and Committee (hereafter "Commission") that meets more than once a month, a Commissioner's absence from either three consecutive meetings or five or more meetings in any 12-month period shall result in the position being vacated, subject to City Council ratification as provided in this section. For any Commission that meets once a month or less frequently, a Commissioner's absences from 25% or more of the meetings in any 12-month period shall result in the position being vacated, subject to City Council ratification as provided in this section. Meetings that are cancelled due to lack of quorum prior to the meeting date will be included in this attendance policy. 2) Excused absences shall include illness or other medical reasons, work related conflicts and scheduled vacations when notice is provided at least 30 days in advance. The assigned staff support person of the particular Commission shall determine if the absence is excused; provided a commissioner provides reasonable notice in writing, including 30 days' notice of scheduled vacation, of the absence to the staff person assigned to the Commission. 3) The staff person assigned to the Commission shall record the attendance of Commissioners in a uniform format as shown on Board/Commission/Committee Attendance Report and submit the report to the City Clerk's Office. The Clerk's Office shall provide Attendance Reports to the City Council on a quarterly basis. As to any Commissioner who is a Councilmember's direct appointment, if the attendance record of that Commissioner is such that absences would result in the position being vacated, the Clerk's Office shall notify the Councilmember from that district of the Commissioner's attendance record. If the attendance records indicate that any Commissioner has exceeded the number of absences as provided in subsection 1 above, the Councilmember may direct the Clerk's Office to prepare a report to the City Council so stating and recommending that the City Council ratify that the position has been vacated. The City Council, at a regular meeting, shall consider the recommendation and take whatever action the City Council deems appropriate. If the City Council ratifies that the position has been vacated due to absences, the staff person shall notify any outside agency on which the Commissioner sat of the Council action.
4) The following Boards and Commissions are not directly appointed by City Council and require removal by their appointing bodies:

Stockton Arts Commission
Parks and Recreation Commission
Council Cultural Heritage Board
Salary Setting Commission
City of Stockton, CA
§ 3.03.010 § 3.03.030
Downloaded from https://ecode360.com/ST5019 on 2025-04-02

ATTACHMENT A
§ 3.03.030. Relevant authority.

City Charter Section 2400; Stockton Municipal Code.
§ 3.03.040. Related administrative directive, city policy, city procedure.

None applicable.
§ 3.03.050. Related forms, documents, or links.

Board/Commission/Committee Attendance Report.
§ 3.03.055. Frequently asked questions.

None applicable.
§ 3.03.060. Update history.
10/31/77 - Adopted by Resolution No. 34,620
2/6/84 - Amended by Resolution No. 40-380
8/25/86 - Amended by Resolution No. 86-0549
11/7/88 - Amended by Resolution No. 88-0696
1/3/89 - Amended by Resolution No. 89-0017
3/19/90 - Amended by Resolution No. 90-0174
4/1/91 - Amended by Resolution No. 91-0211
5/28/91 - Amended by Resolution No. 91-0390
2/22/93 - Amended by Resolution No. 93-0070
10/10/95 - Amended by Resolution No. 95-0490
6/10/96 - Amended by Resolution No. 96-0303
5/01/07 - Amended by Resolution No. 07-0172
8/24/10 - Amended by Resolution No. 10-0271
6/28/11 - Amended by Resolution No. 11-0175
12/13/11 - Repealed and replaced by Resolution No. 11-0332 10/09/12 - Amended by Resolution No. 2012-10-09-1203
1/26/16 - Amended by Resolution No. 2016-01-26-1203
7/9/24 - Amended by Resolution No. 2024-07-09-1503
City of Stockton, CA
§ 3.03.030 § 3.03.060
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ATTACHMENT A

Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION REMOVING MAURICE SPILLER FROM THE STOCKTON ARTS

COMMISSION

Members of the Stockton Arts Commission are appointed by the Mayor , with the approval of the City Council; and

Commissioner Maurice Spiller has failed to meet the attendance requirements as set forth in Council Policy and the Stockton Arts Commission Bylaws; and

In accordance with Council Policy Chapter 3.02.010 and the Stockton Arts Commission Bylaws, a Commissioner’s unexcused absence from ei ther three consecutive regular meetings or five or more regular meetings in any twelve -month period shall result in the position being vacated, subject to City Council ratification; now, therefore,

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

1. The City Council hereby removes Maurice Spiller from the Stockton Arts Commission for failure to comply with attendance requirements.

2. The Mayor, with the approval of the City Council, agrees with the Community Services Department's current recommendation.

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

PASSED, APPROVED and ADOPTED November 4, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
City of Stockton
Legislation Text
File #: 25-0940, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 6 WITH EVOQUA

WATER TECHNOLOGIES TO PURCHASE HYDROGEN PEROXIDE AND SERVICE SOFTWARE

FOR WASTEWATER TREATMENT

RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize Contract Amendment No. 6 with Evoqua Water Technologies LLC, of Chicago, Illinois, (Exhibit 1 to the Resolution) for the purchase of hydrogen peroxide and service software for wastewater treatment and fund Contract Amendment No. 6 in the amount of $200,000 for a total contract not-to-exceed amount to $2,129,260.

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

Summary
The Municipal Utilities Department (MUD) is comprised of three enterprise funds including Water, Wastewater, and Stormwater Utilities. The Wastewater Utility includes a sanitary sewer collection system of approximately 900 miles of gravity sewer main, 554 miles of lower lateral pipe, 27 pump stations, and 30 miles of pressurized force main that route sewage to the Regional Wastewater Control Facility (RWCF) for treatment. The RWCF is an advanced tertiary treatment facility with a 55 million-gallon per day (MGD) capacity and is located adjacent to the San Joaquin River.

The RWCF operations staff uses chemicals including ferric chloride and hydrogen peroxide to reduce hydrogen sulfide concentrations in wastewater. Hydrogen Sulfide is a corrosive compound that in high concentrations can cause premature infrastructure failure and costly repairs.

If approved, Contract Amendment No. 6 will add $200,000 to the existing contract with Evoqua Water Technologies to purchase hydrogen peroxide and provide monitoring equipment/service software for wastewater treatment. If approved, Contract Amendment No. 6 will revise the total contract amount to $2,129,260.

DISCUSSION
Background
Ferric chloride and hydrogen peroxide are currently used at the RWCF to reduce hydrogen sulfide concentrations in the wastewater prior to entering various treatment processes.

Hydrogen sulfide is a corrosive compound that can lead to premature infrastructure failure and costly City of Stockton Printed on 10/30/2025Page 1 of 2
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equipment repairs. To help protect wastewater treatment infrastructure and equipment, hydrogen peroxide is injected into the wastewater influent before it enters the treatment process. Evoqua Water Technologies LLC (Evoqua) owns proprietary software and hydrogen sulfide monitors that control chemical dosing rates. The software and monitors adjust chemical dosing rates based on the potency of wastewater entering the RWCF.

On August 20, 2019, by motion 2019-08-20-1111, the City Council authorized a five-year contract with Evoqua for $1,648,150. The contract included the rental of a hydrogen peroxide storage tank, service software, and the purchase of hydrogen peroxide for wastewater treatment, and was set to expire on June 30, 2024. Additional adjustments to the original contract, all under the City Manager’s contracting authority, include the following:

1. Contract Change Orders to the original contract totaling $51,110 and $30,000 were executed in April and May 2020, which added $81,110 to the contract to fund additional chemical purchases. These change orders revised the original not-to-exceed contract cost to $1,729,260.

2. Amendment No. 1, approved in September 2021, accepted price increases, demobilized the chemical storage and feed system, and removed the monthly cost of equipment rental with no change to the contract amount.

3. Amendment No. 2, approved in August 2022, accepted price increases, increased contract funding by $200,000, and revised the total contract amount to $1,929,260.

4. Amendment No. 3, approved in August 2023, accepted price increases with no change to the contract amount.

5. Amendment No. 4, approved in July 2024, accepted price decreases and extended the contract to June 30, 2025 with no change to the contract amount.

6. Amendment No. 5, approved in July 2025, accepted price decreases and extended the contract to June 30, 2026, with no change to the contract amount.

Present Situation
MUD operations staff expect continued high demand for hydrogen peroxide for wastewater treatment. Staff has determined, based on projected use and unit price, that an additional $200,000 is required to ensure adequate supply through June 30, 2026.

If approved by the City Council, Contract Amendment No. 6 will add $200,000 to the contract for a total not-to-exceed amount of $2,129,260.

FINANCIAL SUMMARY
There are sufficient funds available for the proposed Contract Amendment No. 6 in the Wastewater Operations Division account number 6513-000-650005-610-000-00-65-000-000.

This action has no impact on the General Fund or any other unrestricted funds.

City of Stockton Printed on 10/30/2025Page 2 of 2
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Resolution No.

STOCKTON CITY COUNCIL

ADOPT A RESOLUTION AUTHORIZING CONTRACT AMENDMENT NO. 6 WITH EVOQUA WATER TECHNOLOGIES IN THE AMOUNT OF $200,000 TO PURCHASE

HYDROGEN PEROXIDE AND SERVICE SOFTWARE FOR WASTEWATER

TREATMENT

The Municipal Utilities Department (MUD) is responsible for operati ng and maintaining wastewater collection and treatment infrastructure for the City of Stockton .

MUD operations staff uses ferric chloride and hydrogen peroxide to reduce hydrogen sulfide concentrations in wastewat er. Hydrogen Sulfide is a corrosive compound that in high concentrations can cause premature infrastructure failure and costly repairs; and

On August 20, 2019, by motion 2019 -08-20-1111, the City Council authorized a five-year contract with Evoqua Water T echnologies LLC (Evoqua) for $1,648,150. The contract, set to expire on June 30, 2024, included the rental of a hydrogen peroxide storage tank, service software, and the purchase of hydrogen peroxide for wastewater treatment; and

The cost per gallon of hydrogen peroxide fluctuate s based on raw material and energy prices, supply and demand dynamics, and disruptions in the supply chain. Under City Manager contracting authority, contract change orders and A mendments No. 1 through No. 5 added $281,110 to the contract to cover increases in product unit costs and to extend the contract through June 30, 2026; and

Staff recommend that the City Council adopt a resolution to approve Amendment No. 6 with Evoqua Water Technologies LLC (Exhibit 1) adding $200,000 to the contract, and revising the total contract amount to $2,129,260; now, therefore,

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

1. Amendment No. 6 adding $200,000 to the contract with Evoqua Water Technologies LLC, for a total contract amount of $2,129,260, is hereby approved, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

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2. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED November 4, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

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

CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT Agreement Number: Amendment Number:
419000273 6
2019-08-20-1111 NP
This Amendment Number -�6- (insert amendment#) to the above referenced Agreement is entered into on September 23, 2025: between the City of Stockton ("City") and Evoqua Water Technologies, LLC ("Contractor").

RECITALS
Section 2, Compensation, states total compensation for goods and services shall not exceed $1,929,260.00 unless otheiwise mutually agreed to in a Contract Change Order; and Section 11, Changes to the Agreement, states this Agreement may not be modified except in writing by both parties; and
The City needs to increase the Compensation, Not to Exceed amount in Section 2 of the Standard Agreement by $200,000.00 to pay for the Contractor for the purchase of additional chemicals; and Now therefore, the City and the Contractor mutually agree as follows:

1. The maximum not to exceed amount in Section 2, Compensation, of the Standard Agreement is amended to:
$2,129,260.00
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendment signed by both parties.

IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Evoqua..Wgter Technolo • s, LLC
Contractor's
)
e (if other than an individu I, state whether a corporation, partnership, etc.):

Authorized Signature
David L. Morano
Printed Name and Title of Person Signing
2650 Tallevast Road, Sarasota, FL 34243
Address
William Crew, Acting City Manager
ATTEST:

Katherine Roland, CMG, CPMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
(Rev. 02.13.25)

CITY OF STOCKTON
1 8/6/2025
Date
Date
EXHIBIT 1
City of Stockton
Legislation Text
File #: 25-1055, Version: 1
ADOPTION OF PROPOSED AMENDMENT TO CHAPTER 3.02 OF THE COUNCIL POLICY

MANUAL - COUNCIL AND MAYORAL APPOINTMENTS TO COMMITTEES, BOARDS, AND

COMMISSIONS

RECOMMENDATION
It is recommended that the City Council adopt the proposed amendment to Chapter 3.02 of the Council Policy Manual regarding Council and Mayoral appointments to committees, boards, and Commissions.

Summary
On September 15, 2025, the Council Legislation/Environmental Committee reviewed, provided direction, and forward a recommendation that Council adopt changes to Chapter 3.02 of the Council Policy Manual. Those changes are presented for the full Council’s consideration.

DISCUSSION
Background
During the August 25, 2025, Council Legislation/Environmental Committee Meeting, proposed changes to Chapter 3.02 were discussed by the Committee and direction was received by staff regarding modification to the policy as follows:
· Add a requirement that Councilmembers must select their direct Commission appointees within 90 days of the completion of the recruitment by the City Clerk · Should the Councilmember not make a selection in the time required, the City Clerk will place a staff report on the Council agenda of the qualified applicants for consideration by the full Council under the ranked procedures used for appointments where interviews are required.

Present Situation
At the September 15, 2025, Committee meeting, staff presented proposed amendments to Council Policy 3.02 - City Council and Mayoral appointments to committees, boards, and Commissions, consistent with the Committee’s previous direction.

Additional changes were made to remove or correct out-of-date language and improve continuity.

Financial Summary
There is no direct financial impact from potential changes.

City of Stockton Printed on 10/30/2025Page 1 of 2
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File #: 25-1055, Version: 1
Attachment A - Council Policy Chapter 3.02 - Redline
City of Stockton Printed on 10/30/2025Page 2 of 2
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City of Stockton, CA
§ 3.02.010 § 3 .02.010
Downloaded from https://ecode360.com/ST5019 on 2025-09-10 C
HAPTER 3.02

CITY COUNCIL AND MAYORAL APPOINTMENTS TO COMMITTEES, BOARDS,

AND COMMISSIONS
§ 3.02.010. Policy.
1) In 1975 the State Legislature amended Government Code Section 54957 of the Brown Act, removing "public officer" from those appointees that the Council could consider in executive session. This action resulted in the requirement that all discussions and deliberations by the City Council regarding appointments or confirmation of appointments are to take place in public at regular or special meetings of the City Council as opposed to closed executive sessions. This amendment was placed into effect January 1, 1976. 2) To comply with this new requirement, the City Council on January 19, 1976 adopted Resolution No. 32,937 establishing procedures for interviewing and confirming appointments in open Council session. The resolution additionally incorporated the existing informal procedures of the City Council regarding such appointments. 3) On January 1, 1977, the Maddy Local Appointive List Act of 1975 (Section54970 et seq.

Government Code) became effective requiring, among other things, that:

On or before December 31st of each year, each legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. The appointees' list shall contain the following information:

A) A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.

B) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position.

C) These requirements are contained in this Council policy. 4) The purpose of this policy is to establish an orderly process to provide all citizens of Stockton equal access to specific and current information about the many regulatory and advisory boards, commissions, and committees appointed by the City Council and/or the Mayor, to provide for equal opportunity to be informed of vacancies which, from time to time, shall occur, and to provide for open sessions in the interview or confirmation appointment process.

Hereafter, for sake of simplicity, all boards, commissions and committees appointed as set forth in the following Policy shall be referred to as "Commission" or "Commissions." A member of a board, commission or committee shall be referred to as a "Commissioner." 5) APPOINTMENTS LIST.

A) Each year, on or before December 31, the City Clerk shall prepare and provide to the City Council an appointments list of all regular and ongoing Commissions which are appointed by the Stockton City Council, a Stockton City Councilmember or by the Mayor. The appointment list shall set forth the following information:

ATTACHMENT A
City of Stockton, CA
§ 3.02.010 § 3 .02.010
Downloaded from https://ecode360.com/ST5019 on 2025-09-10 A
list of all current Commission vacancies and of all appointive terms which will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.

B) The appointments list shall be made available to members of the public on the City's website for free or a hard copy for a reasonable fee as indicated on the City's Fee Schedule.
6) VACANCY ANNOUNCEMENTS.

Where a vacancy on a Commission exists or where by a Commissioner's term of office will expire, the City Clerk shall announce through the news and social media, and post notice thereof on the City's website and in the Office of the City Clerk, that a vacancy exists or that a term of office will expire. A standing contact list of community partners and organizations will be maintained by the Clerk's Office to facilitate effective outreach. Announcements/ postings shall indicate:

A) Title of the position;
B) Minimum qualifications;
C) Special residency requirements, if any;
D) Frequency of meetings of the Commission;
E) Remuneration, if any;
F) Where to submit an application;
G) Final date for submission of an application; and
H) Term of office.
7) APPLICATIONS.

A) All applicants for Commission membership, including persons currently serving on a Commission who seek to be reappointed, shall complete and submit a uniform public service application form to the City Clerk's Office prior to the final time and date for submission of the application. An applicant may submit for consideration to more than one Commission, depending on the applicant's qualifications and interest.

B) The City Council may appoint a person then serving on a Commission to serve on a different Commission after taking into account the number of other qualified application seeking appointment and whether the person's appointment to the different Commission is compatible with the person's current Commission service or creates the potential for overlapping subject matter jurisdiction.

C) The application shall identify the membership on the Commission or Commissions being sought, the applicant's background and qualifications and may include any additional material deemed relevant by the applicant. Additional material will not be accepted after the filing deadline.

ATTACHMENT A
City of Stockton, CA
§ 3.02.010 § 3.02.010
Downloaded from https://ecode360.com/ST5019 on 2025-09-10 D) The advertisement will remain open until the City Clerk has received one more application than the number of vacancies to be filled or 45 days from the date of the advertisement, whichever comes earlier, at which time the City Clerk will proceed to fill vacancies with the available applicants.

E) The City Clerk or other staff will review the applications to determine the applicant's compliance with this Policy and any other requirements specified in the Commission's Roster.

F) The City Clerk's office shall keep applications on file and applications shall be considered active for one year from the date received.

G) All applications shall be deemed to be public documents and shall be available for public inspection. Nothing herein shall preclude the Mayor or an individual Councilmember from requesting additional or clarifying information of an applicant prior to the Council's consideration of the applicants for appointment as provided in this Policy. 8) STOCKTON RESIDENCY.

Absent specific qualifying requirements to the contrary, all applicants and appointees to Commissions shall be residents of the City of Stockton during the term of their appointment. 9) PROHIBITION OF CITY EMPLOYEES.

City Employees Prohibited. Because of potential conflicts between City employment and an employee serving on City Commissions, no City employee, with the exception of the staff person appointed to serve on the Successor Agency to the Redevelopment Agency, shall be appointed to a Commission.
10) APPLICANT INTERVIEWS.
10) For Commissions where interviews are required, the procedure below will be followed.

A) Except as provided below, the City department or affected agency that staffs a Commission for which there is a vacancy or for which a term of office will expire during the recruitment period shall prepare interview questions, reviewed and approved by the City Manager's Office, and forward the questions to the City Clerk. To the extent feasible, questions should be open-ended and limited to no more than five key queries.

The City department or affected agency that staffs a Commission, in consultation with the City Manager's Office, will determine whether to provide the interview questions to the applicants ahead of the interview itself.

B) The City Clerk will notify the Council and the applicants regarding the date and time of the interviews. The interviews will be streamed live. This will allow the Council the opportunity to view the interviews live via streamed video or at any time prior to the date on which the Council will make its appointment. The video stream of the interviews will remain on the City's website only until the Council concludes the appointment process.

C) The City Clerk shall notify all applicants of the time and place of the interviews, the amount of time allowed for the interview and the method by which the Council

ATTACHMENT A
City of Stockton, CA
§ 3.02.010 § 3.02.010
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appointment shall be made. If notifying the candidates by electronic mail, the City Clerk shall also follow up with a phone call to the applicant. Applicants who desire to withdraw from consideration shall notify the City Clerk, preferably in writing.

D) On the date and time of the interview, applicants will arrive at the designated location, date and time as set by the City Clerk.

E) Applicants will assemble in the designated location where the City Clerk/designee will provide the applicants with the following information:
i) Instructions regarding the interview procedure; and
ii) The date and time of the meeting at which the Council will be voting on the appointment; applicants may be asked by the Council to appear at this meeting.

F) Applicants will be interviewed one at a time. Candidates yet to be interviewed will be instructed to wait in a lobby or other designated location until such time that s/he is invited to the location of the interview. Applicants not present for the interview will automatically be removed from further consideration for that recruitment period.

G) During the interview, the City Clerk/designee will give the opportunity for the applicant to make a two-minute opening statement; the City Clerk/designee will read each question aloud from the list of prepared questions. Each interview is timed and limited to no more than 10 minutes per applicant. Applicants will be excused at the end of the interview.

H) Interviews for applicants to the Central Parking District Authority Board, Cultural Heritage Board and Public Art Advisory Committee shall be conducted by committees of the respective Boards or Committee and the committee's recommendation then considered by the full Boards and Committee. The Boards' and Committee's recommendations will be forwarded to the City Council for Council action. The City Council may appoint or not appoint the recommended applicant. An appointment to fill an unexpired term shall become effective immediately. Other appointments shall become effective as of July 1st or January 1st respectively. In the latter case, then serving Board or Committee members will continue to serve until the effective date of the new appointment. If the City Council does not appoint the recommended applicant, the Boards or Committee shall make another recommended appointment.

I) The City Council shall not appoint the City Council Salary Setting Commission.

Applicants for that Commission shall be interviewed by the Civil Service Commission which will make the appointment (as provided in Charter Section 1912) and the Director of Human Resources shall notify the City Council of the appointment. 11) CITY COUNCIL APPOINTMENTS.

A) All discussions by the City Council regarding appointments or confirmation of appointments shall be conducted in compliance with the Brown Act. The appointment process shall not require a public hearing; however, persons desiring to comment on the applicants may do so prior to Council action. A Councilmember may ask questions or seek clarification from any applicant present at the meeting before the Council takes action.

B) Appointments requiring interviews

ATTACHMENT A
City of Stockton, CA
§ 3.02.010 § 3.02.010
Downloaded from https://ecode360.com/ST5019 on 2025-09-10 A)i) Subsequent to the interviews, the City Clerk will immediately notify the Council that the interviews have been conducted and the date the Council will be voting on the appointments. The Council will have the opportunity to view the interviews during the live stream or may view the video stream at any time prior to the date set for Council appointment. Councilmembers shall limit conversation regarding the applicants

ATTACHMENT A
City of Stockton, CA
§ 3.02.010 § 3.02.010
Downloaded from https://ecode360.com/ST5019 on 2025-09-10 amongst each other consistent with the Brown Act.

B)ii) The City Clerk will prepare a staff report relative to the interviews conducted; this report will be placed on a regular meeting agenda for Council consideration on the date indicated to the applicants. The applicants are not required to appear at this meeting unless requested by a Councilmember before the appointment date. Any Councilmember may ask additional questions of the applicant(s) if the applicant has been requested to appear and has appeared at the meeting.

C)iii) At the meeting at which the City Clerk has prepared a staff report relative to the persons who have been interviewed for an appointment to a Commission, for each Commission on which there is a vacancy or for which a term of office will expire, the City Clerk will provide to the City Council a list of those persons who have been interviewed.

D)A) All discussions by the City Council regarding appointments or confirmation of appointments shall be conducted in compliance with the Brown Act. The appointment process shall not require a public hearing; however, persons desiring to comment on the applicants may do so prior to Council action. A Councilmember may ask questions or seek clarification from any applicant present at the meeting before the Council takes action.

E)iv) If there is at least one more applicant than the number of vacancies from the list(s) so provided to the Council, each Councilmember, including the Mayor, will rank the applicants for each Commission such that the number of applicants that each Councilmember ranks will be one number greater than the number of vacancies and/or the number of Commission members whose terms will be expiring. (This will likely avoid tie votes.) For example, if there is only one vacancy or only one term expiring, the Councilmember's first choice for appointment will be ranked with the number "2" and the Councilmember's second choice with the number "1." If because of a vacancy and/or because of an expiring term, there is more than one appointment to a Commission, the Councilmember will assign to the Councilmember's first choice the higher(est) number and lesser number(s) to the Councilmember's other choice(s). For example, if there were one vacancy and one term expiring, each Councilmember would rank three applicants, assigning the number "3" to the Councilmember's first choice, the number "2" to the Councilmember's second choice and the number "1" to the third choice. i)v) After the Council has ranked the applicants, the City Clerk will tally the rankings and the applicant(s) receiving the highest number(s) would, subject to Council ratification, be appointed. If there is a tie, then the process described in subsection E above will be repeated only as to the applicants who are tied. ii)vi)In instances where there are a vacancy and an expiring term and the term of the vacant office is less than the new term of office, the applicant with the highest number will serve the new term of office and the applicant with the next highest number will serve the lesser term.

F)vii) If the number of applicants is less than or equal to the number of vacancies, Council may direct staff to open a recruitment or proceed to fill any number of vacancies from

ATTACHMENT A
City of Stockton, CA
§ 3.02.010 § 3.02.060
Downloaded from https://ecode360.com/ST5019 on 2025-09-10 the available list of applicants.

C) Council Direct Appointments
i) Unless otherwise specified, Council direct appointments shall be selected from applicants residing in the Councilmember’s district. The Mayor shall select their appointments from the city at-large.
ii) When a vacancy occurs, the Councilmember may select from the existing pool of applicants or request the City Clerk to initiate recruitment. iii) To ensure Commissions are able to maintain a quorum and complete city business, it is necessary for Councilmembers to complete their selections timely.

Following the completion of the recruitment, Councilmembers have 90 days to make their selection. If within 90 days no selection is made and there exists at least one more qualifying candidate than the vacancy, the Clerk shall place an item on the Council agenda for consideration of the full Council.. iv) The Council may then take one of the following actions:
• Direct the City Clerk to initiate an additional recruitment • Direct the City Clerk to schedule interviews for the applicants • Proceed with the existing applicants consistent with ranking system detailed above.

G)D) Should a vacancy occur within the first year of an appointment, the remainder of the unexpired term may be filled from the current, active pool without running a recruitment.

H)E)An appointment to fill an unexpired term shall become effective immediately. Other appointments shall become effective as of July 1st or January 1st, respectively. In the latter case, the serving Commissioners will continue to serve until the effective date of the new appointments.
12) APPOINTMENTS TO THE PLANNING COMMISSION.

As to the Planning Commission, where a vacancy exists or a term of office is expiring from a particular Councilmember's District, the Councilmember from that District shall make the appointment subject to City Council approval; for the at-large Planning Commissioner, the Mayor shall make the appointment subject to City Council approval. 13) MAYORAL APPOINTMENTS.

As to any appointments made by the Mayor (other than the Mayor's appointment to the Planning Commission), they shall be submitted on the next regular City Council meeting agenda. The City Council shall confirm or not confirm the appointment(s). 14) TERM OF OFFICE.

Prior to the expiration of the term, persons who wish to continue service shall submit a new application to be eligible for consideration for appointment to a new term.

ATTACHMENT A
City of Stockton, CA
§ 3.02.010 § 3.02.060
Downloaded from https://ecode360.com/ST5019 on 2025-09-10 § 3.02.020. Responsibilities.

City Clerk. Prepare and provide to the City Council an appointments list of all regular and ongoing Commissions in compliance with the Maddy Act.
§ 3.02.030. Relevant authority.

City Charter Section 601; Government Code Section 54957 of the Brown Act Maddy Local Appointive List Act of 1975 (Section 54970 et seq. Government Code) § 3.02.040. Related administrative directive, city policy, city procedure.

None applicable.
§ 3.02.050. Related forms, documents, or links.

Information on the city's Boards and Commission, and Application:
http://stocktongov.com/government/boardCom/default.htmlstocktonca.gov/boardsandcommissions

ATTACHMENT A
City of Stockton, CA
§ 3.02.060 § 3.02.070
Downloaded from https://ecode360.com/ST5019 on 2025-09-10 § 3.02.060. Frequently asked questions.

None applicable.
§ 3.02.070. Update history.
10/31/77 - Adopted by Resolution No. 34,620
2/6/84 - Amended by Resolution No. 40-380
8/25/86 - Amended by Resolution No.86-0549
11/7/88 - Amended by Resolution No.88-0696
1/3/89 - Amended by Resolution No. 89-0017
3/19/90 - Amended by Resolution No. 90-0174
4/1/91 - Amended by Resolution No. 91-0211
5/28/91 - Amended by Resolution No. 91-0390
2/22/93 - Amended by Resolution No. 93-0070
10/10/95 - Amended by Resolution No. 95-0490
6/10/96 - Amended by Resolution No. 96-0303
5/01/07 - Amended by Resolution No. 07-0172
8/24/10 - Amended by Resolution No. 10-0271
6/28/11 - Amended by Resolution No. 11-0175
12/13/11 - Repealed and replaced by Resolution No. 11-0332 10/09/12 - Amended by Resolution No. 2012-10-09-1203
1/26/16 - Amended by Resolution No. 2016-01-26-1203
8/22/17 - Amended by Resolution No. 2017-08-22-1104
11/02/21 - Amended by Resolution No. 2021-11-02-1212
7/9/24 - Amended by Resolution No. 2024-07-09-1503
12/10/24 - Amended by Resolution No. 2024-12-10-0604

ATTACHMENT A

Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION ADOPTING A REVISED CITY COUNCIL POLICY CHAPTER 3.02,

COUNCIL AND MAYORAL APPOINTMENTS TO COMMITTEES, BOARDS, AND

COMMISSIONS

Chapter 3.02, the Council Policy Manual addresses Council and Mayoral appointments to committees, boards, and commissions; and

On August 25, 2025, the Council Legislation/Environmental Committee reviewed and discussed revisions to Council Policy 3.02; and

Staff was directed to revise Council Policy 3.02 to add a requirement that Councilmembers must select their direct Commission appointees within 90 days of the completion of the recruitment by the City Clerk; and

Add that should the Councilmember not make a selection in the time required, the City Clerk will place a staff report on the Council agenda of the qualified applicants for consideration by the full Council under the ranked procedures used for appointments where interviews are required; and

On September 15, 2025, the Council Legislation/Environmental Committee discussed the proposed changes to Council Policy 3.02 and recommended changes be forwarded to Council; now, therefore,

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

1. The City Council approves the revisions to City Council Policy 3.02 entitled “Council and Mayoral appointments to committees, boards, and commissions ” attached hereto as Exhibit 1 and incorporated by this reference.

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

PASSED, APPROVED and ADOPTED: November 4, 2025 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
City of Stockton, CA
§ 3.02.010 § 3.02.010
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CITY COUNCIL AND MAYORAL APPOINTMENTS TO COMMITTEES, BOARDS,

Government Code) became effective requiring, among other things, that:

B) A list of all boards, commissions, and committees whose members serve at the pleasure of the legislative body, and the necessary qualifications for each position.

EXHIBIT 1
City of Stockton, CA
§ 3.02.010 § 3.02.010
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A list of all current Commission vacancies and of all appointive terms which will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.

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D) The advertisement will remain open until the City Clerk has received one more application than the number of vacancies to be filled or 45 days from the date of the advertisement, whichever comes earlier, at which time the City Clerk will proceed to fill vacancies with the available applicants.

E) The City Clerk or other staff will review the applications to determine the applicant's compliance with this Policy and any other requirements specified in the Commission's Roster.

F) The City Clerk's office shall keep applications on file and applications shall be considered active for one year from the date received.

G) Nothing herein shall preclude the Mayor or an individual Councilmember from requesting additional or clarifying information of an applicant prior to the Council's consideration of the applicants for appointment as provided in this Policy. 8) STOCKTON RESIDENCY.

For Commissions where interviews are required, the procedure below will be followed.

C) The City Clerk shall notify all applicants of the time and place of the interviews, the amount of time allowed for the interview and the method by which the Council EXHIBIT 1
City of Stockton, CA
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D) On the date and time of the interview, applicants will arrive at the designated location, date and time as set by the City Clerk.

I) The City Council shall not appoint the City Council Salary Setting Commission.

B) Appointments requiring interviews
EXHIBIT 1
City of Stockton, CA
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i) Subsequent to the interviews, the City Clerk will immediately notify the Council that the interviews have been conducted and the date the Council will be voting on the appointments. The Council will have the opportunity to view the interviews during the live stream or may view the video stream at any time prior to the date set for Council appointment. Councilmembers shall limit conversation regarding the applicants
amongst each other consistent with the Brown Act.
ii) The City Clerk will prepare a staff report relative to the interviews conducted; this report will be placed on a regular meeting agenda for Council consideration on the date indicated to the applicants. The applicants are not required to appear at this meeting unless requested by a Councilmember before the appointment date. Any Councilmember may ask additional questions of the applicant(s) if the applicant has been requested to appear and has appeared at the meeting. iii) At the meeting at which the City Clerk has prepared a staff report relative to the persons who have been interviewed for an appointment to a Commission, for each Commission on which there is a vacancy or for which a term of office will expire, the City Clerk will provide to the City Council a list of those persons who have been interviewed.
iv) If there is at least one more applicant than the number of vacancies from the list(s) so provided to the Council, each Councilmember, including the Mayor, will rank the applicants for each Commission such that the number of applicants that each Councilmember ranks will be one number greater than the number of vacancies and/or the number of Commission members whose terms will be expiring. (This will likely avoid tie votes.) For example, if there is only one vacancy or only one term expiring, the Councilmember's first choice for appointment will be ranked with the number "2" and the Councilmember's second choice with the number "1." If because of a vacancy and/or because of an expiring term, there is more than one appointment to a Commission, the Councilmember will assign to the Councilmember's first choice the higher(est) number and lesser number(s) to the Councilmember's other choice(s). For example, if there were one vacancy and one term expiring, each Councilmember would rank three applicants, assigning the number "3" to the Councilmember's first choice, the number "2" to the Councilmember's second choice and the number "1" to the third choice. v) After the Council has ranked the applicants, the City Clerk will tally the rankings and the applicant(s) receiving the highest number(s) would, subject to Council ratification, be appointed. If there is a tie, then the process described in subsection E above will be repeated only as to the applicants who are tied. vi) In instances where there are a vacancy and an expiring term and the term of the vacant office is less than the new term of office, the applicant with the highest number will serve the new term of office and the applicant with the next highest number will serve the lesser term.
vii) If the number of applicants is less than or equal to the number of vacancies, Council may direct staff to open a recruitment or proceed to fill any number of vacancies from
EXHIBIT 1
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the available list of applicants.

D) Should a vacancy occur within the first year of an appointment, the remainder of the unexpired term may be filled from the current, active pool without running a recruitment.

E) An appointment to fill an unexpired term shall become effective immediately. Other appointments shall become effective as of July 1st or January 1st, respectively. In the latter case, the serving Commissioners will continue to serve until the effective date of the new appointments.
12) APPOINTMENTS TO THE PLANNING COMMISSION.

Prior to the expiration of the term, persons who wish to continue service shall submit a new application to be eligible for consideration for appointment to a new term. § 3.02.020. Responsibilities.

EXHIBIT 1
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City Clerk. Prepare and provide to the City Council an appointments list of all regular and ongoing Commissions in compliance with the Maddy Act.
§ 3.02.030. Relevant authority.

Government Code Section 54957 of the Brown Act Maddy Local Appointive List Act of 1975 (Section 54970 et seq. Government Code)
§ 3.02.040. Related administrative directive, city policy, city procedure.

None applicable.
§ 3.02.050. Related forms, documents, or links.

Information on the city's Boards and Commission, and Application:
stocktonca.gov/boardsandcommissions

EXHIBIT 1
City of Stockton, CA
§ 3.02.060 § 3.02.070
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§ 3.02.060. Frequently asked questions.

APPROVE MOTION TO EXECUTE AN AGREEMENT WITH IDEXX LABORATORIES FOR DIAGNOSTIC EQUIPMENT IN AN AMOUNT NOT TO EXCEED $60,283 ANNUALLY AND $343,614 FOR A 6-YEAR TERM

RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Authorize the City Manager, or designee, to execute an agreement for diagnostic equipment not to exceed $60,283 annually and $343,614 for a 6-year term; and

2. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.

Summary
IDEXX Laboratories is a nationally recognized leader in veterinary diagnostics, providing advanced equipment tailored for shelters, veterinary hospitals, and other high-volume animal care facilities.

Their suite of analyzers functions as an interconnected system, delivering rapid and reliable results across a wide range of tests, including chemistry, blood counts, urinalysis, and disease-specific screenings. At present, the City of Stockton Animal Shelter has limited testing capabilities, restricted mostly to basic bloodwork, and must send out more advanced samples to outside laboratories. This reliance on external testing slows down treatment, adds costs, and extends animals’ length of stay, which increases the risk of illness spreading and adds pressure to already full kennels. By adding IDEXX analyzers on site, the shelter’s veterinary staff will be able to run more complex diagnostics quickly and efficiently, make faster and better-informed treatment and surgical decisions, and provide improved care that supports healthier animals, shorter stays, and higher adoption and live release rates.

DISCUSSION
Background
IDEXX Laboratories is a nationally recognized leader in veterinary diagnostic solutions, providing equipment specifically designed for high-volume animal care facilities, veterinary hospitals, and shelters. The IDEXX Analyzer suite of equipment was developed to function as an integrated system, where each analyzer supports the other by sharing data and delivering rapid, accurate results. These City of Stockton Printed on 10/30/2025Page 1 of 4
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analyzers are designed to test routine chemistries, advanced diagnostics, complete blood counts, electrolytes, and urinalysis samples within minutes, reducing reliance on external laboratories.

For municipal animal shelters, access to timely diagnostic results is crucial. Unlike private veterinary practices, shelters manage a much higher volume of animals with a wider range of health challenges, often with limited resources and urgent timelines for treatment decisions. IDEXX equipment has been adopted by many municipal agencies and non-profit shelters across the country because of its reliability, comprehensive diagnostic capability, and seamless integration of test results into patient records. By investing in IDEXX diagnostic equipment, the City ensures that the shelter’s veterinary team can make faster, evidence-based decisions that improve outcomes for animals in care and maximize the efficient use of staff time and resources.

Present Situation
The City of Stockton Animal Shelter currently has only limited diagnostic capacity, restricted to basic Complete Blood Count (CBC) and Chemistry panels. While these tools are helpful, they do not provide the full spectrum of diagnostics needed to effectively evaluate and treat the diverse medical conditions presented by the approximately 8,000 animals admitted each year. Many of these animals arrive sick, injured, or with unknown medical histories, and timely diagnostics are essential to determining appropriate treatment, surgical candidacy, and humane outcomes.

At present, when tests beyond the shelter’s in-house capabilities are required, samples must be sent to external laboratories. This process delays treatment decisions, increases costs, and can compromise the ability of staff to respond quickly in urgent or life-threatening cases. In addition, delayed results often prolong an animal’s length of stay, increasing the risk of disease transmission and compounding capacity challenges within the shelter.

By expanding the shelter’s in-house diagnostic equipment through IDEXX, veterinary staff will be able to perform a wider range of tests such as advanced chemistries, electrolyte panels, urinalysis, and disease-specific assays directly on site. The analyzers’ ability to communicate with each other and provide consolidated results will streamline workflow, reduce turnaround times, and ensure more accurate treatment planning. This expanded diagnostic capacity will allow veterinary staff to identify and treat contagious diseases more quickly, make more informed surgical decisions, and manage high case volumes with greater efficiency, ultimately improving overall health outcomes for shelter animals and supporting higher adoption and live release rates.

Some specialty services related to each piece of equipment are listed below:

Catalyst One Analyzer
· Uses advanced optics and algorithms for each specific assay, ensuring quality results for every run.
· Dry-slide technology, which limits impact of interfering substances · Chemistry results in as little as 8 minutes
· Clinically Advanced test-SDMA, total T4, Bile Acids, C-reactive protein, Fructosamine, Urine P:C ratio, Phenobarbital, Pancreatic Lipase & Cortisol · Smart QC Control verifies optimal performance-once a month City of Stockton Printed on 10/30/2025Page 2 of 4
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Procyte One Hematology Analyzer
· Ease of use with load-and-go workflow and uses advanced technology, automated SmartQC and advanced HD laser, to deliver accurate results with little hands-on or maintenance time (automated quality control maintenance) · Identify patterns in CBC results with interpretive aids, graphical dot plots for quick visual analysis
SediVue Dx UA Analyzer
· Leverages our proprietary Advanced Bacteria Detection solution to instantly confirm the presence or absence of bacteria in patient samples, ability to quickly determine next steps
· 3-minute run time
· Provides the equivalent of more than 45 HPFs-ensures excellent sensitivity for elements such as casts, epithelial cells and rare crystals · Uses algorithms refined from a library of 1.0 billion fresh patient samples IDEXX Vet Lab Station
· The Information Management System provides true two-way communication with your practice management system and transfers all patient information across all diagnostic analyzers from one single point of entry for staff efficiency Snap Pro (2)
· Automatically activates, times and interprets your Snap test Findings
Stockton Municipal Code section 3.68.070 provides for an exception to the competitive bidding requirements in cases wherein the City Council has made findings that support and justify the purchase via a single sole source.

Findings to support the purchase are as follows:

1. The Idexx equipment is compatible with existing equipment in the new Animal Services Clinic, on Fremont Street, coming online in November 2025. Continuing to streamline new purchases within Idexx portfolio provides for continuity of service across platforms.

2. The City does not have capacity to keep up with diagnostic demands within the shelter and clinic. Idexx provides a robust platform allowing the Animal Services Team to expand the portfolio of services available to its animals, with faster service delivery times, ultimately intended to lead to faster treatment delivery.

3. Expanding the Idexx equipment provided in-house is intended to eliminate the need for the City of Stockton Printed on 10/30/2025Page 3 of 4
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City to outsource work to external laboratories, when the demand exceeds the capability, reducing expense and improving service delivery.

FINANCIAL SUMMARY
The proposed cost is not to exceed $60,283 annually and $343,614 in total for a 6-year term with IDEXX Laboratories. Funding for these services is included in the FY 2025-26 Police Department’s Animal Shelter General Fund budget.

Attachment A - IDEXX 360 Agreement
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IDEXX 360 Agreement
Practice Name:

CITY OF STOCKTON ANIMAL SERVICES
Affiliated Practices (if any):

Address:
1575 S Lincoln St, Stockton, CA 95206
Phone:
1-209-937-5001
SAP#:
171321
Affiliated SAP #s:

Note: This offer, as generated on July 29, 2025 is valid for 60 days. Please sign below and return a copy to IDEXX within these 60 days.

IDEXX is pleased to enter into this IDEXX 360 Agreement (this “Agreement”) with you. It describes our promises to each other related to your purchase of IDEXX products and services. We use the term “you” to refer to the practice and any affiliated practices named in the table above. We use the term “IDEXX” or “we” to refer to the IDEXX Laboratories, Inc. affiliate noted below. Please read this Agreement carefully and ask us any questions you may have about it.

What IDEXX diagnostic equipment is included as part of this Agreement and how much do you need to purchase from IDEXX?
We agree to provide you with the items, instruments and/or practice information management system implementation packages as indicated below in Column B (the “Equipment or Service”) as set forth on your associated IDEXX Sales Order Form(s) in exchange for your agreement to spend the aggregate annual minimum amount indicated below in Column D (the “Annual Minimum Purchase Amount”) each 12-month period beginning on the Start Date defined below and each annual anniversary of the Start Date during the term of this Agreement (each, a “contract year”) on purchases of the IDEXX products and services listed below (“Qualifying Products”). If in any contract year you reasonably determine that due to budget reductions imposed by your funding authority you will be prevented from spending the Annual Minimum Purchase Amount in such contract year, you will provide IDEXX with notice of such determ ination (including evidence of such budget reductions) within sixty (60) days of such reduction. Upon receipt of such notice, IDEXX shall at its option either (a) lower the Annual Minimum Purchase Amount to match your revised funding level or (b) terminate this Agreement without any further liability to you (other than obligations to pay for the Qualifying Diagnostic Products already purchased) provided that you return the Equipment undamaged (other than normal wear and tear) and in good operating condition.

A B C D
Current “Baseline” Annual
IDEXX Spend
Equipment or Service Additional
“Incremental” Annual
IDEXX Spend
Annual Minimum
Purchase
Amount
Reference Lab: $14,907
SNAP: $29,029
VetLab: $0
Software Services: $0
Livestock, Poultry, Dairy: $0
Telemedicine Services: $ 0
Total Baseline: $43,936
Catalyst One® Analyzer (1)
ProCyte One® Hematology Analyzer (1)
IDEXX VetLab® Station (1)
SediVue Dx® Urine Sediment Analyzer (1)
IDEXX VetLab® UA™ Analyzer (1)
SNAP Pro® Mobile Device (2)
$16,347 $60,283
List
of Qualifying Products
• All Catalyst® chemistry and electrolyte slides
• All LaserCyte® reagent kits
• All ProCyte® reagent kits and stain packs
• All ProCyte One® Pay Per Run charges

ATTACHMENT A
• All IDEXX Reference Laboratories services for
Companion Animals and Livestock, Poultry and Dairy
(“LPD”)
• All SediVue Dx® Pay Per Run charges
• All inVue Dx™ Pay Per Run charges
• All VetLab® UA™ consumables
• All Coag Dx™ consumables
• SNAP® tests for Companion Animals
• All VetStat® consumables
• IDEXX Petly® Plans
• rVetLink®
• IDEXX Pet Health Network® Pro monthly subscription
and postcards
• Vello™ subscriptions and postcards
• Data Backup and Recovery
• WebPACS
• All Telemedicine Services
• IDEXXCare Plus for Digital Imaging
• Neo® Software Subscription
• Cornerstone® Subscription
• SmartFlow Subscription
• ezyVet Subscription
• Vet Radar Subscription
• All LPD diagnostic consumables and test kits
Y
ou shall use Qualifying Products counting toward your Annual Minimum Purchase Amount only in the practice location(s) listed above, and not sell or transfer them to any other clinic or location.

Al
l purchases of Qualifying Products are subject to our One-IDEXX Master Terms, available at www.idexx.com/naterms and incorporated herein (the “Master Terms”). The Annual Minimum Purchase Amount is calculated net of taxes, shipping, allowances, credits and discounts. Only purchases of Qualifying Products directly from IDEXX or our authorized distributors count towards your Annual Minimum Purchase Amount (except for LPD diagnostic consumables and test kits, which must be purchased directly from IDEXX to count towards yours Annual Minimum Purchase Amount).

You have been enrolled in our SDMA 360 Accelerator program, the value of each purchase of our Catalyst SDMA®Test will be doubled and applied to your Annual Minimum Purchase Amount. Purchases of our Catalyst SDMA ® and Total T4
Kit are not doubled under this program since SDMA is provided at no charge in that kit.

W
hen will you own the Equipment?
I
DEXX is the owner of the Equipment and shall retain title to the Equipment unless and until you fulfill the Annual Minimum Purchase Amount for each contract year during the term of this Agreement. You will be responsible for any sales tax due at the time of transfer of ownership of the Equipment.

What are your obligations with respect to the Equipment until you own it? Except in cases of repair at IDEXX's facilities or exchange of equipment by IDEXX, you will keep and use the Equipment only at your address shown above and not remove it from that address or alter it in any way. You will be responsible for any sales tax due upon transfer of ownership of the Equipment from IDEXX to you.

You agree not to damage or misuse any of the Equipment, and to protect all of the Equipment from any kind of damage or loss during the term. If any Equipment is damaged or lost for any reason, you agree at IDEXX’s option either: (i) to pay to IDEXX the suggested retail list price of the Equipment as of the time of damage or loss (depreciated on a straight-line basis over 6 years and pro-rated monthly), in which case you will own such Equipment “as is” and with all faults and defects or (ii) to pay to IDEXX the reasonable cost of repairing the Equipment. You shall promptly notify IDEXX of any loss or damage to the Equipment. You agree to keep the equipment fully insured against loss and to have IDEXX named as loss payee.

You shall not permit any security interest or other lien or encumbrance to attach to the Equipment, and shall notify us immediately if one does. You shall indemnify us against any costs, including reasonable attorneys’ fees, if any security interest or other lien or encumbrance attaches to any Equipment. You authorize us to make a filing under the Uniform Commercial Code (UCC) to permit us to perfect a security interest in and/or evidence our continued ownership of the Equipment.

What happens if you do not meet your annual minimum purchase obligations? IDEXX will provide a monthly summary of your spending on Qualifying Products throughout the term of this Agreement either through a monthly statement or through https://my.idexx.com. If at any point you are at risk of not meeting your Annual Minimum Purchase Amount for such contract year, you will have an opportunity to purchase such Qualifying Products as are necessary to fulfill your Annual Minimum Purchase Amount.

ATTACHMENT A
If you fail to spend in any contract year the Annual Minimum Purchase Amount on purchases of Qualifying Products, you agree that IDEXX may retroactively invoice you the difference between the amount of your actual net spending on purchases of Qualifying Products during such contract year and the Annual Minimum Purchase Amount (the “shortfall”).

If you fail to meet your Annual Minimum Purchase Amount in spending on purchases of Qualifying Products in multiple contract years, IDEXX reserves the right to invoice you for the shortfall monthly or quarterly, as opposed to annually.

Notwithstanding anything to the contrary in this Agreement, any portion of any shortfall solely attributable to a reduction in spending on SNAP tests will not be invoiced. Also, in the first contract year, you will not be invoiced for any shortfall so long as you spend at least 70% of the Annual Minimum Purchase Amount on purchases of Qualifying Products . A failure to spend at least 70% of the Annual Minimum Purchase Amount on purchases of Qualifying Products in the first contract year will be addressed as set forth in the Worry Free First Year Commitment section below.

If you fail to timely
pay the shortfall as provided above: (i) IDEXX reserves the right to charge you for the then- current suggested retail list price of the Equipment as of the time of such charge (depreciated on a straight -line basis over 6 years and pro-rated monthly), in which event you will own the Equipment upon IDEXX’s receipt of all payments due, and (ii) if such non- payment of the shortfall occurs in 2 consecutive years, IDEXX reserves the right to demand, and you shall, return of the Equipment to IDEXX undamaged (other than normal wear and tear) and in good operating condition.

Worry Free First Year Commitment

IDEXX will not charge you for any shortfall amount in the first contract year. Our flexible options give you more time to meet your commitment. Instead, any such shortfall will be addressed as follows:

If you check “Yes” below under the “Autorenewal/IDEXXCare Plus Coverage option” (the “ autorenewal section”), and you do not provide IDEXX notice of non-renewal prior to the first renewal term as provided in the autorenewal section below, the first contract year shortfall will be covered by the renewal term and you will not be required to make a payment for the shortfall.

If you check “No” under the autorenewal section, or you check “Yes” and you later provide IDEXX notice of non- renewal prior to the first renewal term, then you agree that you will compensate IDEXX for the shortfall in one of the three following options:

1. Purchase of Qualifying Products in the amount of the shortfall in the twelve-month period following the term of this Agreement.

2. One-time payment of the shortfall by the last day of the initial term of this Agreement.

3. Payment of the shortfall in twelve monthly payments (no interest) following the last day of the initial term of this Agreement.

You will be automatically enrolled in option #1, but you may elect options #2 or #3 if you notify IDEXX in writing of your election at least 45 days prior to the end of the initial term of the Agreement. If you choose options #2 or #3, you may also pay the shortfall at any time prior the end of this Agreement. If option #1 applies and you do not purchase a sufficient amount of Qualifying Products to meet the shortfall within t he twelve-month period following the term of this Agreement, then IDEXX may charge you the difference to meet the shortfall.

_______ Customer’s Initials
What reference laboratory services and benefits will IDEXX provide? As an IDEXX partner, we will provide reference laboratory services to you as described in our Directory of Tests and Services (the “Directory”). We update the Directory from time to time. You may access the current Directory at www.vetconnectplus.com or request a copy through IDEXX Online Orders.

What additional partner benefits will IDEXX provide in connection with its reference laboratory services? As a result of the ongoing investment we make in research and development, IDEXX Reference Laboratories offers many other partner benefits to help support the success and growth of your practice, and the engagement and development of your staff. At this time, these partner benefits include:
• IDEXX VetConnect
® PLUS - Access to our cloud-based mobile application which provides real-time, integrated diagnostic results, as well as the ability to trend them for more informed clinical decision making; • IDEXX Learning Center - Access to our robust and diversified library of educational courses and classes, which provide the opportunity to earn continuing education credits for you and your entire staff; and • Real Time Medical Consulting – Access to our internal medicine consultants, who are a phone call away and provide real-time medical consulting on challenging cases and clinical situations.

ATTACHMENT A
As a leader in veterinary diagnostics, IDEXX is committed to continuing to invest in innovations that help support the growth and success of your practice and, as an IDEXX partner, you will enjoy access to these benefits as we make them available. As our partner benefits change from time to time, we will provide you with updates as changes occur .

What discounted prices will you pay for lab services?
The pricing schedule(s) attached to this Agreement shows your initial pricing for reference laboratory services, including any discounts applicable to you. Your pricing will periodically change when our list prices change. We will notify you when your prices are changing.

Do you need to buy all of your reference laboratory services from IDEXX? During the term of this Agreement, you agree to purchase all of your reference laboratory services from IDEXX. You may, however, use a non-IDEXX reference laboratory (for items such as tests IDEXX does not offer), so long as the fees paid to the other reference laboratory service providers are less than 10% of your total reference laboratory services fees, measured on an annual basis. This is referred to as the “Exclusivity Requirement.” IDEXX has the right, upon reasonable advance notice (not less than five business days), during normal business hours, to inspect your records to verify your compliance with the Exclusivity Requirement, such information to be used solely to verify such compliance.

What is the term of this Agreement?
This Agreement has an initial term of 6 years, beginning on the first day of the calendar month following IDEXX’s processing of the delivery and acceptance of your in-house Analyzer (s) (“Start Date”) (or, if you are not receiving in- house Analyzers, your Diagnostic Imaging System or, if you are not receiving a Diagnostic Imaging System, your Cornerstone Software System Package, or the first day of the month following your ezyVet Go- Live Date, as applicable) (the “initial term”). You and IDEXX are agreeing to honor this Agreement for its full term and, except as expressly set forth herein, are not agreeing to any early termination rights.

Autorenewal/IDEXXCare Plus Coverage option: By checking “yes” below, you agree that after the end of the initial term, this Agreement will automatically renew for up to 3 successive one-year periods (each, a “renewal term”) unless either party to this Agreement gives the other party 60 days’ prior written notice of non-renewal before the end of the initial term or latest renewal term, as applicable. If you select this option, you will receive IDEXXCare Plus coverage for all of your IDEXX in-house Analyzers (including the IDEXX in-house Analyzers among the Equipment and any other in- house Analyzers in your practice) that remain connected to SmartService at no additional cost to you during each renewal term. If you do not select this option, the Agreement will end after the initial term, and you will be responsible for payment of any IDEXXCare Plus coverage thereafter.

Yes ☐ No ☐ _______ Customer’s Initials

What happens if you do not meet your obligations under this Agreement? IDEXX is here to support your practice and our shared commitment to better veterinary care as part of providing you the services and partner benefits under this Agreement, and has entered into this Agreement in good faith, expecting you to meet your obligations for the full term, as you expect of us. If you breach this Agreement (including failure to meet your Annual Minimum Purchase Amount) and we are unable to resolve the matter amicably in what we believe is a reasonable timeframe, you agree that, in addition to all remedies available at law or equity, IDEXX may require that you immediately pay the Annual Minimum Purchase Amount(s) due for the remainder of the term of this Agreement. _______ Customer’s Initials
What other terms apply to this Agreement?
During the first year after you receive the Equipment, the Equipment is covered by IDEXX’s limited warranty as set forth in the Master Terms, and for the remainder of the term of this Agreement, the Equipment is covered by our IDEXXCare Plus coverage at no additional cost to you. Following the end of the term of this Agreement, you may cancel your IDEXXCare Plus coverage by providing written notice to IDEXX. If this Agreement is renewed past the initial term, you will receive IDEXXCare Plus coverage for all of your IDEXX in-house Analyzers (including the Equipment and any other in-house Analyzers in your practice) that remain connected to Smartservice at no additional cost to you during each renewal term.
x

ATTACHMENT A
IDEXX SmartService™ Solutions (“SmartService”) and your IDEXX VetLab® Station must be on at all times under this Agreement for tests run in-house. You should follow the standard weekly restart recommendations. It is your sole responsibility to ensure SmartService is activated and connected. SmartService must be activated prior to or during the installation of the Equipment in order to participate in the opportunities provided under this Agreement.

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.

In addition to the pricing, terms and conditions stated in the Agreement, IDEXX shall for the full term of the Agreement or any extension thereof, obtain and maintain at least all of the insurance requirements listed in attached Exhibit A.

The foregoing terms are subject to the Additional Terms and Conditions that start on the next page, which are incorporated into this Agreement.

By signing below, you agree to all the terms above, the Additional Terms and Conditions, the Master Terms with the exception of Standard Term 11 "Resolution of Disputes" as it relates to jurisdiction, venue, and governing law of potential legal disputes, and you confirm that you are signing on behalf of, and are authorized to sign on behalf of, the legal entity(ies) that own the practice(s) named below. You also acknowledge that before execution of this Agreement IDEXX offered to sell you the Qualifying Diagnostic Products and/or to sell or lease you the Equipment and/or Service, separately, and that you declined those offers and accepted the terms of this Agreement instead.

In addition to signing on behalf of Customer, the undersigned also signs in his or her individual capacity to agree to the following personal guaranty: I, the undersigned, unconditionally guarantee timely fulfillment of all Customer’s obligations under this Agreement. I agree that: IDEXX does not need to proceed against Customer or enforce other remedies before proceeding against me; this is a continuing guaranty enforceable by or for the benefit of any IDEXX assignee or successor; I waive my right to jury trial and consent to jurisdiction, venue and law as set forth in this Agreement; I will pay IDEXX’s reasonable legal fees and costs incurred in enforcing this guaranty; I waive notice of acceptance and all other notices or demands; and that agreements between the Customer and IDEXX to amend this Agreement or release or compromise obligations of Customer will not release me from my guaranty obligations.

IDEXX DISTRIBUTION, INC.

By:

Signer’s Name:

Signer’s Title: Sales Support Manager
Date Signed:

CITY OF STOCKTON ACTING CITY MANAGER
By:
(Practice Signature)
Signer’s Name:

Signer’s Title:

Date Signed:

IDEXX 360 Point of Contact Name:
______________________________________________
IDEXX 360 Point of Contact Email:
______________________________________________

ATTACHMENT A
IDEXX 360 Agreement - Additional Terms and Conditions

1. Assignment. As this is a binding agreement, the sale or other transfer of your practice does not end your
obligations under this Agreement unless you assign them to another party, that party agrees to assume your
obligations, and IDEXX consents to the assignment and
assumption. You agree to provide IDEXX at least thirty
days written notice of any anticipated assignment. In turn, we will not unreasonably withhold our consent to your
assignment and definitive assumption of this Agreement
by another party. Any attempted assignment of this
Agreement by you without IDEXX’s consent is void.
“Assignment” and “assign” include any sale, transfer,
assignment or delegation of your rights or obligations
under this Agreement or any assets required for you to
fully perform under this Agreement, and any change in
ownership of any of the practices listed on page 1 such that the persons or entities that control such practice(s) as of the Start Date no longer control such practice(s).
“Control” means (a) the possession, directly or indirectly, of the power to direct the management of the practice(s) or (b) the ownership, directly or indirectly, of at least 50% of the securities or other ownership interest of the
practice(s).

2. En
tire Agreement. This Agreement, together with
our Master Terms, the Directory (if applicable), and any separate Confidential Disclosure Agreement you have
entered into with IDEXX are the entire agreement
between us, and supersede all prior agreements related
to the subject matter hereof. This Agreement, together
with our Master Terms does not supersede or terminate
any obligation you may have with any third party with
respect to your reference laboratory services or in-house diagnostics, and by entering into this Agreement, you
represent that you can comply with your obligations
herein without violating any other agreement you have.
_______ Customer’s Initials

3. Per
formance Excuse. Neither party to this Agreement
is liable for any failure or delay to perform due to strikes (legal or illegal), lockouts, fires, floods or water damage, natural disasters, riots, government acts or orders,
interruption of transportation, or any other causes beyond its control, provided that the party whose performance is impacted by such an occurrence provides notification of such an occurrence to the other party as soon as
reasonably practicable and tries diligently to end the
failure or delay and minimize its impact.

4. Pr
evailing Party; Legal Fees. The prevailing party in
any legal actions shall be entitled to an award of its
reasonable legal fees and costs.

5. C onfidentiality. You may not disclose the specific
terms and conditions of this Agreement, including pricing and discount terms, except as may be required by
applicable securities or other laws, rules or regulations or the order of a court having jurisdiction. If you have signed a separate Confidential Disclosure Agreement with
IDEXX, the terms of this Agreement are confidential
information under that agreement.

6. Miscellaneous. This Agreement creates an
independent contractor relationship and nothing in this Agreement shall be construed to create the relationship of employer and employee, agency, joint venture,
partnership or association between you and IDEXX. This Agreement may be modified only in writing signed by the parties and not by course of performance. This
Agreement may be executed in one or more counterparts,
each of which when so executed shall be deemed to be
an original, but all of which when taken together shall constitute one and the same agreement. Facsimile or
electronic copies of this Agreement bearing authorized
signatures may be treated as an original. Any delay or
failure by IDEXX to enforce our rights under this
Agreement does not prevent us from enforcing any rights at a later time.

7. Notices. Each party shall deliver notices, requests, consents and other communications under this
Agreement (each, a “Notice”) in writing and addressed to the other party as follows: If to you, to the address on the first page of this Agreement; If to IDEXX, to IDEXX
Laboratories, Inc., One IDEXX Drive, Westbrook, ME
04092, ATTN: CAG Sales Support Manager; or to such
other address as either party may from time to time
specify in writing to the other party. Each party shall deliver all Notices by personal delivery, nationally
recognized overnight courier that provides a receipt, or certified or registered mail, return receipt requested. A Notice is effective only (a) upon receipt by the receiving party and (b) if the party giving the Notice as complied with the requirements of this Section.

8. English Language (Québec only). The parties
confirm that it is their wish that this Agreement and any other documents delivered or given pursuant to this
Agreement, including notices, have been and shall be in the English language only. Les parties aux présents
confirment leur volonté que cette convention de même
tous les documents, y compris tous avis, s’y rattachant, soient rédigés en anglais seulement.

ATTACHMENT A
Schedule 1
Initial Pricing
We will provide you with a 25% discount off list price in effect at time of order on all tests available in the then-current Directory, with the exception of non-discountable services. Non-discountable services include, without limitation, priority histology, priority cytology, services to be sent out to other providers, certain IDEXX specialty tests, and the tests listed in the table below. You may obtain a list of your current discounted prices at any time by contacting IDEXX.

CODE TEST PRICE
1 HealthChek™ Profile Select $ 115.07
12949999 Young Adult Profile-IDEXX CBC $ 21.32
2463 Fecal Ova and Parasites with Giardia $ 31.00
2512 Upper Respiratory Disease (URD) RealPCR™ Panel - Feline $ 99.72 2524 Respiratory Disease (CRD) RealPCR™ Panel (Comprehensive) - Canine $ 110.48 2625 Diarrhea RealPCR™ Panel (Comprehensive)-Canine $ 90.85 2627 Diarrhea RealPCR™ Panel (Comprehensive)- Feline $ 88.86 2701 Biopsy with Microscopic Description (1 Site/Lesion)-Standard $ 112.26 2702 Biopsy with Microscopic Description (2 Sites/Lesions)-Standard $ 172.32 2703 Biopsy with Microscopic Description (3 Sites/Lesions)-Standard $ 232.37 2704 Biopsy with Microscopic Description (4 Sites/Lesions)-Standard $ 292.44 2705 Biopsy with Microscopic Description (5 Sites/Lesions)-Standard $ 352.50 2801 Cytology with Microscopic Description (1 Site)-Standard $ 99.35 2802 Cytology with Microscopic Description (2 Sites)-Standard $ 159.42 2803 Cytology with Microscopic Description (3 Sites)-Standard $ 219.48 2804 Cytology with Microscopic Description (4 Sites)-Standard $ 279.54 2805 Cytology with Microscopic Description (5 Sites)-Standard $ 339.61 2827 Tick/Vector RealPCR™ Panel—Feline $ 85.74
28389999 Senior Screen with Fecal O&P and Giardia-IDEXX CBC $ 117.07 2902 Tick/Vector Comprehensive RealPCR™ Panel with 4Dx® and Reflex Lyme Quant C6® If Indicated-Canine $ 132.79 2906 Anemia RealPCR™ Panel with FeLV/FIV by ELISA-Feline $ 120.70 2907 Anemia RealPCR™ Panel with Lab 4Dx® Plus Test-Canine $ 114.43 3565 Ringworm (Dermatophyte) RealPCR™ Panel $ 43.84 606 Lymph Node Cytology with Microscopic Description - Standard $ 99.35 6061 Lymph Node Cytology with 1 Mass/Lesion - Standard $ 159.42 6062 Lymph Node Cytology with 2 Masses/Lesions - Standard $ 219.48 6063 Lymph Node Cytology with 3 Masses/Lesions - Standard $ 279.54 713 Parvovirus, Fecal Antigen by ELISA-Canine $ 21.58 7217 Large Complex/Whole Organ Biopsy $ 218.15
7244 Lab 4Dx® Plus Test—Canine (Non-export) $ 19.32 7809999 Senior Profile-IDEXX CBC $ 81.90
3565 Ringworm (Dermatophyte) RealPCR™ Panel $ 43.04

ATTACHMENT A
Exhibit A:

Insurance Requirements for Services
(Equipment – Setup of Equipment, Training of New Equipment, Removal of Equipment, Maintenance & Repair of Equipment, Transport/Drop Off/Pick Up of Equipment) Cont
ractor 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 SC

OPE AND LIMIT OF INSURANCE
Cov
erage 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, 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. Aut
omobile 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. Work
ers’ 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.

Oth
er 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. Coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or 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

ATTACHMENT A
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 12 19 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. 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.

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.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Self -Insured Retentions
Sel
f-insured retentions must be declared to and approved by the City of Stockton.

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

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

ATTACHMENT A

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 three (3) years after completion of the contract of work .

3. If coverage is canceled or non-renewed, and not replaced with another claims - made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of three (3) years after completion of work.

Verification of Coverage
Contractor shall furnish the City of Stockton with certificates of insurance evidencing covera
ge. All documents 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.

Special Risk s or Circumstances
Contractor and the City of Stockton negotiate modifications these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or o
ther special circumstances.

Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
425 N El Dorado Street
Stockton, CA 95202

ATTACHMENT A
City of Stockton
Legislation Text
File #: 25-1160, Version: 1

APPROVE MOTION TO ACCEPT REQUEST FOR REFUND AS REQUESTED BY THE STOCKTON POLICE DEPARTMENT IN THE AMOUNT OF $52,980

RECOMMENDATION
It is recommended that the City Council approve a motion:

1. Authorizing the City Manager, or designee, to accept a request for refund as requested by the Stockton Police Department in the amount of $52,980.

2. Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of the motion.

Summary
On September 18, 2022, Stockton Police Department (SPD) officers were dispatched to an armed robbery call in the area of Worth and Commerce St. During the robbery, a suspect brandished a firearm during the sale of a vehicle and took $16,000 from the victim. On September 21, 2022, SPD and detectives from the Delta Regional Auto Theft Team (Delta RATT) executed search warrants on Pedro Meraz related to the subsequent investigation, which resulted in the seizure of $52,980. In August of 2025, Meraz filed a refund request for the money seized from him. SPD Detectives ensured Meraz had no outstanding warrants or associated cases, and ordered that the balance of $52,980 be released to Meraz. Staff requests that the City Council authorize the City Manager, or designee, to accept the request to refund the $52,980 and have it dispersed to Meraz.

DISCUSSION
Background
In August of 2022, Detectives from SPD and Delta RATT conducted an armed robbery investigation.

During the investigation, multiple search warrants were served related to Pedro Meraz, where $52,980 was seized from him. After the seizure of the money, the investigation became stale, and ultimately, Meraz was not prosecuted or charged with the crime.

Present Situation
On August 20, 2025, Pedro Meraz submitted a refund request for $52,980 to SPD. The request was reviewed by SPD Detectives and submitted to SPD Fiscal Affairs along with the Evidence Disposition request.

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File #: 25-1160, Version: 1
Per Stockton Municipal Code 3.60.020, any refund of $20,000 or greater requires City Council approval.

FINANCIAL SUMMARY
The City is required to hold funds collected as evidence until the case has been adjudicated or dismissed, at which time the person from whom the money was seized may then request those funds from the City. The funds seized as evidence in this case were deposited into the Police Department’s Unclaimed Cash account designated for these funds, and no expenses were incurred. Authorization for a refund of $52,980 is being requested from the Police Department’s Unclaimed Cash account to the requestor.

Attachment A - Stockton Police Department Evidence Disposition Request City of Stockton Printed on 10/30/2025Page 2 of 2
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ATTACHMENT A

ATTACHMENT A
City of Stockton
Legislation Text
File #: 25-1069, Version: 1
APPROVE MOTION TO EXECUTE A THREE (3) YEAR STANDARD AGREEMENT, WITH TWO (2)

ADDITIONAL ONE-YEAR OPTIONS TO EXTEND, FOR ROTATING TOWING SERVICES IN AN AMOUNT NOT TO EXCEED $100,000

RECOMMENDATION
It is recommended that the City Council approve a motion to:

Summary
The Stockton Police Department’s (SPD) Traffic Section must tow vehicles involved in abandonment, traffic stops, and accidents within the City on a routine basis. The current City of Stockton Tow Rotation Agreement identifies the process of requesting towing assistance and selecting the qualified vendors who provide towing services. Under the terms of the agreement, the tow companies are provided with an opportunity to participate in the rotation and must maintain vehicles and insurance in accordance with the contract terms. The current agreement expires on December 31, 2025. Staff recommends Council approve a motion to renew the agreement and approve new baseline rates effective January 1, 2026.

DISCUSSION
Background
SPD’s Traffic Section began using a rotating list of tow company vendors in the 1990’s. The list was established in response to a lawsuit filed against the City alleging that the City attempted to limit the number of tow companies that could be included in the agreement. The list is maintained by staff in the Traffic Section in a rotating fashion, according to a set of predictable and equitable criteria. The agreement is maintained to set pricing and specifications. Towing services are primarily required for traffic accidents, impounding vehicles due to unlicensed drivers, expired registrations, evidence collection, and abandoned vehicles. Towing services are also used for City vehicles that are inoperable.

City of Stockton Printed on 10/30/2025Page 1 of 2
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File #: 25-1069, Version: 1
Per Section 15 of the Tow Rotation Agreement, the SPD Traffic Division must hold one open meeting annually to discuss the agreement terms and any issues. Tow companies are notified in writing of the meeting 30 days in advance.

Present Situation
Under the terms of the current agreement, Section 13 allows for an increase to tow rates on a yearly basis at an amount equal to the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers’ United States City Average, not to exceed5 percent per year. During the current five-year term, annual increases to tow rates based on CPI have not kept pace with rates paid by surrounding law enforcement agencies. With the proposed extension, staff are recommending a new baseline tow rate to be set based on a survey of surrounding law enforcement agency rates for the same tow services.

Set forth below is a chart indicating the current rate structure and the proposed new rate structure for the towing of vehicles on private property and public property, and nuisance vehicle tows pursuant to the authority granted under the Stockton Municipal Code:

SERVICE 2020-2025 RATE 2026-2029 PROPOSED RATE
Class A Tow $202.21 $235.59
Class B Tow $259.67 $302.54
Class C Tow $550.84 $641.77
Class D Tow $550.90 $641.89
Lowboy Tow $239.46 $278.99
Rotator Tow $638.49 $743.90
Nuisance Vehicle $101.10 $117.80
Gate Fee n/a $130.25
Inside Storage $75.00 $86.83
Outside Storage $65.00 $75.73
Inside Storage (over 25 feet) n/a $130.25
Outside Storage (over 25 feet) n/a $113.61

FINANCIAL SUMMARY
The estimated cost is an annual amount of $20,000 for a total amount not to exceed $100,000.

Funding for the Tow Rotation Agreement is available in the FY 25-26 Police Department Investigation Division Future costs will be incorporated into the Stockton Police Department’s Annual Budget Request.

Attachment A - Tow Rotation Standard Agreement
City of Stockton Printed on 10/30/2025Page 2 of 2
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CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton ("City") and Agreement Number:

Anderson's
Towing, Advanced Towing, Bob's Towing, City Wide Towing, Delta Valley Towing, J&E Truck Service, Mid-Valley Towing, Mike's Towing, Stan's Auto & Towing, Technique Towing ("Contractor") to provide Vehicle, Vessel, and RV Towing as set forth in Exhibit A to this Agreement.

2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:

Commences on: 1/1/2026 Terminates on: 12/31/2028

3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $ !100,000 I

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A - Statement of Work
(b) Exhibit B - Insurance
(c) Exhibit C - General Terms & Conditions
(d) Exhibit D - Professional Services Special Terms & Conditions (e) Exhibit E - Compensation Schedule
(f) Exhibit F - Timeline
(g) Exhibit G - Special Funding Terms & Conditions ARPA (If applicable check box)YES D IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CITY OF STOCKTON
Will Crew, Acting City Manager
ATTEST:

Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:
(Rev. 01.17.25)
1 Date

ATTACHMENT A
Contractor's Name (if other than an lndi ua, state whether a corporation, partnership, etc.):
""'"� / B/f;!::/()[):/5
Barb 1 6 v, me I - lFD SEC/<tfnnJ_.

Printed Name and Title of Person Signing r �
I Boo E. Chan1u.--1 St. Sfoctctvn, CA q5�05 •
Address

ATTACHMENT A
Printed Na e an ltle of Person Signing
ni'b � w\\� %1� �\Do (A C\s1.JX5
Address

ATTACHMENT A

CONTRACTOR
CO'f �Oftl+i o (\,
an n individual, state whether a corporation, partnership, etc.):

Authorized ignature
e O r,vxa,t dt( l\J\,0r� ct 1 01/0 VLt(Printed Name and Title of Perso Signing 2,.qoo \,,QOmi.s R--d StJ)(J(tofl I CA q�2.or-
Address

ATTACHMENT A
�1 CONTRACTOR
C lr'-f Vkf)t;, 7-£wContractor's Name (if oth
�
r than individual, state whether a corporation, p
i
e
r�
e
�
Authorized Signature Date
reiu M�k.ewv/2_ /\l\1M1t51� MtM�
Printe�
a
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Ave <;f-.o� C;J-t}J�1
Address
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ATTACHMENT A

ATTACHMENT A
Printed Name and Tit!>'- of erson Signing
.J?
�<: &er t:re,y,� C11;r1e F,:J
�dress '

ATTACHMENT A

CONTRACTOR

MID VALLEY TOWING
Contractor's Name (If other than an Individual, state whether a corporation, partnership, etc.):
��s//4 (fj ff/1.t¾oAuthorzed1gnature

KENNETH J MERO
Printed Name and Title of Person Signing
1011 E LINDSAY ST STOCKTON CA 95205
Address
08/27/2025
Date

ATTACHMENT A
. CONTRACTOR
V/,kels To V{t,,nq SerV'i(e ,f:ric., (Cor(}Dr,:;__,f-ivn) Cont actor's Name (if other than an individual, state whether a corporation, partnership, etc.):
10-t,11 • I
•
� ) 21 /;;JtJ,%
Authorized Signature Date
/J\nclr elll O. D !'1 lfW e i, P (e � , den+ .

Printed Name and Title of Person Signing
S 4 o v!. <; tol:fS A-Yt. Sfvc.JG-fv,0. CA- . q r2- u3
Address

ATTACHMENT A

CONTRACTOR
Stan's Auto & Towing
' - ,--------�----
:22£ ��:� individual, state whether a corporation, p�:;��l��--- Authorized Signature Date
\\Q'(tQ6,Qj :fu_�©'("e>-;8n!.l.-_...1.D..r,C..!;µe;_(JJ::,Q;,;.C ________ _ Printed Name and Title of Person Signing
ur<=, • c. "-"' �- ,... , ,... ,-, n- ., ,-.,::" "\'-'-'� 'l;,J.\..0\\,?SD WO-'::-) d"-&'bsn, '-a, '--"C)J..Ui::J Address

ATTACHMENT A

CONTRACTOR
GK7 Inc dba Technique Towing Stockton
Contractor's Name (if other than an individual, state whether a corporation, partnership, etc.):

Oi1.0 /\) qn1,-r,1�'J°
Authorized Signature Date
Otto N Gramajo 2025-08-28
Printed Name and Title of Person Signing
Otto N Gramajo
Address

ATTACHMENT A

STATEMENT OF WORK

TABLE OF CONTENTS

1. TERMS AND CONDITIONS ............................................................................................................ 3

2. ROTATION LISTS ......................................................................................................................... 5

3. SALVAGE AND RECOVERY ROTATION TOW LIST………………………………………………………………………6

4. TOW OPERATOR QUALIFICATIONS ............................................................................................ 6

5. TOW OPERATOR DUTIES AND RESPONSIBILITIES ......................................................................... 8

6. TOW OPERATOR BUSINESS LOCATION ...................................................................................... 9

7. OPERATOR RESPONSE TO CALLS ............................................................................................... 11

8. DISPATCH AND TRACKING SYSTEM ........................................................................................... 14

9. STORAGE FACILITY AND RELEASE OF PROPERTY ........................................................................ 14

10. TOW TRUCK DRIVERS ............................................................................................................... 17

11. TOW TRUCK INSPECTIONS ........................................................................................................ 18

12. RATES ....................................................................................................................................... 19

13. TOW RATE INCREASE ................................................................................................................ 21

14. COLLUSION .............................................................................................................................. 21

15. ANNUAL OPEN ENROLLMENT/MEETINGS ................................................................................... 22

16. SEMI-ANNUAL MEETINGS .......................................................................................................... 22

17. SPECIAL MEETINGS ................................................................................................................... 22

18. DEMEANOR AND CONDUCT ...................................................................................................... 23

19. TOW COMPLAINTS .................................................................................................................... 23

20. COMPLIANCE WITH LAW ........................................................................................................... 24

21. DISCIPLINARY ACTION .............................................................................................................. 25

22. TERMS OF DISCIPLINARY ACTION………………………………………………………………………………. ………26

23. HEARING/APPEALS FOR DISCIPLINE .......................................................................................... 29

24. MIDTERM REVIEW ..................................................................................................................... 30

25. ADVERTISING ............................................................................................................................ 31

26. TOW TRUCK CLASSIFICATIONS.................................................................................................. 31

27. AUXILIARY EQUIPMENT ............................................................................................................. 36

28. INDEMNITY AND HOLD HARMLESS ............................................................................................ 40

29. SIGNATURE AUTHORITY AND COUNTERPARTS ........................................................................... 40

ATTACHMENT A

This Tow Rotation Agreement (TRA) contains terms and conditions between the City of Stockton (CITY), and various vehicle towing service companies wherein the parties agree to comply with in order to receive and maintain a position on a rotational tow listing with the CITY . Participation in this agreement is voluntary. A tow service company (OPERATOR), agreeing to participate in this agreement, does not establish a contractual relationship with the CITY and is not acting as an agent for the CITY when performing services under this agreement. Exceptions to compliance with the agreement shall not be authorized by verbal agreement.

1. TERMS AND CONDITIONS
A. The term of this agreement is made and entered into on January 1, 2026 ("effective date") and shall be for a Period of (3) three years with the option for (2) two (1) one-year renewals from the effective date, as mutually agreed between the parties.

B. Any tow service OPERATOR who requests to be included in this agreement acknowledges that the City, at its sole discretion, reserves the right to cancel the rotation and/or discontinue the use of the OPERATORS services by giving advanced written notice of its intent thirty (30) days prior to the effective date of the cancellation. The OPERATOR further acknowledges that under certain circumstances specified in these standards, the SPD may forgo the thirty (30) days notice requirement and impose an immediate suspension or termination, and that upon exercising its discretion as provided in these standards, the CITY shall incur no liability of any kind to the
OPERATOR or any subcontractor or supplier of the OPERATOR.

C. In accordance with the specifications stated herein, each tow service OPERATOR shall provide tow services, subsequent lien sales, and disposal of unclaimed vehicles towed at SPD’s request. The services shall include, but not be limited to, the following:
*- For purposes of this contract, "Vehicle" means any motorized or non- motorized device, machine, or equipment designed or used for transporting persons, animals, cargo, or materials on land, whether self-propelled, towed, or otherwise mobile. This includes, without limitation, automobiles, trucks, vans, motorcycles, buses, recreational vehicles (RVs), utility trailers, cargo trailers, flatbed trailers, and any other wheeled conveyance, regardless of registration status, operability, or ownership. The term also includes any attachments or accessories affixed to or used in connection with such equipment.

ATTACHMENT A
1) Towing of vehicles impounded by the SPD that are held for investigation or as evidence in a criminal case.
2) Emergency towing of vehicles involved in accidents and/or stalled vehicles obstructing traffic and/or vehicles illegally parked and/or towing of vehicles whose driver is incapacitated or physically unable to drive the vehicle and/or towing of vehicles whose driver has been arrested and/or detained and cannot drive the vehicle and/or towing of vehicles under the 30-day impound authority (Veh. Code 14602.6), and/or vehicles with five (5) or more outstanding parking citations.
3) Vehicle Identification Number ("VIN") towing of vehicles necessitating special procedures to ascertain vehicle identification numbers in compliance with requirements of the California Vehicle Code.
4) Towing of any abandoned vehicle, inoperative vehicle, abated vehicle, RV, inoperative RV, abated RV, vessels, inoperative vessels, abated vessels, or heavy machinery from any street, alley, highway, or any other private or public property in the CITY pursuant to sections 8.12.010 through 8.12.140, inclusive, of the Stockton Municipal Code and California Vehicle Code section 22669.
5) Towing of
vehicles being seized per section 8.16.010 through

8.16.090 of the Stockton Municipal Code (Nuisance Vehicles). 6) Any other such towing of vehicles, vessels, or RVs as may be ordered by any police officer, police employee, or any other employee or agent of the CITY who is properly authorized to order such removal. This shall include any vehicle that is submerged*.

This shall also include the removal and storage of any abandoned vessel from city streets/property and/or private property, whether or not said vessel is attached to a trailer; or
*The determination as to whether a vehicle is submerged shall be at the sole discretion of the SPD representative requesting the tow.

Generally, a submerged vehicle is one that requires substantial entry into water to recover the vehicle. If the vehicle is only partially in the water and can be recovered without the use of specialized dive equipment, it may be deemed submerged.
7) Upon request by the SPD or the CITY'S Fleet Maintenance, OPERATOR shall remove disabled City vehicles to the City Corporation Yard, or a garage designated by CITY or render road service (limited to starting stalled vehicles and changing flat tires) to

ATTACHMENT A
City vehicles. The CITY shall pay for these services at the established contract rate. Under no circumstances will a stalled City vehicle be started by pushing.

D. It shall be the right of any vehicle owner or driver involved in a traffic collision or other similar situation requiring tow service to request service of his/her own choosing, so long as the vehicle does not constitute a hazard and may be removed without undue delay, as determined by responsible SPD personnel.

E. The SPD reserves the right to periodically audit all charges and services made by OPERATOR for services provided under this agreement. Upon request, OPERATOR agrees to furnish the SPD with necessary information and assistance.

F. SPD shall provide all OPERATORS with twenty-four (24) hours’ notice on large sweeps. Large sweeps shall be defined as an expectation of twelve (12) vehicles or more.

G. SPD shall only be responsible for the release of impounded vehicles and personal property from impounded vehicles with Police holds. All other releases of vehicles and personal property shall be the responsibility of the OPERATOR.

H. The sale or transfer of the controlling interest in a company shall immediately terminate this agreement. However, the new owner may apply to participate in the tow rotation at any time during the remainder of the current term, regardless of the enrollment period.

I. No OPERATOR or applicant shall share equipment with any other OPERATOR or applicant involved with this agreement.

2. ROTATION LISTS
A. A call to an OPERATOR shall constitute one turn on the list; subsequently, the OPERATOR shall be moved to the bottom of the call list. 1) A call to a n OPERATOR includes when the OPERATOR fails to answer the phone, is unable to respond, is unable to perform the required service, refuses to respond or provide service, or is canceled due to excessive response time.

B. If the OPERATOR responds to an SPD call and is canceled by the vehicle's registered owner or agent, prior to the OPERATOR taking possession of the vehicle, there shall be no charge, and the OPERATOR shall be placed back at the top of the call list.
1) Possession is deemed to arise when the vehicle is removed and is

ATTACHMENT A
in transit, or when vehicle recovery operations or load salvage operations have begun (Section 3068.1(a) of the Civil Code).

C. Nothing in this agreement shall prohibit an SPD supervisor or scene manager from requesting a specific tow company when, in their opinion, the necessary resources to clear a hazard are not available from the tow company currently at the top of the rotation tow list.
1) In suc
h an instance, the selected company would then go to the bottom of the call list and those tow companies which were by - passe
d, would remain in the same list order.

3. SALV

AGE AND RECOVERY ROTATION TOW LIST

A. The California Highway Patrol’s (CHP) Rotation List shall be utilized whenever a large commercial vehicle is overturned and/or down an embankment, or a total burn, regardless of the officer’s request.

4. TOW OPERATORS QUALIFICATIONS
A. OPERATORS applying to participate in this agreement shall have a minimum of three (3) verifiable years’ for -hire towing experience, as an owner or principal, prior to the final filing date of an enrollment period in order to qualify for a rotation tow listing.

B. The three (3) verifiable years’ for -hire experience shall be decided by the SPD.

C. OPERATORS and owners who do not meet the three (3) verifiable years for-hire towing experience, may be considered if a full -time manager is employed who possesses three (3) verifiable years for-hire tow experience, as an owner, principal or full-time manager.

D. Management experience shall be decided and qualified by the SPD as follows:
1) The designation of "manager" implies general power and permits reasonable inferences that the employee so designated is invested with the general conduct and control of his employer's business. 2) An individual who has charge and control of a business and is vested with a certain amount of discretion and independent judgment. 3) If the manager ceases to be employed by the company, this agreement shall be terminated until a new manager is approved by SPD.

ATTACHMENT A
E. In the event an out -of-city limit need arises , outside City agencies can request any tow company of their choosing to provide service. All services shall be the City’s responsibility.

F. Definitions: There are five (5) classes of tow trucks, and a trailer covered under this agreement. Below are the definitions for each category 1) Class A – Light Duty
a) A OPERATOR should maintain a minimum of one tow truck which has a manufacturer’s gross vehicle weight rating (GVWR) of at least 14,000 pounds.
b) After June 30, 2006, Class A 4- wheel drive tow trucks with a GVWR of less than 14,000 pounds may be listed as special equipment. These tow trucks shall be used only for recoveries requiring the use of a 4-wheel drive.
2) Class B – Medium Duty
a) A OPERATOR shall own or subcontract a minimum of one tow truck with a GVWR of at least 33,000 pounds. The truck shall be equipped with air brakes and a tractor protection valve or device and be capable of providing continuous air to the towed vehicle.
3) Class C – Heavy Duty
a) A OPERATOR shall own or subcontract at least one three-axle tow truck with a GVWR of at least 52,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.
4) Class D – Super Heavy Duty
a) A OPERATOR shall own or subcontract at least one three-axle tow truck with a GVWR of at least 54,000 pounds. The truck shall be equipped with air brakes and must be capable of providing and maintaining continuous air to the towed vehicle.
b) If this class of tow truck is used exclusively for salvage and recovery operations, there is no requirement for providing and maintaining continuous air to the towed vehicle. NOTE: For purposes of this agreement a “low-boy” trailer” is considered special equipment.

5) Rotator Truck

a) A OPERATOR shall own or subcontract at least on Class C or D, three axle truck with a boom that rotates a minimum of 180 degrees.

ATTACHMENT A

6) Low Boy Trailer
a) A OPERATOR shall own or subcontract a Low boy trailer, which is a trailer with a minimum of eight tires and a deck height of less than 36 inches.

5. TOW OPERATIONS DUTIES AND RESPONSIBILITIES
OPERATORS agree to maintain the following:

A. A valid City of Stockton business license during the length of the agreement.

B. A sufficient number of tow truck drivers to fully meet the SPD needs. Failure by OPERATOR to provide sufficient staff to meet SPD's needs shall be deemed a material breach of contract and may constitute grounds for OPERATORS termination under this agreement.

C. An office facility with a primary storage yard within the Stockton area. All vehicles towed under this agreement will remain at OPERATORS primary storage yard. The Traffic Sergeant may establish a maximum radius for the location of a business office and storage facility from which OPERATOR may provide service.

D. Own or subcontract at least eight (8) power-operated tow trucks, equipped with two -way radios or cell phones. The minimum requirements will be three (3) Class "A" tows, at least one (1) wrecker with an expandable boom and the ability to subcontract one (1) Class "B" tow, one (1) Class "C" tow, one (1) Class "D" tow, one (1) "Rotator" and one (1) "Lowboy".

E. All equipment necessary for safe VIN verification. Such verifications will be made by SPD upon request of OPERATOR. OPERATOR shall assist SPD with tools and labor during such VIN verifications.

OPERATOR further agree with the following:

F. In the event OPERATOR discovers that a vehicle which has been towed has a VIN which is different than the VIN showing on the Motor Vehicle Report ("MVR"), OPERATOR shall notify the SPD, Traffic Section, no later than three (3) days from the date of discovery.

G. OPERATOR shall be responsible for the protection of all agreement tows and/or stored vehicles in its possession until the vehicles have been released to their owner, or disposed of through legal process, and shall be responsible for safeguarding all articles left in the impounded vehicles.

OPERATOR shall comply with SPD regulations regarding the inventory or

ATTACHMENT A
removal of property found in towed/stored vehicles.

H. OPERATOR shall obtain approval from SPD prior to the removal of any property from an impounded vehicle. This requirement may not be waived in cases where a vehicle is impounded for evidence or investigation.

I. The OPERATOR will display the OPERATORS business name, address, and phone number at the primary business and secondary storage facility and on the doors of all tow trucks when operating under this agreement.

The name, business, and phone number of any subcontractor shall also be displayed on the door of any subcontracted tow truck(s).

J. Upon request, OPERATOR shall provide CITY staff, or designated employee, with a radio to facilitate SPD to OPERATOR radio contact.

K. Vehicles held for investigation or recovered vehicles shall not be moved until authorized in writing by SPD. Vehicles with holds placed on them by SPD shall not be lien sold; however, OPERATOR may file for a lien but not complete the sale of the vehicle until such time as the hold is removed by SPD. OPERATOR shall not transfer title, nor accept any payment on a vehicle held for evidence until authorized in writing by SPD. Any inquiry into these vehicles should be forwarded to the SPD Traffic Section.

6. TOW OPERATORS BUSINESS LOCATION
A. An OPERATORS place of business shall have a sign which clearly identifies it to the public as a tow service. The sign shall have letters which are clearly visible to the public from the street and shall be visible at night.

B. Business hours shall be posted in plain view to the public.

C. An OPERATORS place of business shall be sufficiently staffed to allow customers to talk face -to-face with a tow company's owner, manager, or employee during normal business hours.
1) “Normal business hours" shall not be less than 8 a.m. to 5 p.m., Monday through Friday, except for the following state recognized holidays: New Year's Day, Martin Luther King Day, Labor Day, Lincoln's Birthday, President's Day, Cesar Chavez Day, Memorial Day, Independence Day, Columbus Day, Veteran's Day,
Thanksgiving Day, day after Thanksgiving Day, and Christmas Day (Section 22851(b) CVC).
2) Offices staffed with only one employee may be closed for one hour at lunch. A sign shall be posted which reflects a lunch closure and a phone number where a request by a vehicle's owner/agent shall result in an immediate response to release property or a vehicle.

ATTACHMENT A
3) Response to the office shall be within the time frame required for a normal SPD Class A tow.

D. The primary office facility shall, during regular business hours, afford the public shelter during rain or bad weather, shall have sufficient space to accommodate members of the public who have business with OPERATOR, and shall have a restroom and telephone available for public use.

E. The following documents, printed in a minimum of 12- point type, shall be posted by OPERATOR at all business locations and storage facilities in a conspicuous location easily visible to the public:
1) A complete copy of the agreement.
2) A schedule of all approved towing, storage, and additional charges as specified in the agreement; and
3) A notice explaining the procedure by which unclaimed vehicles are sold at public auction, including the locations of such auctions and publications in which such auctions are advertised, and stating that all in attendance at such auction shall have an equal opportunity to bid.

F. OPERATOR shall at all times maintain accurate and complete records of each agreement tow provided, including those tows where no Motor Vehicle Report (MVR) is completed. These records shall contain, but not be limited to the following information:
1) Vehicle Identification Number (VIN), license plate number, year, make, model, and color of each vehicle towed.
2) The date and time request for tow was received.
3) Location from which vehicle was towed.
4) Nature of service, start time, end time, location of call, itemized costs of towing and storage, the tow truck driver's name, and truck used; and
5) Name, date of birth, address, and telephone number of person to whom the vehicle is released.

G. The OPERATOR shall keep a written record of every vehicle stored for a period longer than 12 hours pursuant to Section 10650(a) CVC. 1) The record shall contain the name and address of the person storing or requesting the tow, the names of the owner and driver of the vehicle (if ascertainable), and a brief vehicle description (make,

ATTACHMENT A
model, license plate number, and any vehicle damage) pursuant to Section 10650(b) CVC.

H. The OPERATORS primary office shall also maintain business records relating to personnel, insurance, personnel taxes, payroll, applicable operating authorities, local operating authorities, lien sale actions, and Federal Communication Commission licensing (if applicable), for all agreement tows.

I. The SPD may inspect all OPERATOR records without notice during normal business hours.

J. OPERATORS shall permit the SPD to make copies of business records at their place of business, or to remove business records for the purpose of reproduction.

K. The SPD shall provide a receipt for any record removed from the place of business.

L. Records shall be maintained and available for inspection for a period of two (2) years plus the current term of this agreement.

M. Failure of the PROP OPERATOR ONENT to comply with the aforementioned inspection requirements shall be the cause for disciplinary action.

7. OPERATORS RESPONSE TO CALLS
A. The OPERATOR shall respond to calls 24 hours a day, seven (7) days a week, including weekends and holidays, within the maximum response time limits established herein.

B. The OPERATOR must respond to a dispatch order thirty (30) minutes of receiving the order from SPD or a CITY employee who has been duly authorized to request such tow services.
1) CITY recognizes that Class B, C, and D dispatches may exceed the desired thirty (30) minute response but said responses must be within reasonable time parameters as determined by SPD. 2) In the event OPERATOR fails to respond to a call and furnish a tow truck at the designated point of tow as prescribed above, SPD shall have the right by whatever means it deems appropriate, to have the vehicle towed by another tow provider. Repeated failures to meet the Class A response standards set forth above shall constitute a material breach of the agreement. In the event SPD determines in its sole and absolute discretion that OPERATOR is not meeting the response time standards, the procedures outlined in Section 20

ATTACHMENT A
"Disciplinary Action" of this agreement will be followed.

C. An appropriately licensed OPERATOR or tow truck driver shall respond with a properly equipped tow truck of the class required to tow the vehicle and be in possession of the appropriate class of license and applicable endorsements.
1) Any applicable permits (e.g. load variance, oversize) shall be valid and maintained in the tow truck.

D. OPERATOR shall advise SPD dispatch, at the time of notification, if they are either unable to respond or unable to meet the maximum response time.

E. If, after accepting the call, OPERATOR is unable to respond or will be delayed in responding, OPERATOR shall immediately notify the SPD communications center.

F. A failure to respond to towing or service calls, and/or repeated failures to meet maximum response time requirements, shall result in disciplinary action pursuant to the terms of this agreement.

G. If service, other than towing, recovery, and load salvage, is canceled by the vehicle's registered owner or agent, no lien shall arise for the service unless OPERATOR has presented a written statement to the vehicle's registered owner or agent for the signed authorization of services to be performed pursuant to Section 3068(a) of the Civil Code.

H. OPERATOR shall not attempt to take possession of a vehicle in order to establish a lien for any non- towing services performed or begun and subsequently canceled.

I. Nothing shall prohibit a Class B, C, or D OPERATOR from maintaining a place on a lighter class rotation tow list, provided the tow truck meets the equipment specifications for that class of operation.

J. Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced.

K. An SPD Supervisor may establish local policy which allows an OPERATOR to dispatch more than one tow truck to a multiple vehicle collision scene in response to a rotation tow call.

L. If two or more OPERATORS are called to the same incident, distribution of the vehicles shall be at the discretion of the SPD. Upon arrival, OPERATOR shall not solicit or make any attempt to take multiple vehicles.

SPD, at their discretion, may approve OPERATOR to tow more than one vehicle based on a variety of circumstances. In a situation where multiple

ATTACHMENT A
OPERATORS are requested, and no longer needed, those OPERATORS will be placed on top of the rotation list.

M. When an OPERATOR responds to a major collision and or crime scene, they will make every attempt to contact the scene supervisor or their representative. They should inquire as to what services are required.

Special instructions, access routes, evidence collection and storage instructions will be at the direction of the investigating officer.

N. When an OPERATOR is temporarily unavailable to provide services due to a pre-planned or scheduled activity, OPERATOR shall notify the SPD at least 24 hours prior to the date that services will be unavailable, noting the times and dates of the unavailability.

O. Only OPERATORS personnel and the equipment requested shall respond to an agreement tow call (e.g. tow truck driver bringing a girlfriend, children, or their dog, is not allowed).
1) An exception would be a responding tow truck driver trainee is permitted to ride with the OPERATOR.

P. OPERATOR may respond to a call assigned to another OPERATOR or re- assign a call to another OPERATOR upon request for additional assistance.

Q. OPERATORS shall respond to an incident to ascertain if additional assistance or equipment is required upon request of SPD.

R. There shall be no additional charge for any personnel or equipment which is not necessary to perform the required service.

S. There may be times when the OPERATOR assigned the initial call may require assistance from an additional OPERATOR /employee.

T. The assigned OPERATOR may, with the concurrence of the SPD, request a specific OPERATOR for additional assistance.

U. OPERATORS request shall be routed through the SPD.

V. There may be times when a OPERATOR, who was not called to the scene, comes upon a collision scene where a vehicle or vehicles are blocking a roadway and the on- scene officer requests assistance in clearing the roadway, in such case:
1) OPERATOR may be requested by SPD to move the vehicle to a safe location and leave it; and

ATTACHMENT A
2) There shall be no charge for this assistance and the assistance provided shall not change the OPERATOR S place on the call rotation list.

W. Regardless of the class of tow truck utilized or responding to the call, charges shall not be more than for the class of vehicle towed or serviced, except when vehicle recovery operations require a larger class tow truck.

8. DISPATCH AND TRACKING SYSTEM
A. Tow requests will be made by the Telecommunications Center of the SPD.

B. OPERATOR shall be responsible for contracting and paying for a private dispatch service.

All OPERATORS will use one dispatch service. Said
dispatch service will be staffed twenty-four (24) hours a day, seven (7) days a week, including weekends and holidays.

C. In a situation where OPERATOR is unable to meet the response requirements due to errors made by a private dispatch center, OPERATOR will be required to write a written summary explaining the circumstances.

The written summary will be sent to the Traffic Supervisor or his/her designee within seventy-two (72) hours for review.

9. STORAGE FACILITY AND RELEASE OF PROPERTY
A. OPERATOR shall maintain the following minimum storage facility standards:

B. The primary storage facility shall be at the same location as the business address.

C. This requirement may be waived by written approval from the Traffic Sergeant
D. A secondary storage facility shall only be utilized if the primary storage facility is full.

E. There shall be no charge to the vehicle's owner/agent for towing a vehicle from a secondary storage facility to the primary storage facility.

F. Storage facilities, owned by an OPERATOR and shared with another OPERATOR shall only be approved if the owner/OPERA TOR charges for the space exclusively on a flat monthly rate rather than on a vehicle-by- vehicle basis, or combination thereof.

G. Storage facilities shared by OPERATOR S, or other business establishments not owned by the OPERATOR, shall be physically separated and secured from each other.

ATTACHMENT A
H. Prior to the utilization of new storage facilities, or which have not already been approved, the OPERATOR shall obtain written approval from the City.

I. OPERATORS employees shall be properly trained to conduct business transactions related to towing, storage, and release of vehicles/property.

J. Upon approval from the SPD, OPERATOR or their employee shall release personal property from a vehicle which has been stored/impounded by the SPD at the request of the vehicle's registered owner or agent (personal property is considered to be items which are not affixed to the vehicle). 1) A receipt shall be provided for the removed property, with a copy placed in the stored vehicle.

K. This procedure shall also apply to the removal of property by OPERATOR and/or their employee to a secured area within the business.

L. The requirement to obtain approval from the SPD prior to the release or removal of property may be excused by the SPD Supervisor if it is determined proper safeguards and procedures are utilized by the OPERATOR.

M. This requirement may not be waived in cases where a vehicle has been impounded for evidence or investigation.

N. Personal property and/or the vehicle shall only be released at the primary storage facility.

O. Personal property or a vehicle released from a secondary storage facility shall only be granted if it is acceptable to the vehicle's registered owner or agent.

P. No fee shall be charged for the release of personal property during normal business hours pursuant to Section 22851(b) CVC.

Q. The maximum charge for a non-business hours release shall be one-half the hourly tow rate charged, or less, for initially towing the vehicle pursuant to Section 22851(b) CVC.

R. No lien shall attach to any personal property in or on the vehicle pursuant to Section 22851(b) CVC.

S. All towed vehicles shall be stored on private property in an approved storage facility. At no time shall towed vehicles be deposited, placed, or stored on public roadways or right of ways.

T. A request for outside or inside storage by the customer or CITY shall be

ATTACHMENT A
honored. If no request is made, the vehicle shall be stored in the least costly manner to the customer.

PRIMARY STORAGE YARD
A. Primary yards shall follow applicable City/County zoning regulations and permits. Yards must have an approved surface and pass an inspection by the applicable City department(s). Inspection and approval by the proper San Joaquin County agencies will also be required to ensure compliance with applicable County regulations.

B. If, at time of contract, OPERATOR does not have an approved surface yard, OPERATOR will be given a six-month period (from the date of execution of this agreement) to upgrade the surface and have it approved.

C. The area must be adequately lit during hours of darkness, adequately, as reasonably determined by the SPD.

D. Primary yards shall be enclosed by a substantial chain- link fence or wall, which complies with all applicable City and County ordinances, codes, and/or regulations. OPERATOR shall provide security at primary yard that is to the reasonable satisfaction of the SPD.

E. The area must have sufficient space to store at least one hundred (100) automobiles with at least two (2) feet of clearance between the sides of all vehicles, and at least one (1) foot clearance between the front or rear end of any vehicle and the front or rear end of another vehicle. The OPERATOR shall also maintain inside storage space to adequately store a total of (10) vehicles for "special circumstances /evidence." Said storage facility shall be in compliance with City/County zoning regulations and permits.

Secondary storage locations may be included in the total space numbers; however, neither customers nor SPD shall be charged any additional fees above or beyond what customer or SPD would have been charged had the vehicle been stored at the primary storage location.

NOTE: "Special circumstances /evidence" shall mean closed access, controlled, caged, away, inside of building. This area must always be secure. This must be a dedicated area. If using part of a large bay, this area will be secured with no less than a 6 ft. fence. This fencing must be secured to a wall or flooring. Free standing fencing may be used if all sections are secure to each other and both ends are permanently secured to a wall. The gate will be secured with a lock, at all times. The public, tow company employees and animals are prohibited from entering the special circumstances area, unless directed by an investigating officer. Signage must be posted, stating that the area has controlled access. "Keep Out", "Do Not Enter" or anything similar will suffice. Any door leading to this area will be secure and will have the required signage.

ATTACHMENT A
The area should be well maintained. OPERATORS should keep it free of debris, unnecessary equipment and or items that would interfere with an inspection. It should not be used to store or work on equipment and or vehicles. OPERATORS personal vehicles should not be stored in this area. The area should be well lit. There should be a minimum of (3) foot clearance on all sides of the vehicles. Access points to this area should not be blocked at any time.

F. All storage operations shall be performed in such a manner as to prevent damage to vehicles and their contents.

SECONDARY STORAGE YARD
A. The OPERATOR may maintain secondary yards for vehicle storage.

Secondary yards must be within a the “Stockton Metropolitan Area “of the business office.

For purposes of this agreement, "Metropolitan Area" means a city and the surrounding towns, suburbs, and communities that are closely connected to it through businesses, transportation, and daily life. For this Agreement, it includes all locations within a 10-mile radius of the center of the City of Stockton.

B. The facilities shall be maintained to the reasonable satisfaction of the SPD, who may cause the facilities to be inspected from time to time to ensure they meet the following requirements:
1) Secondary yards shall meet the same standards as Primary Storage Yards as stated above.
2) OPERATOR may not impose any additional fees or charges for storage at a secondary location.

10. TOW TRUCK DRIVERS
A. OPERATOR shall ensure that tow truck drivers responding to agreement calls initiated by the CITY are at least eighteen (18) years old and qualified, competent, and courteous employees of its company (since the public may associate their demeanor and actions with the CITY). OPERATOR shall also ensure that the· tow truck drivers are proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of the various types of vehicles serviced through an agreement call, and possess the following minimum class of driver's license:
1) Class A tow truck - a valid Class C (3) license or a valid Class A (1) license with a valid medical certificate.

ATTACHMENT A
2) Class B tow truck - a valid Class C (3) license for nonregulated vehicles or a valid Class A (1) license with valid medical certificate for regulated vehicles pursuant to Vehicle Code section 34500. 3) Class C tow truck - a valid Class A (1) license with a valid medical certificate.

B. The Class A (1) licenses must be endorsed to allow the operation of special vehicle configurations and/or special cargos.

C. OPERATOR shall maintain a current list of drivers.
1) OPERATOR shall provide a current list of its drivers to the Tow Hearing Officer upon agreement implementation. An updated list shall be provided to said officer within two (2) working days of any change in driver’s status.
2) OPERATOR shall, at a minimum, maintain the following information for each employee:
(a) Full name.
(b) Date of birth.
(c) California Driver’s License Number.
(d) Job title/description.
(e) Current home address.
(f) Current home phone number.

D. UNIFORM - Tow truck driver(s) shall wear the established uniform of their company, approved by the SPD. The Traffic Section of the SPD will maintain the approved uniform specifics on file. At a minimum, the name of the company and the name of the employee shall be clearly visible on the uniform.

11. TOW TRUCK INSPECTIONS
A. All tow trucks utilized by OPERATOR shall be inspected annually. Tow truck inspection costs will be borne by OPERATOR . Only inspections conducted by authorized officers of the California Highway Patrol or authorized SPD Officers will be accepted. The fee for a tow truck inspection by an SPD Officer will be set by the Stockton City Council, and may, from time to time, be adjusted by ordinance or resolution of the City Council.

B. Storage facilities may also receive an annual inspection by the SPD at no

ATTACHMENT A
cost to OPERATOR.

C. OPERATOR agrees to allow the CITY to inspect any and all storage facilities used to store tows under this contract, business office(s), and all equipment owned by OPERATOR at any time and for any reason, with or without notice. OPERATOR shall not utilize a tow truck on a City-generated tow call which has not been inspected and approved for use by either the California Highway Patrol or the SPD.

12. RATES
A. The following maximum charges are established for services or materials furnished by OPERATOR engaged in the tow truck business in connection with any vehicle tow pursuant to this agreement:
1) For tows authorized by SPD, other authorized employees of the CITY, or a citizen's requested tow through SPD the tow rates shall be the following:

Class A tow ...................................................................... $235.59 Class B tow ...................................................................... $302.54 Class C tow ...................................................................... $641.77 Class D tow ...................................................................... $641.89 Lowboy tow ...................................................................... $278.99 Rotator tow ....................................................................... $743.90 Towing of any CITY owned vehicle; or vehicles being seized per sections 8.16.010 through 8.16.090 of the Stockton Municipal Code (Nuisance Vehicles) .............................................. $117.80 Gate Fee ............................................................... $130.25 per day

2) Storage fees per vehicle:

Inside storage ........................................................ $86.83 per day Outside storage ..................................................... $75.73 per day Inside storage (Over 25 feet) ................................. $130.25 per day Outside storage (Over 25 feet) .............................. $113.61 per day Oversized vehicles: any vehicle over the length of 25 ft, will be charged at one and a half times the Class A outside storage rate.

The above rates represent the maximum an OPERATOR may charge on an agreement call. OPERATOR is not precluded from charging less when deemed appropriate. OPERATOR, nor their employee or agent, shall refer to any rate as the minimum required or set by the CITY/SPD. 4) Special incidents cost reimbursement: This list is not all inclusive,

ATTACHMENT A
and incidents will be taken on a case-by-case basis.

Destruction
Heavy Haul Tow
Subcontracted Tow
Rotator tow (J&E Tow)
Water Submerged
Diver Team

5) Markup rates for additional services, heavy haul, dive team, submerged vehicle 25%. For reimbursement, the tow company must submit an itemized invoice, which will be taken into consideration for approval by SPD.

Standard car/truck………………………+$400 to $450 (If trash inside or no cat $50)
Up to 20’ RV Trailer…………………….-$500-$900
Up to 40’ fifth wheel/travel trailer……..-$1,500 -$2,000 Less than 39’ RV (Motorhome, etc)… - $1,500 - $2,000
More than 40’: RV (Motorhome, etc)… -$2,500 (plus fees for garbage etcetera) Commercial trailer up to 30”………….. -$1,000
Commercial trailer up to 53’.………….. -$2,500 (plus fees for garbage etcetera)

6) Any vehicle cleared for release by SPD shall be released by the affected tow company.

B. Time expended in excess of sixty (60) minutes on- scene may be charged in fifteen -minute increments apportioned from no more than the proportionate hourly rate and shall be properly documented on the OPERATORS invoice. These additional tow truck or driver service fees may be charged under the following conditions or circumstances:
1) When directed to "stand-by" by an authorized SPD/CITY employee or agent.
2) Necessary accident and/or recovery operations; or
3) Labor per hour for additional personnel as needed.
4) The schedule of rates charged by OPERATOR shall be available in

ATTACHMENT A
the tow truck and shall be presented upon demand to the person(s) for whom the tow services were provided or his/her agent at the scene.
5) Per Civ. Code, 3068.41, if the release is made more than 24-+hours after the vehicle is placed in storage, charges may be imposed on a full calendar day basis for each day or part thereof, that the vehicle is in storage.
6) If a request for service by OPERATOR is canceled by the CITY or vehicle's owner/agent prior to OPERATOR taking possession of the vehicle, there shall be no charge by CITY to OPERATOR or by OPERATOR to the vehicle owner. However, the tow company will go to the top of the rotation list.
7) When any vehicle is ordered towed by SPD, and it is later determined that the City is responsible for the fee, such fee shall not exceed the amount of the fee provided in the schedule of fees for City-owned vehicles. The City shall not incur any storage charges.

This includes vehicles seized/stored as evidence.
8) OPERATOR or its employees may commence lien sale
proceedings after seventy-two (72) hours. of possession, OPERATOR may charge lien sale fees 'to either the legal owner or registered owner of the vehicle after the seventy -two hours , per CVC section 3068.

Any violations of this section will be considered over -charging, a material breach of contract, and shall constitute grounds for termination of the agreement.

13. TOW RATE INCREASE
A. During the term of this agreement, THE CITY may increase tow and storage rates equal to the Consumer Price Index (CPI) for Urban Wage Earners and Clerical Workers' United States City Average (CPI_W) for the twelve-month period concluding with the November Index of each preceding year. This rate increase shall not exceed 5% per year.

14. COLLUSION
A. A OPERATOR and/or applicant shall not conspire, attempt to conspire, or commit any other act of collusion with any other OPERATOR or applicant for the purpose of secretly, or otherwise, establishing an understanding regarding rates or conditions to the agreement that would bring about any unfair condition which could be prejudicial to SPD, the motoring public, or other OPERATORS.

ATTACHMENT A
B. A finding by the SPD that any OPERATOR or applicant has been involved in collusion shall be cause for denial of an application. A OPERATOR or applicant found to be involved in any act, or attempted act of collusion, shall be disqualified from participation on all agreement tows for the current year, plus three years.

15. ANNUAL OPEN ENROLLMENT/MEETINGS
A. The SPD shall conduct, at a minimum, one (1) annual open meeting meeting to discuss the forthcoming agreement terms and issues concerning the agreement.

B. SPD shall give the OPERATOR a 30-day written notice of the meeting.

C. If a OPERATOR or OPERATORS designee fails to attend the annual open enrollment meeting, the OPERATORS application shall be deemed withdrawn and thereby automatically denied.

D. The OPERATOR shall be provided with written notification of the denial and may re-apply during the next open enrollment.

E. Any subsequent meetings shall be mandatory for the OPERATOR or OPERATORS designee.

F. Failure to attend a meeting shall result in disciplinary action G. A new OPERATOR can be added to the rotating list during open enrollment meetings.
1) New OPERATORS shall meet all the requirements mentioned in this agreement.

16. SEMI-ANNUAL MEETINGS
A. The SPD shall conduct meetings on a semi-annual basis to discuss issues concerning this agreement and related policy. These meetings shall be mandatory for the OPERATOR, or its designee. A minimum of fifteen (15) days’ advance written notice of these meetings will be given to OPERATOR.

17. SPECIAL MEETINGS
A. Special meetings may be called by SPD when fifteen (15) days advance notice is given. Meetings may also be requested by all contracted tow OPERATOR (S) with fifteen days’ advance notice. Such requests must be made in writing and signed by each OPERATOR.

ATTACHMENT A

18. DEMEANOR AND CONDUCT
A. While involved in the agreement operations or related business, the OPERATOR and/or its employee(s) shall refrain from any act of misconduct, including, but not limited to, any of the following:
1) Rude or discourteous behavior to the public or CITY employees; 2) Lack of service or refusal to provide service to the public or CITY employees;
3) Any act of sexual harassment or sexual impropriety;
4) Unsafe driving practices;
5) Exhibiting any objective symptoms of alcohol and/or drug intoxication. OPERATOR /tow truck driver shall submit to a Preliminary Alcohol Screening Test upon demand of SPD; or 6) Appearing at the scene of an agreement call without being attired in the OPERATORS established uniform.

B. Violation of the above provision may result in a reprimand, suspension, or termination of OPERATOR, as deemed appropriate by the SPD.

19. TOW COMPLAINTS
A. The OPERATOR shall maintain a formal complaint process and complaint form. The process and form shall be subject to approval by the SPD and shall provide the SPD with sufficient information to document and account for customer claims for damage, theft, or other complaints, and to show the status or resolution of such complaints.

B. OPERATOR shall respond to customer complaints within five (5) working days and shall fax copies of complaints and documentation indicating the resolution reached to SPD.

C. The complaint form must include the following language:
1) Unresolved complaints may be brought to the attention of (name of insurance company and contact info).
2) Name and address of OPERATORS Insurance Broker handling the insurance coverage required pursuant to this agreement; and 3) The complaint form must be visible and available in the lobby.

D. All complaints received by SPD against the OPERATOR or its employee(s) will be accepted and investigated in a fair and impartial manner.

ATTACHMENT A
E. The tow OPERATOR and their employees shall cooperate with SPD investigators during an investigation.

F. The OPERATOR shall be notified in writing of the findings within 30 days of the conclusion of any investigation.

G. Should the filing of criminal charges be a possibility, SPD shall conduct the investigation to conclusion or assist the lead investigating agency and request prosecution if warranted.

20. COMPLIANCE WITH LAW
A. OPERATOR and tow truck driver(s) must be in compliance with all applicable Federal, State, County, and Municipal Code provisions which are in force or become effective during the contract period which, in any manner, affect towing and storage of vehicles, including, without limitation, the requirement that any person who drives a tow truck for OPERATOR is properly licensed and that all tow vehicles meet Vehicle Code requirements. 1) In the event of minor traffic violations by a tow truck driver(s), OPERATOR shall be advised of the violations by SPD. The OPERATOR will be granted the opportunity to ensure that its driver(s) is/are in compliance with the law. Any subsequent traffic violations may be cause for action, in the form of a reprimand, suspension, or termination of the OPERATOR and/or the involved employee(s) privilege of performing under the agreement. 2) Any tow truck driver of OPERATOR who is not under the immediate observations of the OPERATOR while on duty and who, while driving a tow truck, is arrested and subsequently convicted for misdemeanor driving under the influence of alcohol and/or drugs, will be subject to suspension and/or termination from participation as a tow truck driver on agreement tows. The length of any suspension will be at the discretion of the City.

B. Any conviction of the OPERATOR involving stolen or embezzled vehicles, fraud related to the towing business, stolen or embezzled property, crimes of violence, felony driving while under the influence of alcohol and/or drugs, or crimes of moral turpitude shall be cause for OPERATOR S termination from participation in this agreement.

C. OPERATOR shall not allow any of its EMPLOYEES with any convictions involving stolen or embezzled vehicles, fraud related to the towing business, stolen or embezzled property, crimes of violence, felony driving under the influence of alcohol and/or drugs, or crimes of moral turpitude to provide service for any agreement tows.

D. OPERATOR or any employee of OPERATOR arrested and/or charged for

ATTACHMENT A
a violation involving any of the above crimes shall be suspended from providing services under this agreement until the case is adjudicated.

E. SPD personnel, as well as tow OPERATOR S and their employees, shall not be offered or accept gratuities pursuant to CVC section 12110(a).

F. OPERATORS shall have a Carrier Identification ("CA") number and a valid Motor Carrier Property (MCP) permit. The MCP documentation shall be provided to the SPD during the enrollment period.

G. Expiration of an OPERATORS MCP and/or suspension of the MCP, pursuant to Section 34623 of the California Vehicle Code, shall result in the immediate suspension of OPERATOR , as well as additional disciplinary action which may be imposed by the City.

H. OPERATORS supplier(s) and/or subcontractor's involvement requires the use of a licensed, patented, or proprietary process, the OPERATOR is responsible for assuring that the subcontractor, supplier, and/or OPERATOR have been properly authorized to use the process or for providing another process which is comparable to that which is required.

I. The OPERATOR shall be in compliance with all California Vehicle Code requirements pertaining to the operation and maintenance of said tow trucks and operation of their business.

J. OPERATOR shall comply with Section 22651.1 of the California Vehicle Code with respect to acceptance of payment. OPERATOR, or its employees, shall accept a valid bank credit card or cash, at the customer's discretion, for payment of towing and/or storage costs.

21. DISCIPLINARY ACTION
A. The Traffic Sergeant or their designee, shall take disciplinary action against OPERATOR for violations that are investigated and determined to be substantiated by the SPD . Furthermore, the OPERATOR agrees that failure by the OPERATOR, or their agent, to comply with these terms and conditions of an application, or termination from the SPD Rotation Tow Program – Section2424[d]CVC.
1) The Traffic Sergeant or their designee shall retain discretion regarding the length of any suspension or termination imposed pursuant to the terms and conditions of this agreement. However, such discretion shall not be unreasonably exercised, and except as otherwise indicated in these standards (e.g. where conditions warrant immediate and/or summary suspension or termination), discipline shall be imposed in a progressive manner, taking into consideration such factors as the OPERATORS overall performance and prior violations, if any.

ATTACHMENT A
B. Nothing shall preclude the SPD from taking appropriate enforcement or administrative action for any violation of law. Depending on the circumstances, a violation of the equipment requirements related to safety may be cause for either suspension or termination from the agreement. Any period of suspension shall be determined by the City in its sole discretion.

Suspensions will remain in effect until the period of suspension is completed and the SPD has conducted an inspection and found that the OPERATOR is in compliance.

C. Nothing herein shall be deemed to prohibit SPD from immediately suspending, terminating, or denying an application of any OPERATOR or employee for any of the following.
1) Whose conduct, in the opinion of the Traffic Sergeant or their designee is deemed to be a danger to the motoring public (e.g. registered sex offender, acts of violence, fraud)
2) A violation of equipment requirements, related to safety. 3) Who has engaged in conduct constituting a flagrant violation of the agreement.

Depending on the circumstances, a violation of overcharging, based upon fees set in these standards, may be cause for suspension or termination from providing agreement towing. Any period of suspension shall be determined by the City. Any suspension will remain in effect until the period of suspension is completed and the OPERATOR has presented proof to SPD that reimbursement has been made to the aggrieved customer(s).

D. Records of violations shall be retained by SPD for 36 months, plus the current agreement terms. Failure of the OPERATOR to satisfy a court order mandating that the OPERATOR reimburses a vehicle or property owner for damage or loss which occurred while the vehicle was in the OPERATORS custody may result in the OPERATORS suspension or termination from providing agreement towing, depending on the circumstances. Any period of suspension shall be determined by the City. Any suspension shall remain in effect until the' period of suspension is completed and the OPERATOR has presented proof of the reimbursement.

E. Disciplinary action taken against a OPERATOR by the Traffic Sergeant or their designee should be honored by all SPD areas being serviced by the OPERATOR in question. Failure of the OPERATOR to comply with the inspection requirements of these standards may result in a suspension.

The period of any such suspension shall be determined by the City. The suspension shall remain in effect until the period of suspension is completed and the OPERATOR has complied with the inspection requirement.

ATTACHMENT A
F. Failure of the OPERATOR to maintain the minimum insurance requirements, as set forth in "Exhibit B," shall constitute a violation of these standards and shall result in the OPERATORS immediate suspension from providing agreement towing. Such suspension shall remain in effect until such time as the OPERATOR has complied with the applicable insurance requirements and the Traffic Sergeant or their designee, in his sole discretion, decides what, if any, additional disciplinary action, up to and including termination from providing agreement towing, should be imposed. The OPERATOR may be subject to additional disciplinary action for failing to notify the SPD, in advance, of any insurance policy expiration and/or cancellation.

G. In the event SPD determines in its sole and absolute discretion that OPERATOR does not meet the response time standards, the following procedures will be followed:
1) SPD will notify OPERATOR that OPERATOR performance is unacceptable.
2) As part of the notification, SPD will provide sufficient details concerning instances of non-performance to allow OPERATOR to identify responsible employees involved in the delays.
3) OPERATOR will take immediate and specific steps to improve its performance.
4) Within thirty (30) days, OPERATOR shall provide a written report to SPD on the steps it has taken to improve OPERATOR S
performance; and
5) If, after these procedures, OPERATOR has failed to take adequate steps to improve its performance, as determined by SPD in its reasonable discretion, such failure shall constitute a material breach and grounds for termination of OPERATOR S privilege to provide services under this agreement.

H. In lieu of termination: the city may impose additional suspensions for longer periods if deemed appropriate.

I. Nothing herein shall be deemed to prohibit the City from imposing an immediate suspension or termination from providing City-generated towing of OPERATOR and/or any employee(s) of OPERATOR whose conduct, in the Chiefs sole opinion, is a danger to the motoring public or constitutes a gross violation of these standards set.

J. A suspended or terminated OPERATOR, and/or the tow business owner at the time of the suspension or termination, shall not be eligible for a rotation listing for the duration of the suspension or termination.

ATTACHMENT A
K. If OPERATOR is serving a suspension for one year or more, the OPERATOR shall be required to have complied with all terms and conditions of the current agreement at the time of reinstatement.

L. An OPERATOR shall comply with all the terms of the suspension ( e.g. restitution to victims, court orders) prior to reinstatement or re-application.

M. Records of any violations of agreement standards committed by OPERATOR while operating under these standards, or at any prior time during which the OPERATOR provided towing services for the CITY pursuant to an agreement with the CITY, shall be retained by the SPD for the duration of the OPERATORS participation in City -generated towing (and such additional periods as required under applicable state law), and may be considered in determining the levels of progressive discipline.

22. TERMS OF DISCIPLINARY ACTION
A. Violations of the terms and conditions of the agreement may be cause for disciplinary action in the following manner.

1) First violation within a 12-month period – letter of reprimand. 2) Second violation within a 12-month period – one to 30-day suspension. 3) Third violation within a 12-month period – 60–90-day suspension. 4) Fourth Violation within a 12-month period – termination of the agreement.

NOTE: Nothing may preclude a Traffic Sergeant or their designee from imposing a suspension for a first violation.

B. Violations of the terms and conditions of the agreement which warrant suspension for the first violation are categorized as major violations. Any subsequent or continuing major violation may be cause for termination.

1) In lieu of termination, SPD may impose additional suspensions for longer periods, if deemed appropriate.

2) When considering disciplinary action for a major violation of the agreement, the city should take into consideration all violations which have occurred within this agreement period

C. A suspended or terminated OPERATOR, and/or the tow business owner at the time of the suspension or termination, shall not be eligible for a rotation listing for the duration of the suspension or termination.

ATTACHMENT A
1) This provision applies to the OPERATOR working in any capacity within any tow business or operating any tow business, even if operated under new ownership.

D. If the OPERATOR is serving a suspension, the OPERATOR shall be required to have complied with all terms and conditions of the current agreement at the time of reinstatement.

E. A OPERATOR shall comply with all the terms of the suspension (ie:
restitution to victims, court orders) prior to the reinstatement or reapplication.

23. HEARING/APPEALS FOR DISCIPLINE
A. A hearing shall be granted, upon an OPERATORS request, within ten (10) calendar days for any of the following circumstances:
1) OPERATOR is served with disciplinary action.
2) Denial of a n OPERATORS rotation tow application or a OPERATOR /driver application.

B. The Traffic Sergeant or their designee shall provide written notification to the OPERATOR requesting a hearing, indicating acknowledgement of the hearing request and a hearing date assigned.

C. A hearing shall be held as soon as practicable.

D. The hearing shall be conducted by the Traffic Sergeant or designee, and the OPERATOR shall be entitled to present all relevant facts and circumstances in support of the OPERATORS position.
1) The OPERATOR shall be entitled to present the testimony of at least one qualified person (i.e. representation by counsel or attorney).

E. OPERATOR shall be notified in writing of the Traffic Sergeant or their designee’s decision(s) within ten (10) business days of the date of completion of the hearing.

F. Upon receipt of the Traffic Sergeant or their designee’s written hearing decision, if the OPERATOR is dissatisfied with the decision(s), the OPERATOR may appeal by submitting a written request to the SPD Police Lieutenant within ten (10) business days.

G. The appeal shall be conducted by the City or designee and shall be held as soon as practicable.

ATTACHMENT A
H. The City or designee shall provide written notification to the OPERATOR requesting an appeal indicating acknowledgement of the appeal request and an appeal date assigned.
1) The OPERATOR shall have the same rights as afforded at the area level.
2) The OPERATOR shall be notified in writing of the City’s decision(s) within ten (10) business days of the appeal.
3) The City’s decision(s) shall be subject to no further administrative appeal.

I. Disciplinary action shall not take effect until the hearing and appeal process has been exhausted, with the exception of OPERATORS whose conduct is deemed to be a danger to the motoring public or who continue to violate the terms and conditions of this agreement.

J. If a OPERATOR fails to request a hearing or appeal within the specified time or fails to appear at a scheduled hearing or appeal, the action taken by the CITY shall be final and the disciplinary action shall take effect upon written notification to the OPERATOR by the City.

24. MIDTERM REVIEW
A. The purpose of this section is to provide a process for a Mid-Term Review of the terms and conditions of the agreement in the event there is a legitimate and substantial change in conditions or law affecting OPERATORS, CITY, or the SPD. Examples of conditions may include, but not be limited to:
1) Substantial increase or decrease in business expenses; 2) Advances in technology in the industry related to safety issues; 3) Changes in law requiring the CITY or the OPERATORS to perform specific functions or operations in order to comply; or 4) Changes in the terms and conditions of the agreement were brought about as a result of recommendations from the Police City and approved by the City Manager.

B. A request for a Mid- Term Review of the terms and conditions of the agreement shall be communicated to SPD in writing from all OPERATORS.

The CITY may also request a Mid-Term Review if it is in the best interests of the motoring public, the OPERATORS, and/or the CITY.

C. Conditions indicating a need for a Mid- Term Review must be substantial.

ATTACHMENT A
The review process is not intended to provide relief for OPERATORS who might wish to increase rates or change any other term or condition of the agreement to compensate for financial problems brought about as a result of business decisions or conditions which affect OPERATORS.

D. A Mid-Term Review, when granted, will not automatically authorize a change in the terms and conditions of the agreement. If a Mid -Term Review is announced, it is the responsibility of SPD to conduct a review of the conditions which initially caused the request to be communicated and to determine if the change(s) is/are justified.

E. Any change in the terms and conditions of the agreement which may result from the Mid-Term Review shall not be effective until approved in writing by the CITY.

25. ADVERTISING
OPERATOR shall not display any sign or engage in any advertisement indicating an official connection with the CITY or the SPD; e.g., "Official Stockton Police Tow," "Approved by SPD," etc. This will not preclude the Traffic Sergeant from implementing a system of marking and/or identifying particular tow trucks as having passed a Stockton Police Department or California Highway Patrol inspection or as being certified for this agreement towing.

26. TOW TRUCK CLASSIFICATIONS
A. OPERATOR shall equip and maintain for each class of tow truck designated herein the equipment designated below in accordance with the provisions set forth in the California Vehicle Code, Title 13 of the California Code of Regulations, and the specifications contained in this agreement.

B. Tow truck equipment and specifications listed in this agreement are the minimum acceptable. Auxiliary equipment will be required in each class.

All references to "tow trucks" shall have the same applicability as "tow cars" under CVC section 615.

C. EQUIPMENT LIMITATIONS:

All towing equipment, recovery equipment, and carrier ratings are based on structural factors only. Actual towing, carrying, and recovery capacity may be limited by the capacity of the chassis and the optional equipment selected
D. TOWING LIMITATIONS:

The criteria to use in determining the safe towing limits for a truck are:
1) The total weight of the truck, including the lifted load, must fall within

ATTACHMENT A
the manufacturer's Gross Vehicle Weight Rating (GVWR) and not exceed either the Front or Rear Axle Weight Ratings
(FAWR/RAWR).
2) The truck must meet all applicable state and/or federal standards. 3) For proper steering and braking, the front axle load must be at least 50% of its normal or unladen weight after the load is lifted.

E. IDENTIFICATION LABELS:

Each piece of towing equipment shall have a label or identification tag permanently affixed to the equipment in a prominent location to identify the manufacturer, serial number, model, and rate capacity.

F. RECOVERY EQUIPMENT RATING:

The basic performance rating of the recovery equipment is the weight the equipment can lift in a winching mode when the boom is static at a 30- degree elevation with the load lines vertical and the lifting cables sharing the load equally, measured with a live load (weight or load cell). 1) The structural design of the recovery equipment must have a higher load capacity than the performance rating(s).
2) Winches shall conform to or exceed the specifications set forth by the Society of Automotive Engineers (SAE) Handbook, SAE J706. 3) All ratings for cable and chain assemblies are for the undamaged assembly condition. All cable and chain assemblies should be the same type, construction, and rating as specified by the Original Equipment Manufacturer (OEM) for the equipment.

G. SAFETY CHAINS:

Safety chains shall be rated at no less than the rating specified by the OEM.

H. CONTROL/SAFETY LABELS:

All controls shall be clearly marked to indicate proper operation as well as any special warnings or cautions.

I. WIRE ROPE
Wire rope shall be maintained in good condition. Only wire rope with swaged ends with metal sleeves in the loops shall be approved for use by the SPD. Wire rope is not in good condition when it is stranded, knotted, crushed, excessively rusty, kinked, badly worn, when there are two or more

ATTACHMENT A
wires broken in lay length, or when there is other visible evidence of loss of strength.

J. Class A Tow Trucks
1) Class A Tow Truck Equipment Specifications:
(a) 14,000-19,500-pound GVWR chassis.
(b) Four-ton boom and recovery equipment rating.
(c) Hydraulic or mechanical winch.
(d) 100 feet of 3/8", 6X19 cable or Original Equipment
Manufacturers (OEM) specifications.
(e) Tow chains, 5/16" alloy or OEM specifications, J/T hook assembly.
(f) Minimum of two safety chains, 5/16" alloy or OEM
specifications.
(g) Tow sling rating of 3,000 pounds.
(h) Wheel-lift safety straps or equivalent mechanical device.

NOTE: All required wheel safety straps or equivalent wheel retention devices, tie-down straps, and two safety chains shall be used during towing operations.
(i) Tow dolly.
(j) One three-ton snatch block.
(k) Wheel lift rating or under lift rating:
(l) Retracted - 3,000 pounds.
(m) 85" extension - 3,000 pounds.
2) Class A Car Carrier (One Car) Equipment Specifications:
(a) 14,500 - 16,000 pounds GVWR chassis.
(b) Hydraulic or mechanical winch.
(c) 50 feet of 3/8", 6X19 wire rope or OEM specifications. (d) J/T hook loading bridle/chains.

ATTACHMENT A
(e) Safety chains, 5/16" alloy or OEM specifications, two pairs of safety chains for the vehicle being transported.

NOTE: All required tie -down straps and four safety chains shall be used during vehicle transportation.
3) Class A Car Carrier (Two Cars) Equipment Specifications:
(a) Minimum 16,001 pounds GVWR chassis.
(b) Hydraulic or mechanical winch.
(c) 50 feet of 3/8", 6X19 cable or OEM specifications.
(d) J/T hook loading bridle/chains.
(e) Safety chains, 5/16" alloy or OEM specifications; two pairs of safety chains for the vehicle being transported and two safety chains for the vehicle being towed.

NOTE: All required tie -down straps and four safety chains shall be used during vehicle transportation.

K. CLASS B:
1) Class B Tow Truck Equipment Specifications:
(a) 19,501-33,000 pounds GVWR chassis.
(b) Air brakes or hydraulic with air hookup package and single control compressor.
(c) 14-ton boom and recovery equipment rating.
(d) Hydraulic or mechanical winch(es).
(e) 150 feet of 7/16", 6X19 wire rope or OEM specifications. (f) Tow chains, 5/16" alloy or OEM specifications.
(g) Two safety chains, 5/16" alloy or OEM specifications. (h) Tow sling rating 7,000 pounds (when applicable).
(i) Two eight-ton snatch blocks.
(j) Wheel lift safety straps or equivalent mechanical device.

NOTE: All required wheel safety straps, or equivalent wheel

ATTACHMENT A
retention devices, tie-down straps, and two safety chains shall be used during towing operations.
(k) Wheel lift or under lift rating:
(1) Retracted - 10,000 pounds.
(2) 85" extension - 8,000 pounds.
2) Class B Car Carrier (One Car) Equipment Specifications:
(a) 19,501 pounds or more GVWR chassis.
(b) Hydraulic or mechanical winch.
(c) 50 feet of 3/8", 6X19 cable or OEM specifications.
(d) J/T hook loading bridle/chains.
(e) Safety chains, 5/16" alloy or OEM specifications; two pairs of safety chains for the vehicle being transported and two pairs of safety chains for the vehicle being towed.

NOTE: All required tie-down straps and four safety chains shall be used during transportation.

L. CLASS C:
1) Class C Tow Truck Specifications:
(a) 33,000-50,000 pounds GVWR chassis.
(b) Air brakes with air hookup package and single control compressor.
(c) 25-ton recovery equipment rating.
(d) Hydraulic or mechanical winch(es).
(e) 200 feet of 5/8", 6X19 cable or OEM specifications. (f) Tow chains, 5/8" alloy or OEM specifications.
(g) Safety chains, 5/8" alloy or OEM specifications.
(h) Tow sling rating of 12,000 pounds (when applicable). (i) Two 12-ton snatch blocks.

ATTACHMENT A
(j) Under lift rating:
(1) Retracted - 25,000 pounds.
(2) 100" extension - 12,000 pounds.

NOTE: All required tie-down devices and two safety
chains shall be used during towing operations.

27. AUXILIARY EQUIPMENT
A. CLASS A TOW TRUCKS:

For each type or classification of towing equipment (sling, wheel lift, or carrier), certain types of equipment are required, at a minimum. 1) Required Equipment:
(a) Towing Sling - A J/T hook tow chain assembly, a 4"X4"X60" wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains.
(b) Wheel lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety
chains.
(c) Car Carrier - A J/T hook loading bridle, a 4"X4"X48" and a 4"X4"X60" wooden crossbeam, a pair of spacer blocks, and two pairs of safety chains.
(d) Extension - Brake and tail lamps.
(e) Fire Extinguisher.
(f) Broom.
(g) Shovel.
(h) Reflective triangles.
(i) Flares.
(j) Trash can(s) with absorbent.
(k) One, 3-ton snatch block.
(l) Shop-to-truck communication system (C/B excluded).
2) Service and Other Equipment:

ATTACHMENT A
3) Adequate emergency supply of fuel in an approved container. 4) Booster battery or hot box starting system.
5) Hydraulic jack capable of handling passenger cars and light trucks. 6) Metric and standard lug wrenches.
7) Rubber mallet/hubcap tool.
8) Lockout tools.
9) Motorcycle straps.
10) First-Aid kit.
11) Sledgehammer.
12) Bolt cutters.
13) Crowbar.
14) Tool kit containing tools appropriate for job specification.

B. CLASS B TOW TRUCKS:

For each type or classification of towing equipment (sling, wheel lift, or carrier), certain types of equipment are required, at a minimum. 1) Required Equipment:
(a) Towing Sling - A J/T hook tow chain assembly, a 4"X4"X48" and a 4"X4"X60" wooden crossbeam, a pair of spacer blocks, a steering wheel clamp, a towing dolly, and safety chains. (b) Wheel Lift - Wheel safety straps or equivalent mechanical device, steering wheel clamp, towing dolly, and safety
chains.
(c) Truck Hitch - Tow chain assembly, a 4"X4"X60" and a 6"X6"X60" wooden crossbeam (as necessary), aluminum
tow angle(s), and safety chains.
(d) U
nder Lift - An assortment of lift forks/adapters, safety tie - down chai
ns, and safety chains.
(e)
Extension - Brake and tail lamps.
(f) Fire extinguisher(s).

ATTACHMENT A
(g) Broom.
(h) Shovel.
(i) Reflective triangles.
(j) Flares.
(k) Trash can(s) with absorbent.
(l) Two 8-ton snatch blocks.
(m) Axle covers/caps.
(n) Air hoses and necessary fittings to provide aid to the towed vehicle.
(o) Shop-to-truck communication system (C/B excluded).
2) Service and Other Equipment:
(a) Adequate emergency supply of fuel in an approved container. (b) Booster battery or hot box starting system.
(c) Hydraulic jack capable of handling passenger cars and light trucks.
(d) Metric and standard lug wrenches.
(e) Rubber mallet/hubcap tool.
(f) Lockout tools.
(g) Motorcycle straps.
(h) First-Aid kit.
(i) Sledgehammer.
(j) Bolt cutters.
(k) Crowbar.
(l) Tool kit containing tools appropriate for job specification.

C. CLASS C TWO TRUCKS:

For each type or classification of towing equipment (sling, wheel lift, or

ATTACHMENT A
carrier), certain types of equipment are required, at a minimum. 1) Required Equipment:
(a) Towing Sling - A tow chain assembly, a 4"X4"X60" and a 6"X6"X60" wooden crossbeam, a pair of spacer blocks, a
steering wheel clamp, and safety chains.
(b) Truck Hitch - Tow chain assembly, a 4"X4"X60" and a 6"X6"X60" wooden crossbeam (as necessary), aluminum
tow angle(s), and safety chains.
(c) Under Reach -An assortment of lift forks/adapters, safety tie- down chains, and safety chains.
(d) Extension - Brake and tail lamps.
(e) Fire Extinguisher(s).
(f) Broom.
(g) Shovel.
(h) Reflective Triangles.
(i) Flares.
(j) Trash can(s) with absorbent.
(k) Steering wheel clamp.
(l) Two 12-ton snatch blocks.
(m) Axle covers/caps.
(n) Air hoses and necessary fittings to provide air to the towed vehicle.
(o) Shop-to-truck communication system (C/B excluded).
2) Service and Other Equipment:
(a) Adequate emergency supply of fuel in approved container. (b) Booster battery or hot box starting system.
(c) Hydraulic jack capable of handling passenger cars and light trucks.

ATTACHMENT A
(d) Metric and standard lug wrenches.
(e) Rubber mallet/hubcap tool.
(f) Lockout tools.
(g) Motorcycle straps.
(h) First-Aid kit.
(i) Sledgehammer.
(j) Bolt cutters.
(k) Crowbar.
(l) Tool kit containing tools appropriate for job specification.

28. INDEMNITY AND HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall hold harmless, defend at its own expense, and indemnify the City of Stockton and 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 contractor or its officers, agents, OPERATORS, 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. 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.

29. SIGNATURE AUTHORITY AND COUNTERPARTS
The undersigned hereby represents and warrants that they are authorized to execute this agreement and may be executed in counterparts which shall together constitute one document.

OPERATOR APPROVAL
I certify that all drivers operating under this agreement are qualified and competent. I further certify that I have read and understand this agreement and agree to abide by all the provisions stated herein

ATTACHMENT A
Exhibit B:

Insurance Requirements
(Tow Operator)

Operator 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 Operator, 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 Operator 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. Uninsured Motorist: Legal minimum, combined single limit.

4. 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.

5. Garage Liability: Includes premises and operations. Coverage for bodily injury and property damage with a combined single limit of not less than $500,000.

6. Garage Keeper’s Liability: Shall be the same minimum as on-hook coverage for vehicles in the care, custody, and control of the operator in the storage yard.

7. On- Hook Coverage/Cargo: Insuring the vehicle in tow with limits based on the size of the tow truck.

a. Class A tow truck $50,000
b. Class B tow truck $100,000
c. Class C tow truck $200,000
d. Class D tow truck $250,000

ATTACHMENT A

8. Minimum Level of Financial Responsibility (as required by Section 34631.5 CVC) – Bodily injury and property damage with a combined single limit of not less than $750,000 for Class A tow trucks. The combined limits for Classes B, C, and D shall not be less than $1,000,000. These minimum standards are to include non-owned and hired auto coverage.

If the Operator 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 operator. 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 Operator 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 Operator’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
For any claims related to this contract, the Operator’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 Operator’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 Operator’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Operator 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

ATTACHMENT A
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 Operator’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
Operator hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Operator may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Operator 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 Operator to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Operator 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 Operator 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

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

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

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work .

3. If coverage is canceled or non-renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Operator must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage

Operator 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 Operator’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Certificate Holder Address

The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers

ATTACHMENT A
400 E Main St, 3rd Floor – HR
Stockton, CA 95202

ATTACHMENT A

EXHIBIT C

GENERAL TE

RMS 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 Invoic
es 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 compl
etion 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 sh all be adequate and sufficient to meet the purposes of this Agreement.

5. Ownership of Work . All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 ATTACHMENT A
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 deliver y 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 Contrac tor to comply with the time limit s described in Exhibit A and Exhibit F may result in economic or other losses to the City.

7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.

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

9. Contractor’s Status.

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

9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 ATTACHMENT A
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Con tractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.

9.4 It is further understood and agreed that Contractor must issue W -2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be
subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for
the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

10.2 If in the performance
of this Agreement any third persons are employed by
Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.

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

11. Termination.

11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 ATTACHMENT A

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 s hall 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 m ay set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.

13. Indemnity and Hold Harmless
. To the fullest extent permitted by law,
Contractor shall hold harmless, defend and
indemnify City of Stockton and
its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs
(including without limitation costs and
fees of litigation) of every nature
arising out of or in connection with
Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this
agreement, except such loss or damage
which was caused by the sole
negligence or willful misconduct of the City
of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations
contained in this agreement.

These obligations shall survive the completion or termination of this agreement.

14. Insurance. During the
term of this Agreement, Contractor shall maintain in
full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement
and shall otherwise comply with the
other provisions of E
xhibit B to this Agreement.

15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

16. Conformance to Applicable Laws.

Contractor shall comply with all
applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement
on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 ATTACHMENT A

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 Agr eement, 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 m anner of degree by the performance of Contractor ’s services under this Ag reement. If such an interest arises, Contractor shall immediately notify the City.

21. Waiver . In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.

22. Governing Law . California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the Cit y or for any amount due Contractor.
5 ATTACHMENT A

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. Neithe r 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 for ce majeure event, and to use diligent efforts to re- commence performance as promptly as commercially practicable.

27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.

28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 ATTACHMENT A

29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorn eys or the opportunity to seek such advice.

30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

31. Entire Agreement, Integration, and Modification.

31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

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

32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 ATTACHMENT A

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 S ervices, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other

ATTACHMENT A
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 S ervices 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 member s 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 s ubcontractors 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 – G TC, 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
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. Pe
rsonnel

6.1 N
one 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 C
ontractor 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 resul t of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6.3 K
ey 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 p ersonnel" 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 k ey personnel is found in Exhibit A, Scope of Services.

7. Re
ports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement , the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.

ATTACHMENT A

8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City . Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.

9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement , in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.

10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.

Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.

11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.

ATTACHMENT A

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 $100,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

1.2 Standard Reimbursable Items : Only the reimbursable items identified in Exhibit A , C, and D ( Compensation), shall be compensated to the Contractor .

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The C ity shall not pay a markup on any of the items listed in i, ii or iii .

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:

i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost.

ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost.

iii. Travel expenses shall be reimbursed in accordance with the C ity’s travel policy, which is incorporated herein by reference.

Reimbursement shall be made at actual costs with no markup added to the actual cost.

1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.

Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

ATTACHMENT A

1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor ’s invoices previously submitted for acceptable work performed and approved.

1.5 Subcontractor Costs: Compensation for sub contractors shall be limited to the same restrictions imposed on the Contractor . Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed 0%.

2. Task Price . Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Description Task Price
Class A Tow $235.59
Class B Tow $305.54
Class C Tow $641.77
Class D Tow $641.89
Lowboy Tow $278.99
Rotator Tow $743.90
Nuisance Vehicle $117.80
Gate Fee $130.25
Inside Storage $86.83
Outside Storage $75.73
Inside Storage (over 25 feet) $130.25
Outside Storage (over 25 feet) $113.61

2.1 A 5% increase in tow and storage fees per fiscal year.

3. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:

City of Stockton Police Department
Attention: Fiscal Affairs
22 E. Weber Ave., Fourth Floor
Stockton, CA 95202

ATTACHMENT A

EXHIBIT F
TIME
LINE

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

1.1 TIMELINE FOR COMPLETION OF WORK

1.1.1 Operator shall complete all tasks specified in this Agreement on an as- needed basis as requested by the City.

ATTACHMENT A
City of Stockton
Legislation Text
File #: 25-1063, Version: 2
APPROVE MOTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 5 FOR PARKS

MAINTENANCE AND JANITORIAL PROJECT

RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Contract Change Order No. 5, in the amount of $391,082.06, with Al Fresco Landscaping, Inc. of Hollister, CA, for the Parks Maintenance and Janitorial , Project No. OM-23-039.

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

Summary
On January 23, 2024, by Resolution No. 2024-01-23-1208, Council awarded a three-year Service Contract, in the amount of $14,615,857.59, to Al Fresco Landscaping, Inc. of Hollister, CA, for the Parks Maintenance and Janitorial, Project No. OM-23-039.

To date, the City Manager has administratively approved four Contract Change Orders (CCOs). The CCOs were needed to provide service restoration, maintenance needs, funding for future parks, and the maintenance of Harmony Park and sections of East Bay Municipal Utility District (EBMUD).

Council approval is required for CCO No. 5, in the amount of $391,082.06, with Al Fresco Landscaping, Inc., to add additional park maintenance and janitorial services at Inspiration Park and Fong Park Phase II. CCO No. 5 will also provide additional funding for homeless cleanups in City parks. CCO No. 5 is required as the cumulative amount of CCO Nos. 1 through 5 will exceed the administrative change order authority allowed under the existing contract.

It is recommended that Council approve a motion to authorize CCO No.5, in the amount of $391,082.06, with Al Fresco Landscaping, Inc. for the Parks Maintenance and Janitorial, Project No.

OM-23-039 (Attachment A). The revised contract amount will be $16,271,991.45.

DISCUSSION
Background
Public Works is responsible for managing the maintenance and janitorial services at City parks.

These services are provided through a contract with Al Fresco Landscaping, Inc. to provide landscaping and cleaning services.

On January 23, 2024, by Resolution No. 2024-01-23-1208, Council awarded a three-year Service City of Stockton Printed on 10/30/2025Page 1 of 2
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File #: 25-1063, Version: 2
Contract, in the amount of $14,615,857.59, to Al Fresco Landscaping, Inc. for park maintenance and janitorial services at City parks. The Service Contract allowed for two optional one-year extensions.

CCO Nos. 1 through 4 in the amount of $1,265,051.80, were previously approved under the administrative change order authority allowed under the existing contract. The previously approved CCOs were needed to restore services, increase and decrease maintenance areas, include maintenance of future parks, and the maintenance of Harmony Park and sections of EBMUD.

Present Situation
Council approval is required for CCO No. 5, in the amount of $391,082.06, to add additional park maintenance and janitorial services at Inspiration Park and Fong Park Phase II. CCO No. 5 is required as the cumulative amount of CCO Nos. 1 through 5 will exceed the administrative change order authority allowed under the existing contract. When the contract was awarded to Al Fresco Landscaping, Inc., Inspiration Park and Fong Park Phase II had not been developed. Both parks will be funded through their respective Landscape Maintenance Districts.

Fong Park Phase II, located near Tiamo Way, will develop the remaining two acres. Inspiration Park, located at Westlake Drive and Scott Creek Drive, will develop approximately 10.2 acres. The parks are anticipated to be completed towards the end of 2025. CCO No. 5 will also add funding for incidentals and as-needed repairs at Inspiration Park. In addition to the maintenance of the new parks, CCO No. 5 will provide funding to continue with homeless cleanups in City parks.

It is recommended that Council approve a motion to authorize CCO No. 5, in the amount of $391,082.06, with Al Fresco Landscaping, Inc. for the Parks Maintenance and Janitorial, Project No.

OM-23-039 (Attachment A). The revised contract amount will be $16,271,991.45.

FINANCIAL SUMMARY
The Service Contract with Al Fresco Landscaping, Inc. for Parks Maintenance and Janitorial, Project No. OM-23-039, is encumbered on a fiscal year basis. Funding for these services has been allocated in the Public Works Parks General Fund, Blossom Ranch Landscape Maintenance District Fund, Hunter Ridge Landscape Maintenance Fund, and Westlake Villages Landscape Maintenance Fund operating budgets for Fiscal Year 2025-26.

Attachment A - CCO No. 5 with Al Fresco Landscaping, Inc.

City of Stockton Printed on 10/30/2025Page 2 of 2
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CITY OF STOCKTON Page 1 of2
September 16, 2025
Contract Change Order No.: __ ___,;5;;_... ____ _
Resolution/Motion No. --=20=2;;;;.4.a..-0..;;..;;.1-..;;;2=3_-1.;;..:;2;;.;;0;..;:8 __ _ Contract No. __ ..:.4=24=0:a.;:0;..;:0=3=6..a.1 __ Contract# (ff not required erLer "NIA 'J
OM-23-039 - PARKS MAINTENANCE AND JANITORIAL
Project Number I Project Name I Activity
Original Contract Price $ 14,615,857.59
Aooroved ChanQe Order Total $ 1,265,051.80
This Change Order $ 391,082.06
Revised Contract Price $ 16,271,991.45
TO Al Fresco Landscaping, Inc. (Contractor> You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications of this contract.

Additional Work Perfonned for the Above-Referenced Project THIS CHANGE ORDER PROVIDES FOR:

See Attached
We, the t.rdersigned contractor, have given careful consideration to the change proposed and hereby agree. if this proposal is approved, that we will provide aH equipment. furnish all materials, except as may otherwise be noted above. and perform an services necessa,y for the work above specified, and will accept as fun payment therefore the prices shown above.

By reason of this proposed change, Q days extension of time will be aHowed.

Accepted Date __ q:..-,/--4,....,lo�/...:.:aQa�"'-'"'5"------ Al Fresco Landscaping, Inc.

By \h,j. 1 R.J , ✓ AM _p�
rrtte._....;..Vi.....::.t_111_,;___,R ....... r ..... R-�'-'-' ""'d..,..ecc1..E .!..Ld:::: _____ _ Note: This contract change order is not effactive until approved by the Cl Mana or.

APPROVED AS TO FORM & CONTENT:

OFFICE OF THE CITY ATTORNEY
BY _________ _
Date: ________ _
ATTEST:

KATHERINE ROLAND. CPM. CPMC
CITY CLERK OF 11-IE CITY OF S
T
OCKTON
Fuly £acuted FOffll llaulflw: Original to City Cleftc; Copy to Vendor '"""""AX""'ullng
--
�
_,._ _____ Date:1lnlzs-
Submitted by: Colin Scott, Parks Manager
______________ Date: ____ _
Approval by: Nguyet Pham. Department Finance Officer
�� Date: 'i(11fz.s-
Approval by: .X----
Rosa Alvarez, Deputy R,bll: Works Director
Approval Recommended by:
=----=-==---:-=--=-�--.,.,....---c---Da.te:. ____ _
ChBd Reed. Deputy City Manager I Interim Public Worlrs Director Cllange Order Approved By:

Date: ____ _
MU Cniw, Ac1lttfl City

ATTACHMENT A
CITY OF STOCKTON Page 2 of 2
September 16, 2025
Fully Executed Form Routing: Original to City Clerk; Copy to Vendor Contract Change Order No.: 5
Resolution/Motion No. _ 2024-01-23-1208 Contract No. 424000361 ( If not required enter “N/A”) Contract #
OM-23-039 – PARKS MAINTENANCE AND JANITORIAL
Project Number / Project Name / Activity
Increase of Work at Agreed Unit Price:

A. Mai
ntenance of Fong Park Phase II - $31,650.00 increase.

The contractor shall increase the area maintained by approximately 2 acres from 5 acres for a total of 7 acres and provide services in accordance with all specifications, including March and October weekly mowing, aeration, fertilization, and broadleaf treatment for $2,110.00 per month. • I
ncreased maintenance cost for 10/1/2025-12/31/2025 is $6,330.00 • Increased maintenance cost for 1/1/2026-12/31/2026 is $25,320.00 B. Mai
ntenance of Inspiration Park - $113,432.06 increase.

The contractor shall maintain the park in accordance with all specifications, including March and October weekly mowing, aeration, fertilization, and broadleaf treatment for $8,102.29 per month. • I
ncreased maintenance cost for 11/1/2025-12/31/2025 is $16,204.58 • Increased maintenance cost for 1/1/2026-12/31/2026 is $97,227.48 I
ncreased Incidentals:

C. A
llowance for as-needed repairs of Inspiration Park - $6,000.00 increase.

T
he contractor shall make repairs in accordance with sections 9-5 and 9-5.1 of the contract. • I
ncreased maintenance cost for 11/1/2025-12/31/2025 is $2,000.00 • Increased maintenance cost for 1/1/2026-12/31/2026 is $4,000.00 D. A
llowance for incidentals related to trash clean up in parks - $240,000.00 increase.

T
he contractor shall clean up in accordance with sections 9-5 and 9-5.1 of the contract. • I
ncreased maintenance cost for 7/1/2025-12/31/2025 is $120,000.00 • Increased maintenance cost for 1/1/2026-12/31/2026 is $120,000.00 T
otal: $391,082.06

ATTACHMENT A
City of Stockton
Legislation Text
File #: 25-0908, Version: 1

APPROVE MOTION TO AUTHORIZE PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 12, AUTHORIZE PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 8, AND AUTHORIZE CONTRACT CHANGE ORDER NO. 26 FOR THE NEW CITY HALL RENOVATIONS

AND RELOCATION PROJECT

RECOMMENDATION
It is recommended that the City Council approve a motion to:

4. Authorize Contract Change Order No. 26 in the amount of $496,820.18 with Roebbelen Contracting, Inc. for construction of the New City Hall Renovations and Relocation, Project No.

E016015.

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

Summary
The project is in the process of renovating two five-story buildings (one building includes a basement) including on- and off-site improvements. Upon completion, the majority of City departments will be relocated into the buildings. The project was included in the 2018-23, 2019-24, 2020-25, and 2021- 26 Five-Year Capital Improvement Plans (CIPs).

On December 17, 2019, by Motion No. 2019-12-17-1108, Council awarded a Professional Services Contract in the amount of $1,392,900 to Indigo | Hammond + Playle Architects, LLP (Indigo) of Davis, CA, for architectural design and engineering/construction drawings for Tenant Improvements to the Waterfront Towers for the Relocation of City Hall project.

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On November 16, 2021, by Resolution No. 2021-11-16-1205, Council awarded a Professional Services Contract in the amount of $722,000 to Griffin Structures, Inc. (Griffin) of Santa Clara, CA, for construction management services for the New City Hall Renovations and Relocation, Project No.

E016015.

On May 3, 2022, by Resolution No. 2022-05-03-0902, Council awarded a Construction Contract in the amount of $42,348,123 to Roebbelen Contracting, Inc. (Roebbelen) of El Dorado Hills, CA, for construction of the New City Hall Renovations and Relocation, Project No. E016015.

On June 18, 2024, by Resolution No. 2024-06-18-1218, Council awarded a Construction Contract in the amount of $4,401,044.10 to DSS Company dba Knife River Construction (Knife River) of Stockton, CA, for construction of the Stockton City Hall Parking Lot, Project No. E016015-A.

The project is approximately 90 percent complete. Additional services are required from Indigo, Griffin, Knife River, and Roebbelen to complete and closeout the project. It is recommended that Council approve a motion to authorize Professional Services Contract Amendment No. 12 in the amount of $186,000 with Indigo for continued architectural support to complete the project. To date, 11 Professional Services Contract Amendments totaling $4,369,233 have been approved with Indigo.

Upon approval of Professional Services Contract Amendment No. 12, the revised total contract amount will be $5,948,133.

It is also recommended that Council approve a motion to authorize Professional Services Contract Amendment No. 8 in the amount of $400,000 with Griffin to continue managing daily construction activities through completion of the project. To date, seven Professional Services Contract Amendments totaling $1,769,761 have been approved with Griffin. Upon approval of Professional Services Contract Amendment No. 8, the revised total contract amount will be $2,891,761.

It is also recommended that Council approve a motion to authorize an anticipated Contract Change Order (CCO) in the amount not to exceed $80,000 with Knife River for additional electrical site work, security access, irrigation and planting, and closeout of the project. To date, two CCOs totaling $539,841.92 have been approved with Knife River. Upon approval of Balancing CCO No. 3 in the not to exceed amount of $80,000, the revised total contract amount will be $5,020,886.02.

It is further recommended that Council approve a motion to authorize CCO No. 26 in the amount of $496,820.18 with Roebbelen for floorplan revisions, temporary elevator related work, as well as various courtyard, restroom, lighting, and access door items. To date, 25 CCOs totaling $14,231,317.28 have been approved with Roebbelen. Upon approval of CCO No. 26, the revised total contract amount will be $57,076,260.46.

Council approval is required, as each of these amendments or CCO exceed the administrative authority for amendments or CCOs. Upon Council approval of the recommended amendments or CCO, the administrative authority will be reset, providing the City Manager with authority to approve future amendments or CCOs up to the new calculated limits. The recommended actions do not increase the project budget.

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DISCUSSION
Background
The project site is located at 501 and 509 West Weber Avenue, at the northwest corner of Weber Avenue and Lincoln Street (Attachment A). The project is in the process of renovating two five-story buildings (one building includes a basement) including on- and off-site improvements. Upon completion, the majority of City departments will be relocated into the buildings. The project was included in the 2018-23, 2019-24, 2020-25, and 2021-26 Five-Year CIPs and funded by multiple funding sources.

On December 17, 2019, by Motion No. 2019-12-17-1108, Council awarded a Professional Services Contract in the amount of $1,392,900 to Indigo of Davis, CA, for architectural design and engineering/construction drawings for Tenant Improvements to the Waterfront Towers for the Relocation of City Hall project.

Professional Services Contract Amendments Nos. 1 through 11 with Indigo were previously approved for various changes needed during the design and construction phases. In the construction phase, the architect plays an integral role in providing design support. Building remodel projects of this size and complexity often experience unforeseen site conditions that require a team approach to resolve.

The contractor, architect, and construction management staff all collaborate to resolve construction issues. The architect is required to respond to requests for information from the contractor because they are the architect of record. Construction issues often require input from the architect, or modification to the original design to address field conditions. While these issues are expected to decrease as the project progresses, the volume of changes on a project of this size require constant attention. The project is nearing completion and Professional Services Contract Amendment No. 12 with Indio is necessary to continue architectural support through completion and closeout of the project.

On November 16, 2021, by Resolution No. 2021-11-16-1205, Council awarded a Professional Services Contract in the amount of $722,000 to Griffin of Santa Clara, CA, for construction management services for the New City Hall Renovations and Relocation, Project No. E016015.

Professional Services Contract Amendments Nos. 1 through 7 with Griffin were previously approved for additional enhanced scheduling, material testing, handling of field changes and material supply chain issues, utilities coordination, and other project issues that extended the time needed to complete the project. Griffin provides the day-to-day inspection, oversight, reporting and other contract management duties. Professional Services Contract Amendment No. 8 with Griffin is necessary to continue managing daily construction activities through completion and closeout of the project.

On May 3, 2022, by Resolution No. 2022-05-03-0902, Council awarded a Construction Contract in the amount of $42,348,123 to Roebbelen of El Dorado Hills, CA, for construction of the New City Hall Renovations and Relocation, Project No. E016015. CCO Nos. 1 through 25 with Roebbelen were previously approved to accommodate unforeseen circumstances, upgrading building systems to current building code requirements, and additional work requested by the City. These types of changes are common in a building re-model project. CCO No. 26 with Roebbelen is necessary for floorplan revisions, temporary elevator related work, as well as various courtyard, restroom, lighting, City of Stockton Printed on 10/30/2025Page 3 of 5
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and access door items to address additional changes to the project that are occurring as the project reaches the end of construction and closeout.

On June 18, 2024, by Resolution No. 2024-06-18-1218, Council awarded a Construction Contract in the amount of $4,401,044.10 to Knife River of Stockton, CA, for construction of the Stockton City Hall Parking Lot, Project No. E016015-A. CCO Nos. 1 and 2 with Knife River were previously approved for off-site paving work, upgrading electrical due to vandalism, storm drain modifications, and other unforeseen site issues. The anticipated CCO with Knife River is for additional electrical site work, security access, irrigation and planting, and closeout of the project.

Present Situation
Indigo has submitted Professional Services Contract Amendment No. 12 in the amount of $186,000 to provide continuing architectural support and direction to the contractor with design modifications resulting from ongoing field changes. It is recommended that Council approve a motion to authorize Professional Services Contract Amendment No. 12 in the amount of $186,000 with Indigo for design support during construction for the New City Hall Renovations and Relocation, Project No. E016015.

The additional services will enable Indigo to support the project through completion and closeout of the project. To date, 11 Professional Services Contract Amendments totaling $4,369,233 have been approved with Indigo. Upon approval of Professional Services Contract Amendment No. 12, the revised total contract amount will be $5,948,133 (Attachment B).

Griffin has submitted Professional Services Contract Amendment No. 8 in the amount of $400,000 to provide construction management services to complete and closeout the project. It is recommended that Council approve a motion to authorize Professional Services Contract Amendment No. 8 in the amount of $400,000 with Griffin for construction management services for the New City Hall Renovations and Relocation, Project No. E016015. To date, seven Professional Services Contract Amendments totaling $1,769,761 have been approved with Griffin. Upon approval of Professional Services Contract Amendment No. 8, the revised total contract amount will be $2,891,761 (Attachment C).

Knife River is anticipating Balancing CCO No. 3 in the not to exceed amount of $80,000 for additional electrical site work, security access, irrigation and planting, and closeout of the project. It is recommended that Council approve a motion to authorize Balancing CCO No. 3 in the amount not to exceed $80,000 with Knife River for construction of the Stockton City Hall Parking Lot, Project No.

E016015-A. To date, two CCOs totaling $539,841.92 have been approved with Knife River. Upon approval of the Balancing CCO No. 3 in the not to exceed amount of $80,000, the revised total contract amount will be $5,020,886.02.

Roebbelen has submitted CCO No. 26 in the amount of $496,820.18 for remaining floorplan revisions, temporary elevator related work, as well as various courtyard, restroom, lighting and access door items. It is recommended that Council approve a motion to authorize CCO No. 26 in the amount of $496,820.18 with Roebbelen for construction of the New City Hall Renovations and Relocation, Project No. E016015. To date, 25 CCOs totaling $14,231,317.28 have been approved with Roebbelen. Upon approval of CCO No. 26, the revised total contract amount will be $57,076,260.46 (Attachment D). The project construction is approximately 90 percent complete and is expected to be completed in fall of 2025.

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Council approval is required, as each of these amendments or CCO exceed the administrative authority for amendments or CCOs. The recommended actions do not increase the project budget.

FINANCIAL SUMMARY
There is sufficient funding in the Tenant Improvements to the Waterfront Towers for the New City Hall Renovations and Relocation, Project No. E016015 (formerly PW1615), Account No. 4510-418- 800007-300-000-000-30-45-000-000, to authorize Professional Services Contract Amendment No. 12 in the amount of $186,000 with Indigo. Upon approval of Professional Services Contract Amendment No. 12, the revised total contract amount with Indigo is increased to $5,948,133.

There is sufficient funding in the New City Hall Renovations and Relocation, Project No. E016015 (formerly PW1615), Account No. 4510-418-800007-300-000-000-30-45-000-000, to authorize Professional Services Contract Amendment No. 8 in the amount of $400,000 with Griffin. Upon approval of Professional Services Contract Amendment No. 8, the revised total contract amount with Griffin is increased to $2,891,761.

There is sufficient funding in the Stockton City Hall Parking Lot, Project No. E016015-A, Account No. 4510-418-800007-300-000-30-45-000-000, to approve an anticipated CCO in the amount not to exceed $80,000 with Knife River. Upon approval of Balancing CCO No. 3, the revised total contract amount with Knife River is increased to $5,020,886.02
There is sufficient funding in the New City Hall Renovations and Relocation, Project No. E016015 (formerly PW1615), Account No. 4510-418-800007-300-000-30-45-000-000, to approve CCO No. 26 in the amount of $496,820.18 with Roebbelen. Upon approval of CCO No. 26, the revised total contract amount with Roebbelen is increased to $57,076,260.46.

Attachment A - Vicinity Map
Attachment B - Professional Services Contract Amendment No. 12 with Indigo Attachment C - Professional Services Contract Amendment No. 8 with Griffin Attachment D - CCO No. 26 with Roebbelen
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CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT Agreement Number: Amendment Number:
2019-12-17-1108 12
419000420
This Amendment Number 12 to the above referenced Agreement is entered into on __________ _ between the City of Stockton ("City") and Indigo, Hammond + Playle Architects, LLP ("Consultant") for the Tenant Improvements to the Waterfront Towers for the Relocation of City Hall, Project No. E016015, formerly Project No. PW1615. "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 Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $186,000 to pay the Consultant for design construction support services; and
Now therefore, the City and the Consultant mutually agree as follows:

The maximum not to exceed amount to be paid to the Consultant, including if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, is amended to $5,948,133.

1. City shall pay Consultant for additional services outlined in Exhibit A of 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.

CONSULTANT
INDIGO HAMMOND+ PLAYLE ARCHITECTS, LLP
e (if other han an individual, state whether a corporation, partnership, etc.):
9/2-r 2-S
Printed Name and Title of Persdn Signing
q 0� � St"". �-,,.,.Jc.� c,4,-.. 456.Lf.

Address
Will Crew, Acting City Manager
ATTEST:

Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney
BY:
(Rev. 02.13.25)

CITY OF STOCKTON
1 Date
Date

ATTACHMENT B
July 3
1, 2025
Jos
h Lewis, P.E., Project Manager
City of Stockton
Public Works Dept.
22 E. Weber Ave, Room 301
Stockton, CA 95202
Re: Amendment No. 12 – Add Construction Administration services, Tenant Improvement to the Waterfront Towers for the Relocation of City Hall, Stockton, CA, PUR 18-016 Dear Josh,
Thi
s amendment is for a City-requested change in the scope of work for the project since execution of the original Phase II contract dated 12/17/19, and through Amendment No. 11. All terms and conditions of the original agreement and all prior amendments remain in full force and effect. This proposal has been revised in accordance with your request.

Inc
luded are background, description of change in the scope of services, any change in contract time and cost. The term Consultant or Indigo where used in this amendment has the same meaning as Contractor in the original agreement, which refers to consultant Indigo and its various engineering team members.

The term Contractor where used in this amendment refers to the licensed building Contractor the City has hired to construct the project.

Background
Foll
owing change of service work is added by this Amendment No. 12. • Cit
y has requested that Indigo and its engineering and other subconsultants continue to provide construction support services for an extended duration, beyond the increased fee provided by Amendment No. 11, and in recognition of the timeline extension provided by Amendment No. 10.

Change to Scope:

These services are not part of the original scope of the project or prior amendment, but have become necessary to complete the design and construction of the project. Additional work includes:

1. The
additional fee provided by Amendment No. 11 will have been utilized by end of September.

Yet, additional design construction support services will then remain, including final inspection and closeout of each building separately, RFI response and ASI preparations, and construction of the guard booth and trash enclosure and secure entry gate by a separate contractor to name a few.

Changes to Contract Time:

No c
hange this amendment, current contract termination date is July 31, 2026 per Amendment No. 10.

ATTACHMENT B

J
osh Lewis, P.E.

July 31, 2025

Page 2 ends

City Council and Concurrent AuthoritiesNovember 4, 2025

City Council and Concurrent Authorities
November 4, 2025