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
Tuesday, December 9, 2025 4:00 PM
Closed Session 4:00 PM :: Regular Session 5:30 PM
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 25-1294 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: 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: City Attorney
3.2 25-1364 CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE
TO LITIGATION
Number of Cases: Three
The City is in receipt of information concerning facts and circumstances that might result in litigation against the City which are known to a potential City of Stockton Page 1 Printed on 12/4/2025
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plaintiff and that pertain to potential employment-related claims by the potential plaintiff against the City.
This Closed Session is authorized pursuant to section 54956.9, subd. (d) (2), (e)(2) of the Government Code.
Department: City Attorney
4. CLOSED SESSION PUBLIC COMMENT
5. RECESS TO CLOSED SESSION
6. REGULAR SESSION CALL TO ORDER/ROLL CALL
7. INVOCATION/PLEDGE TO FLAG
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
9. ADDITIONS TO REGULAR SESSION AGENDA***
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 25-1378 PROCLAMATION: HONORING THE 350TH ANNIVERSARY OF THE
MARTYRDOM OF GURU TEGH BAHADUR
Department: Office of the Mayor
10.2 25-1379 CERTIFICATE: KIPP STOCKTON MIDDLE SCHOOL CLASS -
CHARGE INTO FIRE SAFETY - LITHIUM-ION BATTERIES IN YOUR
HOME - CONTEST WINNERS
Department: Office of the Mayor
11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
12. CONSENT AGENDA
12.1 25-1366 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meetings of October 14, 2025, October 15, 2025, October 16, 2025, November 12, 2025, November 18, 2025
Department: City Clerk
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Attachment A - 2025-10-14
Attachment B - 2025-10-15
Attachment C – 2025-10-16
Attachment D – 2025-11-12
Attachment E – 2025-11-18
Attachments:
12.2 25-1285 APPROVE MOTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 2 FOR STATE LEGISLATIVE CONSULTING AND ADVOCACY
CONTRACT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Contract Change Order No. 2, in the amount of $114,888.00, with Kyra Emanuels Ross (formerly Emanuels Jones & Associates), for State Legislative Consulting and Advocacy Services.
It is also recommended that the City Manager, or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: City Manager
Attachments: Attachment A - CCO No. 2
12.3 25-1375 ADOPT AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.94 OF
THE STOCKTON MUNICIPAL CODE REGARDING THE STOCKTON
ARTS COMMISSION TO REDUCE COMMISSION MEMBERSHIP SIZE
Recommended Action: RECOMMENDATION
It is recommended that the City Council:
1. Adopt an Ordinance amending Title 2, Chapter 2.94 of the Stockton Municipal Code (SMC) relating to the Stockton Arts Commission to reduce the Commission membership size from fifteen (15) members to seven (7) members; and
2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.
Department: Community Services
Attachment A - Stockton Arts Ordinance - Redline
Proposed Ordinance - Stockton Arts Commission
Attachments:
12.4 25-1302 APPROVE FINDINGS AND AWARD A FIVE-YEAR CONTRACT TO
AQUEOUS VETS, LLC FOR THE PURCHASE OF ION EXCHANGE
RESIN AND MEDIA EXCHANGE SERVICES
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code Section 3.68.070 which support and justify an exception to the competitive bidding process.
2. Award a five-year contract in the not-to-exceed amount of $1,513,567.59 to AqueoUS Vets, LLC of Redding, CA for ion exchange resin and media exchange services. (Exhibit 1 to the Resolution).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - Contract
Attachments:
12.5 25-1304 APPROVE CONTRACT AMENDMENT NO. 7 WITH
ROBERTSON-BRYAN, INC. FOR PROJECT MANAGEMENT
SERVICES FOR THE REGIONAL WASTEWATER CONTROL
FACILITY MODIFICATIONS PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Contract Amendment No. 7 with Robertson-Bryan, Inc., of Elk Grove, CA.
This amendment, in the amount of $311,533, extends the contract for professional engineering services necessary to complete the Regional Wastewater Control Facility (RWCF) Modifications Project.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Municipal Utilities
Attachments: Attachment A - Contract Amendment No. 7
12.6 25-1328
APPROVE FINDINGS AND AUTHORIZE THE PURCHASE OF
MEMBRANE FILTERS FROM FILMTEC CORPORATION FOR THE
DELTA WATER TREATMENT PLANT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code Section 3.68.070 which support and justify an exception to the competitive bidding process.
2. Authorize the purchase of membrane filters from FilmTec Corporation for $549,575.66.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - FilmTec Corporation Quote
Attachments:
12.7 25-1238 ADOPT A RESOLUTION OF INTENTION TO ANNEX TERRITORY
AND TO FORM A NEW ZONE IN THE STOCKTON CONSOLIDATED
STORM DRAINAGE MAINTENANCE ASSESSMENT DISTRICT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a Resolution of Intention to:
1. Provide intent to annex territory to a Municipal Improvement District and to form the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1, Verona Estates, Zone 16, to maintain and operate storm drainage improvements.
2. Specify that the public interest would be served by establishing the Zone and levying annual assessments for the costs to maintain and operate the storm drainage improvements.
3. Preliminarily approve the Engineer's Report (Attachment A), approve a proposed boundary map and appoint the Engineer of Work.
4. Set the Public Hearing date on February 3, 2026, and direct the City Clerk to mail public notice to the affected property owners by December 19, 2025, at least forty-five days before the hearing date.
It is also recommended that the City Manager be authorized to take appropriate and necessary action to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
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Attachment A - Engineer's Report
Attachment B - Location Map
Attachment C - District 2005-1
Proposed Resolution
Exhibit 1
Attachments:
12.8 25-1264 ADOPT A RESOLUTION TO APPROVE FINDINGS AND AWARD A CONTRACT TO HUBER TECHNOLOGY INC. FOR MATERIALS,
ON-CALL REPAIR, AND MAINTENANCE SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Authorize a five-year contract with a not-to-exceed amount of $500,000 with Huber Technology Inc. of Denver, NC, for materials, on-call repair, and maintenance services (Exhibit 1 to the Resolution).
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Proposed Resolution
Exhibit 1
Attachments:
12.9 25-1342 APPROVE FINDINGS AND A MOTION TO EXECUTE A STANDARD
AGREEMENT WITH EPIC PRODUCTIONS OF PHOENIX, LLC, IN AN
AMOUNT NOT TO EXCEED $88,000
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code (SMC) �3.68.070 supporting an exception to the competitive bidding process (sole source) for online recruiting services; and
2. Authorize the City Manager to execute a one-year Professional Services Agreement (PSA) with Epic Productions of Phoenix, LLC, in an amount not to exceed $88,000. (Attachment A).
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
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Attachment A - Standard Agreement
Attachment B - Epic Quote
Attachments:
12.10 25-1343 APPROVE MOTION TO EXECUTE A THREE-YEAR
COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT WITH
MILLER MENDEL, INC. FOR BACKGROUND INVESTIGATIONS
SOFTWARE IN AN AMOUNT NOT TO EXCEED $171,574
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process; and
2. Authorize the City Manager to execute a three-year
Cooperative/Piggyback Purchase Agreement between the City of Stockton and Miller Mendel, Inc., for background investigations software not to exceed $171,574.
It is further recommended that the City Manager be authorized and directed to make any and all expenditures and appropriations on behalf of the City as appropriate and necessary to carry out the purpose and intent of this motion.
Department: Police
Attachments: Attachment A - eSoph Miller Mendel PiggyBack Agmt
12.11 25-1268 APPROVE MOTION TO AUTHORIZE A COOPERATIVE PURCHASE
AGREEMENT FOR CITYWIDE SIEMENS HVAC CONTROLS
SOFTWARE SERVICES, AND DELTA WATER TREATMENT PLANT
BUILDING AUTOMATION SYSTEM UPGRADE PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Approve the use of a Cooperative Purchase Agreement through Omnia Partners, Contract No. 2023003490, with Siemens Industry, Inc., in the not to exceed amount of $115,767.77, for Citywide Siemens HVAC Controls Software Services, Project No. OM-26-010.
3. Approve the use of a Cooperative Purchase Agreement through Omnia Partners, Contract No. 2023003490, with Siemens Industry, Inc., in the not to exceed amount of $491,498.28, for Delta Water Treatment Plant Building Automation System Upgrade, Project No. OM-26-009.
4. Authorize the City Manager to execute a three-year Cooperative Purchase Agreement with Siemens Industry, Inc., in the not to exceed amount of $607,266.05, for Citywide Siemens HVAC Controls Software Services, Project No. OM-26-010, and Delta Water Treatment Plant Building Automation System Upgrade, Project No. OM-26-009.
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
Attachments: Attachment A - Cooperative Purchase Agreement
12.12 25-1273 APPROVE MOTION TO AUTHORIZE STANDARD AGREEMENT AMENDMENT NO. 2 FOR TREE MAINTENANCE SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code 3.68.070 in support of an exception to the competitive bidding process.
2. Authorize the City Manager to execute Standard Agreement Amendment No. 2 to the Cooperative/Piggyback Purchase Agreement, in the amount of $990,000, through the City of Tracy's Contract No. 23-177, with West Coast Arborists, Inc. of Anaheim, CA, for the Tree Maintenance Services Piggyback, Project No. OM-25-060.
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
Attachments: Attachment A - Tree Maintenance Services Piggyback
12.13 25-1243 ADOPT RESOLUTION TO AUTHORIZE THE CANNERY PARK (2.7 City of Stockton Page 8 Printed on 12/4/2025
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ACRES) PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Transfer funds in the amount of $1,068,458.36 from the Oakmore and Montego Park, Project No. WP13254, to the Cannery Park (2.7 Acres), Project No. WP13270.
2. Transfer funds in the amount of $772,542 from the Fong Park Phase II, Project No. WP13207, to the Cannery Park (2.7 Acres), Project No.
WP13270.
3. Transfer funds in the amount of $763,631 from the Equinoa Park, Project No. WP13173, to the Cannery Park (2.7 Acres), Project No. WP13270.
4. Transfer funds in the amount of $409,769.70 from the Cannery Park (7.48 Acres), Project No. WP22013, to the Cannery Park (2.7 Acres), Project No. WP13270.
5. Transfer funds in the amount of $200,000 from the Victory Park Pool, Project No. CR18020, to the Cannery Park (2.7 Acres), Project No.
WP13270.
6. Appropriate funds in the amount of $300,000 from the Public Facility Fee Parkland Fund Balance to the Cannery Park (2.7 Acres), Project No.
WP13270.
7. Approve Notice of Exemption No. NOE13-23 under the California Environmental Quality Act for the Cannery Park (2.7 Acres), Project No.
WP13270.
8. Approve the plans and specifications for the Cannery Park (2.7 Acres), Project No. WP13270.
9. Award a Construction Contract in the amount of $3,000,000 to Abide Builders, Inc. of West Sacramento, CA, for the Cannery Park (2.7 Acres), Project No. WP13270.
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 - Notice of Exemption 13-23
Exhibit 2 - Construction Contract - CWTA (5)
Attachments:
12.14 25-1257 ADOPT RESOLUTION TO AUTHORIZE THE HARDING WAY
LEFT-TURN POCKETS PROJECT
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Appropriate State Highway Safety Improvement Program funds in the amount of $146,340 to the Harding Way Left-Turn Pockets, Project No.
WT22046/State Project No. HSIPSL-5008(195).
2. Appropriate $452,000 from the Public Facilities Fee Traffic Signal Fund Balance to the Harding Way Left-Turn Pockets, Project No.
WT22046/State Project No. HSIPSL-5008(195).
3. Appropriate $260,167 from the Public Facilities Fee Air Quality Fund Balance to the Harding Way Left-Turn Pockets, Project No.
WT22046/State Project No. HSIPSL-5008(195).
4. Approve the Notice of Exemption No. NOE50-24 under the California Environmental Quality Act for the Harding Way Left-Turn Pockets, Project No. WT22046/State Project No. HSIPSL-5008(195).
5. Approve the plans and specifications for the Harding Way Left-Turn Pockets, Project No. WT22046/State Project No. HSIPSL-5008(195).
6. Award a Construction Contract in the amount of $1,519,552 to Dirt Dynasty, Inc. of Farmington, CA, for the Harding Way Left-Turn Pockets, Project No. WT22046/State Project No. HSIPSL-5008(195).
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 - Notice of Exemption
Exhibit 2 - Construction Contract
Attachments:
12.15 25-1128 APPROVE MOTION TO AUTHORIZE PROFESSIONAL SERVICES CONTRACT AMENDMENT NO. 3 FOR THE MORMON SLOUGH
SANITARY SEWER LINE REHABILITATION PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to authorize the City Manager to execute Professional Services Contract Amendment No. 3 in the amount of $92,000 with Kjeldsen, Sinnock & Neudeck, Inc. for additional design services and to extend the contract expiration date to June 30, 2027, for the Mormon Slough Sanitary Sewer Line Rehabilitation, Project No. UW18030.
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.
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Department: Public Works
Attachment A - Vicinity Map
Attachment B - Amendment No. 3
Attachments:
12.16 25-1111 APPROVE MOTION TO AMEND COOPERATIVE AGREEMENT WITH ROBERT HALF, INC.
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve a motion to amend the Cooperative Piggyback Agreement, Contract No. 21-1160, with Robert Half, Inc, to add additional funding in the amount of $230,000, with a total contract not to exceed amount of $770,000.
2. Approve findings pursuant to Stockton Municipal Code 3.68.070 in support of an exception to the competitive bidding process.
3. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Human Resources
Attachment A - Amendment No. 3 to the Agreement with Robert Half, Inc.
Attachment B – Agreement with Robert Half Inc.
Attachments:
12.17 25-1275 APPROVE A MOTION AWARDING A SERVICE AGREEMENT WITH MICHAEL BAKER INTERNATIONAL, INC. FOR ON-CALL PLANNING
PROFESSIONAL SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Award a three-year Service Agreement in the amount of $600,000 to Michael Baker International, Inc. (Attachment A) for on-call planning professional services; and
2. Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Department: Community Development
Attachments: Attachment A - Professional Services Agreement
12.18 25-1276 ACCEPTANCE OF THE QUARTERLY INVESTMENT REPORT FOR QUARTER ENDED SEPTEMBER 30, 2025
Recommended Action: RECOMMENDATION
It is recommended that the City Council, by motion, accept the Quarterly Investment Report for the quarter ending on September 30, 2025 Department: Administrative Services
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Attachment A - PFMAM Investment Report
Attachment B- Chandler Investment Report
Attachment C - Quarterly Investment Report Cert
Attachments:
12.19 25-1377 ADOPT A RESOLUTION APPOINTING A POSITION IN THE OFFICE
OF THE MAYOR
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution that:
1. Appoints one new employee to fill the vacant Mayoral Public Information Officer position in the Office of the Mayor; and
2. Authorizes the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of the resolution.
Department: Office of the Mayor
Attachment A - Redacted Resume - Jason Teramoto
Attachment B - Class Spec - Mayoral PIO
Proposed Resolution
Attachments:
12.20 25-1382 ADOPTION OF PROPOSED AMENDMENT TO CHAPTER 4.02 OF
THE COUNCIL POLICY MANUAL - AGENDAS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt the proposed amendment to Chapter 4.02 of the Council Policy Manual regarding Agendas.
Department: None
Attachment A - CPM 4.02 - redline
Proposed Resolution
Exhibit 1 - Council Policy Chapter 4.02
Attachments:
13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. HEARINGS**
15.1 25-1076 ADOPT A RESOLUTION APPROVING THE SAN JOAQUIN COUNTY
MULTI-SPECIES HABITAT CONSERVATION AND OPEN SPACE
PLAN 2026 DEVELOPMENT FEE SCHEDULE
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Recommended Action: RECOMMENDATION
It is recommended that the City Council:
1. Adopt a resolution approving the San Joaquin County Multi-Species Habitat Conservation and Open Space Plan 2026 Development Fee Schedule.
2. 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: Community Development
Attachment A - SJMSCP Staff Report
Attachment B - SJMSCP Compensation Zone Map
Attachment C - Regional Preserve Areas
Proposed Resolution
PPT - 15.1 - SJMSCP
Attachments:
16. NEW BUSINESS
16.1 25-1227 ACCEPT THE FISCAL YEAR 2024-25 SECOND AND THIRD
QUARTER BUDGET STATUS UPDATE AND AUTHORIZE BUDGET
AMENDMENTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Accept this budget status report on the unaudited results through the third quarter of Fiscal Year (FY) 2024-25.
2. Authorize the continuation of up to $12,233,179 in FY 2024-25 budget appropriations to FY 2025-26 for the completion of identified programs.
3. Authorize a FY 2024-25 budget amendment increasing expenditure and revenue appropriations in the Downtown Marina Fund by $86,350.
4. Authorize a FY 2024-25 budget amendment increasing expenditure and revenue appropriations in the Boat Launch Fund by $46,275.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of the resolution.
Department: Administrative Services
Attachment A - FY24-25 Second and Third Quarter - General Fund Attachment B - FY 2024-25 General Fund Second and Third Quarter Revenues Proposed Resolution
PPT - FY24-25 Second and Third Quarter Budget Update
Attachments:
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16.2 25-1296 SILVER LAKE FAMILY CAMP DISCUSSION AND NEXT STEPS Recommended Action: RECOMMENDATION
Receive an update on the Request for Information for the Stockton Municipal Family Camp at Silver Lake, and provide direction to staff.
Department: Community Services
Attachment A – PUR 26-017 Silver Lake Family Camp RFI (Final) Attachment B – Notice Inviting Request for Information
Attachments:
16.3 25-1380 DISCUSSION REGARDING THE POTENTIAL EXPANSION OF THE SCOPE OF THE WILD N’ OUT INVESTIGATION
Recommended Action: RECOMMENDATION
This item was placed on the agenda by the Mayor pursuant to Council Policy Section 4.02.010.
It is recommended that Council direct the City Attorney to:
1. Expand the existing scope of the Wild 'N Out Investigation to include a review of whether the Vice Mayor's failure to recuse himself from the discussion and vote regarding whether to initiate the Wild 'N Out Investigation is a violation of city or state law, including the Fair Political Practices Commission regulations.
2. Bring back completed results at the next available council meeting following completion of the investigation regarding the expanded scope.
3. If there are findings that support a violation(s), initiate litigation through the City Attorney's Office or refer to the appropriate external authority/entity.
Department: Office of the Mayor
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
1. INFORMATIONAL ITEMS
1.1 25-1362 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.
Department: City Clerk
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CICP 2025-07-23
PC 2025-07-10
PC 2025-08-28
Water 2025-07-10
Water 2025-08-14
Attachments:
CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on December 4, 2025 in compliance with the Brown Act.
Katherine Roland, CMC, CPMC
City Clerk
By: ________________________________
Deputy
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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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16 City Council and Concurrent December 9, 2025
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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Authorities
Meeting Agenda - Final
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18 City of Stockton
Legislation Text
File #: 25-1294, Version: 1
CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: 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.
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City of Stockton
Legislation Text
File #: 25-1364, Version: 1
CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE TO LITIGATION Number of Cases: Three
The City is in receipt of information concerning facts and circumstances that might result in litigation against the City which are known to a potential plaintiff and that pertain to potential employmentrelated claims by the potential plaintiff against the City.
This Closed Session is authorized pursuant to section 54956.9, subd. (d)(2), (e)(2) of the Government Code.
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City of Stockton
Legislation Text
File #: 25-1378, Version: 1
PROCLAMATION: HONORING THE 350TH ANNIVERSARY OF THE MARTYRDOM OF GURU
TEGH BAHADUR
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City of Stockton
Legislation Text
File #: 25-1379, Version: 1
CERTIFICATE: KIPP STOCKTON MIDDLE SCHOOL CLASS - CHARGE INTO FIRE SAFETY -
LITHIUM-ION BATTERIES IN YOUR HOME - CONTEST WINNERS
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City of Stockton
Legislation Text
File #: 25-1366, Version: 1
APPROVAL OF CITY COUNCIL MINUTES
RECOMMENDATION
Approve the minutes from the City Council meetings of October 14, 2025, October 15, 2025, October 16, 2025, November 12, 2025, November 18, 2025
Attachment A - 2025-10-14
Attachment B - 2025-10-15
Attachment C - 2025-10-16
Attachment D - 2025-11-12
Attachment E - 2025-11-18
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Attachment A
24 Attachment A
25 Attachment A
26 Attachment A
27 Attachment A
28 Attachment A
29 Attachment A
30 Attachment A
31 Attachment A
32 Attachment A
33 Attachment A
34 Attachment A
35 Attachment A
36 Attachment A
37 Attachment B
38 Attachment C
39 Attachment D
40 Attachment D
41 Attachment D
42 Attachment E
43 Attachment E
44 Attachment E
45 Attachment E
46 Attachment E
47 Attachment E
48 Attachment E
49 Attachment E
50 Attachment E
51 Attachment E
52 Attachment E
53 Attachment E
54 Attachment E
55 Attachment E
56 Attachment E
57 Attachment E
58 City of Stockton
Legislation Text
File #: 25-1285, Version: 1
APPROVE MOTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 2 FOR STATE
LEGISLATIVE CONSULTING AND ADVOCACY CONTRACT
RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Contract Change Order No. 2, in the amount of $114,888.00, with Kyra Emanuels Ross (formerly Emanuels Jones & Associates), for State Legislative Consulting and Advocacy Services.
It is also recommended that the City Manager, or designee, be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
On December 7, 2021, by Motion 2021-12-07-1201, the Stockton City Council awarded a three-year Professional Services Contract, in the amount of $315,900.00, to Emanuels Jones and Associates, of Sacramento, CA for State Legislative Consulting and Advocacy Services.
To date, the City Manager has administratively approved one Contract Change Order (CCO) under this contract. On January 1, 2025, CCO No. 1 was approved, exercising the option to extend the contract term for one year through a written amendment executed by both parties. The term of CCO No. 1 is January 1, 2025 - December 31, 2025, and the annual rate of $111,540 is covered under the compensation provision of the original contract allowing for negotiation based on the local Consumer Price Index (CPI).
Council approval is required for CCO No. 2, in the amount of $114,888. Council approval is required as the cumulative amount of CCO Nos. 1 and 2 will exceed the administrative change order authority allowed under the existing contract.
It is recommended that Council approve a motion to authorize CCO No. 2, in the amount of $114,888.00, with Kyra Emanuels Ross, for State Legislative Consulting and Advocacy Services (Attachment A). The annual rate for CCO No. 2 includes quarterly registration and filing fees of $75 with the Fair Political Practices Commission (FPPC), as mandated by the Lobbying Disclosure Act.
The revised contract amount will be $542,328.
DISCUSSION
Background
Maintaining a strong presence in Sacramento and Washington, DC is important to the City of Stockton to ensure that we receive funding, advance beneficial legislation and prevent adverse City of Stockton Page 1 of 2 Printed on 12/3/2025
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File #: 25-1285, Version: 1
legislation or rulemaking. This is most effectively done through the use of professional consulting services to represent the City in carrying out its Legislative Program and advocating its public policy positions, concerns, needs, and recommendations at the federal and state levels.
On December 7, 2021, by Motion 2021-12-07-1201, Council awarded a three-year Professional Services Contract, in the amount of $315,900.00, to Emanuels Jones and Associates, of Sacramento, CA for State Legislative Consulting and Advocacy Services. The Professional Services Contract allowed for two optional one-year extensions.
On November 24, 2024, CCO No. 1, in the amount of $111,540.00, was approved under the administrative change order authority allowed under the existing contract.
Present Situation
Council approval is required for CCO No. 2, in the amount of $114,888. Council approval is required as the cumulative amount of CCO Nos. 1 and 2 will exceed the administrative change order authority allowed under the existing contract. The final extension option, for the term of January 1 - December 31, 2026, has been negotiated with a modest increase based on the local CPI.
It is recommended that Council approve a motion to authorize CCO No. 2, in the amount of $114,888.00, with Kyra Emanuels Ross, for State Legislative Consulting and Advocacy Services. The annual rate for CCO No. 2 includes quarterly registration and filing fees of $75 with the Fair Political Practices Commission (FPPC), as mandated by the Lobbying Disclosure Act. The revised contract amount will be $542,328.
FINANCIAL SUMMARY
The contract for State Legislative Consulting and Advocacy Services is encumbered on a fiscal year basis. Funding for this Professional Services Contract is allocated through the Fiscal Year 2025-26 Non-Departmental Special Services account.
Attachment A - CCO No. 2 with Kyra Emanuels Ross
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ATTACHMENT A
CITY OF STOCKTON
ST ANDARD AGREEMENT AMENDMENT Agreement Number: Amendment Number:
2021-12-07-1201 NP
422000499 2
This Amendment Number j to the above referenced Agreement is entered into on January 1, 2026. between the City of Stockton ("City") and Kyra Emanuels Ross ('aContractor")
RECIT ALS
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 Exhibit A, Option to Renew, sta(es both Parties may extend this Agreement up to December 31, 2026, however the total term of the Agreement including the extended term shall not exceed 5 years; and Exhibit A, Schedule of Compensation, states the annual compensation shall be increased by 3% for each oneyear contract extension; and Consu7ti'hneg acn'kAndeVeOdcsactoy sexeeNcluctees athsroeucgohn"D'eocneem!eearr3e1 xt2eOn2s6ion fromJanuary 1,2026, tocontinue StateLegislative Now (herefore, the City and the Contractor mutually agree as follows:
1. The termination date in Paragraph 2 of the Standard Agreement is amended to: "December 31, 2026'.
2. The one-year, ndt-to-exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 2. 1 is amended to $114,888.00, which includes quarterly Fair Political Practices Commission (FPCC) registration and filing fees. The total maximum compensation to be paid to the Contractor under this Agreement for (he ini!ial term and the extended term, including quarterly FPPC filing fees, shall not exceed $542,328.
All other terms and conditions of the Agreement shall remain unchanged and remain in full force and effect unless modified by a written amendmem signed by both parties.
}N W1TNE8S WHEREOF, the authorized parties have executed this Agreement
CONTRACTOR
Kyra Emanuels Ross
Contractor's Name (if other than an individual, state whether a corporation, partnership, etc Printed Name and Title of Person Signing
Address
1400 K Street, Suite 306, Sacramento, CA 95814
CITf OF STOCKTON
Johnny Ford, City Manager Date
ATTEST:
Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 08.14.25)
61 City of Stockton
Legislation Text
File #: 25-1375, Version: 1
ADOPT AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.94 OF THE STOCKTON MUNICIPAL
CODE REGARDING THE STOCKTON ARTS COMMISSION TO REDUCE COMMISSION
MEMBERSHIP SIZE
RECOMMENDATION
It is recommended that the City Council:
1. Adopt an Ordinance amending Title 2, Chapter 2.94 of the Stockton Municipal Code (SMC) relating to the Stockton Arts Commission to reduce the Commission membership size from fifteen (15) members to seven (7) members; and
2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.
Summary
The proposed amendment to the Stockton Municipal Code reduces the membership size of the Stockton Arts Commission from fifteen (15) members to seven (7) members, including one (1) Youth Commissioner. The adjustment is designed to improve meeting efficiency, ensure consistent quorum achievement, and better reflect the size and structure of the City Council.
DISCUSSION
Background
The Stockton Arts Commission, established under SMC Chapter 2.94, serves as an advisory body to the City Council in matters related to arts, culture, and public art programming. The Commission’s responsibilities include developing an annual arts plan, recommending public art funding, and supporting initiatives that promote arts accessibility and cultural vitality throughout the City.
Previously, the City’s arts bodies consisted of twenty-four (24) positions, fifteen (15) on the Stockton Arts Commission and nine (9) on the Public Art Advisory Committee. Over the years, declining resources and ongoing vacancies made it difficult to maintain full participation across both groups, and the Public Art Advisory Committee gradually became inactive. As a result, the number of active members naturally consolidated to the fifteen (15) Stockton Arts Commission members who continue to perform the core responsibilities today.
The Commission currently consists of seats for fifteen (15) members appointed by the Mayor and City Council. Over time, this large membership size has created challenges in maintaining full representation and achieving quorum, occasionally delaying Commission actions and votes.
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File #: 25-1375, Version: 1
Present Situation
To enhance governance alignment and operational efficiency, staff recommends reducing the membership size from fifteen (15) to seven (7) members. The Commission currently has seven (7) active members, including the Youth Commissioner, and this proposed size mirrors the structure of the Stockton City Council while promoting a more manageable and engaged advisory body.
The proposed changes within Section 2.94.040 (“Membership”) of the Stockton Municipal Code, as reflected in Attachment A - Proposed Ordinance - Redline, include:
1. Reduction of Membership Size: From fifteen (15) to seven (7) members, including one (1) Youth Commissioner.
FINANCIAL SUMMARY
There is no direct fiscal impact on the General Fund related to this action.
Attachment A - Proposed Ordinance - Redline
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ATTACHMENT A
1 ORDINANCE NO. ________________
AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.94, SECTION 2.94.040 OF THE
STOCKTON MUNICIPAL CODE TO ADD A YOUTH COMMISSIONER TO THE
STOCKTON ARTS COMMISSION AND REMOVE STANDING COMMITTEE FROM THE STOCKTON ARTS COMMISSION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. AMENDMENT OF CODE.
Title 2, Chapter 2.94, Section 2.94.030 of the Stockton Municipal Code is hereby amended to read as follows:
2.94.030 Definitions.
“Annual art plan” means a plan developed by the Stockton Arts Commission on an annual basis which describes the Commission’s goals for the year and includes any initiatives, programs, and public art projects along with funding requests for each. The plan shall be submitted as part of the City’s annual budget process and be approved by the City Council.
“Annual report” means a document submitted annually to the City Council setting forth the Commission’s completed activities for the prior year and setting forth goals for the coming year.
“Artist” means a practicing professional skilled in the design and/or creative production of aesthetic objects whose qualifications are demonstrated by recognition or stature within their field, and/or through reputation, recognition, and/or exhibitions. “Public art collection” means all City-owned artworks.
“Public Art Fund” means a separate account which is established by the City to receive monies appropriated to the Public Art Program.
“Public Art Program” means, generally, the processes and approach to establishing art elements in public projects and public places as established hereby and to projects funded through the Public Art Fund.
SECTION II. AMENDMENT OF CODE.
Title 2, Chapter 2.94, Section 2.94.040 of the Stockton Municipal Code is hereby amended to read as follows:
64 ATTACHMENT A
2 2.94.040 Membership.
A. The Commission shall be composed of 715 members, including one Youth Commissioner, appointed by the Mayor with the approval of the City Council.
B. Each member of the Commission shall hold office for a term of four (4) years, except that:
1. The City Council may by written policy institute terms of less than four (4) years initially and whenever necessary in order to create staggered vacancies; and
2. Any member appointed to fill the vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed, shall be appointed for the remainder of such term.
3. The Youth Commissioner shall hold office for a term of one (1) year, from July 1st through June 30th.
C. Any vacancy in the Commission shall not affect its power but shall be filled in the same manner in which the original appointment was made.
D. In addition to the Mayor, the City Manager and the City Attorney, such other persons as may be designated as ex officio members without vote by the Mayor with advice of the City Council shall be selected from any department, office, commission, board, employee or instrumentality of the City to aid, assist and advise the Arts Commission.
E. Each member of the Commission shall, at the time of application and continuously thereafter, be a resident of the City. Failure to reside within the City shall result in automatic forfeiture of the appointment. Written notice of any change of residence shall immediately be filed with the City Clerk.
F. The Youth Commission shall, at the time of application and continuously thereafter, be a resident of the City of Stockton and a Stockton middle school or high school student.
SECTION III. AMENDMENT OF CODE.
Title 2, Chapter 2.94, Section 2.94.060 of the Stockton Municipal Code is hereby amended to read as follows:
2.94.060 Organization.
The Commission shall organize and adopt the bylaws and administrative rules and procedures, consistent with this chapter, to accomplish its purposes. The Commission 65 ATTACHMENT A
3 shall appoint such officers, subcommittees, or ad hoc committees, as shall deemed by the Commission.
SECTION IV. AMENDMENT OF CODE.
Title 2, Chapter 2.94, Section 2.94.070 of the Stockton Municipal Code is hereby amended to read as follows:
2.94.070 Powers and duties.
The powers and duties of the Commission shall be as follows:
A. Establish a regular meeting schedule. In accordance with the Ralph M. Brown Act, all meetings shall be open and public, except as otherwise permitted by law. The Commission shall meet at the call of the chairperson or a majority of the Commission, but not less than once every three (3) months. A majority of the seated members of the Commission shall constitute a quorum. The affirmative votes of a majority of seated members of the Commission are required to take any action. The Commission shall keep an accurate record of its proceedings and actions; B. Hold deliberations of this Commission in public session; however, this shall not constitute the sessions as public hearings as a matter of right open to participation by members of the general public at large, except at the will of the majority of the Commission;
C. Administer any funds allocated by the City Council in the City’s approved annual operating budget for the purpose of offering grants or awards to artists or for other purposes as approved by the City Council in adoption of the Commission’s annual report and work plan. These allocated funds are separate and distinct from the City’s Public Art Fund;
D. Develop and recommend to the City Council a proposed public art budget and expenditures from the Public Art Fund for each year; review and recommend for City Council the selection of and contracts with artists; and shall generally administer the Public Art Program;
E. The Commission shall develop, or cause to be developed, the City Public Art Master Plan which shall establish the City’s policy and guidelines concerning the Public Art Program. The City Council shall review and concur on the Master Plan. The City Council shall review the respective projects and the application of the requirements of Section 2.94.030, et seq., as proposed by the Commission in the Annual Public Art Plan and shall approve or modify said Plan for implementation; F. The Stockton Arts Commission shall have further responsibility for reviewing and recommending to the City Council, approval and/or acceptance of any artworks proposed to be donated to the City. The Commission shall establish such policies and 66 ATTACHMENT A
4 guidelines as may be appropriate to facilitate and encourage the donation of artworks of high quality to the City;
G. Recommend ways to maintain and increase the artistic and cultural resources of the City;
H. Solicit private, State and Federal funding available for the fine and performing arts;
I. Initiate, sponsor or conduct, alone or in cooperation with other public or private agencies, programs to further the development and public awareness of, and interest in the fine and performing arts;
J. Advise the City concerning the receipt of or purchase of and display of works of art to be placed on municipal property, except for museums or art galleries; K. Improve access to the arts through various programs so that the arts are within the reach of persons of all cultural backgrounds and levels of income. The Commission shall especially be concerned for segments of the community in which the arts are lacking and needed;
L. The Commission recommendation shall be advisory only and not binding upon the City Council, all final determinations shall be made by the City Council and to perform such other related duties and functions as the City Council may from time to time direct, or otherwise appoint the Commission to administer or coordinate on behalf of the City.
SECTION V. AMENDMENT OF CODE.
Title 2, Chapter 2.94, Section 2.94.110 of the Stockton Municipal Code is hereby amended to read as follows:
2.94.110 Public art funding for City projects.
A. Appropriations. All appropriations for Public Art shall be made by the City Council, based on the recommendations of the Stockton Arts Commission as part of the annual art plan. Recommendations will coincide, whenever feasible with the annual City budget process. Appropriations may be used for design, selection, acquisition, commissioning, and display of artworks; for maintenance and for administration of the Public Art Program.
B. Public Art Fund. Monies appropriated pursuant to these sections shall be transferred to a special fund designated Public Art Fund, into which monies appropriated under Section 2.94.100(A) shall be deposited. Contributions to the Public Art Program in monetary form from private sources shall be deposited into the Public Art Fund.
Disbursements from the Public Art Fund shall be made in accordance with the annual public art plan. Expenditures are subject to approval by the City Manager and the City Council.
67 ATTACHMENT A
5 SECTION VI. AMENDMENT OF CODE.
Title 2, Chapter 2.94, Section 2.94.120 of the Stockton Municipal Code is hereby amended to read as follows:
2.94.120 Public Art Fund—Uses of funds.
A. Monies allocated hereunder may be used for the selection, design, acquisition, purchase, commissioning, placement, installation, exhibition, and/or display of artworks.
A. Public Art Maintenance Account. An amount equal to five (5) percent of the monies appropriated hereunder shall be deposited into a separate account within the Public Art Fund, to be known as the Public Art Maintenance Account, which shall be used in the maintenance and preservation of artworks in the public art collection.
C. Maintenance.
1. The annual public art plan shall require that any proposed work of art or art element generating operation or maintenance costs beyond the ordinary costs associated with typical project maintenance be accompanied with a detailed fiscal note and plan for funding such costs.
2. The Commission shall be responsible for recommending surveys of the condition of the public art collection. Surveys shall be updated on an as-needed basis but not less than once every five (5) years, and include a report on the condition of each work, prioritized recommendations for the restoration or repair and maintenance of the artworks, estimated costs, and funding source(s). Such repair and maintenance shall comply with any contractual obligations which may have been entered into in the acquisition of those artworks. Funds from the Public Art Fund shall be reviewed annually for priority needs by the Commission, reviewed and approved through the annual budget process, and finally approved by the City Council.
D. Style. The Commission shall recommend and the City Council establish policies and guidelines which ensure over time that the City collection represents a broad range of artistic styles, tastes, and media, that it does not support exclusively artworks of any particular school, style, taste, or medium, and that it takes into consideration affirmative action.
SECTION VII. SEVERABILITY
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions, or applications of the fact which can be given without the invalid provision or application, and to this end the provisions of this act are severable.
68 ATTACHMENT A
6 SECTION VIII. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED: ___________________
EFFECTIVE: ___________________
_____________________________
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
69 1
ORDINANCE NO. ________________
AN ORDINANCE AMENDING TITLE 2, CHAPTER 2.94, SECTION 2.94.040 OF THE
STOCKTON MUNICIPAL CODE TO ADD A YOUTH COMMISSIONER TO THE
STOCKTON ARTS COMMISSION AND REMOVE STANDING COMMITTEE FROM THE STOCKTON ARTS COMMISSION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
SECTION I. AMENDMENT OF CODE.
Title 2, Chapter 2.94, Section 2.94.030 of the Stockton Municipal Code is hereby amended to read as follows:
2.94.030 Definitions.
“Annual art plan” means a plan developed by the Stockton Arts Commission on an annual basis which describes the Commission’s goals for the year and includes any initiatives, programs, and public art projects along with funding requests for each. The plan shall be submitted as part of the City’s annual budget process and be approved by the City Council.
“Annual report” means a document submitted annually to the City Council setting forth the Commission’s completed activities for the prior year and setting forth goals for the coming year.
“Artist” means a practicing professional skilled in the design and/or creative production of aesthetic objects whose qualifications are demonstrated by recognition or stature within their field, and/or through reputation, recognition, and/or exhibitions. “Public art collection” means all City-owned artworks.
“Public Art Fund” means a separate account which is established by the City to receive monies appropriated to the Public Art Program.
“Public Art Program” means, generally, the processes and approach to establishing art elements in public projects and public places as established hereby and to projects funded through the Public Art Fund.
SECTION II. AMENDMENT OF CODE.
Title 2, Chapter 2.94, Section 2.94.040 of the Stockton Municipal Code is hereby amended to read as follows:
70 2
2.94.040 Membership.
A. The Commission shall be composed of 7 members, including one Youth Commissioner, appointed by the Mayor with the approval of the City Council.
B. Each member of the Commission shall hold office for a term of four (4) years, except that:
1. The City Council may by written policy institute terms of less than four (4) years initially and whenever necessary in order to create staggered vacancies; and
2. Any member appointed to fill the vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed, shall be appointed for the remainder of such term.
3. The Youth Commissioner shall hold office for a term of one (1) year, from July 1st through June 30th.
C. Any vacancy in the Commission shall not affect its power but shall be filled in the same manner in which the original appointment was made.
D. In addition to the Mayor, the City Manager and the City Attorney, such other persons as may be designated as ex officio members without vote by the Mayor with advice of the City Council shall be selected from any department, office, commission, board, employee or instrumentality of the City to aid, assist and advise the Arts Commission.
E. Each member of the Commission shall, at the time of application and continuously thereafter, be a resident of the City. Failure to reside within the City shall result in automatic forfeiture of the appointment. Written notice of any change of residence shall immediately be filed with the City Clerk.
F. The Youth Commission shall, at the time of application and continuously thereafter, be a resident of the City of Stockton and a Stockton middle school or high school student.
SECTION III. AMENDMENT OF CODE.
Title 2, Chapter 2.94, Section 2.94.060 of the Stockton Municipal Code is hereby amended to read as follows:
2.94.060 Organization.
The Commission shall organize and adopt the bylaws and administrative rules and procedures, consistent with this chapter, to accomplish its purposes. The Commission 71 3
shall appoint such officers, subcommittees, or ad hoc committees, as shall deemed by the Commission.
SECTION IV.AMENDMENT OF CODE.
Title 2, Chapter 2.94, Section 2.94.070 of the Stockton Municipal Code is hereby amended to read as follows:
2.94.070 Powers and duties.
The powers and duties of the Commission shall be as follows:
A. Establish a regular meeting schedule. In accordance with the Ralph M. Brown Act, all meetings shall be open and public, except as otherwise permitted by law. The Commission shall meet at the call of the chairperson or a majority of the Commission, but not less than once every three (3) months. A majority of the seated members of the Commission shall constitute a quorum. The affirmative votes of a majority of seated members of the Commission are required to take any action. The Commission shall keep an accurate record of its proceedings and actions; B. Hold deliberations of this Commission in public session; however, this shall not constitute the sessions as public hearings as a matter of right open to participation by members of the general public at large, except at the will of the majority of the Commission;
C. Administer any funds allocated by the City Council in the City’s approved annual operating budget for the purpose of offering grants or awards to artists or for other purposes as approved by the City Council in adoption of the Commission’s annual report and work plan. These allocated funds are separate and distinct from the City’s Public Art Fund;
D. Develop and recommend to the City Council a proposed public art budget and expenditures from the Public Art Fund for each year; review and recommend for City Council the selection of and contracts with artists; and shall generally administer the Public Art Program;
E. The Commission shall develop, or cause to be developed, the City Public Art Master Plan which shall establish the City’s policy and guidelines concerning the Public Art Program. The City Council shall review and concur on the Master Plan. The City Council shall review the respective projects and the application of the requirements of Section 2.94.030, et seq., as proposed by the Commission in the Annual Public Art Plan and shall approve or modify said Plan for implementation; F. The Stockton Arts Commission shall have further responsibility for reviewing and recommending to the City Council, approval and/or acceptance of any artworks proposed to be donated to the City. The Commission shall establish such policies and 72 4
guidelines as may be appropriate to facilitate and encourage the donation of artworks of high quality to the City;
G. Recommend ways to maintain and increase the artistic and cultural resources of the City;
H. Solicit private, State and Federal funding available for the fine and performing arts;
I. Initiate, sponsor or conduct, alone or in cooperation with other public or private agencies, programs to further the development and public awareness of, and interest in the fine and performing arts;
J. Advise the City concerning the receipt of or purchase of and display of works of art to be placed on municipal property, except for museums or art galleries; K. Improve access to the arts through various programs so that the arts are within the reach of persons of all cultural backgrounds and levels of income. The Commission shall especially be concerned for segments of the community in which the arts are lacking and needed;
L. The Commission recommendation shall be advisory only and not binding upon the City Council, all final determinations shall be made by the City Council and to perform such other related duties and functions as the City Council may from time to time direct, or otherwise appoint the Commission to administer or coordinate on behalf of the City.
SECTION V. AMENDMENT OF CODE.
Title 2, Chapter 2.94, Section 2.94.110 of the Stockton Municipal Code is hereby amended to read as follows:
2.94.110 Public art funding for City projects.
A. Appropriations. All appropriations for Public Art shall be made by the City Council, based on the recommendations of the Stockton Arts Commission as part of the annual art plan. Recommendations will coincide, whenever feasible with the annual City budget process. Appropriations may be used for design, selection, acquisition, commissioning, and display of artworks; for maintenance and for administration of the Public Art Program.
B. Public Art Fund. Monies appropriated pursuant to these sections shall be transferred to a special fund designated Public Art Fund, into which monies appropriated under Section 2.94.100(A) shall be deposited. Contributions to the Public Art Program in monetary form from private sources shall be deposited into the Public Art Fund.
Disbursements from the Public Art Fund shall be made in accordance with the annual public art plan. Expenditures are subject to approval by the City Manager and the City Council.
73 5
SECTION VI.AMENDMENT OF CODE.
Title 2, Chapter 2.94, Section 2.94.120 of the Stockton Municipal Code is hereby amended to read as follows:
2.94.120 Public Art Fund—Uses of funds.
A. Monies allocated hereunder may be used for the selection, design, acquisition, purchase, commissioning, placement, installation, exhibition, and/or display of artworks.
A. Public Art Maintenance Account. An amount equal to five (5) percent of the monies appropriated hereunder shall be deposited into a separate account within the Public Art Fund, to be known as the Public Art Maintenance Account, which shall be used in the maintenance and preservation of artworks in the public art collection.
C. Maintenance.
1. The annual public art plan shall require that any proposed work of art or art element generating operation or maintenance costs beyond the ordinary costs associated with typical project maintenance be accompanied with a detailed fiscal note and plan for funding such costs.
2. The Commission shall be responsible for recommending surveys of the condition of the public art collection. Surveys shall be updated on an as-needed basis but not less than once every five (5) years, and include a report on the condition of each work, prioritized recommendations for the restoration or repair and maintenance of the artworks, estimated costs, and funding source(s). Such repair and maintenance shall comply with any contractual obligations which may have been entered into in the acquisition of those artworks. Funds from the Public Art Fund shall be reviewed annually for priority needs by the Commission, reviewed and approved through the annual budget process, and finally approved by the City Council.
D. Style. The Commission shall recommend and the City Council establish policies and guidelines which ensure over time that the City collection represents a broad range of artistic styles, tastes, and media, that it does not support exclusively artworks of any particular school, style, taste, or medium, and that it takes into consideration affirmative action.
SECTION VII. SEVERABILITY
If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions, or applications of the fact which can be given without the invalid provision or application, and to this end the provisions of this act are severable.
74 6
SECTION VIII. EFFECTIVE DATE.
This ordinance shall take effect and be in full force thirty (30) days after its passage.
ADOPTED: ___________________
EFFECTIVE: ___________________
_____________________________
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
75 City of Stockton
Legislation Text
File #: 25-1302, Version: 1
APPROVE FINDINGS AND AWARD A FIVE-YEAR CONTRACT TO AQUEOUS VETS, LLC FOR
THE PURCHASE OF ION EXCHANGE RESIN AND MEDIA EXCHANGE SERVICES
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code Section 3.68.070 which support and justify an exception to the competitive bidding process.
2. Award a five-year contract in the not-to-exceed amount of $1,513,567.59 to AqueoUS Vets, LLC of Redding, CA for ion exchange resin and media exchange services. (Exhibit 1 to the Resolution).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) includes three utilities supported by user fees and regulated for the protection of public health and the environment. The Water Utility provides drinking water service to the northern and southern regions of the Stockton Metropolitan Area, while the California Water Service Company and San Joaquin County serve the central region. The Delta Water Treatment Plant (DWTP), which began operation in May 2012, supplies up to 30 million gallons per day of potable water from the San Joaquin River Delta and Mokelumne River.
The MUD staff constructed wellhead treatment improvements to rehabilitate South Stockton System Groundwater Well No. 8 (SSS8) located in District 6 next to Ernie Shropshire Park. Wellhead treatment for removal of water quality constituents and contaminants is a standard industry practice to meet new State Water Resources Control Board (SWRCB) Drinking Water Standards and State law detailed in Assembly Bill 756. The ion exchange system uses resins that have a finite service life and require replacement under a regular maintenance program.
If approved by the City Council, this action will award a five-year contract in the amount not-toexceed $1,513,567.59 to AqueoUS Vets, LLC to replace ion exchange resins under a maintenance program to enhance water quality in south Stockton.
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DISCUSSION
Background
As listed in the most recent MUD Water Utility Master Plan and Urban Water Management Plan, there are two drinking water supply sources for the South Stockton System (SSS), including potable water purchased from Stockton East Water District and groundwater wells. Currently, there are a total of five groundwater wells in the South Stockton System, and three wells are in active status. The remaining groundwater wells were placed in inactive status and require rehabilitation prior to being brought back into service.
In 2024, MUD completed construction of wellhead treatment improvements at Groundwater Well SSS8, located in District 6 next to Ernie Shropshire Park in south Stockton. Improvements included the installation of an ion exchange system that uses Purolite Purofine resins in the filtration process to provide south Stockton residents with high-quality drinking water that meets all State and Federal regulations.
The ion exchange system uses Purolite Purofine resins that have a finite service life of approximately 12 months and require replacement under a regular maintenance program. If the resins are not replaced under the maintenance program, drinking water quality may fail to meet State and Federal standards, and Groundwater Well SSS8 may need to halt production.
Present Situation
Ion exchange resins must be replaced periodically to ensure the filtration system continues to perform as designed by the manufacturer. To prevent resins from exceeding their service life, MUD staff have developed a maintenance program to replace them regularly.
AqueoUS Vets (AV) is the only regional supplier able to complete a media change of the ion exchange Purolite Purofine resins and properly dispose of the spent media. The use of a different resin would require staff to design and install a different filtration system.
Staff recommends the approval of a five-year contract with AV to replace ion exchange media (Exhibit 1 to the Resolution). The annual cost of each media exchange is $236,863 with a five percent escalation each year.
Findings
Pursuant to the Stockton Municipal Code (SMC) section 3.68.070, the City Council may approve findings which support and justify an exception to the competitive bidding process. The following findings support and justify an exception:
1. Ion exchange media have a limited service life and must be replaced periodically to preserve the quality of the filtration treatment process and the production of high-quality drinking water.
2. It is in the public interest to establish a maintenance program to preserve system integrity and reliability, meet drinking water standards, and the requirements of State and Federal law.
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3. Maintaining the drinking water production system with the current type of resins is more costeffective than replacing them with a different filtration system due to the supporting infrastructure, piping, structures, connections, electrical, tooling, and instrumentation in place for the existing ion exchange system. Therefore, using the current type of resins is in the best interest of the public.
4. AqueoUS Vets, LLC is the only vendor that supplies the ion exchange resins used in the wellhead treatment and capable of replacing ion exchange media services that are the correct type for Groundwater Well SSS8 wellhead treatment.
FINANCIAL SUMMARY
The total cost of the estimated media exchanges over the five-year term is $1,513,567.59. There are sufficient funds in the Water Well Production account 6515-000-800001-600-000-00-65-000-000 for the first year of services. Funds for future years will be appropriated as part of the annual budget process.
This action has no impact on the General Fund or any other unrestricted funds.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING FINDINGS AND AWARDING A FIVE-YEAR CONTRACT FOR $1,513,567.59 WITH AQUEOUS VETS, LLC FOR ION EXCHANGE RESIN MEDIA
EXCHANGE SERVICES
The Municipal Utilities Department (MUD) operates groundwater wells as part of the South Stockton System, which supplements water supply during peak demands or dry years; and
In 2024, MUD completed the construction of wellhead treatment improvements to rehabilitate South Stockton System Groundwater Well Rehabilitation at Well SSS8 to meet the State Water Resources Control Board Drinking Water Standards and the requirements of California law; and
Proper maintenance of the wellhead treatment requires frequent replacement of ion exchange resins used in the treatment process; and
AqueoUS Vets, LLC is the only supplier able to complete a media change of the ion exchange resin and properly dispose of the used ion exchange resins; and The use of a different resin would require staff to design and install a different filtration system; and
Staff recommends the City Council award a five-year contract to AqueoUS Vets, LLC for ion exchange resin media exchange services in the not-to-exceed amount of $1,513,567.59, to maintain system performance, meet drinking water standards and the requirements of California Law; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the following findings pursuant to Stockton Municipal Code Section 3.68.070 to support and justify an exception to the competitive bidding process:
a. Ion exchange media has a limited service life and must be replaced periodically to preserve the quality of the filtration treatment process and the production of high-quality drinking water.
b. It is in the public interest to establish a maintenance program to preserve system integrity and reliability, meet drinking water standards, and the requirements of State and Federal law.
79 c. Maintaining the drinking water production system with the current type of resins is more cost-effective than replacing them with a different filtration system due to the supporting infrastructure, piping, structures, connections, electrical, tooling, and instrumentation in place for the existing ion exchange system. Therefore, using the current type of resins is in the best interest of the public.
d. AqueoUS Vets, LLC is the only vendor that supplies the ion exchange resins used in the wellhead treatment and capable of replacing ion exchange media services that are the correct type for Groundwater Well SSS8 wellhead treatment.
2. The City Council authorizes a five-year contract with AqueoUS Vets, LLC for ion exchange media exchange services at a total not-to-exceed amount of $1,513,567.59, a copy of which is attached as Exhibit 1 and incorporated by this reference.
3. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED December 9, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
80 1
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CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
_____________________________________________________________________________
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
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<(6 ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
CITY OF STOCKTON
_________________________________________________________BB________________ Johnny Ford, City Manager Date
ATTEST:
____________________________________________________________________________ .DWKHULQH5RODQG&0&,&30& City Clerk
APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:
Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –
H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
AqueoUS Vets, LLC Ion Exchange Media Exchange Services
June 30, 2031
1,513,567.59
Professional Services Special Terms & Conditions
AqueoUS Vets, LLC
Daniel Funk, Contract Manager
16761 Clear Creek Rd, Redding, CA 96001
Daniel H. Funk Digitally signed by Daniel H. Funk
Date: 2025.11.05 17:19:11 -06'00'
EXHIBIT 1
81 EXHIBIT A
STATEMENT OF WORK
1.0 PROJECT OBJECTIVES
Complete as-needed ion exchange (IX) resin media changeouts at South Stockton System (SSS) Well SSS8.
2.0 PROJECT SCOPE
Contractor shall furnish all labor, materials, equipment, and services required to remove, dispose, and replace the spent PFAS treatment resin at the South Stockton System (SSS) Well SSS8. The contractor will supply compatible IX resin media, handle off-site disposal of exhausted media in accordance with all environmental regulations, and perform the installation of new resin. The City will provide site access, operational coordination, and inspection oversight.
3.0 PRICING
3.1 The unit cost for the initial resin media changeout at Well SSS8 is $236,863.
3.2 Resin costs are subject to an annual escalation of up to five percent (5%) over the term of the contract.
3.3 Disposal and transportation costs are contingent on market rates and will be passed through to the City at cost, with documentation provided by the Contractor validating increases.
3.4 The total contract amount shall not exceed $1,5 over five (5) years,
inclusive of resin escalation, disposal, and transportation adjustments.
4.0 SPECIFICATIONS
The ion exchange resin shall be Purolite PFA694 3)$
( or approved
equivalent, designed for PFAS removal and compatible with the existing SSS8 IX vessels. Media must be NSF/ANSI 61 certified for use in drinking water applications. All resin handling, removal, and disposal shall comply with manufacturer specifications, safety guidelines, and applicable environmental regulations. 5.0 MAJOR DELIVERABLES
5.1 Removal and safe disposal of exhausted resin media from well SSS8.
Visual inspection and disinfection shall be completed using a hydrogen peroxidebased solution. All piping, vessels, and associated components shall be sanitized to eliminate biological contaminants that, if not properly removed, will foul new media. Detailed photographs documenting the empty condition of each vessel shall be provided to the City for verification to prevent early breakthrough.
EXHIBIT 1
82 5.2 Contractor shall take a sample of the spent resin to the lab for analysis to determine if there was anything that impacted performance or bed life at no cost to the City.
5.3 Supply and installation of new IX resin media, taking all precautions to prevent contamination of the resin from direct handling and/or exposure to contaminants that will foul or impair its operating efficiency.
5.4 Following installation, The resin bed shall be thoroughly rinsed with potable water to remove any fines, dust, or manufacturing residues. The bed shall be allowed to settle evenly within the vessel to prevent channeling or uneven flow.
The system shall then be backwashed at manufacturer-recommended flow rates and durations to ensure proper stratification of the resin bed and to minimize pressure drop across each vessel.
5.5 After rinsing and backwashing, the system shall be slowly brought online.
Contractor shall monitor pressure, flow, and any preliminary water quality indicators to confirm proper operation.
5.6 Influent, effluent, and source water samples shall be collected and analyzed to verify PFAS removal performance meets applicable regulatory standards.
6.0 TASKS THAT SUPPORT THE DELIVERABLES
6.1 Contractor shall provide photographs of each vessel before resin removal, after resin removal, and after resin installation before startup.
6.2 Contractor shall provide startup monitoring data documentation.
6.3 Contractor shall provide PFAS performance testing results.
6.4 Contractor shall provide documentation certifying the safe removal, handling, transportation, and disposal of all spent resin in compliance with applicable environmental regulations.
6.5 City staff will coordinate system shutdown/startup, provide inspection oversight, and approve final acceptance of work.
7.0 INTERNAL AND EXTERNAL STANDARDS AND GUIDELINES
7.1 Manufacturer specifications for Purolite PFA694 resin media.
7.2 NSF/ANSI Standard 61 certification for drinking water system components.
8.0 CRITERIA OF ACCEPTANCE FOR DELIVERABLES
8.1 Spent resin is removed, transported, and disposed of in compliance with environmental regulations, with supporting documentation provided.
8.2 New resin media is installed in accordance with manufacturer specifications EXHIBIT 1
83 and vessel compatibility requirements.
8.3 System startup and performance testing confirm proper operations and PFAS treatment efficiency.
8.4 Final inspection and acceptance is completed by City of Stockton Municipal Utilities Department staff.
9.0 CORRECTIVE ACTIONS
If there are parts of the Contractor’s work that do not conform to the specifications, the Contractor will be notified by email, and/or letter of any need for corrections.
Any form of notification shall be valid. If the Contractor fails to correct any deficiencies within five (5) working days, the City may arrange to have the deficiencies corrected and deduct the cost to correct the deficiency from the amount due to the Contractor. Corrections shall not interrupt or delay regularly scheduled service. The Contractor shall provide written confirmation within one (1) day of the completion of work. Confirmation may be by email, or personal delivery to the Delta Water Treatment plant, located at 11373 N. Lower Sacramento, Stockton, CA 95242.
10.0 CITY’S REPRESENTATIVES
A representative from the Municipal Utilities Department will manage/administer this contract. The Department Representative/Project Manager has the authority to act on behalf of the Municipal Utilities Department and the City.
11.0 NOTICES
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor:
Aqueous Vets
16761 Clear Creek Road
Redding, CA, 96001
City:
City of Stockton
Attn: City Manager
425 N. El Dorado Street
Stockton, CA 95202
12.0 KEY PERSONNEL
Clara Isho
Program Manager II
Water Division
Municipal Utilities Department
13.0 OPTION TO RENEW
There is no option to renew.
EXHIBIT 1
84 REV 2025-06-04
Exhibit B:
Insurance Requirements
(Chemical Purolite Resins)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim EXHIBIT 1
85 REV 2025-06-04
administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
EXHIBIT 1
86 REV 2025-06-04
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.
EXHIBIT 1
87 REV 2025-06-04
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
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88 REV 2025-06-04
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
425 N El Dorado Street
Stockton, CA 95202
EXHIBIT 1
89 (Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZDͿ
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 EXHIBIT 1
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to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 EXHIBIT 1
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control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
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 DOO6XEFontractorV must issue W-2 IRUPVRURWKHUIRUPVDVUHTXLUHGE\ODZIRULQFRPHDQGHPSOR\PHQWWD[SXUSRVHVIRUDOO RI6XEFRQWUDFWRUVSHUVRQQHO
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 EXHIBIT 1
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11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors. Indemnity and Hold Harmless. 7R WKH IXOOHVW H[WHQW SHUPLWWHG E\ ODZ &RQWUDFWRU VKDOO KROG KDUPOHVV GHIHQG DQG LQGHPQLI\ &LW\ RI 6WRFNWRQ DQG LWV RIILFHUV RIILFLDOV HPSOR\HHV DQG YROXQWHHUV IURP DQG DJDLQVW DQ\ DQG DOO OLDELOLW\ ORVV GDPDJH H[SHQVH FRVWV
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IURPSDUWLHVXOWLPDWHO\IRXQGDWIDXOWE\DQDSSURSULDWHDGMXGLFDWRU\ERG\ Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
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. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 EXHIBIT 1
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17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
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24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
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EXHIBIT D
GOODS AND SERVICES TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the purchase of goods and services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other EXHIBIT 1
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losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed EXHIBIT 1
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basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
7. Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
8. Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.
9. Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or EXHIBIT 1
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advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.
10. Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.
11. Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
12. Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.
CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is EXHIBIT 1
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registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.
This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.
13. Shipping Terms
City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date specified in the Agreement.
Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately.
City reserves the right to refuse, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.
14. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere.
15. Price and Quantities
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([FHSW DV VHW IRUWK KHUHLQ RU LQ UHVSRQVH WR DFWV RI JRG GLVDVWHU SDQGHPLF JRYHUQPHQW PLOLWDU\ RU HTXLYDOHQW ZKLFK FDXVHV VXSSO\ FKDLQ GLVUXSWLRQ QRWUHDVRQDEO\IRUHVHHDEOH DWWKH H[HFXWLRQ RIWKLV FRQWUDFWPrices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.
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EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $1,513,567.59 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
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1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed __N/A_%.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Task Price
1 Media Exchange and Disposal Year 1 $236,863.
2 Media Exchange and Disposal Year 2 $248,706.
3 Media Exchange and Disposal Year 3 $261,141.
4 Media Exchange and Disposal Year 4 $274,198.
5 Media Exchange and Disposal Year 5 $287,908.
TOTAL PRICE $1,308,81
3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.
Hourly Billable Rate Schedule
Title Role on Project
Hourly Billable
Rates
N/A $
$
$
$
$
$
$
4. Additional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:
Title Unit Price
Disposal and Transportation costs $ 200,000.00
Inspection and Disinfection $4,750.00
EXHIBIT 1
104
3 (Rev. 10.30.18)
5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
[email protected]
cc: [email protected]
EXHIBIT 1
105
1 (Rev, 10.27.22)
EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as follows:
1.1 TIMELINE FOR COMPLETION OF WORK
Task Due Date
As-needed Ion Exchange (IX) resin media changeouts at
South Stockton System (SSS) Well SSS8
Ongoing through
JXQH, 2031
EXHIBIT 1
106
City of Stockton
Legislation Text
File #: 25-1304, Version: 1
APPROVE CONTRACT AMENDMENT NO. 7 WITH ROBERTSON-BRYAN, INC. FOR PROJECT
MANAGEMENT SERVICES FOR THE REGIONAL WASTEWATER CONTROL FACILITY
MODIFICATIONS PROJECT
RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Contract Amendment No. 7 with Robertson-Bryan, Inc., of Elk Grove, CA. This amendment, in the amount of $311,533, extends the contract for professional engineering services necessary to complete the Regional Wastewater Control Facility (RWCF) Modifications Project.
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
The Municipal Utilities Department (MUD) includes three utilities supported by user fees and regulated for the protection of public health and the environment: Water, Wastewater, and Stormwater. The Wastewater Utility operates a sanitary sewer system with about 900 miles of gravity mains, 554 miles of lower laterals, 27 pump stations, and 30 miles of force mains that convey sewage to the Regional Wastewater Control Facility (RWCF) for treatment. The system serves properties within the City, nearby special districts, and parts of San Joaquin County. The RWCF is an advanced tertiary wastewater treatment plant with a 55 million gallons per day capacity located next to the San Joaquin River.
On November 15, 2016, the Stockton City Council awarded a Progressive Design-Build Contract with AECOM Infrastructure and W.M. Lyles, Inc., a Joint Venture (JV), for the RWCF Modifications Project improvements identified in the 2011 Capital Improvement and Energy Management Plan (CIEMP) and necessary to meet treated wastewater discharge limits stipulated by the Regional Water Quality Control Board.
The RWCF Modifications Project includes key upgrades to comply with permit required effluent limits, in addition to replacing equipment and processes that are 40 to 70 years old and beyond their useful life.
If approved by the City Council, this action will add $311,533 to the existing contract with RobertsonBryan Inc. (RBI) and extend its term by three months to support the continual provision of project management services through the completion of the RWCF Modifications Project. Contract Amendment No. 7 will revise the total contract amount to $4,511,222 and extend it until March 31, 2026.
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DISCUSSION
Background
On August 8, 2017, by Motion No. 2017-08-08-1105, the City Council awarded a $991,362 Professional Services Contract with RBI, to provide project management services for the RWCF Modifications Project.
On July 30, 2019, by Motion No. 2019-07-30-1104, the City Council authorized contract change order No. 2 for $2,748,524 with RBI to increase project management staffing and provide project management services until October 11, 2023.
Subsequent contract amendments increased the contract amount by $459,803 to $4,199,021 and extended the contract term until December 31, 2025.
Present Situation
The JV is nearing the fulfillment of all substantial and final completion requirements necessary to close out the RWCF Modifications Project. To achieve these requirements, the JV is required to deliver a fully automatic, operable tertiary treatment system, and a finalized Acceptance Test Report for the facility.
The MUD operations staff has encountered complications with the new tertiary system. The JV and MUD operations and management teams are currently investigating the causes of system issues and the required adjustments necessary to achieve full operations and acceptance approval.
To support the successful completion of the project including the commissioning and acceptance of the tertiary treatment system, staff recommend amending the contract for project management services necessary to ensure that all remaining tasks and close out reports are completed to fully comply with project requirements.
Staff recommend the City Council approve Amendment No. 7 with Robertson-Bryan, Inc. of Elk Grove, CA, in the amount of $311,533, for a term of an additional three months (Attachment A).
If approved, this action will authorize RBI to continue providing project management services through the completion of Phase 2 of the RWCF Modifications Project, anticipated to occur in spring 2026.
FINANCIAL SUMMARY
There are sufficient funds available in the Wastewater Capital Improvement Project UW16022, account 6518-000-800007-610-612-00-65-000-000 to fund Amendment No. 7 for $311,533 with RBI to provide professional project management and engineering services.
This action has no impact on the General Fund or any other restricted funds.
Attachment A - Contract Amendment No. 7
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1 (Rev. 03.21.22)
CITY OF STOCKTON
STANDARD AGREEMENT AMENDMENT
This Amendment Number 7 to the above-referenced Agreement is entered into on __________________:
between the City of Stockton (“City”) and Robertson-Bryan, Inc. “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 add funds and renew the term specified in Paragraph 2 of the Standard Agreement to extend project management services because the RWCF Modifications Project schedule is extended due to:
• Necessary efforts to troubleshooting the disinfection system, corrective measures, Acceptance Testing, and completion of all contract requirements.
• This amendment will extend the contract with RBI to March 31, 2026, to provide project management as well as various reporting to the State.
Now, therefore, the City and the Contractor mutually agree as follows:
1. The termination date in Paragraph 2 of the Standard Agreement is amended to March 31, 2026.
2. The maximum not to exceed amount to be paid to the Contractor, including if authorized, reimbursement of expenses, in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, read as follows:
1.1 “The maximum the Contractor shall be paid on this Agreement is $4,511,222.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes City approved reimbursable expenses, if any, and all payments to be made pursuant to this Agreement’s sum for the initial term and extended term. 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.
Initial Term the maximum not to exceed amount is $991,362.00 Approved Contract Change Order No. 2 amount is $2,748,524.00 Approved Amendment No. 4 amount is $459,803.00
Proposed Amendment No. 7 amount is $311,533
Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $4,511,222.00
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
Robertson-Bryan, Inc _____________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_____________________________________________________________________________________________ Authorized Signature Date
Michael Bryan, President/CEO 11-12-25 _____________________________________________________________________________________________ Printed Name and Title of Person Signing
3100 Zinfandel Drive, Suite 300; Rancho Cordova, CA 95670 _____________________________________________________________________________________________ Address
Agreement Number: Amendment
Number:
419000245 7
ATTACHMENT A
109
2 (Rev. 03.21.22)
CITY OF STOCKTON
____________________________________________________________________________________________ Johnny Ford, City Manager Date
ATTEST:
____________________________________________________________________________________________ Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
ATTACHMENT A
110
City of Stockton
Legislation Text
File #: 25-1328, Version: 1
APPROVE FINDINGS AND AUTHORIZE THE PURCHASE OF MEMBRANE FILTERS FROM
FILMTEC CORPORATION FOR THE DELTA WATER TREATMENT PLANT
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code Section 3.68.070 which support and justify an exception to the competitive bidding process.
2. Authorize the purchase of membrane filters from FilmTec Corporation for $549,575.66.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) includes three utilities supported by user fees and regulated for the protection of public health and the environment. The Water Utility provides drinking water service to the northern and southern regions of the Stockton Metropolitan Area, while the California Water Service Company and San Joaquin County serve the central region. The Delta Water Treatment Plant (DWTP), which began operation in May 2012, supplies up to 30 million gallons per day or nearly 1 billion gallons per year of water supplied from the San Joaquin River Delta and Mokelumne River.
The DWTP uses advanced membrane ultra-filtration to provide Stockton residents with high-quality drinking water that meets all State and Federal regulations. Under its maintenance program, MUD maintenance staff replace these membrane filters on a regular schedule to maintain adequate water filtration at the treatment plant.
Currently, FilmTec Corporation (formerly Evoqua Water Technologies, Inc.) is the only manufacturer of membrane filter units approved by the State Water Resources Control Board (SWRCB) that are the correct size for the membrane filtration system used at the DWTP. Accordingly, FilmTec Corporation serves as the sole-source vendor for the required filter units.
If approved by the City Council, this action will authorize the purchase of 408 membrane filter units from FilmTec Corporation in the amount of $549,575.66.
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DISCUSSION
Background
When the DWTP was designed and constructed, the project team installed advanced membrane ultra-filtration in the treatment process to provide Stockton residents with high-quality drinking water that meets all State and Federal regulations. The membrane filtration system uses filter units that have a finite service life of five to ten years and require replacement under a regular maintenance program. If the filters are not replaced under the maintenance program, drinking water quality may fail to meet State and Federal standards, and the DWTP may need to reduce production.
On December 31, 2019, the Memcor membrane product line was purchased from Evoqua Water Technologies LLC by DuPont de Nemours Inc. (DuPont) and is now operating under the DuPont FilmTec Corporation business unit. Contracts for the supply of Memcor membranes were transferred to FilmTec Corporation with the sale of the Memcor product line, including all associated bonds and insurance certificates. FilmTec Corporation now fully owns the Memcor business line.
Present Situation
Membrane filter units have a finite service life of five to ten years and must be replaced to ensure the filtration system continues to perform as designed by the manufacturer. To prevent filters from exceeding their service life and to maintain the filtration system’s performance, MUD maintenance staff have developed a program to replace two membrane skids each year. Each membrane filter skid contains 204 filter units, totaling 408 filter units for two skids. This ongoing maintenance program ensures the membrane filtration system remains properly maintained and operable into the future.
The use of membrane filter technology requires approval from the SWRCB. FilmTec Corporation is currently the only SWRCB-approved manufacturer of membrane filter units that are the correct type and size for installation at DWTP.
If approved by the City Council, this action will authorize the purchase of 408 membrane filter units from FilmTec Corporation to service two membrane filter skids. The cost of the filter units is $549,575.66 (Exhibit 1 to the Resolution). After purchase and delivery, MUD maintenance staff will install the new filters to keep high-quality drinking water flowing to Stockton residents.
Findings
Pursuant to the Stockton Municipal Code (SMC) section 3.68.070, the City Council may approve findings which support and justify an exception to the competitive bidding process. The following findings support and justify an exception:
1. FilmTec Corporation is the only vendor that sells the membrane filter units that meet National Sanitation Foundation standards approved by the SWRCB and that are the correct type and size for the DWTP membrane filter skid.
2. Membrane filter replacement is a standard maintenance practice required to preserve the quality of the filtration treatment process and the production of high-quality drinking water. If City of Stockton Page 2 of 3 Printed on 12/3/2025
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the filter units are not replaced before the end of service life, the City's water production may fail to meet State and Federal standards.
3. Because the existing infrastructure and equipment were built for the current membranes, continuing to use this membrane type is far more cost-effective than switching to a new filtration system. Therefore, maintaining the current membranes is in the public’s best interest.
4. The membrane filtration system warranty covers material costs for repairs due to defective membrane filters. The use of any membrane filter not supplied by FilmTec Corporation will void the existing warranty.
FINANCIAL SUMMARY
The cost of 408 membrane filter units from FilmTec Corporation filters is $549,575.66. The FY 2025- 26 Annual Budget includes appropriation to cover the purchase and delivery of membrane filters in the Water Utility Fund, Buildings and Structures account 6513-511-800001-600-000-00-65-000-000.
This action has no impact on the General Fund or any other unrestricted funds.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING FINDINGS AND AUTHORIZING THE PURCHASE OF
MEMBRANE FILTERS FROM FILMTEC CORPORATION IN THE AMOUNT OF $549,575.66 FOR THE DELTA WATER TREATMENT PLANT
The water treatment process at the Delta Water Treatment Plant (DWTP) was designed and constructed with advanced ultra-filtration membranes to provide highquality drinking water for Stockton's residents and to meet all State and Federal regulations; and
Membrane filter replacement every five to ten years is part of the regular maintenance program required to keep the treatment plant in operation; and On December 31, 2019, the Memcor product line was purchased from Evoqua Water Technologies LLC by DuPont de Nemours Inc. (DuPont) and is now operating under DuPont's FilmTec Corporation business unit; and
FilmTec Corporation is currently the only approved manufacturer of membrane filters for water treatment by the State Water Resources Control Board (SWRCB) that are the correct type and size for the DWTP; and
Staff recommends the purchase of filter units for two membrane skids from FilmTec Corporation for $549,575.66. Installation of the filter units will be completed by the MUD maintenance staff; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council hereby approves the following findings pursuant to Stockton Municipal Code Section 3.68.070 to support and justify an exception to the competitive bidding process:
a. FilmTec Corporation is the only vendor that sells the membrane filter units that meet National Sanitation Foundation standards approved by the SWRCB and that are the correct type and size for the DWTP membrane filter skid.
b. Membrane filter replacement is a standard maintenance practice required to preserve the quality of the filtration treatment process and the production of high-quality drinking water. If the filter units are not replaced before the end of service life, the City's water production may fail to meet State and Federal standards.
114
c. Because the existing infrastructure and equipment were built for the current membranes, continuing to use this membrane type is far more cost-effective than switching to a new filtration system. Therefore, maintaining the current membranes is in the public’s best interest. d. The membrane filtration system warranty covers material costs for repairs due to defective membrane filters. The use of any membrane filter not supplied by FilmTec Corporation will void the existing warranty.
2. The City Council authorizes the purchase of 408 membrane filter units from FilmTec Corporation (formerly Evoqua Water Technologies, Inc.) quoted in the amount of $549,575.66, a copy of which is attached as Exhibit 1 and incorporated by this reference.
3. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED December 9, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
115
Valid from: 10/22/2025
Valid to: 04/30/2026
10 12038353 408 1,090.00 444,720.00
MODULE, SPARE L20N PVDF EA USD / EA USD
Surcharge (%) 7.000 % 31,130.40
USD
ESTIMATED DELIVERY DATE Quantity
10/22/2025 408 EA
FilmTec Corporation
CITY OF STOCKTON DELTA WATER SUPPLY
PROJECT
c/o CITY OF STOCKTON
11373 N LOWER SACRAMENTO RD
LODI CA 95242-9545
Carrier / Drayage
CUSTOMER PICKUP
Item # Goods Description Quantity Unit Price* Amount*
Shipping Marks
Forwarding Agent/Notify Party/End User
Document Date Order Number
10/22/2025 41175660
Customer P.O. number
10222025 10/22/2025
Country Shipped From Country of Destination
United States United States
Transport Mode Shipping Point
Road
5400 DEWEY HILL RD
EDINA MN 55439-2085
UNITED STATES
INFORMATION
MARLBOROUGH VIRT
0014 WS
Ship-to / Consignee 1011005462
CITY OF STOCKTON DELTA WATER SUPPLY
PROJECT
c/o CITY OF STOCKTON
11373 N LOWER SACRAMENTO RD
LODI CA 95242-9545
Sold-to 1011005462
Revision QUOTATION Page 1 of 6
Terms of Delivery and Payment
PPD Stockton CA
NET 30 DAYS FROM INVOICE DATE
Unloading Point
EXHIBIT 1
116
20 12035217 2 100.00 200.00
GREASE, SILICONE MX22 KG USD / KG USD
Surcharge (%) 7.000 % 14.00
USD
ESTIMATED DELIVERY DATE Quantity
10/22/2025 2 KG
30 12038768 24 25.00 600.00
CUP, FILT NYLON ASSEMBLED C/W O-RINGS EA USD / EA USD
Surcharge (%) 7.000 % 42.00
USD
ESTIMATED DELIVERY DATE Quantity
10/22/2025 24 EA
40 12038853 48 1.00 48.00
C-CLIP, MODULE, NYLON EA USD / EA USD
Surcharge (%) 7.000 % 3.36
USD
ESTIMATED DELIVERY DATE Quantity
10/22/2025 48 EA
FilmTec Corporation
Item # Goods Description Quantity Unit Price* Amount*
Shipping Marks
Document Date Order Number
10/22/2025 41175660
Customer P.O. number
10222025 10/22/2025
5400 DEWEY HILL RD
EDINA MN 55439-2085
UNITED STATES
Revision QUOTATION Page 2 of 6
EXHIBIT 1
117
50 12032210 1,665 2.00 3,330.00
O-RING, EPDM 9710 BS359 WRC BLUE DOT; EA USD / EA USD
Surcharge (%) 7.000 % 233.10
USD
ESTIMATED DELIVERY DATE Quantity
10/22/2025 1,665 EA
60 12037213 1,665 2.00 3,330.00
O-RING, EPDM 9710 52.1X5.7MM BLUE DOT EA USD / EA USD
Surcharge (%) 7.000 % 233.10
USD
ESTIMATED DELIVERY DATE Quantity
10/22/2025 1,665 EA
70 12032217 1,665 2.00 3,330.00
O-RING, EPDM 9710 BS114 WRC BLUE DOT; EA USD / EA USD
Surcharge (%) 7.000 % 233.10
USD
ESTIMATED DELIVERY DATE Quantity
10/22/2025 1,665 EA
FilmTec Corporation
Item # Goods Description Quantity Unit Price* Amount*
Shipping Marks
Document Date Order Number
10/22/2025 41175660
Customer P.O. number
10222025 10/22/2025
5400 DEWEY HILL RD
EDINA MN 55439-2085
UNITED STATES
Revision QUOTATION Page 3 of 6
EXHIBIT 1
118
80 12036761 820 2.00 1,640.00
O-RING, VTN FKM 6741 BS211; EA USD / EA USD
Surcharge (%) 7.000 % 114.80
USD
ESTIMATED DELIVERY DATE Quantity
10/22/2025 820 EA
90 12032211 1,665 2.00 3,330.00
O-RING, EPDM 9710 BS354 WRC BLUE DOT; EA USD / EA USD
Surcharge (%) 7.000 % 233.10
USD
ESTIMATED DELIVERY DATE Quantity
10/22/2025 1,665 EA
100 12038771 4 460.00 1,840.00
ASSEMBLY, CTR TUBE L20 NYLON TRAP CP1; EA USD / EA USD
Surcharge (%) 7.000 % 128.80
USD
Freight Surcharge 16,500.00
ESTIMATED DELIVERY DATE Quantity
10/22/2025 4 EA
FilmTec Corporation
Item # Goods Description Quantity Unit Price* Amount*
Shipping Marks
Document Date Order Number
10/22/2025 41175660
Customer P.O. number
10222025 10/22/2025
5400 DEWEY HILL RD
EDINA MN 55439-2085
UNITED STATES
Revision QUOTATION Page 4 of 6
EXHIBIT 1
119
_____________________________________________
Subtotal 511,233.76
6.00 % Sales Tax (State) 29,684.04
.
1.25 % Sales Tax (Local) 6,184.18
.
0.50 % Sales Tax (Local) 2,473.68
.
Total 549,575.66
USD
_____________________________________________
INFORMATION:
Matt Baker @ 209-609-9504
*THE PRICE SHOWN MAY NOT INCLUDE ALL REQUIRED CHARGES. THE INVOICE PRICE WILL GOVERN ALL SALES MADE. The price effective at the time of shipment/delivery will be applicable to your order, regardless of the price shown on this document.
Regardless of the title of, or any delivery date or other statements or descriptions,THIS
CONFIRMATION/ORDER ACKNOWLEDGEMENT CONSTITUTES RECEIPT OF YOUR ORDER ONLY AND DOES NOT CONSTITUTE ACCEPTANCE. UPON
ACCEPTANCE AND DELIVERY OF PRODUCTS BY SELLER, THE SALE WILL BE
SUBJECT TO THE ATTACHED CONDITIONS OF SALE OR THE PROVISIONS OF
ANY SIGNED WRITTEN CONTRACT BETWEEN US THAT COVERS THIS SHIPMENT. THIS CONFIRMATION LIMITS ANY ACCEPTANCE BY BUYER OF THIS
CONFIRMATION TO THE TERMS OF THE CONFIRMATION AND CONDITIONS
SELLER'S ACCEPTANCE OF TERMS PROVIDED BY BUYER TO BUYER'S
ACCEPTANCE OF ALL TERMS PROVIDED BY THIS CONFIRMATION, WHETHER
SUCH TERMS ARE ADDITIONAL TO OR DIFFERENT FROM BUYER'S TERMS OR OTHERWISE. SUBJECT TO ANY SIGNED WRITTEN CONTRACT BETWEEN THE
PARTIES COVERING THE SHIPMENT, THIS CONFIRMATION PREVAILS OVER
ANY TERMS CONTAINED IN ANY OTHER BUYER DOCUMENTS, TO WHICH
SELLER HEREBY OBJECTS, AND THE PARTIES EXPRESSLY EXCLUDE FROM THEIR AGREEMENT ANY TERMS IN ANY DOCUMENT PROVIDED BY BUYER.
FilmTec Corporation
Item # Goods Description Quantity Unit Price* Amount*
Shipping Marks
CONTACT: John Shibilski [email protected]
Ph.: Fax:
Document Date Order Number
10/22/2025 41175660
Customer P.O. number
10222025 10/22/2025
5400 DEWEY HILL RD
EDINA MN 55439-2085
UNITED STATES
Revision QUOTATION Page 5 of 6
EXHIBIT 1
120
FilmTec Corporation
STANDARD CONDITIONS OF SALE
1. Seller warrants only that (a) any products or services provided hereunder meet Seller's standard specifications for the same or such other specifications as may have been expressly agreed to herein; (b) the sale of any products or services provided hereunder will not infringe the claims of any validly issued United States patent covering such product or service itself, but does not warrant against infringement by reason of (i) the use of any information provided, (ii) the use of any product or service in combination with other products, services, or information or in the operation of any process, or (iii) the compliance by Seller with any specifications provided to Seller by Buyer; and (c) all products provided hereunder were produced in compliance with the requirements of the Fair Labor standards Act of 1938, as amended. WITH RESPECT TO ANY PRODUCTS, SERVICES, OR INFORMATION PROVIDED TO BUYER, SELLER MAKES NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER EXPRESS OR IMPLIED WARRANTY. Buyer assumes all risk and liability resulting from use of the products, services, or information delivered hereunder, whether used singly or in combination with other products, services, or information.
2. IN NO EVENT WILL SELLER'S AGGREGATE LIABILITY TO BUYER FOR ALL DAMAGES ARISING FROM ANY AND ALL CLAIMS RELATED TO THE BREACH OF THIS AGREEMENT,
NONDELIVERY, OR THE PROVISION OF ANY PRODUCT, SERVICE, OR INFORMATION COVERED BY THIS AGREEMENT, REGARDLESS OF WHETHER THE FORM OF ACTION IS BASED
ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR OTHERWISE, EXCEED THE TOTAL PRICE PAID BY BUYER TO SELLER FOR THE PRODUCTS, SERVICES, OR INFORMATION IN RESPECT OF WHICH DAMAGES ARE CLAIMED. NO CLAIM SHALL BE ALLOWED FOR PRODUCT THAT HAS BEEN PROCESSED IN ANY MANNER.
FAILURE TO GIVE NOTICE OF A CLAIM WITHIN NINETY (90) DAYS FROM DATE OF DELIVERY, OR THE DATE FIXED FOR DELIVERY (IN CASE OF NONDELIVERY) SHALL CONSTITUTE A WAIVER BY BUYER OF ALL CLAIMS IN RESPECT OF SUCH PRODUCTS, SERVICES, OR INFORMATION. PRODUCTS SHALL NOT BE RETURNED TO SELLER WITHOUT SELLER'S PRIOR WRITTEN PERMISSION. NO CHARGE OR EXPENSE INCIDENT TO ANY CLAIMS WILL BE ALLOWED UNLESS APPROVED BY AN AUTHORIZED REPRESENTATIVE OF SELLER. IN
ADDITION, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO WAIVES ANY CLAIM TO INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR MULTIPLIED DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PROVISION OF ANY PRODUCT, SERVICE, OR INFORMATION. TO THE EXTENT PERMITTED BY
APPLICABLE LAW, THE PARTIES WAIVE AND AGREE NOT TO ASSERT NON-CONTRACTUAL CLAIMS ARISING UNDER STATE LAW RELATING TO THIS AGREEMENT OR THE PROVISION
OF ANY PRODUCT, SERVICE, OR INFORMATION COVERED BY THIS AGREEMENT, AND THIS AGREEMENT SHALL BE DEEMED TO INCLUDE SUCH LANGUAGE AS MAY BE REQUIRED TO EFFECT SUCH WAIVER. WAIVER BY EITHER PARTY OF ANY DEFAULT BY THE OTHER HEREUNDER SHALL NOT BE DEEMED A WAIVER BY SUCH PARTY OF ANY DEFAULT BY THE OTHER WHICH MAY THEREAFTER OCCUR.
3. No liability shall result from delay in performance or nonperformance, directly or indirectly caused by circumstances beyond the control of the party affected, including, but not limited to, act of God, fire, explosion, flood, war, act of or authorized by any Government, accident, labor trouble or shortage, pandemic, inability to obtain material, equipment or transportation, failure to obtain or hardship in obtaining reasonably priced supplies of materials, or failure of usual transportation mode. Quantities so affected may be eliminated from the agreement without liability, but the agreement shall remain otherwise unaffected. Seller shall have no obligation to purchase supplies of the product specified herein to enable it to perform this Agreement.
4. If for any reason including but not limited to Force Majeure Seller is unable to supply the total demand for products specified herein, Seller may distribute its available supply among any or all purchasers, as well as departments and divisions of Seller, on such basis as it may deem fair and practical, without liability for any failure of performance which may result therefrom.
5. Seller may furnish such technical assistance and information as it has available with respect to the use of the products or services covered by this agreement. Unless otherwise agreed in writing, all such information will be provided gratis. Buyer agrees to evaluate such information, to make an independent decision regarding the suitability of such information, products and services for Buyer's application, and only use such products, services and information pursuant to then current good product stewardship principles and all regulatory requirements applicable to Buyer's business.
6. Buyer acknowledges that it has received and is familiar with Seller's labeling and literature concerning the products and its properties. Buyer will forward such information to its employees, contractors and customers who may distribute, handle, process, sell or use such products, and advise such parties to familiarize themselves with such information. Buyer agrees that products sold hereunder will not knowingly be resold or given in sample form to persons using or proposing to use the products for purposes contrary to recommendations given by Seller or prohibited by law, but will be sold or given as samples only to persons who can handle, use and dispose of the products safely. Unless agreed to by Seller in a written agreement covering such use, in no event shall Buyer use products or resell products for use in the manufacture of any implanted medical device. Buyer agrees that export of any product, service or information provided hereunder shall be in accordance with applicable Export Administration Regulations.
7. Except as may be contained in a separate trademark license, the sale of product (even if accompanied by documents using a trademark or trade name of Seller) does not convey a license, express or implied, to use any trademark or trade name of Seller, and Buyer shall not use any trademark or trade name of Seller in the conduct of its business without Seller's prior written consent.
8. The Buyer shall reimburse the Seller for all taxes, (excluding income taxes) excises or other charges which the Seller may be required to pay to any Government (National, State or Local) upon the sale, production or transportation of the products, services, or information sold hereunder.
9. In the event Buyer fails to fulfill Seller's terms of payment, or in case Seller shall have any doubt any time as to Buyer's financial responsibility, Seller may decline to make further deliveries except upon receipt of cash or satisfactory security.
10. This agreement is not assignable or transferable by Buyer, in whole or in part, except with the prior written consent of Seller. Seller reserves the right to sell, assign, or otherwise transfer its right to receive payment under this agreement.
11. Dispute Resolution and Arbitration - Buyer and Seller agree to arbitrate all disputes, claims or controversies whether based on contract, tort, statute, or any other legal or equitable theory, arising out of or relating to (a) this Agreement or the relationship which results from this Agreement, (b) the breach, termination or validity of this Agreement, (c) the purchase or supply of any product, service, or information provided by Seller, (d) events leading up to the formation of Buyer's and Seller's relationship, and (e) any issue related to the creation of this Agreement or its scope, including the scope and validity of this paragraph. The parties shall before and as a condition to proceeding to arbitration attempt in good faith to resolve any such claim or controversy by mediation under the International Institute for Conflict Prevention & Resolution ("CPR") Mediation Procedure then currently in effect. Unless the parties agree otherwise, the mediator will be selected from the CPR Panels of Distinguished Neutrals. Any such claim or controversy which remains unresolved 60 days after the appointment of a mediator or 60 days after good faith efforts by either party to proceed to mediation shall be finally resolved by binding arbitration in accordance with the CPR Rules for Non-Administered Arbitration then currently in effect by three independent and impartial arbitrators, none of whom shall be appointed by either party. This Agreement shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16, to the exclusion of any state laws inconsistent therewith. Such arbitration shall be conducted in a city to be chosen by the arbitrators which is not the principal place of business of either party, and the arbitrators and the parties shall conduct such arbitration in accordance with such procedures as may be necessary to permit use of the then current CPR Arbitration Appeal Procedure. Any judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof. In the event that either party wishes to appeal an award, the parties shall follow the then current CPR Arbitration Appeal Procedure. Buyer and Seller agree not to file or join any class action or class arbitration, seek or consent to class relief, or seek or consent to the consolidation or joinder of its claims with those of any third party. If any clause within this Arbitration Provision (other than the agreement regarding the conduct of the arbitration in the preceding sentence) is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision, and the remainder of the Arbitration Provision will be given full force and effect. If such agreement regarding the conduct of the arbitration is found to be illegal or unenforceable and if the arbitrators permit a class arbitration or consolidated or joined matter to proceed, this entire Arbitration Provision will be unenforceable, and the dispute may be decided by a court. The obligations set forth in this paragraph shall survive the termination or expiration of this Agreement.
12. In addition to these Standard Conditions of Sale, any Special Conditions of Sale set forth on this invoice or in the current price list for the products or services sold hereunder shall apply and are incorporated by reference. Unless otherwise specified therein, title, liability for and risk of loss to Product sold hereunder passes to Buyer upon loading for shipment at Seller's producing location.
13. This Agreement shall be construed and governed by Delaware law, without regard to any applicable conflicts of law provisions, and the terms of the UCC, rather than the United Nations Convention on Contracts for the International Sale of Goods, shall apply.
14. Except as expressly provided in any other term or condition of this Agreement, any provision hereof which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.
15. As part of the sale of goods hereunder, Seller may collect, use and disclose Personal Information about Buyer including company name, address, banking and credit information as well as name, phone number, email address and other contact details of natural persons within Buyer's organization and Buyer's contractors. Seller may share Personal Information with its affiliates and selected third parties around the world in order to complete the sale of goods, as described in Seller's privacy statement. https://www.dupont.com/privacy.html
16. This Agreement supersedes all prior agreements, representations and understandings between the parties (whether written or oral) with respect to its subject matter and constitutes (along with the exhibits and schedules attached hereto) a complete and exclusive statement of the terms of the agreement between the parties with respect to the provision of products or services hereunder. Not by way of limitation of the unqualified nature of the foregoing, Buyer acknowledges, agrees and represents that it is not relying upon, and it has not been induced by, any representation, warranty, statement made by, or other information provided by Seller in connection with its decision to purchase or use any product, service, information or technology, other than the representations and warranties Seller as and only to the extent expressly provided in this Agreement. No modification of this Agreement shall be binding upon Seller unless separately contracted in writing and executed by a duly authorized representative of Seller. No modification shall be effected by the acknowledgment or acceptance of purchase order forms stipulating different conditions. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after receipt of this invoice by Buyer, Buyer shall be deemed to have accepted the terms and conditions hereof and, in the absence of such notification, Buyer's acceptance or use of the products, services, information or technology shall be equivalent to Buyer's assent to the terms and conditions hereof.
Ver. 3/5/07
Document Date Order Number
10/22/2025 41175660
Customer P.O. number
10222025 10/22/2025
5400 DEWEY HILL RD
EDINA MN 55439-2085
UNITED STATES
Revision QUOTATION Page 6 of 6
EXHIBIT 1
121
City of Stockton
Legislation Text
File #: 25-1238, Version: 1
ADOPT A RESOLUTION OF INTENTION TO ANNEX TERRITORY AND TO FORM A NEW ZONE
IN THE STOCKTON CONSOLIDATED STORM DRAINAGE MAINTENANCE ASSESSMENT
DISTRICT
RECOMMENDATION
It is recommended that the City Council approve a Resolution of Intention to:
1. Provide intent to annex territory to a Municipal Improvement District and to form the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1, Verona Estates, Zone 16, to maintain and operate storm drainage improvements.
2. Specify that the public interest would be served by establishing the Zone and levying annual assessments for the costs to maintain and operate the storm drainage improvements.
3. Preliminarily approve the Engineer’s Report (Attachment A), approve a proposed boundary map and appoint the Engineer of Work.
4. Set the Public Hearing date on February 3, 2026, and direct the City Clerk to mail public notice to the affected property owners by December 19, 2025, at least forty-five days before the hearing date.
It is also recommended that the City Manager be authorized to take appropriate and necessary action to carry out the purpose and intent of this resolution.
Summary
To comply with Stockton Municipal Code Chapter 13.20 Stormwater Quality Control Criteria Plan (SWQCCP), the Verona Estates, Zone 16 development must install a stormwater quality treatment device. To fund the device’s maintenance and operation, a new zone must be formed in the City of Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1.
All property owners subject to assessment for the storm drain improvements' annual costs submitted written consents for annexation to the City Clerk. Wong Engineers, Inc. of Stockton, California, serving as the Engineer of Work, prepared the attached Engineer’s Report and submitted it for preliminary review and approval, including the annual operation and maintenance cost estimates.
Staff recommends that the City Council approve the proposed Resolution to schedule the Public Hearing on February 3, 2026.
City of Stockton Page 1 of 3 Printed on 12/4/2025
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File #: 25-1238, Version: 1
DISCUSSION
Background
On November 1, 2016, the Central Valley Regional Water Quality Control Board issued the City of Stockton a revised Stormwater National Pollution Discharge Elimination System (NPDES) Permit (Order No. R5-2016-0040-002). The NPDES Permit is a regulatory program under the Clean Water Act administered by the U.S. Environmental Protection Agency (EPA) and state agencies. It is designed to control water pollution by regulating point sources that discharge stormwater runoff into waters of the United States.
Verona Estates, Zone 16 (Attachment B) consists of a 20-lot subdivision in the southeastern area of the City of Stockton. Lots 1 through 16 will be required to participate in the maintenance of the improvement. Lots 17 through 20 will not use the device and are not subject to the assessment.
Individual private bioretention areas for each lot will not be maintained by the assessment district.
These areas will be maintained by each individual property owner.
To comply with the SWQCCP and NPDES permit requirements, the Verona Estates, Zone 16 subdivision proposed to install and maintain a Contech CDS 2015-4-C Hydrodynamic Separator (Separator) on Susan Way. The Separator is a stormwater treatment device approved by the City of Stockton SWQCCP for treating stormwater runoff from this project site.
Present Situation
The Conditions of Approval for any development project require Owners/Developers/Successors-inInterest (ODS) to install certain public stormwater quality improvements and provide operations and maintenance services for the proposed treatment features. As a result, and if approved, Verona Estates, Zone 16, will be created within the existing Consolidated Storm Drainage Maintenance Assessment District No. 2005-1 (Attachment C) to fund costs associated with operating, maintaining, and replacing the Separator.
Funding for Zone 16 will be provided through an annual assessment based on the stormwater runoff from individual parcels. The initial annual assessment for each Verona Estates, Zone 16, parcel in FY 2026-27 totals $1,244.38. Subsequent assessments will be presented to the City Council for consideration annually.
The maximum annual assessment may increase each year by the greater of 3% or the rise in the Consumer Price Index (CPI), if needed to cover higher maintenance costs.
FINANCIAL SUMMARY
The City of Stockton has no financial responsibility for the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1 annexation, Zone 16 formation, or ongoing maintenance. All costs are paid by the property owner/developer through the annual tax roll.
This annexation sets a maximum assessment. The actual FY 2026-2027 levy on developed parcels will be set during the annual Stockton Consolidated Storm Drainage Maintenance District 2005-1 City of Stockton Page 2 of 3 Printed on 12/4/2025
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budget process.
Attachment A - Engineer’s Report
Attachment B - Location Map
Attachment C - Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1 City of Stockton Page 3 of 3 Printed on 12/4/2025
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ENGINEER’S REPORT
VERONA ESTATES ZONE 16
STOCKTON CONSOLIDATED STORM DRAINAGE MAINTENANCE
ASSESSMENT DISTRICT NO. 2005-1
CITY OF STOCKTON
(PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 AND STOCKTON
IMPROVEMENT PROCEDURE CODE, PART V)
FISCAL YEAR 2026-27
PREPARED BY:
Wong Engineers, Inc.
4578 Feather River Drive, Suite A
Stockton, CA 95219
OCTOBER 2025
ATTACHMENT A
125
ENGINEER’S REPORT
FOR THE 2026-27 FISCAL YEAR
VERONA ESTATES ZONE 16
STOCKTON CONSOLIDATED STORM DRAINAGE MAINTENANCE
ASSESSMENT DISTRICT NO. 2005-1
CITY OF STOCKTON
(Pursuant to the Municipal Improvement Act of 1913 and
Stockton Improvement Procedure Code, Part V)
The undersigned respectfully submits the enclosed Engineer’s Report as directed by the City Council.
DATED:___________, 2025
Wong Engineers, Inc.
Engineer of Work
BY:
Zachary C. Wong
RCE 48717
I HEREBY CERTIFY that the Engineer’s Report, together with the Assessment District Boundary, Assessment Diagram, and Assessment Roll thereto attached, was filed with me on the _____ day of __________, 2025.
City Clerk, City of Stockton,
San Joaquin County, California
BY:
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment District Boundary Map, Assessment Diagram, and Assessment Roll thereto attached, was approved and confirmed by the City of Stockton, California on the _____ day of __________, 2025.
City Clerk, City of Stockton,
San Joaquin County, California
BY:
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with Assessment District Boundary Map, Assessment Diagram, and Assessment Roll thereto attached, was filed with the Auditor of the County of San Joaquin on the _____ day of __________, 2025.
City Clerk, City of Stockton,
San Joaquin County, California
BY:
ATTACHMENT A
126
TABLE OF CONTENTS
Background..................................................................................................................................... 1 Assessment District Area................................................................................................................ 1 Plans and Specifications ................................................................................................................. 1 Description and Facilities to be Maintained ................................................................................... 2 Allocation of Costs ......................................................................................................................... 2 Method of Assessment Spread........................................................................................................ 3 Annual Escalation ........................................................................................................................... 4 Administration ................................................................................................................................ 4 Estimate of Costs............................................................................................................................ 4 Storm Drainage Maintenance Assessment...................................................................................... 4 Operation Costs................................................................................................................... 5 District Administrative Costs.............................................................................................. 5 Assessment Roll.............................................................................................................................. 6 Exhibits:
Exhibit A: Proposed Assessment Roll
ATTACHMENT A
127
Engineer’s Report
Verona Estates Zone 16
October 14, 2025
The Honorable Mayor and
City Council of the City of
Stockton, CA
To Whom It May Concern:
This report is prepared pursuant to and in compliance with the requirements of the “Municipal Improvement Act of 1913,” as amended, commencing with the Streets and Highways code sections 10000, et. Seq. and the Stockton Improvement Procedure Code, Part V, commencing with the code sections 9-101, et seq, for the creation of a new Zone (Verona Estates Zone 16) in the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1.
BACKGROUND
The Verona Estates project consists of a 20-lot residential subdivision in the southeastern portion of the City of Stockton. The development is being pursued by Sucha Singh Sihota, Jagdish Singh Grewal, and Rajwant Grewal. This project includes drainage improvements which require annual maintenance. The project has elected to use a proprietary device for the treatment of stormwater runoff per the Municipal Separate Storm Sewer (MS4) permit requirements. This report is relative to the proposed Verona Estates Zone 16 of the City of Stockton Consolidated Storm Drainage Maintenance Assessment District, which provides annual funds for the maintenance of various public storm drainage improvements. Exhibit A, the proposed annexation roll, details how each lot will be assessed.
ASSESSMENT DISTRICT AREA
The area proposed to be formed into Zone 16 is described as all of the property within the following assessor’s parcels identified by assessor’s number (APN):
Book Page Parcels
173 004 007
A Boundary Map is attached to this Engineer’s Report as Exhibit B. The Assessment Diagram for Verona Estates Zone 16 is attached to the Engineer’s Report as Exhibit C. A County Assessors Map is also included. Exhibit D shows the areas to be maintained.
PLANS AND SPECIFICATIONS
As various phases of this project are developed, plans and specifications for the storm drainage improvements to be maintained by the funds generated by Verona Estates Zone 16 are filed separately with the City of Stockton and are incorporated into this report by reference.
ATTACHMENT A
128
Engineer’s Report
Verona Estates Zone 16
October 14, 2025
DESCRIPTION AND FACILITIES TO BE MAINTAINED
Public storm drainage improvements are to be installed by the developers as part of the Conditions of Approval for the Verona Estates project. Verona Estates Zone 16 was created to provide funding for the continued maintenance of the storm drainage facilities, which are described below. Lots 1 through 16 will be required to participate in the maintenance of the improvement below. Lots 17 through 20 will not use the device below and are not subject to the assessment. During the installation period for each phase, the developer will maintain the new drainage improvements until the following June 30, at which time the new areas shall be incorporated into the storm drainage improvements already being maintained by the District. Individual private bioretention areas for each lot will not be maintained by the assessment district. These areas will be maintained by the individual property owner.
The following improvements shall be included in Zone 16 upon their completion.
1. Description of Improvements
A. Contech CDS 2015-4-C Hydrodynamic Separator to be maintained on Susan Way.
ALLOCATION OF COSTS
Assessments for the Verona Estates Storm Drainage Maintenance Assessment District are apportioned in a manner intended to fairly distribute the amounts among all assessable developed parcels in proportion to the estimated benefits to be received by each such parcel. The assessment shall be levied on the basis of the adjusted drainage areas of each such lot and/or parcel. A parcel is considered as being developed by reason of having been included as a lot or parcel in the recorded Final Map(s) or being included within the active developed area in the case of an existing parcel. The criteria for apportioning the costs for the maintenance makes use of a dwelling unit equivalent Factor (dueF) to calculate the benefit for all uses in terms of equivalent dwelling units.
The terms, definitions, and procedures followed to develop the annual assessments are as follows:
1. Calculation of Runoff Coefficient
All developed parcels shall be directly proportional to a single-family residential development, assuming 5 developed single-family lots per acre with a runoff coefficient of
0.35. Example Calculation:
Determine dueF per acre for a developed parcel with a runoff coefficient of 0.65.
Parcel (Developed)
0.65 =
5 Single-Family (Developed)
0.35 = Parcel (Developed) = 9.3 dueF per acre
ATTACHMENT A
129
Engineer’s Report
Verona Estates Zone 16
October 14, 2025
2. Dwelling Unit Equivalent Factor (dueF)
The dueF for each use is as follows:
A. Single-Family Residential
All parcels developed for single-family use shall be determined to have a runoff coefficient of 0.35 and a dueF of 1.0 for each parcel.
3. Computation
Annually, about March 15, following the determination of the dueF for all developed parcels and the determination of the list of developed parcels by APN for the next fiscal year, all single-family residential parcels shall have a due assigned to each parcel equal to the dueF for that parcel. For developed parcels, the sum of the due assigned to each singlefamily due for each other parcel shall equal the total due for the next fiscal year. The total amount of revenue required for the next fiscal year shall then be divided by the total due to calculate the assessment per due for the next fiscal year. Parcels defined as not developed for the purposes of determining the storm drainage maintenance assessments will all have a zero dueF and consequently a zero due and a zero assessment.
4. Allocation of Assessments
The assessment for maintenance for the next fiscal year shall then be set for each parcel as the product of the calculated dwelling unit equivalent (due) for each parcel, multiplied by the assessment per due for the next fiscal year.
METHOD OF ASSESSMENT SPREAD
In compliance with the provisions of Proposition 218, adding Article XIII D to the California Constitution, the benefits conferred on each parcel within Zone 16 of the Stockton Consolidated Storm Drainage Maintenance Assessment District No. 96-2 are particular and distinct benefits (hereinafter “special benefits”) over and above general benefits conferred on such property or to the public at large, in that the individual number-designated zones in the District each represents a common unit to provide storm drainage quality control for the development of the property within the individual number-designated zones in the District generally for residential and related urban uses. Benefits are determined to be 100% special benefits and 0% general benefits. Also, in keeping with the requirements of Proposition 218, no annual individual assessments shall be increased above the amounts assessed under the established criteria for each zone for the preceding fiscal year without an election approval, except as provided by the annual escalation factor.
The assessments are to be levied on the basis of the adjusted drainage areas of each such lots and/or parcels.
Pursuant to Article XIII D, Section 4, of the California Constitution, publicly owned properties which receive special benefit from the improvements must be assessed a proportionate share of the costs thereof.
ATTACHMENT A
130
Engineer’s Report
Verona Estates Zone 16
October 14, 2025
The base objective of the assessment spread is to distribute costs in accordance with the benefits received. Costs will be spread equally to each residential lot.
ANNUAL ESCALATION
The maximum assessment amount for each fiscal year shall be increased in an amount equal to the greater of: 1) three percent (3.0%), or 2) the percentage increase of the Local Consumer Price Index (CPI). Consumer Price Index applied is for the San Francisco-Oakland-San Jose County Area for All Urban Consumers, as developed by the U.S. Bureau of Labor Statistics for a similar period of time.
ADMINISTRATION
It is intended that the City of Stockton, either directly or by subcontract, shall have the responsibility to establish an ongoing Storm Drainage Maintenance Management entity to be known as the Storm Drainage Maintenance District Manager which shall be responsible to establish the annual budget, keep an accounting of the maintenance and operational administrative costs, administer and perform the storm drain maintenance either directly or by subcontract, pay all fees, utility costs, taxes, and any and all other operating costs.
ESTIMATE OF COSTS
The estimated costs are for public storm drainage maintenance only. All initial improvements will be installed by the developer, at no cost to the Storm Drainage Maintenance Assessment District.
The cost of maintaining the improvements will be paid by the developer to the District through the end of the fiscal year (June 30) and until such time as sufficient funds (not to exceed the total maximum assessment) are available from the District’s annual assessments.
Items considered in the maintenance cost include, but are not limited to: regularly scheduled maintenance, and facility repair and replacement at the end of its useful life.
STORM DRAINAGE MAINTENANCE ASSESSMENT
The Verona Estates development is required to ensure that all property owners within the subdivision pay their proportionate share of the cost to maintain the storm drainage quality control facilities within the service area for the subdivision or serving the subdivision.
The annual costs estimated to be collected with the 2026-27 taxes for the initially developed area are as follows.
ATTACHMENT A
131
Engineer’s Report
Verona Estates Zone 16
October 14, 2025
OPERATION COSTS
Maximum
Annual
Assessment
FY 2026-27
Actual
Assessment
Contech CDS 2015-4-C Hydrodynamic Separator
Maintenance/Repair $2,000.00 $2,000.00
Replacement Reserve $2,500.00 $2,500.00
Inspection Management $2,000.00 $2,000.00
TOTAL OPERATION MAINTENANCE COSTS $6,500.00 $6,500.00
DISTRICT ADMINISTRATIVE COSTS
Annual Engineers’ Report $3,500.00 $3,500.00
Publication $200.00 $200.00
City Administrative Fee $5,900.00 $5,900.00
Maintenance District Attorney Fee $1,800.00 $1,800.00
County Administrative Fee $200.00 $200.00
Total Administration Costs $11,600.00 $11,600.00
Total Operation and Administration Costs $18,100.00 $18,100.00 Estimated 10% Contingency $1,810.00 $1,810.00
Total Estimated Revenue Required for 2026-27 Fiscal Year $19,910.00 $19,910.00 Total Estimated Assessment for 2026-27 Fiscal Year $19,910.00 $19,910.00 Total dueF 16 16
Estimated Assessment per dueF $1,244.38 $1,244.38
ATTACHMENT A
132
Engineer’s Report
Verona Estates Zone 16
October 14, 2025
ASSESSMENT ROLL
The assessment roll for proposed Zone 16 for the fiscal year 2026-27 is as follows:
Assessment APN Lot No. Owner No. of
dueF’s
Maximum
Annual
Assessment
1 173-040-
007
1-16 Sucha Singh Sihota,
Jagdish Singh Grewal, and
Rajwant Grewal
16 $19,910.00
Total $19,910.00
The parcels in the Verona Estates subdivision is expected to subdivide upon and subsequent to the proposed annexation to Zone 16. The proposed subdivisions will yield approximately 20 residential lots, but 16 residential lots will utilize the Contech CDS 2015-4-C Hydrodynamic Separator (16 dueFs) and will have a proposed assessment roll, based on the above criteria and budget, as set forth in Exhibit A.
The foregoing Engineer’s Report and the estimate of costs, as well as the Boundary Map and Assessment Diagram, and Assessment Roll which are attached hereto, are presented for your approval by resolution dated this ______________day of _________________, 2025.
WONG ENGINEERS, INC.
ENGINEER OF WORK
BY:
Zachary C. Wong
RCE 48717
ATTACHMENT A
133
EXHIBIT A
PROPOSED ASSESSMENT ROLL
VERONA ESTATES ZONE 16
STOCKTON CONSOLIDATED STORM DRAINAGE MAINTENANCE
ASSESSMENT DISTRICT NO. 2005-1
(PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913
AND STOCKTON IMPROVEMENT PROCEDURE CODE, PART V)
CITY OF STOCKTON, CA
Diagram
Number
County
Assessor
Number
Unit No. Lot No. Maximum
Annual
Assessment
1 173-040-007 Verona Estates 1 $1,244.38
2 173-040-007 Verona Estates 2 $1,244.38
3 173-040-007 Verona Estates 3 $1,244.38
4 173-040-007 Verona Estates 4 $1,244.38
5 173-040-007 Verona Estates 5 $1,244.38
6 173-040-007 Verona Estates 6 $1,244.38
7 173-040-007 Verona Estates 7 $1,244.38
8 173-040-007 Verona Estates 8 $1,244.38
9 173-040-007 Verona Estates 9 $1,244.38
10 173-040-007 Verona Estates 10 $1,244.38
11 173-040-007 Verona Estates 11 $1,244.38
12 173-040-007 Verona Estates 12 $1,244.38
13 173-040-007 Verona Estates 13 $1,244.38
14 173-040-007 Verona Estates 14 $1,244.38
15 173-040-007 Verona Estates 15 $1,244.38
16 173-040-007 Verona Estates 16 $1,244.38
Total: $19,910.00
ATTACHMENT A
134
ATTACHMENT B
135
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Malisa Manor,
Zone 9
Cannery Park,
Zone 2
Riverbend,
Zone 1
Oakmore
Meadows,
Zone 7
Dama Estates,
Zone 4
!(
Silver & Gold
Springs, Zone 5
!(
Westlake Villages,
Zone 11
The Meadowlands
Unit No. 2, Zone 10
!(
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Moss Garden,
Zone 12
Little John
Creek N & S,
Zone 8
Simbad Estates,
Zone 3
Old Oak Estates,
Zone 6
!(
ProLogis Park
at Duck Creek
Zone 13
0 0.5 1 2 Miles ®
Stockton Consolidated Storm Drainage
Maintenance Assessment District 2005-1
City Limits
Legend
Calaveras Estates,
Zone 14
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Verona Estates
Zone 16
ATTACHMENT C
136
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION OF INTENTION TO ANNEX TERRITORY TO A MUNICIPAL
IMPROVEMENT DISTRICT AND TO FORM A ZONE TO MAINTAIN AND OPERATE
STORM DRAINAGE IMPROVEMENTS, PROVIDE ANNUAL ASSESSMENTS,
APPROVE A PROPOSED BOUNDARY MAP AND APPOINT ENGINEER OF WORK
CITY OF STOCKTON
STOCKTON CONSOLIDATED STORM DRAINAGE MAINTENANCE ASSESSMENT DISTRICT NO. 2005-1
VERONA ESTATES - ZONE 16
The City of Stockton proposes to annex territory into an existing municipal improvement district, initiate special assessment proceedings for the annexation and formation of Verona Estates, (Zone 16), and assess annual storm drainage operation and maintenance costs to the benefiting parcels in Zone 16; and The storm drainage improvements to be maintained in Zone 16, as described in Exhibit A, will serve the property within Zone 16 in accordance with the subdivision’s development agreement between the owner and the City; and The public interest and conveniences will be served by the proposed proceedings; and
These proceedings finance the ongoing maintenance, repair, replacement, and operation of the storm drainage improvements in Zone 16, installed or to be installed by the owner at no cost to the City of Stockton. Annual costs will be assessed to benefit lots and parcels based on adjusted drainage acres, as calculated each year by the appointed engineer. The engineer will submit an annual budget and assessment roll to the City Clerk and City Council for approval, in accordance with Article 5 of Division of the City Improvement Procedure Code; and
Under the authority of the Municipal Improvement Act of 1913 and the Stockton Improvement Procedure Code, the City Council intends to annex territory to a municipal improvement district and form Zone 16 to fund the annual repair, replacement, maintenance, and operation of storm drainage improvements through annual assessments on benefiting parcels within Zone 16; and
The City Council finds that the land specially benefited by the storm drainage improvements is shown on the map titled “Proposed Amended Boundaries (Verona Estates Annexation) of Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1,” on file with the City Clerk and presented at this 137
meeting. This area shall be designated as the “Verona Estates Annexation, Stockton Consolidated Storm Drainage Maintenance Assessment District No. 2005-1”; and The City Council desires to designate an Engineer of Work; and Pursuant to Article XIIID, Section 4 of the California Constitution, publicly owned properties benefiting from the improvements must pay a proportionate share of the costs; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Recitals. The above recitals are true and correct, and the City Council so finds and determines.
2. Intention. The public interest requires, and the City Council intends, to annex territory and create Zone 16 to levy annual assessments covering the costs of maintaining and operating storm drainage improvements serving Zone 16. These costs may include rent, repairs, equipment replacement, utilities, supervision, and any necessary replacements, improvements, or extensions to ensure proper operation.
3. Division 4 Exception. Under Section 2086 of the California Streets and Highways Code, Division 4 of that Code does not apply to these proceedings.
4. Law Applicable. The annexation proceedings and formation of Zone 16 will follow the Municipal Improvement Act of 1913 (Division 12, Sections 10000 and following) and the Stockton Improvement Procedure Code (Stockton Code).
5. Consent. All property owners subject to assessment have submitted written consents to the City Clerk for the annexation and formation of Zone 16, which are hereby accepted.
6. Special Benefit and Boundary Map. In the City Council’s opinion, the maintenance and operation of the storm drainage improvements provide more than local benefit. The costs are therefore chargeable to Zone 16, as shown on the map on file with the City Clerk, which defines the zone’s boundaries and governs all related details.
7. Engineer’s Report. The annual operation and maintenance costs are referred to Wong Engineers, Inc., Stockton, California, as the Engineer of Work, who is directed to file a written report with the City Clerk including, among other items, the following:
A general description of the storm drainage improvements to be operated and maintained.
138
(a) A reasonable estimate of all costs and expenses of
maintaining and operating the improvements.
(b) A diagram showing, as they existed at the time of the passage of this Resolution, all the following:
(1) The exterior boundaries of the territory to be annexed to the assessment district.
(2) The boundaries of Zone 16.
(3) The lines and dimensions of each parcel in Zone 16.
Each subdivision on the diagram shall be assigned a separate number. If the diagram references county assessor’s maps for parcel boundaries and dimensions, those maps shall control all such details. (c) A proposed annual assessment of operation and maintenance costs for Zone 16, apportioned to each numbered subdivision based on its adjusted drainage acreage and estimated benefits.
(d) A proposed maximum assessment for each subdivision in the district.
See the Engineer’s Report for detailed descriptions of the improvements, annexation boundaries, and proposed assessments on assessable lots within the annexation area.
8. Public Hearing and Notice. Under the Act and Stockton Code, the City Council orders a Public Hearing on February 3, 2026, at the City Council Chambers, 425 N. El Dorado Street, Stockton, California, 95202, to decide on the annual storm drainage costs, the Engineer’s Report, annexation of territory, Zone 16, and related assessments. The City Clerk will mail notice of public hearing, including the Engineer’s Report, assessment ballot, and protest information, to all affected property owners at least 45 days before the hearing. Notice is considered given when mailed with the City’s name and Clerk’s return address.
9. Contact Person. Dagmara Saini, City of Stockton, is designated to handle protest inquiries and can be contacted during regular office hours at 2500 Navy Dr., Stockton, California 95206. Telephone (209) 937-8155. //
//
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139
10. Effectiveness. This resolution takes effect immediately upon adoption.
PASSED, APPROVED, and ADOPTED December 9, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
140
EXHIBIT 1
Exhibit A
ZONE 16 IMPROVEMENTS TO BE MAINTAINED
Certain public storm drainage improvements are to be installed by the developers as part of the Conditions of Approval for the Verona Estates project. Verona Estates Zone 16 was created to provide funding for the continued maintenance of the storm drainage facilities, which are described below.
The following improvements shall be included in Zone16 upon their completion:
1. Contech CDS 2015-4-C Hydrodynamic Separator to be maintained on Susan Way.
141
City of Stockton
Legislation Text
File #: 25-1264, Version: 1
ADOPT A RESOLUTION TO APPROVE FINDINGS AND AWARD A CONTRACT TO HUBER TECHNOLOGY INC. FOR MATERIALS, ON-CALL REPAIR, AND MAINTENANCE SERVICES
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve findings pursuant to Stockton Municipal Code section 3.68.070 in support of an exception to the competitive bidding process.
2. Authorize a five-year contract with a not-to-exceed amount of $500,000 with Huber Technology Inc. of Denver, NC, for materials, on-call repair, and maintenance services (Exhibit 1 to the Resolution).
It is further recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) includes the Water, Wastewater, and Stormwater utilities that are supported by user fees and regulated for the protection of public health and the environment.
The Wastewater Utility operates the Regional Wastewater Control Facility (RWCF), which is an advanced tertiary wastewater treatment plant with a 55 million gallons per day capacity located next to the San Joaquin River.
The MUD staff operate and maintain equipment used in wastewater treatment including a multi-rake rotating bar screen used to remove floating debris in the Headworks facility. The new Rakemax system, manufactured by Huber Technology Inc., was installed as part of the RWCF Modifications Project and requires routine maintenance, parts and repair to work properly.
If approved by the City Council, this action will authorize a five-year contract with a not-to-exceed amount of $500,000 with Huber Technology Inc. of Denver, NC, for materials, on-call repair, and maintenance services (Exhibit 1 to the Resolution).
DISCUSSION
Background
During the RWCF Modifications Project, the Rakemax system was selected and installed to screen out debris in wastewater influent. The Rakemax system is a rotating bar screen that collects floating debris and prepares the debris for disposal. The Rakemax system is a proprietary brand that requires City of Stockton Page 1 of 2 Printed on 12/3/2025
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File #: 25-1264, Version: 1
Huber Technology parts and certified services to maintain proper operation. Consequently, Huber Technology Inc. is the sole available source for parts and certified service. Following the installation of the system, MUD Maintenance staff were assigned the responsibility of overseeing the maintenance of the system.
Present Situation
The Rakemax system requires routine maintenance, parts and repair to work properly. The proposed contract with Huber Technology Inc. includes materials and services to ensure the system is properly maintained.
If approved by the City Council, this action will authorize a five-year contract with Huber Technology Inc. for a not-to-exceed amount of $500,000.
Findings
According to the Stockton Municipal Code (SMC) section 3.68.070, the City Council may approve findings which support and justify an exception to the competitive bidding process. The following findings support and justify an exception:
1. Huber Technology Inc. is the only source for Rakemax parts and repair services in the United States. Service repairs and parts are a standard maintenance practice required to preserve system operations and screening of wastewater influent.
2. The Rakemax system was installed during the RWCF Modifications Project.
3. The Rakemax system requires the use of original manufacturer parts and service for proper operation and lowest life-cycle cost. The use of any parts and services not supplied by Huber Technology Inc. cancels the existing warranty.
4. The continued maintenance and repair of the Rakemax system is more cost-effective than replacing it with an alternative system and, therefore, best serves public interest.
FINANCIAL SUMMARY
There are sufficient funds in the Wastewater Maintenance Division accounts 6512-000-630013-610- 000-00-65-000-000 and 6512-000-650001-610-000-00-65-000-00 to cover parts, repair, and maintenance services for FY 2025-26. Funding for the remaining contract term will be budgeted in the same accounts, and subject to City Council approval during the annual budget process.
This action has no impact on the General Fund or any other unrestricted funds.
City of Stockton Page 2 of 2 Printed on 12/3/2025
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING FINDINGS AND AWARDING A $500,000 CONTRACT TO HUBER TECHNOLOGY INC. FOR MATERIALS, ON-CALL REPAIR, AND
MAINTENANCE SERVICES
During the RWCF Modifications Project, the Huber Technology Rakemax system (Rakemax) was selected to screen wastewater influent in the Headworks facility; and The Rakemax system is a proprietary brand that requires Huber Technology parts and certified services to maintain proper operation and warranty. Consequently, Huber Technology Inc. is the sole available source for materials, on-call repair, and maintenance services; and
The Rakemax system requires routine maintenance, parts, and repair to work properly; and
The proposed contract with Huber Technology Inc. includes materials, on-call repair, and maintenance services to ensure proper maintenance of the system; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the following findings pursuant to Stockton Municipal Code section 3.68.070 to support and justify an exception to the competitive bidding process:
a. Huber Technology Inc. is the only source for Rakemax parts and repair services in the United States. Service repairs and parts are a standard maintenance practice required to preserve system operations and screening of wastewater influent.
b. The Rakemax system was installed during the RWCF Modifications Project. c. The Rakemax system requires the use of original manufacturer parts and service for proper operation and lowest life-cycle cost. The use of any parts and services not supplied by Huber Technology Inc. cancels the existing warranty.
d. The continued maintenance and repair of the Rakemax system is more cost-effective than replacing it with an alternative system and, therefore, best serves public interest.
2. The City Council authorizes the City Manager to execute a five-year contract with a not-to-exceed amount of $500,000 with Huber Technology Inc. of Denver, 144
NC, for materials, on-call repair, and maintenance services, a copy of which is attached as Exhibit 1 and incorporated by this reference.
3. The City Manager, or designee, is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED December 9, 2025 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
145
1 (ZĞǀ͘ϬϮ.ϭϯ.Ϯϱ)
CITY OF STOCKTON
STANDARD AGREEMENT
1. This Agreement is entered into between the City of Stockton (“City”) and (“Contractor”) to provide
as set forth in Exhibit A to this Agreement.
_____________________________________________________________________________
2. The term of this Agreement is as follows, unless amended as described in Exhibit A and Exhibit C section 8:
Commences on: Terminates on:
_____________________________________________________________________________
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: $
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
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<(6 ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
______________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
______________________________________________________________________________________________ Authorized Signature Date
______________________________________________________________________________________________ Printed Name and Title of Person Signing
______________________________________________________________________________________________ Address
CITY OF STOCKTON
_________________________________________________________BB________________ Johnny Ford City Manager Date
ATTEST:
____________________________________________________________________________ .DWKHULQH5RODQG&0&,&30& City Clerk
APPROVED AS TO FORM:
/RUL0$VXQFLRQ, City Attorney
BY:
Agreement Number:
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms Conditions
(d) Exhibit D –
H
Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
HUBER Technology, Inc. Parts and Service
6/30/2030
500,000
Maintenance Special Terms and Conditions
Huber Technology
W. Price Ozment Aftermarket Sales Specialist
1009 Airlie Parkway Denver, NC 28037
Digitally signed by: W. Price Ozment
DN: CN = W. Price Ozment email = [email protected] C = US W. Price Ozment Date: 2025.10.01 11:04:16 -04'00' EXHIBIT 1
146
1 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 Contractor to provide OEM repair and replacement parts for the City’s HUBER Rakemax system as requested by the City.
1.2 Contractor to provide on-call repair and maintenance service by HUBER authorized service representative in accordance with the O&M manual.
1.3 Contractor to provide repair, maintenance, and operation training to City personnel as requested by the City.
2. Project Scope
2.1 The Contract shall cover all equipment, parts, and training requested by the City for all HUBER Technology equipment operated at the City’s wastewater treatment plant.
3. Specifications
3.1 All repair and replacement parts, equipment, and consumable materials shall be in accordance with the OEM operations and maintenance manual and be authentic HUBER approved parts.
3.2 All work performed under the scope of this contract shall be in accordance with OEM operations and maintenance manual and be performed by a HUBER service provider.
4. Major Deliverables
4.1 Repair and replacement parts, and consumable materials required for the proper operation of the HUBER Rakemax or other HUBER systems.
4.2 Maintenance and repair service provided by HUBER service providers required for the proper operation of the HUBER Rakemax or other HUBER systems.
5. Tasks That Support the Deliverables
5.1 The City shall provide purchase orders for requested parts or services.
5.2 The City will provide schedules and access for services provided by Contractor.
EXHIBIT 1
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2 (Rev. 10.30.18)
6. Internal and External Standards and Guidelines
6.1 All parts and services provided by the Contractor shall be provided in accordance with the applicable HUBER system operation and maintenance manuals.
6.2 All Contractor service providers shall adhere to all applicable safety requirements while performing work within the scope of this contract.
7. Criteria of Acceptance for Deliverables
7.1 All parts and services shall be subject to inspection and verification by City staff prior to the approval of Contractor submitted invoices.
8. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: _Huber Technology______ City: City of Stockton _1009 Airlie Parkway_____ Attn: City Manager
_Denver, NC 28037______ 425 N. El Dorado Street
______________________ Stockton, CA 95202
9. Key Personnel
City’s Contract Manager – Program Manager III or designee.
Senior Plant Maintenance Supervisor
10. Option to Renew.
The term of the Agreement may not be extended. The total term of the Agreement including the extended term shall not exceed 5 years.
EXHIBIT 1
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Exhibit B:
Insurance Requirements
(Equipment Maintenance & Repair)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or EXHIBIT 1
149
REV 2024-03-25
operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
EXHIBIT 1
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REV 2024-03-25
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (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 w ith another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and EXHIBIT 1
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endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT 1
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(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZDͿ
EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 EXHIBIT 1
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(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZDͿ
to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 EXHIBIT 1
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(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZDͿ
control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that DOO6XEFontractorV must issue W-2 IRUPVRURWKHUIRUPVDVUHTXLUHGE\ODZIRULQFRPHDQGHPSOR\PHQWWD[SXUSRVHVIRUDOO RI6XEFRQWUDFWRUVSHUVRQQHO
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received. 3 EXHIBIT 1
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(Rev. 10.30.18; Mod 0ϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZD)
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.
Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors. Indemnity and Hold Harmless. 7R WKH IXOOHVW H[WHQW SHUPLWWHG E\ ODZ &RQWUDFWRU VKDOO KROG KDUPOHVV GHIHQG DQG LQGHPQLI\ &LW\ RI 6WRFNWRQ DQG LWV RIILFHUV RIILFLDOV HPSOR\HHV DQG YROXQWHHUV IURP DQG DJDLQVW DQ\ DQG DOO OLDELOLW\ ORVV GDPDJH H[SHQVH FRVWV
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Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
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. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 EXHIBIT 1
156
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZDͿ
17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
5 EXHIBIT 1
157
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZDͿ
24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
6 EXHIBIT 1
158
(Rev. 10.30.18; Mod Ϭϱ͘Ϭϴ͘ϮϯZD͖DŽĚϬϯ͘Ϯϳ͘ϮϰZDͿ
29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
7 EXHIBIT 1
159
1 (Rev. 07.12.22)
EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other EXHIBIT 1
160
2 (Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed EXHIBIT 1
161
3 (Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.
7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
EXHIBIT 1
162
4 (Rev. 07.12.22)
8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
EXHIBIT 1
163
1 (Rev. 10.30.18)
EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $500,000.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 Standard Reimbursable Items: Only the reimbursable items identified in Exhibit A, C, and D (Compensation), shall be compensated to the Contractor.
Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
EXHIBIT 1
164
2 (Rev. 10.30.18)
1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed _N/A_%.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Task Price
1 On-site Service (per hour) $170.00
2 Travel (per hour) $170.00
3 Manufacturing/Engineering Services – At
Contractor site (per hour)
$170.00
4 Product Training $170.00
5 Overtime Service per hour (in excess of 8
hours)
$240.00
6 Double Time Service per hour (Sunday,
Holiday, or in excess of 12 hours)
$340.00
3. Hourly Rates. The hourly rates for services requested by the City shall be in accordance with the Contractor’s submitted hourly rates for the applicable Agreement period. Contractor shall be compensated based on the submitted hourly rates approved by the City for the applicable Agreement period on a time and material basis for those services that are within the general scope of services of this Agreement and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.
4. Additional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:
Title Unit Price
N/A $
5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton Municipal Utilities Department
Attention: MUD Finance
425 N. El Dorado Street
Stockton, CA 95202
EXHIBIT 1
165
1 (Rev, 10.27.22)
EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A as follows:
1.1 TIMELINE FOR COMPLETION OF WORK
1.1.1 Schedule for requested service (within 3 business days of request).
1.1.2 Confirmation of ship date for requested parts (within 3 business days of order being placed.)
EXHIBIT 1
166
City of Stockton
Legislation Text
File #: 25-1342, Version: 1
APPROVE FINDINGS AND A MOTION TO EXECUTE A STANDARD AGREEMENT WITH EPIC PRODUCTIONS OF PHOENIX, LLC, IN AN AMOUNT NOT TO EXCEED $88,000
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code (SMC) §3.68.070 supporting an exception to the competitive bidding process (sole source) for online recruiting services; and
2. Authorize the City Manager to execute a one-year Professional Services Agreement (PSA) with Epic Productions of Phoenix, LLC, in an amount not to exceed $88,000. (Attachment A).
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.
Summary
The Stockton Police Department (SPD) requests City Council approval of a one-year PSA with Epic Productions of Phoenix, LLC (Epic). Through this agreement, Epic will provide comprehensive recruitment services, including video production, photography, and development of a dedicated recruitment website to enhance SPD’s online presence and outreach efforts.
These services are designed to strengthen SPD’s ability to attract and hire a qualified and diverse workforce. By expanding recruitment visibility and improving engagement with prospective applicants, the proposed agreement will support SPD in addressing ongoing challenges related to obtaining a strong applicant pool for sworn personnel.
DISCUSSION
Background
Over the past year, SPD has experienced a steady decline in both the number of applicants for the Police Officer position and the number of candidates who successfully qualify for eligibility lists, a trend seen nationwide across law enforcement agencies.
To address this challenge, SPD expanded its search for digital recruitment solutions and marketing partners. During this process, Epic Productions of Phoenix, LLC was identified as one of the few firms capable of providing a comprehensive suite of recruitment services tailored to law enforcement, including video production, photography, and development of a dedicated recruitment website to City of Stockton Page 1 of 3 Printed on 12/3/2025
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File #: 25-1342, Version: 1
enhance SPD’s online presence and outreach efforts.
On March 21, 2023, Council approved Motion 2023-03-21-1204, authorizing a one-year digital recruiting services agreement with Epic for an amount not to exceed $190,000. The system was implemented successfully and supported all areas of digital recruiting. When the contract expired on March 31, 2024, SPD entered into a six-month agreement, not to exceed $36,000, effective January 1 through June 30, 2025. At the end of that term, the need for continued services still remained.
Present Situation
SPD currently has more than fifty vacant law enforcement positions. These vacancies impact the SPD’s ability to advance the Council’s crime-reduction priorities. As vacancies continue to rise, leveraging specialized outside resources has become essential to strengthening recruitment efforts.
Epic Productions of Phoenix, LLC is the only vendor SPD has identified that focuses exclusively on law enforcement recruitment and offers a comprehensive, multi-faceted strategy to attract diverse and highly qualified candidates. Their work with agencies nationwide has produced strong, datasupported results, and they provide solutions that general marketing firms have been unable to match for SPD’s specific recruitment needs.
Under the proposed agreement, Epic Productions of Phoenix, LLC will deliver a full digital recruiting campaign, including video production, photography, social media content, a dedicated recruitment website, and ongoing maintenance and support.
With the prior contracts executed since 2023 totaling $226,000, staff recommends that the City Council approve a new PSA with Epic Productions of Phoenix, LLC, in an amount not to exceed $88,000 to continue providing online recruitment services.
Findings
Pursuant to SMC section 3.68.070, Council may approve findings that support an exception to the competitive bidding process. These findings include:
1. The Sole Source is appropriate for a recruiting campaign to expand outreach efforts to fill a steady vacancy of 50 plus law enforcement positions.
2. Epic is the only vendor SPD has identified that focuses solely on law enforcement recruitment and provides a comprehensive, multi-faceted approach to attract a diverse yet qualified group of candidates.
3. Epic provides outreach strategies and a well-developed branding campaign to enhance current recruitment efforts to qualifying candidates.
4. Epic can seamlessly integrate new recruitment efforts to the existing SPD recruiting website.
Contracting with a new vendor may not deliver maximum results and could result in increased costs to the City.
City of Stockton Page 2 of 3 Printed on 12/3/2025
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File #: 25-1342, Version: 1
FINANCIAL SUMMARY
The Fiscal Year 2025-26 Annual Budget includes appropriation to cover the cost to award a contract to Epic Productions of Phoenix, LLC, for online recruiting services in the amount of $88,000 in the Personnel Division Publicity and Advertising Account.
Attachment A - Standard Agreement
Attachment B - Epic Quote
City of Stockton Page 3 of 3 Printed on 12/3/2025
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CITY OF STOCKTON
STANDARD AGREEMENT
1 This Agreement is entered into between the City of Stockton ("C1tf) and Lgreement Number. I
Epic Productions of Phoenix LLC ("Contractor") to provide ao·• .,.,.,.,. -., IO!rVU15 ■r<1 "'-lM[l'lfN'N •- 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- December 15, 2025 Terminates on December 14, 2026
3. The maximum not to exceed amount to be paid to Contractor for the term of this Agreement, including if authorized, reimbursement of expenses, is: S !88,000 l
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 (If applicable check box)YES D IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
Contract s Name er than an individual, state whether a corporation, partnership, etc)' � JI/Jo/�'J
Printed Name and Title of Person Signing
3 r I 0 JV 1-'!:' f--hi s+ .:P: I Io
Address
CITY OF STOCKTON
Johnny Ford, City Manager
ATTEST:
Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
Lori M. Asuncion, City Attorney
BY:
(Rev. 08 14.25)
1 Date
Date
ATTACHMENT A
170
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
1.1 Contractor shall provide continued services for online recruitment campaigns through video production and photography on the previously implemented recruiting website
2. Project Scope
2.1 Contractor will provide services for digital advertising.
2.2 Contractor will provide maintenance to the existing recurring website
3. Specifications
3.1 Contractor will provide 12 months (1 year) of digital advertising services and maintenance on the existing recruitment website, implemented in 2023
3.1.1 Select geographic target locations/opportunities for optimal campaign exposure.
3.1.2 Google, YouTube advertising, Social Media advertising
3.1.3 Post on social media (Facebook, Twitter, Instagram, etc.)
3.1.4 Track/re-target visitors to the recruiting website.
3.1.5 Analyze analytical data & provide monthly performance reports
3.1.6 2 years hosting and maintenance SPD recruiting website.
4. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Epic Productions, LLC City: City of Stockton 3719 N. 75th St Suite #110 Attn: City Manager
Scottsdale, AZ 425 N. El Dorado Street
85251 Stockton, CA 95202
ATTACHMENT A
171
5. Key Personnel
Sam Blonder
CEO/Member
Epic Productions of Phoenix, LLC
ATTACHMENT A
172
Exhibit B:
Insurance Requirements for Services
(Marketing & Advertising Services)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or
ATTACHMENT A
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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 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.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or City of Stockton.
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Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City of Stockton.
Claims Made Policies (Professional & Pollution only)
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause 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. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
425 N El Dorado Street
Stockton, CA 95202
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree 1 ATTACHMENT A
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to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense.
Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9. 1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City. Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 2 ATTACHMENT A
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control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.
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
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11. 2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing. Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement.
These obligations shall survive the completion or termination of this agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person. 4 ATTACHMENT A
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17. Licenses, Certifications and Permits. Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.
18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.
19. Confidentiality. Contractor shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
20. Conflicts of Interest. Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.
21. Waiver. In the event either City or Contractor at any time waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or of any other covenant, condition or obligation. No payment, partial payment, acceptance, or partial acceptance by City shall operate as a waiver on the part of City of any of its rights under this Agreement.
22. Governing Law. California law shall govern any legal action pursuant to this Agreement with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.
23. No Personal Liability. No official or employee of City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount due Contractor.
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24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.
25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial
assistance.” (42 USC Section 2000d).
http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26. Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
27. Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business.
28. Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
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29. Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
30. Heading Not Controlling. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.
31. Entire Agreement, Integration, and Modification.
31.1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.
31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
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EXHIBIT D
PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other
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losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed
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basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Personnel
6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.
6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.
6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.
7. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
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8. Findings Confidential
All of the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
9. Copyright
No materials, including but not limited to reports, maps, or documents produced as a result of this Agreement, in whole or in part, shall be available to Contractor for copyright purposes. Any such materials produced as a result of this Agreement that might be subject to copyright shall be the property of the City and all such rights shall belong to the City, and the City shall be sole and exclusive entity who may exercise such rights.
10. Deliverables
Contractor shall prepare or provide to the City various Deliverables. "Deliverables" include work product, such as written reviews, recommendations, reports and analyses, produced by Contractor for the City. The City may reject Deliverables that do not include relevant information or data, or do not include all documents or other materials specified in this Agreement or reasonably necessary for the purpose for which the City made this Agreement or for which the City intends to use the Deliverables. If the City determines that Contractor has failed to comply with the foregoing standards, it has 30 days from the discovery to notify Contractor of its failure. If Contractor does not correct the failure, or if it is possible to do so, within 30 days after receipt of notice from the City specifying the failure, then the City, by written notice, may treat the failure as a default of this Agreement.
Partial or incomplete Deliverables may be accepted for review only when required for a specific and well-defined purpose and when consented to in advance by the City. Such Deliverables will not be considered as satisfying the requirements of this Agreement and partial or incomplete Deliverables in no way relieve Contractor of its commitments under this Agreement.
11. Applicable Laws
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
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EXHIBIT E
COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:
1. Project Price
1.1 The maximum the Contractor shall be paid on this Agreement is $88,000 (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 City shall not pay a markup on any of the items listed in i, ii or iii.
Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference.
Reimbursement shall be made at actual costs with no markup added to the actual cost.
1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached.
Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
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1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
1.5 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed N/A%.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Task Price
1 12 Month Online Recruiting Campaign $70,000
2 Admin Online marketing management fee $18,000
TOTAL PRICE $88,000
5. Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the below address:
City of Stockton Police Department
Attention: Fiscal Affairs
22 E Weber Ave. 4th Floor
Stockton, CA 95202
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EXHIBIT F
TIMELINE
1. Contractor shall complete the requested services identified in Exhibit A.
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•
epic
Estimate Id
Issue Date
Subject
Description
54373
08/06/2025
1 Year Online Recruiting (Web Hosting and
Maintenance)
Online Marketing Campaign
(12) Month Online Recruiting Campaign
• Select geographic target locations/opportunities for optimal campaign exposure • Google, YouTube Advertising, Social Media Advertising • Post on Social Media (Facebook, Twitter, lnstagram, etc) • Track/Re�target Visitors to the Recruiting Website
• Analyze Analytical Data & Provide Monthly Performance Reports • 2 years Hosting and maintenance SPD Recruiting Website Admin Online marketing management fee