City Council and Concurrent Authorities
City of Stockton
Meeting Agenda - - Revised
City Council and
Concurrent Authorities
Christina Fugazi, Mayor/Chair (At Large)
Jason Lee, Vice Mayor (District 6)
Michele Padilla (District 1)
Mariela Ponce (District 2)
Michael Blower (District 3)
Mario Enríquez (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, February 17, 2026 3:00 PM
Closed Session 3:00 PM :: Regular Session 5:30 PM
1. CLOSED SESSION CALL TO ORDER/ROLL CALL
2. ADDITIONS TO CLOSED SESSION AGENDA
3. ANNOUNCEMENT OF CLOSED SESSION
3.1 26-0168 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 26-0172 CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: City Manager; Deputy City Manager Christine Tien; Acting City Attorney; Chief Financial Officer, Director of Human Resources; Assistant Director of Human Resources; Supervising HR Analyst Labor; and Admin Budget Officer John Al
Employee Organizations: Unrepresented Units, Stockton City Employees’ Association, Operating Engineer’s Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, City of Stockton Page 1 Printed on 2/13/2026
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Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers’ Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.
Department: City Attorney
3.3 26-0174 PUBLIC EMPLOYEE / PUBLIC EMPLOYEE APPOINTMENT:
Recommended Action: City Attorney
This Closed Session is authorized pursuant to Government Code section 54957(b).
Department: City Attorney
3.4 26-0175 CONFERENCE WITH LABOR NEGOTIATOR
Recommended Action: Agency Designated Representative: Rosemary Rivas, Human Resources Director
Unrepresented employee: City Attorney
This Closed Session is authorized pursuant to section 54957.6 of the Government Code.
Department: City Attorney
4. CLOSED SESSION PUBLIC COMMENT
5. RECESS TO CLOSED SESSION
6. REGULAR SESSION CALL TO ORDER/ROLL CALL
7. INVOCATION/PLEDGE TO FLAG
8. REPORT OF ACTION TAKEN IN CLOSED SESSION
9. ADDITIONS TO REGULAR SESSION AGENDA***
10. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS
10.1 26-0078 PRESENTATION: BEAM (BIOECONOMY, AGRICULTURE,
MANUFACTURING) CIRCULAR PRESENTATION
Department: Office of the Mayor
10.2 26-0187 PROCLAMATION: BLACK HISTORY MONTH
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Department: Office of the Mayor
10.3 26-0188 PROCLAMATION: SAKA NAKODAR DAY
Department: Office of the Mayor
11. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA
12. CONSENT AGENDA
12.1 26-0177 REMOVAL AND APPOINTMENT TO THE WATER ADVISORY GROUP
Recommended Action: RECOMMENDATION
Pursuant to direction received from Councilmember Villapudua received on February 3, 2026, adopt a resolution removing Jamie Guerrero and filling that vacancy by appointing William Dearmond to serve on the seven-member Water Advisory Group for a partial term effective immediately and ending January 31, 2027.
Department: City Clerk
Attachment A - Redacted Application
Proposed Resolution
Attachments:
12.2 25-0788 ADOPT RESOLUTION AUTHORIZING THE SALE OF EXEMPT
SURPLUS LAND LOCATED ON A PORTION OF REAL PROPERTY
AT 6461 BROOKSIDE ROAD
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the sale of City-owned exempt surplus land located on a portion of real property at 6461 Brookside Road (APN 071-140-17) to San Joaquin Area Flood Control Agency (SJAFCA);
2. Authorizing the City Manager, or designee, to execute the Purchase Sale Agreement with SJAFCA;
3. Authorizing the filing of 44-25 under the California Environmental Quality Act (CEQA) for the disposition of exempt surplus real property located on a portion of 6461 Brookside Road; and
4. Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Department: Economic Development
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Attachment A - Resolution No 2025-09-23-1208
Attachment B - Vicinity Map - 6461 Brookside Road
Attachment C - Aerial Map - 6461 Brookside Road
Attachment D - Administrative Directive HRD-02
Attachment E - HCD Review
Proposed Resolution - Sale of 6461 Brookside Road
Exhibit 1 - PSA - 6461 Brookside Road
Exhibit 2 - NOE44-25 - Excess Real Property
Attachments:
12.3 26-0048 ADOPT A RESOLUTION TO ALLOCATE GRANT FUNDING FROM
THE HOMELESS HOUSING, ASSISTANCE AND PREVENTION
(HHAP) PROGRAM TO INTERIM HOUSING
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve and allocate HHAP funding as follows:
* $18,148.61 to Children's Home of Stockton for the Catalyst Project.
2. Authorize the City Manager, or designee, to enter into and execute any associated documents and take whatever actions are appropriate and necessary to carry out the purpose and intent of this resolution.
Department: Economic Development
Attachment A - 2020-11-17-1402
Proposed Resolution - HHAP 1 Children's Home
Attachments:
12.4 26-0164 APPROVE MOTION TO AUTHORIZE FIVE-YEAR AGREEMENT WITH
BRADSHAW CONSULTING SERVICES, INC FOR THE MARVLIS
SYSTEM STATUS MANAGEMENT PLATFORM TO SUPPORT
COUNTYWIDE AMBULANCE DISPATCH
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code Section 3.68.070 supporting an exception to the competitive bidding process; and
2. Authorize the City Manager to execute a five-year Agreement with Bradshaw Consulting Services, Inc. for the MARVLIS System Status Management platform, in an amount not to exceed $534,280.80.
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: Fire
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Attachments: Attachment A - Stockton - BCS MARVLIS Contract
12.5 26-0041 ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH AG-AIR, INC. FOR AERIAL SPRAYING SERVICES AT THE
REGIONAL WASTEWATER CONTROL FACILITY
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Specifications and Addenda for Helicopter Aerial Spraying Services for Mosquito and Vector Control at the Regional Wastewater Control Facility, PUR 26-007 (Exhibit 1 to the Resolution).
2. Authorize a five-year contract with Ag-Air, Inc. of Oakdale, California, for Helicopter Aerial Spraying Services for Mosquito and Vector Control at the Regional Wastewater Control Facility, for a total not-to-exceed contract amount of $343,000. (Exhibit 2 to the Resolution).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
Proposed Resolution
Exhibit 1
Exhibit 2
Attachments:
12.6 26-0042 ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH
JAYNE PRODUCTS TO PURCHASE CHEMICALS TO INHIBIT AND
REMOVE STRUVITE AT THE REGIONAL WASTEWATER CONTROL
FACILITY
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Specifications and Addenda for the Struvite Control Non-Hazardous Mineral Inhibitor and/or Removal Additives, PUR 26-012 (Exhibit 1 to the Resolution).
2. Authorize a five-year contract with Jayne Products of Carson, California, to purchase chemicals to inhibit and remove struvite at the Regional Wastewater Control Facility for a total not-to-exceed contract amount of $816,500 (Exhibit 2 to the Resolution).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Department: Municipal Utilities
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Proposed Resolution
Exhibit 1
Exhibit 2
Attachments:
13. ADMINISTRATIVE MATTERS
14. UNFINISHED BUSINESS
15. HEARINGS**
15.1 25-1415 ZONING MAP AMENDMENT TO REZONE 2.69± ACRES FROM
COMMERCIAL, NEIGHBORHOOD (CN) TO COMMERCIAL,
GENERAL (CG) AT 9450 WEST LANE AND 1530 EAST MORADA
LANE (APPLICATION NO. P25-0025)
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt an Ordinance approving a Zoning Map Amendment to rezone 2.69� acres (APNs 090-550-64 and -65) from Commercial, Neighborhood (CN) to Commercial, General (CG).
Department: Community Development
Attachment A - Vicinity Map
Attachment B - General Plan Map
Attachment C - Zoning Map
Attachment D - Tentative Parcel Map
Attachment E - Development Plans
Attachment F - Approved Resolutions
Proposed Ordinance
Exhibit 1 - Zoning Map Amendment
PPT - 15.1 - Zoning Map Amendment - 9450 West Lane and 1530 E Morada Attachments:
15.2 26-0001 AMENDMENT TO THE ARCH-AIRPORT SPERRY ROAD PRECISE
ROAD PLAN TO ALLOW ACCESS FOR AN APPROVED FUELING
STATION AND CONVENIENCE STORE (P25-0045)
Recommended Action: RECOMMENDATION
It is recommended that the City Council accept the Planning Commission's recommendation and approve the Precise Road Plan Amendment to the Arch-Airport Sperry Road Precise Road Plan, in accordance with Findings for Decision detailed herein.
Department: Community Development
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Attachment A - Location Map
Attachment B - Arch-Airport Sperry Road Precise Road Plan Attachment C - Access Analysis
Attachment D - Planning Commission Resolution 2026-01-08-0502 Proposed Resolution
Exhibit 1 - Precise Road Plan Amendment
PPT - 15.2 - Arch-Airport Sperry Road Precise Road Plan Amendment Attachments:
15.3 26-0153 PUBLIC HEARING REGARDING AN EXTENSION OF URGENCY ORDINANCE NO. 2025-03-04-1504 WHICH ADOPTED FINDINGS
AND ESTABLISHED A TEMPORARY MORATORIUM ON THE
ESTABLISHMENT OF NEW, AND RELOCATION OR PHYSICAL
EXPANSION OF EXISTING, TOBACCO RETAIL BUSINESSES, ALSO
KNOWN AS SMOKE SHOPS
Recommended Action: RECOMMENDATION
It is recommended that the City Council:
1. Adopt an urgency ordinance, pursuant to California Government Code Section 65858, to extend Urgency Ordinance No. 2025-03-04-1504, which established a temporary moratorium on the establishment of new, and relocation or physical expansion of existing, tobacco retail businesses, also known as smoke shops, for a period of one year, based on current findings and continued threat to public health, safety, and welfare;
2. Find that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of licenses for additional tobacco retailers, or for the expansion/relocation of existing retailers, would be inconsistent with and frustrate the City's ongoing efforts to study and potentially revise its regulatory framework;
3. Direct staff to continue preparing and finalize permanent regulatory amendments regarding the zoning, licensing, and land-use impacts of tobacco retail businesses within the City;
4. Approve and issue the attached City Council Report pursuant to Government Code section 65858(d); and
5. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.
Department: Administrative Services
Attachment A - City Council Report
Proposed Moratorium Extension Ordinance
Attachments:
16. NEW BUSINESS
16.1 26-0152 ADOPT AN URGENCY ORDINANCE AMENDING TITLE 5, CHAPTER
5.104 OF THE STOCKTON MUNICIPAL CODE UPDATING TOBACCO
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RETAIL LICENSE REQUIREMENTS AND REGULATIONS
Recommended Action: RECOMMENDATION
It is recommended that the City Council:
1. Adopt an urgency ordinance amending Title 5, Chapter 5.104 of the Stockton Municipal Code relating to tobacco retailers.
2. Approve and issue the attached City Council Report pursuant to Government Code Section 65858(d).
3. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.
Department: Administrative Services
Attachment A - Proposed TRL Ordinance Redline
Attachment B - City Council Report - TRL
Proposed TRL Ordinance (Clean)
PPT - 16.1 - Proposed TRL Ordinance
Attachments:
16.2 26-0171 PRESENTATION ON PHOENIX HOUSING PROJECT FOR THE
UNSHELTERED
Recommended Action: RECOMMENDATION
Discussion led by Councilwoman Padilla for possible council direction.
Department: Office of the Mayor
16.3 26-0186 DISCUSSION REGARDING POTENTIAL EMPLOYMENT
AGREEMENT WITH THE CHIEF OF POLICE
Recommended Action: RECOMMENDATION
It is recommended that the City Council discuss and, if appropriate, provide feedback to the City Manager regarding the negotiation of a potential employment agreement with the Chief of Police.
Department: Office of the Mayor
17. CITY MANAGER'S UPDATE
18. COUNCIL COMMENTS
19. ADJOURNMENT
1. INFORMATIONAL ITEMS
1.1 26-0193 SAN JOAQUIN REGIONAL TRANSIT DISTRICT UPDATE Recommended Action: RECOMMENDATION
Informational Item Only. No action to be taken.
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Department: City Manager
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 February 13, 2026, in compliance with the Brown Act.
Katherine Roland, CMC, CPMC
City Clerk
By: ________________________________
Deputy
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PUBLIC COMMENTS
*Citizens may comment on any subject within the jurisdiction of the City Council/Successor Agency to the Redevelopment Agency/Public Finance Authority/Parking Authority, including items on the Agenda. The time limit for public comment is four (4) minutes and remains at the discretion of the presiding officer and changes shall be set at the start of the meeting. Speakers must submit “Request to Speak” cards to the City Clerk, and be prepared to speak when called. No speaker cards will be received after the close of the Citizen’s Comments portion of the meeting.
**Speakers should hold comments on items listed as a Hearing until the Hearing is opened.
The City of Stockton invites public comments in multiple forms. You provide your comments by using one of these methods:
1. Email - you may email your comments to [email protected]
2. Voicemail - you can leave a voice message by dialing (209) 937-8459.
3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. b) Address only issues over which the meeting body has jurisdiction. c) The time limit for public comment is at the discretion of the presiding officer and shall be set at the start of the meeting. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office 90 minutes prior to the meeting start time will be forwarded to the meeting body members as correspondence and attached to the minutes. All comments received after that time will be forwarded as correspondence the following business day. Written and voicemail comments will not be read into the record.
In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 425 North El Dorado Street, Stockton, California 95202 during normal business hours or by calling (209) 937-8458, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.
Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 425 North El Dorado Street, Stockton, California 95202, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.
CHALLENGING CITY DECISIONS: The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Stockton, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.
Council Policy Manual Chapter 4.07 DECORUM
§ 4.07.010 Policy.
1) COUNCILMEMBERS
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The City Council will practice civility and decorum in their discussions and debate. Councilmembers will value each other's time and will preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, use personal, impertinent or slanderous remarks, nor disturb any other member while that member is speaking or refuse to obey the orders of the presiding officer or the Council, except as otherwise provided herein.
A) All Councilmembers have the opportunity to speak and agree to disagree but no Councilmember shall speak twice on any given subject unless all other Councilmembers have been given the opportunity to speak.
B) The Mayor has the affirmative duty to maintain order. The City Council will honor the role of the Mayor in maintaining order. If a Councilmember believes the Mayor is not maintaining order, the Councilmember may move that the Vice-Mayor enforce the rules of decorum and otherwise maintain order. If that motion receives a second and is approved by a Council majority, the Vice-Mayor shall enforce the rules of decorum and maintain order.
C) Any Councilmember who violates the rules repeatedly shall be sanctioned by the City Council, including, but not limited to, barring the Councilmember from further participation (other than voting) on the subject. 2) PERSONS ADDRESSING THE CITY COUNCIL
Persons addressing the Council shall not make personal, impertinent, unduly repetitive, slanderous or profane remarks to the Council, any member of the Council, City staff or the general public, nor utter loud, threatening, personal or abusive language, nor engage in any other conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of the Council meeting. Any person who makes such remarks, who utters loud, threatening, personal or abusive language, who is unduly repetitious or engages in extended discussion of irrelevancies, or who engages in any disorderly conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting. 3) ENFORCEMENT
The rules of decorum set forth above shall be enforced in the following manner:
Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her to leave the Council meeting. If such person does not remove himself or herself, the presiding officer may order any law enforcement officer who is on duty at the meeting to remove that person from the Council Chambers.
4) RULES PERTAINING TO SIGNS, OBJECTS, SYMBOLIC MATERIALS, AND FIRE SAFETY WITHIN THE
COUNCIL CHAMBERS DURING COUNCIL MEETINGS
A) Objects and symbolic materials such as signs which do not have sticks attached or otherwise create any fire or safety hazards will be allowed within the Council Chamber during Council meetings provided that they are not so large as to infringe upon the space of those in adjacent areas, and are no wider on their longest side than the audience chairs.
B) Persons with objects and symbolic materials such as signs must remain seated when displaying them except when making an oral presentation to the Council and must not raise them above shoulder level or otherwise use them to obstruct vision or passage or disturb the conduct of the Council meeting. Such materials may not be placed on or against the walls, doors or furniture or in the aisles.
C) Exits shall not be obstructed in any manner. Obstructions, including storage, shall not be placed in aisles or other exit ways. Hand carried items must be stored so that such items do not inhibit passage in aisles or other exit ways.
D) Exit ways shall not be used in any way that will present a hazardous condition.
E) Overcrowding and admittance of persons beyond the approved capacity of a place of assembly are prohibited.
F) The Fire Marshal may establish designated areas for media equipment. 5) PERSONS AUTHORIZED WITHIN RAIL
No person except City officials and City staff shall be permitted within the rail in front of the City Council dais without the express consent of the presiding officer.
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Legislation Text
File #: 26-0168, 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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City of Stockton
Legislation Text
File #: 26-0172, Version: 1
CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: City Manager; Deputy City Manager Christine Tien; Acting City Attorney; Chief Financial Officer, Director of Human Resources; Assistant Director of Human Resources; Supervising HR Analyst Labor; and Admin Budget Officer John Al 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 #: 26-0174, Version: 1
PUBLIC EMPLOYEE / PUBLIC EMPLOYEE APPOINTMENT:
City Attorney
This Closed Session is authorized pursuant to Government Code section 54957(b).
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Legislation Text
File #: 26-0175, Version: 1
CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: Rosemary Rivas, Human Resources Director Unrepresented employee: City Attorney
This Closed Session is authorized pursuant to section 54957.6 of the Government Code.
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Legislation Text
File #: 26-0078, Version: 1
PRESENTATION: BEAM (BIOECONOMY, AGRICULTURE, MANUFACTURING) CIRCULAR
PRESENTATION
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City of Stockton
Legislation Text
File #: 26-0187, Version: 1
PROCLAMATION: BLACK HISTORY MONTH
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Legislation Text
File #: 26-0188, Version: 1
PROCLAMATION: SAKA NAKODAR DAY
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City of Stockton
Legislation Text
File #: 26-0177, Version: 1
REMOVAL AND APPOINTMENT TO THE WATER ADVISORY GROUP
RECOMMENDATION
Pursuant to direction received from Councilmember Villapudua received on February 3, 2026, adopt a resolution removing Jamie Guerrero and filling that vacancy by appointing William Dearmond to serve on the seven-member Water Advisory Group for a partial term effective immediately and ending January 31, 2027.
Summary
Councilmember Villapudua requested the removal of Jamie Guerrero from the Water Advisory Group and the appointment of William Dearmond for a partial term effective immediately and ending on January 31, 2027.
DISCUSSION
Background
Council Policy 3.04.01 (c) states: A person appointed by the City Council to any Board, Commission or Committee (hereafter, "Commission") shall continue to serve as a member thereof except when The Councilmember responsible for appointing the seat has requested the member be removed in writing. Councilmember Villapudua is responsible for the District 5 appointment to the Water Advisory Group.
Present Situation
Councilmember Villapudua is responsible for the District 5 appointment to the Water Advisory Group and has requested the removal of Jamie Guerrero. This would create a vacancy on the committee to be filled by William Dearmond for a partial term effective immediately and ending on January 31, 2027.
The Office of the City Clerk notified Jamie Guerrero on February 11, 2026, that this item will be on the agenda for the Council Meeting of February 17, 2026.
FINANCIAL SUMMARY
This action will have no direct financial impact to the City.
Attachment A - Redacted Application
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Submit Date: Feb 03, 2026
Email Address
First Name Last Name
Street Address
City State Postal Code
Primary Phone Alternate Phone
Employer Job Title
Application for appointment and background information for City of Stockton Boards, Commissions, and Committees
Profile
Ethnicity
Gender
What district do you live in? *
District 5
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
William Dearmond
Stockton CA
William Dearmond
Attachment A
21 Which Boards would you like to apply for?
Water Advisory Group: 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
Question applies to Water Advisory Group
Do you reside within one of the Stockton Municipal Utilities' three utility service areas?
Yes No
Are you a qualified elector of the City of Stockton?
Yes No
Interests & Experiences
Please tell us about yourself and why you want to serve.
I am someone who believes in showing up where help is needed. I don’t come with a personal agenda, just a willing heart and a desire to serve. I’m flexible, dependable, and ready to support wherever I can be most useful. I believe service is about meeting needs, not being seen, and I’m grateful for the opportunity to help in any way that’s needed.
Please state the reason you would like to be a member of this board/commission.
Iam seeking membership on this board because I believe in serving where I am needed and contributing my time, skills, and experience for the good of the community. I care deeply about thoughtful decision-making, collaboration, and accountability, and I value listening to diverse voices as we work toward meaningful solutions. Serving on this board would allow me to support the mission of the commission, help advance positive progress, and be part of work that creates lasting impact.
Have you served on an advisory group before?
Yes No
William Dearmond
Attachment A
22 Upload a Resume
How did you hear about the position?
COUNCILMEMBER BRANDO VILLAPUDUA DICTRICT 5
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
Enter Your Initials:
Wd
Date Signed
2-3-26
William Dearmond
Attachment A
23 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION REMOVING AND APPOINTING ONE MEMBER TO THE WATER
ADVISORY GROUP
Pursuant to Council Policy 3.04.01(c), Councilmember Villapudua is removing Jamie Guerrero from the Water Advisory Group; and
Due to the removal of Jamie Guerrero, a vacancy exists on the Water Advisory Group and
Having reviewed the active applications on file, Councilmember Villapudua has nominated William Dearmond to fill the vacancy; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Jamie Guerrero is removed from the Water Advisory Group pursuant to Council Policy 3.04.0(c)
2. William Dearmond is hereby appointed to the Water Advisory Group, for a term effective immediately, and ending on January 31, 2027.
PASSED, APPROVED, and ADOPTED February 17, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
24 City of Stockton
Legislation Text
File #: 25-0788, Version: 1
ADOPT RESOLUTION AUTHORIZING THE SALE OF EXEMPT SURPLUS LAND LOCATED ON A PORTION OF REAL PROPERTY AT 6461 BROOKSIDE ROAD
RECOMMENDATION
It is recommended that the City Council adopt a resolution:
1. Authorizing the sale of City-owned exempt surplus land located on a portion of real property at 6461 Brookside Road (APN 071-140-17) to San Joaquin Area Flood Control Agency (SJAFCA);
2. Authorizing the City Manager, or designee, to execute the Purchase Sale Agreement with SJAFCA;
3. Authorizing the filing of 44-25 under the California Environmental Quality Act (CEQA) for the disposition of exempt surplus real property located on a portion of 6461 Brookside Road; and
4. Authorizing the City Manager, or designee, to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.
Summary
The property located at 6461 Brookside Road consists of approximately 114.39-acres and includes a facility that is currently occupied and operated by the Municipal Utilities Department (MUD). A portion of this site consists of unused City-owned land that is not required for current or future City operations. The area currently occupied and operated by MUD will remain excluded from the disposition.
An offer of $739,000 has been received from SJAFCA to acquire a portion of the property as a mitigation site for a levee improvement project. All City Departments were surveyed to determine the property as surplus, and City Council authorized the exempt surplus designation on September 9, 2025 (Attachment A - Resolution 2025-09-23-1208). Disposition of this parcel will allow the property to serve a useful purpose and provide revenue to the City.
This action will allow for City-owned real property, which is unnecessary for present or prospective public use, to be eliminated from the maintenance program, thereby reducing future City costs. Staff recommend that the City Council adopt the proposed resolution for the disposition of a portion of real property located at 6461 Brookside Road, APN 071-140-17, in the amount of $739,000 (Attachment B - Vicinity Map and Attachment C - Aerial Map).
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DISCUSSION
Background
Administrative Directive HRD-02 (Attachment D - Administrative Directive HDR-02) establishes standard procedures for the sale of real property belonging to the City. Specifically, the procedures allow all real property that is surplus to the City’s present and anticipated future needs to be sold to serve a useful purpose, be returned to the active tax rolls, and provide revenue to the City’s General Fund. HRD-02 requires that any department that becomes aware that a City property is no longer necessary for use notify the Economic Development Department (EDD), which will explore the possibility of disposing of the property. EDD will initiate the process by circulating details about the property to all City Departments to determine if the property is excess property. Once the property is deemed excess, EDD submits the property to the City Manager, together with a recommendation that the property be declared excess and sold. The Council must approve the disposition of City real property.
The State of California’s Surplus Land Act (AB 1486) requires that the City send notices offering the property first to public agencies and any developers who have notified the California Department of Housing and Community Development (HCD) of their interest in developing affordable housing on surplus land, unless the property qualifies for an exemption under the Surplus Land Act.
The subject property was deemed exempt surplus by Resolution 2025-09-23-1208, and the City’s findings were forwarded to HCD. On November 5, 2025, HCD issued a letter confirming the property qualifies as “exempt surplus land” under Government Code section 54221, subdivision (f)(1)(D) (Attachment E - HCD Review). Accordingly, the City is not required to adhere to the noticing provisions of the Surplus Land Act for this property.
In addition, staff recommends that no subdivision map be required for the proposed land division and transfer, pursuant to Government Code Section 66426.5 and 66428(a)(2) of the Subdivision Map Act.
These provisions exempt transfers of land between public agencies for public use from the requirement to file a subdivision map, provided no new parcels are created for sale or development.
Since this transfer is for a public project and does not involve subdividing the property, the exemption applies.
Present Situation
The 6461 Brookside Road property consists of 114.39-acres of land. On March 27, 2025, Bender Rosenthal submitted an appraisal report on behalf of SJAFCA to purchase a portion of property consisting of 73.84-acres of undeveloped land to be used as a mitigation site for a levee improvement project. Subsequently, City staff and Buyer agreed to a purchase price of $739,000 for the parcel.
The proposed levee is anticipated to be constructed on a portion of the remaining 40.55-acres owned by the City and adjacent to the proposed mitigation parcel recommended for disposition. The remaining portion currently has a sewer pump station that is occupied and operated by the Municipal Utilities Department. The levee is being designed by the United States Army Corps of Engineers (USACE). Once a completed plat and legal description are provided, City staff will review the proposed levee easement to ensure it does not interfere with MUD’s access to, or the operation of, City of Stockton Page 2 of 3 Printed on 2/12/2026
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the pump station.
The Purchase & Sale Agreement (PSA) contains a provision with an option to purchase the adjacent levee easement, with the easement purchase price to be determined through a future appraisal. The option term shall commence upon the closing date of the PSA and remain in effect for twelve (12) months, unless extended by mutual written agreement of the Parties. The City, SJAFCA, and USACE will work in good faith to grant a levee easement that benefits all parties and does not disrupt the existing MUD facility operations. Once the levee easement is finalized and a price is negotiated, an action to convey a levee easement deed shall be brought to City Council for consideration.
NOTIFICATION
As required for the lease or sale of real property, a notice in accordance with the provisions of Article V, Section 510, of the Charter of the City of Stockton was published in the official newspaper of the City at least ten (10) days before such action is taken. A public notice was published in the legal notice section of The Record on February 5, 2026.
ENVIRONMENTAL CLEARANCE
It has been determined by the Community Development Department that this activity/project regarding the sale of the property located on a portion of 6461 Brookside Road, is exempt under CEQA Guidelines pursuant to CEQA Guidelines Section 15060(c)(3) because it is not considered a "project" as defined by CEQA Guidelines Section 15378.A.
In accordance with Section 65402 of the Government Code, it has been determined that this project or action conforms to the City’s General Plan designation for the site and with the General Plan Policy Document, as amended.
FINANCIAL SUMMARY
If approved by Council, and upon close of escrow of the property, the gross amount of $739,000, less closing costs, advertising, filing, and miscellaneous fees, will be deposited into the Disposition/Fixed Assets/Sale of Fixed Assets General Fund Account.
Attachment A - Resolution 2025-09-23-1208
Attachment B - Vicinity Map
Attachment C - Aerial Map
Attachment D - Administrative Directive HRD-02
Attachment E - HCD Review
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ATTACHMENT A
28 ATTACHMENT A
29 ATTACHMENT A
30 ATTACHMENT A
31 ATTACHMENT A
32 ATTACHMENT A
33 ATTACHMENT A
34 City of Stockton, CA August 14, 2025
6461 Brooks ide Road - Vicini ty Map
Property Information
Property ID 07114017-141578
Location 6461 BROOKSIDE RD
Owner STOCKTON, CITY OF
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.
Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.
Critical layout or measurement
activities should not be done using
this resource.
1" = 1812.6482566552293 ft
ATTACHMENT B
35 City of Stockton, CA August 14, 2025
6461 Brooks ide Road - Aerial Map
Property Information
Property ID 07114017-141578
Location 6461 BROOKSIDE RD
Owner STOCKTON, CITY OF
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.
Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.
Critical layout or measurement
activities should not be done using
this resource.
1" = 1812.6482566552293 ft
ATTACHMENT C
36 CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.1 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
I. PURPOSE
To establish standard procedures for the sale of real property belonging to the City of Stockton in order to identify individual and departmental responsibilities.
II. POLICY
Real Property that is surplus to the City's present and anticipated future needs should be considered for sale in order that it may serve a useful purpose, be returned to the active tax rolls, and provide revenue to the City General Fund.
III. PROCEDURE
A. Any department, upon becoming aware that a property is no longer necessary for use, shall notify the Housing and Redevelopment Department (HRD) which will investigate the possibility of a sale. HRD shall initiate the process by circulating a sketch of the property to all City Departments to determine if it is excess to City needs and if any easements must be reserved for existing City utilities or future use.
B. Upon receipt of department responses and providing the property is not required for any City purpose, HRD shall submit a map of the property to the City Manager together with a recommendation that the property be declared excess and sold.
C. The City Manager shall advise the City Council that the property is excess and a sale will be attempted.
D. Upon declaration by the City Manager that the property is surplus, the Housing and Redevelopment Department, Real Property Section, shall:
1. Request the Public Works Department to prepare a map and legal description of the parcel. The legal description should contain a reservation of mineral rights below a depth of 500 feet.
ATTACHMENT D
37 CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.2 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
2. Obtain and place a "For Sale" sign on the surplus property.
3. Negotiate appraisal fee and order appraisal from a qualified independent appraiser. A qualified member of the Real Property Section staff may perform a staff estimate in cases where value is nominal or if otherwise directed by the City Manager.
4. Coordinate with appraiser to develop appraisal assumptions and limiting or special conditions.
5. Upon receipt or completion of the appraisal, conduct a staff appraisal review and have the appraiser make modifications or corrections, if necessary.
6. Submit a written appraisal review to the City Manager with recommendations for establishing a minimum sales price and the method of sale. The City Manager's execution and return of the approved appraisal review shall constitute authorization to proceed with the sale of the subject property.
7. Determine if the property is capable of independent development based on parcel size, frontage and setback requirements and provisions of applicable planning and zoning ordinances. a. If the property is not capable of independent development, it would first be offered to all adjoining property owners at the appraised value with the condition that any subsequent sale would require a lot merger of the subject parcel with the abutting owner's property. If more than one adjoining owner is interested in acquiring the subject property, the sale will be referred to the Finance Department, Purchasing Agent, to conduct a private bid sale between adjoining owners together with a recommendation for a minimum bid price (generally no less than 80% of appraised value). If no purchaser is identified by this process, the property would then be offered to the
ATTACHMENT D
38 CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.3 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
general public.
b. If the property is capable of independent development, notices offering the property for sale at current market value shall be sent to various public agencies pursuant to Government Code Section 54220, et seq. and if no purchaser is identified by this process, the property shall be offered for sale to the general public.
8. Sale to General Public.
a. When the subject property is capable of independent
development but not purchased by a public agency, and in those cases where the abutting owner(s) of property incapable of independent development are not interested in purchasing, the property shall be referred to the Finance Department, Purchasing Agent for sale to the general public. Such referral shall include documentation for the sale as appropriate, and a recommendation for either sealed bid or auction, based on the relative value of the property, the number of prospective purchasers, etc.
b. All written bids (including written bids submitted to qualify for oral bidding) shall be accompanied by a deposit of at least 10 percent of the amount of the bid in the form of a certified check, cashiers check or money order.
c. Upon completion of the oral bidding, the Purchasing Agent shall coordinate with the Real Property Section for execution of an Acknowledgment of Receipt of Earnest Money and Offer of Purchase by the successful bidder and the City. All contracts are to be approved as to form by the City Attorney's Office. d. Unsuccessful bidder's deposits shall be returned at the conclusion of oral bidding.
ATTACHMENT D
39 CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HRD-02 Page No.4 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Dale: 9/1/02
Reviewed: 7/7/06
e. If after reasonable market exposure no purchaser has been identified, HRD shall submit a memorandum to the City
Manager containing a recommendation for continued sales efforts or retention of the property.
9. Request environmental clearance for the sale of the property from the Community Development Department, Planning Division, including a request for a determination as to conformity with the General Plan.
10. Prepare a Council agenda report covering the proposed property sale and submit to the City Manager. The City Attorney shall prepare the required resolution.
11. Upon approval of the City Manager, send "Notice of Intention to Sell Real Property Interest" to the City Clerk for publishing in the legal notice section of the Stockton Record.
12. Process all documents required to close escrow or otherwise complete the sale. Deposit all proceeds of sale into General Fund Account No. 010-000-461.00.00. Notify the Purchasing Agent to transfer any deposits from the in-and-out trust account to the General Fund account and notify the Finance Department, Accounting Division of the sale.
13. Update city property index and file to reflect the sale.
E. For the sale of real property without bids:
1. The City Council may, by resolution, provide for the sale of real property without first calling for bids:
a. When the bid procedure as set forth in this directive has been used and no bids have been received; or
b. When it finds that such action will be in the best interest of the City.
ATTACHMENT D
40 CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
SUbject: Directive No. HRD-02 Page No.5 of 5
Revised: 1/1/95
SALE OF REAL PROPERTY Effective Date: 9/1/02
Reviewed: 7/7/06
2. The resolution provided for in Section E(1) shall direct the City Manager to sell such property on the terms and conditions as may be specified by Council.
3. A deed, conveying the right, title and interest which the City may have in the property shall be given to the purchaser of any property sold pursuant to this Section, upon prior payment in cash, by certified check, by cashier's check, or by money order, of the full purchase price and any incidental expenses pertaining to the transaction.
APPROVED
J. GORDON P LMER, JR.
CITY MANAGER
::ODMAIGRPWISEICOS.CM.CM_Library:50801.1
ATTACHMENT D
41 SLA0002133
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400, Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 5, 2025
Nancy Arroyo, Real Property Agent I
Economic Development Department
City of Stockton
425 N. El Dorado Street
Stockton, CA 95202
SENT VIA EMAIL TO: [email protected]
Dear Nancy Arroyo:
RE: City of Stockton - 6461 Brookside Road - Surplus Land Act Findings Letter Thank you for notifying the California Department of Housing and Community Development (HCD) of the City of Stockton’s (City) determination of a 73.84 portion of property located at 6461 Brookside Road, Assessor’s Parcel Number 071-140- 17(Property), as “exempt surplus land.” Your complete documentation was received on October 6, 2025.
HCD reviewed Resolution No. 2025-09-23-1208 (Resolution) and supporting documentation pursuant to Section 400 of the Surplus Land Act Guidelines. As explained below, HCD finds that the Property qualifies as “exempt surplus land” under Government Code section 54221, subdivision (f)(1)(D).
Analysis
As provided in Government Code section 54221, subdivision (f)(1)(D) states, “exempt surplus land” includes:
“Surplus land that a local agency is transferring to another local, state, or federal agency, or to a third-party intermediary for future dedication for the receiving agency’s use, or to a federally recognized California Indian tribe. If the surplus land is transferred to a third-party intermediary, the receiving agency’s use must be contained in a legally binding agreement at the time of transfer to the third-party intermediary.”
ATTACHMENT E
42 Nancy Arroyo, Real Property Agent I
SLA0002133
According to the Resolution, which was adopted on September 23, 2025, the Property is part of a larger parcel measuring approximately 114.39 acres and is not necessary for the City’s use. The City intends to transfer the Property to the San Joaquin Flood Control Agency (SJAFCA), which is another local agency. SJAFCA intends to use the Property to complete a levee improvement project. On October 6, 2025, the City confirmed that Government Code section 54221, subdivision (f)(2), does not apply to the Property and, therefore, a written notice of availability for open-space purposes is not required.
Conclusion
If the submitted documentation and assertions by the City are complete and accurate, HCD finds that the Property qualifies as “exempt surplus land” under Government Code section 54221, subdivision (f)(1)(D). SJAFCA should be aware that future dispositions, as defined in Government Code section 54221, subdivision (d)(1), of the Property, would be subject to the Surplus Land Act.
If you have any questions or need additional technical assistance, please contact Sandra Mukasa, Senior Housing Policy Specialist, at [email protected] or submit a request via the Surplus Land Act Portal.
Sincerely,
Laura Nunn
Housing Accountability Unit Chief
ATTACHMENT E
43 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE SALE OF EXEMPT SURPLUS LAND ON A PORTION OF REAL PROPERTY LOCATED AT 6461 BROOKSIDE ROAD The City of Stockton (“City”) has fee title of real property located at 6461 Brookside Road (APN 071-140-17) consisting of 114.39-acres. San Joaquin Flood Control Agency (SJAFCA) offered to purchase a portion of the property consisting of 73.84-acres; and The portion proposed for disposition is vacant land. SJAFCA has proposed to use the undeveloped land as a mitigation site for a levee improvement project; and All City Departments have been surveyed to determine the property as excess property; and
City Council declared the portion of property as exempt surplus land via Resolution 2025-09-23-1208; and
The City has submitted the exempt surplus declaration to the California Department of Housing & Community Development (HCD) pursuant to the Surplus Land Act; and
The City received approval from HCD to proceed with the disposition of the subject property to SJAFCA; and
The disposition of the subject property will allow it to serve a useful purpose and provide revenue to the City; and
The Community Development Department has determined that this action/project is exempt from the requirements of the California Environmental Quality Act (CEQA) and is granted a “general rule exemption” under section 15060(c)(3); now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City is hereby authorized to sell and convey to SJAFCA a portion of real property located at 6461 Brookside Road, more particularly described in the Purchase and Sale Agreement, which is attached hereto as Exhibit 1 and incorporated by this reference, and to settle all costs of every kind resulting from the disposition of said interest in real property.
2. The City Manager is authorized to approve the filing of Notice of Exemption 44-25 under CEQA, a copy of which is attached as Exhibit 2 and incorporated by this reference.
//
//
44 3. The City Manager, or designee, is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED: February 17, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
45 4971987
4971987.1
PURCHASE AND SALE AGREEMENT
(6461 Brookside Road and APN: 071-140-170)
KEY PROVISIONS SUMMARY
Effective Date
(Section 15.15)
The date this Agreement is executed by the last to sign of Buyer and Seller (as indicated by the date associated with such Party’s signature) as shown on the signature page(s) attached hereto
Seller City of Stockton, a municipal corporation
Buyer San Joaquin Area Flood Control Agency, a Joint Powers Authority Property That certain real property containing approximately 73.84 acres located at 6461 Brookside Road, Stockton, California (San Joaquin County tax parcel number 071- 140-170) as more particularly described by a legal description from a deed/title policy attached hereto as Exhibit A and as depicted on the site plan or survey attached hereto as Exhibit B
Escrow Agent Ann Kay
First American Title
3000 West Man Street
Visalia, CA 93291
Purchase Price
(Section 4)
$739,000
Closing Date
(Section 8.1)
60 Days After Effective Date
Notices
(Section 11)
Seller: Buyer:
City of Stockton, a municipal corporation
Attention: Tina McCarty
Director of Economic Development
425 N. El Dorado Street, 1st floor
Address: Stockton, CA 95202
Email: [email protected]
San Joaquin Area Flood Control Agency
Attention: Darren Suen
Executive Director
2800 West March Lane, Suite 200
Stockton, CA 95219
Email: [email protected]
Exhibits: Exhibit A – Legal Description of Property
Exhibit B – Site Plan or Survey of Property
Exhibit C – Form of Deed
Exhibit D – Easement Area – Levee
EXHIBIT 1
46 4971987 Page 1
PURCHASE AND SALE AGREEMENT
(6461 Brookside Road, Stockton, CA and APN 071-140-170 “Property”) This Purchase and Sale Agreement (“Agreement”) is made by and between City of Stockton, a municipal corporation (“Seller”) and San Joaquin Area Flood Control Agency, a Joint Powers Authority (“Buyer”), referred to individually as a “Party” and collectively as the “Parties”, to be effective as of _______________, 2026, which is the date mutually executed by the Parties (“Effective Date”).
The Parties agree as follows:
1. Key Provisions Summary; Enumeration of Exhibits. References in the body of this Agreement to a portion of the Key Provisions Summary (e.g., the defined terms in the lefthand column of the Key Provisions Summary) shall be deemed and construed to incorporate all the terms provided under each such referenced portion of the Key Provisions Summary.
References in the Key Provisions Summary to a portion of the body of this Agreement (e.g., Section references in the right-hand column of the Key Provisions Summary) shall be deemed and construed to incorporate all the terms provided under each such referenced portion of the body of this Agreement. Notwithstanding anything set forth above, if there is any inconsistency between the Key Provisions Summary and another portion of this Agreement, the terms of the Key Provisions Summary shall control. The Exhibits enumerated in the Key Provisions Summary and attached to this Agreement are incorporated in this Agreement by reference and are to be construed as a part of this Agreement. Each Party shall perform any obligations on its part as set forth in any and all such Exhibits. Except where otherwise expressly provided for in this Agreement, any consent or approval required under this Agreement shall not be unreasonably withheld, delayed, or conditioned.
2. Agreement of Sale and Purchase. Subject to the terms and conditions of this Agreement, Seller shall sell to Buyer, and Buyer shall purchase from Seller, the Property.
2.1 Representations and Warranties. Seller represents and warrants as follows:
(a) As of the Closing, (i) the Property is not in violation of any Environmental Laws; (ii) the Property is not now, nor to the best of Seller’s knowledge has it ever been, used in any manner for the manufacture, use, storage, discharge, deposit, transportation, or disposal of any Hazardous Substances; (iii) there has been no release and there is no threatened release of any Hazardous Substances in, on, under, or about the Property; (iv) the Property does not consist of any landfill or of any building materials that contain Hazardous Substances; and (v) the Property is not subject to any claim by any governmental regulatory agency or third party related to the release or threatened release of any Hazardous Substances. (i) For the purposes of this Agreement, the term "Hazardous Substances" means any chemical substance, material, controlled substance, object, condition, waste, living organism, or combination thereof which is or may be hazardous to human health or safety or to the environment due to its ignitability, corrosivity, reactivity, explosivity, toxicity, carcinogenicity, mutagenicity, phytotoxicity, reproductive toxicity, infectiousness, radioactivity, or other harmful or potentially harmful properties or effects, including, without limitation, petroleum and petroleum products, asbestos, radon, and polychlorinated biphenyls (PCBs), which are now EXHIBIT 1
47 4971987 Page 2
or may become in the future listed, defined or regulated in any manner by any Environmental Law or regulation.
(ii) For the purposes of this Agreement, the term
"Environmental Law(s)" means any and all federal, state and local environmental, health, or safety related laws, regulations, ordinances, codes, decrees, directives, standards, rules, guidelines, permits, and decisions of federal and state courts as currently existing and as may be amended, enacted, issued or adopted in the future, which due to the presence or potential presence of Hazardous Substances are or become applicable to the Property or persons or entities who own, occupy, use, visit, or work on or in the Property. Environmental Laws include, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act ("CERCLA") as set forth in 42 USCA 9601 et seq., the California Hazardous Waste Control (b) Seller has received no notice that there are now, and at the time of the Closing will be, no material violations of any laws, rules, or regulations applicable to the Property.
(c) To the best of Seller’s knowledge, there are no easements or rights of way which have been acquired by prescription or which are otherwise not of record with respect to the Property. There are no disputes with regard to the location of any fence or other monument on the Property’s boundary nor any claims or actions involving the location of any fence or boundary.
(d) Seller is the legal and equitable owner of the Property, with full right to convey the same, and, without limiting the generality of the foregoing, Seller has not granted any option or right of first refusal or first opportunity to any third party to acquire any interest in any of the Property.
(e) Other than as expressly set forth in this Agreement, Seller has not made, does not make, and has not authorized anyone else to make any representation as to the present or future physical condition, value, presence or absence of Hazardous Substances, violation of any Environmental Laws, leasing, operation, use, tax status, income and expenses, or any other matter or thing pertaining to the Property. Buyer acknowledges that other than the representations and warranties of Seller set forth in this Agreement, no other representation or warranty has been made by Seller and that in entering into this Agreement Buyer does not rely on any other representation or warranty.
(f) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT,
SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OR
ARISING BY OPERATION OF LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY
OF THE CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS OF THE PROPERTY FOR A PARTICULAR PURPOSE OF THE PROPERTY BEING ACQUIRED BY BUYER.
3. Escrow Agent Terms.
3.1. In connection with this escrow, Buyer and Seller shall execute such additional documents as Escrow Agent may reasonably request. If, at any time, there exists any dispute or contradiction among the Parties hereto with respect to the holding or disposition of the funds for Closing, or if at any time Escrow Agent is unable to determine to Escrow Agent’s sole satisfaction the proper disposition of the funds for Closing, or Escrow Agent’s proper actions with respect to its obligations hereunder, then Escrow Agent may, in its sole discretion, resign as EXHIBIT 1
48 4971987 Page 3
Escrow Agent hereunder by delivery of written notice to all Parties hereto, and upon such resignation, Escrow Agent shall pay the funds for Closing and all interest, if any, earned thereon to (i) any court of competent jurisdiction for holding and disposition in accordance with the instructions of such court, or (ii) any successor escrow agent designated mutually among the Parties hereto for holding and disposition in accordance herewith or any successor escrow agreement. Upon such resignation, Escrow Agent has no further obligations under this Agreement.
4. Purchase Price.
4.1. Purchase Price. The total purchase price to be paid by Buyer for the Property shall be Seven Hundred Thirty-Nine Thousand Dollars and no/100’s ($739,000) (“Purchase Price”) which shall be paid as provided in this Section 4.
4.2. Delivery of Purchase Price to Escrow. The Purchase Price for the Property is payable on the Closing Date. Seller shall provide wire instructions to Escrow Agent prior to Closing. Buyer shall deposit the Purchase Price with Escrow Agent at least one (1) business day before the Closing Date. The Purchase Price shall be invested by Escrow Agent in an interest-bearing account acceptable to Buyer with all interest accruing thereon for the benefit of Buyer to be credit at Closing to the Purchase Price. If the transaction contemplated by this Agreement fails to occur by reason of the non-satisfaction of a Condition Precedent (as defined in Section 4.3) or terminates for any other reason except Buyer’s default, then Escrow Agent shall refund the funds and all interest earned thereon to Buyer subject to payment of escrow cancellation fees and costs.
4.3. Conditions to Close. The items listed below are conditions precedent to Buyer’s obligation to purchase the Property (“Conditions Precedent”). If any Condition Precedent is not satisfied, Buyer shall have the right in its sole discretion either to waive in writing the Condition Precedent in question and proceed with the purchase or, in the alternative, to terminate this Agreement by written notice to Seller and Escrow Agent. (a) Title Company shall be committed at the Closing to issue to Buyer, or its nominee, the Title Policy provided in Section 6.2. (b) The transactions contemplated herein shall have been approved by Buyer’s Board of Directors, in its sole discretion.
(c) Seller shall have delivered all items necessary for the Closing.
5. Costs and Pro-Rations at Closing.
5.1. Transfer Taxes, Recording Fees and Other Fees. Seller shall pay the cost to prepare the Deed from Seller, and the cost of recording all documents necessary to correct or remove defects in or encumbrances upon Seller’s title to the Property (if applicable). Buyer shall pay the cost of any title examination fees or other due diligence costs (including but not limited to any survey obtained by Buyer), the cost of any title insurance obtained by Buyer, the cost of preparing and/or recording all documents to be recorded other than those referred to in the preceding sentence, all escrow fees, and any other costs related to the Closing. Each Party shall pay its own attorney’s fees. Buyer hereby represents to Seller that the sale of the Property by Seller to Buyer is exempt from documentary transfer taxes.
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5.2. Taxes. Ad valorem taxes and assessments (“Taxes”) assessed against the Property for the year in which Closing occurs will be pro-rated on a calendar year or fiscal year basis, as applicable, as of the day of Closing, with Seller charged at Closing for the portion of such Taxes for the year in which Closing occurs that are outstanding and attributable to the period prior to the Closing Date (and with Seller credited at Closing for the portion of Taxes for the year in which Closing occurs that were paid by Seller prior to Closing and are attributable to the period on or after the Closing Date). If tax bills/notices/assessments have not yet been issued for the current calendar or fiscal year as of Closing, such taxes charged to (or credited to) Seller at Closing shall be pro-rated at Closing based upon the most recent tax bill/notice/assessment available as of the Closing Date, which shall be deemed conclusive between Seller and Buyer for all purposes. Buyer hereby represents to Seller that Buyer is not required to pay Taxes on real property it owns in the City of Stockton; as such, Buyer shall not be charged at Closing for any Taxes assessed against the Property for the year in which Closing occurs attributable to the period on and after the Closing Date.
5.3. Utilities. If any utility services are presently being provided to the Property, Seller will pay for such services through the Closing Date, but thereafter any such services in the name of Seller will be terminated. Notwithstanding the foregoing, Buyer shall transfer all utility services at the Property to Buyer as of the Closing Date. If Buyer fails to so transfer the utility services, Buyer shall indemnify, hold harmless, pay, and reimburse Seller, its agents, employees, and contractors, from, for, and against any and all suits, actions, claims, costs, fees, sums, amounts, losses, causes of action, damages, liabilities, and expenses (including reasonable attorneys’ fees, court costs, and alternative dispute resolution expenses) caused in whole or in part or arising directly or indirectly out of Buyer’s failure to so transfer such utilities. The foregoing indemnification obligations of Buyer survive Closing.
6. Conveyance of Title.
6.1. Deed. Seller shall convey marketable and insurable fee simple title to the Property to Buyer by grant deed in the form attached hereto as Exhibit C (the “Deed”), subject to Taxes for the year of Closing which will be pro-rated between the Parties at Closing as provided in Section 5.2 above and subject to matters of survey, easements, encumbrances, restrictions, and any other matters of record, other than defects and encumbrances to be removed, corrected and/or satisfied in accordance with this Section 6. Seller shall not cause or permit any other defects in or liens, encumbrances, or limitations upon Seller’s title to the Property to arise from and after the Effective Date.
6.2. Title Insurance. Delivery of title in accordance with the proceeding Section shall be evidenced by the commitment of First American Title (the “Title Company”) in its capacity as title insurer to issue to Agency, or its nominee, a CLTA owner’s policy of title insurance (the “Title Policy”) in the amount of the Purchase Price, insuring fee simple title in Buyer, or its nominee, free of the liens of any and all deeds of trust, mortgages, assignments of rents, financing statements, creditor’s claims, rights of tenants or other occupants and all other exceptions, liens, and encumbrances.
6.3. Existing Leases. Seller agrees that any and all existing leases which include the Property shall be amended and/or terminated as may be necessary to make such lease(s) subject to Buyer’s property rights. If any such lease is not so amended, Buyer shall have the right to terminate this Agreement.
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7. Indemnity.
7.1. Buyer’s Indemnification. Buyer shall indemnify, hold harmless, pay, and reimburse Seller, its agents, employees, and contractors, from, for, and against any and all suits, actions, claims, costs, fees, sums, amounts, lessees, cause of action, damages, liabilities, and expenses (including reasonable attorneys’ fees, court costs, and alternative dispute resolution expenses) caused or arising out of Buyer, or its officers, officials, agents, employees, consultants or contractors entering upon the Property prior to Closing, except to the extent caused by Seller’s sole negligence or willful misconduct.
7.2. Seller’s Indemnification. Seller shall indemnify, defend, and hold harmless Buyer, its employees, officers, and agent, and their respective successors and assigns, from and against any and all liabilities, claims, demands, damages, liens, costs, penalties, losses and expenses, including, without limitation, reasonable attorney fees and consultant fees, resulting from any misrepresentation or breach of warranty or breach of covenant made by Seller in this Agreement.
8. Closing.
8.1. Closing Date. The Closing (the “Closing”) of the acquisition will occur, if at all, at the offices of Escrow Agent. The date of Closing is 60 days after the Effective Date.
The Closing Date may not be extended without the prior written approval of both Seller and Buyer, except as otherwise provided in this Agreement.
8.2. Closing Documents. Seller shall execute and deliver to Escrow Agent at Closing the Deed, a customary owner’s affidavit with respect to the Property, an affidavit evidencing Seller’s non-foreign status for federal tax purposes. At or prior to Closing, each Party shall deliver to Escrow Agent such other documents reasonably required by the other Party or Escrow Agent to establish the authority of such Party to enter into and close the transactions contemplated hereby and to complete and evidence the acquisition of the Property contemplated hereby, including, without limitation, a closing statement and such other documents as are reasonably necessary or appropriate to satisfy applicable federal requirements for the reporting of real estate transactions.
9. Option to Purchase Adjacent Levee Easement if the United States Army Corps of Engineers (USACE) provides a “Take Letter” “to Buyer stating a levee easement is required from Seller on this parcel,” then these conditions apply.
9.1 Grant of Option. Seller hereby grants to Buyer an exclusive and irrevocable option (the “Option”) to purchase a permanent levee easement (the “Easement”) over, under, and across a portion of real property owned by Seller and located adjacent to the Property being conveyed under this Agreement (the “Easement Area”), as generally depicted in Exhibit D attached hereto and incorporated herein by this reference.
9.2 Purpose of Easement. The Easement shall be for the purpose of construction, operation, maintenance, repair, inspection, and improvement of a flood control levee and related infrastructure, including but not limited to access roads, drainage facilities, and erosion control measures, in accordance with applicable federal, state, and local laws and regulations.
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9.3 Term of Option. The Option shall commence upon the Closing Date of this Agreement and shall remain in effect for a period of Twelve (12) months thereafter (the “Option Period”), unless extended by mutual written agreement of the Parties.
9.4 Exercise of Option. Buyer may exercise the Option at any time during the Option Period by delivering written notice to Seller (the “Option Notice”). Upon receipt of the Option Notice, the Parties shall cooperate in good faith to finalize and execute a separate easement agreement consistent with the terms set forth herein, and subject to City Council approval.
9.5 Easement Terms. The Easement shall: (1) be perpetual and nonexclusive; (2) burden the Easement Area as legally described and surveyed following exercise of the Option; (3) include the right of ingress and egress for personnel, vehicles, and equipment; (4) permit the installation and maintenance of signage, fencing, and other improvements necessary for levee operations; (5) be subject to reasonable conditions imposed by Seller that do not materially interfere with the intended use; and (6) not interfere with Seller’s access to or operation of Seller’s pump station located adjacent to the Easement Area as generally depicted in Exhibit D.
9.6 Easement Purchase Price. If Buyer exercises the Option, Buyer shall pay to Seller the fair market value of the Easement Area, as determined by an independent appraisal (“Easement Purchase Price”). Within 60 days of Buyer’s notice to exercise the Option, the Parties shall jointly select a licensed and certified appraiser. The appraiser shall determine the fair market value of the parcel as of the date of the Option Notice.
The appraisal costs shall be shared equally by the Buyer and Seller unless otherwise agreed an amount as mutually agreed upon through the commissioning of an appraisal or commensurate methodology
9.7 Conveyance and Recordation. Upon exercise of the Option and payment of the Easement Purchase Price, Seller shall execute and deliver to Buyer an easement deed in a form acceptable to Buyer and DWR, and suitable for recordation in the Official Records of San Joaquin County, free and clear of all liens and encumbrances except those approved by Buyer.
9.8 Binding Effect. This Option shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns, including any public agency or district authorized to operate and maintain flood control infrastructure.
10. Assignment. Buyer shall not assign Buyer’s rights under this Agreement without Seller’s prior written consent, which shall not be unreasonably withheld.
11. Notices.
11.1. Written Notice; Delivery Methods. Each Party giving or making any notice, request, demand, consent, approval, or other communication (each, a “Notice” (but sometimes “notice”)) pursuant to this Agreement shall: (i) give the Notice in writing; (ii) cause the Notice to be signed by an authorized representative of the sending Party (the sending Party’s attorney is authorized to sign and send a Notice on behalf of the sending Party); and (iii) use one of the following methods of delivery, each of which for purposes of this Agreement is a writing:
(a) personal delivery; (b) Certified Mail, return receipt requested, with postage paid; (c) nationally EXHIBIT 1
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recognized overnight courier, with all fees paid; or (d) email (but only if a Party’s email address is included in its notice address in the Key Provisions Summary or is otherwise provided to the other Party by a Notice).
11.2. Addresses. Each Party giving a Notice shall address the Notice to the appropriate person at the receiving Party (the “Addressee”) at the address(es) listed in the Notice Addresses section of the Key Provisions Summary or to another Addressee or at another address as designated by a Party in a Notice pursuant to this Section 11.
11.3. Effectiveness of a Notice. Except as provided elsewhere in this Agreement, a Notice is effective only if (i) the Party giving the Notice has complied with the two subsections set forth above and (ii) the Notice is deemed to have been received by the Addressee. A Notice is deemed to have been received by the Addressee as follows: (a) if a Notice is delivered in person, sent by Certified Mail, or sent by nationally recognized overnight courier:
on the earlier of the date of delivery or the date the Notice is available for pickup, all as evidenced by the records of the delivering person or entity; (b) if a Notice is sent by email: on the date the email Notice is sent to the Addressee’s email address; and (c) if the Addressee rejects or otherwise refuses to accept the Notice (e.g., if the Addressee does not pick up the Notice timely), or if the Notice cannot be delivered because of a change in address for which no Notice was given: upon the rejection, refusal, or inability to deliver the Notice, which shall be deemed to be the date of rejection, refusal, inability to deliver, or availability for pickup, all as evidenced by the records of the delivering person or entity. If a Notice is sent by email, the Party sending the Notice also must send, unless such requirement is waived in a return email from the receiving Party, a confirmation copy of the Notice by one of the other methods in the first subsection set forth above within three (3) business days after the send date of the email, but the lack of delivery of such other Notice does not negate the email Notice.
11.4. Delivery Time of Notice. Notwithstanding the foregoing, if any Notice is received after 5:00 p.m. on a Business Day where the Addressee is located, or on a day that is not a Business Day where the Addressee is located, then the Notice is deemed received at 9:00 a.m. on the next Business Day where the Addressee is located.
12. Additional Terms.
12.1. Successors or Assigns. The terms, conditions, covenants, and agreements of this Agreement extend to and are binding upon Seller, Buyer, and their respective heirs, administrators, executors, legal representatives, and permitted successors and assigns, if any.
12.2. Severability. If any provision of this Agreement is held to be unenforceable, then that provision is to be construed either by modifying it to the minimum extent necessary to make it enforceable (if permitted by law) or disregarding it (if not). If an unenforceable provision is modified or disregarded in accordance with this Section 15.2, the rest of this Agreement is to remain in effect as written, and the unenforceable provision is to remain as written in any circumstances other than those in which the provision is held to be unenforceable.
12.3. Waiver. The Parties may waive any provision of this Agreement only by a writing executed by the Party or Parties against whom the waiver is sought to be enforced. No failure or delay in exercising any right or remedy or in requiring the satisfaction of any condition under this Agreement, and no act, omission, or course of dealing between the Parties, operates EXHIBIT 1
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as a waiver or estoppel of any right, remedy, or condition. A waiver once given is not to be construed as a waiver on any future occasion or against any other person or entity.
12.4. Amendment. The Parties may amend this Agreement only by a written agreement of the Parties that identifies itself as an amendment to this Agreement.
12.5. Headings & Interpretation. The descriptive headings/captions of the sections and subsections of this Agreement are for convenience only, do not constitute a part of this Agreement, and do not affect this Agreement’s construction or interpretation. Whenever used in this Agreement: (i) the words “herein”, “hereof”, and similar words refer to this Agreement in its entirety and not solely to any specific sentence, paragraph, or section; (ii) the words “include,” “includes,” and “including” mean considered as part of a larger group, incorporate “without limitation”, and are not limited to the items recited (it being the intention of the Parties that each hereby waives the benefits of Section 3534 of the California Civil Code); (iii) the word “shall” means “is obligated to”; (iv) the word “may” means “is permitted to, but is not obligated to”; and (v) unless otherwise noted reference to a specific Section or Exhibit is a reference to a Section or Exhibit in this Agreement.
12.6. Choice of Law. The laws of the state, commonwealth, or jurisdiction where the Property is located (without giving effect to its conflict of laws principles) govern all matters arising out of or relating to this Agreement and the transactions it contemplates, including its interpretation, construction, performance, and enforcement.
12.7. Authority to Execute. Each Party represents to the other Party that this Agreement: (i) resulted from an arm’s-length negotiation; (ii) has been duly authorized, executed, and delivered by and on behalf of such Party; and (iii) constitutes the valid, binding, and enforceable agreement of such Party in accordance with the terms of this Agreement. In addition, Seller represents to Buyer that Seller has the full right, power, and authority to enter into this Agreement without the necessity of obtaining any third party approval (other than those already obtained by Seller) and that the terms of this Agreement do not violate any agreement, loan, condition, covenant, restriction, exclusive, or any other agreement or provisions which existed prior to the date of this Agreement.
12.8. No Construction Against Drafting Party. Seller and Buyer acknowledge that each of them and their respective counsel have had an opportunity to review this Agreement and that this Agreement will not be construed for or against either Party merely because such Party prepared or drafted this Agreement or any particular provision thereof.
12.9. Counterparts & Digital Signatures. The Parties may execute this Agreement in multiple counterparts, each of which constitutes an original, and all of which, collectively, constitute only one agreement. The signatures of all Parties need not appear on the same counterpart. This Agreement is valid, binding, and enforceable against a Party only when executed by an authorized individual on behalf of a Party by means of (i) an electronic signature that complies with the federal Electronic Signatures in Global and National Commerce Act, state enactments of the Uniform Electronic Transactions Act, or any other relevant and applicable electronic signatures law; (ii) an original manual signature; or (iii) a faxed, scanned, or photocopied manual signature. Each electronic signature or faxed, scanned, or photocopied manual signature has for all purposes the same validity, legal effect, and admissibility in evidence as an original manual signature. This Agreement is effective upon delivery of one executed counterpart from each Party to the other Party(ies) In proving this Agreement, a Party must produce or account only for the executed counterpart of the Party to be charged.
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12.10. Damages. Notwithstanding anything set forth in this Agreement to the contrary, neither Party is liable to other for any special, indirect, punitive, consequential damages.
12.11. Time of the Essence. Time is of the essence in this Agreement.
12.12. Business Days. “Business Day” (or “business day”) means any day other than a Saturday, Sunday or any other day on which Buyer’s administrative offices or Escrow Agent is not open for business. In the event any date, deadline or due date set forth in this Agreement falls on a day that is not a Business Day, then such deadline or due date shall automatically be extended to the next Business Day.
12.13. Third-Party Beneficiaries. This Agreement does not and is not intended to confer any rights or remedies upon any person or legal entity other than the signatories.
12.14. Effective Date. As used herein, the term “Effective Date” shall mean the date of the execution of this Agreement by both parties. If Buyer or Seller signs this Agreement but fails to date its signature then the date that the second Party to sign receives the other Party’s undated signature will be deemed to be the date of the undated signature and the second Party to sign may inscribe such date as the date associated with the undated signature; provided, however, that if only one of Buyer or Seller dates its signature below, then such date is deemed to be the Effective Date of this Agreement.
12.15. Anti-Money Laundering, Sanctions, and Anti-Corruption.
12.15.1. “AML Laws” means all U.S. anti-money laundering laws that criminalize money laundering or any predicate crimes to money laundering. “Anti-Corruption Laws” means the U.S. Foreign Corrupt Practices Act and any similar applicable statute, rule, or regulation relating to bribery or corruption. “Sanctions” means any economic, trade, or financial sanctions, sectoral sanctions, secondary sanctions, trade embargoes, or anti-terrorism laws imposed from time to time by the United States government including but not limited to those administered or enforced by the U.S. Department of Treasury’s Office of Foreign Assets Control.
Each Party represents to the other Party that it is not a target of Sanctions and will not directly or indirectly transfer any of its interest in the Agreement to a target of Sanctions. At all times during the term of this Agreement each Party shall not violate applicable Sanctions, AML Laws, or AntiCorruption Laws to the extent that such violation results in it being unlawful for the non-violating Party to transact business under the Agreement with the violating Party. If a violation occurs that results in it being unlawful for the non-violating Party to transact business under the Agreement with the violating Party, the non-violating Party may suspend, upon written notice thereof to the violating Party, any monetary obligations under the Agreement until such time as the violating Party is no longer in violation. In addition, if such violation is not cured promptly, the non-violating Party may terminate the Agreement upon prior written notice thereof to the violating Party.
12.12.2. “Sanctions Info” means (i) full legal name, (ii) TIN/SSN for an entity or individual, as applicable, that is a Party to the Agreement, and (iii) full current business street address. “Entity Signatory” (collectively, “Entity Signatories”) means an entity that executes this Agreement directly or indirectly for an entity Party. Buyer shall, prior to execution of this Agreement, deliver to Seller a notice setting forth Sanctions Info for all entities and individuals that are a Party to the Agreement and for all Entity Signatories (e.g., if the entity executing this Agreement is John Smith LLC (the entity Party) by Peter Jones LLC, its sole manager (the Entity Signatory), by Jack Miller, its sole manager, then the notice must include Sanctions Info for John EXHIBIT 1
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Smith LLC and for Peter Jones LLC, but not for Jack Miller). Thereafter, each Party shall, within five (5) business days after receipt of written notice thereof from the other Party, deliver to the requesting Party a notice setting forth the Sanctions Info (see example above) for all entities and individuals that are a Party to the Agreement and for all Entity Signatories.
13. Merger/Prior Agreements. THIS AGREEMENT CONSTITUTES THE FINAL AGREEMENT BETWEEN THE PARTIES REGARDING THE SUBJECT MATTER HEREOF. IT IS THE COMPLETE AND EXCLUSIVE EXPRESSION OF THE PARTIES’ AGREEMENT ON THE MATTERS CONTAINED IN THIS AGREEMENT. ALL PRIOR AND CONTEMPORANEOUS
NEGOTIATIONS AND AGREEMENTS BETWEEN THE PARTIES ON THE MATTERS
CONTAINED IN THIS AGREEMENT ARE EXPRESSLY MERGED INTO AND SUPERSEDED BY THIS AGREEMENT. THE PROVISIONS OF THIS AGREEMENT MAY NOT BE EXPLAINED,
SUPPLEMENTED, OR QUALIFIED THROUGH EVIDENCE OF TRADE USAGE OR A PRIOR COURSE OF DEALINGS. IN ENTERING INTO THIS AGREEMENT, THE PARTIES HAVE NOT
RELIED UPON ANY STATEMENT, REPRESENTATION, OR AGREEMENT OF THE OTHER PARTY EXCEPT FOR THOSE EXPRESSLY CONTAINED IN THIS AGREEMENT. THERE IS NO
CONDITION PRECEDENT TO THE EFFECTIVENESS OF THIS AGREEMENT OTHER THAN THOSE EXPRESSLY STATED IN THIS AGREEMENT.
The Parties hereby execute this Agreement as of the dates set forth below.
Seller:
CITY OF STOCKTON,
a municipal corporation
By:
Print Name:
Title:
Date:
Buyer:
SAN JOAQUIN AREA FLOOD
CONTROL AGENCY, a Joint Powers
Authority
ENTITY TYPE
By:
Print Name: Darren Suen
Title: Executive Director
Date:
Escrow Agent:
FIRST AMERICAN TITLE COMPANY
By:
Print Name: Ann Kay
Title: Executive Director
Date:
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EXHIBIT A
LEGAL DESCRIPTION
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EXHIBIT B
SITE PLAN OR SURVEY
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EXHIBIT C
FORM OF DEED
RECORDING REQUESTED BY
AND WHEN RECORDED, RETURN TO AND
MAIL ANY TAX STATEMENTS TO:
City of Stockton
425 North El Dorado Street, 1st Floor
Stockton, CA 95202
Attn: Director of Economic Development
___________________________________________________________________________ EXEMPT FROM BUILDING HOMES AND JOBS ACTS FEE PER GOVERNMENT CODE 27388.1(a)(2) APN: 071-140-170
6461 Brookside Road
Stockton, CA 95219
THE UNDERSIGNED GRANTOR DECLARES
DOCUMENTARY TRANSFER TAX is Exempt; City Transfer Tax is Exempt This conveyance is exempt from Documentary Transfer Tax pursuant to Section 11922 of the California Revenue and Taxation Code
GRANT DEED
FOR VALUE RECEIVED, City of Stockton, a municipal corporation (“Grantor”), grants to San Joaquin Area Flood Control Agency, a Joint Powers (“Grantee”), all that certain real property located in the City of Stockton, County of San Joaquin, State of California, more particularly described in Exhibit A attached hereto and incorporated herein by reference thereto (the “Property”). This conveyance is made and accepted subject to non-delinquent taxes and assessments and all matters which appear in the public record as of the date hereof, including those shown on any recorded plat or survey, or that would be revealed by a current/accurate survey or physical inspection of the Property.
This Grant Deed may be executed in any number of counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, Grantor has executed this Grant Deed effective as of the ______ day of ________________, 202_.
GRANTOR: CITY OF STOCKTON,
a municipal corporation
By:
Name:
Title:
By:
Name:
Title:
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A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California )
)
County of )
On _____________________, 20____ before me,
_____________________________________, Notary Public, personally appeared ________________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
______________________________ (Seal)
(Signature)
EXHIBIT 1
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Exhibit A to Grant Deed
Legal Description of Property
EXHIBIT 1
65 4971987
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EXHIBIT D
Easement Area – Levee
EXHIBIT 1
71 MEMORANDUM
August 21, 2025
TO: Nicole Moore, Contract Planner
Community Development Department
FROM: Nancy Arroyo, Real Property Agent I
Economic Development Department
SUBJECT: EXCESS CITY PROPERTY _____
Please provide the appropriate environmental review for the above-referenced project as described below:
Project Title: Excess City Property
Applicant: City of Stockton
Description/Location: Portion of 6461 Brookside Road (APN 071-140-17) Also, please make the required determination to conformity to the General Plan in accordance with Section 65402 of the Government Code. If you have questions regarding this request, please contact me at extension 7540.
NANCY ARROYO, REAL PROPERTY AGENT I
ECONOMIC DEVLEOPMENT DEPARTMENT
Attachment
EXHIBIT 2
72 EXHIBIT “A”
SAN JOAQUIN AREA FLOOD CONTROL AGENCY
MITIGATION PARCEL
PORTION OF APN 071-140-17
LEGAL DESCRIPTION
All that property situate in Section 24, Township 2 North, Range 5 East, Mount Diablo Meridian, County of San Joaquin, State of California, being a portion of that certain GRANT DEED to the CITY OF STOCKTON recorded April 10, 1958, in Book 2058, at Page 393, Official Records of San Joaquin County, more particularly described as follows:
COMMENCING at a found 3/4” iron rod with cap stamped L.S. 7269 being a witness corner for the most easterly corner of PARCEL 2 as shown on that certain Record of Survey filed December 16, 2022 in Book 40 of Surveys, at Page 122, Official Records of San Joaquin County;
thence along the southerly line of said PARCEL 2, North 60°31’49” East, 25.00 feet to the most easterly corner of said Parcel 2, also being the most southerly corner of “CAMP 4” as shown on that certain map titled “MAP OF SURVEY DIVISION OF VIGNOLO & CORTOPASSI PROPERTY ON THE WRIGHT TRACT” filed January 22, 1957, in Book of Surveys, Volume 10 at Page 173, Official Records of San Joaquin County; thence along the southerly line of said “CAMP 4”, North 60°30’09” East, 4438.50 feet to the most southerly corner of said GRANT DEED;
thence along the westerly line of said GRANT DEED, North 28°48’27” West, 102.28 feet to the POINT OF BEGINNING;
thence continuing along said westerly line North 28°48'27" West, 2268.94 feet to a point on the left bank of Fourteen Mile Slough as shown on said map titled “MAP OF SURVEY DIVISION OF VIGNOLO & CORTOPASSI PROPERTY ON THE WRIGHT TRACT” ; thence along said left bank the following twenty one (21) courses:
1) North 79°09'32" East, 63.11 feet;
2) North 69°15'08" East, 91.47 feet;
3) North 59°44'25" East, 67.96 feet;
EXHIBIT 2
73 4) North 55°23'17" East, 81.94 feet;
5) North 52°49'58" East, 135.44 feet;
6) North 49°18’35” East, 74.03 feet;
7) North 52°57'49" East, 76.16 feet;
8) North 61°51'56" East, 23.01 feet;
9) North 67°59'36" East, 21.70 feet;
10)North 74°22'10" East, 46.81 feet;
11)North 84°15'45" East, 122.25 feet;
12)South 79°53'48" East, 87.90 feet;
13)South 77°56'53" East, 75.07 feet;
14)South 83°28'12" East, 89.53 feet;
15)South 88°27'48" East, 44.44 feet;
16)North 83°28'07" East, 68.01 feet;
17)North 79°48'28" East, 140.90 feet;
18)North 88°43'12" East, 14.89 feet;
19)North 77°11'43" East, 136.48 feet;
20)North 85°07'31" East, 45.74 feet;
21)North 80°20'30" East, 70.05 feet;
thence leaving said left bank the following seven (7) courses:
1) South 0°47'08" East, 231.80 feet to the beginning of a curve to the left, having a radius of 340.00 feet;
2) Along said curve southeasterly, through a central angle of 60°47'43", and an arc distance of 360.77 feet, having a chord bearing of N31°11’00” West and a chord length of 344.08 feet.
3) South 61°34'51" East, 844.59 feet;
4) South 0°37'13" East, 561.13 feet;
5) South 17°11'12" East, 60.98 feet;
6) South 60°31'25" West, 1465.88 feet;
7) South 24°50'00" West, 110.89 feet to the POINT OF BEGINNING.
EXHIBIT 2
74 Subject to easements and rights of way per record.
Containing 73.84 acres, more or less.
The Basis of Bearings for this description is based upon the California Coordinate System of 1983, CCS(2011 adjustment), Zone III, Epoch 2017.50, in accordance with the California Public Resources Code §§ 8801-8819 . All distances cited hereon are grid distances in US Survey Feet. Divide grid distances by the combined scale factor of
0.9999442 to obtain ground level distances.
Shown graphically on Exhibit B, attached hereto and made a part hereof.
This real property description was prepared at Mark Thomas & Company Inc. by me or under my direction in conformance with the Professional Land Surveyors Act.
Mark Thomas & Company, Inc.
_________________________ September 12, 2025
Samuel R. McIntyre, LS 9313 Date
EXHIBIT 2
75 SHEET 1 OF 2
PORTION OF SECTION 24, T2N, R5E M.D.B.M.
THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS BASED UPON THE CALIFORNIA COORDINATE SYSTEM OF 1983, CCS(2011 ADJUSTMENT), ZONE III, EPOCH 2017.50, IN ACCORDANCE WITH THE CALIFORNIA PUBLIC RESOURCES CODE §§ 8801-8819 . ALL DISTANCES CITED HEREON ARE GRID DISTANCES IN US SURVEY FEET. DIVIDE GRID DISTANCES BY THE COMBINED SCALE FACTOR OF 0.9999442 TO OBTAIN GROUND LEVEL DISTANCES.
EXHIBIT 2
76 SHEET 2 OF 2
PORTION OF SECTION 24, T2N, R5E M.D.B.M.
SCALE 1" = 500'
0 250 500 1000
Feet
POC
POB
L30
CITY OF STOCKTON
EXHIBIT 2
77 MEMORANDUM
August 25, 2025
TO: Nancy Arroyo, Real Property Agent I
Economic Development Department
FROM: Nicole D. Moore, LEED-AP, Contract Planner
Community Development Department
SUBJECT: EXCESS CITY PROPERTY
The Community Development Department received a request to review the above-referenced project for conformity with the Stockton General Plan and make an environmental determination pursuant to the California Environmental Quality Act (CEQA). The City of Stockton’s Economic Development Department will be dispositioning excess City property for a portion of 6461 Brookside Road (APN 071-140-170), as described in Exhibit A and shown in Exhibit B.
In accordance with Government Code §65402, the Community Development Department determines the proposed property sale is neutral in regard to conformity with the Stockton General Plan. Future development of the subject parcels shall be under the jurisdiction of the City of Stockton.
Concerning the California Environmental Quality Act (CEQA) determination, the Community Development Department concludes that the designation of this property as surplus does not have the potential for creating a significant effect on the environment and is therefore exempt from further review under CEQA pursuant to CEQA Guidelines Section 15060(c)(3) because it is not considered a "project" as defined by CEQA Guidelines Section 15378.A. The project is also not subject to any of the exceptions to the use of a Categorical Exemption listed at CEQA Guidelines §15300.2.
Upon approval by City Council, the Economic Development Department is advised to complete the attached Notice of Exemption (Attachment B) and file it with the San Joaquin County Clerk Office to initiate a 35-day statute of limitations on court challenges. Please retain a copy of the original posted notice within the project file in the Economic Development Department project file.
By:
Nicole D. Moore, LEED-AP, Contract Planner
Attachments
Attachment A: Request and Project Location
Attachment B: Draft Notice of Exemption
EXHIBIT 2
78 CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Economic Development Dept.
Stockton, CA 95202 400 E. Main St., 4th Floor
Stockton, CA 95202
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: Excess City Property
CEQA Exemption File No.: NOE 44-25
Applicant: City of Stockton
Project Description/Location: The City of Stockton’s Economic Development Department will be dispositioning excess City property for a portion of 6461 Brookside Road (APN 071-140-170), as described in Exhibit A and shown in Exhibit B.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
X The activity is exempt under the "general rule" at CEQA Guidelines Section 15060(c)(3).
The project is "Statutorily Exempt" per CEQA Guidelines Section: __________ The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FOR FINDING OF EXEMPTION
X The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
TINA McCARTY, DIRECTOR August 25, 2025
ECONOMIC DEVELOPMENT DEPARTMENT (DATE OF PREPARATION)
By
Nancy Arroyo, Real Property Agent I (DATE OF FINAL APPROVAL) _____________________________________________________________________________________________
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
___________________________________________ ________________________________________________ Signature Title
_________________________________________
Posting Period Ending Date
EXHIBIT 2
79 City of Stockton
Legislation Text
File #: 26-0048, Version: 1
ADOPT A RESOLUTION TO ALLOCATE GRANT FUNDING FROM THE HOMELESS HOUSING,
ASSISTANCE AND PREVENTION (HHAP) PROGRAM TO INTERIM HOUSING
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve and allocate HHAP funding as follows:
· $18,148.61 to Children’s Home of Stockton for the Catalyst Project.
2. Authorize the City Manager, or designee, to enter into and execute any associated documents and take whatever actions are appropriate and necessary to carry out the purpose and intent of this resolution.
Summary
Staff recommends that Council approve a resolution authorizing the allocation of HHAP funding in the amount of $18,148.61 to Children’s Home of Stockton for the Catalyst Project. This is a recapture of HHAP 1 funding previously obligated to Sacramento Self Help for their Stockton operations, which was unexpended due to the organization’s bankruptcy during the contract period. Legal proceedings provided a delay in the ability to re-obligate the funding in its entirety. It was staff’s understanding under the HHAP contract that if the funds were not expended by the contract deadline of June 30, 2025, the City funding must be returned to the state. While working with the state, staff was able to negotiate one last opportunity to program the funding for use. The state has agreed to extend an opportunity for the City to award this funding to a previous HHAP awardee who can expend the additional funding prior to April 2026. Staff reviewed the new state direction and recommends the Children’s Home of Stockton, Catalyst Project (Children’s Home) as a proven, eligible recipient.
Children’s Home has a track record of successful projects, ability to meet grant funding reporting obligations, and meets the Council’s goals of supporting the City’s youth.
DISCUSSION
Background
The State's HHAP funds are designed to support regionally coordinated efforts between the County, Continuum of Care (CoC), and the City to expand and develop local capacity to address immediate homelessness challenges throughout the state. HHAP funds are focused on moving homeless individuals and families into permanent housing and ensuring those individuals and families maintain their permanent housing.
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File #: 26-0048, Version: 1
All funding for HHAP Round 1 was previously obligated through City Council approval on November 17, 2020 (Attachment A - Resolution 2020-11-17-1402). This funding was originally allocated to Sacramento Self-Help, Stockton operation, in the amount of $258,345.15. During the contracting period the organization ceased operations and subsequently filed for bankruptcy, before expending the full amount. Legal proceedings delayed the reallocation of the remaining funding of $18,148.61.
Present Situation
The Department of Housing and Community Development (HCD) had previously mentioned in monthly office hours that unexpended funding would be recaptured by the state. Staff worked with HCD to either find a solution to utilize the remaining funding or return it if reallocation was not possible. Recent communication from HCD advised that the remaining HHAP 1 funding should be, if possible, allocated to an organization that received funding in the initial round and expended prior to the submission of the Annual Report due April 1, 2026.
The Children’s Home of Stockton received HHAP Round 1 funding and is currently under contract for the same scope supported by funding from Rounds 3 and 4. This resolution would allow for the amendment of the current contract to support the Catalyst Project. This project provides shelter and supportive services for Transitional Age Youth (TAY), ages 18-25, experiencing, or at risk of homelessness in Stockton over a 24-month period. Services will include safe housing in three facilities, individualized case management, behavioral health support, life skills development, education and employment assistance. The program will support TAY participants with linkages to a coordinated network of community partners to ensure housing stability and self-sufficiency.
FINANCIAL SUMMARY
There will be no financial impact to the City’s General Fund or any other unrestricted fund as a result of this action. Funding to support the recommendations is budgeted and available in the Special Grant Fund (Fund 280, Sub-fund 282), Housing Division.
Attachment A - Resolution 2020-11-17-1402
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ATTACHMENT A
82 ATTACHMENT A
83 HHAP Funding Recommendations Exhibit 1
CASE
ID APPLICANT PROJECT TYPE Request to CITY %
Funding
Recommended
1 32548 Family Resource and Referral Center Outreach and Coordination $ 258,411.00 93.72% $ 258,411.00 2 32550 Lutheran Social Services Rapid Rehousing (Youth) $ 516,821.00 93.50% $ 516,821.00 3 30055 Stockton Self-Help Housing Permanent Housing $ 258,345.12 93.43% $ 258,345.12 4 30056 Housing Authority/DCDC Rental Assistance - Landlord Incentives $ 222,500.00 93.00% $ 222,500.00 5 32040 Stockton Shelter for the Homeless Emergency Shelter/Navigation Center $ 2,338,623.00 91.48% $ 2,338,623.00 6 32619 Central Valley Low Income Housing Corp
Rental Assistance - Landlord
Incentives/Permanent Housing - 90.78%
7 32100
San Joaquin County Behavioral Health
Services Emergency Shelter - 88.40%
8 32684 Central Valley Low Income Housing Corp Outreach and Coordination $ 151,925.81 88.21% 9 31894 City of Tracy Emergency Shelter - 88.00%
10 32253 Central Valley Low Income Housing Corp Rental Assistance - Landlord Incentives $ 581,424.00 87.93% $ 581,424.00 11 31851 Central Valley Low Income Housing Corp
Rapid Rehousing/Rental Assistance -
Landlord Incentives $ 904,437.00 87.71% $ 341,001.44
12 32039 Stockton Shelter for the Homeless
Rapid Rehousing/Rental Assistance -
Landlord Incentives $ 458,796.00 87.43% $ 341,001.44
13 30041 Tracy Community Connections Center Permanent Housing - 86.85% 14 32795 City of Lodi Permanent Housing - 85.82%
15 30063 Community Medical Centers
Rapid Rehousing/Rental Assistance -
Landlord Incentives/Outreach Coordination $ 917,736.00 84.74% 16 31273 City of Lodi Emergency Shelter/Navigation Center - 84.28% 17 30039 Housing Authority/DCDC
Permanent Housing/Outreach and
coordination $ 600,322.00 83.94%
18 32186 Visionary Home Builders Permanent Housing $ 2,138,241.00 83.94% 19 30051 Stockton Shelter for the Homeless Outreach and Coordination $ 177,268.00 83.21% $ 177,268.00 20 30478 Central Valley Low Income Housing Corp
Capitalized Operating Reserves/Permanent
Housing $ 387,616.00 82.51% $ 129,205.00
21 32799 Central Valley Low Income Housing Corp Outreach and Coordination $ 192,558.00 82.21% 22 32696 Central Valley Low Income Housing Corp Emergency Shelter/Permanent Housing $ 111,734.21 80.21% 23 30066 Children's Home of Stockton Outreach and Coordination (Youth) $ 509,276.00 79.71% $ 375,273.89 24 32037 Stockton Shelter for the Homeless Capitalized Operating Reserves $ 77,954.00 79.43% 25 32734 Tracy Community Connections Center Rental Assistance - Landlord Incentives - 79.28%
ATTACHMENT A
84 HHAP Funding Recommendations Exhibit 1
26 30069 City of Manteca Navigation Center - 77.37%
27 32620 Ready to Work
Outreach and Coordination/Emergency
Shelter $ 338,968.11 77.07% $ 338,968.11
28 30180 Mary Magdalene Community Services
Outreach and Coordination/Rental
Assistance - Landlord Incentives - 76.21%
29 32187 Visionary Home Builders
Rental Assistance - Landlord
Incentives/Permanent Housing $ 2,185,499.00 75.37%
30 32729 Tracy Community Connections Center Outreach and Coordination - 72.50% 31 32768 City of Manteca Emergency Shelter - 71.20%
32 32185 Gospel Center Rescue Mission Emergency Shelter/Navigation Center $ 2,310,000.00 66.28% 33 30047 Gospel Center Rescue Mission
Outreach and Coordination/Emergency
Shelter/Navigation Center - 57.57%
34 32143 Gospel Center Rescue Mission
Outreach and Coordination/Emergency
Shelter/Navigation Center - 46.43%
Total requested $15,638,455.25 $5,878,842.00
Planning $ 129,205.00
Administration $ 452,218.00
Total $6,460,265.00
ATTACHMENT A
85 Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION TO APPROVE THE ALLOCATION OF ROUND I GRANT FUNDING
FROM THE HOMELESS HOUSING, ASSISTANCE AND PREVENTION (HHAP)
PROGRAM TO INTERIM HOUSING
The City received an allocation of funds from the California Interagency Council on Homelessness (formerly State of California Homeless Coordinating and Financing Council), Business, Consumer Services and Housing Agency (BCSH). Management of said funding has since been transitioned to the Department of Housing and Community Development (HCD); and
On August 20, 2019, the City Council approved Resolution Number 2019-08-20- 1404 authorizing the submission of a grant application in response to the Assembly Bill 101 (AB 101) announcement of available funding through the State's Homeless Housing, Assistance and Prevention Program. Staff applied for Homeless Housing funds in February 2020, and was allocated $6,460,265.40 on April 16, 2020 (HHAP Round 1 Funds); and
City Council obligated HHAP Round 1 Funds to twelve (12) projects and multiple entities on November 17, 2020, through the approval of Resolution 2020-11-17-14-02 (HHAP Round I Award Resolution), including the organization Sacramento Self-Help.
After entering into a contract with Sacramento Self-Help, the organization ceased operations and subsequently filed for bankruptcy. There are remaining funds from the contract in the amount of $18,148.61 which are eligible to be reallocated to one of the other entities who was awarded funding through the HHAP Round I Resolution; and Children’s Home of Stockton was awarded funding under the HHAP Round I Resolution. Children’s Home of Stockton provides shelter and supportive services for Transitional Age Youth (TAY), ages 18-25 experiencing, or at risk of homelessness in Stockton through the Catalyst Program. Children’s Home of Stockton has a track record of successful projects, ability to meet grant funding reporting obligations, and meets the Council’s goals of supporting the City’s youth; and
HHAP funds are designed to support regionally coordinated efforts between the County, Continuum of Care (CoC), and the City to expand and develop local capacity to address immediate homelessness challenges throughout the state. HHAP funds are focused on moving homeless individuals and families into permanent housing and ensuring those individuals and families maintain their permanent housing; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Approve and allocate HHAP funding as follows:
$18,148.61 to Children’s Home of Stockton for the Catalyst Project 86 2. Authorize the City Manager, or designee, to enter into and execute any associated documents and take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED February 17, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
87 City of Stockton
Legislation Text
File #: 26-0164, Version: 1
APPROVE MOTION TO AUTHORIZE FIVE-YEAR AGREEMENT WITH BRADSHAW
CONSULTING SERVICES, INC FOR THE MARVLIS SYSTEM STATUS MANAGEMENT
PLATFORM TO SUPPORT COUNTYWIDE AMBULANCE DISPATCH
RECOMMENDATION
It is recommended that the City Council approve a motion to:
1. Approve findings pursuant to Stockton Municipal Code Section 3.68.070 supporting an exception to the competitive bidding process; and
2. Authorize the City Manager to execute a five-year Agreement with Bradshaw Consulting Services, Inc. for the MARVLIS System Status Management platform, in an amount not to exceed $534,280.80.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
The Stockton Fire Department Emergency Communications Division has been designated as the countywide emergency ambulance dispatch center for the CENCAL Fire and EMS Authority, with operational responsibility commencing May 1, 2026. To support this expanded role, staff recommends approval of a five-year software license and support agreement with Bradshaw Consulting Services, Inc. for MARVLIS, a System Status Management (SSM) platform that provides real-time ambulance deployment management, operational analytics, and contractual compliance monitoring.
DISCUSSION
Background
The CENCAL Fire and EMS Authority (CENCAL) is a Joint Powers Authority formed by the City of Stockton, the City of Lodi, and the South San Joaquin County Fire Authority to provide ambulance transport services within Exclusive Operating Area (EOA) Zones X and Y, as well as countywide emergency ambulance dispatch. Following CENCAL’s award by the San Joaquin County Emergency Medical Services Agency, the Stockton Fire Department Emergency Dispatch Center will serve as CENCAL’s subcontracted ambulance dispatch provider. This transition significantly expands the Dispatch Center’s operational scope and complexity, requiring enhanced integration of ambulance and fire resources, real-time systemwide situational awareness, and expanded performance management capabilities to support regional service delivery.
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File #: 26-0164, Version: 1
On January 27, 2026, City Council approved $1.112 million in startup funding to support preoperational staffing and technology necessary to implement countywide ambulance dispatch, including System Status Management. That appropriation included approximately $337,000 for technology and systems required to support ambulance deployment and dispatch integration in Fiscal Year 2025-26.
Present Situation
Countywide ambulance dispatch requires coordinated emergency call processing, unit assignment, and active system management across multiple jurisdictions. Modern EMS systems rely on System Status Management (SSM) to dynamically deploy ambulance resources based on real-time operational conditions and historical demand. SSM platforms analyze call volume, unit availability, travel time, and geographic coverage to recommend ambulance posting locations throughout the day, replacing static assignments with dynamic deployment to maintain systemwide coverage and support contractual response-time compliance.
The MARVLIS platform supports this operational model through real-time system status management, automated deployment recommendations, operational dashboards, and performance analytics. MARVLIS integrates directly with the City’s existing Computer Aided Dispatch (CAD) system through a live interface, exchanging unit status, assignments, and location data. This integration provides dispatch personnel with a unified operational view and ensures deployment decisions are based on current system conditions.
Without an integrated SSM platform, ambulance dispatch operations would rely on fragmented workflows and static deployment models, increasing workload, reducing coverage consistency, and materially impairing the City’s ability to meet contractual performance standards. For a countywide, multi-jurisdictional system, this creates significant operational and compliance risk.
Bradshaw Consulting Services is the developer and licensor of MARVLIS and is the only vendor identified by the City’s CAD provider, CentralSquare Technologies, with a production-ready, vendorsupported interface compatible with the City’s existing CAD environment. Staff conducted market research in coordination with CentralSquare and evaluated other SSM platforms used in comparable EMS systems. No alternative solutions demonstrated certified CAD compatibility or implementation readiness within the required timeline.
The County’s designation of Stockton Fire Department as the ambulance dispatch center includes a May 1, 2026 operational go-live requirement. Selecting a vendor without an existing validated CAD interface would require custom development and extended testing, introducing substantial schedule risk. Failure to deploy SSM with sufficient lead time would delay dispatch operations, jeopardize contractual compliance, result in lost dispatch revenue, and increase public safety risk. Bradshaw Consulting Services is the only identified vendor capable of delivering a fully compatible SSM solution within the required timeframe.
Findings
Pursuant to SMC section 3.68.070, Council may approve findings that support an exception to the competitive bidding process. These findings include:
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File #: 26-0164, Version: 1
1. Bradshaw Consulting Services, Inc. is the sole developer and licensor of the MARVLIS System Status Management platform, and the only vendor identified with a production-ready integration compatible with the City’s current CAD environment.
2. Conducting a competitive procurement would introduce unacceptable operational and schedule risk, as alternative solutions would require custom integration and extended testing, which cannot be completed within the required implementation timeline.
3. The proposed agreement is required to support countywide ambulance dispatch operations, including contractual response-time compliance, system performance reporting, and real-time deployment management necessary for daily operations.
FINANCIAL SUMMARY
The first-year cost of approximately $108,000 will be funded from the previously approved $1.112 million startup appropriation authorized by Resolution 2026-01-27-1204. Ongoing annual costs will be incorporated into the Emergency Communications Division annual operating budget.
Attachment A - Master Software License and Support Agreement with BCS City of Stockton Page 3 of 3 Printed on 2/12/2026
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1 DTMDOCS 1163141v1 04/13/2005 01:50 PM
MASTER SOFTWARE LICENSE AND SUPPORT AGREEMENT
Between
City of Stockton
and
Bradshaw Consulting Services, Inc.
THIS AGREEMENT is made this 10th day of February 2026(the "Effective Date"), by and between City of Stockton ("Licensee"), and Bradshaw Consulting Services, Inc., a South Carolina corporation (“BCS”).
Recitals
Licensee desires to license from BCS certain software products and related documentation as described in such written Schedules (as defined below) as may be agreed upon by the parties in accordance with the terms of this Agreement, and BCS desires to license to Licensee such software products and related documentation. The license arrangement may, but need not, include installation and implementation of one or more computer programs, creation or provision of related printed material, as well as other development, support and maintenance services, all as may be described in appropriate Schedules to this Agreement.
Agreement
In consideration of the foregoing Recitals (which
are incorporated herein) and the mutual covenants and
agreements contained herein, the parties hereto agree as follows:
1. Definitions.
The following terms, when used in this Agreement,
shall have the following meanings:
1.1 Agreement. "Agreement" shall mean this
document and all exhibits referenced herein and
attached hereto, and any and all Schedules entered into hereunder.
1.2 Contract Year. For purposes of this
Agreement, each “contract year” shall mean the twelve
(12)-month period commencing on the anniversary of
the Effective Date of this Agreement and each
successive twelve (12)-month period thereafter.
1.3 Annual Maintenance Fee. "Annual
Maintenance Fee" shall mean the annual maintenance
fee for the Licensed Products, if any.
1.4 Confidential Information. "Confidential
Information” shall mean, with respect to a party hereto, all information or material which: (i) gives that party some competitive business advantage or the opportunity
of obtaining such advantage, or the disclosure of which could be detrimental to the interests of that party; and (ii) which is (A) marked “Confidential,” “Restricted,” or “Proprietary Information” or other similar marking,
(B) known by the parties to be considered confidential
or proprietary, or (C) which should be known or
understood to be confidential or proprietary by an
individual exercising reasonable commercial judgment
in the circumstances. Confidential Information does not include information to the extent that such information:
(i) is or becomes generally known to the public by any
means other than a breach of the obligations of a
receiving party hereunder; (ii) was previously known to the receiving party as evidenced by its written records; (iii) is rightly received by the receiving party from a third party who is not under an obligation of
confidentiality; (iv) is independently developed by the receiving party without reference to or use of the other party’s Confidential Information.
1.5 Defect. "Defect" means the failure of the
Licensed Products to perform in all material respects in accordance with the Documentation or to perform in all
material respects in accordance with such other
warranties, descriptions and specifications as may be set forth herein or in a Schedule hereto.
1.6 Documentation. "Documentation" shall
mean any and all written or electronic documentation
furnished or generally made available to licensees by
BCS relating to the Software, including the
Specifications and any operator's, user's or training
manuals.
1.7 Installation Site. "Installation Site", if
applicable, shall mean the site where the Licensed
Products are to be installed.
1.8 Intellectual Property. "Intellectual Property"
shall mean all inventions (whether or not protectable
under patent laws), works of authorship, information
fixed in any tangible medium of expression (whether or
not protectable under copyright laws), moral rights,
mask works, trademarks, trade names, trade dress, trade secrets, know-how, ideas (whether or not protectable
ATTACHMENT A
91 2
DTMDOCS 1163141v1 04/13/2005 01:50 PM
under trade secret laws), concepts, techniques and all
other subject matter protectable under patent, copyright, moral right, mask work, trademark, trade secret, or
other laws, including without limitation all new or
useful art, combinations, discoveries, formulae,
manufacturing techniques, business methods, technical
developments, artwork, software, programming, applets,
scripts, and designs.
1.9 License Fee. "License Fee" shall mean the
applicable license fee for the Licensed Products.
1.10 Licensed Products. "Licensed Products"
shall mean the Software described in each Schedule, the Documentation for the Software.
1.11 Maintenance Services. "Maintenance
Services" has the meaning set forth in Section 4.3.
1.12 Party. “Party” shall mean the “BCS” or
“Licensee,” individually as the context so requires; and “Parties” shall mean the “BCS” and “Licensee,”
collectively.
1.13 Personnel. “Personnel” shall mean and
include a Party’s directors, officers, employees, agents, auditors, consultants, outsourcers and subcontractors.
1.14 Schedule. "Schedule" shall mean each
schedule executed by Licensee and BCS hereunder in
substantially the form of that attached hereto as
Exhibit A.
1.15 Scheduled Delivery Date. "Scheduled
Delivery Date" shall mean the date the Licensed
Products are scheduled to arrive at the Installation Site pursuant to the applicable Schedule.
1.16 Service Bureau Arrangement. "Service
Bureau Arrangement" means any arrangement whereby
Licensee makes the Software available to third parties
for a fee to allow such third parties to enjoy the benefits of the Software. Application service providers shall be deemed to operate as a Service Bureau Arrangement.
1.17 Software. "Software" shall mean BCS's
proprietary software, in machine-readable, compiled
object code format only (unless otherwise specified in a schedule), including any Updates but excluding any
Third Party Software.
1.18 Specifications. "Specifications" shall mean
the standard published specifications for the Software, together with other mutually agreed to specifications for the Software as identified in a Schedule.
1.19 Third Party Software. "Third Party
Software" shall mean any computer programs or
Intellectual Property developed or owned by third
parties that are incorporated into the Software or
provided by BCS to Licensee for use with the Software.
BCS warrants and represents that it has authority to
license or sublicense any Third-Party Software
incorporated in the Software to Licensee. BCS further
warrants and represents that it shall maintain any ThirdParty Software license during the course of this Agreement. Licensee shall use any Third-Party
Software without any additional fees or charges.
1.20 Updates. "Updates" means Software issued
by BCS at no additional charge to its licensees that have an agreement for maintenance or support in effect and
current on payments for said maintenance. Updates do
not include new versions, products or upgrades that
contain major enhancements or additional functionality
that distinguish it significantly from prior versions of the Software, and for which BCS charges an additional
license fee to its existing licensees. Updates include bug fixes, corrections and other similar modifications. BCS shall also provide Licensee with any Updates to ThirdParty Software.
2. Grant and Scope of License.
2.1 Grant of License. BCS hereby grants to
Licensee a perpetual, non-exclusive license to use those Licensed Products described on each Schedule for its
normal business purposes, commencing upon the
delivery to Licensee of such Licensed Products and
continuing thereafter until terminated in accordance
with the provisions of this Agreement or the applicable Schedule. With respect to any license designated on the applicable Schedule as a seat license, such license shall only apply to the number of seat licenses purchased
under such Schedule.
2.2 Schedules. Each Schedule, when executed by
an authorized representative of both parties, shall
constitute a separate agreement and each such Schedule
incorporates therein all of the terms and conditions of this Agreement. The parties shall work together to
ensure that each Schedule is consecutively numbered to
facilitate identification and includes, to the extent
applicable, those particulars set forth in the form of
Schedule attached hereto and such other terms and
conditions as the parties may wish to include.
2.3 All Schedules and other related or
incorporated agreements shall be coterminous with the
term of this Agreement, unless expressly stated
otherwise in a written amendment signed by both
parties.
2.4 Use Limitations. Licensee agrees that except
to the extent permitted herein, as permitted by
applicable copyright law, or as permitted in a Schedule, it will not modify, de-compile, disassemble, or reverse engineer the Software, in whole or in part.
2.5 Copies. Licensee may make such additional
copies of each of the Licensed Products as it reasonably
ATTACHMENT A
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DTMDOCS 1163141v1 04/13/2005 01:50 PM
requires to use the Licensed Products, and for back-up
testing, disaster recovery or archival purposes, and shall be entitled to keep copies of the Licensed Products off Licensee's premises for purposes of safekeeping,
without payment of an additional license fee therefor.
2.6 Title. As between BCS and Licensee, BCS
retains title to the Licensed Products and associated
Intellectual Property provided by it hereunder and BCS
does not convey any proprietary interest therein to
Licensee other than the licenses and rights as specified herein. Title to the media on which the licensed
materials are recorded shall pass to Licensee on
delivery.
2.7 Updates. BCS shall provide Updates to
Licensee of any Software or Third-Party Software
licensed or sublicensed hereunder at no additional
charge so long as Licensee continues to acquire and pay for maintenance or support services with respect to such Software. All Updates provided hereunder shall be
provided with any Documentation applicable thereto.
3. Fees, Invoice and Payment.
3.1 Fees. Unless otherwise specified on a
Schedule, BCS may invoice Licensee for the License
Fee after the date the Software has been delivered to
Licensee. If applicable, BCS may invoice Licensee for
the Maintenance Service fees for the initial Maintenance Service after execution of the Maintenance Agreement.
BCS may invoice Licensee for any other charges
payable under this Agreement after the occurrence of
the event giving rise to the payment obligation
underlying the invoice.
3.2 Invoices. Each invoice shall describe the
Licensed Products for which the invoice has been
forwarded to Licensee. Licensee will pay such invoices
as described in Schedule 1. Unless otherwise specified
in the Schedule, all payments shall be in United States dollars.
3.3 Taxes. All fees are exclusive of all taxes,
duties or levies, however designated or computed.
Licensee shall be responsible for and pay all taxes based upon the use of BCS Products, or the program storage
media, or upon payments due under this Agreement
including, but not limited to, sales, use, or value-added taxes, duties, withholding taxes and other assessments
now or hereafter imposed on or in connection with this
Agreement or with any Maintenance Agreement granted
hereunder, exclusive of taxes based upon BCS's net
income. In lieu thereof, Licensee shall provide to BCS
a tax or other levy exemption certificate acceptable to the taxing or other levying authority.
4. Delivery and Installation and Maintenance.
4.1 Delivery. BCS agrees to deliver the Licensed
Products on the Scheduled Delivery Date to the
applicable Installation Site. In the event that BCS fails to deliver the Licensed Products to Licensee on the
Scheduled Delivery Date, Licensee may withhold any
current or future payments owed to BCS until BCS
completes delivery.
4.2 Installation. Unless otherwise specified on a
Schedule, Licensee is fully responsible for installation of the Licensed Products.
4.3 Maintenance Services. Maintenance and
support services for the Licensed Product
("Maintenance Services") may be purchased by
Licensee as set forth on the applicable Schedule.
Maintenance Services shall be provided in accordance
with the form of Maintenance Agreement attached
hereto as Exhibit B and the Service Level Agreement
attached hereto as Exhibit C. Maintenance Services
shall be provided on a automatic annual renewal basis,
with fees payable annually within thirty (30) days of
receipt of invoice.
5. Warranties.
5.1 Defects. BCS represents and warrants that for
any period in which Licensee has purchased
Maintenance Services, the Software: (i) shall be free
from any substantial Defects; and (ii) as delivered to
Licensee hereunder, shall operate on or with the
hardware and operating environment identified in the
applicable Schedules and Exhibits, if any.
5.2 Correction of Defects. In the event of
discovery of any substantial Defect, Licensee agrees to provide BCS with sufficient detail to allow BCS to
verify and reproduce the error, and BCS shall use best
efforts to correct such Defect within 7 days. If the
Defect cannot be corrected within 7 days, BCS will
submit a plan for correction of the defect within 30
days. This plan will be agreed to by BCS and the
Licensee before continuing. BCS is not responsible for
any error in a Licensed Product that Licensee has
modified without BCS's consent.
5.3 Performance of Services. BCS represents and
warrants that all services provided by BCS to Licensee, if any, (including without limitation any installation, support, training, and Maintenance Services) will be
performed in a timely, competent, professional, and
workmanlike manner, using qualified employees.
5.4 BCS Disclaimer of All Other Warranties.
Except as otherwise expressly stated in this Agreement, BCS makes no representations or warranties concerning
the Licensed Products or the services provided
hereunder. THE FOREGOING WARRANTIES ARE
IN LIEU OF, AND LICENSOR HEREBY
EXPRESSLY DISCLAIMS, ALL OTHER
WARRANTIES, BOTH EXPRESS AND IMPLIED,
INCLUDING BUT NOT LIMITED TO THE IMPLIED
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WARRANTIES OF MERCHANTABILITY AND OF
FITNESS FOR A PARTICULAR PURPOSE.
6. Indemnification.
6.1 Indemnification by BCS. BCS shall defend,
indemnify and hold harmless Licensee and its affiliates and their respective officers, directors, employees,
agents, lawyers and representatives (collectively the
"Licensee Indemnified Parties") from and against any
and all damages, losses, liabilities, judgments, awards, costs, and expenses of any nature whatsoever, including reasonable attorney's fees and court costs, incurred by any Licensee Indemnified Party arising out of or
relating to: (i) any loss or damage to real property or tangible personal property, or any bodily injury,
including death, to the extent caused by the intentional or grossly negligent acts or omissions of BCS; or
(ii) claims, actions, or proceedings alleging
infringement by Software of any United States
Intellectual Property rights of any third party.
6.2 Indemnification by Licensee. To the extent
permitted by applicable South Carolina law, Licensee
shall defend, indemnify and hold harmless BCS and its
affiliates and their respective officers, directors,
employees, agents, lawyers and representatives
(collectively the "BCS Indemnified Parties") from and
against any and all damages, losses, liabilities,
judgments, awards, costs, and expenses of any nature
whatsoever, including reasonable attorney's fees and
court costs, incurred by any BCS Indemnified Party
arising out of or relating to: (i) any loss or damage to real property or tangible personal property, or any
bodily injury, including death, to the extent caused by the intentional or grossly negligent acts or omissions of Licensee; or (ii) claims, actions, or proceedings by any third party relating to Licensee's use of the Licensed
Products, except for claims for which BCS is obligated
to indemnify Licensee pursuant to Section 6.1.
6.3 Indemnification Procedure. If a claim is made
against a party (the "Indemnified Party") for which the other party (the "Indemnifying Party") is obligated to
indemnify Indemnified Party, and if Indemnified Party
intends to seek indemnity with respect to such claim,
Indemnified Party shall promptly notify Indemnifying
Party in writing of such claim. Indemnifying Party shall have twenty (20) days after receipt of the abovementioned notice to notify Indemnified Party in writing of its intent undertake, conduct and control, through
counsel of Indemnifying Party's own choosing (subject
to the consent of Indemnified Party, such consent not to be unreasonably withheld) and at Indemnifying Party's
expense, the settlement or defense, or both, of such
claim, and Indemnified Party shall cooperate with
Indemnifying Party in connection with such efforts;
provided that: (i) Indemnifying Party shall permit
Indemnified Party to participate in such settlement or
defense through counsel chosen by Indemnified Party,
provided that the fees and expenses of any such counsel so chosen by Indemnified Party shall be borne by
Indemnified Party, and (ii) Indemnifying Party shall
promptly reimburse Indemnified Party for the full
amount of any loss resulting from such claim and all
related expense incurred by Indemnified Party. So long
as Indemnifying Party is reasonably contesting any such claim in good faith, Indemnified Party shall not pay or settle any such claim. If Indemnifying Party does not
notify Indemnified Party within twenty (20) days after
receipt of Indemnified Party’s notice of a claim of
indemnity under this Agreement that Indemnifying
Party elects to undertake the defense of such claim,
Indemnified Party shall have the right to contest, settle or compromise the claim in the exercise of Indemnified
Party’s exclusive discretion, which shall be at the
expense of Indemnifying Party. Indemnifying Party
shall not, without the prior written consent of
Indemnified Party, enter into any settlement agreement
on terms that would diminish the rights provided to
Indemnified Party or increase the obligations assumed
by Indemnified Party under this Agreement.
6.4 Excepted Claims. BCS shall have no liability
to the extent any claim of Intellectual Property
infringement is based on (i) use of Licensed Products
modified by Licensee if such infringement would have
been avoided by the use of the unmodified version of
Licensed Products that BCS provided to Licensee; (ii)
use of the Licensed Products in connection with any
third party software or hardware; (iii) use of the
Licensed Products in a manner other than that set forth in the Documentation; or (iv) specifications provided by Licensee to BCS.
6.5 Prompt Notice. Both BCS and Licensee agree
to give each other prompt written notice of any threat, warning or notice of claim or action against the other.
7. Insurance During the term of this Agreement, BCS will maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit D to this Agreement and shall otherwise comply with the other provisions of Exhibit D to this Agreement.
8. Confidential Information.
8.1 Confidential Information. Each party shall
use at least the same degree of care in safeguarding the other party's Confidential Information as it uses in
safeguarding its own Confidential Information, but in
no event shall a party use less than reasonable diligence and care. Each party hereby agrees that (i) during the
term of this Agreement and at all times thereafter it
shall not commercialize or disclose the other party's
Confidential Information to any person or entity, except to its own Personnel, and in the case of Licensee, the
Personnel of Licensee Affiliates (collectively, the
"Representatives") having a need to know; (ii) it will
not use or permit its Representatives to use any
Confidential Information for purposes other than in
connection with performance of its duties under this
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Agreement; (iii) it will disclose Confidential
Information of the other only to those Representatives
who are contractually bound to maintain the
confidentiality thereof; and (iv) it will be responsible for any disclosure or misuse of Confidential Information by such representatives. Notwithstanding the foregoing,
each party may disclose Confidential Information
pursuant to a requirement or request of a governmental
agency or pursuant to a court or administrative
subpoena, order or other such legal process or
requirement of law, or in defense of any claims or
causes of action asserted against it; provided, however, that it shall: (i) first notify the other of such request or requirement, or use in defense, unless such notice is
prohibited by statute, rule or court order; (ii) attempt to obtain the other's consent to such disclosure; and (iii) in the event consent is not given, agree to permit a motion to quash, or other similar procedural step, by the other to frustrate the production or publication of information.
Notwithstanding the foregoing, nothing herein shall
require either party to fail to honor a subpoena, court or administrative order or requirement on a timely basis.
Each party shall cooperate with the other in an effort to limit the nature and scope of any required disclosure of Confidential Information.
9. Limitation of Damages.
9.1 Limitation of Damages. IN NO EVENT
SHALL EITHER PARTY BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, IN TORT
INCLUDING NEGLIGENCE, BY STATUTE OR
UNDER ANY QUASI-CONTRACTUAL THEORY
OF LIABILITY, EVEN IF A PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. The foregoing limitations of liability will
not apply and nothing in this Agreement shall affect
either party's liability: (i) for any damages caused by the intentional or grossly negligent acts or omissions of
such party; or (ii) to the extent prohibited by applicable law.
10. Termination.
10.1 The Agreement. This Agreement may be
terminated by either party immediately if the other party breaches any material obligation provided hereunder
and the breaching party fails to cure such breach (if
such breach is curable) within thirty (30) days of receipt of the written notice specifying the nature of the default.
Upon termination, however, any Schedule previously
executed shall remain in effect, and the terms and
conditions of this Agreement shall remain in full force and effect with respect thereto, and both parties shall be obligated to perform their respective obligations
applicable thereto until such Schedules have been
terminated.
10.2 Schedules. Schedules may terminated by
either party if the other party breaches any material
obligation provided in the Schedule, and the breaching
party fails to cure such breach within thirty (30) days of receipt of the notice specifying the nature of the default.
10.3 Notwithstanding any provision of this Agreement,
any Schedule, Statement of Work, maintenance
agreement, renewal, amendment, exhibit, or related
document, Licensee’s performance and payment
obligations are expressly contingent upon annual
appropriation of funds by its governing board. If
sufficient funds are not appropriated or otherwise made available for any future fiscal period, Licensee may
terminate this Agreement and/or any Schedule,
Statement of Work, maintenance agreement, or related
document, in whole or in part, upon written notice,
without cause or penalty. In such event, Licensee shall only be responsible for payment of undisputed amounts
for services actually rendered through the effective date of termination, and no early termination fee, liquidated damages, accelerated payments, or remaining-term
charges shall apply.
11. Miscellaneous.
11.1 Excusable Delays. In no event shall either
party be liable one to the other, for any delay or failure to perform hereunder, which delay or failure to perform is due to causes beyond the control of said party,
including, but not limited to, acts of God; acts of the public enemy; acts of terrorism; acts of the United
States of America, or any state, territory or political division thereof; fires, floods or other natural disasters.
Performance times under any Schedule shall be
considered extended for a period of time equivalent to
the time lost because of any delay which is excusable
under this Section 10.1. If any such excusable delay
shall last for a period of more than sixty (60)
consecutive calendar days, the party whose performance
is not delayed may, at its option, terminate this
Agreement or the applicable Schedule.
11.2 Notices. Any legal notice, consent, or other
communication will be in writing and may be delivered
in person, by mail, or by facsimile copy. If hand
delivered, the notice will be effective upon delivery. If by facsimile copy, the notice will be effective when
sent. If mailed, the notice will be effective three (3) business days after being deposited with the United
States Postal Service by certified mail, return receipt requested, addressed appropriately to the intended
recipient, as follows:
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Licensee City of Stockton
Attn: Johnny Ford
City Hall
1 E Lindsay St
Stockton, CA 95202
Bradshaw Consulting Services, Inc.
BCS: Attn: Tony Bradshaw
2170 Woodside Executive Court
Aiken, South Carolina, 29803
Each party may change its address for notification
purposes by giving the other party written notice of the new address and the date that it will be effective.
11.3 Publicity. BCS may designate Licensee as a
customer of BCS on its marketing materials both offline and on the Internet only with Licensee written approval
11.4 Binding Agreement. This Agreement shall
be binding upon the parties and their respective legal
successors and permitted assigns.
11.5 Assignment. Except as set forth herein,
neither party may assign or otherwise transfer this
Agreement or any Schedule without the consent of the
other, which consent shall not be unreasonably
withheld. Nevertheless, upon written notice to
Licensee, this Agreement or any Schedule may be
assigned or transferred in connection with a
combination, merger, or the sale of all or substantially all of the business or assets of the BCS's business.
11.6 Relationship of the Parties. The parties
hereto agree that each party is an independent contractor in the performance of each and every part of this
Agreement, and is solely responsible for all of its own respective employees and agents and its labor costs and expenses arising in connection therewith. Neither party nor its agents or employees are the representatives of
the other party for any purpose and neither party has the power or authority as agent, employee or any other
capacity to represent, act for, bind or otherwise create or assume any obligation on behalf of the other party for
any purpose whatsoever.
11.7 Governing Law. The validity of this
Agreement, the construction and enforcement of its
terms, and the interpretation of the rights and duties of the parties shall be governed by the laws of the State of California, without reference to its conflict of laws
principles. However, if any version of the Uniform
Computer Information Transactions Act (“UCITA”) is
enacted as a part of the law of the aforementioned state, said statute shall not govern any aspect of this
Agreement and instead the laws that existed prior to
such enactment shall govern those issues that would
otherwise be covered by UCITA.
11.8 Modification, Amendment, Supplement,
Waiver No modification, amendment, supplement to
or waiver of this Agreement or any of its provisions
shall be binding upon the parties hereto unless made in writing and duly signed by both parties. A failure or
delay of either party to this Agreement to enforce at any time any of the provisions of this Agreement, or to
exercise any option which is herein provided, or to
require at any time performance of any of the provisions hereof, shall in no way be construed to be a waiver of
such provision of this Agreement.
11.9 Exhibits and Attachments. The terms and
conditions of any and all Schedules, Exhibits and other attachments to this Agreement, whether now in
existence or created hereafter, are incorporated herein by this reference and shall constitute part of this
Agreement as if fully set forth herein.
11.10 Entire Agreement. This Agreement,
together with all the Schedules, exhibits and other
attachments hereto, constitutes the entire Agreement
between the parties and supersedes all previous
agreements, promises, proposals, representations,
understanding and negotiations, whether written or oral between the parties respecting the subject matter hereof.
11.11 Survival. The following sections shall
survive termination of this Agreement: 5.4 (Warranty
Disclaimer); 6 (Indemnification); 7.1 (Confidential
Information) 8.1 (Limitation of Damages); and 10
(Miscellaneous).
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B-1
EXHIBIT A
FORM OF SCHEDULE
SCHEDULE 1
TO MASTER SOFTWARE LICENSE AND SUPPORT AGREEMENT
City of Stockton
and
Bradshaw Consulting Services, Inc.
This Schedule No. 1 to the Master Software License and Support Agreement (the "Agreement") is executed by the parties to specify the Software, Documentation and/or services to be provided by BCS to Licensee pursuant to the terms of the Agreement.
This Schedule 1 is hereby incorporated into the Agreement and shall be governed by its terms. In the event of a conflict between the terms and conditions of this Schedule and the Agreement, the terms of the Agreement shall prevail unless the Agreement expressly contemplates that the inconsistent term may be varied in a Schedule. Capitalized terms used herein but not herein defined shall have the meaning set forth in the Agreement. All licenses and/or sublicenses granted herein are perpetual unless expressly identified otherwise.
1. List of Software, Sublicensed Software, and Prices.
A. Software Deliverables:
(i) MARVLIS Software to include the following modules
MARVLIS Primary Server
MARVLIS Deployment Monitor (150 vehicles)
MARVLIS Demand Monitor (150 vehicles)
MARVLIS Deployment Planner (75 vehicles
(ii) ESRI Runtimes/ TomTom Data
1 Seat of Demand Monitor, 1 Seat of Deployment Plannerand 12 Seats of Deployment Monitor TomTom data with Live Traffic feed (150 vehicles)
B. Seat license or Enterprise wide license: Products above include an enterprise wide license for up to 150 vehicles but have additional runtime licenses that are licensed per seat if additional seats are required.
C. Description of Deliverables: One copy of the latest current versions of the Software Deliverables will be delivered via file transfer.
D. Description of Documentation: Current copies of all available documentation in electronic form.
E. Third Party Software*
Embedded Software
MapObjects/NetEngine Runtime
ArcGIS Engine (OEM)
Enhanced Software
TomTom Data
*Designations for Third-Party software: (i) “Embedded” if it is embedded in BCS’s proprietary Software in such a way as to be virtually indistinguishable to the user; (ii) “Bundled” if it is not embedded, but is required in order for the BCS’s proprietary Software to function properly; or, (iii) “Enhanced” if it is neither Embedded or Bundled, but merely supplements the functionality of BCS’s proprietary Software.
F. Installation, Training, Development, Implementation or other Fees: See Table A below G. Schedule Term: 5 yrs
H. Payment Schedule
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EXHIBIT C – SERVICE LEVEL AGREEMENT
Software Support
Between: BCS and City of Stockton
Effective Date: 2/10/2026
Software: MARVLIS
1. Services Covered
Technical support for software issues
Bug fixes and software patches
Software updates and security fixes
Access to knowledge base and documentation
2. Support Response Times
Priority Description Response Resolution
Critical System down or unusable 1 hour 4 hours
High Major feature not working 4 hours 2 days
Medium Minor issue with workaround 1 day 5 days
Low Minor cosmetic issue 2 days Next update
3. Support Contact
Email: [email protected]
Phone: +1 (803) 641-0960
Support Portal: https://support.bcs-gis.com/
Emergency: +1 (803) 645-5695 (Critical issues only, 24/7)
4. Client Responsibilities
Provide detailed information when reporting issues
Maintain current backups of all data
Keep hardware and infrastructure up to specifications
Grant access to systems for troubleshooting when needed
5. What’s Not Covered
Hardware problems
Network or internet issues
Custom development or new features
Issues caused by unauthorized software modifications
Problems beyond our reasonable control (force majeure)
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EXHIBIT D – INSURANCE REQUIREMENTS
BCS shall procure and maintain for the duration of the contract insurance against claims for security breaches, system failures, injuries to persons, damages to software, or damages to property (including computer equipment) which may arise from or in connection with the performance of the work hereunder by BCS, its agents, representatives, or employees. BCS shall procure and maintain for the duration of the contract insurance claims arising out of their services and including, but not limited to loss, damage, theft or other misuse of data, infringement of intellectual property, invasion of privacy and breach of data.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if BCS 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. Cyber Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by BCS in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
Technology Professional Liability Errors & Omissions
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Technology Professional Liability Errors and Omissions Insurance appropriate to BCS’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by BCS in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.
a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the BCS.
If BCS 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 BCS. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of BCS including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to BCS’s insurance, at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used. For Vendors ISO Form CG 20 15 12 19 is acceptable. 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, BCS’s insurance coverage shall be primary and non-contributory, with coverage at least as broad as ISO CG 20 01 12 19 as
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Other-6
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 BCS’s insurance, including any excess policies, and shall not contribute with it. This requirement shall also apply to any Excess policies.
The City of Stockton does not accept endorsements limiting the Vendor’s insurance coverage to the sole negligence of the Named Insured.
Umbrella or Excess Policy
BCS 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” or broader coverage basis, with coverage at least as broad as provided on the underlying CGL insurance.
Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City of Stockton.
Waiver of Subrogation
BCS hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said BCS may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. BCS 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 BCS to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy language shall provide, or be endorsed to provide, that the 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
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
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2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, BCS must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
BCS shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All documents are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive BCS’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.
Subcontractors
BCS shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and BCS shall ensure that City of Stockton is an additional insured on insurance required from subcontractors.
Special Risks or Circumstances
City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
425 N El Dorado Street
Stockton, CA 95202
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City of Stockton
Legislation Text
File #: 26-0041, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH AG-AIR, INC. FOR AERIAL
SPRAYING SERVICES AT THE REGIONAL WASTEWATER CONTROL FACILITY
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Specifications and Addenda for Helicopter Aerial Spraying Services for Mosquito and Vector Control at the Regional Wastewater Control Facility, PUR 26-007 (Exhibit 1 to the Resolution).
2. Authorize a five-year contract with Ag-Air, Inc. of Oakdale, California, for Helicopter Aerial Spraying Services for Mosquito and Vector Control at the Regional Wastewater Control Facility, for a total not-to-exceed contract amount of $343,000. (Exhibit 2 to the Resolution).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department’s (MUD) Regional Wastewater Control Facility (RWCF) is an advanced tertiary wastewater treatment facility with a 55 million-gallon per day capacity located adjacent to the San Joaquin River. The RWCF includes over 585 acres of treatment ponds and constructed wetlands.
The San Joaquin County Vector Control (SJCVC) requires periodic spraying of the treatment ponds and wetlands to control mosquito and midge fly populations (vectors).
Staff recommend that the City Council authorize a five-year contract with Ag-Air, Inc. of Oakdale, California, for a total not-to-exceed amount of $343,000 for Mosquito and Vector control at the RWCF.
DISCUSSION
Background
MUD staff operate and maintain the RWCF, which includes treatment ponds and constructed wetlands. The SJCVC requires treatment ponds and wetlands to be sprayed periodically to control vectors including mosquito and midge fly. The SJCVC also determines the frequency and type of chemicals necessary for vector control based on mosquito population testing and counts. Mosquito populations in the area have historically tested positive for West Nile and Zika viruses. Either virus City of Stockton Page 1 of 2 Printed on 2/12/2026
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File #: 26-0041, Version: 1
can cause significant health risks.
Present Situation
An Invitation to Bid was publicly advertised on September 29, 2025, in the Legal Notice Section of The Record and on the City’s Bid Flash webpage. Additionally, staff emailed bid specifications to prospective bidders via Ask Stockton.
Respondents to the bid were required to have rotary-wing aircraft, pilot, aerial spraying equipment, labor, fuel, staging, and all other supplies needed to perform the aerial spraying services excluding adulticide and/or larvicide chemical which would be provided by MUD on SJCVC approval. Rotarywing aircraft minimize overspray and drift while allowing precise application to the treatment ponds and wetlands.
Responsive bidders were required to hold all appropriate licenses required for operation of a rotary wing aircraft (helicopter) and a California Pest Control Operator’s license.
On Thursday, November 13, 2025, the City received the following (one) sealed bid:
Company Location Estimated Annual Hours Estimated Annual Cost Ag-Air, Inc. Oakdale, CA 30 $65,065
The bid allows for a maximum 3% increase for each succeeding year, providing there is evidence of a cost increase and the amount of that increase.
The bid submitted by Ag-Air is regular in all respects, meets the City’s requirements, and includes proper licensing. Over the past five years, the cost for these services has ranged from $1,550 to $2,148 per hour. Therefore, Ag-Air’s bid, which averages $2,169 per hour, is reasonable.
Staff recommend that the City Council authorize a five-year contract with Ag-Air, Inc. of Oakdale, California, for a total not-to-exceed amount of $343,000 for Mosquito and Vector control at the Regional Wastewater Control Facility.
FINANCIAL SUMMARY
There is sufficient budget in account number 6513-000-630006-610-000-00-65-000-000 for the remainder of FY 2025-26. The cost for the first full year of the contract is $65,065. Funds for future years will be budgeted and presented to the City Council for approval during the annual budgeting process.
This action has no impact on the General Fund or any other unrestricted funds.
City of Stockton Page 2 of 2 Printed on 2/12/2026
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING A CONTRACT WITH AG-AIR, INC. WITH A TOTAL NOT-TOEXCEED AMOUNT OF $343,000 FOR AERIAL SPRAYING SERVICES AT THE REGIONAL
WASTEWATER CONTROL FACILITY
The Stockton Municipal Utilities Department (MUD) manages, operates, and maintains the Stockton Regional Wastewater Control Facility, which includes over 585 acres of treatment ponds and constructed wetlands; and
The San Joaquin County Vector Control (SJCVC) requires periodic spraying of these treatment ponds and wetlands for control of mosquito and midge fly populations (vectors).
Mosquito populations in the area have historically tested positive for West Nile and Zika viruses.
The SJCVC determines the frequency of application and the type of chemicals used based on mosquito population counts; and
On September 29, 2025, an Invitation to Bid was publicly advertised in the Legal Notice Section of The Record and on the City’s Bid Flash webpage. Additionally, staff emailed bid specifications to prospective bidders via AskStockton; and On Thursday, November 13, 2025, the City Clerk’s office received one sealed bid from Ag-Air, Inc. of Oakdale, California, that was regular in all aspects; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The Specifications and Addenda are approved for Helicopter Mosquito and Vector Abatement at the Regional Wastewater Control Facility, PUR 26-007 (Exhibit 1 to the resolution).
2. The City Manager is authorized to execute a five-year contract with Ag-Air, Inc. of Oakdale, California for Helicopter Mosquito and Vector Abatement at the Regional Wastewater Control Facility, for a total not-to-exceed contract amount of $343,000 (Exhibit 2 to the resolution).
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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 February 17, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
110
BIDS WILL BE RECEIVED UNTIL THE HOUR OF
2:00 PM PST, Thursday, November 13, 2025
ELECTRONICALLY AT [email protected]
REQUEST FOR SEALED BIDS
HELICOPTER MOSQUITO AND VECTOR ABATEMENT SERVICES AT THE
REGIONAL WASTEWATER CONTROL FACILITY
FOR THE CITY OF STOCKTON, CALIFORNIA
PUR 26-007
EXHIBIT 1
111
INVITATION FOR SEALED BID
HELICOPTER MOSQUITO AND VECTOR ABATEMENT SERVICES AT THE
REGIONAL WASTEWATER CONTROL FACILITY
PUR 26-007
i
IFB INFORMATION
Contact Rajvir Sahota
Email Address [email protected]
NON-MANDATORY
On-Site Meeting
TUESDAY, OCTOBER 7, 2025
9:00 AM PDT
2500 Navy Drive, Stockton, California
Due Date for Questions
and Clarifications
OCTOBER 16, 2025 2:00 PM PDT
Due Date for Response
to
Questions/Clarifications
OCTOBER 30, 2025 5:00 PM PDT
IFB Submittal
Electronic Mail
[email protected]
IFB Submittal Due Date
& Time
THURSDAY, NOVEMBER 13; 2:00 PM
PDT
Proposal shall be electronically delivered
to the email address above at or before
the hour stated. Proposals arriving after
the opening deadline will not be accepted.
Notification of Intent to
Award
NOVEMBER 18, 2025
Anticipated Date for
Council Approval
JANUARY 20, 2025
EXHIBIT 1
112
INVITATION FOR SEALED BID
HELICOPTER MOSQUITO AND VECTOR ABATEMENT SERVICES AT THE
REGIONAL WASTEWATER CONTROL FACILITY
PUR 26-007
ii
Table of Contents
1.0 GENERAL INFORMATION ......................................................................................... 2
1.1 REQUEST FOR SEALED BID ...................................................................................... 2
1.2 INVITATION TO SUBMIT A BID ................................................................................... 2
1.3 LOCAL BUSINESS PREFERENCE.............................................................................. 2
1.4 CONSEQUENCE OF SUBMISSION OF BID................................................................ 2
1.5 EXAMINATION OF BID MATERIALS........................................................................... 3
1.6 ADDENDA AND INTERPRETATION............................................................................ 3
1.7 DISQUALIFICATION ..................................................................................................... 3
1.8 BID REJECTED............................................................................................................. 4
1.9 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED ................ 4
1.10 LICENSING REQUIREMENTS...................................................................................... 4
1.11 INSURANCE REQUIREMENTS.................................................................................... 5
1.12 HOLD HARMLESS........................................................................................................ 5
1.13 APPLICABLE LAW ....................................................................................................... 5
1.14 METHOD OF PAYMENT ............................................................................................... 6
1.15 TERM ............................................................................................................................. 6
1.16 COMPETITIVE PRICING............................................................................................... 6
1.17 FUNDING....................................................................................................................... 6
1.18 UNCONDITIONAL TERMINATION FOR CONVENIENCE........................................... 6
1.19 AUDITING OF CHARGES & SERVICES...................................................................... 6
1.20 BID SECURITY.............................................................................................................. 6
1.21 CONTRACT BONDS ..................................................................................................... 7
1.22 AWARD.......................................................................................................................... 7
1.23 CHANGES ..................................................................................................................... 8
1.24 OTHER GOVERNMENTAL AGENCIES ....................................................................... 8
1.25 LIQUIDATED DAMAGES.............................................................................................. 8
1.26 PRODUCT OWNERSHIP............................................................................................... 8
1.27 CONFIDENTIALITY....................................................................................................... 9
1.28 JOB WALK .................................................................................................................... 9
1.29 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR REGISTRATION REQUIREMENTS........................................................................................................................ 9
1.30 CONTRACTOR’S SAFETY RESPONSIBILITY.......................................................... 10
1.31 PROTEST POLICY...................................................................................................... 10 EXHIBIT 1
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INVITATION FOR SEALED BID
HELICOPTER MOSQUITO AND VECTOR ABATEMENT SERVICES AT THE
REGIONAL WASTEWATER CONTROL FACILITY
PUR 26-007
iii
2.0 BACKGROUND/GENERAL NATURE OF SERVICE............................................... 11
2.1 SCOPE OF SERVICES ............................................................................................... 12
2.2 CITY RESPONSIBILITIES........................................................................................... 12
2.3 EQUIPMENT REQUOREMENTS................................................................................ 12
2.4 OPERATIONAL REQUIREMENTS ............................................................................. 13
2.5 PILOT REQUIREMENTS............................................................................................ 14
3.0 BIDDER’S CHECKLIST................................................................................................. 15 BID DOCUMENTS .................................................................................................................... 16 COST TABLE FOR PRODUCTS AND SERVICES.................................................................. 17 REFERENCES .......................................................................................................................... 18 BIDDER’S AGREEMENT ......................................................................................................... 19 NON-COLLUSION .................................................................................................................... 20 EXHIBIT 1
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1 NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that sealed bids are invited by the City of Stockton, California for specifications for HELICOPTER MPSQUITO AND VECTOR ABATEMENT SERVICES AT THE REGIONAL WASTEWATER CONTROL FACILITY PUR 26-007 in strict accordance with the specifications.
The city of Stockton is seeking competitive bids from qualified vendors interested in a multiyear contract to provide the City with rotary-wing aerial application of insecticide for mosquito and vector control for the wetlands and ponds located at the Stockton Regional Wastewater Control Facility, as required by the San Joaquin County Mosquito and Vector Control District.
The bid specifications and forms can be obtained from the City of Stockton’s website at www.stocktonca.gov/mudbid and must be electronically delivered to [email protected] up to but not later than 2:00 pm on THURSDAY, NOVEMBER 13, 2025.
A non-mandatory job walk will be held on Tuesday, October 7 at 9:00 am promptly at 2500 navy Drive. Late arrivals will not be admitted. Failure to attend will result in your bid being rejected.
The City reserves the right to reject any and/or all bids received.
Information on Bid Process/Clarification/Technical Data Rajvir Sahota, Procurement Division
(209) 937-8357
e-mail: [email protected]
DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.
Dated: SEPTEMBER 29, 2025
KATHERINE ROLAND, CMC, CPMC, CITY CLERK
CITY OF STOCKTON
EXHIBIT 1
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INVITATION FOR SEALED BIDS
2 1.0 GENERAL INFORMATION
1.1 REQUEST FOR SEALED BID
The purpose of this sealed bid is to request bidders to present their qualifications and capabilities to provide HELICOPTER MOSQUITO AND VECTOR
ABATEMENT SERVICES AT THE REGIONAL WASTEWATER CONTROL
FACILITY PUR 26-007 for the City of Stockton.
1.2 INVITATION TO SUBMIT A BID
Bids shall be submitted no later than 2:00 pm, on THURSDAY, NOVEMBER 13, 2025.
The bid should be identified in the Subject of " HELICOPTER MOSQUITO AND
VECTOR ABATEMENT SERVICES AT THE REGIONAL WASTEWATER
CONTROL FACILITY for the City of Stockton PUR 26-007." Any bid received after the due date and time indicated will not be accepted and will be deemed rejected and returned, unopened, to the bidder.
1.3 LOCAL BUSINESS PREFERENCE
Stockton Municipal Code Section 3.68.090 reads as follows:
Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. (Ord. 2014-03- 18-1601 C.S. § 1; prior code § 3-106.1)
1.4 CONSEQUENCE OF SUBMISSION OF BID
A. The City shall not be obligated to respond to any bid submitted nor be legally bound in any manner by the submission of a bid.
B. Acceptance by the City of a bid obligates the bidder to enter into a contract with the City.
C. A contract shall not be binding or valid against the City unless or until it is executed by the City and the bidder.
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3 D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.
1.5 EXAMINATION OF BID MATERIALS
The submission of a bid shall be deemed a representation and warranty by the bidder that it has investigated all aspects of the bid, that it is aware of the applicable facts pertaining to the bid process and its procedures and requirements, and that it has read and understands the bid. No request for modification of the provisions of the bid shall be considered after its submission on the grounds the bidder was not fully informed as to any fact or condition. Statistical information which may be contained in the bid or any addendum thereto is for informational purposes only.
The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.
1.6 ADDENDA AND INTERPRETATION
The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications/questions/answers of a bid shall be made in writing/email and deliverable to:
CITY OF STOCKTON
ATTN: RAJVIR SAHOTA
PROCUREMENT DIVISION
425 NORTH EL DORADO STREET
STOCKTON, CA 95202-1997
[email protected]
Such request for clarification shall be delivered to the City by 2:00 pm on THURSDAY, OCTOBER 16, 2025. Any City response to a request for clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/mudbid by THURSDAY, OCTOBER 30, 2025, and will become a part of the bid addendum. The bidder should await responses to inquires prior to submitting a bid.
1.7 DISQUALIFICATION
Any of the following may be considered cause to disqualify a bidder without further consideration:
A. Evidence of collusion among bidders;
B. Any attempt to improperly influence any member of the evaluation panel; C. Any attempt to communicate in any manner with a City of Stockton elected official during the bid process will, and shall be, just cause for EXHIBIT 1
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INVITATION FOR SEALED BIDS
4 disqualification/rejection of bidder’s bid submittal and considered nonresponsive.
D. A bidder's default in any operation of a contract which resulted in termination of that contract; and/or
E. Existence of any lawsuit, unresolved contractual claim, or dispute between bidder and the City.
F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.
1.8 BID REJECTED
A bid shall be prepared and submitted in accordance with the provisions of these bid instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a bid may be sufficient grounds for rejection of the bid. The City has the right to waive any defects in a bid if the City chooses to do so. The City may not accept a bid if:
A. Any of the bid forms are left blank or are materially altered; B. Any document or item necessary for the proper evaluation of the bid is incomplete, improperly executed, indefinite, ambiguous, or missing.
1.9 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED A. This work may not be contracted.
1.10 LICENSING REQUIREMENTS
Any professional certifications or licenses that may be required will be the sole cost and responsibility of the successful bidder.
All appropriate licenses required for spraying of chemicals and/or pesticides shall be maintained for the duration of the contract. Bidder must possess a valid California Pest Control Operator’s license or access to a California licensed pest control operator through a valid subcontracting agreement.
All appropriate licenses required for operation of a rotary wing aircraft (helicopter) shall be maintained for the duration of the contract
A City of Stockton Business license may be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.
EXHIBIT 1
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CITY OF STOCKTON
INVITATION FOR SEALED BIDS
5 1.11 INSURANCE REQUIREMENTS
Bidder, at Bidder's sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the insurance requirements listed in attached Exhibit 1 (or Exhibit B of the sample contract).
All coverage shall be provided by a carrier authorized to transact business in California and shall be primary. All policies, endorsements, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.
Maintenance of proper insurance coverage is a material element of this contract, and failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
The Bidder shall assert that these insurance requirements will be met as part of their proposal response. Failure to comply with these insurance requirements may result in a proposal being deemed unresponsive. Bidder shall satisfy these insurance requirements concurrently with the signing of the contract prior to commencement of work. It is strongly suggested that insurance requirements be reviewed with Bidder’s broker to ensure any additional costs are included in the proposal pricing component.
Any questions pertaining to insurance requirements, please contact City of Stockton Risk Services at (209) 937-5037.
1.12 HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in 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.
1.13 APPLICABLE LAW
Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, County of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.
EXHIBIT 1
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CITY OF STOCKTON
INVITATION FOR SEALED BIDS
6 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.
1.14 METHOD OF PAYMENT
Payment will be made within thirty (30) days after invoices are received and accepted by the City. Invoices are to be rendered monthly.
1.15 TERM
The City plans to establish a five (5) year contract with an option to renew for another five (5) years.
1.16 COMPETITIVE PRICING
Bidder warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of bidder. If bidder enters into any arrangements with another customer of bidder to provide product under more favorable charges, economic or product terms or warranties, bidder shall immediately notify CITY of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.
1.17 FUNDING
Any contract which results from this bid will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will terminate without penalty, at the end of the term for which funds are appropriated.
1.18 UNCONDITIONAL TERMINATION FOR CONVENIENCE
The City may terminate the resultant contract for convenience by providing a sixty (60) calendar day advance notice unless otherwise stated in writing.
1.19 AUDITING OF CHARGES & SERVICES
The City reserves the right to periodically audit all charges and services made by the bidder to the City for services provided under the contract. Upon request, the bidder agrees to furnish the City with necessary information and assistance.
1.20 BID SECURITY
Every bid offered shall be accompanied by an acceptable financial instrument (bidder’s bond, certified or cashier’s check) in favor of and payable at sight to the City of Stockton for an amount not less than $0.00 or a bidder's bond executed by a surety authorized by the Insurance Commissioner to transact business of EXHIBIT 1
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CITY OF STOCKTON
INVITATION FOR SEALED BIDS
7 insurance in the State of California, made out in favor of the CITY OF STOCKTON for an amount not less than $0.00 and no bid shall be considered unless accompanied by such certified or cashier’s check or bidder's bond.
If bidder elects to accompany their bid with a bidder's bond, then said bond shall state on its face that, "in the event the person, firm, or corporation is awarded the contract and the said bidder shall fail, neglect, or refuse to enter into a contract to said equipment or materials, then the amount therein mentioned in the bidder's bond accompanying the bid of said person, firm, or corporation shall be declared to be forfeited to the City."
In the event that the person, firm, or corporation to whom said contract may be awarded fails, neglects, or refuses to enter into contract to furnish said equipment, materials or services, as hereinbefore provided within thirty (30) days of award, then the cashier's check, or certified check and the amount therein mentioned, accompanying the bid of said person, firm, or corporation, shall be declared to be forfeited to said City; or, if non-complying bidder has accompanied their bid with a bidder's bond, appropriate legal action to collect the bidder's bond, shall be undertaken.
As information, the City will NOT accept company or personal checks for bid security.
1.21 CONTRACT BONDS
The successful bidder will be required to furnish the City of Stockton with a Faithful Performance Bond in the amount of $0.00 or % and shall be furnished concurrently with the signing of the contract.
The surety which provides the bond(s) must be authorized by the Insurance Commissioner to transact business of insurance in the State of California.
Said bonds shall be executed by the surety and contractor concurrently with the signing of the contract. The form of said bonds must be approved by the appropriate City departments.
All alterations, extension of time, extra and additional work, and other changes authorized by these specifications or any part of the contract shall be made without securing the consent of the surety or sureties on the contract bonds.
1.22 AWARD
Upon conclusion of the bid process, a contract may be awarded for PUR 26-007 HELICOPTER MOSQUITO AND VECTOR ABATEMENT SERVICES for the City of Stockton at the Regional Wastewater Control Facility for the City of Stockton.
The City reserves the right to make an award on any item, quantity of any item, group of items, or in the aggregate to that/those bidder(s) whose bid(s) is/are most responsive to the needs of the City. Further, the City reserves the right to reject EXHIBIT 1
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INVITATION FOR SEALED BIDS
8 any and all bids, or alternate bids, or waive any informality in the bid as is in the City's best interest.
Consideration will be given in comparing bids and awarding a contract, not only to the dollar amount of the bids, but also to:
➢ Kind
➢ Suitability
➢ Warranties
➢ Trade-in
➢ Buy-back agreement
➢ Salvage value
➢ Standardization
➢ Delivery time
➢ Any other criteria as best suits the City of Stockton ➢ Compatibility resulting in the lowest ultimate cost; Best value to the City
1.23 CHANGES
The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the bidder or as recommended by the bidder’s project manager, pursuant to the adopted City of Stockton Standard Specifications.
1.24 OTHER GOVERNMENTAL AGENCIES
If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.
Such participating governmental bodies shall make purchases in their own name, make payment directly to successful bidder and be liable directly to the successful bidder, holding the City of Stockton harmless.
1.25 LIQUIDATED DAMAGES
Liquidated damages in the amount of $0.00 dollars per day will be assessed per each working day over the _______N/A_____ allotted for this project.
1.26 PRODUCT OWNERSHIP
Any documents, products or systems resulting from the contract will be the property of the City of Stockton.
EXHIBIT 1
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9 1.27 CONFIDENTIALITY
If bidder believes that portions of a bid constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the bidder must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the bid which the bidder believes to be protected from disclosure.
The bidder must submit in writing specific detailed reasons, including any relevant legal authority, stating why the bidder believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted.
The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The bidder is hereby put on notice that the City may consider all or parts of the offer public information under applicable law even though marked confidential.
1.28 JOB WALK
A NON-MANDATORY job walk will be held on TUESDAY, OCTOBER 7, 2025 at 9:00 am promptly at 2500 NAVY DRIVE. Late arrivals will not be admitted. Failure to attend will result in your bid being rejected.
1.29 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR REGISTRATION
REQUIREMENTS
Prevailing wage rates are required for this project according to State and Federal Labor laws. Prevailing wage rates can be found by logging on to http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
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 (submitted on or after March 1, 2015) 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 (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.
EXHIBIT 1
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CITY OF STOCKTON
INVITATION FOR SEALED BIDS
10 Department of Industrial Relations- Contractor Registration information and web link: http://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 is 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.
1.30 CONTRACTOR’S SAFETY RESPONSIBILITY
The scope of work for this project has been reviewed for special risks or hidden dangers that may be present to employees of the bidder or any subcontractor. The bidder is required to identify, notify employees, and implement special precautions to prevent injuries to employees. Additionally, the bidder is required to identify its skill, experience, and equipment in dealing with the types of risk to employees.
1.31 PROTEST POLICY
Protest and Appeal Procedures. In order to maintain fairness and impartiality, the City of Stockton has established a solicitation protest policy and procedure.
PROTEST PROCEDURE
A. All protests must be in writing and stated as a formal protest.
B. The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.
C. The solicitation process and procedures, including evaluation criteria, shall not be proper grounds for protest. Concerns related to the solicitation process and procedures, including evaluation criteria, should be raised, and addressed, if at all, prior to the bid/proposal due date and time to allow adjustments before evaluation of the solicitation. The party challenging the award decision to bear the burden of proof of material error to justify invalidation of the proposed award.
D. Protests must be filed with the City's Chief Financial Officer, or designee, not later than five (5) days after the date the City mails and or posts on the City’s Bid Flash platform, the Letter of Intent to Award.
E. Deliveries of the protest by hand, mail, email are acceptable.
F. The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines.
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11 PROTEST REVIEW
A. The Chief Financial Officer or designee shall respond in writing to material issues raised in the protest within thirty (30) days of receipt of the protest letter.
B. The Chief Financial Officer's, or designee 's, administrative decision may be appealed in writing to the City Manager no later than (5) business days after the date the Chief Financial Officer's, or designee's decision has been made.
C. The City Manager shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Chief Financial Officer, or designee.
D. Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.
E. The City Manager's administrative decision is final. After the City Manager issues the final administrative decision, the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094 or as such section may be amended from time to time.
F. If the protested procurement involves state or federal funds, the Chief Financial Officer, or designee, shall give notice to the interested party that he or she has the right to appeal to the appropriate agency, which shall be identified by name and address. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested party(ies).
G. The City may require the protesting party to submit a City Council approved non-refundable protest fee to cover the administrative cost of processing the protest.
2.0 BACKGROUND/GENERAL NATURE OF SERVICE
The City of Stockton is a Charter City incorporated in 1850. The City is the county seat of San Joaquin County and is located in California’s San Joaquin Valley, 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles and 40 miles south of Sacramento. The County is bound by Sacramento County to the north and Stanislaus County to the south. Approximately 310,000 residents live in Stockton.
The Stockton Municipal Utilities Department (MUD) manages, operates and maintains the Stockton Regional Wastewater Control Facility (RWCF). The RWCF is comprised of several treatment processes, including ponds and constructed wetlands (Figure 1). The ponds cover an area of approximately 450 acres adjacent to the RWCF on the west side of the San Joaquin river. The wetlands cover an area of approximately 135 acres to the north of the ponds.
EXHIBIT 1
125
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
12 Figure 1: RWCF Ponds and Wetlands
2.1 SCOPE OF SERVICES
The Contractor shall provide rotary-wing aerial applications of insecticide and shall furnish aircraft, aerial spraying equipment, pilot, all other labor, fuel, staging, and any other expendable items required to begin, perform and complete the aerial services of the contract. The adulticide and/or larvicide shall be provided by the City unless otherwise agreed upon.
2.2 CITY RESPONSIBILITIES
The City will provide the material and specify the application method, rate, and application area. Product to be applied is primarily adulticide, larvicide, and may occasionally include weed control spraying for pond areas as needed.
2.3 EQUIPMENT REQUIREMENTS
The following equipment requirements must be met to bid on this project.
1. Rotary-wing aircraft application platform capable of carrying a payload of a full tank of fuel and up to 500 pounds of product load. Equivalent of a Bell 206 or larger platform.
2. Application systems capable of liquid and granular spray system.
3. Aircraft must be Federal Aviation Administration (FAA) certified and comply with all requirements of 14 CFR Part 137.
4. Aircraft must be equipped with a management technology similar to AGNAV or Wingman™ GXZ aerial guidance system. The ability to receive and EXHIBIT 1
126
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
13 process onboard real-time meteorological data via an AIMMS-20 weather monitoring system is preferred.
5. Aircraft equipped with digital global positioning satellite (DGPS) guidance with gridline capabilities is preferred. If equipped, the system must have an accuracy of zero (0) to fifty (50) feet.
6. The Contractor must be prepared to provide a backup aircraft within 24 hours (24-hrs) in the event of equipment failure of the primary aircraft.
2.4 OPERATIONAL REQUIREMENTS
The following operations requirements must be met to bid on this project.
1. The Contractor must be available for operations within seventy-two hours (72 hrs) of notification by City staff (excluding FAA or other regulatory agency limitations or extenuating circumstances limiting pilot availability), weather permitting.
2. Aerial applications may be scheduled for either daytime or night time flights.
3. Aerial applications will be performed in a timely manner, preferably scheduled with a maximum of 2-hours flight time, unless approved in advance by the City.
4. Service hours are calculated as “skids-up/skids down” time within San Joaquin County. If the aircraft is originating outside San Joaquin County, then the service hours are to be calculated as flight time starting at Stockton Municipal Airport unless approved by the City.
5. The Contractor must provide personnel with the capabilities which meet or exceed safety requirements for transferring pesticides/fuel products to the aircraft in compliance with EPA (Environmental Protection Agency), state, and local agencies as well as the ability to proactively contain any challenges associated with pesticides/fuel product spills.
6. The Contractor must abide by pesticide labels for any products used under this agreement and provide documentation of equipment calibration and pesticide application flow rates upon request.
7. Equipment maintenance logs, calibrations, and records related to pesticide applications or any records on equipment used for pesticide applications shall be made available upon request.
8. A mission report must be provided to include the spray event flight path overlaid onto a map to include the snail trail of swath widths sprayed and a shaded area of the entire area sprayed. Also, the report must include the following: pilot’s name, date of application, pesticide applied, time of takeoff, time of landing, time spray-on, time spray-off, emission time, total acres sprayed, total volume sprayed, application rate, length of swath width, speed of aircraft and the average height of chemical release.
9. Pre/post-flight activities; including flow rate calibrations, pesticide loading, fueling, equipment inspections, and safety checks, will not constitute reimbursable service hours. The cost of these activities and ground EXHIBIT 1
127
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
14 loading or fueling crews and equipment should be included in the Contractor’s bid.
2.5 PILOT REQUIREMENTS
1. Pilots must have a minimum of one thousand (1,000) logged and verifiable flight hours.
2. Pilots must demonstrate a clear record of safety in the aerial application of pesticides by helicopter.
3. Pilots must possess and maintain current certification in public health and aerial categories of pest control.
4. Pilots must possess a commercial pilot’s license with helicopter rating, first or second-class medical certification, and copies of any documentation required by the FAA, State, and local agencies.
E. DELIVERABLES
A mission report must be provided after each application to include the spray event flight path overlaid onto a map to include the snail trail of swath widths sprayed and a shaded area of the entire area sprayed. Also, the report must include the following: pilot’s name, date of application, pesticide applied, time of takeoff, time of landing, time spray-on, time spray-off, emission time, total acres sprayed, total volume sprayed, application rate, length of swath width, speed of aircraft and the average height of chemical release.
EXHIBIT 1
128
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
15 3.0 BIDDER'S CHECKLIST
THIS CHECKLIST IS PROVIDED FOR YOUR CONVENIENCE ONLY. IT IS NOT REQUIRED TO BE SUBMITTED WITH BID.
Complete the following bid documents (FROM THIS PACKET ONLY SUBMIT PAGES 15 to 21, along with any illustrations/brochures):
1. Bid Documents Cover Page*
2. Cost Table for Products and Services (Recheck your math on each item extension and total column. Do not superimpose numerals on your bid forms. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid) *
3. References*
4. Bidders Agreement*
5. Non-Collusion Affidavit - Sign and notarize by jurat certificate the “Non- Collusion Affidavit” form. An “All-Purpose Acknowledgment” form will not be sufficient.
6. Any Addendum Acknowledgements. Print and sign all Addendums on the City’s website at www.stocktonca.gov/mudbid listed under the PUR 26-007 and submit with Bid response. *
Email bid to City Clerk's Office at [email protected], or deliver bid on a USB drive to City Hall, City Clerk's Office (1st floor), 425 North El Dorado Street, Stockton, CA 95202, before THURSDAY, NOVEMBER 13, 2025 AT 2:00 PM(PDT). Bid shall be marked "Bid" and indicate
HELICOPTER MOSQUITO AND VECTOR ABATEMENT SERVICES AT THE REGIONAL WASTEWATER CONTROL FACILITY, PUR 26-007.
CONTACT INFORMATION:
Information on Bid Process/Clarification/Technical Data Rajvir Sahota, Procurement Specialist I
(209) 937-8357
e-mail: [email protected]
*If not completed as required, your bid may be voided.
*DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.
*THIS FORM IS FOR YOUR INFORMATION ONLY AND DOES NOT NEED TO BE SUBMITTED WITH YOUR BID.
EXHIBIT 1
129
HELICOPTER MOSQUITO AND VECTOR ABATEMENT SERVICES AT THE REGIONAL
WASTEWATER CONTROL FACILITY
PUR 26-007
THURSDAY, NOVEMBER 13, 2025
16 BID DOCUMENTS
A) BID – HELICOPTER MOSQUITO AND VECTOR ABATEMENT SERVICES B) PUR 26-007
C) NOVEMBER 13, 2025
COMPANY NAME: _________________________________
CONTACT NAME: _________________________________
ADDRESS: _______________________________________
_____________________________________________
TELEPHONE NUMBER: ____________________________
EMAIL: __________________________________________
EXHIBIT 1
130
HELICOPTER MOSQUITO AND VECTOR ABATEMENT SERVICES AT THE REGIONAL
WASTEWATER CONTROL FACILITY
PUR 26-007
THURSDAY, NOVEMBER 13, 2025
17 COST TABLE FOR PRODUCTS AND SERVICES
Task Description Quantity Unit Price Units Total
1 Ferry time plus flight time 30 $ Hours $
2 Ground Crew Charge
(per vehicle per day)
10 $ Day $
3 Mileage Fee (if applicable) 600 $ Miles $
4 Fuel Surcharge % $
Annual Total $
5-Year Contract Total $
Fleet Aircraft Type Treatment Capabilities
(acres per hour)
Aircraft #1
Aircraft #2
Aircraft #3
Aircraft #4
Aircraft #5
PRICE ADJUSTMENTS
Annual increase not to exceed 3% for each succeeding year after the second year. In the event that the contractor experiences an increase in base price in succeeding years, the contractor shall produce evidence that they have experienced a cost increase and by what amount costs have increased.
Company Name (Please Print) Signed By
Date Name Printed
Phone Number Address
NOTE: Bidders are to mark their sealed bids to clearly indicate the content as:
1. HELICOPTER MOSQUITO AND VECTOR ABATEMENT SERVICES AT THE
REGIONAL WASTEWATER CONTROL FACILITY
2. PUR 26-007
3. THURSDAY, NOVEMBER 13, 2025
IF YOU DO NOT WISH TO BID, PLEASE RETURN YOUR BID IMMEDIATELY STATING REASON.
EXHIBIT 1
131
HELICOPTER MOSQUITO AND VECTOR ABATEMENT SERVICES AT THE REGIONAL
WASTEWATER CONTROL FACILITY
PUR 26-007
THURSDAY, NOVEMBER 13, 2025
18 REFERENCES – MUST BE SUBMITTED WITH BID
CONTRACTOR:
1. Agency/Company
Contact Name and Phone Number
Contract Period Contract Price
Scope of work completed:
2. Agency/Company
Contact Name and Phone Number
Contract Period Contract Price
Scope of work completed:
3. Agency/Company
Contact Name and Phone Number
Contract Period Contract Price
Scope of work completed:
EXHIBIT 1
132
19 BIDDER’S AGREEMENT
In submitting this bid, as herein described, the bidder agrees that:
1. They have carefully examined the specifications and all other provisions of this form and understand the meaning, intent, and requirements of same.
2. They have reviewed and understand all clarifications/questions/answers on the City’s website atwww.stocktonca.gov/mudbid
3. They will enter into written contract and furnish the item(s)/service(s) in the time specified in strict conformity with the specifications and conditions contained therein for the price quoted by the bidder on this bid.
4. The proposed price is inclusive of all freight and handling charges and includes delivery to the City of Stockton, Municipal Service Center, or if specified, to the alternate point of delivery shown in the specifications.
5. They have signed and notarized the attached Non-Collusion Affidavit form whether individual, corporate or partnership. Must be “A Jurat” notarization.
FIRM ADDRESS
SIGNED BY TITLE OR AGENCY
E-MAIL ADDRESS
NOTE: Bids are invalid which are unsigned. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid. Bids shall be emailed or delivered to:
[email protected]
On or before 2:00 p.m. THURSDAY, NOVEMBER 13, 2025, and publicly opened immediately thereafter in the City Council Chambers.
EXHIBIT 1
133
20 NON-COLLUSION
No. 1 AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA, )ss.
County of )
(insert)
being first duly sworn, deposes and says:
That on behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder. _____________________________________________________
(Signature Individual Bidder)
Subscribed and sworn to (or affirmed) before me on this day of , 20
by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal ___________________________________________________ Signature ___________________________________________________ No. 2 AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA, )ss.
County of )
(insert)
being first duly sworn,
deposes and
says: That they are the of a
corporation, which corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.
(Signature Corporation Bidder)
Subscribed and sworn to (or affirmed) before me on this day of , 20
by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal _______________________________________________
Signature _______________________________________________ EXHIBIT 1
134
21 No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP STATE OF CALIFORNIA, )ss.
County of )
(insert)
,
each being first duly sworn, depose and say: That they are a member of the firm, association or copartnership, designated as who is the party making the foregoing bid; that the other
partner, or partners, are that such
bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder. (Signature)
(Signature)
Subscribed and sworn to (or affirmed) before me on this day of , 20
by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal ____________________________________________________ Signature ___________________________________________________ EXHIBIT 1
135
(Version 9.22.21) 1
INVITATION FOR SEALED BID (IFB)
PUR 26-007 HELICOPTER MPSQUITO AND VECTOR ABATEMENT SERVICES AT
THE REGIONAL WASTEWATER CONTROL FACILITY
FOR THE CITY OF STOCKTON, CALIFORNIA
ADDENDUM No. 1 DATE: October 02, 2025
To All Potential Bidders:
A. This Addendum shall be considered part of the bid documents for the above-mentioned project as though it had been issued at the same time and shall be incorporated integrally therewith. Where provisions of the following supplementary data differ from those of the original bid documents, this Amendment shall govern and take precedence. BIDDERS MUST SIGN THE ADDENDUM AND SUBMIT IT WITH THEIR BIDS.
B. Bidders are hereby notified that they shall make any necessary adjustments in their estimates as a result of this Addendum. It will be construed that each bidder’s bid is submitted with full knowledge of all modifications and supplemental data specified herein.
ADDENDUM NUMBER:
1. CLARIFICATION. THE CITY’S RESPONSES TO QUESTIONS SUBMITTED ARE IN BLUE.
Solicitation Clarification
1. Clarification to Section 1.28 JOB WALK and NOTICE INVITING SEALED BIDS:
Solicitation reads as “A non-mandatory job walk will be held on Tuesday, October 7 at 9:00 am promptly at 2500 Navy Drive. Late arrivals will not be admitted. Failure to attend will result in your bid being rejected.”
Shall read as, “A non-mandatory job walk will be held on Tuesday, October 7 at 9:00 am promptly at 2500 Navy Drive.”
BIDDER MUST ACKNOWLEDGE THIS ADDENDUM BY SIGNING BELOW AND ATTACHING THE SIGNED ADDENDUM TO THE BID FORM:
Company Name
Contact Person
Signature
Date
Bids Due – Promptly by 2:00 P.M., Thursday, NOVEMBER 13, 2025 at [email protected]
----------------------------------City of Stockton Use Only below this line--------------------------------- Addendum acknowledged and signed? (Procurement Specialist’s initials) EXHIBIT 1
136
STANDARD AGREEMENT
CITY OF STOCKTON
STANDARD AGREEMENT Agreement Number:
1. This Agreement is entered into between the City of Stockton ("City") and Ag-Air, Inc. ("Contractor") to provide Helicopter Aerial Mosquito & Vector Control 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: March 1, 2026 Terminates on: February 28, 2031
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: � 343,000.00 I
4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A - Statement of Work
(b) Exhibit B - Insurance
(c) Exhibit C- General Terms and Conditions
(d) Exhibit D- Goods and Services Special Terms & Conditions (e) Exhibit E- Compensation Schedule
(f) Exhibit F - Timeline
(g) Exhibit G - Discrimination and Harassment Policy (HR-15) (h) Exhibit H - Bid Documents
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.
CONTRACTOR
h an an individual, state whether a corporation, partnership, etc.):
· orized Signa i.Jre
·� l- - s
Date
Brent Alger, Owner/President
Printed Name and Title of Person Signing
5420 Dodds Road, Oakdale, CA 95361
Address
CITY OF STOCKTON
Johnny Ford, City Manager
ATTEST:
Katherine Roland CMC, CPMC, City Clerk
APPROVED AS TO FORM:
Taryn N. Jones, Acting City Attorney
BY:
1 Date
(Rev. 11.18.25) Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
137
1 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1. PROJECT OBJECTIVES
The Contractor shall provide a rotary-wing aerial application of insecticide and shall furnish aircraft, aerial spraying equipment, pilot, all other labor, fuel, staging, and any other expendable items required to begin, perform, and complete the aerial services of the contract. Adulticide and/or larvicide shall be provided by the City unless otherwise agreed upon. The City currently purchases VectoBac GS from Adapco, which is a granular product.
The City will provide the material and specify the application method, rate, and application area. The product to be applied is primarily adulticide, larvicide, and may occasionally include weed control spraying for pond areas as needed.
2. EQUIPMENT REQUIREMENTS
2.1. Rotary-wing aircraft application platform capable of carrying a payload of a full tank of fuel and up to 500 pounds of product load. Equivalent of a Bell 206 or larger platform.
2.2. Application systems capable of liquid and granular spray system.
2.3. Aircraft must be Federal Aviation Administration (FAA) certified and comply with all requirements of 14 CFR Part 137.
2.4. Aircraft must be equipped with a management technology similar to AGNAV or Wingman™ GXZ aerial guidance system. The ability to receive and process onboard realtime meteorological data via an AIMMS-20 weather monitoring system is preferred.
2.5. Aircraft equipped with digital global positioning satellite (DGPS) guidance with gridline capabilities is preferred. If equipped, the system must have an accuracy of zero (0) to fifty (50) feet.
2.6. The Contractor must be prepared to provide a backup aircraft within 24 hours (24- hrs) in the event of equipment failure of the primary aircraft.
3. OPERATIONAL REQUIREMENTS
3.1. The Contractor must be available for operations within seventy-two hours (72 hrs) of notification by City staff (excluding FAA or other regulatory agency limitations or extenuating circumstances limiting pilot availability), weather permitting.
3.2. Aerial applications may be scheduled for either daytime or night time flights.
3.3. Aerial applications must be performed in a timely manner.
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2EXHIBIT 2
138
2 (Rev. 10.30.18)
3.4. The Contractor must provide personnel with the capabilities which meet or exceed safety requirements for transferring pesticides/fuel products to the aircraft in compliance with EPA, state, and local agencies as well as the ability to proactively contain any challenges associated with pesticides/fuel product spills.
3.5. The Contractor must abide by pesticide labels for any products used under this agreement and provide documentation of equipment calibration and pesticide application flow rates upon request.
3.6. Records related to pesticide applications or any records on equipment used for pesticide applications shall be made available upon request.
3.7. A mission report must be provided to include the spray event flight path overlaid onto a map to include the snail trail of swath widths sprayed and a shaded area of the entire area sprayed. Also, the report must include the following: pilot’s name, date of application, pesticide applied, time of takeoff, time of landing, time spray-on, time sprayoff, total acres sprayed, total volume sprayed, application rate, length of swath width, speed of aircraft and the average height of chemical release.
3.8. Pre/post-flight activities; including flow rate calibrations, pesticide loading, fueling, equipment inspections, and safety checks, constitute reimbursable service hours.
4. PILOT REQUIREMENTS
4.1. Pilots must have a minimum of one thousand (1,000) logged and verifiable flight hours.
4.2. Pilots must demonstrate a clear record of safety in the aerial application of pesticides by helicopter.
4.3. Pilots must possess and maintain current certification in public health and aerial categories of pest control.
4.4. Pilots must possess a commercial pilot’s license with helicopter rating, first or second-class medical certification, and copies of any documentation required by the FAA, State, and local agencies.
5. NOTICES
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Ag Air, Inc. City: City of Stockton
Attn: Brent Alger Attn: City Manager
5420 Dodds Road 425 N. El Dorado Street
Oakdale, CA 95361 Stockton, CA 95202
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
139
1 (Rev. 10.30.18)
Exhibit B:
Insurance Requirements
(Aerial Mosquito Abatement Service)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Aviation Liability Insurance: on an “occurrence” basis, including products and completed operations, property damage, bodily injury with limits no less than $1,000,000 per occurrence, $2,000,000 in the aggregate, with at least $500,000 per passenger coverage.
2. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
3. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $1,000,000 per accident for bodily injury and property damage.
4. 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. Contractors 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.
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 Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
140
2 (Rev. 10.30.18)
and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
141
3 (Rev. 10.30.18)
insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
142
4 (Rev. 10.30.18)
whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a Contract for Helicopter Aerial Mosquito and Vector Control
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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 special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
425 N El Dorado Street
Stockton, CA 95202
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EXHIBIT C
GENERAL TERMS AND CONDITIONS
1. Goods, Equipment and Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide to City the services described in Exhibit A of the Agreement. Contractor shall provide said services at the time, place and in the manner specified in Exhibit A of the Agreement.
2. City Assistance, Facilities, Equipment and Clerical Support. Except as set forth in Exhibit A, Contractor shall, at its sole cost and expense, furnish and maintain all facilities and equipment that may be required for furnishing services pursuant to this Agreement. If applicable, City shall furnish to Contractor only the facilities and equipment listed in Exhibit A to the Agreement.
3. Compensation. City shall pay Contractor for services rendered pursuant to this Agreement as described more particularly in Exhibit A and Exhibit E to the Agreement.
3.1 Invoices submitted by Contractor to City must contain a brief description of work performed, time spent and City reference number. Within thirty (30) days of receipt of Contractor’s invoice, City will review invoice, and if acceptable make payment on approved invoice.
3.2 Upon completion of work and acceptance by City, Contractor shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. The City shall have no obligation or liability to pay any invoice for work performed which the Contractor fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after the work is accepted by the City.
4. Sufficiency of Contractor’s Work. All Contractor services, work, and deliverables shall be performed in a good and workmanlike manner with due diligence in accordance with the degree of skill normally exercised by similar contractors supplying services and work of a similar nature, and in conformance with applicable laws, codes and professional standards. Contractor’s work shall be adequate and sufficient to meet the purposes of this Agreement.
5. Ownership of Work. All reports, work product, all other documents completed or partially completed by Contractor or its approved subcontractors, in performance of this Agreement, and if applicable, drawings, designs, and plan review comments shall become the property of the City. Any and all copyrightable subject matter in all materials is hereby assigned to the City and the Contractor and its approved subcontractors agree to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Agreement. If any materials are lost, damaged or destroyed before final delivery to the City, the Contractor shall replace them at its own expense. Contractor Contract for Helicopter Aerial Mosquito and Vector Control
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and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than performance of services under this Agreement and shall not be disclosed to anyone not connected with these services, unless the City provides prior written consent.
6. Timeliness. Time is of the essence in this Agreement. Further, Contractor acknowledges that the failure of Contractor to comply with the time limits described in Exhibit A and Exhibit F may result in economic or other losses to the City.
7. Changes. Both parties to this Agreement understand that it may become desirable or necessary during the term of this Agreement for City to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original contract prior to the performance of the additional work. Until the amendment is so executed, City will not be responsible to pay any charges Contractor may incur in performing such additional services, and Contractor shall not be required to perform any such additional services.
8. Amendment. No variation of the terms of this Agreement shall be valid unless an amendment is made in writing and signed by both parties.
9. Contractor’s Status.
9.1 In performing the obligations set forth in this Agreement, Contractor shall have the status of an independent contractor and Contractor shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Contractor are its agents and employees and are not agents or employees of City.
Contractor by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer or employee of the City is to be considered an employee of the Contractor. It is understood by both Contractor and City that this Agreement shall not be construed or considered under any circumstances to create an employer-employee relationship or a joint venture.
9.2 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's 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.
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9.3 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages, working conditions, discipline, hiring and discharging or any other term of employment or requirements of law shall be determined by the Contractor.
9.4 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Contractor's assigned personnel under the terms and conditions of this Agreement.
10. Subcontractor.
10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with City. Contractor shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Agreement. Subcontractors will be provided with a copy of the Agreement and be bound by its terms. Contractor is responsible to City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
10.2 If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.
10.3 It is further understood and agreed that all Subcontractors must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Subcontractors personnel.
11. Termination.
11.1 Termination for Convenience of City. The City may terminate this Agreement at any time by mailing a notice in writing to Contractor. The Agreement shall then be deemed terminated, and no further work shall be performed by Contractor. If the Agreement is so terminated, the Contractor shall be paid for the work actually completed at the time the notice of termination is received.
11.2 Should either party default in the performance of this Agreement or materially breach any of its provisions, the other party, at that party’s option, may terminate this Agreement by giving written notification to the other party.
11.3 Funding- Non-Appropriation. It is mutually understood between the Parties that payment to the Contractor for performance shall be dependent upon the availability of appropriations by the City Council for the purposes of this Agreement. No legal liability on the part of the City for any payment may arise under this Agreement until funds are made available and until the Contractor has received funding availability, which will be Contract for Helicopter Aerial Mosquito and Vector Control
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confirmed in writing. If funding for any fiscal year is reduced or deleted, or if the City loses funding for any reason, the City, in its sole discretion, shall have the option to either (a) cause this Agreement to be canceled or terminated pursuant to applicable provisions of the Agreement; or (b) offer to amend the Agreement to reflect the reduced funding for this Agreement.
12. Non-Assignability. The Contractor shall not assign, sublet, or transfer this Agreement or any interest or obligation in the Agreement without the prior written consent of the City, and then only upon such terms and conditions as City may set forth in writing.
Contractor shall be solely responsible for reimbursing subcontractors.
13. Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
14. Insurance. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit B to this Agreement and shall otherwise comply with the other provisions of Exhibit B to this Agreement.
15. Notices. All notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed in Exhibit A to this Agreement.
16. Conformance to Applicable Laws. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Agreement on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
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 Contract for Helicopter Aerial Mosquito and Vector Control
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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.
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 Contract for Helicopter Aerial Mosquito and Vector Control
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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.
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.
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31.2 All Exhibits to this Agreement and this Agreement are intended to be construed as a single document.
32. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.
33. Authority. The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
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EXHIBIT D
GOODS AND SERVICES TERMS AND CONDITIONS
1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:
1.1 "Services" means, collectively, the services, duties and responsibilities described in Exhibit A of this Agreement and any and all work necessary to complete them or carry them out fully and to the standard of performance required in this Agreement.
1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.
2. General. The following terms and conditions are applicable for the purchase of goods and services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.
2.1 Where any portion of the GTC is in conflict to or at variance with any provisions of the Special Conditions of the Agreement, then unless a different intention stated, the provision(s) of the Special Conditions of the Agreement shall be deemed to override the provision(s) of GTC only to the extent that such conflict or variations in the Special Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.
2.2 In the case of modification of a part or provision of the GTC, the unaltered part or provision, or both shall remain in effect. The Special Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC.
3. Time for Performance.
3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.
3.1 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.
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4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:
4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state, and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration, or other similar requirement throughout the term of this Agreement.
4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.
4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance, or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.
5. Compensation
5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:
5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided Contract for Helicopter Aerial Mosquito and Vector Control
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that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6. Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters are covered by this Agreement as specified in Exhibit A and Exhibit E.
7. Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
8. Right of Inspection
All Deliverables furnished by Contractor must be as specified in Exhibit A and will be subject to inspection and approval of City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, Deliverable will be held for disposition at the expense and risk of Contractor. Payment for Deliverable prior to inspection shall not constitute acceptance of the Deliverable.
9. Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of Deliverable and Contract for Helicopter Aerial Mosquito and Vector Control
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shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore.
10. Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, Deliverable delivered by Contractor shall become the exclusive property of City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to City or shall dispose of this property only according to City’s instruction.
11. Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
12. Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.
CONTRACTOR REGISTRATION REQUIREMENTS- Pursuant to Labor Code Section 1771.1(a): A Contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. It is not a violation of this section for an unregistered Contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the Contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
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No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial Relations- Contractor Registration information and web link: https://www.dir.ca.gov/public-works/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.
This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.
13. Shipping Terms
City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date specified in the Agreement.
Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately.
City reserves the right to refuse, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.
14. Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere.
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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 $343,000 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.
1.2 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached. Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.
1.3 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved.
2. Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.
Task Description Task Price Quantity Units Total
1 Ferry time plus flight time $1,800.00 30 Hours $54,000.00 2 Ground crew charge (per
vehicle per day) $350.00 10 Day $3,500.00
3 Mileage fee $2.75 600 Miles $1,650.00
4 Fuel Surcharge 10% $5,915.00
TOTAL ANNUAL PRICE $65,065.00
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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 address below:
City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
E-Mail: [email protected]
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
159
1 (Rev 10.30.18)
EXHIBIT F
TIMELINE
INTENTIONALLY LEFT BLANK
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
160
EXHIBIT G – DISCRIMINATION AND HARASSMENT POLICY (HR-15) Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
161
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
162
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
163
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
164
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
165
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
166
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
167
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
168
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
169
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
170
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
171
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
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Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
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Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
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EXHIBIT H - BID DOCUMENTS
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
175
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
176
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
177
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
178
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
179
Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
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Contract for Helicopter Aerial Mosquito and Vector Control
EXHIBIT 2
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City of Stockton
Legislation Text
File #: 26-0042, Version: 1
ADOPT A RESOLUTION TO AUTHORIZE A CONTRACT WITH JAYNE PRODUCTS TO
PURCHASE CHEMICALS TO INHIBIT AND REMOVE STRUVITE AT THE REGIONAL
WASTEWATER CONTROL FACILITY
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve the Specifications and Addenda for the Struvite Control Non-Hazardous Mineral Inhibitor and/or Removal Additives, PUR 26-012 (Exhibit 1 to the Resolution).
2. Authorize a five-year contract with Jayne Products of Carson, California, to purchase chemicals to inhibit and remove struvite at the Regional Wastewater Control Facility for a total not-to-exceed contract amount of $816,500 (Exhibit 2 to the Resolution).
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
MUD staff manages, operates, and maintains the Regional Wastewater Control Facility (RWCF), where wastewater from the City of Stockton, special districts outside the City, and certain areas in San Joaquin County is treated to meet all state and federal requirements prior to discharge into the San Joaquin River.
The wastewater treatment dewatering process at time can create a crystalline mineral called struvite.
Struvite build-up can cause blockages in pipes and requires a chemical treatment to inhibit its production.
Staff recommend awarding a five-year contract for a not-to-exceed amount of $816,500 to purchase chemicals to Jayne Products of Carson, California to remove and inhibit the development of struvite at the RWCF.
DISCUSSION
Background
MUD staff manages, operates, and maintains the RWCF, where wastewater from the City of Stockton, special districts outside the City, and certain areas in San Joaquin County is treated to meet all state and federal requirements prior to discharge into the San Joaquin River.
City of Stockton Page 1 of 2 Printed on 2/12/2026
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File #: 26-0042, Version: 1
A part of the treatment process is the separation of solids or sludge from wastewater through a dewatering process. The dewatering process can at times create a chemical compound called Struvite, which is a crystalline mineral made up of magnesium, ammonium, and phosphate that can build-up and block the flow of water in pipes at the RWCF. Chemical treatment with low pH inorganic/organic salt solution products is used to prevent the formation of struvite or to remove existing struvite from pipes by dosing appropriate chemical additives.
Present Situation
MUD staff publicly advertised an Invitation to Bid on September 29, 2025, in the Legal Notice Section of The Record and on the City’s Bid Flash webpage. Additionally, the bid specifications were sent to prospective bidders via Ask Stockton.
On Thursday, November 13, 2025, the City received two sealed bids:
Company Location Struvite
Inhibitor
Struvite
Remover
Estimated
Annual Cost
Polydyne Inc. Oakdale, California $17.36/gallon No bid $224,798 Jayne Products Carson, California $9.00/gallon $9.00/gallon $155,390 The bid submitted by Jayne Products is regular in all respects and meets the City’s requirements.
The bid allows for a maximum 3% increase for each succeeding year, providing there is evidence of a cost increase and the amount of that increase.
Staff recommends that the City Council approve the proposed contract for the purchase and delivery of up to 990 gallons of struvite inhibitor per month and up to 990 gallons of struvite remover delivered up to four times per year. Both products are a commercial alternative that is biodegradable, less hazardous, non-corrosive and safe for MUD operations personnel.
FINANCIAL SUMMARY
There is sufficient budget in the Wastewater Operations account for the remainder of FY 2025-26.
The first full year of the contract is $155,390. Funds for future years will be budgeted in the same account and presented to the City Council for approval during the annual budgeting process.
This action has no impact on the General Fund or any other unrestricted funds.
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Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING A CONTRACT WITH JAYNE PRODUCTS FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $816,500 TO PURCHASE STRUVITE INHIBITOR AND
REMOVAL PRODUCTS AT THE REGIONAL WASTEWATER CONTROL FACILITY The Stockton Municipal Utilities Department (MUD) manages, operates, and maintains the Stockton Regional Wastewater Control Facility, which is comprised of several treatment processes, including several anaerobic digesters and a centrifuge biosolids dewatering process which includes pipes, tanks, pumps, valves, and mixers; and The dewatering process can create struvite, a crystalline mineral that causes build-up and blocks pipes. Chemical treatment is used to prevent the formation of struvite or to remove existing struvite from pipes by dosing appropriate chemical additives; and On September 29, 2025, an Invitation to Bid was publicly advertised in the Legal Notice Section of The Record and on the City’s Bid Flash webpage. Additionally, the specifications were sent to prospective bidders via Ask Stockton; and
On Thursday, November 13, 2025, the City Clerk received two sealed bids; and The bid submitted by Jayne Products, of Carson, California, was regular in all aspects; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The Specifications and Addenda are approved for Struvite Control Nonhazardous Mineral Inhibitor and/or Removal Additives at the Regional Wastewater Control Facility, PUR 26-012 (Exhibit 1 to the Resolution).
2. A five-year contract with Jayne Products of Carson, California, is hereby authorized for the purchase of struvite inhibitor and removal chemicals at the Regional Wastewater Control Facility for a total not-to-exceed contract amount of $816,500 (Exhibit 2 to the Resolution).
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184
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 February 17, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
185
BIDS WILL BE RECEIVED UNTIL THE HOUR OF
2:00 PM PST, Thursday, November 13, 2025,
ELECTRONICALLY AT [email protected]
REQUEST FOR SEALED BIDS
STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR REMOVAL ADDITIVES
FOR THE CITY OF STOCKTON, CALIFORNIA
PUR 26-012
EXHIBIT 1
186
INVITATION FOR SEALED BID
STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR
REMOVAL ADDITIVES
PUR 26-012
i
IFB INFORMATION
Contact Orlathai Chanachai-Chum
Email Address [email protected]
MANDATORY/ NONMANDATORY On-Site
Meeting
There will be no on-site meeting.
Due Date for Questions
and Clarifications
October 23, 2025; 2:00 PM PST
Due Date for Response
to
Questions/Clarifications
October 30, 2025
IFB Submittal
Electronic Mail or on a
USB
[email protected] or
Office of the City Clerk, City Hall, 425
North El Dorado Street, Stockton,
California
IFB Submittal Due Date
& Time
Thursday, November 13, 2025; 2:00 PM
PST
Proposal shall be electronically
delivered to the email address above at
or before the hour stated or by mail or
in person on a USB to the address
above at or before the hour stated.
Proposals arriving after the opening
deadline will not be accepted.
Anticipated Date for
Council Approval
January 27, 2026
EXHIBIT 1
187
INVITATION FOR SEALED BID
STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR
REMOVAL ADDITIVES
PUR 26-012
ii
Table of Contents
1.0 GENERAL INFORMATION.................................................................. 2
1.1 REQUEST FOR SEALED BID .................................................................................. 2
1.2 INVITATION TO SUBMIT A BID............................................................................... 2
1.3 LOCAL BUSINESS PREFERENCE......................................................................... 2
1.4 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS........................... 2
1.5 CONSEQUENCE OF SUBMISSION OF BID......................................................... 2
1.6 EXAMINATION OF BID MATERIALS...................................................................... 3
1.7 ADDENDA AND INTERPRETATION....................................................................... 3
1.8 DISQUALIFICATION .................................................................................................. 3
1.9 BID REJECTED........................................................................................................... 4
1.10 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED ..... 4
1.11 LICENSING REQUIREMENTS................................................................................. 4
1.12 INSURANCE REQUIREMENTS............................................................................... 4
1.13 HOLD HARMLESS ..................................................................................................... 5
1.14 APPLICABLE LAW ..................................................................................................... 5
1.15 METHOD OF PAYMENT ........................................................................................... 6
1.16 NOTICE TO OUT-OF-STATE VENDOR................................................................. 6
1.17 TERM ............................................................................................................................ 6
1.18 COMPETITIVE PRICING........................................................................................... 6
1.19 FUNDING ..................................................................................................................... 7
1.20 UNCONDITIONAL TERMINATION FOR CONVENIENCE.................................. 7
1.21 AUDITING OF CHARGES & SERVICES................................................................ 7
1.22 BID SECURITY............................................................................................................ 7
1.23 CONTRACT BONDS.................................................................................................. 8
1.24 AWARD......................................................................................................................... 8
1.25 CHANGES.................................................................................................................... 9
1.26 OTHER GOVERNMENTAL AGENCIES ................................................................. 9
1.27 CONFIDENTIALITY.................................................................................................... 9
1.28 JOB WALK ................................................................................................................... 9 EXHIBIT 1
188
INVITATION FOR SEALED BID
STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR
REMOVAL ADDITIVES
PUR 26-012
iii
1.29 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR
REGISTRATION REQUIREMENTS...................................................................................... 9
1.30 CONTRACTOR’S SAFETY RESPONSIBILITY ................................................... 10
1.31 Protest Policy ............................................................................................................. 10
2.0 BACKGROUND/GENERAL NATURE OF SPECIFICATION......................11
2.1 SPECIFICATIONS .................................................................................................... 12
2.2 CITY RESPONSIBILITIES....................................................................................... 13
3.0 BIDDER'S CHECKLIST ..............................................................................14 BID DOCUMENTS ................................................................................................................. 15 COST TABLE FOR PRODUCTS AND SERVICES .......................................................... 16 BIDDER’S AGREEMENT...................................................................................................... 17 NON-COLLUSION.................................................................................................................. 18 EXHIBIT 1 – INSURANCE REQUIREMENTS....................................................20 EXHIBIT 2 – SAMPLE CONTRACT...................................................................25 EXHIBIT 1
189
1 NOTICE INVITING SEALED BIDS
NOTICE IS HEREBY GIVEN that sealed bids are invited by the City of Stockton, California for specifications for PUR 26-012 STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR REMOVAL ADDITIVES in strict accordance with the specifications.
The City of Stockton is seeking competitive bids from qualified vendors interested in a multi-year contract to provide the City with non-hazardous mineral inhibitor and/or removal additives to treat the formation of struvite at the Regional Wastewater Control facility.
The bid specifications and forms can be obtained from the City of Stockton’s website at www.stocktonca.gov/mudbid and must be electronically delivered to [email protected] or on a USB drive to the Office of the City Clerk, City Hall, 425 North El Dorado Street, Stockton, California, up to but not later than 2:00 pm (PST) on Thursday, November 13, 2025.
The City reserves the right to reject any and/or all bids received.
Information on Bid Process/Clarification/Technical Data Orlathai Chanachai-Chum, Procurement Division
(209) 937-8357
e-mail: [email protected]
DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.
Dated: September 29, 2025
KATHERINE ROLAND, CMC, CPMC, CITY CLERK
CITY OF STOCKTON
EXHIBIT 1
190
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
2 1.0 GENERAL INFORMATION
1.1 REQUEST FOR SEALED BID
The purpose of this sealed bid is to request bidders to present their qualifications and capabilities to provide STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR REMOVAL ADDITIVES PUR 26-012 for the City of Stockton.
1.2 INVITATION TO SUBMIT A BID
Bids shall be submitted no later than 2:00 pm (PST), on Thursday, November 13, 2025.
The bid should be identified in the Subject of "STRUVITE CONTROL – NONHAZARDOUS MINERAL INHIBITOR AND/OR REMOVAL ADDITIVES” for the City of Stockton PUR 26-012. Any bid received after the due date and time indicated will not be accepted and will be deemed rejected and returned, unopened, to the bidder.
1.3 LOCAL BUSINESS PREFERENCE
Stockton Municipal Code Section 3.68.090 reads as follows:
Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal. Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted two (2) percent bid preference. Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted five (5) percent bid preference. This section is intended to provide preference in the award of certain City contracts in order to encourage businesses to move into and expand within the City. (Ord. 2014-03- 18-1601 C.S. § 1; prior code § 3-106.1)
1.4 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS
Bidders must comply with City of Stockton Municipal Code (SMC) Section
3.68.095, Ordinance No. 011-09 adopted Sept. 1, 2009, effective Oct. 1, 2009.
1.5 CONSEQUENCE OF SUBMISSION OF BID
A. The City shall not be obligated to respond to any bid submitted nor be legally bound in any manner by the submission of a bid.
B. Acceptance by the City of a bid obligates the bidder to enter into a contract with the City.
EXHIBIT 1
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CITY OF STOCKTON
INVITATION FOR SEALED BIDS
3 C. A contract shall not be binding or valid against the City unless or until it is executed by the City and the bidder.
D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data. City reserves the right to increase or decrease the project scope.
1.6 EXAMINATION OF BID MATERIALS
The submission of a bid shall be deemed a representation and warranty by the bidder that it has investigated all aspects of the bid, that it is aware of the applicable facts pertaining to the bid process and its procedures and requirements, and that it has read and understands the bid. No request for modification of the provisions of the bid shall be considered after its submission on the grounds the bidder was not fully informed as to any fact or condition. Statistical information which may be contained in the bid or any addendum thereto is for informational purposes only.
The City disclaims any responsibility for this information which may subsequently be determined to be incomplete or inaccurate.
1.7 ADDENDA AND INTERPRETATION
The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications/questions/answers of a bid shall be made in writing/email and deliverable to:
CITY OF STOCKTON
ATTN: ORLATHAI CHANACHAI-CHUM
PROCUREMENT DIVISION
425 NORTH EL DORADO STREET
STOCKTON, CA 95202-1997
[email protected]
Such request for clarification shall be delivered to the City by 2:00 pm (PST) on Thursday, October 23, 2025. Any City response to a request for clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/mudbid by Thursday, October 30, 2025, and will become a part of the bid addendum. The bidder should await responses to inquires prior to submitting a bid.
1.8 DISQUALIFICATION
Any of the following may be considered cause to disqualify a bidder without further consideration:
A. Evidence of collusion among bidders;
B. Any attempt to improperly influence any member of the evaluation panel; EXHIBIT 1
192
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
4 C. Any attempt to communicate in any manner with a City of Stockton elected official during the bid process will, and shall be, just cause for disqualification/rejection of bidder’s bid submittal and considered nonresponsive.
D. A bidder's default in any operation of a contract which resulted in termination of that contract; and/or
E. Existence of any lawsuit, unresolved contractual claim, or dispute between bidder and the City.
F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.
1.9 BID REJECTED
A bid shall be prepared and submitted in accordance with the provisions of these bid instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a bid may be sufficient grounds for rejection of the bid. The City has the right to waive any defects in a bid if the City chooses to do so. The City may not accept a bid if:
A. Any of the bid forms are left blank or are materially altered; B. Any document or item necessary for the proper evaluation of the bid is incomplete, improperly executed, indefinite, ambiguous, or missing.
1.10 CONDITIONS TO BE ACCEPTED IF ANY WORK IS SUBCONTRACTED A. This work may not be subcontracted.
1.11 LICENSING REQUIREMENTS
Any professional certifications or licenses that may be required will be the sole cost and responsibility of the successful bidder.
Bidders must possess special licensing requirements, if applicable, to perform the work specified within these documents.
A City of Stockton Business license will be required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.
1.12 INSURANCE REQUIREMENTS
Bidder, at Bidder's sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the EXHIBIT 1
193
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
5 insurance requirements listed in attached Exhibit 1 (or Exhibit B of the sample contract).
All coverage shall be provided by a carrier authorized to transact business in California and shall be primary. All policies, endorsements, and certificates shall be subject to approval by the Risk Manager of the City to Stockton as to form and content. These requirements are subject to amendment or waiver if so approved in writing by the Risk Manager.
Maintenance of proper insurance coverage is a material element of this contract, and failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.
The Bidder shall assert that these insurance requirements will be met as part of their proposal response. Failure to comply with these insurance requirements may result in a proposal being deemed unresponsive. Bidder shall satisfy these insurance requirements concurrently with the signing of the contract prior to commencement of work. It is strongly suggested that insurance requirements be reviewed with Bidder’s broker to ensure any additional costs are included in the proposal pricing component.
Any questions pertaining to insurance requirements, please contact City of Stockton Risk Services at (209) 937-5037.
1.13 HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in 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.
1.14 APPLICABLE LAW
Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, County of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.
Deliverables must conform with all applicable federal, state, and local laws. Such conformity includes compliance with federal sanctions, and Contractor certifies that it has not and will not engage in prohibited transactions with sanctioned persons or entities.
EXHIBIT 1
194
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
6 1.15 METHOD OF PAYMENT
Payment will be made within thirty (30) days after invoices are received and accepted by the City. Invoices are to be rendered monthly.
The following information must be provided on the invoice for each shipment delivered.
1. Order date, time and person placing order
2. Delivery date and time
3. Liquid pounds of chemical delivered
4. Total solids concentration of chemical delivered
5. Dry pounds of chemical delivered
6. Unit price of chemical
7. Total charge for chemical delivery
8. Contract Number
Invoices are to be emailed directly to [email protected]
1.16 NOTICE TO OUT-OF-STATE VENDOR
The City of Stockton will pay all applicable sales/use tax directly to the State of California for this purchase.
It is the policy of the City of Stockton to pay all applicable California sales/use tax directly to the State Board of Equalization (BOE) pursuant to California Revenue and Taxation Code 7051.3. The City of Stockton will self-accrue all sales/use tax on purchases made from out-of-state vendors.
Sales and use tax on purchases made by the City of Stockton from all companies located outside California and whose products are shipped from out of state will be remitted to the BOE directly by the City under permit number SR KHE 28- 051174 DP. Please do not include sales/use tax on the invoice that you submit to the City of Stockton.
Questions regarding the City of Stockton’s payment of sales/use tax can be directed to the City of Stockton’s Procurement Division at (209) 937-8357.
1.17 TERM
The City plans to establish an initial (2) year contract with one (3) year renewal.
1.18 COMPETITIVE PRICING
Bidder warrants and agrees that each of the charges, economic or product terms or warranties granted pursuant to this Contract are comparable to or better than the equivalent charge, economic or product term or warranty being offered to any similarly situated commercial or other government customer of bidder. If bidder enters into any arrangements with another customer of bidder to provide product under more favorable charges, economic or product terms or warranties, bidder EXHIBIT 1
195
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
7 shall immediately notify CITY of such change and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.
1.19 FUNDING
Any contract which results from this bid will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will terminate without penalty, at the end of the term for which funds are appropriated.
1.20 UNCONDITIONAL TERMINATION FOR CONVENIENCE
The City may terminate the resultant contract for convenience by providing a sixty (60) calendar day advance notice unless otherwise stated in writing.
1.21 AUDITING OF CHARGES & SERVICES
The City reserves the right to periodically audit all charges and services made by the bidder to the City for services provided under the contract. Upon request, the bidder agrees to furnish the City with necessary information and assistance.
1.22 BID SECURITY
Every bid offered shall be accompanied by an acceptable financial instrument (bidder’s bond, certified or cashier’s check) in favor of and payable at sight to the City of Stockton for an amount not less than $0.00 or a bidder's bond executed by a surety authorized by the Insurance Commissioner to transact business of insurance in the State of California, made out in favor of the CITY OF STOCKTON for an amount not less than $0.00 and no bid shall be considered unless accompanied by such certified or cashier’s check or bidder's bond.
If bidder elects to accompany their bid with a bidder's bond, then said bond shall state on its face that, "in the event the person, firm, or corporation is awarded the contract and the said bidder shall fail, neglect, or refuse to enter into a contract to said equipment or materials, then the amount therein mentioned in the bidder's bond accompanying the bid of said person, firm, or corporation shall be declared to be forfeited to the City."
In the event that the person, firm, or corporation to whom said contract may be awarded fails, neglects, or refuses to enter into contract to furnish said equipment, materials or services, as hereinbefore provided within thirty (30) days of award, then the cashier's check, or certified check and the amount therein mentioned, accompanying the bid of said person, firm, or corporation, shall be declared to be forfeited to said City; or, if non-complying bidder has accompanied their bid with a bidder's bond, appropriate legal action to collect the bidder's bond, shall be undertaken.
As information, the City will NOT accept company or personal checks for bid security.
EXHIBIT 1
196
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
8 1.23 CONTRACT BONDS
The successful bidder will be required to furnish the City of Stockton with a Faithful Performance Bond in the amount of $0.00 or % and shall be furnished concurrently with the signing of the contract.
The surety which provides the bond(s) must be authorized by the Insurance Commissioner to transact business of insurance in the State of California.
Said bonds shall be executed by the surety and contractor concurrently with the signing of the contract. The form of said bonds must be approved by the appropriate City departments.
All alterations, extension of time, extra and additional work, and other changes authorized by these specifications or any part of the contract shall be made without securing the consent of the surety or sureties on the contract bonds.
1.24 AWARD
Upon conclusion of the bid process, a contract may be awarded for PUR 26-012 STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR REMOVAL ADDITIVES for the City of Stockton.
The City reserves the right to make an award on any item, quantity of any item, group of items, or in the aggregate to that/those bidder(s) whose bid(s) is/are most responsive to the needs of the City. Further, the City reserves the right to reject any and all bids, or alternate bids, or waive any informality in the bid as is in the City's best interest.
Consideration will be given in comparing bids and awarding a contract, not only to the dollar amount of the bids, but also to:
Kind
Suitability
Warranties
Trade-in
Buy-back agreement
Salvage value
Standardization
Delivery time
Any other criteria as best suits the City of Stockton Compatibility resulting in the lowest ultimate cost; Best value to the City EXHIBIT 1
197
CITY OF STOCKTON
INVITATION FOR SEALED BIDS
9 1.25 CHANGES
The City’s Representative has the authority to review and recommend or reject change orders and cost proposals submitted by the bidder or as recommended by the bidder’s project manager, pursuant to the adopted City of Stockton Standard Specifications.
1.26 OTHER GOVERNMENTAL AGENCIES
If mutually agreeable to all parties, the use of any resultant contract/purchase order may be extended to other political subdivisions, municipalities, or tax supported agencies.
Such participating governmental bodies shall make purchases in their own name, make payment directly to successful bidder and be liable directly to the successful bidder, holding the City of Stockton harmless.
1.27 CONFIDENTIALITY
If bidder believes that portions of a bid constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the bidder must so specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the bid which the bidder believes to be protected from disclosure.
The bidder must submit in writing specific detailed reasons, including any relevant legal authority, stating why the bidder believes the material to be confidential or a trade secret. Vague and general claims as to confidentiality will not be accepted.
The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers and parts of offers that are not marked as confidential may be automatically considered public information after the contract is awarded. The bidder is hereby put on notice that the City may consider all or parts of the offer public information under applicable law even though marked confidential.
1.28 JOB WALK
A job walk will not be held for PUR 26-012 STRUVITE CONTROL – NONHAZARDOUS MINERAL INHIBITOR AND/OR REMOVAL ADDITIVES.
1.29 PREVAILING WAGES & CONTRACTOR/SUBCONTRACTOR REGISTRATION
REQUIREMENTS
Prevailing wage rates are required for this project according to State and Federal Labor laws. Prevailing wage rates can be found by logging on to http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.
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 EXHIBIT 1
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10 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 (submitted on or after March 1, 2015) 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 (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.
Department of Industrial Relations- Contractor Registration information and web link: http://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 is 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.
1.30 CONTRACTOR’S SAFETY RESPONSIBILITY
The scope of work for this project has been reviewed for special risks or hidden dangers that may be present to employees of the bidder or any subcontractor. The bidder is required to identify, notify employees, and implement special precautions to prevent injuries to employees. Additionally, the bidder is required to identify its skill, experience, and equipment in dealing with the types of risk to employees.
1.31 Protest Policy
Protest and Appeal Procedures. In order to maintain fairness and impartiality, the City of Stockton has established a solicitation protest policy and procedure.
PROTEST PROCEDURE
A. All protests must be in writing and stated as a formal protest.
B. The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.
C. The solicitation process and procedures, including evaluation criteria, shall not be proper grounds for protest. Concerns related to the solicitation process and procedures, including evaluation criteria, should be raised, and EXHIBIT 1
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11 addressed, if at all, prior to the bid/proposal due date and time to allow adjustments before evaluation of the solicitation. The party challenging the award decision to bear the burden of proof of material error to justify invalidation of the proposed award.
D. Protests must be filed with the City's Chief Financial Officer, or designee, not later than five (5) days after the date the City mails and or posts on the City’s Bid Flash platform, the Letter of Intent to Award.
E. Deliveries of the protest by hand, mail, email are acceptable.
F. The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines.
PROTEST REVIEW
A. The Chief Financial Officer or designee shall respond in writing to material issues raised in the protest within thirty (30) days of receipt of the protest letter.
B. The Chief Financial Officer's, or designee 's, administrative decision may be appealed in writing to the City Manager no later than (5) business days after the date the Chief Financial Officer's, or designee's decision has been made.
C. The City Manager shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Chief Financial Officer, or designee.
D. Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.
E. The City Manager's administrative decision is final. After the City Manager issues the final administrative decision, the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094 or as such section may be amended from time to time.
F. If the protested procurement involves state or federal funds, the Chief Financial Officer, or designee, shall give notice to the interested party that he or she has the right to appeal to the appropriate agency, which shall be identified by name and address. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested party(ies).
G. The City may require the protesting party to submit a City Council approved non-refundable protest fee to cover the administrative cost of processing the protest.
2.0 BACKGROUND/GENERAL NATURE OF SPECIFICATION
The City of Stockton is a Charter City incorporated in 1850. The City is the county seat of San Joaquin County and is located in California’s San Joaquin Valley, 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles and 40 miles south of Sacramento. The County is bound by Sacramento County to the north and Stanislaus County to the south. Approximately 310,000 residents live in Stockton.
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12 The Stockton Municipal Utilities Department (MUD) manages, operates and maintains the Stockton Regional Wastewater Control Facility (RWCF). The RWCF is comprised of several treatment processes, including several anaerobic digesters and a centrifuge biosolids dewatering process which includes pipes, tanks, pumps, valves, and mixers.
The chemicals to be purchased must either act as an inhibitor for the production of struvite and/or act as a removal treatment. The solutions proposed shall be non-toxic, nonhazardous, and safe for use with all equipment utilized including, but not limited to, steel, PVC, aluminum, HDPE, pipe and/or tank coatings, valves, pumps, centrifuge, and gaskets. The solution shall not damage the equipment which has mineral buildup.
2.1 SPECIFICATIONS
The struvite inhibitor solution shall effectively prevent the formation of struvite so that it does not buildup in piping or on equipment. The solution must arrive in totes, pre-mixed, in a homogeneous solution and be able to be dosed directly to the sludge lines or anaerobic digesters. The solution shall not contain any solids, shall not be harmful to the waste stream, shall not emit any offensive odors or harmful or irritating vapors at any temperature between 30 degrees F to 110 degrees F, and remain in a homogeneous solution while in storage for up to two years.
The struvite removal solution shall effectively remove struvite at a 1:3 or 1:4 w/w basis when utilized with agitation provided by circulation or soak processes. The solution must arrive in totes, pre-mixed, in a homogeneous solution and be able to be dosed directly to the sludge lines or anaerobic digesters. The solution shall not contain any solids, shall not be harmful to the waste stream, shall not emit any offensive odors or harmful or irritating vapors at any temperature between 30 degrees F to 212 degrees F, and remain in a homogeneous solution while in storage for up to two years.
Bidders could submit a bid for both chemicals or either one.
A. LIMITATIONS ON PRICE ADJUSTMENTS
Annual increase shall not to exceed 3% for each succeeding year. In the event that the supplier increases base price in succeeding years, supplier shall produce evidence that they have experienced a cost increase and by what amount costs have increased. If, during this contract, the contract supplier(s) posted or advertised price of the item or items bid should be below the price bid, the City may receive a reduction in its contract prices to conform to such posted or advertised prices.
Manufacturers’ price increases or other increases in the cost of doing business must not be passed on to the City unless so specified in the Bid. Nor may the Vendor withdraw or cancel the contract or any part of the contract for these reasons. Vendors may cancel contract only if a Vendor cancellation clause is included as a part of the Bid and then only if the contractual obligation has been fulfilled by the Vendor in accordance with the terms stated in the Bid. Any price decrease effectuated during the contract period by reason of market change shall be passed on to the City. There must not be a price increase within the first year of the contract.
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13 B. DELIVERY
Price quoted shall include all delivery and unloading charges. Delivery of services under this contract shall be made to:
WASTEWATER TREATMENT PLANT
2500 NAVY DRIVE
STOCKTON, CA
All deliveries may not be limited to this site (Wastewater Treatment Plant). It will be the responsibility of the bidder to provide adequate assistance and/or equipment necessary to load and unload their products at the delivery site. No fee or additional charge will be accepted for split loads or multiple deliveries. Deliveries of chemicals shall be made within one week (five business days) of notification (excluding weekends and holidays) of the time of order. However, in cases of critical need, shorter delivery times, including possible weekend and holiday deliveries, may be required. Delivery is to be between the hours of 7:00 a.m. and 4:00 p.m. (PST) Monday through Friday. The vendor with the particular plant destination shall pre-arrange any variance from these days and hours.
C. SPECIFICATIONS
A copy of the most recent SDS is required to be submitted with the bid and if awarded, be submitted with each delivery, and within 15 days of any update.
Each tote shall be labeled with the following information on both the front and back:
• The chemical name and common or trade name.
• A hazard warning, by symbols and words, if applicable. • The name, address, and telephone number of the manufacturer. • Labels shall be placed midway on the side of the tote and shall be plastic coated or sprayed with a clear sealant to render the label waterproof.
D. DAMAGES
Until material has been furnished in accordance with these specifications, all loss or damage arising from any unforeseen obstruction or difficulties, either natural or artificial, which may be encountered, or from any action of the elements, or from any act or omission not authorized by these specifications on the part of the supplier or any agent or person employed by them, shall be sustained by the supplier.
2.2 CITY RESPONSIBILITIES
Not applicable.
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STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR REMOVAL ADDITIVES PUR 26-012
November 13, 2025; 2:00 PM (PST)
14 3.0 BIDDER'S CHECKLIST
THIS CHECKLIST IS PROVIDED FOR YOUR CONVENIENCE ONLY. IT IS NOT REQUIRED TO BE SUBMITTED WITH BID.
Complete the following bid documents (FROM THIS PACKET ONLY SUBMIT PAGES 15 to 19, along with any illustrations/brochures):
1. Bid Documents Cover Page*
2. Cost Table for Products and Services (Recheck your math on each item extension and total column. Do not superimpose numerals on your bid forms. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid) *
3. Bidders Agreement*
4. Non-Collusion Affidavit - Sign and notarize by jurat certificate the “Non- Collusion Affidavit” form. An “All-Purpose Acknowledgment” form will not be sufficient.
5. Sub-Contractor List*
6. Include your $0.00 bidder's security, bidder's bond, certified or cashier's check. * NOTE: As information, the City will NOT accept company or personal checks for bid security.
7. Any Addendum Acknowledgements. Print and sign all Addendums on the City’s website at www.stocktonca.gov/mudbid listed under the PUR 26-012 and submit with Bid response. *
Email bid to City Clerk's Office at [email protected], or deliver bid on a USB drive to City Hall, City Clerk's Office (1st floor), 425 North El Dorado Street, Stockton, CA 95202, before THURSDAY, NOVEMBER 13, 2025 AT 2:00 PM (PST). Bid shall be marked "Bid" and indicate PUR 26-012 STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR REMOVAL ADDITIVES.
CONTACT INFORMATION:
Information on Bid Process/Clarification/Technical Data Orlathai Chanachai-Chum, Procurement Specialist
(209) 937-8357
e-mail: [email protected]
*If not completed as required, your bid may be voided.
*DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.
*THIS FORM IS FOR YOUR INFORMATION ONLY AND DOES NOT NEED TO BE SUBMITTED WITH YOUR BID.
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STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR REMOVAL ADDITIVES PUR 26-012
November 13, 2025; 2:00 PM (PST)
15 BID DOCUMENTS
COMPANY NAME: _________________________________
CONTACT NAME: _________________________________
ADDRESS: _______________________________________
_____________________________________________
TELEPHONE NUMBER: ____________________________
EMAIL: __________________________________________
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STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR AND/OR REMOVAL ADDITIVES PUR 26-012
November 13, 2025; 2:00 PM (PST)
16 COST TABLE FOR PRODUCTS AND SERVICES
The bidder hereby agrees to furnish the materials listed below in accordance with the specifications and the foregoing Special Instructions for the amount quoted. Quantities stated herein are approximate -- increases or decreases shall depend on City of Stockton requirements and are subject to City fiscal year appropriations.
Struvite Inhibitor Struvite Remover
Brand Name Quoted:
Price per gallon: $ $
Dosage:
Available Tote Size(s):
Annual Cost: $ $
Tax: $ $
Total Annual Cost $ $
All prices quoted FOB Destination
PRICE ADJUSTMENTS
Annual increase not to exceed 3% for each succeeding year. In the event that the supplier increases base price in succeeding years, supplier shall produce evidence that they have experienced a cost increase and by what amount costs have increased.
Company Name (Please Print) Signed By
Date Name Printed
Phone Number Address
NOTE: Bidders are to mark their sealed bids to clearly indicate the content as:
STRUVITE CONTROL – NON-HAZARDOUS MINERAL INHIBITOR
AND/OR REMOVAL ADDITIVES
PUR 26-012
Thursday, November 13, 2025
IF YOU DO NOT WISH TO BID, PLEASE RETURN YOUR BID IMMEDIATELY STATING REASON.
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17 BIDDER’S AGREEMENT
In submitting this bid, as herein described, the bidder agrees that:
1. They have carefully examined the specifications and all other provisions of this form and understand the meaning, intent, and requirements of same.
2. They have reviewed and understand all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid
3. They will enter into written contract and furnish the item(s)/service(s) in the time specified in strict conformity with the specifications and conditions contained therein for the price quoted by the bidder on this bid.
4. The proposed price is inclusive of all freight and handling charges and includes delivery to the City of Stockton, Municipal Service Center, or if specified, to the alternate point of delivery shown in the specifications.
5. They have signed and notarized the attached Non-Collusion Affidavit form whether individual, corporate or partnership. Must be “A Jurat” notarization.
FIRM ADDRESS
SIGNED BY TITLE OR AGENCY
E-MAIL ADDRESS
NOTE: Bids are invalid which are unsigned, or not accompanied by $0.00 bid deposit or a bidder’s bond. If erasures or interlineations appear on your bid form, they must be initialed by the person preparing the bid. Bids shall be emailed or delivered on a USB drive to:
[email protected]
or
City Hall, City Clerk's Office (1st floor),
425 North El Dorado Street,
Stockton, CA 95202
On or before 2:00 p.m. (PST) THURSDAY, NOVEMBER 13, 2025, and publicly opened immediately thereafter in the City Council Chambers.
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18 NON-COLLUSION
No. 1 AFFIDAVIT FOR INDIVIDUAL BIDDER
STATE OF CALIFORNIA, )ss.
County of )
(insert)
being first duly sworn, deposes and says: That on behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.
(Signature Individual Bidder)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal
Signature
No. 2 AFFIDAVIT FOR CORPORATION BIDDER
STATE OF CALIFORNIA, )ss.
County of )
(insert)
being first duly sworn, deposes and says:
That
they are the of a
corporation, which corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder. (Signature Corporation Bidder)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal
Signature
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19 No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP STATE OF CALIFORNIA, )ss.
County of )
(insert)
,
each being first duly sworn, depose and say: That they are a member of the firm, association or co-partnership, designated as who is the party making the foregoing bid; that the other partner, or partners,
are that such bid is genuine and not sham or
collusive, or made in the interest or behalf of any person not named herein; that said Bidder has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Bidder.
(Signature)
(Signature)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Seal
Signature
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Exhibit 1:
Insurance Requirements
(Chemical Struvite Control)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five (5) years after contract completion.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto (Code 1), or if Contractor has no owned autos, hired (Code 8) and non-owned (Code 9) autos, with limit no less than $2,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Stockton.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim 20 EXHIBIT 1
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administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:
1. The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, agents, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, agents, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
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B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Contractor pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.
C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims-made form:
1. The retroactive date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification / remediation, the Contractors Pollution Liability shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification / remediation, the Contractors Pollution Liability shall not contain a mold exclusion and the definition of “Pollution” shall include microbial matter including mold.
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A:VII if admitted in the State of California. 22 EXHIBIT 1
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Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of subrogation which any insurer may acquire against City of Stockton, its officers, officials, employees, and volunteers, from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents, and subcontractors.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
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City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees and Volunteers
425 N El Dorado Street
Stockton, CA 95202
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25 EXHIBIT 2 – SAMPLE CONTRACT
Any major provision changes to the sample contract should be submitted by the Proponent along with the proposal response.
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1 (Rev. 10.30.18)
EXHIBIT A
STATEMENT OF WORK
1. Project Objectives
The objective of this project is for the supply and delivery of Struvite Inibitor and struvite remover (Struvite Remover STSR) as outlined in the bid specifications incorporated herein by reference.
2. Project Scope
The Contractor shall provide the goods and insurance as specified. The contractor shall supply Material Safety Data Sheets.
3. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:
Contractor: Jayne Products City: City of Stockton
Attn: Evan Anderson Attn: City Manager
17904 Star of India Lane 425 N. El Dorado Street
Carson, CA 90746 Stockton, CA 95202
Contract for Purchase of Struvite Inhibitor and Remover Chemicals