City Council and Concurrent Authorities
January 13, 2026

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
4:00 PMTuesday, January 13, 2026
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 26-0016 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: One
Name of Case: Juanita Louise Mendoza, et al. v. City of Stockton, et al., (San Joaquin County Superior
Court Case No. STK-CV-UPI-2024-7296)
This Closed Session is authorized pursuant to section 54956.9(d) (1) of the Government Code to discuss matters
pertaining to existing litigation.

Department: City Attorney

3.2 26-0017 CONFERENCE WITH LABOR NEGOTIATOR

1 January 13, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final
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: Human Resources

3.3 26-0047 PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL RELEASE Recommended Action: This Closed Session is authorized pursuant to Government Code Section 54957.

Department: None

3.4 26-0052 PUBLIC EMPLOYEE APPOINTMENT
Recommended Action: This Closed Session is authorized pursuant to Government Code section 54957.

Title: City Attorney
Department: None

3.5 26-0049 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Manager

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

Department: None

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***

2 January 13, 2026City Council and Concurrent
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Meeting Agenda - Final

10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

12. CONSENT AGENDA

12.1 25-1417 ACCEPT COMMITTEE MINUTES FOR FILING
Recommended Action: RECOMMENDATION
Accept for filing minutes from the Charter Review Ad-Hoc Committee Department: City Clerk
Attachment A – MinutesAttachments:

12.2 26-0014 APPROVAL OF CITY COUNCIL MINUTES
Recommended Action: RECOMMENDATION
Approve the minutes from the City Council meeting of November 4, 2025 Department: City Clerk
Attachment A - 2025-11-04Attachments:

12.3 26-0036 APPOINTMENT TO COMMUNITY DEVELOPMENT COMMITTEE Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the appointment of Phillip Herrera to the Community Development Committee for a term commencing February 1, 2026, and expiring January 31, 2030.

Department: City Clerk
Attachment A - Redacted Application
Proposed Resolution - Appointment CDC
Attachments:

12.4 25-1314 APPROVE A MOTION AUTHORIZING AN AMENDMENT TO CONTRACT NO. 425000459 WITH TDA CONSULTING INC. TO

CONTINUE PROFESSIONAL CONSULTANT SERVICES RELATED

TO AFFORDABLE HOUSING PROJECTS

3 January 13, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Authorize an amendment with TDA Consulting Inc. in the amount of $171,000 to continue consultant services related to affordable housing programs and projects;

2. Authorize the allocation and appropriation of HOME Investment Partnerships Program (HOME), HOME American Rescue Plan Program (HOME-ARP), Homeless Housing Assistance and Prevention Program (HHAP), Permanent Local Housing Allocation Program (PLHA) and Low- and Moderate-Income Housing Fund (LMIHF) funding for this purpose;

3. Approve findings pursuant to Stockton Municipal Code (SMC) section

3.68.070 in support of an exception to the competitive bidding process; and

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

Department: Economic Development
Attachment A - TDA Contract
Attachment B - TDA Contract Amendment 1
Attachments:

12.5 25-1424 APPROVE MOTION TO ENTER INTO A NEW CONTRACT WITH

NATIONAL PUBLIC SAFETY GROUP (NPSG) FOR A THREE-YEAR

CONTRACT FOR CONSULTING SERVICES FOR EMERGENCY

DISPATCH AND RECORDS MANAGEMENT SOFTWARE SYSTEMS

FOR STOCKTON FIRE AND POLICE DEPARTMENTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Award a Professional Services Contract to National Public Safety Group (NPSG) for a term of three (3) years with an option to renew for two (2), one (1) year extensions for consulting services for emergency dispatch and records management software systems, in the amount of $744,946;

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

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

Department: Information Technology
Attachment A - NPSG AgreementAttachments:

12.6 25-1414 ADOPT A RESOLUTION TO APPROVE FINDINGS AND AWARD A

CONTRACT TO TROJAN TECHNOLOGIES FOR REPLACEMENT

PARTS, ON-CALL REPAIR AND MAINTENANCE SERVICES

4 January 13, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final
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 Trojan Technologies of London, Ontario, Canada, not-to-exceed $1,250,000, for materials as well as 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:

12.7 25-1422 APPROVE MOTION TO AUTHORIZE CONTRACT AMENDMENT NO.1

WITH BROWN AND CALDWELL FOR THE PRESSURE-BASED

DIGESTER GAS CONTROL SYSTEM FOR THE RWCF

COGENERATION PLANT PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion authorizing Contract Amendment No. 1 with Brown and Caldwell of Rancho Cordova, CA, for the Pressure-Based Digester Gas Control System for the Regional Wastewater Control Facility (RWCF) Cogeneration Plant Project. If approved, Amendment No. 1 will add $120,573 to the contract and extend its term by 90 days, bringing the total contract amount to $198,047.

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
Attachment A - Amendment No. 1Attachments:

12.8 26-0028 COUNCIL AD-HOC COMMITTEE ON HOMELESSNESS
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a resolution to re-reestablish an Ad-Hoc Homelessness Committee to serve in an advisory capacity to explore opportunities for safe camping and safe parking while looking for proven programs and partnerships focused on finding solutions for the unhoused.

Department: None
Proposed ResolutionAttachments:

12.9 25-1403 APPROVE MOTION TO EXECUTE A THREE-MONTH AGREEMENT

5 January 13, 2026City Council and Concurrent
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Meeting Agenda - Final

WITH ANIMAL BALANCE FOR STOCKTON ANIMAL SHELTER SPAY

AND NEUTER SERVICES IN A TOTAL NOT-TO-EXCEED AMOUNT
OF $126,000
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Approve findings which support and justify an exception to the competitive bidding process pursuant to Stockton Municipal Code section

3.68.070(A)(3), where the City held a competitive Request for Proposals.

2. Authorize the City Manager to execute a three-month contract between the City of Stockton (City) and Animal Balance for the Stockton Animal Shelter's (SAS) spay and neuter services in an amount not to exceed $126,000 (Attachment A).

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

Department: Police
Attachment A - Animal Balance Master Services Agreement 2025 Attachment B - Cost Proposal PUR 26-015
Attachments:

12.10 25-1339 ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE AND SUBMIT THE TRANSPORTATION DEVELOPMENT
ACT CLAIM FOR FISCAL YEAR 2025-26
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize the City Manager or his designee to:

1. Execute and submit a claim to the San Joaquin Council of Governments for the Transportation Development Act tax revenue for the 2025-26 fiscal year.

2. Receive and deposit the proceeds in Transportation Development Act Fund 245 pursuant to State of California requirements.

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
Proposed ResolutionAttachments:

12.11 26-0002 ADOPT RESOLUTION TO AUTHORIZE THE FIRE COMPANY 2 EMERGENCY COMMUNICATIONS CENTER REMODEL PHASE 1

PROJECT

6 January 13, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Appropriate funds in the amount of $330,000 from the existing Emergency Communications Division sub-fund balance for Emergency Communications Center remodel costs associated with expanded dispatch operations.

2. Transfer funds in the amount of $330,000 from the Stockton Fire Department Emergency Communications Division sub fund to the Fire Company 2 Emergency Communications Division Remodel Phase 1, Project No. OM-26-011.

3. Award a Construction Contract in the amount of $119,000, to Pridex Construction Group, Inc., dba PCG Engineering of Folsom, CA, for the Fire Company 2 Emergency Communications Division Remodel Phase 1, Project No. OM-26-011.

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
Proposed Resolution
Exhibit 1 - Construction Contract
Attachments:

12.12 25-1420 APPROVE MOTION TO AUTHORIZE THE PURCHASE OF VANS Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Award a Standard Agreement in the amount of $428,464.88 to Downtown Ford of Sacramento, CA, for the Purchase of Sedans, Vans, and SUVs, Project No. OM-25-122.

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

Department: Public Works
Attachment A - Vehicle Replacement List
Attachment B - Standard Agreement 02.13.2025
Attachments:

12.13 25-1421 APPROVE MOTION TO AUTHORIZE THE PURCHASE OF VARIOUS TRUCKS

7 January 13, 2026City Council and Concurrent
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Award a Standard Agreement in the amount of $2,669,611 to Big Valley Ford of Stockton, CA, for the Purchase of Various Trucks, Project No.

OM-25-123.

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

Department: Public Works
Attachment A - Vehicle Replacement List
Attachment B - Standard Agreement
Attachments:

13. ADMINISTRATIVE MATTERS

14. UNFINISHED BUSINESS

15. HEARINGS**

15.1 25-1436 A PUBLIC HEARING TO ADOPT A RESOLUTION APPROVING THE AMENDMENT TO THE FISCAL YEAR 2025-26 FEE SCHEDULE FOR

STREET AND SIDEWALK VENDORS
Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Approve a Resolution to amend the FY 2025-26 Fee Schedule to incorporate new and to update fees for street and sidewalk vendor licensing and enforcement, consistent with the 2025-12-16-1212 Ordinance.

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

Department: Police
Proposed Resolution
Exhibit 1
Exhibit 2
Exhibit 3
PPT - 15.1 - Sidewalk Street Vendors
Attachments:

16. NEW BUSINESS

16.1 25-1395 APPOINTMENT TO THE STOCKTON CIVIL SERVICE/EQUAL

EMPLOYMENT COMMISSION

8 January 13, 2026City Council and Concurrent
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Meeting Agenda - Final
Recommended Action: RECOMMENDATION
Adopt a resolution appointing one member to the Civil Service Commission/Equal Employment Commission for a term commencing immediately and ending December 31, 2028.

Department: City Clerk
Attachment A - Redacted Applications
Proposed Resolution - CSC Appointments
Attachments:

16.2 25-1396 APPOINTMENT TO SAN JOAQUIN REGIONAL TRANSIT DISTRICT BOARD
Recommended Action: RECOMMENDATION
Adopt a resolution appointing one commissioner to fill the vacancy on the San Joaquin Regional Transit District Board for a term commencing immediately and ending December 31, 2029.

Department: City Clerk
Attachment A - Redacted Applications
Proposed Resolution - SJRTD Appointment
Attachments:

16.3 25-1397 APPOINTMENT TO THE STOCKTON PORT COMMISSION Recommended Action: RECOMMENDATION
Adopt a resolution appointing one member to fill an upcoming vacancy on the Stockton Port Commission, for a term commencing January 16, 2026 and ending January 15, 2030.

Department: City Clerk
Attachment A - Redacted Applications
Proposed Resolution - Port Commission Appointment
Attachments:

16.4 25-1419 DISCUSSION OF THE AUDIT COMMITTEE REPORT REGARDING THE CHARTER SECTION 406 INVESTIGATION INTO DIVERSITY

EQUITY AND INCLUSION AND POTENTIAL DIRECTION TO STAFF
Recommended Action: RECOMMENDATION
It is recommended the City Council review and discuss the Council Audit Committee report regarding the Committee's Charter Section 406 investigation into Diversity, Equity, and Inclusion and provide direction to staff, if any.

Department: City Clerk
Attachment A - Investigative ReportAttachments:

16.5 25-1360 ADOPT A RESOLUTION DECLARING STOCKTON A

COMPASSIONATE CITY

9 January 13, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:

1. Declaring Stockton a Compassionate City; and

2. Authorizing the City Manager to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

Department: Council Legislation/Environmental Committee Attachment A - Stockton Resolution No. 2017-02-21-1503
Attachment B - SB 54/California Values Act of 2017
Attachment C - Union City Compassionate City Status
Attachment D - Stockton PD - Immigration
Attachment E - Stockton PD Policy Manual - Policy 414
Proposed Resolution - Compassionate City
Attachments:

16.6 26-0053 DISCUSSION REGARDING THE RESULTS OF THE WILD ‘N OUT

INVESTIGATION
Recommended Action: RECOMMENDATION
This item comes back per Council direction at both the August 26, 2025, and December 9, 2025, council meetings to return with results upon completion of the investigation (original and expanded).

Department: City Attorney
Attachment A - Executive Summary
Attachment B - Costs
Attachments:

17. CITY MANAGER'S UPDATE

18. COUNCIL COMMENTS

19. ADJOURNMENT

1. INFORMATIONAL ITEMS

1.1 26-0018 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.

Department: City Clerk
Leg 2025-08-25
Leg 2025-09-15
Attachments:

10 January 13, 2026City Council and Concurrent
Authorities
Meeting Agenda - Final

CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on January 8, 2026 in compliance with the Brown Act.

Katherine Roland, CMC, CPMC
City Clerk
By: ________________________________

Deputy

11 January 13, 2026City Council and Concurrent
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Meeting Agenda - Final

PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. The time limit for public comment is four (4) minutes and remains at the discretion of the presiding officer and changes shall be set at the start of the meeting. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.

**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.

The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:

1. Email - you may email your comments to [email protected]

2. Voicemail - you can leave a voice message by dialing (209) 937-8459.

3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. b) Address only issues over which the meeting body has jurisdiction. c) The time limit for public comment is at the discretion of the presiding officer and shall be set at the start of the meeting. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached to the minutes. All comments received after that time will be forwarded as correspondence the following business day. Written and voicemail comments will not be read into the record.

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

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

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

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

12 January 13, 2026City Council and Concurrent
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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.

13 January 13, 2026City Council and Concurrent
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14 City of Stockton
Legislation Text
File #: 26-0016, Version: 1

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
Number of Cases: One
Name of Case: Juanita Louise Mendoza, et al. v. City of Stockton, et al., (San Joaquin County Superior Court Case No. STK-CV-UPI-2024-7296)
This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code to discuss matters pertaining to existing litigation.

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File #: 26-0017, 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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Legislation Text
File #: 26-0047, Version: 1

PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL RELEASE
This Closed Session is authorized pursuant to Government Code Section 54957.

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Legislation Text
File #: 26-0052, Version: 1

PUBLIC EMPLOYEE APPOINTMENT
This Closed Session is authorized pursuant to Government Code section 54957.

Title: City Attorney
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Legislation Text
File #: 26-0049, Version: 1
PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

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

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Legislation Text
File #: 25-1417, Version: 1

ACCEPT COMMITTEE MINUTES FOR FILING

RECOMMENDATION
Accept for filing minutes from the Charter Review Ad-Hoc Committee Attachment A - Minutes
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Legislation Text
File #: 26-0014, Version: 1

APPROVAL OF CITY COUNCIL MINUTES

RECOMMENDATION
Approve the minutes from the City Council meeting of November 4, 2025 Attachment A - 2025-11-04
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23 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 City of Stockton
Legislation Text
File #: 26-0036, Version: 1

APPOINTMENT TO COMMUNITY DEVELOPMENT COMMITTEE

RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the appointment of Phillip Herrera to the Community Development Committee for a term commencing February 1, 2026, and expiring January 31, 2030.

Summary
Due to the term ending for Commissioner Herrera, there will be a vacancy for the District 4 appointment on the Community Development Committee. Councilmember Enriquez was provided with applications for his review and is nominating Phillip Herrera to be reappointed as the District 4 appointment.

DISCUSSION
Background
The Community Development Committee is a committee that provides the Council with recommendations on the planning and use of funds that the City receives from the U.S. Department of Housing and Urban Development, including Community Development Block Grant, HOME Investment Partnerships Program, and Emergency Solutions Grant funds. As provided for in the Council-adopted Citizen’s Participation Plan, appointments to the Community Development Committee are made by each of the six Councilmembers and the Mayor. The only requirement to serve on the Committee is that the applicant must be a resident of the City of Stockton.

Present Situation
Councilmember Enriquez reviewed applications and made the following nomination for appointment:

District 4: Phillip Herrera

FINANCIAL SUMMARY
Members of the CDC do not receive remuneration.

Attachments
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Attachment A - Redacted Application
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36 Submit Date: Dec 26, 2025
Email Address
First Name
Middle
Initial
Last Name
Street Address
City
State
Postal Code
Primary Phone
Alternate Phone
Employer
Job Title
Occupation
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in?
*

District 4

The City of Stockton uses email as the preferred method of communication regarding your application. Is this acceptable to you?

Yes

No
Employer Address
Are you currently serving on a City of Stockton Board, Commission, or Committee?

Yes

No
Phillip
R
Herrera
Stockton
CA
Phillip R Herrera
37 Which Boards would you like to apply for?
Community Development Committee: Submitted
Question applies to multiple boards
NOTE: This Board requires membership with one of the following groups.

If
none, please remove board from your application.

Are you knowledgeable,
have experience in, or extensive background in any of the following areas? Select all that apply.
*

Active in community activities significant enough to confirm knowledge of issues and individuals within the community

Interests & Experiences
Please tell us about yourself and why you want to serve.

I was born and raised in Stockton and want to be part of making our great city better.

Please state the reason you would like to be a member of this board/commission.

As a former tax auditor, current business owner, and consultant to the Governor's Office of Business and Economic Development I believe my experience would be an excellent fit for the Measure W commitee
Have you served on an advisory group before?

Yes

No
If yes, please explain.

Measure W, California Life Sciences Association; Miracle Mile Improvement District Board Member
How did you hear about the position?
fellow stocktonian
Phillip R Herrera
38 Upload a Resume
City Council Policy 3.03 states that Commissioners are required to attend meetings on a regular basis. If
appointed, will you be able to attend
meetings regularly and devote the time necessary to fulfill your duties as a member?

Yes

No
Do you or immediate family members have any relationship (professional, financial, other) that may present a potential conflict of interest for this
advisory group?

Yes

No
Background Information
Based on your best judgment, does this Commission make decisions that may affect any sources of income, interests in real property, or investments of you or your spouse?

Yes

No
Voter Registration (Questions appear if required)
Submit Application
Please identify any specialized accommodations needed for equal participation:

None
Enter Your Initials:

PRH
Date Signed
12/26/2025
Phillip R Herrera
39 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING AN APPOINTMENT TO THE COMMUNITY

DEVELOPMENT COMMITTEE

Appointments to the Community Development Committee are made by each of the six Councilmembers and the Mayor; and

Due to the term ending of the District 4 appointee, Phillip Herrera, there will be a vacancy on the Community Development Committee; and

Councilmember Enriquez has reviewed applications and is recommending the reappointment of Phillip Herrera to the Community Development Com mittee now, therefore,

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

1. The following applicant is found to meet the criteria for appointment and is authorized to serve as a member of the Community Development Committee Group for a term to commence on February 1, 2026, and ending January 31, 2030:

Phillip Herrera - Appointment by Councilmember Enriquez

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

PASSED, APPROVED and ADOPTED January 13, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
40 City of Stockton
Legislation Text
File #: 25-1314, Version: 1
APPROVE A MOTION AUTHORIZING AN AMENDMENT TO CONTRACT NO. 425000459 WITH TDA CONSULTING INC. TO CONTINUE PROFESSIONAL CONSULTANT SERVICES RELATED

TO AFFORDABLE HOUSING PROJECTS

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

1. Authorize an amendment with TDA Consulting Inc. in the amount of $171,000 to continue consultant services related to affordable housing programs and projects;

2. Authorize the allocation and appropriation of HOME Investment Partnerships Program (HOME), HOME American Rescue Plan Program (HOME-ARP), Homeless Housing Assistance and Prevention Program (HHAP), Permanent Local Housing Allocation Program (PLHA) and Low- and Moderate-Income Housing Fund (LMIHF) funding for this purpose;

3. Approve findings pursuant to Stockton Municipal Code (SMC) section 3.68.070 in support of an exception to the competitive bidding process; and

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

Summary
The City of Stockton Economic Development Department (EDD) is seeking to amend a contract with TDA Consulting Inc. to increase the contract amount by $171,000, which will continue to provide review and underwriting services while assisting EDD staff with the implementation of affordable housing funding programs (Attachments A and B). This includes, but is not limited to, financial underwriting of affordable housing projects, amending existing HOME program agreements for regulatory compliance purposes, and providing on-call assistance and programmatic advice related to affordable housing programs and City compliance with funding agency regulations.

DISCUSSION
Background
In February 2025, the City entered into an agreement with TDA Consulting Inc. in the amount of $99,999 to assist the Economic Development Department (EDD) with professional consultant services including, but not limited to, assisting and providing training to staff in 1) addressing HUD’s non-compliance issues related to the HOME Investment Partnerships Program (HOME) funded City of Stockton Printed on 1/8/2026Page 1 of 2
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projects, 2) conducting a review of HOME rental housing projects to assess program compliance, 3) updating the City’s HOME policies and procedures, including underwriting standards, 4) conducting a review of rental housing projects, and 5) providing on-call assistance and programmatic advice to staff related to the City’s HOME rental housing projects (Attachment A - Contract 425000459). EDD issued an informal Request for Proposals (RFP) in November 2024 and received two proposals for the services. TDA was selected based on their expertise and experience with HUD regulations and compliance programs. Their performance thus far with City contracts and compliance improvements has more than met expectations.

Present Situation
As of October 31, 2025, the current contract with TDA Inc. is approximately 75 percent expended, however there remains work to be completed to assist EDD in ongoing program improvements and to continue to address project related items. Staff have identified several tasks to be completed over the next twelve to twenty-four months related to affordable housing activities. Approval of the recommendation will add $171,000 to the current agreement to allow for the continued use of TDA Consulting services. Economic Development staff will use the consulting services to refine current process, programs and guidelines used in implementing federal and state funding for affordable housing.

Findings
Pursuant to SMC section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. These findings include:

1. The City does not have expertise and/or bandwidth to update and improve HOME processes in a timely manner to meet current requirements and recommendations.

2. Use of the RFP process is appropriate for this Professional Services Contract because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of these criteria helps ensure selection of a vendor that will provide the highest quality professional service which is in the public interest.

3. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

FINANCIAL SUMMARY
The recommended contract amendment will have no financial impact on the General Fund or any other unrestricted funds. The additional $171,000 will be funded through HOME, HOME-ARP, HHAP, PLHA, and LMIHF administrative allowances. There is sufficient budget to support this recommendation.

Attachment A - TDA Contract 425000459
Attachment B - TDA Contract Amendment 1
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69 City of Stockton
Legislation Text
File #: 25-1424, Version: 1

APPROVE MOTION TO ENTER INTO A NEW CONTRACT WITH NATIONAL PUBLIC SAFETY

GROUP (NPSG) FOR A THREE-YEAR CONTRACT FOR CONSULTING SERVICES FOR

EMERGENCY DISPATCH AND RECORDS MANAGEMENT SOFTWARE SYSTEMS FOR

STOCKTON FIRE AND POLICE DEPARTMENTS

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

1. Award a Professional Services Contract to National Public Safety Group (NPSG) for a term of three (3) years with an option to renew for two (2), one (1) year extensions for consulting services for emergency dispatch and records management software systems, in the amount of $744,946;

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

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

Summary
The City has identified the need to purchase a new Computer-Aided Dispatch (CAD) system for the Police and Fire Departments. The current CAD was last upgraded for the Police Department in 2017 and for the Fire Department in 2021. CentralSquare is no longer developing the current system, and client support is dwindling.

On February 24, 2025, the City issued a request for proposals (RFP) for consultant services for emergency dispatch and records management software systems for Stockton Fire and Police departments (PUR 25-021). On April 24, 2025, 10 proposals were received, with NPSG submitting the most comprehensive and qualified proposal (Attachment A).

The City desires to contract with a Vendor to perform a gap analysis, both current state and future needs assessment, develop requirements and assist in writing a Request for Proposals for a new system, and work with the City and software vendor to oversee the implementation of a new CAD system for both the Police and Fire Departments.

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DISCUSSION
Background
On November 10, 1998, Council authorized Request for Proposals (PUR 98-20) to solicit bids for a CAD system, Message Switch Software, and a Field Reporting System through Resolution No. 98- 0456. The City recommended selecting TriTech/Tiburon, Inc. to install the CAD and Field Reporting Systems and provide related services.

On November 17, 2015, Council approved motion 2015-11-17-1208 to purchase an upgrade to the then-current CAD and Records Management systems for the Police Department by TriTech/Tiburon, Inc.

On October 18, 2016, Council approved motion 2016-10-18-1205 for a new fire dispatch CAD system project. This included a Contract Change Order (CCO) to add services to the existing TriTech/Tiburon contract, already secured by the Stockton Police Department. Prior to this approval, the Fire Department was on Logisys CAD, which reached its end of life. In 2021, the Fire Department implemented Tiburon CAD.

The City’s current CAD system has been in operation since 1998 and is now over 25 years old. The Police Department has continually upgraded this system until further upgrades were no longer available. Tiburon was purchased by TriTech in 2015 and merged with CentralSquare in 2018. In 2015, TriTech announced that Tiburon CAD and RMS would no longer be sold or developed with future functionality. The vendor has categorized the software as end-of-life.

Present Situation
Tiburon CAD has not been updated with new technology in the past eight years. Subject Matter Experts within CentralSquare’s Customer Support team have been reduced to minimal staff for CAD and Records Management Systems (RMS).

Staff recommends contracting with NPSG to conduct the following and replace the current CAD, associated components, and RMS systems.

Phase I - Needs Assessment
· Conduct a comprehensive review of agency goals, strategic plans, and partner integration needs. Establish project teams and schedules, facilitate bi-weekly coordination calls, and develop a technical matrix and discovery document to support future implementation.

Phase II - Selection Process
· Lead the RFP development and vendor evaluation process, including detailed assessments of proposals across technical, financial, and legal criteria. Manage demonstrations, scoring, and stakeholder engagement to support final vendor selection.

Phase III - Procurement Process
· Support contract negotiations with the selected vendor, ensuring alignment on pricing, terms, deliverables, and service standards. Coordinate with legal, risk, and procurement teams to finalize agreements and prepare for Council approval.

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Phase IV - Project Management
· Oversee implementation planning, vendor coordination, training schedules, and data conversion. Facilitate weekly and monthly meetings, track deliverables, manage risks, and ensure readiness for go-live and post-launch support.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070.A.3, Council may approve findings which support an exception to the competitive bidding process. These findings include:

1. Use of the RFP process is appropriate for this Professional Services Contract because it relies on evaluating professional qualifications and performance as the basis for selecting a vendor.

The selected vendor was the most qualified based on these criteria.

2. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3

FINANCIAL SUMMARY
This is a one-time cost for professional services, not to exceed $744,946 for the life of the project.

Budget for this expenditure is available in the FY2025-26 Technology Internal Service Fund for Project #IP24001-PRFSVC.

Attachment A - NPSG Agreement
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72 CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) and National Public Safety Group (“Contractor”) to provide consulting services and project management services for the selection and implementation of Police and Fire CAD/RMS systems 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.
(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 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
Johnny Ford, City Manager Date
ATTEST:

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

Lori M. Asuncion, City Attorney
BY:
1 (Rev. 08.14.25)
744,946
Agreement Number:

National Public Safety Group, LLC
Buck Mims, CEO
124 Newington Way, Aberdeen, NC 28315

ATTACHMENT A
73 EXHIBIT A

STATEMENT OF WORK
NPSG will assist the City with its public safety software project, which will include:
 Computer Aided Dispatch (CAD) for Fire and Police
 Law Enforcement Records Management System (LERMS)
 Mobile Data System (MDS)
NPSG will provide the agreed upon services for the following agencies (“Agency):
 City of Stockton, Fire Department
 City of Stockton, Police Department
Phase I
Needs Assessment
The NPSG team will perform a thorough Needs Assessment, which will include services such as:
 Identify and document goals and objectives
 Review and take notes from any existing strategic plans that may be in place  Document any partner agencies that need integration—public safety agencies, neighboring counties, public works, etc. This includes existing agreements and future wants
 Identify the agency’s Project Team to include Project Leads from Police, Fire and IT Departments.
 Work with the Department Leads to coordinate and facilitate all meetings and project deliverables.
 Identify the time goals/deadlines of your specific project  Provide a project schedule in Basecamp for the Needs Assessment, Selection, and Procurement phases of this project
 Set up and lead bi-weekly calls throughout the Needs Assessment to ensure assigned tasks on both sides are being completed  Assist in the guidance and coordination of Change Management with Department Leadership.
 Interview the different department and division team members to find out workflows, software needs, issues, and processes
 Create a technical matrix that is used for the RFP as well as a statement of work
1 (Rev. 10.30.18)

ATTACHMENT A
74  Create a Needs Assessment document that is to be used once a contract is signed with a public safety software provider. This document is a discovery document to assist the provider implement their solution. It includes information on interfaces, conversion facts and needs, workflows, demo scripts to assist the demonstrations for the RFP finalists, approval processes, the respective contact people involved, and other logistical data that can ensure the projects starts efficiently and effectively.

Phase II
Selection Process

The NPSG team will lead and manage the Selection process, as the Agency desires, to include services such as:

 Work with your Agency’s Procurement, Risk, and Legal Departments to complete an RFP template if going to bid
 Work with the Agency to ensure the Final RFP and requirements matrix contains the needed criteria for a successful selection and implementation  Upon receiving RFP responses from responding vendors, the NPSG team does a full assessment of the responses. This includes assessments of each section in our RFP template, to include pros, cons, and notes on information pertaining to:
o Company
o Finances
o Contracts cancelled or unfulfilled
o References
o Litigation, arbitration, and civil disputes
o Infrastructure
o Cybersecurity
o Professional services model
o Updates/Enhancements
o Support / SLA
o Cost proposal breakdown and comparison
o Exceptions taken to the RFP
o Technical matrix breakdown, pros, and cons
 Lead and manage the Selection process to include:
o Coordinate, facilitate and attend all demonstrations and round table meetings onsite.
o Provide a scoring matrix, which is determined after meeting with Agency stakeholders to identify performance metrics.
o NPSG uses survey software for members to score the presentations. o Set up and manage the Technical / Pro Services presentation following demonstrations

2 (Rev. 10.30.18)

ATTACHMENT A
75 o Attend any management or Council meetings needed to move forward with a formal selection

o Phase III
Procurement Process

The NPSG team will work to perform the following services such as:

 Upon a proposer being awarded a Selection, contingent on successful contract negotiations, NPSG retrieves the company’s contract or provides the City’s contract to the selected company.
 NPSG works with the Agency’s Procurement, Risk, and Legal departments to vet the agreement.
 The NPSG Team has extensive criteria it looks for in contract negotiations with a vendor to include:
o Price
 Actual cost
 Ongoing costs
 Pricing model
 Future add on costs
o Payment terms
 Breakdown of milestones
 Percentage of holdback money contingent on sign off
o Product
 Is the Statement of Work accurate
 Ensure the Agency understands what you are getting and not getting
o Project
 Professional Services standards
 Project Manager
 Project tools
 Team members
 Penalties for very delayed projects
o Support level agreement
 Support tiers with guaranteed response times
 Penalties for delayed responses
 Annual SSMA or Subscription increase percentage caps
 If SaaS, guaranteed uptime with penalties
 Ongoing support parameters
 Cybersecurity
 Identification of who supports your Agency

3 (Rev. 10.30.18)

ATTACHMENT A
76 o Updates and Upgrades
 Costs
 Process
o All Terms and Conditions, with some specific language regarding  Assignment
 Non-interference
 Data ownership
 Legal litigation or arbitration
 NPSG assist in redlining and commenting on the price, terms, and conditions to assist the agency in finalizing a successful contract  Attend any management or Council meetings needed to get approval for the contract signing

 Phase IV
Project Management

The NPSG team will work to perform the following services such as:

 We provide the NPSG Needs Assessment Summary document to the vendor before kickoff to ensure they have as much knowledge as possible to prepare for the project
 Attend and assist with kickoff and discovery sessions to make sure all goals and objectives are understood and documented
 Work with software vendor and customer to develop a detailed implementation schedule
 We work to ensure the training plan scheduled is conducive with agency needs – schedules, union rules, other limitations
 Our project managers and subject matter experts attend meetings and calls as appropriate and deliver detailed notes after each call  Prior to weekly project status meetings, we have weekly one on ones with the customer and vendor, which helps make the status calls more efficient and effective
 We work to ensure the agency is on track doing their homework to ensure there is no project delay
 We work to ensure the vendor is on track with their deliverables to ensure there is no project delay
 Work to ensure client assigns appropriate “core group” resources for project success
o This entails identifying what personnel resources will be needed for a project of your scope
 Work to make sure any showstopper items are identified and promptly resolved by the responsible party before becoming major issues

4 (Rev. 10.30.18)

ATTACHMENT A
77  Monitor risks and change requests throughout the project.  Review and recommend approval of software invoices as requested by the Customer
 Assist client with preparing for Stakeholder Meetings  Create and lead monthly steering committee meetings if desired  Schedule calls with the software vendor and all third-party vendors to identify interface requirements.
 Manage progress of data conversions or any access to legacy data to ensure these processes are not going to delay the project
o Work to ensure client stays on track with validations o Work to ensure vendor stays on track with fixing issues for the next data conversion run
o Work with client to help ensure they are bringing clean data into their new system
 Retrieve functional and load testing plans from software providers o Document issues found during testing and continuously follow-up with the vendor on resolution and retesting plans
o Assist with prioritizing issues and ensuring go-live issues get worked on first
 Work to ensure there is a detailed go-live plan before the system is put into live operation
o Work with vendor to ensure there is a go live checklist for both their staff and the agency’s staff
o Work to ensure the vendor has lined up go-live support from third parties involved in interfaces, which may need go-live support
 Continue to follow up for any post go-live action items, such as pending interfaces, conversion items, or anything else that was not completed and delivered
Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: NPSG City: City of Stockton
Buck Mims Attn: City Manager
124 Newington Way 425 N. El Dorado Street
Aberdeen, NC 28315 Stockton, CA 95202
[email protected]

Option to Renew.

The term of the Agreement may be extended up to two one-year terms by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed 5 years.

5 (Rev. 10.30.18)

ATTACHMENT A
78 REV 2025-06-04

Exhibit B:

Insurance Requirements
(Consulting Services for Computer-Aided Dispatch (CAD))

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 by the Contractor, its agents, representatives, or employees.

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

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Contractor has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions) Insurance appropriates to the Contractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.

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:

ATTACHMENT A
79 REV 2025-06-04

Additional Insured Status
The City of Stockton, its officers, officials, and employees are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, and employees.” Policy shall cover City of Stockton, its officers, officials, and employees 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, and employees,. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, and employees 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 policies shall be provided on a true “following form” 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 be endorsed to 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

ATTACHMENT A
80 REV 2025-06-04

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 self- insured retention may be satisfied by either the named insured or City of Stockton.

Acceptability of Insurers
Insurance is to be placed with insurers 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 three (3) 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 three (3) 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 required documents are to be received and approved by the City of Stockton before work commences. However, failure to obtain the 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, at any time.

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.

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 three (3) years for Completed Operations liability coverage. Such Insurance must be maintained, and evidence of insurance must be provided for at least three (3 ) years after completion of the contract of work .

ATTACHMENT A
81 REV 2025-06-04

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. However, if such modification results in any additional costs or fees to Contractor, City shall pay such additional costs or fees.

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

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

ATTACHMENT A
82 Exhibit C:

General Terms and Conditions
T
his Agreement (“Agreement”) is between the City of Stockton (“City”) and National Public Safety Group (“NPSG” or “Contractor”) and is entered into as of the date entered below.

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 to the Agreement.

3.1 Invoices submitted by Contractor to City shall comply with the terms and conditions of this agreement. 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. 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

ATTACHMENT A
83 not connected with these services, unless the City provides prior written consent. This Section 5 is subject to the provisions and limitations of Section 19 hereof.

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 this agreement, thirty-six months (36), may result in economic or other losses to the City. Notwithstanding, City acknowledges and recognizes that Contractor has no control over the timing of actions by City, its officials, officers, employees, agents, and consultants and no control over the timing of actions by third parties. Therefore, Contractor shall have no responsibility or liability as to delays stemming from the parties identified in the previous sentence. Contractor shall be held responsible only for its actions or inactions or those of direct subcontractors of Contractor.

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 Contractor 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 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.

ATTACHMENT A
84 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 the Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of the Contractor's assigned personnel under the terms and conditions of this Agreement.

10. Subcontractor.

10. 1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement.

Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.

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

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

11. Termination.

11. 1 Termination for Convenience. The City or Contractor may terminate this Agreement with 60 days prior notice, at any time by mailing a notice in writing to the other party. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.

11.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.

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

ATTACHMENT A
85 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, which shall not be unreasonably withheld.

13. Indemnity and Hold Harmless.

T
o the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, and employees 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 negligent performance of work hereunder or willful misconduct, breach of contract, violation(s) of applicable law, or its negligent failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.

The City of Stockton agrees that in no event shall the cost to defend charged to the Contractor exceed Contractor’s proportionate percentage of fault, subject to Contractor’s limits of liability listed in Section 34.3 This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.

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 to:

City of Stockton
C/O IT Department
400 East Main Street, 4th Floor
Stockton, CA 95202
[email protected]
NPSG
Buck Mims
124 Newington Way
Aberdeen, NC 28315
[email protected]

16. Conformance to Applicable Laws . Contractor shall comply with all applicable ATTACHMENT A 86
Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

17. Licenses, Certifications and Permits . Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

19. Confidentiality .

Not
withstanding any other provision of this Agreement,

19.1 City Confidential Information. By virtue of this Agreement, the Contractor will have access to confidential information and materials of the City that is provided to the Contractor after the execution of this Agreement and so designated in writing (collectively, the “City Confidential Information”). City Confidential Information does not include information that (i) is already in the Contractor’s possession at the time of disclosure by the City, (ii) is or becomes part of public knowledge other than as a result of any action or inaction of the Contractor, (iii) is obtained by the Contractor from an unrelated third party without a duty of confidentiality, or (iv) is independently developed by the Contractor. The Contractor shall not use City Confidential Information for any purpose other than in furtherance of this Agreement and the activities described herein. The Contractor shall not disclose City Confidential Information to any third parties except as otherwise permitted hereunder. The Contractor shall maintain City Confidential Information with at least the same degree of care it uses to protect its own proprietary information of a similar nature or sensitivity, but no less than reasonable care under the circumstances. The Contractor shall promptly advise the City in writing of any misappropriation or misuse of City Confidential Information of which the Contractor becomes aware.

19.2 Contractor Confidential Information. By virtue of this Agreement, the City will have access to confidential information and materials of the Contractor that is provided to the City after the execution of this Agreement and so designated in writing (collectively, the “Contractor Confidential Information”). Contractor Confidential Information does not include ATTACHMENT A 87
information that (i) is already in the City’s possession at the time of disclosure by the Contractor, (ii) is or becomes part of public knowledge other than as a result of any action or inaction of the City, (iii) is obtained by the City from an unrelated third party without a duty of confidentiality, or (iv) is independently developed by the City. The City shall not use Contractor Confidential Information for any purpose other than in furtherance of this Agreement and the activities described herein. The City shall not disclose Contractor Confidential Information to any third parties except as otherwise permitted hereunder. The City shall maintain Contractor Confidential Information with at least the same degree of care it uses to protect its own proprietary information of a similar nature or sensitivity, but no less than reasonable care under the circumstances. The City shall promptly advise the Contractor in writing of any misappropriation or misuse of Contractor Confidential Information of which the City becomes aware.

19.3 Exclusions. Notwithstanding the foregoing, this Agreement shall not prevent the Contractor from disclosing City Confidential Information or the City from disclosing Contractor Confidential Information to the extent required by a judicial order or other legal obligation; provided, however, that, in such event, the Party from which disclosure is sought shall promptly notify the other Party in writing as to the requested disclosure (including a copy of the request and timing of proposed disclosure) at least ten (10) calendar days before the proposed disclosure date to allow intervention (and shall cooperate with the Party from which disclosure is sought ) to contest or minimize the scope of the disclosure. Further, Each Party may disclose the terms and conditions of this Agreement (i) in confidence, to legal counsel, (ii) in confidence, to accountants, and (iii) in connection with the enforcement of this Agreement or any rights hereunder, (iv) when required by applicable law, (v) in response to a request under the California Public Records Act.

19.4 Equitable Relief. Contractor acknowledges that unauthorized use or disclosure of City Confidential Information could cause the City irreparable harm for which its remedies at law would be inadequate, and, similarly, the City acknowledges that unauthorized use or disclosure of Contractor’s Confidential Information could cause the Contractor irreparable harm for which its remedies at law would be inadequate. Accordingly, each Party acknowledges and agrees that the other Party will be entitled, in addition to any other remedies available to it at law or in equity, to the issuance of injunctive relief enjoining any breach or threatened breach of its obligations hereunder.

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.

ATTACHMENT A
88 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 Sacramento or, where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

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

24. Severability. If any portion of this Agreement or application thereof to any person or circumstance shall be declared invalid by a court of competent jurisdiction or if it is found in contravention of any federal, state or city statue, ordinance or regulation the remaining provisions of this Agreement or the application thereof shall not be invalidated thereby and shall remain in full force and effect to the extent that the provisions of this Agreement are severable.

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.

26. Force Majeure . Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as

ATTACHMENT A
89 promptly as commercially practicable.

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

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

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

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

31. Entire Agreement, Integration, and Modification.

31. 1 This Agreement represents the entire integrated agreement between Contractor and the City; supersedes all prior negotiations, representations, or agreements, either written or oral between the parties and may be amended only by a written Amendment signed by the Contractor and City Manager.

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

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

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

34. Warranties

34.1 Authority. The Contractor represents, warrants, and covenants to the City that the Contractor has the full power and authority to enter into this Agreement and to perform its obligations hereunder, without the need for any consents, approvals or immunities not yet obtained.

34.2 No Implied Warranties. The City agrees that (i) the Contractor is not the manufacturer or distributor of any of the products or services subject to the Services (collectively, the “Third-Party Products”), (ii) the warranties and representations, if any, applicable to any of the Third-Party Products (including, without limitation, their respective specifications) are those of the manufacturer or distributor thereof and not the Consultant, and (iii) the Contractor bears no obligation or liability related to or resultant from the warranties or representations, if any, applicable to any of the Third-Party Products (including, without limitation, their respective specifications). THE WARRANTY SET FORTH IN SECTION 6(A) IS THE ONLY WARRANTY MADE BY THE CONTRACTOR HEREUNDER. THE CONTRACTOR
ATTACHMENT A 91

HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED

OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF

MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A

PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

34.3 Limitation on Liability. UNDER NO CIRCUMSTANCE SHALL THE CONTRACTOR’S LIABILITY ARISING OUT OF OR IN CONNECTION

WITH ANY ORDER OR OTHER AGREEMENT BETWEEN THE
CONTRACTOR AND THE CITY OR THE CONTRACTOR’S

PERFORMANCE OR ASSERTED FAILURE TO PERFORM HEREUNDER,

IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE,

EXCEED THE INSURANCE PROVIDED PURSUANT TO THIS
AGREEMENT. IN NO EVENT SHALL THE CONTRACTOR BE LIABLE

FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR
OTHER INDIRECT DAMAGES, INCLUDING. WITHOUT LIMITATION,

DAMAGES RESULTING FROM LOSS OF USE OR GOODWILL,

WHETHER OR NOT THE CONTRACTOR HAS BEEN ADVISED OF THE
POSSIBILITY THEREOF. This limitation of liability represents an allocation of risks between the City and the Contractor, which allocation is reflected in this Agreement. The City acknowledges that the amount of the compensation reflects and incorporates the disclaimer of warranties and limitation of liability and remedies set forth herein (without which the compensation would have been substantially higher).

ATTACHMENT A
92 EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of the Agreement to which this Exhibit is attached:

1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A referenced above and any and all work necessary to complete them or carry them out fully and to the standard of performance required in the 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 Agreement , and all other Exhibits identified therein.

2.1 Where any portion of the Agreement is in conflict to or at variance with any provisions of this Exhibit, then unless a different intention stated, the provision(s) of this Exhibit shall be deemed to override the provision(s) of the Agreement only to the extent that such conflict or variations in this Exhibit are not possible of being reconciled with the provisions of the Agreement.

2.2 In the case of modification of a part or provision of the Agreement, the unaltered part or provision, or both shall remain in effect. This Exhibit shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the Agreement.

3. Time for Performance.

3. 2 Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
I
n addition to ,Sections 4 and 17 of the Agreement, 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.

ATTACHMENT A
93 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, Section 19 of the Agreement sets forth the City’s and Contractor’s responsibilities as to confidential information. 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 City and delivered in a timely manner consistent with the requirements of the Agreement and this Exhibit.

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 under this Exhibit, at law, or in equity.

5. Compensation
Cont
ractor shall be compensated for the services provided under this Agreement as set forth in Exhibit C and Exhibit E.

6. Personnel

6. 1 None of the work or services covered by the 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 endeavor to not reassign or replace Key Personnel without prior notice to the City. "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, based on good cause, wishes to no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor and City shall meet to work out a mutually acceptable approach as to staffing.

ATTACHMENT A
94 7. Reports and Information

Contractor shall at such times and in such forms as the parties agree upon furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to the Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters as covered by the Agreement.

8. Findings Confidential
Section 19 of the General Terms and Conditions sets forth the applicable provisions as to confidentiality.

9. Deliverables
Subject to Section 19 of the General Terms and Conditions, 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.

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

ATTACHMENT A
95 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 $744,946 (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.

1 (Rev. 10.30.18)

ATTACHMENT A
96 1.4 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.

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

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

Phase Description Task Price
I Needs Assessment $133,370
II Selection $207,465
III Procurement $88,914
IV Project Management $311,197
Legal Fee $4,000
TOTAL PRICE $744,946

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

City of Stockton Administrative Services Department
Attention: IT Department
425 N. El Dorado Street
Stockton, CA 95202
2 (Rev. 10.30.18)

ATTACHMENT A
97 Exhibit E
Cost Proposal
National Public Safety Group Proposal

Proposal Services for: CAD and RMS Consulting Services - One Project with Options for additional Phase III & Phase IV

Proposal for: City of Stockton - Fire Department
Contact: Jason Farrow Date: 6/26/2025
Procurement Specialist Valid: 10/21/2025
Division:

Email: Phone: 209.937.8212
NPSG Contact: Dennis Vrooman Email: [email protected]

$133,370

$207,465

$88,914

$311,197

Total Consulting Services: $740,946

Total Cost: $744,946

36 Option #1 Add on A second Phase III Procurement Service A second Phase IV Project Management
$32,625
Option #2 Add on $97,875

Options #1 & #2 are in the event the City chooses to have two separate contracts and projects.

Should Option #1 and/or #2 be selected, they will be averaged into the remaining payments.

Phase I
Needs Assessment
Phase II
Selection
Phase III
Procurement
Phase IV
Project Management
This document should not be shared unless the proper FOIA laws have been met.

This proposal includes services for this project for this many months after effective date:

A $4,000 Legal Fee is added for agencies using their own PSA See full agreement for all terms and conditions
Consulting as a Service
Legal Fee If using Agency's PSA
Not chosen $0
$4,000
Item
Length of Project
Total
Item Total
NOTES

ATTACHMENT A
98 T ravel
Travel is included in the above consulting fees, and will not be charged separately. *NPSG will have Consultants onsite for up to the following number of days:

For
Needs Assessment 3 Kickoff Week
Selection 6 For up to:
3 Finalists
1 Day Demos
1 RFP Initial Assessment Roundtable
1 RFP Final Assessment Roundtable
Procurement 1 Final Negotiations
Project Management 1 Per Month until Training and Go-Live 8 Training
8 Go-Live
*
Does not include travel days
Pro posal Authorization
Authorized/Approved by: Buck Mims CEO
Date 4/24/2025
S
ignature:

ATTACHMENT A
99 Exhibit E
Payment Terms

Payment terms
Month Milestone Begin/End Percentage Unit Cost Payment Paid to Date

* Projected Project Length: 36

1 Effective Date Begin 15% $744,946 $111,741.90 $111,742 2 Monthly payment 2% $744,946 $18,091.55 $129,833
3 Monthly payment 2% $744,946 $18,091.55 $147,925
4 Monthly payment 2% $744,946 $18,091.55 $166,017
5 Monthly payment 2% $744,946 $18,091.55 $184,108
6 Monthly payment 2% $744,946 $18,091.55 $202,200
7 Monthly payment 2% $744,946 $18,091.55 $220,291
8 Monthly payment 2% $744,946 $18,091.55 $238,383
9 Monthly payment 2% $744,946 $18,091.55 $256,474
10 Monthly payment 2% $744,946 $18,091.55 $274,566
11 Monthly payment 2% $744,946 $18,091.55 $292,657
12 Monthly payment 2% $744,946 $18,091.55 $310,749
13 Monthly payment 2% $744,946 $18,091.55 $328,840
14 Monthly payment 2% $744,946 $18,091.55 $346,932
15 Monthly payment 2% $744,946 $18,091.55 $365,024
16 Monthly payment 2% $744,946 $18,091.55 $383,115
17 Monthly payment 2% $744,946 $18,091.55 $401,207
18 Monthly payment 2% $744,946 $18,091.55 $419,298
19 Monthly payment 2% $744,946 $18,091.55 $437,390
20 Monthly payment 2% $744,946 $18,091.55 $455,481
21 Monthly payment 2% $744,946 $18,091.55 $473,573
22 Monthly payment 2% $744,946 $18,091.55 $491,664
23 Monthly payment 2% $744,946 $18,091.55 $509,756
24 Monthly payment 2% $744,946 $18,091.55 $527,847
25 Monthly payment 2% $744,946 $18,091.55 $545,939
26 Monthly payment 2% $744,946 $18,091.55 $564,031
27 Monthly payment 2% $744,946 $18,091.55 $582,122
28 Monthly payment 2% $744,946 $18,091.55 $600,214
29 Monthly payment 2% $744,946 $18,091.55 $618,305
30 Monthly payment 2% $744,946 $18,091.55 $636,397
31 Monthly payment 2% $744,946 $18,091.55 $654,488
32 Monthly payment 2% $744,946 $18,091.55 $672,580
33 Monthly payment 2% $744,946 $18,091.55 $690,671
34 Monthly payment 2% $744,946 $18,091.55 $708,763
35 Monthly payment 2% $744,946 $18,091.55 $726,854
36 Monthly payment 2% $744,946 $18,091.55 $744,946

Total Payments: $744,946.00

onths.
*Projected project length is listed above and below. We will continue to provide services for up to this many months.

Term of the Agreement
This is a fixed-fee agreement with time limit paid over monthly payments for up to: 36 m If project is completed before the projected time, the balance of unpaid payments will be due and invoiced for payment.

ATTACHMENT A
100

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 36 months from effective date.
1 (Rev, 10.27.22)

ATTACHMENT A
101
City of Stockton
Legislation Text
File #: 25-1414, Version: 1

ADOPT A RESOLUTION TO APPROVE FINDINGS AND AWARD A CONTRACT TO TROJAN

TECHNOLOGIES FOR REPLACEMENT PARTS, 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 Trojan Technologies of London, Ontario, Canada, not-to- exceed $1,250,000, for materials as well as 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), an advanced tertiary treatment plant with a 55 million gallons per day (MGD) capacity located next to the San Joaquin River.

MUD staff operate and maintain equipment used in wastewater treatment including an ultraviolet (UV) system used in the wastewater disinfection process. The UV system requires routine maintenance and repair to effectively disinfect wastewater.

If approved by the City Council, this action will authorize a five-year contract with Trojan Technologies of London, ON, Canada, not-to-exceed $1,250,000, for materials, on-call repair, and maintenance services.

DISCUSSION
Background
The City of Stockton Regional Wastewater Control Facility Modifications Project construction changed the sewer treatment to an activated sludge process and replaced equipment and processes that were 40 to 70 years old and beyond their useful life. During construction, the project team City of Stockton Printed on 1/8/2026Page 1 of 2
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File #: 25-1414, Version: 1
installed a Trojan Technologies UV system, UVSIGNA, as part of the tertiary wastewater disinfection process. The UVSIGNA system is a proprietary brand that requires Trojan Technologies replacement parts and certified services to maintain proper operation.

Present Situation
The UVSIGNA system is routinely monitored by MUD Maintenance staff and requires frequent maintenance, parts, and repairs to continue performing as designed by the manufacturer. Currently, Trojan Technologies is the sole available source for parts and certified service.

If approved by the City Council, this action will authorize a five-year contract with Trojan Technologies for a not-to-exceed amount of $1,250,000. The proposed contract includes the materials and services necessary to maintain the system in accordance with the manufacturer’s specifications.

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 and exception:

1. Trojan Technologies is the only source for replacement parts and repair services in the United States.

2. Routine maintenance, replacement parts, and repairs are standard practice required to preserve the UVSIGNA system’s ability to effectively disinfect wastewater during the treatment process.

3. The UVSIGNA system requires the use of original manufacturer components and services for proper operation, performance guarantees, and lowest life-cycle cost.

4. Maintaining and repairing the UVSIGNA system is more cost-effective than replacing it with an alternative UV system. Accordingly, the proposed contract serves the public’s best 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 pay for parts, repair and maintenance services for FY 2025-26. Funding for the remaining contract term will be budgeted in the same accounts and presented to the City Council for approval during the annual budget process.

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

City of Stockton Printed on 1/8/2026Page 2 of 2
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103
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING FINDINGS AND AWARDING A $1,250,000 CONTRACT

TO TROJAN TECHNOLOGIES FOR REPLACEMENT PARTS , ON-CALL REPAIR

AND MAINTENANCE SERVICES

During construction of the Regional Wastewater Control Facility ( RWCF) Modifications Project, the project team installed a Trojan Technologies UVSIGNA system (UVSIGNA system) disinfect wastewater during the treatment process; and

The UVSIGNA system is a proprietary brand that requires Trojan Technologies parts and certified services to maintain proper operation. Consequently, Trojan Technologies is the sole available source for materials, on-call repair and maintenance services; and

The UV SIGNA system is routinely monitored by MUD Maintenance staff and requires frequent maintenance, parts, and repairs to continue performing as designed by the manufacturer. The proposed contract includes the materials and services necessary to maintain the system in accordance with the manufacturer’s specifications ; now, therefore,

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

1. The City Council a pproves the following findings pursuant to Stockton Municipal Code section 3.68.070 to support and justify an exception to the competitive bidding process:

a. Trojan Technologies is the only source for UVSIGNA replacement parts and repair services in the United States.

b. Routine maintenance, replacement parts, and repairs are standard practice required to preserve the UVSIGNA system’s ability to effectively disinfect wastewater during the treatment process.

c. The UVSIGNA system requires the use of original manufacturer replacement parts and service s for proper operation, performance guarantees, and lowest life-cycle cost.

d. Maintaining and repairing the UVSIGNA system is more cost-effective than replacing it with an alternative UV system. Accordingly, the proposed contract serves the public’s best interest.

2. The City Council authorizes the City Manager to execute a five-year contract, not-to-exceed $1,250,000, with Trojan Technologies of London, Ontario, 104
Canada for materials as well as 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 January 13, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
105
1 ( . . )

CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton 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.
____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
______________________________________________________________________________________________ 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
_________________________________________________________ ________________ City Manager Date
ATTEST:
____________________________________________________________________________ , City Clerk
APPROVED AS TO FORM:
, City Attorney
BY:

Agreement Number:
(a) Exhibit A Statement of Work
(b) Exhibit B Insurance
(c) Exhibit C General Terms Conditions
(d) Exhibit D
Exhibit E Compensation Schedule
(f) Exhibit F Timeline
Trojan Technologies Parts and Service
6/30/2030
1,250,000.00
Goods and Services Special Terms and Conditions

Kevin Spehr VP Global Sales & Experience Nov. 3, 2025 3020 Gore Road, London, Ontario
EXHIBIT 1
106
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 Trojan UVSIGNA System as requested by the City.

1.2 Contractor to provide on-call repair and maintenance service by Trojan Certified Service Provider 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 Trojan Technologies 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 Trojan Genuine 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 Trojan Certified Service Provider.

4. Major Deliverables

4.1 Repair and replacement parts, and consumable materials required for the proper operation of the Trojan UVSIGNA or other Trojan systems.

4.2 Maintenance and repair service provided by Trojan Certified Service Providers required for the proper operation of the Trojan UVSIGNA or other Trojan 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.

6. Internal and External Standards and Guidelines
EXHIBIT 1
107
2 (Rev. 10.30.18)

6.1 All parts and services provided by the Contractor shall be provided in accordance with the applicable Trojan 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: ______________________ City: City of Stockton ______________________ Attn: City Manager
______________________ 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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Trojan-Only; Approved by RC 10-30-2025
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:

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
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Trojan-Only; Approved by RC 10-30-2025
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.

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.

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.

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

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

EXHIBIT 1
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Trojan-Only; Approved by RC 10-30-2025
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

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 .

3. If coverage is canceled or non-renewed, and not replaced the contract effective
date, the Contractor must purchase “extended reporting” coverage for a minimum of years after completion of work.

Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements 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 EXHIBIT 1
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Trojan-Only; Approved by RC 10-30-2025
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.

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, 3
rd Floor – HR
Stockton, CA 95202
EXHIBIT 1
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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. Proprietary Information and Privacy . “Proprietary Information” means any information, technical data, or know-how in whatever form, whether documented, contained in machine readable or physical components, mask works or artwork, or otherwise, which Contractor considers proprietary, including but not limited to service and maintenance manuals. City and its employees, and agents will keep confidential all such Proprietary Information obtained directly or indirectly from Contractor and will not transfer or disclose it without Contractor’s prior written consent except for a disclosure pursuant to any applicable law, or use it for the manufacture, procurement, servicing, or calibration of Products or any similar products, or cause such products to be manufactured, serviced, or calibrated by or procured from any other source, or reproduce or otherwise appropriate it. All such Proprietary Information remains Contractor’s property. No right or license is granted to City or its employees or agents, expressly EXHIBIT 1
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Rev 10.20.2025 – Trojan Technologies; modified by ZM
or by implication, with respect to the Proprietary Information or any patent right or other proprietary right of Contractor, except for the limited use licenses implied by law. In respect of personal data supplied by City to Contractor, City warrants that is duly authorized to submit and disclose these data, including but not limited to obtaining data subjects´ informed consent.

Contractor will manage City’s information and personal data in accordance with its Privacy Policy, a copy of which is available to Buyer upon request. All licenses to Contractor’s separately provided software products are subject to the separate software license agreement(s) accompanying the software media. In the absence of such express licenses and for all other software, Contractor grants City only a personal, non-exclusive license to access and use the software provided by Contractor with Products purchased hereunder solely as necessary for City to enjoy the benefit of the Products. A portion of the software may contain or consist of open source software, which City may use under the terms and conditions of the specific license under which the open source software is distributed. City agrees that it will be bound by all such license agreements. Title to software remains with the applicable licensor(s).

All Contractor contributions to the Products, the results of the services, and any other work designed or provided by Contractor hereunder may contain or result in statutory and non- statutory Intellectual Property, including but not limited to patentable subject matter or trade secrets; and all such Intellectual Property remains the sole property of Contractor; and City shall not disclose (except to the extent inherently necessary during any resale of Product sold hereunder), disassemble, decompile, or any results of the Services, or any Products, or otherwise attempt to learn the underlying processes, source code, structure, algorithms, or ideas.

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 EXHIBIT 1
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Rev 10.20.2025 – Trojan Technologies; modified by ZM
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 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 not less than thirty business days prior to the termination date, and the Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. City shall pay Contractor at the time of termination, for actual costs incurred by Contractor on any scheduled City initiated work cancelled by the termination, and an additional 10% of the actual costs on such cancelled work. Contractor shall provide supporting EXHIBIT 1
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documentation for the actual costs, such as travel costs, material costs, and labor hours, to the City in order to receive reimbursement and the additional 10%.

11.2 With respect to any Products returned following termination, or on cancellation of an order by the City during the Term, City will pay Contractor a 25% restocking charge and freight costs in connection with returning such Products to Contractor.

11.3 Should either party default in 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 fifteen business days prior written notification to the other party, and the Agreement will be terminated for cause unless the breaching party commences to cure said breach during that time and continues to diligently undertake efforts to cure said breach.

11.4 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 negligence or willful misconduct, performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, and in no case is Contractor liable for any damages caused by negligence, misuse, or misapplication of the goods, services, and equipment by the City or others. 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 EXHIBIT 1
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Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.

17. Licenses, Certifications and Permits . Prior to the City’s execution of this Agreement and prior to the Contractor’s engaging in any operation or activity set forth in this Agreement, Contractor shall obtain a City of Stockton business license, which must be kept in effect during the term of this Agreement. Contractor covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement. Such licenses, certificates and permits shall be maintained in full force and effect during the term of this Agreement.

18. Records and Audits . Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made. At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

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

20. Conflicts of Interest . Contractor covenants that other than this Agreement, Contractor has no financial interest with any official, employee or other representative of the City.

Contractor and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner of degree by the performance of Contractor’s services under this Agreement. If such an interest arises, Contractor shall immediately notify the City.

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

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.

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.

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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.

34. Limitation on Liability. THE TOTAL LIABILITY OF CONTRACTOR AND ITS

SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS AND AGENTS

ARISING OUT OF PERFORMANCE, NONPERFORMANCE, OR OBLIGATIONS IN

CONNECTION WITH THE DESIGN, MANUFACTURE, SALE, DELIVERY, AND/OR

USE OF PRODUCTS AND/OR SERVICES IN NO CIRCUMSTANCE INCLUDES ANY

LIQUIDATED, PENALTY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY

KIND, NOR EXCEED THE MAXIMUM NOT TO EXCEED AMOUNT OF THE

AGREEMENT, EXCEPT IN THE CASE OF DAMAGES ARISING DUE TO CONTRACTOR’S NEGLIGENCE OR WILLFUL MISCONDUCT.

35. Warranty. Contractor warrants that Products sold hereunder will be free from defects in material and workmanship and will, when used in accordance with the manufacturer’s operating and maintenance instructions, conform to any express written warranty pertaining to the specific goods purchased, which for goods is for a period of twelve (12) months from delivery or for such periods of time and/or operating hours as specified in Exhibit E, whichever is longer. Contractor warrants that services furnished hereunder will be free from defects in workmanship for a period of ninety (90) days from the completion of the services. Goods repaired or replaced are not covered by any warranty except to the extent repaired or replaced by Contractor, in which cases, the goods will be covered under warranty up to the end of the warranty period applicable to the original goods. The above warranties do not include the cost of shipping and handling of returned items. Any non-functioning parts that are repaired by Contractor shall become the property of Contractor. Except for items specified in Exhibit E, no warranties are extended to consumable items such as, without limitation, light bulbs, and for normal wear and tear.

All other guarantees, warranties, conditions, and representations, either express or implied, whether arising under any statute, law, commercial usage or otherwise, including implied warranties of merchantability and fitness for a particular purpose, are hereby excluded. The sole remedy for goods not meeting this warranty is replacement, credit, or refund of the purchase price, as determined by Contractor in its sole discretion. Any EXHIBIT 1
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warranty hereunder or performance guarantees shall only be enforceable if (a) all equipment is properly installed, inspected regularly, and is in good working order, (b) all operations are consistent with Contractor recommendations, (c) operating conditions at the installation site have not materially changed and remain within anticipated specifications, and (d) no reasonably unforeseeable circumstances exist or arise.

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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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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. City will be deemed to have accepted any Products delivered hereunder and to have waived any such nonconformance for such Products unless a written notification pursuant to this paragraph is received by Contractor within twenty (20) calendar days of delivery to City destination on order.

9. Warranty
Warranty shall be in accordance with Terms negotiated in Exhibit C.

10. Ownership

Contractor shall have title to and bear the risk of any loss or damage to the EXHIBIT 1
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Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.

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

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

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

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

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

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 EXHIBIT 1
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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 IMPORTANCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided within the times specified in the Agreement or within a reasonable time if not time is so specified, Contractor shall provide written notification to City of any possible or actual delay and shall provide all relevant information concerning the cause for such delay.

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

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EXHIBIT 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 $1,250,000.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

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

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

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

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

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

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

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

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

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

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

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 . Tasks pursuant to this contract shall be in an on-call basis. Contract shall provide an estimated amount of labor and material cost upon request for service.

Estimate labor shall be in accordance with the applicable hourly rate for this Agreement.

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 (included as Attachment E1). 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 A greement.

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
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Break-Fix/Emergency Visits Scheduled Service Visit
Hourly Rate
On-Site Hourly Rate - Regular Business Days $275 $240
On-Site Hourly Rate - Weekends/Holidays $550 $480
Daily Rate
On-Site Daily Rate - Regular Business Days $1,950 $1,695 On-Site Daily Rate - Weekends/Holidays $3,900 $3,390
Overtime Rate
Overtime hourly rate $415 $360
Trojan Certified Field Expert - Service Rate Sheet - 2025 Invoiceable Service Offerings
Notes:

1. Technician travel expenses shall be extra and added to the above as applicable - $950 per day plus flight, if required.
2: Any service visit that is not scheduled atleast 2 weeks in advance is considered as Emergency and is subject to technician's availability
3: Hourly rates are applied when on-site time per visit is < 8 hours/day (minimum 4-hour charge).

Daily Rates are applied when a service visit requires a full 8-hour day and/or involves multiple- days

4. Overtime hourly rate is applied when on-site time is > 8 hours on any given day # Confidential - Company Proprietary
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EXHIBIT F

TIMELINE

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

1.1 REQUEST RESPONSE TIMELINE

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.)
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City of Stockton
Legislation Text
File #: 25-1422, Version: 1
APPROVE MOTION TO AUTHORIZE CONTRACT AMENDMENT NO.1 WITH BROWN AND

CALDWELL FOR THE PRESSURE-BASED DIGESTER GAS CONTROL SYSTEM FOR THE

RWCF COGENERATION PLANT PROJECT

RECOMMENDATION
It is recommended that the City Council approve a motion authorizing Contract Amendment No. 1 with Brown and Caldwell of Rancho Cordova, CA, for the Pressure-Based Digester Gas Control System for the Regional Wastewater Control Facility (RWCF) Cogeneration Plant Project. If approved, Amendment No. 1 will add $120,573 to the contract and extend its term by 90 days, bringing the total contract amount to $198,047.

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) is comprised of three enterprise funds including Water, Wastewater, and Stormwater Utilities. The Wastewater Utility includes a sanitary sewer collection system of approximately 900 miles of gravity sewer main, 554 miles of lower lateral pipe, 27 pump stations, and 30 miles of pressurized force main that route sewage to the Regional Wastewater Control Facility (RWCF) for treatment.

The RWCF uses a process called anaerobic digestion that prepares wastewater sludge for disposal.

This process produces biogas, a mix of methane, carbon dioxide, and trace gases, where the methane is used as fuel to run large cogeneration engines that generate electricity and heat for RWCF processes. The methane is collected from the digesters and stored in a gas holding tank prior to use. A malfunctioning relief valve caused the holding tank to be taken offline until repairs could be completed. Included in the repairs will be the completion of the design for a pressure-based engine fuel control system that can bypass the holding tank and transfer the gas from the digesters to the cogeneration engines.

If approved by the City Council, Contract Amendment No. 1 (Attachment A) will add $120,573 to the original contract with Brown and Caldwell, and extend the contract term through May 1, 2026, for a total amount not-to-exceed $198,047.

DISCUSSION
Background
On June 21, 2024, MUD operators and plant mechanics detected irregularities in the volume level City of Stockton Printed on 1/8/2026Page 1 of 2
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File #: 25-1422, Version: 1
readings from the digester gas holder. Upon inspecting the unit, staff determined that a faulty relief valve caused the gas system to over-pressurize and fail.

The gas holding tank was taken offline, which caused MUD operators to monitor gas pressure and manually adjust the cogeneration system. Under these conditions, natural gas and digester gas cannot blend effectively, which can reduce system efficiency and reliability, affect fuel quality, and damage equipment. Staff recommended implementing an alternative digester gas control system.

This would involve developing a new pressure-based control strategy to restore automated cogeneration and fuel-blending operations.

On September 30, 2024, MUD advertised a Request for Proposals (RFP) to design a pressure-based cogeneration engine fuel control system to bypass the gas holding tank and transfer the gas directly from the digesters to the cogeneration engines. Brown and Caldwell was the only firm to submit a proposal that was determined by the selection committee to be acceptable and meet the project specifications.

On March 3, 2025, the City of Stockton awarded a $77,474 contract to Brown and Caldwell for the Pressure-Based Digester Gas Control System for the RWCF Cogeneration Plant Project.

Present Situation
Brown and Caldwell prepared and submitted a review of the current volume-based controls of the digester gas unit and outlined how to implement the desired pressure-based controls utilizing the existing equipment and systems. The firm also recommends additional system performance improvements, including mechanical modifications to the blowers and emergency flare. Additional engineering services are necessary to design these improvements and support startup and commissioning of the new pressure-based cogeneration control system.

If approved by the City Council, Amendment No. 1 will add $120,573 to the contract and extend its term by 90 days, bringing the total contract amount to $198,047.

FINANCIAL SUMMARY
There are sufficient funds available in account number 6518-000-800007-610-612-00-65-000-000, CIP Pressure-Based Digester Gas Control System for the Regional Wastewater Control Facility Cogeneration Plant, Project No. UW24013, for the proposed Amendment No. 1.

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

Attachment A - Amendment No. 1
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CITY OF STOCKTON

STANDARD AGREEMENT AMENDMENT
T
his Amendment Number ___1______ to the above referenced Agreement is entered into on :
between the City of Stockton (“City”) and Brown and Caldwell “Contractor”.

RECITALS
Exhibit C General Terms and Conditions, Paragraph 7 Changes, states the City may modify the scope of s
ervices and any material extension or change in the scope shall be memorialized in a written amendment prior to the performance of additional work; and
Exhibit C General Terms and Conditions, Paragraph 8 Amendment, states no variation of the terms of this Agreement shall be valid unless an Amendment is made in writing and signed by both parties; and The City needs to renew the term specified in Paragraph 2 of the Standard Agreement to support the Pressure- Based Digester Gas Control System for the Regional Wastewater Control Facility Cogeneration Plant; and The City needs to increase the Compensation, Not to Exceed amount in Paragraph 3 of the Standard Agreement and Exhibit E, Section 1.1, by $120,573.00 to pay the Contractor for changes to preliminary deliverables and additional scope necessary to support the completion of the design and startup of the new pressure-based digester gas control system; and
N
ow therefore, the City and the Contractor mutually agree as follows:

1.The termination date in Paragraph 2 of the Standard Agreement is amended to:

May 1, 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, will now read as follows:

2.1 The maximum the Contractor shall be paid on this Agreement is $198,047.00_ (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 $77,474.00 Extended Term the maximum not to exceed amount is $120,573.00 Total maximum compensation to be paid to the Contractor under this Agreement for the initial term and the extended term shall not exceed $198,047.00

3. A
s referenced in Amendment No. 1 letter, dated October 23, 2025, this Change Order covers changes to preliminary deliverables and additional scope necessary to support the completion of the design and startup of the new pressure-based digester gas control system. This amendment also provides ninety (90) additional calendar days to the contractor. The revised final completion date is May 1, 2026.

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
_____________________________________________________________________________________________ Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):
_____________________________________________________________________________________________ Authorized Signature Date
_____________________________________________________________________________________________ Agreement Number: Amendment
Number:
425000463 1
12/9/25
Adam D. Ross, Vice President

ATTACHMENT A
132

2 (Rev. 11.20.25)
Printed Name and Title of Person Signing

_____________________________________________________________________________________________ Address

CITY OF STOCKTON

_____________________________________________________________________________________________ Johnny Ford, City Manager Date

ATTEST:
_____________________________________________________________________________________________ Katherine Roland, CMC, Interim City Clerk

APPROVED AS TO FORM:

Lori M. Asuncion, City Attorney

BY:

ATTACHMENT A
133
City of Stockton
Legislation Text
File #: 26-0028, Version: 1

COUNCIL AD-HOC COMMITTEE ON HOMELESSNESS

RECOMMENDATION
It is recommended that City Council adopt a resolution to re-reestablish an Ad-Hoc Homelessness Committee to serve in an advisory capacity to explore opportunities for safe camping and safe parking while looking for proven programs and partnerships focused on finding solutions for the unhoused.

Summary
Homelessness is a significant priority for this Council. Stockton residents view homelessness as a humanitarian crisis affecting the quality of life of the entire city. The need for a resolution to this issue has never been greater. This committee will serve in an advisory capacity to explore opportunities for safe camping and safe parking while looking for proven programs and partnerships focused on finding solutions for the unhoused.

DISCUSSION
Background
Pursuant to Council Policy 3.06.010(4)(C), the Council by resolution may create Ad Hoc committees that are tasked with addressing specific issues. The members of the committee are appointed by the Mayor based on the expertise and expressed interest of the Councilmembers. The term of the committee may not exceed one year, unless reestablished or extended by resolution of the Council.

As stated in the introductory paragraph to Council Policy 3.06.010, the purpose of Council committees is to “provide detailed analysis and study matters, including public input, which are referred to the Committee by the City Council…and to provide the full Council with a report on its findings and recommendations. Delegation of such studies is essential to the efficiency of the City Council.”
On November 16, 2021, the City approved Resolution 2021-11-16-1208 establishing the City’s Ad- Hoc Committee on Homelessness, re-establishing it via Resolution 2023-08-22-1204 on August 22, 2023, again on June 18, 2024, via Resolution 2024-06-18-1201, and again on January 21, 2025, via Resolution 2025-01-21-1204.

Present Situation
City Council has been working towards maximizing City efforts to find solutions to homelessness within the City. The Council has determined that an Ad-Hoc Committee is necessary to create an effective long-term solution.

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The attached Resolution re-establishes this Committee formalizing the scope and focus of the Committee, naming the participating members, setting forth the chair and vice chair, naming the alternate member of the Committee, and expiring at the end of the term, December 31, 2026.

The Committee will consist of Councilmembers Michele Padilla as Chair, Councilmember Villapudua as Vice Chair, Councilmember Mariela Ponce as a Member and with Councilmember Michael Blower the Alternative. The Committee will meet regularly at the discretion of the chair and will report to Council at the discretion of the chair.

FINANCIAL SUMMARY
The financial impact, at this time, is limited to the staff time required to support the Committee.

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION RE-ESTABLISHING THE AD-HOC COMMITTEE ON HOMELESSNESS

AND APPOINTING COUNCILMEMBERS TO SERVE ON THE COMMITTEE

The Ad Hoc Committee on Homelessness was established by Council Resolution 2021-11-16-1208, re-established by Council Resolution 2023 -08-22-1204 on August 22, 2023, again on June 18, 2024, via Resolution 2024-06-18-1201, and again on January 21, 2025, via Resolution 2025-01-21-1204; and

Council Policy 3.06.010(4)(C) authorizes the City Counci l to establish or re-establish ad-hoc committees targeted towards specific issues; and

The Ad Hoc on Homelessness Committee expired on December 31, 2025, unless re-established or extended by resolution of the Council with appointments to be made by the Mayor based on the expertise and expressed interest of the Councilmembers; and

The City Council desires to re-establish the Ad-Hoc Committee on Homelessness to serve in an advisory capacity to explore opportunities for safe camping and safe parking while looking for proven programs and partnerships focused on finding solutions for the unhoused.; now, therefore,

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

1. This City Council hereby approve s the re-establishment of the Ad-Hoc Committee on Homelessness to serve in an advisory capacity to explore opportunities for safe camping and safe parking while looking for proven programs and partnerships focused on finding solutions for the unhoused , and to expire on December 31, 2026.

2. The following Councilmembers are appointe d to serve on the Ad-Hoc Committee on Homelessness:

Councilmember Michele Padilla (Chair)
Councilmember Brando Villapudua (Vice-chair)
Councilmember Mariela Ponce (Member)
Councilmember Michael Blower (Alternate)

//
//
//
//
136

3. The Ad-Hoc Committee on Homelessness will report its progress to the Council at the discretion of the Chair.

PASSED, APPROVED, and ADOPTED January 13, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
137
City of Stockton
Legislation Text
File #: 25-1403, Version: 1

APPROVE MOTION TO EXECUTE A THREE-MONTH AGREEMENT WITH ANIMAL BALANCE

FOR STOCKTON ANIMAL SHELTER SPAY AND NEUTER SERVICES IN A TOTAL NOT-TO- EXCEED AMOUNT OF $126,000

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

1. Approve findings which support and justify an exception to the competitive bidding process pursuant to Stockton Municipal Code section 3.68.070(A)(3), where the City held a competitive Request for Proposals.

2. Authorize the City Manager to execute a three-month contract between the City of Stockton (City) and Animal Balance for the Stockton Animal Shelter’s (SAS) spay and neuter services in an amount not to exceed $126,000 (Attachment A).

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

Summary
Animal Balance will partner with Stockton Animal Services to support high-volume spay and neuter clinics designed to alter approximately 200 pets across three clinic events. Their team will provide the medical leadership, surgical expertise, and clinic logistics needed to run efficient, humane, and community-centered events. Working alongside Stockton Animal Services staff and volunteers, Animal Balance will help establish a streamlined process for intake, anesthesia, surgery, and recovery, prioritizing safety and best practices. This partnership will expand access to essential spay and neuter services for local pet owners, reduce accidental litters, and directly support efforts to decrease shelter intake and improve overall animal welfare outcomes in Stockton.

If approved, Animal Balance will perform three (3) high-volume, high-quality clinics, with a minimum of 200 spay/neuters over three clinic events, impacting the City’s current overpopulation crisis.

DISCUSSION
Background
The City of Stockton continues to face a persistent pet overpopulation crisis, with stray animal intakes regularly exceeding shelter capacity. Limited access to affordable and timely veterinary care, particularly spay and neuter services, remains one of the primary drivers of this challenge. Without sufficient prevention, unplanned litters continue to enter the community, increasing the number of City of Stockton Printed on 1/8/2026Page 1 of 3
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stray animals and placing ongoing pressure on shelter operations. This situation also prolongs the length of stay for animals and complicates the City’s efforts to comply with state health and safety requirements related to medical care and sheltering.

To address these conditions, Stockton Animal Services requires access to high-volume, high-quality spay and neuter capacity that exceeds what its standard operations can provide. The community continues to express strong support for reducing shelter intake, improving humane outcomes, and expanding access to essential veterinary services. These priorities align with the City’s mission to reduce the unwanted pet population and enhance service delivery to residents.

Without contracting with Animal Balance, the shelter will remain unable to resolve its current backlog of sterilization surgeries, resulting in continued overcrowding, extended stays, and ongoing reproduction among unaltered animals. Local veterinary providers and mobile units cannot meet the volume or turnaround times required to stabilize intake levels. Delays in securing the necessary service capacity would further strain limited resources and negatively affect animal welfare, operational efficiency, and community trust.

Present Situation
On October 30, 2025, the City issued Request for Proposals (PUR 26-015) to perform spay and neuter services for a total of 200 animals across three clinic events. Each clinic event will be conducted over a three day weekend, Friday through Sunday.

On November 20, 2025, the City received the following proposal (Attachment B):

Company Location Cost
Animal Balance Portland, OR $126,000
A committee comprised of the Stockton Police Department (SPD), Animal Services, and Strategic Operations evaluated the proposal based on Qualifications, Professional Experience, Industry Expertise, and Capacity. Animal Balance met or exceeded all requirements and was determined to be a fully qualified vendor. The vendor is familiar with high-quality, high-volume clinic processes and procedures and will bring industry subject-matter experts to conduct the clinic spays and neuters.

Staff recommend that the City Council adopt a motion to award an agreement to Animal Balance for $126,000 to conduct the requested spay and neuter clinics.

Findings
Stockton Municipal Code Section 3.68.070(A)(3) states that the City Council may approve findings that support and justify an exception to the competitive bidding process.

The following findings support and justify an exception:

1. The City does not currently have adequate staff capacity to manage the workload associated with high-volume spay and neuter services. As a result, SPD is requesting to contract with a firm that has the personnel, expertise, and infrastructure necessary to complete a minimum of City of Stockton Printed on 1/8/2026Page 2 of 3
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200 spay and neuter procedures over three clinic events.

2. The Request for Proposals process is appropriate for this service contract and was conducted through an open and competitive solicitation in compliance with procurement requirements.

Proposals were evaluated on qualifications, experience, expertise, and cost to identify the best value vendor that can provide high-quality services for the City.

3. Contracting with an experienced provider will also ensure that Stockton Animal Shelter staff and volunteers receive training on all aspects of clinic operations, strengthening internal capacity and enhancing long-term service delivery.

4. The City requires a firm with extensive experience performing high-volume, high-quality spay and neuter procedures to ensure safe, efficient, and consistent outcomes for the community.

FINANCIAL SUMMARY
The proposed cost of this contract shall not exceed $126,000. Funding for these additional services is included in the FY 2025-26 Police Department’s Animal Shelter General Fund budget.

Attachment A - Animal Balance Master Services Agreement Attachment B - Cost Proposal
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MASTER SERVICES AGREEMENT
This
Master Services Agreement (“Agreement”) is effective as of _______(“Effective Date”), by and between Animal Balance, a California nonprofit public benefit corporation (“Contractor”); and the City of Stockton Animal Services Center (“Partner”) (singularly, “Parties” and collectively, “Parties”).

RECITA
LS
WHER
EAS, Partner desires that Contractor provide, and Contractor desires to provide, experienced veterinary medical personnel to perform high quality high volume spay/neuter surgeries, which, if requested, shall include microchipping or treatments of parasites (“Services”); WHER
EAS, Contractor is an independent entity certified to do business, has the requisite licenses, registrations and certifications to perform the Services, and is customarily engaged in the business of providing the Services consistent with the work described in the Statement(s) of Work (“SOW”) attached herein and appended from time to time as Schedule A; WHER
EAS, Partner wishes to engage Contractor for such services on the basis set out in this Agreement and the SOW; and
WHER
EAS, Contractor agrees to provide the Services as described in the SOW and covenants it will abide by the terms of this Agreement.

NOW,
THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and adequacy of which are hereby conclusively acknowledged, the Parties, hereby agree, incorporating these recitals by ref erence thereto, as follows:

AGREEM
ENT

1. INDEPENDENT CONTRACTOR STATUS. It is the Parties’ intent that each of them, including their officers, directors, principals, managers, employees, representatives and agents, at all times, and with respect to this Agreement, are independent contractors, and neither are officers, directors, principals, managers, employees, representatives and agents of the other Party. Neither Party shall represent that it is an officer, director, principal, manager, employee, representative, affiliate or agent of the other Party.

2. SERVICES AND DUTIES. Contractor shall perform the duties described in the SOW.

3. TERM OF AGREEMENT. This Agreement will commence on the Effective Date and will continue until completion of the Services on or during the dates described in the SOW, as may be agreed to from time to time.

4. CONFIDENTIAL INFORMATION.

ATTACHMENT A
141
(A
) Confidential Information – In General . Each Party (“Receiving Party”) acknowledges that the other Party (“Disclosing Party”) has technical information, processes and compilations of information, records, specifications and information concerning assets, information regarding methods of doing business, trade, business and financial secrets, and other confidential and proprietary information (collectively, the “Confidential Information”) and that during the term of this Agreement, they may each receive, use or contribute to the Confidential Info rmation. For purposes of this Agreement, Confidential Information shall include (i) each Party's technology, processes, methodologies, business practices and technical information; (ii) information, lists and databases regarding the Parties, their customers, employees, donors, assets, suppliers, or their marketing plans, business plans, financial status, agreements, patents or trade secrets; (iii) in any form, furnished to or obtained by the Receiving Party from the Disclosing Party including, without limitation, employee, donor, and client data, budget and other financial data, program plans and strategies, technical data and research, and know -how; and (iv) any and all other information, documents, items or materials deemed by the Disclosing Party, in its sole discretion, as confidential or that should reasonably be understood by the Receiving Party to be confidential at the time of such disclosure. Confidential Information excludes information which: (a) is or becomes generally available to the public other than as a result of a disclosure by the Disclosing Party; (b) was known by the Receiving Party prior to its being furnished by the Disclosing Party; (c) is or becomes available to the Receiving Party on a non-confidential basis from a source other than the Disclosing Party; or (d) is independently developed by the Receiving Party. (b) Disclosure of Confidential Information. During and following the Term, each Party agrees (i) to hold Confidential Information of the Disclosing Party in confidence , and (ii) not to release any of the Disclosing Party’s Confidential Information to any person, except that the Receiving Party shall be allowed to disclose the Disclosing Party’s Confidential Information to its contractors and/or employees as needed to complete the Services. Disclosure is also permitted pursuant to a valid legal obligation, including but not limited to a subpoena, a court order, a California Public Records Act request, or a discovery request. Each Party agrees to use reasonable efforts to give the Disclosing Party notice of any and all attempts to compel disclosure of any Confidential Information, in such a manner so as to provide such Party with written notice at least five (5) days before disclosure or within one (1) business day after a Party is informed that such disclosure is being or shall be compelled, whichever is earlier. Such written notice shall include a description of the information to be disclosed, the court, government agency, or other forum through which the disclosure is sought, and the date by which the information is to be disclosed, and shall contain a copy of the subpoena, order or other process used to compel disclosure.
(c) Return of Confidential Information. Upon a Party’s written request, the Receiving Party will deliver to the Disclosing Party all Confidential Information in tangible form or in the Receiving Party’s possession or control. Any retention by a Receiving Party of Confidential Information following the termination of this Agreement or upon such written request from the Disclosing Party shall constitute a breach of this Agreement.

5. LOCATION AND TIME OF SERVICES (“CLINICS”). The Clinics subject to this Agreement shall take place at the location(s), date(s), and time(s) as stated in the SOW.

6. TERMINATION.

ATTACHMENT A
142
(a) Partner may terminate this Agreement at any time for any reason by providing no less than 21-days written notice in advance of a Clinic next-scheduled under the SOW. If Partner terminates this Agreement less than 21 days in advance of that next-scheduled Clinic, Contractor may deem the deposit paid for the next- scheduled Clinic forfeited and nonrefundable, in Contractor's sole discretion.
(b) Contractor may terminate this Agreement prior to any Services being provided by providing a 21 -days written notice to the Partner, and shall refund any deposit previously paid by Partner if terminated prior to the Services, or any part of the Services, being provided. (c) Upon proper termination by either Party, the Contractor shall be allowed to invoice and receive any payments paid for completed clinics or Services.

7. FACILITIES/PREMISES PERMITS, CONDITIONS AND ACCESS. Partner shall provide a temperature - controlled location for the Clinics. The location must meet the specifications for comparable facilities as set forth by AVMA guidelines, which shall not abridge applicable California law. (A) Partner shall ensure that all permits required for the Clinics are obtained and remain valid for each Clinic.
(B) Partner shall ensure that information requested by Contractor and third parties with a need to know information related to the Services in Partner’s possession or control are so provided.

Partner shall ensure that Contractor has access to the Clinics premises between the hours of 7:00 AM- 7:00 PM one day prior to each Clinic, and one day following each Clinic. (C) Partner shall ensure an adequate setup at each Clinic for curbside patient drop-off and pickup.

Partner shall ensure there is adequate parking and traffic control at each Clinic.

8. PARTNER-RETAINED PERSONNEL FOR NON-MEDICAL DUTIES. At least 30 days before each Clinic, Contractor shall notify Partner regarding the number of persons that Partner must provide to assist with general, non -medical duties such as registration, cleaning, and animal transport (“Non-medical Duties”).
(A) For each Clinic, Partner shall provide an adequate number of persons, in Partner’s sole and absolute discretion, to assist with these Non-medical Duties. Partner shall ensure that Partner and its personnel have signed the Contractor's liability waiver, release, and acknowledgement of receipt of Contractor’s handbook document prior to performing Non-medical Duties at any Clinic.
(B) Partner shall be responsible for supervision of all of Partner’s personnel.

9. PUBLICITY. The Parties shall mutually provide appropriate credit and acknowledgement of Contractor’s and Partner’s performance at each Clinic as publicity opportunities may arise from time to time, including in any publication in news or social media related to the Clinics. In any and all social media, publicity of any kind, press releases, or website postings created or controlled by the Parties regarding the Clinics, each Party shall expressly identify and give credit to the other Party in their respecti ve publications. Additionally, Contractor shall provide Partner with reasonable advance notice of any and all publicity or social media posts in draft form for Partner’s review and comment prior to publication or posting.

10. MEALS. Partner shall provide daily lunch to Contractor and all members of its team, following a vegan/vegetarian diet, for each Clinic.

ATTACHMENT A
143

11. ANIMAL PATIENT LIST. No later than three days before each Clinic, Partner shall ensure that Contractor receives the daily schedule of animals for each clinic date per the formula as follows: 50% dogs/50% cats.
(A) Partner agrees to follow the schedule template provided by the Contractor, which template shall be provided no later than 30 days before any given Clinic .
(B) The animals that are ineligible for Clinics and Contractor shall not provide Services to the following: (i) dogs greater than 80 pounds; (ii) animals less than two pounds or eight weeks of age; (iii) brachycephalic dogs; (iv) any animal which Contractor de ems inappropriate for Services, in the sole discretion of Contractor.
(C) Partner shall ensure that the patient’s medical record is completed and signed using the name of the animal's legal owner at the time Services are rendered.

12. POST-CLINIC COMMUNICATIONS AND CARE. Partner and its representatives shall exercise good faith efforts to call the designated after-hours line to talk to a Contractor representative in the event of any postoperative concerns, including using its best efforts to adhere to the following contact protocol:
(A) The owner of the animals, whether that is a member of the public or a shelter or municipality, shall send Contractor a photo of the incision site upon request, when available. The owner shall call the line twice and wait at least 15 minutes for a return call before calling the Contractor’s emergency number. If Contractor and the owner mutually determine that a visit to a veterinarian is necessary, Contractor shall be responsible for payment for the initial exam. Any additional care must be approved by the Contractor in advance, which approval shall not be unreasonably withheld. Contractor shall n ot be responsible for any veterinary charges or payments unless Contractor has approved the expense in writing prior to treatment.

13. EUTHANASIA. No animal receiving Services at a Clinic shall be euthanized unless the decision to euthanize has been mutually agreed upon by designated representatives of both Contractor and Partner. Euthanasia shall be performed pursuant to the Contractor’s SOP for euthanasia.

14. INSURANCE.
(A) Contractor shall be responsible for obtaining premises insurance for the Clinics. No less than one month before each Clinic, Contractor shall provide Partner with proof of insurance with respect to the facilities and/or premises at each Clinic. (B) Contractor shall maintain or cause to be maintained any and all business, professional and/or malpractice insurance customary in veterinary medical services and/or required by applicable law related to Contractor’s performance of Services.

15. NON-DISPARAGEMENT. Except as required by applicable law and/or compelled action in a valid legal or administrative proceeding, the Parties will take no action which is intended, or would reasonably be expected, to harm the other Party or the other Party’s reputation, or which would reasonably be expected to lead to unfavorable publicity for that Party.

16. FORCE MAJEURE. If the performance of any act required by this Agreement to be performed by either Contractor or Partner is prevented or delayed by reason of an act of God, inability to secure materials, restrictive governmental laws or regulations, or any other cause exc ept financial inability, commercially reasonable maintenance of staffing levels, and maintenance

ATTACHMENT A
144
of equipment and transport that is not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay, and performance of the act during the period of delay will be excused.

17. ASSIGNMENT. Neither this Agreement nor any right or obligation of any Party hereunder nor interest herein may be assigned or transferred by any Party without the written consent of the other Party.

18. MUTUAL INDEMNIFICATION AND LIMITATION OF LIABILITY. (A) To the fullest extent permitted by law, City of Stockton shall hold harmless, defend and indemnify Animal Balance 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 Animal Balance ’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 Animal Balance. 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. (B) To the fullest extent permitted by law, Animal Balance 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 Animal Balance ’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 independ ent 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.

19. MISCELLANEOUS.
(A) Amendments and Modifications . This Agreement may be amended or modified only by the written consent of the Parties.
(B) Entire Agreement. This Agreement, including any Addenda or Schedules hereto, constitutes the entire agreement of the Parties and supersedes and replaces all prior written or oral agreements, negotiations and prior writings with respect to the subject matter hereof. (C) Notices. Any notice required or permitted by this Agreement shall be in writing and shall be deemed sufficient when delivered personally, via electronic mail or by courier or overnight delivery service, if such notice is addressed to the Party to be notified at such Party’s address as listed below:

FOR ___________________ FOR ANIMAL BALANCE:

Emma Clifford
Animal Balance
PO Box 66406
Portland OR 97290
[email protected]

ATTACHMENT A
145
(D) Donations. Any donations received by the Partner or Contractor during the Clinics shall be delivered to Partner so long as Partner maintains its tax -exempt status at the time of the donation.
(E) Governing Law/Venue. This Agreement shall be governed by the laws of the State of California.

If legal action is commenced by any Party with respect to the subject matter hereof, the Parties agree that the jurisdiction and venue of such action shall be located in San Joaquin County Superior Court.
(F) Legal Disputes, Attorneys’ Fees and Costs . If any dispute arises between the Parties with respect to matters covered by this Agreement, the Parties shall first use commercially reasonable, good faith efforts to participate in mediation before commencing legal proceedings. The prevailing Party in any such dispute shall be entitled to seek an award of reasonable attorney fees, expert witness fees and out- of-pocket costs incurred in connection with such dispute, in addition to any other relief to which it may be entitled. (G) Severability. If one or more provisions of this Agreement are held to be unenforceable under applicable law, then such unenforceable provision(s) shall be deemed severed from the agreement but the remaining provisions of the agreement shall remain in force. (H) Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument. (I) Construction of Agreement. Each Party acknowledges that, in executing this agreement, such Party has had the opportunity to seek the advice of independent legal counsel, and has read and understood all of the terms and provisions of this agreement. This agreement shall not be construed against either Party by reason of the drafting or preparation hereof. (J) Compliance with Laws. The Parties agree to abide by all federal, state or local laws, regulations, ordinances or other legal requirements in connection with Contractor’s performance of the Services hereunder. In addition, at all times during this Agreement, each Party shall have in effect all licenses, permits and authorizations required by applicable law. No Party shall perform any Services under this Agreement for which it does not hold all necessary licenses, permits and authorizations.
(K) Survival. Notwithstanding any other provision of this Agreement to the contrary, Sections 4 (Confidential Information), 15 (Non -disparagement), and 17 (Indemnification), and each and every provision which by its terms is intended to survive termination, shall surv ive the termination of this Agreement and/or the termination of any Party’s rights and obligations hereunder.

IN
WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.

CON
TRACTOR:

Animal Balance
a California nonprofit public benefit
corporation
PARTNER:

By: ______________

ATTACHMENT A
146
By: ______________
Emma Clifford, Founder and Director

ATTACHMENT A
147
SCH
EDULE A – STATEMENT OF WORK
ST
ATEMENT OF WORK NO.: 1
CL
INIC LOCATION:
___________________________________________________________________________ CLINIC DATE(S): ______________________________________________________________ SE
RVI
CES:

1. Contractor shall primarily provide spay/neuter surgeries, and may assist with other animal ailments in its sole discretion. Should the Contractor decide not to treat other ailments, Contractor will refer the animal to a local veterinarian for further care at the discretion of the animal’s owner. Contractor shall advise the owner that any expenses resulting from such referrals shall not be the responsibility of either Partner or Contractor.

2. Contractor shall provide an experienced high quality high volume veterinary medical team consisting of a minimum of two (2) veterinarians licensed in the State of _____, one (1) clinic coordinator and two (2) to four (4) technicians, whose skill level matches customary vete
rinary clinic expectations.

3. Contractor shall cooperate with Partner to obtain the veterinary medical supplies necessary for the target number of surgeries.

4. Contractor shall coordinate with Partner to ensure that all necessary equipment is provided to safely allow Contractor to provide the Services. Contractor shall also coordinate with the Partner to organize and orchestrate the flow of the sterilization clinic so that it is efficient and safe for all humans and animals.

5. Contractor shall provide accurate medical records for each patient to Partner within one week of each Clinic. The contents of such medical records shall be mutually agreed upon by the Parties to the Agreement.

6. No later than 30 days before each clinic, Contractor shall provide its current Medical, Volunteer and Clinic Flow SOPs and Contractor handbook to Partner, and immediately provide any updated or modified versions that may be created.

SE

RVICE FEES

1. Th
e total cost for 200 surgeries is $________per clinic. Not later than 21 days before the commencement date of each of the Clinics, Partner shall pay Contractor a $________ deposit for the respective Clinic.

2. If Contractor performs more than 200 surgeries at any Clinic, additional surgeries shall b
e charged at a rate of $100 per surgery.

3. Co
ntractor shall provide a final invoice within five business days of each Clinic’s end date, which will include charges for any additional surgeries provided over the agreed upon amount. Payment is due in 30 days from invoice date.

ATTACHMENT A
148
CON
TRACTOR:

Animal Balance
a California nonprofit public benefit
corporation
By:
______________
Emma Clifford, Founder and Director
DATE: ______________________
PARTNER:

By: ______________
DA
TE: ______________________

ATTACHMENT A
149
Exhibit B:

Insurance Requirements for Professional Services
(Veterinary Services)
Co
nsultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

MINIMU

M SCOPE AND LIMIT OF INSURANCE
Co
verage shall be at least as broad as:

1. Co
mmercial 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. Au
tomobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Wo
rkers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Pr
ofessional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.

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

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

ATTACHMENT A
150
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37). 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 Consultant’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 Consultant’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 Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The policies shall be provided on a true “following form” 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
Consultant hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self -Insured Retentions

Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Consultant to purchase coverage with a lower

ATTACHMENT A
151
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 self- insured retention may be satisfied by either the named insured or City of Stockton.

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

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

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

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

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

Verification of Coverage

Consultant shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All required documents are to be received and approved by the City of Stockton before work commences. However, failure to obtain the documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements, at any time.

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

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years
after completion of the contract of work .

ATTACHMENT A
152

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

ATTACHMENT A
153
8-8

COST PROPOSAL
Proposal Submitted By:

Company Name:

Contact Name:

Contact Email:

Contact Phone:

Consulting Fees:

Materials and Resources:

Description:

Cost Breakdown:

Estimated Cost: $
Travel Expenses:

Accommodations: $
Per Diem: $
Estimated Cost: $
Total Estimated Cost: $
Animal Balance
Megan Gram
[email protected]
541-728-8085
Signature: Title:ProgramDirector Date:

Project Overview: 200 sterilization surgeries for cats and dogs over three days Description of Services: 200 sterilization surgeries for cats and dogs over three days for three clinic dates
Megan Gram 11/14/25
4/12/26
Project Start Date: ______________
Project End Date: ___6/14/26___________
$0 Hourly Rate: $
(No. of Hours: )
Estimated Total: $
Mileage: $_0_________ (Miles: _________)
15000
1200
Other Expenses:

Description: Pay for veterinarians and techs
Medical supplies medical supplies for 200 surgeries
36,000
73,800
126,000

ATTACHMENT B
154
City of Stockton
Legislation Text
File #: 25-1339, Version: 1

ADOPT RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT THE TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 2025-26

RECOMMENDATION
It is recommended that the City Council adopt a resolution to authorize the City Manager or his designee to:

1. Execute and submit a claim to the San Joaquin Council of Governments for the Transportation Development Act tax revenue for the 2025-26 fiscal year.

2. Receive and deposit the proceeds in Transportation Development Act Fund 245 pursuant to State of California requirements.

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 City is entitled to a formula-based apportionment of the statewide Transportation Development Act (TDA) tax revenue to offset costs related to transportation projects. The San Joaquin Council of Governments (SJCOG) administers the State apportionment on an annual basis to agencies within the county. No matching funds are required as a condition of receipt, but SJCOG requires that the claim documents include a resolution by the governing body authorizing an annual claim. The recommended action authorizes the City Manager or his Designee to submit a claim to SJCOG for the TDA funds.

DISCUSSION
Background
SJCOG is responsible for the ongoing administration of TDA funds provided by a State Tax allocation to its Local Transportation Fund (LTF) established in 1972. The funding is for local public transit as well as bicycle and pedestrian projects. The LTF receives revenue from a 1/4 percent retail sales tax collected by the State of California in accordance with the TDA legislation.

Pursuant to the TDA regulations, 98 percent of the LTF funding is dedicated to fund public transit and is allocated to the City’s transit provider, San Joaquin Regional Transit District (SJRTD). Two percent of the LTF funding can be allocated for bicycle and pedestrian purposes. This “non-motorized” apportionment is distributed within San Joaquin County by SJCOG to cities and unincorporated areas based on population. The City uses these funds for bicycle paths, sidewalk repairs, and wheelchair City of Stockton Printed on 1/8/2026Page 1 of 2
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File #: 25-1339, Version: 1
ramps. Public Works maintains a database of wheelchair ramps and sidewalks in need of repair, and the non-motorized LTF-TDA funding is allocated entirely to these projects in the annual Capital Improvement Plan (CIP).

SJCOG calculates the apportionments, allocates the resources, and notifies the agencies of the value of available funding. To receive TDA funds, the City is required to submit a claim to SJCOG, along with a Council resolution.

Present Situation
The total amount to be claimed by the City for the 2025-26 fiscal year is $2,301,826. This includes $1,801,269 previously claimed, received by the City, and allocated to CIP projects but not yet expended. These funds must be reclaimed as part of the annual process.

The 2025-26 fiscal year TDA available funding for the City is $500,557.

FINANCIAL SUMMARY
The TDA revenues and expenditures are allocated to a special revenue fund (Fund 245). Projects are allocated funding through the annual CIP budget or other Council action. The recommended action authorizes a 2025-26 TDA claim, upon receipt of which, the funds will be deposited into TDA Fund 245 for the Sidewalk, Curb, and Gutter Repair Program. No General Fund or matching resources are required to receive TDA funds as a result of this action.

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

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156

Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT THE TRANSPORTATION DEVELOPMENT ACT CLAIM FOR FISCAL YEAR 2025-26 AND

AUTHORIZING THE DEPOSIT OF FUNDS FOR THE SIDEWALK, CURB, AND

GUTTER REPAIR PROGRAM PURSUANT TO STATE OF CALIFORNIA

REQUIREMENTS

The San Joaquin Council of Governments (SJCOG) is responsible for the ongoing administration of Transportation Development Act (TDA) funds provided from a State Tax allocation to its Local Transportation Fund (LTF) established in 1972. The funding is for local public transit and bicycle/pedestrian projects; and

The LTF receives revenue from a 1/4 percent retail sales tax collected by the State of California in accordance with the TDA legislation; and

The City is entitled to a formula -based apportionment of the statewide TDA tax revenue to offset costs related to transportation projects; and

To receive TDA funds, the City is required to submit a claim to SJCOG, along with a Council resolution; now, therefore,

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

1. The City Manager or his Designee is hereby authorized and directed to execute and submit a claim to SJCOG for the TDA tax revenue for Fiscal Year 2025-26.

2. The City Manager or his Designee is hereby authorized to receive and deposit the proceeds in TDA Fund 245 pursuant to State of California requirements for the Sidewalk, Curb, and Gutter Repair Program.

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

PASSED, APPROVED, and ADOPTED January 13, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
157
City of Stockton
Legislation Text
File #: 26-0002, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE FIRE COMPANY 2 EMERGENCY COMMUNICATIONS CENTER REMODEL PHASE 1 PROJECT

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

1. Appropriate funds in the amount of $330,000 from the existing Emergency Communications Division sub-fund balance for Emergency Communications Center remodel costs associated with expanded dispatch operations.

2. Transfer funds in the amount of $330,000 from the Stockton Fire Department Emergency Communications Division sub fund to the Fire Company 2 Emergency Communications Division Remodel Phase 1, Project No. OM-26-011.

3. Award a Construction Contract in the amount of $119,000, to Pridex Construction Group, Inc., dba PCG Engineering of Folsom, CA, for the Fire Company 2 Emergency Communications Division Remodel Phase 1, Project No. OM-26-011.

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
On February 4, 2025, by Resolution No. 2025-02-04-1208, Council approved the participation of City of Stockton in the CENCAL Fire Emergency Medical Services Authority (CENCAL), a Joint Powers Authority (JPA) to provide regional ambulance transport and ambulance dispatch services within San Joaquin County. CENCAL has been selected by the San Joaquin County Emergency Medical Services Agency to provide exclusive ambulance transport services within exclusive operating area (EOA) Zones X and Y and to serve as the County’s designated emergency ambulance dispatch provider.

Under the JPA structure, CENCAL’s primary purpose is managing emergency medical transportation, including emergency ground ambulance services, 9-1-1 dispatch assistance, interfacility transport, and critical care transport.

The Stockton Fire Department’s Regional Emergency Communications Center (Dispatch Center), located at Fire Company 2, will serve as CENCAL’s subcontracted provider of countywide ambulance dispatch, significantly expanding its operations. Implementation of this expanded role will involve additional staffing which will require facility modifications to accommodate the increase in capacity.

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File #: 26-0002, Version: 1
On December 11, 2025, the City received four bids for this project. It is recommended that Council award a Construction Contract to the lowest responsive bidder, Pridex Construction Group, Inc., dba PCG Engineering, in the amount of $119,000. It is also recommended that Council adopt a resolution appropriating $330,000 from the Emergency Communications Division sub-fund balance to the Fire Company 2 Emergency Communications Division Remodel Phase 1, Project No. OM-26-011.

DISCUSSION
Background
On February 4, 2025, by Resolution No. 2025-02-04-1208, Council approved to enter into an agreement with the City of Lodi and the South San Joaquin County Fire Authority to join and participate in the CENCAL, a JPA. Under the JPA structure, CENCAL’s primary purpose is managing emergency medical transportation, including emergency ground ambulance services, 9-1-1 dispatch assistance, interfacility transport, and critical care transport. CENCAL has been selected by the San Joaquin County Emergency Medical Services Agency to provide exclusive ambulance transport services within exclusive operating area (EOA) Zones X and Y and to serve as the County’s designated emergency ambulance dispatch provider.

With CENCAL’s selection, SFD’s Dispatch Center will assume responsibility for countywide ambulance dispatch. The Dispatch Center needs additional personnel and facility modifications to accommodate the expansion of its operations. The existing facility layout does not have adequate space to accommodate additional personnel. Modifications to the interior are required to support this expanded role and to provide workstations for additional dispatchers.

On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was not applied to this project as the estimated construction cost was less than $1 million.

Present Situation
The project will remodel a portion of the ECD to create dedicated workstations for the additional dispatchers. The space to be remodeled consists of two existing dorm rooms, which will be converted into a functional dispatch workspace. The project will also create a new breakroom by reconfiguring the existing locker room and will include upgrades to the existing bathroom.

This conversion will enable additional dispatchers to be located within the City’s fire dispatch center, improving coordination, communication efficiency, and responsiveness between, SFD, and County emergency dispatch services.

On November 19, 2025, the Fire Company 2 Emergency Communications Division Remodel Phase 1, Project No. OM-26-011, was advertised for bids. On December 11, 2025, four bids were received with the following results:

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File #: 26-0002, Version: 1

COMPANY NAME BID AMOUNT
Pridex Construction Group, Inc., dba PCG Engineering $119,000 (Folsom, CA)
Wave Construction, Inc. $124,135
(Citrus Heights, CA)
Pro Builders $148,000
(Orangevale, CA)
Valley Construction Services, Inc. $201,015
(Stockton, CA)
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

The bid from Pridex Construction Group, Inc., dba PCG Engineering, the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council award a Construction Contract to Pridex Construction Group, Inc., dba PCG Engineering, in the amount of $119,000, for the Fire Company 2 Emergency Communications Division Remodel Phase 1, Project No. OM-26-011.

FINANCIAL SUMMARY
With the appropriation and transfer of funds, there will be sufficient funding to award a Construction Contract to Pridex Construction Group, Inc., dba PCG Engineering, in the amount of $119,000, with an additional project contingency of 20 percent ($23,800), to the Fire Company 2 Emergency Communications Division Remodel Phase 1 Project.

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160
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROPRATING AND TRANSFERRING FUNDS, AND AWARDING A CONSTRUCTION CONTRACT FOR THE FIRE CO MPANY 2 EMERGENCY COMMUNICATIONS DIVISION REMODEL PHASE 1, PROJECT NO. OM-26-011

On December 11, 2025, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the Fire Company 2 Emergency Communications Division Remodel Phase 1, Project No. OM-26-011; and

The project will remodel a portion of the E mergency Communications Division to create workstations for the additional dispatchers. The space to be remodeled consists of two existing dorm rooms, which will be converted into a functional dispatch workspace.

The project will also create a new breakroom by reconfiguring the existing locker room and will include upgrades to the existing bathroom; and

Pridex Construction Group, Inc. , dba PCG Engineering, is the lowest responsive bidder, in the amount of $119,000, and its bid is regular in all respects; now, therefore,

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

1. The City Council authorizes the appropriation of $330,000 from the existing Emergency Communications Division (100-130) sub-fund balance for Emergency Communications Center remodel costs associated with expanded dispatch operations.

2. The City Council authorizes the transfer of funds in the amount of $330,000 from the Stockton Fire Department Emergency Communications Division sub fund to the Fire Company 2 Emergency Communications Division Remodel Phase 1, Project No.

OM-26-011.

3. The City Council award s a Construction Contract between the C ity of Stockton and Pridex Construction Group, Inc., dba PCG Engineering, in the amount of $119,000, and the City Manager is authorized and directed to execute the same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

//
//
//
//
//
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161

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

PASSED, APPROVED, and ADOPTED January 13, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

__________________________

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

162
26 -011 (Updated 10/18/23)

CONSTRUCTION CONTRACT
T
his c ontract is made and entered into on _____________, by and between PRIDEX CONSTRUCTION GROUP, INC. DBA PCG ENGINEERING , a STATE OF CALIFORNIA CORPORATION, with a business address at 1550 IRON POINT ROAD STE. 1021 , FOLSOM, CA 95630 , hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY." W
I T N E S S E T H:

W
HEREAS, plans and specifications for the construction of FIRE CO. 2 EMERGENCY COMMUNICATIONS DIVISION REMODEL PHASE 1 (PROJECT NO.

OM-26-011), hereinafter called “PROJECT,” were regularly adopt ed by Council Resolution No. _________________, on _________________; and WHEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. _________________, on ________________.

NO
W, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:

CONTRACTOR agrees:

1. SC
OPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________, by Council Resolution No. _________________. The "contract documents," which include the bid documents, project plans, specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.

2. COMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for s ervices and reimbursement for costs shall not exceed $119,000, or as otherwise mutually agreed to in a Contract Change Order.

3. INSURANCE. CONTRACTOR shall not commence any work before obtaining, and shall maintain in force at all times during the duration and performance of this contract, the policies of insurance specified in Exhibit B, which is attached to this contract and incorporated by this reference, and as provided in the “contract documents” including Section 7- 1.06 of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, by Council Resolution No. 2016-09-27-1213, effective September 27, 2016.

Local Construction Contract – Pridex Construction Group, Inc. dba PCG Engineering – Project No. OM- EXHIBIT 1

163
Loc
al Construction Contract – Pridex Construction Group, Inc. dba PCG Engineering – Project No. OM- 26-011 (Updated 10/18/23)
It shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum i nsurance coverage requirements and/or limits shall be available to the Additional Insured.

F
urthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any i nsurance policy or proceeds available to the named Insured; whichever is greater.

T
he Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.

T
he limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess i nsurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self - insurance shall be called upon to protect it as a named insured.

A
ll self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.

P
olicies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.

T
he CITY reserves the right to obtain a full certified copy of any i nsurance policy and endorsements.

F
ailure to exercise this right shall not constitute a waiver of right to exercise later.

CO
NTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.

CO
NTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work.

Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of EXHIBIT 1

164
Loc
al Construction Contract – Pridex Construction Group, Inc. dba PCG Engineering – Project No. OM- 26-011 (Updated 10/18/23)
insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the City. 4 . INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5 . STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-

1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.

T
he Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct. 6 . WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration of 15 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY the sum of TWO THOUSAND EIGHT HUNDRED AND NO/100 DOLLARS ($2,800) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.

I
t is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as EXHIBIT 1

165
Loc
al Construction Contract – Pridex Construction Group, Inc. dba PCG Engineering – Project No. OM- 26-011 (Updated 10/18/23)
may be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.

A
working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works , inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.

I
f CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7 . CONFORMANCE TO APPLICABLE LAWS. 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 Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TI
TLE VI
T
itle 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)
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rights- act-of-1964.

T
he City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DI

SCRIMINATION AND HARASSMENT POLICY
T
he City of Stockton has a Discrimination and Harassment Policy ( Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination EXHIBIT 1

166
Loc
al Construction Contract – Pridex Construction Group, Inc. dba PCG Engineering – Project No. OM- 26-011 (Updated 10/18/23)
and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. L

ABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
Th
e bidder shall understand that conditions set forth in Chapter 1, Part 7, Division 2 of the California Labor Code shall be considered part of the contract agreement.
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode= LAB&division=2.&title=&part=7.&chapter=1.&article=2.
d. PR

EVAILING WAGE
C
ONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to e nsure that the prevailing wage rates of concern is current and paid to the employee.
i
. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at https://www.dir.ca.gov/Public- Works/Prevailing-Wage.html. The CONTRACTOR shall be
responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii
. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directl y chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of Calif ornia. To forfeit as a penalty to CITY the sum of TWENTY -FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by EXHIBIT 1

167
Loc
al Construction Contract – Pridex Construction Group, Inc. dba PCG Engineering – Project No. OM- 26-011 (Updated 10/18/23)
any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii
. The CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Complianc e Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. T
he CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job. e. L

OCAL EMPLOYMENT ORDINANCE
P
ursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section

3.68.095.
f. S

ANCTIONS
D
eliverables 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.

C
ITY agrees:
8 . COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the EXHIBIT 1

168
Loc
al Construction Contract – Pridex Construction Group, Inc. dba PCG Engineering – Project No. OM- 26-011 (Updated 10/18/23)
first day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefor e; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion. 9 . SECURITIES. Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of depos it.

CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
10 . CHANGE ORDERS . CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.

A
ny such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order wi ll not become effective until approved by the City Manager and/or the City Council.

P
rocessing of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4- 1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11 . AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

C
ONTRACTOR agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of the contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under EXHIBIT 1

169
Loc
al Construction Contract – Pridex Construction Group, Inc. dba PCG Engineering – Project No. OM- 26-011 (Updated 10/18/23)
investigation for the purpose of determining compliance with this requirement.

CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12 . WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.

I
t is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.

I
N WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.

A
TTEST: CITY:

KATHERINE ROLAND, CMC, CPMC

CITY CLERK
By:

By: JOHNNY FORD

C ITY MANAGER
APPR
OVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

PRIDEX CONSTRUCTION GROUP,
INC. DBA PCG ENGINEERING
By:

ASSISTANT CITY ATTORNEY
T ax Identification No.

EXHIBIT 1

170
FIRE CO. 2 EMERGENCY

COMMUNICATIONS DIVISION REMODEL

PHASE I
PROJECT NO. OM-26-011

BID DING SCHEDULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.

Option 1 - If the City awards the contract, the award is made to the lowest responsible bidder.

ITEM NO.
1 2
3 4

ITEM DESCRIPTION LUMP SUM WORKING
AMOUNT($) DAYS
General Requirements and Site Preparation 30,000 1
Small Restroom 20,000 3
AMR Room 50,000 7
Locker Room 19,000 4
TOTAL BID --"-$1.;._;1;..;;..9.L..;;0-'-0..:....0 _______ _ BIDDER'S NAME Pridex Construction Group, Inc.

EXHIBIT A
EXHIBIT 1

171

BIDDER CERTIFICATION
The undersigned agrees that if this bid is accepted, he/she will contract with the City of Stockton in the form of contract attached hereto to perform all of the work in accordance with the contract and the drawings, specifications, and other documents incorporated therein; that he/she will take in full payment therefor, and for all other obligations assumed under the contract, the prices set forth in the following bid schedule except as otherwise provided in the specifications; and that he/she will execute such contract and furnish the required contract bonds in the manner and within the time provided in the bidding requirements and conditions. The undersigned further agrees that he/she has carefully examined the site of the work and the bid documents and any addenda thereto, and is fully informed of the nature and location of the work, the quantities of the work, and the conditions to be encountered in performing the work; that the only p;1rties interested in this bid as principals are those named herein ---�a-r1d�that lllis bid is r11ade witl10at collasior1 will! ar1y other party, a11d tlrat-thts-bid is subrnitted in all respects in accordance with the bidding requirements and conditions and all other requirements of the bid documents.

A BID GUARANTY ACCOMPANIES THIS BID IN THE FORM OF: (Check one of the following) Cash, or
Cashier's check, or
□ □ □
[Z]
Certified check payable to City of Stockton, or
Bidder's bond in favor of the City.

For any amount not less than ten percent ( 10%) of the aggregate of the bid.

ALSO ACCOMPANYING THIS BID ARE THE FOLLOWING ATTACHMENTS, PROPERLY EXECUTED AND SIGNED:

1. 2.

3. List of Subcontractors
Non-Collusion Declaration
DIR Self-Certification

4. Title VI Self-Certification

5. Local Employment Ordinance Acknowledgement

6. Local Business Preference Acknowledgement

THE CITY RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS
Pridex Construcrion Group, Inc.

Name of Firm
1550 Iron Point Rd. #1021
Address
#1107029 / A & B
Contractor Lie. No. & Classification
916.956.8106
Phone
Folsom CA
City State
93-3731565
Tax I.D. No.
95630
Zip
11/30/2027
Expiration Date
NOTE - State law requires bidders on public agency contracts to include on their bid: (1) their State contractors license number, (2) the license expiration date, and (3) a statement that the representations made therein are made under penalty of perjury. The law further states that "Any bid not containing this information, or bid containing information which is substantially proven false shall be considered non-responsive and shall be rejected by the public agency." THE REPRESENTAl' - NS1i;D E HEREIN ARE MADE UNDER PENALTY OF PERJURY Signature

BIDDER SIGN
¢::: HERE CEO
Title

EXHIBIT A
EXHIBIT 1

172

STATE OFICALIFORNIA
�
l!i.l�
w� CONTRACTORS STATE LICEN E BOARD
Pursuant to Chapter 9 of Division 3 of the Business and Professions Code and the Rules and Regulations of the Contractors State License Board, the Registrar of Contractors does hereby issue this license to:

PRIDEX CONSTRUCTION GROUP INC
dba PCG ENGINEERING
License Number 1107029
to engage in the business or act in the capacity of a contractor in the following classifications:
��
Miguel Galarza, Board Chair
13L-24 (REV. 10/17)

B - GENERAL BUILDING

A - GENERAL ENGINEERING
Witness my hand and seal this day,
July 22, 2025
Issued July 10, 2023

CERTIFIED COPY
This license is the property of the Registrar of Contractors, is not transferable, and shall be returned to the Registrar upon demand when suspended, revoked, or invalidated
for any reason. It becomes void if not renewed.

David R. Fogt, Registrar of Contractors
�I OSP 171�3868
AUDIT NO: 812366

EXHIBIT A
EXHIBIT 1

173
n .• R
State of CaJifornio
U Department of
liiiAf!i Industrial Relations
Customer Account Lookup
PWCR
2000008390
Contr.anor Srntus
DIR Approved
CSLB
1107029
Busin�ss P/1ont::
9169568106
Ext
Regis;:r,3[ion Start Date
2025-05-11
Crar..s
General Engin.eerin_g Carpenter G eneral Building
Address
Mailing .A.ddress
1550 Iron Point Rd #1021
Mailing Address - City
Folsom
Mailing Address· Seate
CA
Mailing Acidness - Zip
95630
Mailing Address -Country
United States
Related Lists
_Registration.Dates&
Loe.gal Enrit'/ N.sm�
PRIDEX CONSTRUCTION GROUP INC.

Doing Busi11ess As (DBP.J
PCG Engineering
Businoess Structur.E
CorprA:::tian
Pr,;slden<
Valerii Kalinichenko
Ernail
[email protected]
Registra(ion End OJte
2026-06-30
Physical Address
Physical Addrass - City
Physical Address - Seate
Physical Address -Zip
Physical Address- Country

EXHIBIT A
EXHIBIT 1

174
REV 2025-06-04
Exhibit B:

Insurance Requirements
(Building Remodel)
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter , insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

1. Com
mercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Aut
omobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $2,000,000 per accident for bodily injury and property damage.

3. Work
ers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Pro
fessional Liability (Errors and Omissions) Insurance appropriate to the Contractor’s profession, with limits no less than $1,000,000 per occurrence or claim, and $1,000,000 policy aggregate.

5. Con
tractors Pollution Liability applicable to the work being performed, with limits no less than $1,000,000 per occurrence or claim, and $1,000,000 policy aggregate.

6. Bu
ilder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

If t
he 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

EXHIBIT B
EXHIBIT 1

175
REV 2025-06-04
proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.

Self -Insured Retentions
Se
lf-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.

The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.

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

1. Th
e City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

2. Fo
r any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its

EXHIBIT B
EXHIBIT 1

176
REV 2025-06-04
officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

3. Ea
ch insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.

Builder’s Risk (Course of Construction) Insurance
Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City of Stockton as a loss payee as their interest may appear.

If
the project does not involve new or major reconstruction, at the option of the City of Stockton, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery, or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City of Stockton’s site.

Claims Made Policies – (Professional & Pollution only)
If any coverage required is written on a claims-made coverage form:

1. Th
e retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

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

3. If
coverage is cancelled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

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

5. If
the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

EXHIBIT B
EXHIBIT 1

177
REV 2025-06-04
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.

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

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage
Co
ntractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subcontractors

EXHIBIT B
EXHIBIT 1

178
REV 2025-06-04
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years
after completion of the contract of work .

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

Certif
icate Holder Address
The a
ddress 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 B
EXHIBIT 1

179

EXHIBIT C
EXHIBIT 1

180

EXHIBIT C
EXHIBIT 1

181

EXHIBIT C
EXHIBIT 1

182

EXHIBIT C
EXHIBIT 1

183

EXHIBIT C
EXHIBIT 1

184

EXHIBIT C
EXHIBIT 1

185

EXHIBIT C
EXHIBIT 1

186

EXHIBIT C
EXHIBIT 1

187

EXHIBIT C
EXHIBIT 1

188

EXHIBIT C
EXHIBIT 1

189

EXHIBIT C
EXHIBIT 1

190

EXHIBIT C
EXHIBIT 1

191

EXHIBIT C
EXHIBIT 1

192

EXHIBIT C
EXHIBIT 1

193
BO

ND FOR FAITHFUL PERFORMANCE
KN
OW ALL MEN BY THESE PRESENTS:

That we, _______________________________, a STATE OF CALIFORNIA CORPORATION, as Principal and , a
corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of Califor nia, as obligee, in the just and full sum of ONE HUNDRED NINETEEN THOUSAND DOLLARS AND 00/100 DOLLARS ($119,000), in lawful money of the United States of America (being 100% of the contract pr ice) for the payment whereof well and truly to be made to the said CITY, the said Principal and Surety bind themselves, their s uccessors and assigns, jointly and severally, firmly by these presents.

The condition of the for egoing obligation is such that the above bounded Principal has simultaneously entered into a contract with the CITY, to do and perform the following work, to wit:

FIRE CO. 2 EMERGENCY COMMUNICATIONS DIVISION REMODEL PHASE 1 (PROJECT NO. OM-26-011)
N
OW, THEREFORE, if the above bounded Principal, CONTRACTOR, Company or
Corporation or its subcontractor, shall well and truly perform the work contracted to be done under said contract, then this obligation to be null and void; otherwise to remain in full force and effect.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract, or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY, and no forbearance on the part of the said CITY shall operate to relieve any Surety or Sureties from liability on this bond, and consent by said Surety is hereby given, and the said Surety hereby waives the EXHIBIT 1

194
pr
ovisions of Sections 2819 and 2845 of the Civil Code of the State of California.

S
IGNED AND SEALED on
APPR
OVED AS TO SURETY: By:

P RINCIPAL

S URETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

A TTORNEY-IN-FACT
By:

DEPUTY CI TY ATTORNEY
EXHIBIT 1

195
BOND F

OR LABOR AND MATERIAL
KN
OW ALL MEN BY THESE PRESENTS:

That we, PRIDEX CONSTRUCTION GROUP, INC., DBA PCG ENGINEERING, a STATE OF CALIFORNIA CORPORATION, as Principal and , corporation, organized and existing under the laws of the State of and duly authorized to transact business under the laws of the State of California, as Surety, are held and firmly bound unto the City of Stockton, a municipal corporation, duly created and existing under and by virtue of the laws of the State of California, and unto any and all material suppliers, persons, companies, or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contemplated to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements of machinery, for or contributing to said work and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claims have not been paid by the contractor, company or corporation in the just and full sum of ONE HUNDRED NINETEEN THOUSAND DOLLARS AND 00/100 DOLLARS ($119,000), in lawful money of the United States of America (being 100% of the contract price) for the payment whereof well and truly to be made to said CITY and to said persons jointly and severally, the said principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents.

The condition of the foregoing obligations is such that the above bounden Principal has simultaneously entered into a contract of even date herewith, with the CITY, to do and perform the following work, to-wit:

FI
RE CO. 2 EMERGENCY COMMUNICATIONS DIVISION REMODEL PHASE 1 (PROJECT NO. OM-26-011)
NO
W, THEREFORE, if the above bounden Principal, CONTRACTOR, Company or Corporation or its subcontractor, fail to pay for all materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety on EXHIBIT 1

196
c
ontracted to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, provided that any and all claims hereunder shall be filed and proceedings had in connection therewith as required by the provisions of Division 3, Part 4, Title 15, Chapter 5, Article 1 of the Civil Code of California, provided that in case suit is brought upon this bond, a reasonable attorney's fee shall be awarded by the Court to the prevailing party in said suit; said attorney's fee to be fixed as costs in said suit, and to be included in the judgment therein rendered.

No prepayment or delay in payment and no change, extension, addition or alteration of any provision of said contract or in said plans or specifications agreed to between the said CONTRACTOR and the said CITY and no forbearance on the part of the said CITY shall operate to relieve any surety or sureties from liability on this bond, and consent to make such alterations without further notice to or consent by any such surety is hereby given, and the said sureties hereby waive the provisions of Sections 2819 and 2845 of the Civil Code of the State of California.

S
IGNED AND SEALED on .

APPR
OVED AS TO SURETY: By:

P RINCIPAL

S URETY
APPROVED AS TO FORM & CONTENT:

LORI M. ASUNCION

OFFICE OF THE CITY ATTORNEY
By:

A TTORNEY-IN-FACT
By:

DEPUTY CI TY ATTORNEY
EXHIBIT 1

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City of Stockton
Legislation Text
File #: 25-1420, Version: 1

APPROVE MOTION TO AUTHORIZE THE PURCHASE OF VANS

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

1. Award a Standard Agreement in the amount of $428,464.88 to Downtown Ford of Sacramento, CA, for the Purchase of Sedans, Vans, and SUVs, Project No. OM-25-122.

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

Summary
Public Works is responsible for maintaining the City’s fleet of vehicles and equipment. Staff recommends the replacement purchase of three sedans, six vans, and three SUVs (Attachment A).

The proposed replacement units have surpassed their stated life cycles for performance and efficiency of 10 years and/or 100,000 miles.

On October 9, 2025, the Purchase of Sedans, Vans, and SUVs, Project No. OM-25-122, was advertised for bids. On October 30, 2025, the City received two bids for this project. Both bids received were partial bids; therefore, only six vans will be procured.

It is recommended that Council approve a motion to award a Standard Agreement, in the amount of $428,464.88, to Downtown Ford for the purchase of six vans for Project No. OM-25-122 (Attachment B).

DISCUSSION
Background
Public Works is responsible for maintaining the City’s fleet of vehicles and equipment. The City’s replacement criteria for light-duty sedans, vans, and SUVs, based on industry standards for performance and efficiency, is 10 years and/or 100,000 miles. Adherence to this standard replaces equipment before routine failures and breakdowns are experienced, reducing the demand for extensive mechanical repairs. The replacement standard increases the resources available for preventative maintenance and is critical to the availability and performance of all fleet equipment, which includes all public safety and emergency response vehicles. Fleet staff identified three sedans, six vans, and three SUVs in service that exceed the age and/or mileage criteria or have recurring mechanical or operational problems.

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File #: 25-1420, Version: 1
Fleet staff prepared vehicle specifications and utilized the competitive bidding process to obtain bids for the supply of these vehicles. The specifications were generic and designed such that any of the major dealerships/manufacturers could bid.

Present Situation
On October 9, 2025, the Purchase of Sedans, Vans, and SUVs, Project No. OM-25-122, was advertised for bids. On October 30, 2025, two bids were received with the following results:

COMPANY NAME BID AMOUNT
American Chevrolet $163,198.46
(Modesto, CA)
Downtown Ford $428,464.88
(Sacramento, CA)
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section 3.68.095, also applies to this contract.

Bids were evaluated by Fleet staff with consideration of, but not limited to, kind, suitability, warranties, delivery time, and compatibility to achieve the lowest ultimate cost and best value to the City. The bid received from American Chevrolet, with the lowest price, only accounted for three of the 12 units (specifications E-G). Downtown Ford submitted bids for seven of the 12 units (specifications A, E- I).

The vendors only submitted bids for vehicles available in their manufacturer’s product line.

The bid from Downtown Ford for specification A does not meet the requested vehicle class specification and was removed from consideration. The bid from Downtown Ford for specifications E- I (purchase of six vans) is preferable due to a quicker delivery schedule and provision of vehicles that match the City's specifications more closely resulting in fewer modifications. Staff recommends that the six required vans be purchased from Downtown Ford. The sedans and SUVs portion of the bid (specifications A-D) did not receive a viable bid response; therefore, they will be procured through a Cooperative Purchase Agreement to maintain the timeline of the Fleet Replacement Plan.

It is recommended that Council approve a motion to award a Standard Agreement, in the amount of $428,464.88, to Downtown Ford of Sacramento, CA, for the purchase of six vans for Project No. OM- 25-122 (Attachment B). The six vans being replaced will be sold at public auction.

FINANCIAL SUMMARY
There are sufficient funds available in the Public Works Fiscal Year 2025-26 Fleet Internal Service Fund Equipment Acquisition Account, and the Police Department Acquisition Account for the purchase of six vans.

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

Attachment A - Vehicle Replacement List
Attachment B - Standard Agreement with Downtown Ford
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ATTACHMENT A
UNIT YEAR MAKE MODEL CLASS DEPT DIVISION PURCHASE ACCOUNT TOTAL SPEC Dealer NOTES 5394 2013 TOYOTA PRIUS SEDAN PW FLEET 4530-718-800004-500-000-00-45- - A -

BIDDER SUBMISSION

DOES NOT MEET
SEDAN

SPECIFICATIONS
3994 2015 FORD FUSION SEDAN CM OVP 4530-718-800004-500-000-00-45- - B - NO BID SUBMISSION 5396 2013 TOYOTA PRIUS SEDAN FD FIRE PREVENTION 4530-718-800004-500-000-00-45- - B - NO BID SUBMISSION ADD - - - SUV MUD ENGINEERING 6518-000-800003-610-000-00-65- - C - NO BID SUBMISSION 5271 2009 FORD F-250 SUV MUD LABS
6519-000-800003-600-000-00-65- (20%)
6519-000-800003-610-000-00-65- (75%)
6519-000-800003-620-000-00-65- (5%)

- D - NO BID SUBMISSION
5373 2013 FORD ESCAPE SUV MUD WW OPERATIONS 6513-000-800003-610-000-00-65- - D - NO BID SUBMISSION 5369 2013 FORD TRANSITCONNECT VAN IT IT 4530-718-800004-500-000-00-45- $50,956.69 E DOWNTOWN FORD
4099 2016 NISSAN NV2500 VAN PD ANIMAL SERVICES 4530-718-800004-500-000-00-45- (80%) 3513-325-650001-260-263-20-35- (20%) $56,506.97 F DOWNTOWN FORD
5499 2016 NISSAN NV2500 VAN PW COMMUNITYENHANCEMENT 4530-718-800004-500-000-00-45- $64,608.40 G DOWNTOWN FORD
4242 2019 FORD TRANSIT

CONNECT
VAN PD ANIMAL SERVICES 4530-718-800004-500-000-00-45- (60%) 3513-325-650001-260-263-20-35- (40%) $77,854.62 H DOWNTOWN FORD
5337 2012 FORD F-250 VAN PW FACILITIESELECTRICAL 4530-718-800004-500-000-00-45- $89,269.10 I DOWNTOWN FORD
5376 2013 FORD F-150 VAN PW FACILITIES ADMIN 4530-718-800004-500-000-00-45- $89,269.10 I DOWNTOWN FORD
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CITY OF STOCKTON
2025 SEDANS, VANS, AND SUVS BID
Specification Vehicle Type:

A .................. Mid-size All-Electric EV Sedan
B ................... Midsize Hybrid HEV Sedans
C .................. Small Plug-In Hybrid PHEV Sports Utility Vehicle SUV D ................... Small Hybrid HEV Sports Utility Vehicles SUVs E ................... 1/2-Ton 130" Wheelbase Low-Roof Cargo Van with Accessories F ................... 1-Ton 148" Wheelbase Low Roof 15-Passenger Van G ................... 3/4-Ton 148" Wheelbase Low Roof Cargo Van with Accessories H ................... 1-Ton 148" Wheelbase High Roof Cargo Van with Accessories I .................... 1-Ton 148" Wheelbase High Roof Cargo Vans with Accessories Note: All vehicles, equipment, and accessories referring to specific brands, models, and part numbers are not required if the specification of the alternative is equivalent to the referenced brand, model or part.

A. Minimum Specifications for Midsize EV Sedan - 1 Unit (rep. 5394) • EPA size class midsize EV sedan
• Cloth seating
\Z\\Z
• Minimum four-person seating capacity
• Minimum EPA 240-mile total driving range
• Minimum 11 0kW electric powered motor
• Minimum 60kWh lithium-ion battery
• SAE J1772 type EV charging plug
• Regenerative braking system
• Air conditioning
• Power steering, brakes, windows, and door locks
• Cruise control
• Tilt steering wheel
• AM/FM radio
• Bluetooth wireless phone compatibility
• Rear backup camera with display
• Blind spot side mirrors
• Painted white
• Grey or Neutral interior
• 4 sets of keys

EXHIBIT A

ATTACHMENT B