Agenda packet — City Council and Concurrent Authorities, June 23, 2026 (part 1 of 6)

City Council and Concurrent Authorities
City of Stockton
Meeting Agenda - Final
City Council and
Concurrent Authorities
Christina Fugazi, Mayor/Chair (At Large)
Jason Lee, Vice Mayor (District 6)
Michele Padilla (District 1)
Mariela Ponce (District 2)
Michael Blower (District 3)
Mario Enríquez (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 425 N. El Dorado
Street, Stockton CA
Tuesday, June 23, 2026 1:00 PM
Regular Session 1:00 PM :: Closed Session To Follow

1. REGULAR SESSION CALL TO ORDER/ROLL CALL

2. INVOCATION/PLEDGE TO FLAG

3. ADDITIONS TO REGULAR SESSION AGENDA***

4. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

4.1 26-0711 PROCLAMATION: NATIONAL PARK & RECREATION MONTH Department: Office of the Mayor

5. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

6. CONSENT AGENDA

6.1 26-0682 ADOPTION OF AN ORDINANCE ESTABLISHING TITLE 9, CHAPTER

9.18, OF THE STOCKTON MUNICIPAL CODE REGULATING USE OF

FACIAL COVERINGS
Recommended Action: RECOMMENDATION
It is recommended that the City Council:

1. Adopt an ordinance establishing Title 9, Chapter 9.18 of the Stockton Municipal Code regulating the use of facial coverings.

2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance adopted by Council.

Department: City Attorney
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Meeting Agenda - Final
Attachment A - June 16, 2025 Around the Bench Memo
Attachment B - October 20, 2025, Redline Ordinance
Attachment C - October 20, 2025, PowerPoint Presentation Proposed Ordinance (clean)
Attachments:

6.2 26-0359 RESOLUTION AUTHORIZING AN AGREEMENT WITH TNB

CONSTRUCTION TO PROVIDE CONSTRUCTION SERVICES FOR

IMPROVEMENTS AT LOUIS PARK BOAT LAUNCH FACILITY
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a Resolution:

1. Authorizing the City Manager, or designee, to execute an agreement with TNB Construction (Exhibit 1 to the Proposed Resolution), in the amount of $1.6 million, to improve the Louis Park Boat Launch facility in accordance with the Department of Boating and Waterways Grant scope.

2. Authorizing a contingency reserve to address unforeseen conditions or scope adjustments that arise during construction for a total project authorization not to exceed $2 million, and authorizing the City Manager, or designee, to approve contract amendments within the authorized contingency amount.

3. Authorizing the City Manager, or designee, to take all appropriate actions to carry out the purpose and intent of the Resolution.

Department: Economic Development
Attachment A - Resolution 2025-07-15-1207
Attachment B - CEQA Exemption
Proposed Resolution
Exhibit 1 - Standard Agreement
Attachments:

6.3 26-0659 APPROVE A MOTION AUTHORIZING FIVE-YEAR AGREEMENTS

FOR STOCKTON FIRE DEPARTMENT TO PROVIDE FIRE AND EMS

DISPATCH SERVICES TO REGIONAL PARTNERS
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Approve five-year dispatch service agreements with the City of Manteca, the Lathrop-Manteca Fire Protection District, the South San Joaquin County Fire Authority, and the City of Lodi; and

2. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion
Department: Fire
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Attachment A - Agreement with City of Manteca
Attachment B - Agreement with City of Lodi
Attachment C - Agreement with SSJCFA
Attachment D - Agreement with Lathrop-Manteca Fire Protection District Attachments:

6.4 26-0680 APPROVE A MOTION FOR THE USE OF COOPERATIVE PURCHASING AGREEMENT WITH LIFE-ASSIST, INC. THROUGH

NATIONAL PURCHASING PARTNERS FOR THE PURCHASE OF

EMERGENCY MEDICAL SUPPLIES, PHARMACEUTICALS,

EQUIPMENT, AND RELATED SERVICES
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Approve findings pursuant to Stockton Municipal Code �3.68.070(A)(5) in support of an exception to the competitive bidding process;

2. Approve the use of League of Oregon Cities Master Price Agreement No. PS25830 with Life-Assist, Inc., available through National Purchasing Partners (NPPGov), for the purchase of emergency medical supplies, pharmaceuticals, equipment, and related services for an initial four-year term in an amount not to exceed $445,000; and

3. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion.

Department: Fire
Attachments: Attachment A - Life-Assist Coop

6.5 26-0631 ADOPT A RESOLUTION APPROVING A COOPERATIVE

AGREEMENT FOR THE MOKELUMNE RIVER INTEGRATED

CONJUNCTIVE USE PROGRAM AND WATER RIGHT APPLICATION

FOR MOKELUMNE RIVER WATER WITH THE NORTH SAN

JOAQUIN WATER CONSERVATION DISTRICT, STOCKTON EAST

WATER DISTRICT, MOKELUMNE RIVER WATER AND POWER

AUTHORITY, SAN JOAQUIN COUNTY FLOOD AND WATER

CONSERVATION DISTRICT, AND THE COUNTY OF SAN JOAQUIN
(CITYWIDE)
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution approving a Cooperative Agreement (Exhibit 1 to the Resolution) for the Mokelumne River Integrated Conjunctive Use Program and Water Right Application for Mokelumne River water with the North San Joaquin Water Conservation District, Stockton East Water District, Mokelumne River Water and Power Authority, San Joaquin County Flood and Water Conservation District, and the San Joaquin County.

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1
Attachments:

6.6 26-0634 APPROVE MOTION TO AUTHORIZE CONTRACT AMENDMENT NO. 1 WITH CAROLLO ENGINEERS, INC FOR THE WESTSIDE SEWER
INTERCEPTOR CONDITION ASSESSMENT (UW20018) (CITYWIDE)
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion authorizing Contract Amendment No.1 with Carollo Engineers, Inc. of Sacramento, CA, for the Westside Sewer Interceptor Condition Assessment (UW20018). If approved, Amendment No. 1 (Attachment A) will add $140,552 to the contract, bringing the total contract amount to $323,676.

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

Department: Municipal Utilities
Attachments: Attachment A - Standard Agreement Amendment No. 1

6.7 26-0581 ADOPT A RESOLUTION TO AUTHORIZE CONTRACT AMENDMENT NO. 2 WITH BRENNTAG PACIFIC LLC TO PURCHASE SODIUM

HYDROXIDE FOR WASTEWATER TREATMENT (DISTRICT(S) -

CITYWIDE)
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing Contract Amendment No. 2 with Brenntag Pacific LLC for the purchase of sodium hydroxide for wastewater treatment in the amount of $280,000 for a total contract amount not-to-exceed $978,000.

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

Department: Municipal Utilities
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Proposed Resolution
Exhibit 1
Attachments:

6.8 26-0595 AWARD A CONSTRUCTION CONTRACT TO ACE-HIGH
ENGINEERING FOR THE 14-MILE SLOUGH PUMP STATION
DISCHARGE MODIFICATIONS (DISTRICTS 1, 2, AND 3)
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Approve the filing of Notice of Exemption No. 13-26 under the California Environmental Quality Act (CEQA) for the 14-Mile Slough Pump Station Discharge Modifications, Project No. UW20022 (Exhibit 1 to the Resolution).

2. Approve the project specifications for the 14-Mile Slough Pump Station Discharge Modifications, Project No. UW20022.

3. Award a $554,551 construction contract to Ace-High Engineering of Brentwood, California, for the 14-Mile Slough Pump Station Discharge Modifications, Project No. UW20022 (Exhibit 2 to the Resolution).

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1 - NOE
Exhibit 2 - Construction Contract
Attachments:

6.9 26-0628 APPROVE MOTION TO EXECUTE A THREE-YEAR AGREEMENT WITH DR. JOCELYN E. ROLAND FOR PSYCHOLOGICAL SERVICES

FOR THE STOCKTON POLICE DEPARTMENT IN AN AMOUNT NOT
TO EXCEED $176,760 (DISTRICT(S): CITYWIDE)
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Approve findings pursuant to the Stockton Municipal Code section

3.68.070 in support of an exception to the competitive bidding process.

2. Authorize the City Manager to execute a three-year Agreement between the City of Stockton and Dr. Jocelyn E. Roland in an amount not to exceed $176,760.

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

Department: Police
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Attachment A - Letter-Quote for SPD 2026-2029
Attachment B - SA Jocelyn E. Roland
Attachments:

6.10 26-0652 APPROVE MOTION TO EXECUTE A THREE-YEAR MEMORANDUM

OF UNDERSTANDING AGREEMENT BETWEEN THE SAN JOAQUIN
COUNTY SHERIFF’S DEPARTMENT COMMUNITY CORPS AND THE

CITY OF STOCKTON IN A TOTAL NOT-TO-EXCEED THE AMOUNT
OF $140,400
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

1. Authorize the City Manager to execute a three-year Memorandum of Understanding Agreement (MOU) between the San Joaquin County Sheriff's Department Community Corps (SJCC) and the City of Stockton to provide general labor services in an amount not to exceed $140,400.

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

Department: Police
Attachments: Attachment A - SJCSDCCS MOU

6.11 26-0630 APPROVE MOTION TO AWARD SERVICE CONTRACTS FOR THE

DEBRIS REMOVAL AND PICKUP PROGRAM (CITYWIDE)
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

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

2. Award a three-year Service Contract, in the amount of $660,474.88, to Ready to Work of Stockton, CA, for the Debris Removal and Pickup Program, Project No. OM-26-008.

3. Award a three-year Service Contract, in the amount of $786,240, to Stockton 209 Cares of Stockton, CA, for the Debris Removal and Pickup Program, Project No. OM-26-008.

4. Award a three-year Service Contract, in the amount of $787,504.64, to San Joaquin County Office of Education, dba Greater Valley Conservation Corps of Stockton, CA, for the Debris Removal and Pickup Program, Project No. OM-26-008.

5. Authorize the City Manager to execute one optional two-year extension to Ready to Work of Stockton, CA, in the amount of $455,536.64.

6. Authorize the City Manager to execute one optional two-year extension to Stockton 209 Cares of Stockton, CA, in the amount of $524,160.

7. Authorize the City Manager to execute one optional two-year extension to San Joaquin County Office of Education dba Greater Valley Conservation Corps of Stockton, CA, in the amount of $538,071.04.

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

Department: Public Works
Attachment A - Service Contract with Ready to Work
Attachment B - Service Contract with Stockton 209 Cares Attachment C - Service Contract with GVCC
Attachments:

6.12 26-0605 ADOPT RESOLUTION TO AWARD A PROFESSIONAL SERVICES

CONTRACT FOR THE BRIDGE REHABILITATION AND

REPLACEMENT PROGRAM PHASE V PROJECT (MULTIPLE
DISTRICTS - DISTRICT 4, DISTRICT 5, DISTRICT 6)
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Transfer funds in the amount of $289,160 from the Bridge Maintenance Program, Project No. WT23010, to the Bridge Rehabilitation and Replacement Program Phase V, Project No. WT19011/Federal Project No.

BPMPL-5008(220).

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

3. Award a Professional Services Contract to MGE Engineering, Inc. of Sacramento, CA, in the amount of $366,506.54, for the Bridge Rehabilitation and Replacement Program Phase V, Project No.

WT19011/Federal Project No. BPMPL-5008(220).

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

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - Professional Services Contract
Attachments:

6.13 26-0401 ADOPT RESOLUTION TO AUTHORIZE THE CITYWIDE SYSTEMIC

ROAD SAFETY DEVICES PROJECT (CITYWIDE)
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Appropriate funds in the amount of $87,797 from the Public Facilities Fee Air Quality fund balance to the Citywide Systemic Road Safety Devices, Project No. WT22043/State Project No. HSIPSL-5008(219).

2. Appropriate funds in the amount of $152,470 from the Highway Safety Improvement Program funds to the Citywide Systemic Road Safety Devices, Project No. WT22043/State Project No. HSIPSL-5008(219).

3. Approve the Notice of Exemption No. NOE48-23 under the California Environmental Quality Act for the Citywide Systemic Road Safety Devices, Project No. WT22043/State Project No. HSIPSL-5008(219).

4. Approve the plans and specifications for the Citywide Systemic Road Safety Devices, Project No. WT22043/State Project No.

HSIPSL-5008(219).

5. Award a Construction Contract in the amount of $377,976 to St. Francis Electric, LLC of San Leandro, CA, for the Citywide Systemic Road Safety Devices, Project No. WT22043/State Project No. HSIPSL-5008(219).

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

Department: Public Works
Attachment A - Vicinity Map
Proposed Resolution
Exhibit 1 - NOE 48-23
Exhibit 2 - Construction Contract
Attachments:

6.14 26-0546 ADOPT RESOLUTION TO AUTHORIZE THE N3 PUMP STATION WARRANTY REPAIR PROJECT (SINGLE DISTRICT - DISTRICT 6)
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

1. Authorize the City Manager to execute a Release and Settlement Agreement in the amount of $389,858.95 with Conco-West, Inc. for the N3 Pump Station Warranty Repair, Project No. WT26048.

2. Accept and appropriate funds in the amount of $389,858.95 from the National Fire Insurance Company of Hartford, the general liability insurer for Conco-West, Inc. to the N3 Pump Station Warranty Repair, Project No.

WT26048.

3. Approve the Notice of Exemption No. NOE12-26 under the California Environmental Quality Act for the N3 Pump Station Warranty Repair, Project No. WT26048.

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

5. Award a Construction Contract in the amount of $389,858.95 to Conco-West, Inc. of Manteca, CA, for the N3 Pump Station Warranty Repair, Project No. WT26048.

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

Department: Public Works
Attachment A - Subdivsion Agreement
Attachment B - Vicinity Map
Proposed Resolution
Exhibit 1 - Release and Settlement Agreement
Exhibit 2 - Notice of Exemption
Exhibit 3 - Construction Contract
Attachments:

6.15 26-0567 APPROVE MOTION TO AWARD A SERVICE CONTRACT FOR

PARKS PEST CONTROL (CITYWIDE)
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

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

2. Award a three-year Service Contract, in the amount of $224,946, to California Professional Pest Control, Inc. dba California Pest Control of Stockton, CA, for Parks Pest Control, Project No. OM-26-033.

3. Authorize the City Manager to execute up to two optional one-year extensions to this Service Contract, at an annual cost of $77,231.46, for a cumulative contract total amount of $379,408.92.

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

Department: Public Works
Attachments: Attachment A - Contract for Service Parks Pest Control

6.16 26-0576 APPROVE MOTION TO AUTHORIZE BALANCING CONTRACT CHANGE ORDER NO. 1 FOR THE LOCAL STREET RESURFACING
PROGRAM FISCAL YEAR 2024-25 SB1 - PAVEMENT REPAIR

PROJECT (ALL DISTRICTS - CITYWIDE)
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Balancing Contract Change Order No. 1, in the amount of $257,805.88, with Robert Burns Construction, Inc. of Stockton, CA, for the Local Street Resurfacing Program Fiscal Year 2024-25 SB1 - Pavement Repair, Project No. WD25003.

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

Department: Public Works
Attachment A - Vicinity Map
Attachment B - Balancing Contract Change Order
Attachments:

6.17 26-0580 APPROVE MOTION TO RATIFY FINAL EXPENDITURES FOR

SECURITY SERVICES AT NEW CITY HALL (CITY-OWNED

FACILITIES)
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

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

2. Ratify final expenses in the amount of $181,490.74 with Hammer Head Protection, Inc. of Stockton, CA, for all costs related to overnight security services at New City Hall.

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

Department: Public Works

7. ADMINISTRATIVE MATTERS

8. UNFINISHED BUSINESS

9. HEARINGS**

9.1 26-0635 ADOPT RESOLUTION FOR THE FORMATION OF THE FIVE MILE SLOUGH ASSESSMENT DISTRICT, APPROVE AN ENGINEER’S

REPORT, AND AUTHORIZE LEVY OF THE PROPOSED
ASSESSMENT (DISTRICT 3)
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Recommended Action: RECOMMENDATION
If, after tallying the ballots received on the date of the hearing, the majority of ballots submitted are cast in favor of forming the Five Mile Slough Assessment District and levying the proposed assessment, it is recommended that the City Council adopt a resolution to:

1. Form the Five Mile Slough Assessment District to maintain certain improvements described in the attached Five Mile Slough Assessment District Engineer's Report.

2. Overrule the protests submitted in opposition to the levying of the Five Mile Slough Assessment and in opposition to the formation of the Five Mile Slough Assessment District.

3. Approve the Five Mile Slough Assessment District Engineer's Report for the Fiscal Year 2027-28 and the proposed Fiscal Year 2027-28 budget for the Five Mile Slough Assessment District.

4. Authorize the City Clerk to prepare and submit the Five Mile Slough Assessment District assessment roll for collection in Fiscal Year 2027-2028 and subsequent years.

5. Authorize the collection of the proposed assessments in Fiscal Year 2027-28 and subsequent years.

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

Department: Public Works
Attachment A - Map
Attachment B - Proposed FY 2027-28 Budget
Proposed Resolution
Exhibit 1 - Engineer's Report
PPT - 9.1 - Five Mile Assessment District
Attachments:

9.2 26-0506 PUBLIC HEARING AUTHORIZING THE CONTINUED USE, FUNDING,

AND ACQUISITION OF MILITARY EQUIPMENT ESTABLISHED IN
THE “MILITARY EQUIPMENT” POLICY, AS MANDATED BY
CHAPTER 12.8 (COMMENCING WITH SECTION 7070) TO DIVISION 7 OF TITLE 1 OF THE GOVERNMENT CODE, RELATING TO MILITARY EQUIPMENT (DISTRICT(S): CITYWIDE)
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Recommended Action: RECOMMENDATION
It is recommended, at the conclusion of the public hearing, that the City Council, as governing body of the City of Stockton, by motion:

1. Authorize Stockton Police Department (SPD) to continue the use of military equipment as defined by Assembly Bill 481 (AB 481) and approved via City Ordinance 2024-05-21-1601.

2. Approve items acquired during 2025 and the 2026 Intended Acquisitions for the 2026/2027 Fiscal Year, as outlined in the 2026 AB 481 Annual Report, issued May 14, 2026.

It is further recommended that the Council authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this ordinance.

Department: Police
Attachment A - Ordinance 2024-05-21-1601
Attachment B - SPD 2026 AB 481 Annual Report, Policy 706 PPT - 9.2 - AB481 Military Equipment Use
Attachments:

10. NEW BUSINESS

10.1 26-0699 PROPOSITION 218 TO CONSIDER STORMWATER RATE

ADJUSTMENTS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the Stormwater Utility rate adjustments as identified in the Final Stormwater Rate Study (Study) (Attachment A) if a majority of returned ballots support the proposed adjustments.

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
Attachment A - Final Stormwater Rate Study
Proposed Resolution
Attachments:

10.2 26-0469 CIVIL SERVICE OVERVIEW PRESENTATION
Recommended Action: RECOMMENDATION
Information only; no action to be taken.

Department: Human Resources
Attachments: PPT - 10.2 - Civil Service Overview

10.3 26-0706 PRESENTATION FROM RESTORE THE DELTA - RESTORING MORMON SLOUGH: A COMMUNITY LED ECONOMIC
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DEVELOPMENT AND GREEN SPACE REVIVAL
Recommended Action: RECOMMENDATION
This is an information item only. The City Council will receive a presentation from Restore the Delta. No action to be taken.

Department: Mayor and City Council
Attachments: PPT - 10.3 - Restoring Mormon Slough

10.4 26-0250 ADOPT A RESOLUTION TO APPROVE AND ADOPT THE MOVE

DOWNTOWN FINAL REPORT ADDRESSING DOWNTOWN

STOCKTON MULTIMODAL TRANSPORTATION NETWORK AND

LAND USE COMPATIBILITY
Recommended Action: RECOMMENDATION
It is recommended that City Council adopt a resolution:

1. Approving and adopting the Move Downtown Final Report; and

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

Department: Economic Development
Attachment A - Resolution 2023-12-05-1205
Attachment B - Motion 2024-12-03-1208
Proposed Resolution - Move Downtown
Exhibit 1 - Move Downtown Final Report
PPT - 10.4 - Move Downtown
Attachments:

10.5 26-0717 RESOLUTION RATIFYING THE LOCAL EMERGENCY

PROCLAMATION DUE TO THE GOLDEN MUSSEL (LIMNOPERNA

FORTUNEI) INFESTATION
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Recommended Action: RECOMMENDATION
It is recommended that Council adopt a resolution to:

1. Ratify the Proclamation of the Existence of a Local Emergency due to the Golden Mussel (Limnoperna Fortunei) infestation from June 19th, 2026;

2. Suspend the monetary limit on City Manager contracting and purchasing authority set out in Stockton Municipal Code section 3.68.040 in order to the allow the City Manager the ability to effectively and efficiently continue the response to public health and safety concerns and City operations during the pendency of this local emergency;

3. Authorize the City Manager to execute contracts and make purchases related to the public health and safety threat identified in the Proclamation, utilizing the City's Emergency Procurement Policy;

4. Authorize the City Manager to utilize General Fund Contingency and American Rescue Plan Act (ARPA) Contingency as needed to cover emergency response expenses related to the Proclamation; and,

5. Authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this resolution.

Department: Fire
Proposed Resolution
Exhibit 1 - Emergency Proclamation
PPT - 10.5 - Golden Mussel Infestation
Attachments:

10.6 26-0683 RECEIVE PRESENTATION ON ROSENBERG’S RULES OF ORDER Recommended Action: RECOMMENDATION
This item is informational only. The City Council will receive a presentation on Rosenberg's Rules of Order.

Department: City Attorney
Attachments: Attachment A - Rosenberg's Rules of Order

11. CITY MANAGER'S UPDATE

12. COUNCIL COMMENTS

13. ADDITIONS TO CLOSED SESSION AGENDA

14. ANNOUNCEMENT OF CLOSED SESSION

14.1 26-0655 CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: City Manager Johnny Ford; Deputy City Manager Will Crew; Deputy City Manager Christine Tien; City Attorney City of Stockton Page 16 Printed on 6/19/2026
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Marci Arredondo; Chief Financial Officer Gilbert Garcia, Admin Budget Officer John al-Amin; Director of Human Resources Alecia Figieroa; Supervising HR Analyst Labor Jasmine Pantoja; Police Chief McFadden; Assistant Chief Scott Graviette; Fire Chief Carr; and Legal Counsel, Che Johnson and Michael Jarvis of Liebert Cassidy Whitmore
Employee Organizations: Unrepresented Units, Stockton City Employees’ Association, Operating Engineer’s Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers’ Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

Department: City Attorney

14.2 26-0687 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Two
Name of Case: City of Fresno, et al. v. Noem et al (United States District Court - Northern District of California, Case No. 3:26-cv-01535) Name of Case: City of Fresno, et al. v. Turner, et al. (United States District Court - Northern District of California, Case No. 3:25-cv-07070-RS) This Closed Session is authorized pursuant to section 54956.9(d)(1) of the Government Code.

Department: City Attorney

14.3 26-0719 CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE

TO LITIGATION
Number of Cases: One
The City is in receipt of information concerning facts and circumstances that might result in litigation against the City which are known to potential plaintiffs and that pertain to potential charter violation claims by the potential plaintiffs against the City.

This Closed Session is authorized pursuant to section 54956.9, subd. (d) (2), (e)(2) of the Government Code.

Department: City Attorney
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14.4 26-0708 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

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

Department: Mayor and City Council

14.5 26-0709 PUBLIC EMPLOYEE PERFORMANCE EVALUATION:

Recommended Action: City Clerk
This Closed Session is authorized pursuant to Government Code section 54957(b).

Department: Mayor and City Council

15. RECESS TO CLOSED SESSION

16. REPORT OF ACTION TAKEN IN CLOSED SESSION

17. ADJOURNMENT

1. INFORMATIONAL ITEMS

1.1 26-0521 COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES Recommended Action: RECOMMENDATION
Information item only. No action required.

Department: City Clerk
CSC 2026-01-15.pdf
CSC 2026-02-19.pdf
CSC 2026-03-19.pdf
Measure W 2023-09-13.pdf
Measure W 2024-09-26.pdf
Measure W 2025-09-25.pdf
Measure W 2025-12-10.pdf
Attachments:

City of Stockton Page 18 Printed on 6/19/2026
18 City Council and Concurrent June 23, 2026
Authorities
Meeting Agenda - Final

CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on June 19, 2026 in compliance with the Brown Act.

Katherine Roland, CMC, CPMC
City Clerk
By: ________________________________
Deputy
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Authorities
Meeting Agenda - Final

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

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

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

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

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

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

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

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

Council Policy Manual Chapter 4.07 DECORUM
§ 4.07.010 Policy.
1) COUNCILMEMBERS
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Meeting Agenda - Final
The City Council will practice civility and decorum in their discussions and debate. Councilmembers will value each other's time and will preserve order and decorum. A member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, use personal, impertinent or slanderous remarks, nor disturb any other member while that member is speaking or refuse to obey the orders of the presiding officer or the Council, except as otherwise provided herein.

A) All Councilmembers have the opportunity to speak and agree to disagree but no Councilmember shall speak twice on any given subject unless all other Councilmembers have been given the opportunity to speak.

B) The Mayor has the affirmative duty to maintain order. The City Council will honor the role of the Mayor in maintaining order. If a Councilmember believes the Mayor is not maintaining order, the Councilmember may move that the Vice-Mayor enforce the rules of decorum and otherwise maintain order. If that motion receives a second and is approved by a Council majority, the Vice-Mayor shall enforce the rules of decorum and maintain order.

C) Any Councilmember who violates the rules repeatedly shall be sanctioned by the City Council, including, but not limited to, barring the Councilmember from further participation (other than voting) on the subject. 2) PERSONS ADDRESSING THE CITY COUNCIL
Persons addressing the Council shall not make personal, impertinent, unduly repetitive, slanderous or profane remarks to the Council, any member of the Council, City staff or the general public, nor utter loud, threatening, personal or abusive language, nor engage in any other conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of the Council meeting. Any person who makes such remarks, who utters loud, threatening, personal or abusive language, who is unduly repetitious or engages in extended discussion of irrelevancies, or who engages in any disorderly conduct that disrupts, disturbs or otherwise unreasonably impedes the orderly conduct of any Council meeting shall, at the discretion of the presiding officer or a majority of the Council, be barred from further audience before the Council during that meeting. 3) ENFORCEMENT
The rules of decorum set forth above shall be enforced in the following manner:

Warning. The presiding officer shall request that a person who is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her to leave the Council meeting. If such person does not remove himself or herself, the presiding officer may order any law enforcement officer who is on duty at the meeting to remove that person from the Council Chambers.
4) RULES PERTAINING TO SIGNS, OBJECTS, SYMBOLIC MATERIALS, AND FIRE SAFETY WITHIN THE

COUNCIL CHAMBERS DURING COUNCIL MEETINGS
A) Objects and symbolic materials such as signs which do not have sticks attached or otherwise create any fire or safety hazards will be allowed within the Council Chamber during Council meetings provided that they are not so large as to infringe upon the space of those in adjacent areas, and are no wider on their longest side than the audience chairs.

B) Persons with objects and symbolic materials such as signs must remain seated when displaying them except when making an oral presentation to the Council and must not raise them above shoulder level or otherwise use them to obstruct vision or passage or disturb the conduct of the Council meeting. Such materials may not be placed on or against the walls, doors or furniture or in the aisles.

C) Exits shall not be obstructed in any manner. Obstructions, including storage, shall not be placed in aisles or other exit ways. Hand carried items must be stored so that such items do not inhibit passage in aisles or other exit ways.

D) Exit ways shall not be used in any way that will present a hazardous condition.

E) Overcrowding and admittance of persons beyond the approved capacity of a place of assembly are prohibited.

F) The Fire Marshal may establish designated areas for media equipment. 5) PERSONS AUTHORIZED WITHIN RAIL
No person except City officials and City staff shall be permitted within the rail in front of the City Council dais without the express consent of the presiding officer.

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Authorities
Meeting Agenda - Final
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22 City of Stockton
Legislation Text
File #: 26-0711, Version: 1
PROCLAMATION: NATIONAL PARK & RECREATION MONTH
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City of Stockton
Legislation Text
File #: 26-0682, Version: 1
ADOPTION OF AN ORDINANCE ESTABLISHING TITLE 9, CHAPTER 9.18, OF THE STOCKTON

MUNICIPAL CODE REGULATING USE OF FACIAL COVERINGS

RECOMMENDATION
It is recommended that the City Council:

1. Adopt an ordinance establishing Title 9, Chapter 9.18 of the Stockton Municipal Code regulating the use of facial coverings.

2. Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance adopted by Council.

Summary
Following direction from City Council on November 18, 2025, the Legislation/Environmental Committee discussed potential ordinances to establish Title 9, Chapter 9.18 of the Stockton Municipal Code regulating the use of facial coverings. The Committee approved Motion 2026-01-26- 0305 forwarding to the full City Council the June 16, 2025, version of the ordinance (reflected in Attachment A) for review and consideration. In accordance with Committee direction, the proposed ordinance has been agendized for review and potential adoption by the City Council.

DISCUSSION
Background
On June 16, 2025, the Legislation/Environmental Committee reviewed and considered a proposed ordinance regulating the use of facial coverings in public or private spaces (Attachment A). By motion 2025-06-16-1303, the Committee forwarded a recommendation to the full City Council to adopt the ordinance, following review and collaboration with the Police Department.

Following review, the Police Department expressed concerns regarding the enforcement of the ordinance. Accordingly, Chair Enriquez and Vice Mayor Lee directed staff to bring the item back to the Committee for review of the Philadelphia face covering regulations and consideration of potential changes to the proposed ordinance. On October 20, 2025, the Committee reviewed and considered potential changes to the proposed ordinance, including introducing a monetary fine and limiting the prohibition to specific locations (Attachment B). By Motion 2025-10-20-0301 the Committee voted to forward both versions of the ordinance to the full City Council for review and consideration.

The City Council reviewed and discussed both the proposed ordinances on November 18, 2025. By motion 2025-11-18-1601, the City Council referred the proposed ordinances back to the City of Stockton Page 1 of 2 Printed on 6/19/2026
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File #: 26-0682, Version: 1
Legislation/Environmental Committee for review.

On January 26, 2026, the Committee discussed the ordinances and approved Motion 2026-01-26- 0305 forwarding to the full City Council the June 16, 2025, version of the ordinance (reflected in Attachment A) for review and consideration. Minor clerical changes to the June 16, 2025, ordinance were included in the final “clean” version presented to the City Council. These changes include:
· Update to the title to reflect the content of the ordinance; · Removal of the reference to “increased” criminal activity to reflect statistical information as presented at prior meetings (Attachment C); and
· Internal reference to Stockton Municipal Code Chapter 1.08 of the violations section.

Present Situation
In accordance with the Committee direction, the June 16, 2025, proposed ordinance has been agendized for review and potential adoption by the City Council.

FINANCIAL SUMMARY
The adoption of this ordinance will have no financial impact.

Attachment A - June 16, 2025, Around the Bench Memo
Attachment B - October 20, 2025, Redline Ordinance
Attachment C - October 20, 2025, PowerPoint Presentation City of Stockton Page 2 of 2 Printed on 6/19/2026
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MEMORANDUM
June 16, 2025
TO: Council Legislation/Environmental Committee Members FROM: Florence Low, AssiStant to the City Manager
SUBJECT: PROPOSED ORDINANCE FOR AGENDA ITEM 3.3 - DISCUSSION ON A

FACE COVERING ORDINANCE
Attached is the Proposed Ordinance for Agenda Item 3.3 - Discussion on a Face Covering Ordinance, which was not a ilable at the time of posting.

FLORENCE LOW

ASSISTANT TO THE CITY MANAGER
Emc: City Manager
City Attorney
City Clerk

ATTACHMENT A
26 ORDINANCE NO.

AN ORDINANCE REGULATING THE USE OF FACIAL COVERINGS IN PUBLIC SPACES

WHILE ENGAGED IN CRIMINAL ACTMTY

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

SECTION I. FINDINGS AND INTENT.

The City of Stockton has observed an increase in criminal activity involving individuals with facecovering ski masks and other face coverings intended to conceal their identity. Such face coverings hinder law enforcement investigations, pose a public safety risk, and contribute to a heightened sense of fear, intimidation, and insecurity among residents, businesses, and schools in the community. Therefore, the City Council recognizes the need to create an ordinance prohibiting the unlawful use of facial coverings in public spaces while balancing public safety with individual rights and ensuring reasonable exceptions for lawful use of face coverings.

SECTION It. AMENDMENT OF CODE.

Title 9, Chapter 9.18, titled, "PROHIBITED USE OF FACIAL COVERINGS IN PUBLIC OR PRIVATE SPACES" is added to the Stockton Municipal Code and shall read as follows:

9.18.010 Purpose.

The City of Stockton has observed an increase in criminal activity involving individuals with Facecovering ski masks and other face coverings intended to conceal their identity, which has hindered law enforcement efforts and created a heightened sense of fear and insecurity in the community. This ordinance is enacted to protect public safety, promote accountability, and ensure the general welfare of Stockton's residents and visitors.

9.18.020 Definitions.

A. "Face-Covering Ski Mask" means any close-fitting garment that covers the head and face, with openings for the eyes, nose, or mouth, or any combination thereof, commonly referred to as ski masks, balaclavas, or similar facial coverings.

B. "Public Space" means any location accessible to the general pubiic, including but not limited to streets, sidewalks, parks, shopping centers, schools, recreational facilities, transit stations, and public transportation.

C. "Private Space" means any private property that is open to the public, including businesses, retail stores, restaurants, offices, parking lots, and any private property where the owner or occupant has not granted express permission for face coverings.

9.18.030 Prohibition on Use of Face Coverings in Public Spaces.

It shall be unlawful for any person to wear a face-covering ski mask in any public or private space within the city limits of Stockton with an intent to conceal their identity where the

ATTACHMENT A
27 individual knows or reasonably should know that the mask-wearing conduct provokes a reasonable apprehension of intimidation, threats, or violence.

9.18.040 Exceptions.

The prohibitions of this chapter shall not apply to:

A. Religious Garments - Individuals wearing face coverings for religious observance.

B. Medical Necessity - Persons required to wear facial coverings for medical, health, or disability-related reasons, including protection against airborne diseases.

C. Occupational Safety - Employees required to wear masks for workplace safety as part of their uniform or protective gear.

D. Theatrical and Sporting Events - Participants in theatrical productions, official sporting events, or designated winter sports activities.

E. Traditional Holiday Costumes - Costumes worn exciusively for recognized holidays or cultural celebrations.

F. Law Enforcement and Emergency Personnel - Police officers, firefighters, and emergency personnel acting in the scope of their official duties.

9. 18.050 Violations.

Violations of this chapter shall be punishable as misdemeanors as provided in Section 1.08.010 of this code.

9.18.060 Enforcement.

A. Law Enforcement Authority - The Stockton Police Department shall have the authority to issue citations and enforce the provisions of this ordinance.

B. Confiscation - Law enforcement officers may confiscate face-covering ski masks worn in violation of this ordinance.

C. Business and Property Compliance - Business owners and property managers shal! have the authority to deny entry or remove individuals violating this ordinance from their premises.

SECTION Ill. SEVERABILITY.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any other part, thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections

ATTACHMENT A
28 subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional or invalid or ineffective.

SECTION IV. EFFECTIVE DATE.

This ordinance shall be in full force and take effect thirty (30) days affer its passage.

ADOPTED:

EFFECTIVE:

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

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

ATTACHMENT A
29 ATTACHMENT B
ORDINANCE NO. ________________

AN ORDINANCE REGULATING THE USE OF FACIAL COVERINGS IN PUBLIC SPACES

WHICHLE PROVOKE APPREHENSION OF INTIMIDATION, THREATS, OR

VIOLENCEENGAGED IN CRIMINAL ACTIVITY

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

SECTION I. FINDINGS AND INTENT.

SECTION II. AMENDMENT OF CODE.

Title 9, Chapter 9.18, titled, “PROHIBITED USE OF FACIAL COVERINGS IN PUBLIC OR PRIVATE SPACES” is added to the Stockton Municipal Code and shall read as follows:

9.18.010 Purpose.

The City of Stockton has observed an increase in criminal activity involving individuals with facecovering ski masks and other face coverings intended to conceal their identity, which has hindered law enforcement efforts and created a heightened sense of fear and insecurity in the community. This ordinance is enacted to protect public safety, promote accountability, and ensure the general welfare of Stockton’s residents and visitors.

9.18.020 Definitions.

A. “Face-Covering Ski Mask” means any close-fitting garment that covers the head and face, with openings for the eyes, nose, or mouth, or any combination thereof, commonly referred to as ski masks, balaclavas, or similar facial coverings.

C. “Private Space” means any private property that is open to the public, including businesses, retail stores, restaurants, offices, parking lots, and any private property where the owner or occupant has not granted express permission for face coverings.

9.18.030 Prohibition on Use of Face Coverings in Public Spaces. 30 ATTACHMENT B
It shall be unlawful for any person to wear a face-covering ski mask in any school building, recreation center, daycare, park, City-owned building, or on any mode of public transportation, including, but not limited to, buses, trains, trolleys, and subways any public or private space within the city limits of Stockton with an intent to conceal their identity where the individual knows or reasonably should know that the mask-wearing conduct provokes a reasonable apprehension of intimidation, threats, or violence.

9.18.040 Exceptions.

The prohibitions of this chapter shall not apply to:

A. Religious Garments – Individuals wearing face coverings for religious observance.

B. Medical Necessity – Persons required to wear facial coverings for medical, health, or disability-related reasons, including protection against airborne diseases.

C. Occupational Safety – Employees required to wear masks for workplace safety as part of their uniform or protective gear.

D. Theatrical and Sporting Events – Participants in theatrical productions, official sporting events, or designated winter sports activities.

E. Traditional Holiday Costumes – Costumes worn exclusively for recognized holidays or cultural celebrations.

F. Law Enforcement and Emergency Personnel – Police officers, firefighters, and emergency personnel acting in the scope of their official duties.

9.18.050 Violations.

A. In addition to any other remedy allowed by law, any person who violates any provision of this Chapter Violations of this chapter shall be punishable asis guilty of a misdemeanors and subject to criminal sanctions as provided in ChapterSection 1.08.010 of this code.

B. Any person who violates any provision of this Chapter is subject to an administrative penalty in an amount of $1,000.00.

C. A person charged with an administrative penalty under this chapter may, within 10 calendar days of the date of the notice, appeal in accordance with Chapter

1.44 of this code. Failure to timely file an appeal constitutes a failure to exhaust available administrative remedies and bars any further review or appeal of the violation.

9.18.060 Enforcement.

A. Law Enforcement Authority – The Stockton Police Department shall have the authority to issue citations and enforce the provisions of this ordinance. 31 ATTACHMENT B
B. Confiscation – Law enforcement officers may confiscate face-covering ski masks worn in violation of this ordinance.

C. Business and Property Compliance – Business owners and property managers shall have the authority to deny entry or remove individuals violating this ordinance from their premises.

SECTION III. SEVERABILITY.

SECTION IV. EFFECTIVE DATE.

This ordinance shall be in full force and take effect thirty (30) days after its passage.

ADOPTED: ____________________
EFFECTIVE: ____________________

____________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
32 FACE COVERING

ORDINANCE

ATTACHMENT C
33 JUNE 16,
2025

ATTACHMENT C
34 CRIME

STATISTICS

ATTACHMENT C
35 “Findings and Intent” and “Purpose”

ATTACHMENT C
36 Philadelphia Ordinance, § 10-616
• Included as Attachment D
•Two Primary Differences

1. Philadelphia has a monetary fine for violations; and

2. Subsection four of the Philadelphia identifies specific areas where masks are prohibited.

ATTACHMENT C
37 Monetary Fine

ATTACHMENT C
38 Specific Locations

ATTACHMENT C
39 Recommendation
• It is recommended that the Legislation and Environmental Committee review and discuss a potential ordinance
establishing Title 9, Chapter 9.18 of the Stockton Municipal Code regulating the use of facial coverings.

ATTACHMENT C
40 ORDINANCE NO. ________________

AN ORDINANCE REGULATING THE USE OF FACIAL COVERINGS IN PUBLIC OR

PRIVATE SPACES WHICH PROVOKE APPREHENSION OF INTIMIDATION,

THREATS, OR VIOLENCE

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

SECTION I. FINDINGS AND INTENT.

The City of Stockton has observed criminal activity involving individuals with facecovering ski masks and other face coverings intended to conceal their identity. Such face coverings hinder law enforcement investigations, pose a public safety risk, and contribute to a heightened sense of fear, intimidation, and insecurity among residents, businesses, and schools in the community. Therefore, the City Council recognizes the need to create an ordinance prohibiting the unlawful use of facial coverings in public spaces while balancing public safety with individual rights and ensuring reasonable exceptions for lawful use of face coverings.

SECTION II. AMENDMENT OF CODE.

Title 9, Chapter 9.18, titled, “PROHIBITED USE OF USE OF FACIAL COVERINGS IN

PUBLIC OR PRIVATE SPACES WHICH PROVOKE APPREHENSION OF
INTIMIDATION, THREATS, OR VIOLENCE” is added to the Stockton Municipal Code and shall read as follows:

9.18.010 Purpose.

The City of Stockton has observed criminal activity involving individuals with facecovering ski masks and other face coverings intended to conceal their identity, which has hindered law enforcement efforts and created a heightened sense of fear and insecurity in the community. This ordinance is enacted to protect public safety, promote accountability, and ensure the general welfare of Stockton’s residents and visitors.

9.18.020 Definitions.

B. “Public Space” means any location accessible to the general public, including but not limited to streets, sidewalks, parks, shopping centers, schools, recreational facilities, transit stations, and public transportation.
41 C. “Private Space” means any private property that is open to the public, including businesses, retail stores, restaurants, offices, parking lots, and any private property where the owner or occupant has not granted express permission for face coverings.

9.18.030 Prohibition on Use of Face Coverings in Public Spaces.

It shall be unlawful for any person to wear a face-covering ski mask within the city limits of Stockton with an intent to conceal their identity where the individual knows or reasonably should know that the mask-wearing conduct provokes a reasonable apprehension of intimidation, threats, or violence.

9.18.040 Exceptions.

The prohibitions of this chapter shall not apply to:

A. Religious Garments – Individuals wearing face coverings for religious observance.

B. Medical Necessity – Persons required to wear facial coverings for medical, health, or disability-related reasons, including protection against airborne diseases.

C. Occupational Safety – Employees required to wear masks for workplace safety as part of their uniform or protective gear.

D. Theatrical and Sporting Events – Participants in theatrical productions, official sporting events, or designated winter sports activities.

E. Traditional Holiday Costumes – Costumes worn exclusively for recognized holidays or cultural celebrations.

F. Law Enforcement and Emergency Personnel – Police officers, firefighters, and emergency personnel acting in the scope of their official duties.

9.18.050 Violations.

In addition to any other remedy allowed by law, any person who violates any provision of this Chapter is guilty of a misdemeanor and subject to criminal sanctions as provided in Chapter 1.08 of this code.

9.18.060 Enforcement.

A. Law Enforcement Authority – The Stockton Police Department shall have the authority to issue citations and enforce the provisions of this ordinance. 42 B. Confiscation – Law enforcement officers may confiscate face-covering ski masks worn in violation of this ordinance.

C. Business and Property Compliance – Business owners and property managers shall have the authority to deny entry or remove individuals violating this ordinance from their premises.

SECTION III. SEVERABILITY.

SECTION IV. EFFECTIVE DATE.

This ordinance shall be in full force and take effect thirty (30) days after its passage.

ADOPTED: ____________________
EFFECTIVE: ____________________
____________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
______________________________

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
43 City of Stockton
Legislation Text
File #: 26-0359, Version: 1

RESOLUTION AUTHORIZING AN AGREEMENT WITH TNB CONSTRUCTION TO PROVIDE

CONSTRUCTION SERVICES FOR IMPROVEMENTS AT LOUIS PARK BOAT LAUNCH FACILITY

RECOMMENDATION
It is recommended that the City Council adopt a Resolution:

3. Authorizing the City Manager, or designee, to take all appropriate actions to carry out the purpose and intent of the Resolution.

Summary
The Louis Park Boat Launch Facility provides a convenient and centralized location for motorized and non-motorized access to the San Joaquin River. Approval will authorize an agreement with TNB Construction for the design and construction of improvements to the Louis Park Boat Launch facility.

The project is funded through the Department of Boating and Waterways (DBW) Waterways Connections Initiative (WCI) grant program, which is intended to enhance accessibility and safety for both motorized and non-motorized vessels. Improvements to the Louis Park Boat Launch facility include installation of a low, free-board boarding float and gangway, concrete abutment, steel guide piles, two-unit unisex precast restrooms, and an ADA-compliant path of travel connecting the parking area and restrooms to the boarding float.

DISCUSSION
Background
On July 15, 2025, the Council approved Resolution 2025-07-15-1207 (Attachment A), accepting the award of $2M in grant funding for the Louis Park Boat Launch facility to enhance safety, improve accessibility, and increase overall usability of the facility for non-motorized boaters. The project was structured into two phases, with Phase One focused on permitting and preliminary design services, and Phase Two dedicated to final design and construction.

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File #: 26-0359, Version: 1
In September 2025, the City contracted with Anchor QEA to complete phase one of the project. This phase assisted the City in completing required environmental documentation, coordinating with regulatory and permitting agencies, and preparing preliminary design concepts necessary to advance the project toward final design and construction. This phase is still in progress and will transition directly into phase two, which will consist of final design and construction oversight of the identified improvements.

Present Situation
On February 5, 2026, the City issued a formal bid solicitation (PUR 26-021) for phase two of the Louis Park Boat Launch Improvement Project, which includes final design and construction services.

The project was bid using a design-build delivery method to support the project schedule and construction including coordination of multiple components: in-water, landside, and the restroom.

Three proposals were received in response to the solicitation, and TNB Construction was determined to be the lowest responsible bidder meeting the project scope requirements.

Due to grant funding timelines established under DBW WCI program, the project must be completed by February 2027. To support timely delivery of the project, the City’s phase one consultant will continue providing permitting coordination and regulatory support throughout phase two to ensure completion of design and construction activities.

ENVIRONMENTAL CLEARANCE
Due to the construction activities, CEQA compliance was required and completed by December 31, 2025 (Attachment B).

The Community Development Department (CDD) determined that the project qualified for a Categorical Exemption under CEQA Guidelines section 15301(d), as it involves the rehabilitation of existing facilities to meet current health and safety standards. The project is also consistent with the City’s General Plan, including Policy LU-6.3, which supports access to well-maintained public facilities.

FINANCIAL SUMMARY
DBW has set a limit for the current project at $1.6 million, but has set aside up to $400,000 for unforeseen costs and/or over-runs, accessible with their approval. The proposed Resolution allows for the award of the construction contract to TNB Construction in the amount of $1.6 million with City Manager authorization to approve and amend any over runs and/or additional needs should the state approve additional funding, up to $400,000. Council previously accepted and approved the general use of the full $2 million allocation available under the DBW WCI grant program for improvements to the Louis Park Boat Launch facility. Approval of this agreement will authorize the City to utilize up to the remaining available grant funds, as needed, for contingency, unforeseen conditions, permitting requirements, or scope adjustments associated with completion of the project. All project costs will be funded through the WCI grant program, and will cause no impact to the General Fund, as no matching funds are required.

Attachment A - Resolution 2025-07-15-1207
Attachment B - CEQA Exemption
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ATTACHMENT A
46 ATTACHMENT A
47 State of California • Natural Resources Agency Gavin Newsom, Governor DEPARTMENT OF PARKS AND RECREATION Armando Quintero, Director Division of Boating and Waterways
P.O. Box 942896
Sacramento, California 94296-0001
Steve Colangelo, City Manager
City of Stockton
425 N. El Dorado Street
Stockton, CA 95202
Email: [email protected]
Subject: Louis Park Non-motorized Boat Launching Facility $2,000,000 Construction Grant (Contract C24709007) (Project #1241)
Dear Mr. Colangelo:

Attached is the Agreement between City of Stockton and the Department of Parks and Recreation, Division of Boating and Waterways (DBW) for the above listed project.

Please complete the following items:
__X__ Standard Agreement (STD 213), sign in blue ink or e-sign and date. __X__ CCC 04/2017, enclosed as Exhibit G, have the proper individual complete, sign in blue ink or esign and date. The CCC 04/2017 package contains clauses and conditions that may apply to your Agreement. The CCC will be kept on file in a central location and must be renewed every three (3) years and updated as changes occur.

Return entire Agreement with signatures to [email protected] or one hard copy to the address stated above.

The Agreement Performance Period and Term begin the date the face-page is signed by DBW. DBW will write this date on the blank lines at execution. This Agreement is not binding on either party until approved by DBW. The State will not make payments for any work done or purchases made prior to the Agreement being fully executed.

For inquiries regarding the implementation of this Agreement, please contact Joe Dux at (916) 902- 8822 or by email at [email protected].

For inquiries regarding the processing of this Agreement, please contact me at (916) 902-8293 or by email at [email protected].

Sincerely,
Heidi Burns
Grants and Loans Unit
Attachments
EXHIBIT 1

ATTACHMENT A
48 SCO ID: 3790-(24709007
STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES .---------------.-----------------�

STANDARD AGREEMENT AGREEMENT NUMBER
(24709007
PURCHASING AUTHORITY NUMBER (If Applicable)
STD 213 (Rev. 04/2020)

1. This Agreement is entered into between the Contracting Agency and the Contractor named below:

CONTRACTING AGENCY NAME
Parks and Recreation, Division of Boating and Waterways (Department)

CONTRACTOR NAME
City of Stockton

2. The term of this Agreement is:

START DATE
6/1/2025 or the date signed by the Department (whichever comes later)

THROUGH END DATE
2/1/2027

3. The maximum amount of this Agreement is:
$2,000,000.00 (two million dollars and zero cents)

4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement.

Exhibits Title
Exhibit A Scope of Work
Exhibit B Budget Detail and Payment Provisions
Exhibit C * General Terms and Conditions
Exhibit D Construction Terms
Exhibit E Department of Parks and Recreation, Division of Boating and Waterways Maintenance Guidelines Exhibit F Feasibility Report
Exhibit G Contractor Certification Clauses 4/2017
Items shown with an astensk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto.

These documents can be viewed at https:l/www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.

CONTRACTOR
CONTRACTOR NAME (if other than an individual, state whether a corporation, partnership, etc.) City of Stockton

CONTRACTOR BUSINESS ADDRESS
425 N. El Dorado Street

PRINTED NAME OF PERSON SIGNING
Steve Colangelo

CONTRACTOR AUTHORIZED SIGNATURE
CITY
Stockton
TITLE
Interim City Manager

DATE SIGNED
Pages
1 2
5 17
4 5
5 '

STATE I
ZIP
CA 95202

Page 1 of 2 ends

EXHIBIT 2 ATTACHMENT A
49 SCO ID: 3790-(24709007

STATE OF CALIFORNIA- DEPARTMENT OF GENERAL SERVICES

STANDARD AGREEMENT
STD 213 (Rev. 04/2020)

CONTRACTING AGENCY NAME

AGREEMENT NUMBER
(24709007

STATE OF CALIFORNIA
Parks and Recreation, Division of Boating and Waterways (Department)

CONTRACTING AGENCY ADDRESS
P.O Box 942896

PRINTED NAME OF PERSON SIGNING
Ramona Fernandez

CONTRACTING AGENCY AUTHORIZED SIGNATURE
PURCHASING AUTHORITY NUMBER (If Applicable)
CITY
Sacramento
TITLE
Deputy Director

DATE SIGNED
!
STATE
CA I
ZIP
94296
Page2of2
EXHIBIT 2 ATTACHMENT A
50 Scope of Work
City of Stockton (Contractor) agrees to complete the design, permits, and construction of improvements to the Louis Park non-motorized boat launching facility located at 3121 Monte Diablo Avenue, Stockton, CA 95203, with the funding from this agreement.

1. Engineering - The engineering scope of work includes completing the design and establishing an engineer’s estimate of construction costs for installing a low freeboard float, a gangway, a concrete abutment, steel guide piles, a two-unit restroom, associated utilities, accessible parking with striping, an accessible path of travel to the boat launch, pathway lighting, a retaining wall (if needed for the accessible path), and project credit signage as described in Exhibit F Feasibility Report.

2. Permits - Include but are not limited to: U.S. Army Corps of Engineers Section 404 Permit, California Department of Fish and Wildlife Streambed Alteration Permit, Sec. 1602, California Regional Water Quality Control Board 401 Water Quality Certification, and any additional permits identified as necessary through the CEQA process.

3. Construction – Construct the non-motorized boat launching facility and improvements as identified in the engineering designs detailed in Item 1 above.

Project representatives during the term of this Contract shall be:

Madison Lozada, Administrative Analyst II
City of Stockton
Joe Dux, Project Manager
Division of Boating and Waterways
3121 Monte Diablo Avenue
Stockton, CA 95203
P.O. Box 942896
Sacramento, CA 94296
(209) 937-7541 (916) 902-8822
[email protected] [email protected]
EXHIBIT 2 ATTACHMENT A
51 Budget Detail and Payment Provisions
Invoicing and Payment
For services satisfactorily rendered, and upon receipt and approval of the invoices, the State agrees to compensate the Contractor for actual expenditures incurred in accordance with the project scope and estimated costs up to a maximum of $2,000,000 specified in the Louis Park NMBLF Project Cost Estimate chart provided below.

Budget Contingency Clause
It is mutually agreed that if the Budget Act of the 2021 funding year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the project, this Agreement shall be of no further force and effect. In this event, the State shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other considerations under this Agreement and Contractor shall not be obligated to perform any provisions of this Agreement.

If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this project, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an agreement amendment to Contractor to reflect the reduced amount.

Prompt Payment Clause
Payment will be made in accordance with, and within the time specified in, Government Code Chapter 4.5, commencing with Section 927.

Project Cost Estimate
City of Stockton estimates the project cost total as currently proposed is $2,000,000. The Louis Park NMBLF Project Cost Estimate chart (see page 2) identifies the estimated cost breakdown.

EXHIBIT 2 ATTACHMENT A
52 CONSTRUCTION SCOPE COST ESTIMATE
Mobilization $ 65,000
Demolition 90,000
Low Freeboard Float and Gangway (8 foot by 100 foot) 400,000 Concrete Abutment 50,000
Steel Guide-Piles 105,000
Two-unit Unisex Precast Restroom 160,000
Utilities 229,390
Concrete ADA Parking and Striping 100,000
Accessible Path of Travel from Parking to Restroom to
Boarding Float 80,000
ADA Pathway Lighting 49,500
Retaining Wall 50,000
Project Credit Sign 10,000
Construction Subtotal $ 1,388,889

EXHIBIT C

1. APPROVAL: This Agreement is of no force or effect until signed by both parties and approved by the Department of General Services, if required. Contractor may not commence performance until such approval has been obtained.

2. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or Agreement not incorporated in the Agreement is binding on any of the parties.

3. ASSIGNMENT: This Agreement is not assignable by the Contractor, either in whole or in part, without the consent of the State in the form of a formal written amendment.

4. AUDIT: Contractor agrees that the awarding department, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. Contractor agrees to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated. Contractor agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, Contractor agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896).

5. INDEMNIFICATION: Contractor agrees to indemnify, defend and save harmless the State, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Contractor in the performance of this Agreement.

6. DISPUTES: Contractor shall continue with the responsibilities under this Agreement during any dispute.

7. TERMINATION FOR CAUSE: The State may terminate this Agreement and be relieved of any payments should the Contractor fail to perform the requirements of this Agreement at the time and in the manner herein provided. In the event of such termination the State may proceed with the work in any manner deemed proper by the State. All costs to the State shall be deducted from any sum due the Contractor under this Agreement and the balance, if any, shall be paid to the Contractor upon demand.

EXHIBIT 2 ATTACHMENT A
54 8. INDEPENDENT CONTRACTOR: Contractor, and the agents and employees of Contractor, in the performance of this Agreement, shall act in an independent capacity and not as officers or employees or agents of the State.

9. RECYCLING CERTIFICATION: The Contractor shall certify in writing under penalty of perjury, the minimum, if not exact, percentage of post-consumer material as defined in the Public Contract Code Section 12200, in products, materials, goods, or supplies offered or sold to the State regardless of whether the product meets the requirements of Public Contract Code Section 12209. With respect to printer or duplication cartridges that comply with the requirements of Section 12156(e), the certification required by this subdivision shall specify that the cartridges so comply (Pub. Contract Code §12205).

10. NON-DISCRIMINATION CLAUSE: During the performance of this Agreement, Contractor and its subcontractors shall not deny the contract’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. Contractor and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article. Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.

Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement.

11. CERTIFICATION CLAUSES: The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

12. TIMELINESS: Time is of the essence in this Agreement.

EXHIBIT 2 ATTACHMENT A
55 13. COMPENSATION: The consideration to be paid Contractor, as provided herein, shall be in compensation for all of Contractor's expenses incurred in the performance hereof, including travel, per diem, and taxes, unless otherwise expressly so provided.

14. GOVERNING LAW: This contract is governed by and shall be interpreted in accordance with the laws of the State of California.

15. ANTITRUST CLAIMS: The Contractor by signing this agreement hereby certifies that if these services or goods are obtained by means of a competitive bid, the Contractor shall comply with the requirements of the Government Codes Sections set out below.
a. The Government Code Chapter on Antitrust claims contains the following definitions:
1) "Public purchase" means a purchase by means of competitive bids of goods, services, or materials by the State or any of its political subdivisions or public agencies on whose behalf the Attorney General may bring an action pursuant to subdivision (c) of Section 16750 of the Business and Professions Code.
2) "Public purchasing body" means the State or the subdivision or agency making a public purchase. Government Code Section 4550. b. In submitting a bid to a public purchasing body, the bidder offers and agrees that if the bid is accepted, it will assign to the purchasing body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the bidder for sale to the purchasing body pursuant to the bid. Such assignment shall be made and become effective at the time the purchasing body tenders final payment to the bidder.

Government Code Section 4552.
c. If an awarding body or public purchasing body receives, either through judgment or settlement, a monetary recovery for a cause of action assigned under this chapter, the assignor shall be entitled to receive reimbursement for actual legal costs incurred and may, upon demand, recover from the public body any portion of the recovery, including treble damages, attributable to overcharges that were paid by the assignor but were not paid by the public body as part of the bid price, less the expenses incurred in obtaining that portion of the recovery. Government Code Section 4553.
d. Upon demand in writing by the assignor, the assignee shall, within one year from such demand, reassign the cause of action assigned under this part if the assignor has been or may have been injured by the violation of law for which the cause of action arose and (a) the assignee has not been injured thereby, or (b) the assignee declines to file a court action for the cause of action. See Government Code Section 4554.

EXHIBIT 2 ATTACHMENT A
56 16. CHILD SUPPORT COMPLIANCE ACT: For any Agreement in excess of $100,000, the contractor acknowledges in accordance with Public Contract Code 7110, that:
a. The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and compliance with earnings assignment orders, as provided in Chapter 8 (commencing with section 5200) of Part 5 of Division 9 of the Family Code; and
b. The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is providing the names of all new employees to the New Hire Registry maintained by the California Employment Development Department.

17. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement have force and effect and shall not be affected thereby.

18. PRIORITY HIRING CONSIDERATIONS: If this Contract includes services in excess of $200,000, the Contractor shall give priority consideration in filling vacancies in positions funded by the Contract to qualified recipients of aid under Welfare and Institutions Code Section 11200 in accordance with Pub. Contract Code §10353.

19. SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS:
a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.)
b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)
EXHIBIT 2 ATTACHMENT A
57 20. LOSS LEADER: If this contract involves the furnishing of equipment, materials, or supplies then the following statement is incorporated: It is unlawful for any person engaged in business within this state to sell or use any article or product as a “loss leader” as defined in Section 17030 of the Business and Professions Code. (PCC 10344(e).)

21. GENERATIVE AI DISCLOSURE OBLIGATIONS:
a. The following terms are in addition to the defined terms and shall apply to the Contract:
1) “Generative AI (GenAI)” means an artificial intelligence system that can generate derived synthetic content, including text, images, video, and audio that emulates the structure and characteristics of the system's training data. (Gov. Code § 11549.64.)
b. Contractor shall immediately notify the State in writing if it: (1) intends to provide GenAI as a deliverable to the State; or (2), intends to utilize GenAI, including GenAI from third parties, to complete all or a portion of any deliverable that materially impacts: (i) functionality of a State system, (ii) risk to the State, or (iii) Contract performance. For avoidance of doubt, the term “materially impacts” shall have the meaning set forth in State Administrative Manual (SAM) § 4986.2 Definitions for GenAI.
c. Notification shall be provided to the State designee identified in this Contract.
d. At the direction of the State, Contractor shall discontinue the provision to the State of any previously unreported GenAI that results in a material impact to the functionality of the System, risk to the State, or Contract performance, as determined by the State.
e. If the use of previously undisclosed GenAI is approved by the State, then Contractor will update the Deliverable description, and the Parties will amend the Contract accordingly, which may include incorporating the GenAI Special Provisions into the Contract, at no additional cost to the State. f. The State, at its sole discretion, may consider Contractor’s failure to disclose or discontinue the provision or use of GenAI as described above, to constitute a material breach of Contract when such failure results in a material impact to the functionality of the System, risk to the State, or Contract performance. The State is entitled to seek any and all remedies available to it under law as a result of such breach, including but not limited to termination of the contract.

EXHIBIT 2 ATTACHMENT A
58 CONSTRUCTION TERMS
Table of Contents
ARTICLE 1 - DEFINITIONS ...................................... 2 ARTICLE 2 - CONTRACTOR’S WARRANTIES .......................... 3 ARTICLE 3 - TERM OF CONTRACT ................................. 3 ARTICLE 4 - BUDGET CONTINGENCY ............................... 4 ARTICLE 5 - DISBURSEMENT OF CONTRACT ......................... 5 ARTICLE 6 - DESIGN AND CONSTRUCTION OF PROJECT ............... 6 ARTICLE 7 - COMPLETION OF PROJECT ............................ 9 ARTICLE 8 - OPERATION AND MAINTENANCE OF PROJECT ............. 9 ARTICLE 9 - BREACH OF CONTRACT .............................. 12 ARTICLE 10 - LIABILITY AND FIRE INSURANCE ................... 13 ARTICLE 11 - INSTALLATION OF OTHER FACILITIES ............... 14 ARTICLE 12 - SIGN REFERRING TO DEPARTMENT FINANCING ......... 14 ARTICLE 13 - DIRECTIONAL SIGNS .............................. 15 ARTICLE 14 - WAIVER OF RIGHTS ............................... 15 ARTICLE 15 - PROJECT REPRESENTATIVES ........................ 15 ARTICLE 16 - REMEDIES NOT EXCLUSIVE ......................... 15 ARTICLE 17 - OPINIONS AND DETERMINATIONS .................... 16 ARTICLE 18 - ASSIGNMENT ..................................... 16 ARTICLE 19 - SUCCESSORS AND ASSIGNS OBLIGATED ............... 16 ARTICLE 20 - LIABILITY ...................................... 16 ARTICLE 21 - TERMINATION .................................... 17 ARTICLE 22 - SUPERSEDING GENERAL TERMS AND CONDITIONS (GTC) . 17 EXHIBIT 2 ATTACHMENT A
59 ARTICLE 1 - DEFINITIONS
A. “Budget Act”: The legislative enactment of a budget in support of on-going programs (appropriations) in accordance with the provisions of Section 12 of Article IV of the Constitution of the State of California.

B. “CEQA”: The California Environmental Quality Act.

C. “Commission”: The Boating and Waterways Commission.

D. “Contract”: Legally binding agreement that authorizes funds to finance all or part of the Project Costs.

E. “Contract Performance Period”: The time during which the Contractor may carry out the work authorized by the Contract.

F. “Contractor”: The Entity identified as the Contractor on the Standard Agreement Form 213 of the Contract.

G. “Date of Acceptance”: The date specified on the Project Completion Certification, and which denotes the beginning of the twenty (20) year portion of the Contract term in accordance with Article 3, Subpart A of this Exhibit.

H. “Department”: The Department of Parks and Recreation, Division of Boating and Waterways.

I. “Exhibit F”: The feasibility report, which presents the proposed Project in “concept” form only. The actual Project layout shall be determined by the Contractor and the engineer of record (to be determined) during the design process taking actual site conditions and public safety into account. The Project must meet the scope, cost and intent of this report and shall conform to Department guidelines.

J. “Project”: The construction, improvement or development of a recreational small craft boat launching facility as described in Exhibit F.

K. “Project Area”: The real property, and improvements thereto, identified in Exhibit F, within which the Project will be undertaken.

L. “Project Completion Certification”: A fully executed Notice of Completion, or equivalent, which states the Contractor has accepted the Project as complete on a specific date (Date of Acceptance).

M. “Project Costs”: Engineering, permitting, material and construction costs that are incurred by the Contractor for the purpose of completing the Project. However, Project costs incurred:

EXHIBIT 2 ATTACHMENT A
60 1. Shall not include any indirect or overhead charges,

2. For engineering, permitting and inspection shall be no greater than the combined maximum budget allocation for Engineering, Inspection and Permit Costs as identified in Exhibit F (Louis Park Non-motorized Boat Launching Facility Feasibility Report),

3. For engineering, inspection, and construction management services provided by the Contractor or Contractor’s personnel may only be reimbursed with prior written approval of Department, and

4. Shall not include any expenses incurred prior to the start date of this Contract.

ARTICLE 2 - CONTRACTOR’S WARRANTIES
A. The Contractor warrants that the obligation created by this Contract will not create an indebtedness or liability contrary to the provisions of Section 18 of Article XVI of the Constitution of the State of California.

B. The Contractor warrants that it has title to, or adequate interests in, the Project Area.

Adequate interests include, but are not limited to, the following:

1. Access to the Project Area by a maintained public way,

2. A right of passage over a waterway, open to the public, between the Project Area and navigable waters, and

3. Easements or other rights of way outside the Project Area sufficient to provide utilities and services to the Project.

C. The Contractor warrants that there is no encumbrance, lien, easement, license, title, cloud or other interest that may interfere with the Project Area or use thereof by the public.

ARTICLE 3 - TERM OF CONTRACT
A. This Contract, subject to any provision for prior termination, shall begin on the Contract Start Date and shall continue for twenty (20) years from the Date of Acceptance by the Contractor. If the Date of Acceptance occurs before or after the stated Contract Performance Period end date, the Contract will be amended to reflect the revised 20- year term.

EXHIBIT 2 ATTACHMENT A
61 B. This Contract may be extended, amended or cancelled upon the written agreement of the parties.

C. Failure by the Contractor to comply with the terms of any Department contract may jeopardize the Contractor's ability to be awarded funding in future funding opportunities offered by the Department.

ARTICLE 4 - BUDGET CONTINGENCY
A. Only funds that have been appropriated by the Legislature and approved for expenditure on the Project by the Department, on or before the first date of the Contract Performance Period of this Contract, are authorized for disbursement through this Contract.

B. In the event that the Legislature or Department, for any reason, does not approve sufficient funding for this Project, or should the Contractor be unable to complete the Project within the established budget or otherwise be unable to fund any costs over the established budget, and provided that the Contractor has not accepted any Contract funds, Department shall have no liability to pay any funds whatsoever to the Contractor or to furnish any other consideration under this Contract and the Contractor shall not be obligated to perform any provision of this Contract; this Contract shall be of no further force and effect.

C. In the event that the Legislature or Department does not approve sufficient funds to complete the Project, or should the Contractor be unable to complete the Project within the established budget or otherwise be unable to fund any costs over the established budget, and the Contractor has drawn Contract funds:

1. The Contractor shall repay all drawn Contract funds within ninety (90) days of the end of the fiscal year that such approval is denied, or

2. The Contractor shall complete the Project within the scheduled timeline using the Contractor’s own funds, or
Upon the Department’s discretion,

3. Department and Contractor may agree upon a reduced scope version of the Project to be completed within the scheduled timeline and all funds in excess of those previously appropriated necessary to complete the Project shall come from the Contractor, or
EXHIBIT 2 ATTACHMENT A
62 4. Department and Contractor may, within ninety (90) days of knowledge of such denial, agree that the expenditure of such funds toward the Project constitutes construction completion. The date of such agreement shall become the Date of Acceptance of the Project and the Contractor shall be obligated to perform all non-construction provisions of this Contract for twenty (20) years beyond the Date of Acceptance.

ARTICLE 5 - DISBURSEMENT OF CONTRACT
The Department shall provide a Contract to the Contractor in the maximum amount stated on the face page of the Contract, however:

A. No funds shall be disbursed for work performed prior to the first date of the Contract Performance Period of this Contract.

B. The Department shall have no obligation to disburse any Contract funds for construction activities unless and until the Contractor demonstrates that it has acquired all permits necessary to construct and operate the Project.

C. The Department shall have no obligation to disburse any Contract funds unless and until the Contractor provides the Department with copies of fully executed contracts for which it seeks reimbursement.

D. The Department shall have no obligation to disburse any Contract funds unless and until the Contractor demonstrates that it has satisfactorily complied with the California Environmental Quality Act (CEQA) for the Project.

E. Contract disbursements to cover Project Costs shall be made in arrears as follows:

1. Contractor shall request a Contract disbursement in arrears at least quarterly, but not more frequently than monthly, for any and all reimbursable expenses incurred during that period, using the form provided by the Department unless the Contractor has a form otherwise approved by the Department in writing. Paid invoices or other evidence of the Contractor’s payment of Project Costs must accompany Contract disbursement requests.

2. Contract disbursement requests shall be submitted in duplicate hardcopy to the Department in a form satisfactory to the Department.

3. In the event no reimbursable expenses were incurred during a quarter, the Contractor shall report to the Department of any progress made on the Project, EXHIBIT 2 ATTACHMENT A
63 or explanation of no progress made on the Project, at least quarterly, but not more frequently than monthly.

4. The Department shall withhold from each Contract disbursement an amount equal to ten percent (10%) of each disbursement until the Department has accepted the Project as complete and has approved all Project Costs and all stop notices or other liens have been released.

5. The Contractor shall request the final Contract disbursement no later than thirty (30) days following the Date of Acceptance of the Project by the Contractor.

F. The Department, at its sole discretion, may withhold any Contract disbursement if the Contractor fails to comply with any of the provisions of this Contract or if the Contractor is in breach of any contract with the State or the Department until the breach is remedied.

G. The Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles.

ARTICLE 6 - DESIGN AND CONSTRUCTION OF PROJECT
A. The Contractor shall obtain from the Department advance written approval of the following:

1. All bid documents prior to advertisement including plans and specifications,

2. All subcontracts prior to award,

3. All change orders of $5,000 or more, for any work performed under this Contract, and

4. All changes to Project schedule discussed in Subpart D of this Article, of thirty (30) days or more.

B. All architectural and engineering subcontracts for plans and specifications shall require that the plans and specifications:

1. Be prepared by persons licensed by the State of California to undertake the type of design work required by the Project (engineer's/architect's certificate number to appear on construction contract design documents),

2. Be prepared in conformance with the most recent version of the Department of Boating and Waterways’ Layout & Design Guidelines for Boat Launching Facilities,
EXHIBIT 2 ATTACHMENT A
64 3. Be submitted to the Department in 11” X 17” hardcopy and electronically in full sized and 11” X 17” PDF format. Specifications shall also be submitted in hardcopy and in PDF format,

4. Become the property of the Contractor,

5. Provide for all Project facilities set forth in Exhibit F, and

6. Provide for shore side facilities for removing waste from vessel holding tanks in accordance with Harbors and Navigation Code Section 654.1.

C. All construction contracts for the Project shall:

1. Be awarded in accordance with all applicable laws and regulations,

2. Contain the following clause: “The Department of Parks and Recreation, Division of Boating and Waterways and its agents may, at any and all reasonable times during the term of this Contract, enter the Project Area for purposes of inspecting the Project Area.”

3. Contain a clause stating that the Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee who is employed in the work covered by such contracts or against any applicant for such employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age, marital status, and denial of family care leave, and that such provisions shall include, but not be limited to:
employment, upgrading, promotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship,

4. Contain a clause that the construction contractor shall comply with all air pollution and environmental control rules, regulations, ordinances and statutes which apply to the Project and any work performed pursuant to this Contract,

5. Require that the Project be constructed according to the plans and specifications prepared for the Project, and that quality control shall be performed, and compliance with specifications shall be verified, by qualified professionals selected by the Contractor or Contractor’s representative, and

6. If a boat launching ramp is to be constructed, require the preparation of a concrete test panel as specified in Subpart F of this Article.

EXHIBIT 2 ATTACHMENT A
65 7. Shall contain the requirements of Article 10 Liability and Fire Insurance and Article 20 Liability of this Contract.

D. The Contractor shall, within sixty (60) days of approval of this Contract, provide the Department with a Project schedule showing the proposed dates of the following Project phases or milestones:

1. Beginning and ending dates of Project design consultant selection by the Contractor,

2. Submission of the consultant services agreement to the Department for approval,

3. Beginning and ending of Project design,

4. Submission of plans and specifications to the Department for approval at 30%, 60%, 90% and 100% completion,

5. Beginning and ending dates of Contractor advertising of Project for bids,

6. Project bid opening date,

7. Submission of the construction Contract to the Department for approval,

8. Beginning and ending dates of Project construction,

9. Acceptance of Project by the Contractor, and

10. Submission of a Project Completion Certification to the Department.

E. The Contractor shall provide the Department with a Construction Schedule showing all construction milestones, including the date the v-grooving test panel will be prepared and ready for Department inspection as required by Subpart F below.

F. No placement or v-grooving of concrete for boat launching ramps on the Project shall be allowed until the construction contractor demonstrates proficiency in creating a satisfactory v-grooved surface by preparing a concrete test panel measuring no less than 6 feet by 4 feet. A Department representative must accept the test panel before the construction contractor shall be allowed to place or v-groove concrete for boat launching ramps. Precast boat launching ramp panels are exempt from the test panel requirement but must also be approved by a Department representative prior to placement or installation. Test panels must be adjacent to, but not part of, any ramp work to be completed and must remain accessible until all ramp work is completed and accepted by Department. The Contractor may incorporate the test panel into other concrete work (i.e. trash enclosure, etc.).

G. Prior to the commencement of the construction of the Project, the Contractor shall cause the subcontractor to provide a corporate surety acceptable to the Department to be EXHIBIT 2 ATTACHMENT A
66 furnished in favor of the Contractor and the Department, as their interests may appear, bonds or other security interests as allowed pursuant to Public Contract Code sections 10263 and 22300 in the minimum amounts indicated below:

1. Faithful performance – one-hundred percent (100%) of the total subcontract bid price.

2. Labor and materials – one-hundred percent (100%) of the total subcontract bid price.

H. The Contractor shall provide at least quarterly written reporting to the Department as to the progress and status of the Project using the form provided by the Department unless the Contractor has a form otherwise approved by the Department in writing.

ARTICLE 7 - COMPLETION OF PROJECT
A. The Contractor shall complete the Project no later than February 1, 2027.

B. The Contractor shall provide the following to the Department within sixty (60) days of the Date of Acceptance:

1. A Project Completion Certification (or equivalent)

2. An accounting of all contract funds

3. As-built plans and specifications electronically
ARTICLE 8 - OPERATION AND MAINTENANCE OF PROJECT
A. The Contractor shall not transfer its interest in the Project Area without the written approval of the Department.

B. The Project and all other improvements constructed or placed in the Project Area shall be operated solely as a recreational small craft boat launching facility. Other uses of the facility such as for craft fairs, festivals, SNO-PARKS, special events, storage, transient parking, camping, etc., are not allowed without the prior written permission of the Department.

C. The Project Area shall be open to all recreational vessels, including vessels powered by 2-stroke and 4-stroke gasoline engines, at all times during the term of this Contract except as approved by the Department. Notwithstanding Harbors and Navigation Code section 660, any non-emergency restrictions related to time-of-day use, speed zones, special-use areas, or pollution control measures in the Project Area which result in EXHIBIT 2 ATTACHMENT A
67 closure or partial closure of waterways in the Project Area to any recreational vessel shall be subject to prior approval by the Department. Failure to obtain prior approval of the Department for such restrictions shall constitute a breach of this Contractor and may result in penalties set forth in Article 9 of this Exhibit.

D. The Contractor (or any lessee or concessionaire operating under the authority of the Contractor) shall not charge any fee or combination of fees totaling more than $13.00 to include but not limited to fees for: vessel launch and retrieval, parking, entry, day-use, and water-use. Such funds may be collected and used only to make repairs, renewals, and replacements necessary for the efficient operation of the recreational small craft boat launching facility and to keep the facility in good repair at all times. The total fee charged may be adjusted annually in accordance with percentage changes in the United States Bureau of Labor Statistics Consumer Price Index (CPI) using the U.S. City Average, All Items, 1982-84 = 100, as of the first date of the Contract Performance Period of this Contract. Any adjustment exceeding the annual percentage change in the CPI shall be made only after the Contractor obtains the written approval of the Department. Such rates and fees shall be maintained at a level comparable to those charged at State owned boat launching facilities in the region.

E. The Contractor shall maintain the Project Area and all improvements funded by this Contract in accordance with the Department of Parks and Recreation, Division of Boating and Waterways Maintenance Guidelines (Guidelines), a copy of which is attached to and made a part of this Contract. The Department and its agents may, at any and all reasonable times during the term of this Contract, enter the Project Area for purposes of inspecting the Project Area to determine if the facility is being maintained according to the Guidelines.

1. The Contractor shall provide to the Department, within sixty (60) days of the first date of the Contract Performance Period of this Contract, a maintenance schedule for approval detailing how each objective of the attached Guidelines will be addressed within the Project Area over the term of this Contract. Each objective of the Guidelines must be considered; any objectives that are not applicable to the Contractor shall be included in the schedule with notation that such objective does not apply to this Project Area. The Department shall not unreasonably withhold its approval; however, it is the Contractor’s responsibility to ensure that such maintenance schedule adequately addresses the EXHIBIT 2 ATTACHMENT A
68 Contractor’s responsibilities and each objective. The Department’s written approval of the maintenance schedule shall be required before any funds are disbursed.

2. The Contractor shall comply with the approved maintenance schedule throughout the term of this Contract. Failure to maintain the facility according to the maintenance schedule is a breach of this Contract.

3. Any changes to the maintenance schedule must be approved in writing by the Department.

F. The Department shall not be liable for any costs of maintenance, management, control or operation of the Project Area.

G. The Project Area shall be open and accessible for the use and enjoyment by the general public on equal and reasonable terms.

H. All Project Area facilities shall be maintained and operated with due regard to public safety and in accordance with all applicable laws, ordinances, and regulations. All subcontracts relating to the operation of the Project shall include a nondiscrimination and compliance clause as referenced in Article 6, Subpart C of this Exhibit.

I. All concession agreements for the operation and maintenance of the Project Area must have the written approval of the Department prior to award. The Department will approve such concession agreements only when the Contractor can demonstrate that private sector operation is the best available alternative. Concession agreements of a short-term duration (five years or less) are preferred, with renewal based upon performance reviews by both the local governmental agency and the Department. Any concession agreement for operation and maintenance of greater than five (5) years shall require the concessionaire to make a capital investment, acceptable to the Department, in the Project Area.

J. All concession agreements for operation of the Project shall provide the following:

1. Fees paid to the Contractor by the concessionaire for the operation and maintenance of the Project (usually a percentage of gross receipts) may only be for “reasonable administrative charges” so as not to motivate the Contractor to turn over the operation and maintenance of the Project for purely profit considerations.

2. Fees paid to the concessionaire for use of the facility shall be no greater than those allowed in this Contract.

EXHIBIT 2 ATTACHMENT A
69 3. The concessionaire shall operate the Project and all other improvements placed in the Project Area solely as a recreational small craft boat launching facility unless receiving written permission from the Contractor and the Department for other permanent or special event uses.

4. The Project Area shall be open and accessible for the use and enjoyment by the general public on equal and reasonable terms.

5. All Department signs shall be kept permanently in place.

ARTICLE 9 - BREACH OF CONTRACT
The Department through written notice may require the Contractor to remedy to Department’s satisfaction any breach of this Contract within ninety (90) days of the date of such notice. The Department may extend the time permitting remedy of the breach if the Contractor begins such remedy within the said period; however, if the Contractor fails to proceed with or complete any remedial action within the time allowed, then the Department may take one or more of the following steps:

A. The Department may take any action to correct the breach. The Contractor shall be liable for all costs, including administrative costs, incurred in the course of correcting the breach.

B. The Department may require the Contractor to repay the Department for all Project Costs funded by the Contract. The Contractor shall make such repayment within onehundred and eighty (180) days of the close of the fiscal year within which Department demands repayment. Repayment shall be determined by the Department on a prorated unexpired term basis (the remainder of the twenty (20) year term as determined in Article 3, Subpart A).

C. In the event the Contractor adopts time-of-day, speed zones, special-use area, pollution control measures, or any other restrictions which restrict any or all of the Project Area, or result in its closure or partial closure to any form of recreational vessel, the Department may determine the percentage of boaters affected and may require the Contractor to repay the Contract on a prorated unexpired term basis for that percentage of all Project Costs funded by the Contract. The Contractor shall make such repayment within onehundred and eighty (180) days of the close of the fiscal year within which a Department EXHIBIT 2 ATTACHMENT A
70 demands repayment. Repayment shall be made according to a schedule determined by the Department after consultation with Contractor.

ARTICLE 10 - LIABILITY AND FIRE INSURANCE
A. The Contractor shall, at a minimum, maintain in full force and effect during the term of this Contract the following insurance:

Bodily Injury or Death: $1,000,000 each person
$1,000,000 each occurrence
Property and Product Damage $1,000,000 each occurrence
$1,000,000 aggregate
Fire Insurance 90% of the full insurable value of all
insurable components of the Project.

B. All policy or policies shall contain the following endorsement:

The State of California, its officers, agents, employees and servants are hereby declared to be additional insured under the terms of this policy, as to activities of both the Contractor and the Department in respect to the Project, and this policy shall not be cancelled without thirty (30) days prior written notice to the Department.

C. The Contractor agrees that all contracts between it and the subcontractor (or subcontractors) responsible for construction of the Project shall contain a clause which requires the subcontractor(s) to obtain insurance in the minimum amounts and kinds specified above in Article 10, Subpart A.

D. The insurance requirements specified above in Article 10, Subpart A, may be satisfied to the extent that the Contractor can provide comparable protection for the Contractor and the Department by virtue of the Contractor participation in any "risk management" plan, self-insurance program, insurance pooling arrangement, or any combination of these, provided that the protection plan has been approved by the Department.

E. The Contractor agrees that all subcontracts between it and the designer (or designers) responsible for design and preparation of plans and specifications of the Project shall contain a clause requiring said designer(s) to obtain Architect’s Professional Liability (errors and omissions) Insurance in the amount of $1,000,000.

EXHIBIT 2 ATTACHMENT A
71 F. Copies of any policy or policies, including any new or renewal policy, shall be in a form satisfactory to the Department. Copies of such policy or policies shall be submitted to the Department at least twenty (20) days prior to the effective date or dates thereof.

G. Loss under any fire insurance policy shall be payable to the Department for deposit in an appropriate trust fund with the State of California. The proceeds may be paid to the Contractor upon the Contractor's application for the reconstruction of the destroyed facilities.

H. The Department shall not be responsible for the payment of any premiums or assessments on the Contractor’s insurance policies.

I. The Contractor shall provide proof of insurance to the Department annually and upon written request by the Department.

ARTICLE 11 - INSTALLATION OF OTHER FACILITIES
A. The Contractor may at its own expense place or cause to be placed within the Project Area any structure, alteration, and/or improvement in addition to those set forth and described in Exhibit F, provided that such facilities:

1. Are constructed, maintained and operated for the use, enjoyment, protection and service of the public,

2. Are in compliance with Article 8 of this Exhibit,

3. Do not directly or indirectly reduce the service capabilities for the boating public called for in Exhibit F including the sanitary and parking facilities, and

4. Have the prior written approval of the Department. Approvals shall not be unreasonably withheld.

B. The Department shall not be obligated to make or cause to be made any alteration, improvement, or repair to any facilities within the Project Area in addition to the original construction to the Project as provided for herein.

ARTICLE 12 - SIGN REFERRING TO DEPARTMENT FINANCING
The Contractor shall cause a permanent sign to be installed within the Project Area, which shall include the Department’s logo (to be provided by Department) and a statement that the Department financed the Project. The sign may contain additional statements, which recognize the participation of other government agencies in the Project. The sign shall be installed before EXHIBIT 2 ATTACHMENT A
72 the Project is made available to the public. The standard Department precast concrete sign shall be used unless the Contractor is required to use a different sign style or motif. An electronic drawing of the standard Department Project credit sign shall be furnished by the Department to the Contractor for inclusion in the plans and specifications. The location of the Project credit sign and make-up of a non-standard sign, including the dimensions, materials and lettering, requires the prior approval of the Department.

ARTICLE 13 - DIRECTIONAL SIGNS
The Contractor shall at the direction of the Department cause permanent directional signs to be installed, which shall provide adequate directions for reaching the Project Area. The signs shall be installed on major roads in the area and in as close proximity as possible to freeway exits in conformance with the provisions of the Local Agency’s Development Code and the State Department of Transportation (CalTrans) policy. The locations and make-up of the signs, including the dimensions, materials, and lettering, require the prior approval of the Department.

ARTICLE 14 - WAIVER OF RIGHTS
Any waiver by either party hereto of its rights with respect to a default or any other matter arising in connection with this Contract shall not be deemed to be a waiver with respect to any other default or matter.

ARTICLE 15 - PROJECT REPRESENTATIVES
The Contractor and the Department shall each designate specific staff representatives for the purposes of communication between parties. The Contractor’s representative shall be by delegation of authority, signed by the person designated by resolution to sign the Contract or any amendments, and to make decisions concerning the Contract.

ARTICLE 16 - REMEDIES NOT EXCLUSIVE
The use by either the Department or the Contractor of any remedy specified in this Contract for the enforcement of this Contract is not exclusive and shall not deprive the party using such remedy of, or limit the application of, any other remedy provided by law.

EXHIBIT 2 ATTACHMENT A
73 ARTICLE 17 - OPINIONS AND DETERMINATIONS
Where the terms of this Contract provide for action to be based upon the opinion, judgment, approval, review, or determination of either the Department or Contractor, such terms are not intended to be and shall never be construed as permitting such opinion, judgment, approval, review, or determination to be arbitrary, capricious or unreasonable.

ARTICLE 18 - ASSIGNMENT
No assignment or transfer of this Contract or any part hereof, rights hereunder, or interest herein by the Contractor shall be valid unless and until it is approved by the Department in writing. The Department’s approval shall be granted at its sole discretion and may be made subject to such reasonable terms and conditions as the Department may impose.

ARTICLE 19 - SUCCESSORS AND ASSIGNS OBLIGATED
This Contract and all of its provisions shall apply to and bind the successors and assigns of the parties hereto.

ARTICLE 20 - LIABILITY
A. The Contractor waives all claims and recourse against the Department, including the right to contribution for any losses or damages arising from, growing out of, or in any way connected with or incident to this Contract.

B. The Contractor agrees to indemnify, defend, and hold harmless the Department, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers, and any other person, firm, entity or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Contract, and/or from any and all claims and losses accruing or resulting to any person, firm, entity or corporation who may be injured or damaged by the Contractor in the performance of this Contract.

C. The Contractor shall indemnify, hold harmless, and defend the Department, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability connected with or arising out of the acquisition, design, construction, operation, maintenance, existence or failure of the Project.

EXHIBIT 2 ATTACHMENT A
74 D. If the Department is named as a co-defendant, the Contractor shall notify the Department and represent it unless the Department elects to represent itself. If the Department undertakes its own defense, it shall bear its own litigation costs, expenses and attorney's fees.

ARTICLE 21 - TERMINATION
A. Prior Termination. This Contract shall terminate on the date specified in Article 7, Subpart A of this Exhibit if by such date (1) the Contractor has not met all conditions precedent to disbursement under this Contract, or (2) the Department has disbursed no part of the Contract funds.

B. Termination. In addition to the Department’s right to terminate pursuant to Exhibit C, and as otherwise provided in this Contract, the Department may terminate this Contract without cause upon thirty (30) calendar days advance written notice to the Contractor.

C. In the event of termination, the Contractor shall promptly return all advanced funds to the Department.

ARTICLE 22 - SUPERSEDING GENERAL TERMS AND CONDITIONS (GTC) A. Notwithstanding Paragraph 13 in Exhibit C, payment to the Contractor for expenses shall be limited as provided for in Article 5 of this Exhibit.

B. Paragraph 5 in Exhibit C is replaced by Article 20 of this Exhibit.

EXHIBIT 2 ATTACHMENT A
75 Introduction
This document presents guidelines for meeting the minimum maintenance standards for the operation and maintenance of publicly owned boat launching facilities that are funded by the California Department of Parks and Recreation, Division of Boating and Waterways (DBW).

Because DBW funds these publicly owned facilities, the State has a financial stake in their success. The attached guidelines, developed by DBW, are intended to ensure that DBW funded boat launch facilities are managed and maintained in a manner compatible with DBW’s mission – to provide safe and convenient boating access – and that the public entity owning the facility (the “Agency”) is fulfilling its responsibilities. The Agency’s primary responsibility in this context is maintaining the value of the property, including both tangible site improvements and the intangible value of the boat launch facility’s reputation with the boating public.

Scope
The scope of these guidelines is limited to those items that reflect the quality of the boat launch facility (BLF) and its operations. The seven categories that are addressed are: (1) regular maintenance, (2) major maintenance, (3) boat launch facility staff, (4) boat launch facility operations and administration, (5) boat launch facility regulations, (6) security, and (7) amenities.

The scope does not include financial measures and other items that would be covered separately when a Memorandum of Understanding (MOU), Operating Agreement, Concession Agreement or Lease Agreement occurred between an Agency and an operator. In addition, these guidelines are separate from, and complementary to, the conditions and expectations set forth in any contractual agreement that might exist between the Agency and an operator. These guidelines were developed under the assumption that any contractual obligations, such as financial performance, reporting, and lease payments from an operator to an Agency, would be monitored separately. However, in the event that an Agency contracts out the operation of a BLF to an operator, any agreement between the Agency and the operator must specify that the operator must apply these guidelines and operate and maintain the BLF to at least the minimum condition that would be achieved by following these guidelines.

CONTRACT C24709007

EXHIBIT E
EXHIBIT 2 ATTACHMENT A
76 These guidelines should be applied within the context of the existing maintenance conditions of the boat launch facility. Likewise, they should reflect long-term goals for the boat launch facility.

The three key long-term goals that apply to most publicly owned boat launch facilities are as follows:
 Maintain the boat launch facility to a standard that attracts boaters to the boat launch facility.
 Meet current and long-range needs of the community and of boaters in the region.
 Produce, or set aside, boat launch or parking revenues sufficient to maintain the boat launch facility infrastructure, such as regular slurry sealing and striping of the parking lot, replacement of boarding float flotations as needed, or restroom roof repairs.

The following guidelines represent the minimum that shall be required of an Agency to operate and maintain a DBW funded BLF.

Guidelines
The following table documents, in categories, the minimum outcomes that must be met in a properly maintained DBW funded BLF. The Agency is responsible for preparing, and updating, a maintenance schedule describing, in detail, how each of the objective/outcomes will be addressed by the Agency during the term of the BLF contract. During the contract term, the maintenance schedule shall be updated every five years, and whenever there are changes to the property, expected or unexpected, that might normally require changes in maintenance levels (examples include, but are not limited to, new construction or other major physical and non-physical changes including storm damage, faster than anticipated erosion, or higher than expected usage). In the event that such a change will not require a change in maintenance levels an updated maintenance schedule is still required; and, the Agency must clearly document why no change in service is required.

In order to verify that Agencies are maintaining facilities as required, DBW will make periodic and random inspections of funded BLFs. After an inspection, Agencies will be provided with DBW’s inspection results. In the event that facilities are not being maintained to DBW’s guidelines, the Agency will be required to respond and take corrective action immediately. Agencies that do not maintain their facilities to at least these guidelines will not be considered for future DBW funding.

CONTRACT C24709007

EXHIBIT E
EXHIBIT 2 ATTACHMENT A
77 Category Objectives/Outcomes
A. Regular
Maintenance
Maintenance of existing and new structures and
facilities is conducted on a regular basis to maintain
viability of the boat launch facility. Taking into
account the initial condition of the boat launch
facility, the facilities, including ramps, boarding
floats, restrooms, lighting, and landscaping are
maintained in a safe, neat, sanitary, and orderly
condition.

B. Major
Maintenance
Inspections for possible major maintenance
problems are conducted to prevent the need for
premature replacement of facilities. The boat launch
facility structures are maintained in an acceptable
manner, enhancing the long-term viability of the
boat launch facility and reducing risk to users, the
Agency, and DBW. The facility is maintained in an
insurable condition and is free of defects caused by
neglect. Major maintenance of necessary items is
scheduled and completed in a timely manner and
minimizes degradation of the boat launch facility.

C. Staff Boat launch facility staff, where provided, are qualified, competent, and experienced. Staff are (1)
knowledgeable about boats and boating, (2)
available every day including peak season
holidays, (3) friendly, (4) professional in
appearance, and (5) proactive in meeting the needs
of customers.

CONTRACT C24709007

EXHIBIT E
EXHIBIT 2 ATTACHMENT A
78 Category Objectives/Outcomes
C. Staff (cont.) Boat launch facility staff, where provided, are responsive to customers and maintain a service
orientation. A mechanism to reach staff or other
personnel in off-hours or emergencies is in place.

D. Operations and
Administration
The Operator has a long-range plan to maintain
viability of the boat launch facility that is realistic and reflective of DBW’s mission.

The staff management plan specifies staffing levels
and availability of staff, and procedures for
responses to complaints. All facilities and services
are operated in accordance with hours authorized
in the contract/operating agreement.

E. Regulations The boat launch facility is in compliance with applicable federal, state, and local laws, rules,
regulations, contracts, and restrictions.

F. Security Boat launch facility security is maintained to appropriate guidelines for the region. The Boat
launch facility security system is in place and
operational and law enforcement incidents at the
boat launch facility are at levels similar to other
boat launch facilities in the region.

G. Amenities Amenities provided are in good condition, and help draw customers to the facility.

Revised 01.04.2019
CONTRACT C24709007

EXHIBIT E
EXHIBIT 2 ATTACHMENT A
79 LOUIS PARK NON-MOTORIZED BOAT LAUNCH FACILITY

PROJECT SCOPE AND BUDGET SUMMARY
The Division of Boating and Waterways (DBW) proposes to fund up to $2,000,000 from the Waterways Connection Initiative (WCI) funding to the City of Stockton (City) to engineer, design, acquire permits, and construct non-motorized boating access improvements to the Louis Park Boat Launching Facility (BLF) at 3121 Monte Diablo Ave, Stockton, CA 95203.

PROPOSED PROJECT SCOPE
Engineering, permitting, construction, and inspection of the following items:
• Low Freeboard Float and Gangway (8 foot by 100 foot)
• Concrete Abutment
• Steel Guide-Piles
• Two-Unit Unisex Precast Restroom
• Utilities
• Concrete ADA Parking and Striping
• ADA Path of Travel from parking to restroom to boarding float • ADA Pathway Lighting
• Retaining Wall (if necessary) for ADA-compliant pathway between restroom and beginning of path to the boarding float
• Project Credit Sign
Background:

The Louis Park BLF is in the City of Stockton, in San Joaquin County, about 70 miles east of San Francisco and 40 miles south of Sacramento. The BLF is part of the larger 73 acre Louis Park, a regional park that includes 40 picnic tables, three restrooms, baseball diamonds, basketball courts, tennis and handball courts, and Pixie Woods, a children’s play park.

The BLF provides public boating access from a protected cove at the recently completed Smith Canal flood gate, alongside the San Joaquin River. From there boaters can enter the Deepwater Channel which provides access to over 1,000 miles of Sacramento-San Joaquin Delta waterways.

This waterway is a major artery leading into downtown Stockton. It connects the City to the Pacific Ocean through the San Joaquin River and the Port of Stockton. At the City’s downtown waterfront, boaters can dock at the marina for day use or overnight, and access the downtown waterfront promenade which offers a wide range of dining options and entertainment venues.

EXHIBIT 2 ATTACHMENT A
80 Visitors can explore other boat launching facilities in the area, including the Buckley Cove BLF, located five miles to the northwest on the Stockton Channel, and the Morelli Park BLF, located five miles to the east on the Stockton Channel.

The Louis Park BLF was constructed in 1964 by the City of Stockton. The facility consisted of a two-lane boat launching ramp, a boarding float, a 54 vehicle- trailer parking area, and a fishing access dock.

In FY 2003, the City of Stockton was given a $792,000 Harbors and Watercraft Revolving Fund grant that widened the two-lane boat launching ramp to four launching lanes, added boarding floats, extended the parking area, slurry sealed/restriped the parking area, constructed a sidewalk, installed storm drainage, new lighting, a shade structure, and safety railing.

Waterways Connections Initiative
In FY 2021-22, the Department of Parks and Recreation was allocated approximately $154 million in a direct appropriation from the state’s Budget Act, SB-170. This funding was intended to expand waterway-related outdoor access to under-resourced, underserved, or park-poor urban communities with a population of at least 2,500, that lack connection to waterways. Of this appropriation, DBW was allocated $10 million for local assistance boat launching facility projects that fit this funding criteria.

The City of Stockton has a population of 319,000 and is identified as a disadvantaged community with 15% of the population at or below the poverty level. It is one of the most racially diverse cities in the country. While the City has three public boat launch facilities for motorized vessels, formal facilities for non-motorized boating is insufficient for its population.

Existing Conditions:
• The City recently slurry sealed and striped the parking area. • The concrete v-grooved boat launch ramp and pile-guided boarding floats are in good condition and expected to be operational for at minimum, another 10 years. • The walkway that runs along the north side of the boat launching ramp has many bumps and cracks and is not ADA compliant.
• The existing pile-guided boarding float and gangway that runs parallel to the walkway are dilapidated and not suitable for non-motorized craft. • The City removed the previous restroom building; there currently is no restroom at the facility.

Grant Award Includes:

Funding for reimbursement of costs to design, permit, construct, and inspect the nonmotorized improvements identified above under PROPOSED PROJECT SCOPE. The EXHIBIT 2 ATTACHMENT A
81 PROJECT COST ESTIMATE below and PROPOSED PROJECT SCOPE identified above supersede the City’s application.

The City and DBW agreed to the proposed Louis Park NMBLF Project Cost Estimate in Table 1 below, and DBW’s engineer developed the concept design included on page 5 of this exhibit. The cost estimate (Table 1) and design concept supersede all previous designs and cost estimates and are the basis for this contract.

Project Funding Excludes:

Any costs in excess of $160,000 for the boater restroom, reimbursement for City administration, owner’s representation, project management, CEQA and related studies, picnic tables, shade structures, bike racks, etc., landscaping (unless required by permits), and all other non-boating related park amenities.

Condition: CEQA must be completed, at no expense to the WCI contract, by December 31, 2025. No grant reimbursement will be authorized until the City has demonstrated that CEQA is complete.

EXHIBIT 2 ATTACHMENT A
82 PROJECT METRICS
Annual Launches
Current: According to the City, the facility was closed for the past three years for flood gate construction and did not track annual boat launches at the facility.

Future: The City estimates the annual number of public non-motorized boat launches at the improved facility will be 5,000 per year. This amount factors in participants of club rowing. While clubs may use DBW funded facilities, funding decisions are based on use by the typical public recreational boater, therefore, DBW assumes a more conservative usage of 3,000 non-motorized launches per year.

Annual User Days
A typical non-motorized boat can accommodate one person per vessel. Therefore, DBW estimates that the annual user days for this facility will be 3,000 annual user days.

Unit Day Value

CONSTRUCTION SCOPE COST ESTIMATE
Mobilization $ 65,000
Demolition 90,000
Low Freeboard Float and Gangway (8 foot by 100 foot) 400,000 Concrete Abutment 50,000
Steel Guide-Piles 105,000
Two-unit Unisex Precast Restroom 160,000
Utilities 229,390
Concrete ADA Parking and Striping 100,000
Accessible Path of Travel from Parking to Restroom to
Boarding Float 80,000
ADA Pathway Lighting 49,500
Retaining Wall 50,000
Project Credit Sign 10,000
Construction Subtotal $ 1,388,889

NON-CONSTRUCTION COSTS
Escalation 9% 125,000
Contingency 15% 208,333
Engineering 12% 166,667
Inspection 5% 69,444
Permits 3% 41,667
Non-Construction Subtotal $ 611,111
TOTAL ESTIMATED PROJECT COST $ 2,000,000
Source = Concept/Cost Estimate dated April 2025
*Percentages are of the Construction Subtotal
*3% per year for 3 years = 9% escalation
Table 1: Louis Park NMBLF Project Cost Estimate
EXHIBIT 2 ATTACHMENT A
83 The 2018 California Boating Needs Assessment Study established a unit day value in the Central Valley. The unit day value is an established way to measure recreational benefits boaters gain from the experience of boating on a particular body of water. The unit day value, adjusted for the consumer price index (CPI), is $50.47. DBW estimates that the unit day value for the proposed facility will increase after the facility is improved to $151,410 annually (unit day value x projected annual user days).

Benefit-Cost Ratio
A common method used in the analysis of investments is to establish net present value of the benefits and costs associated with a project. If the Benefit/Cost ratio exceeds “1” then the investment, weighed against available investment alternatives, is worthy of consideration from a financial perspective. The results of this analysis are as follows:

Benefit: The total benefits over the 20-year life of the project are estimated to be $2,370,630.

Cost: Net costs over the 20-year grant period are estimated to be $2,000,160.

Ratio: Assuming a total project cost of $2,000,000 to complete designs, acquire permits, and complete construction, the Benefit-Cost Ratio is 1.19.

EXHIBIT 2 ATTACHMENT A
84 Louis Park NMBLF Concept Design
EXHIBIT 2 ATTACHMENT A
85 CCC 04/2017

CERTIFICATION
I, the official named below, CERTIFY UNDER PENALTY OF PERJURY that I am duly authorized to legally bind the prospective CONTRACTOR to the clause(s) listed below.

This certification is made under the laws of the State of California.

CONTRACTOR/Bidder Firm Name (Printed) Federal ID Number By (Authorized Signature)
Printed Name and Title of Person Signing
Date Executed Executed in the County of

CONTRACTOR CERTIFICATION CLAUSES

1. STATEMENT OF COMPLIANCE: CONTRACTOR has, unless exempted, complied with the nondiscrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102) (Not applicable to public entities.)

2. DRUG-FREE WORKPLACE REQUIREMENTS: CONTRACTOR will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
1) the dangers of drug abuse in the workplace;
2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will:
1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and CONTRACTOR may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the CONTRACTOR has made false certification, or EXHIBIT 2 ATTACHMENT A
86 violated the certification by failing to carry out the requirements as noted above. (Gov.

Code §8350 et seq.)

3. NATIONAL LABOR RELATIONS BOARD CERTIFICATION: CONTRACTOR certifies that no more than one (1) final unappealable finding of contempt of court by a Federal court has been issued against CONTRACTOR within the immediately preceding two-year period because of CONTRACTOR’s failure to comply with an order of a Federal court, which orders CONTRACTOR to comply with an order of the National Labor Relations Board. (Pub. Contract Code §10296) (Not applicable to public entities.)

4. CONTRACTS FOR LEGAL SERVICES $50,000 OR MORE- PRO BONO REQUIREMENT: CONTRACTOR hereby certifies that CONTRACTOR will comply with the requirements of Section 6072 of the Business and Professions Code, effective January 1, 2003.

CONTRACTOR agrees to make a good faith effort to provide a minimum number of hours of pro bono legal services during each year of the contract equal to the lessor of 30 multiplied by the number of full time attorneys in the firm’s offices in the State, with the number of hours prorated on an actual day basis for any contract period of less than a full year or 10% of its contract with the State.

Failure to make a good faith effort may be cause for non-renewal of a state contract for legal services, and may be taken into account when determining the award of future contracts with the State for legal services.

5. EXPATRIATE CORPORATIONS: CONTRACTOR hereby declares that it is not an expatriate corporation or subsidiary of an expatriate corporation within the meaning of Public Contract Code Section 10286 and 10286.1, and is eligible to contract with the State of California.

6. SWEATFREE CODE OF CONDUCT:
a. All Contractors contracting for the procurement or laundering of apparel, garments or corresponding accessories, or the procurement of equipment, materials, or supplies, other than procurement related to a public works contract, declare under penalty of perjury that no apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the state pursuant to the contract have been laundered or produced in whole or in part by sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict labor, indentured labor under penal sanction, abusive forms of child labor or exploitation of children in sweatshop labor. The contractor further declares under penalty of perjury that they adhere to the Sweatfree Code of Conduct as set forth on the California Department of Industrial Relations website located at www.dir.ca.gov, and Public Contract Code Section 6108. b. The CONTRACTOR agrees to cooperate fully in providing reasonable access to the CONTRACTOR’s records, documents, agents or employees, or premises if reasonably required by authorized officials of the contracting agency, the Department of Industrial EXHIBIT 2 ATTACHMENT A
87 Relations, or the Department of Justice to determine the CONTRACTOR’s compliance with the requirements under paragraph (a).

7. DOMESTIC PARTNERS: For contracts of $100,000 or more, CONTRACTOR certifies that CONTRACTOR is in compliance with Public Contract Code section 10295.3.

8. GENDER IDENTITY: For contracts of $100,000 or more, CONTRACTOR certifies that CONTRACTOR is in compliance with Public Contract Code section 10295.35.

DOING BUSINESS WITH THE STATE OF CALIFORNIA
The following laws apply to persons or entities doing business with the State of California.

1. CONFLICT OF INTEREST: CONTRACTOR needs to be aware of the following provisions regarding current or former state employees. If CONTRACTOR has any questions on the status of any person rendering services or involved with the Agreement, the awarding agency must be contacted immediately for clarification.

Current State Employees (Pub. Contract Code §10410):
1). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. 2). No officer or employee shall contract on his or her own behalf as an independent CONTRACTOR with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code §10411):
1). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. 2). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service.

If CONTRACTOR violates any provisions of above paragraphs, such action by CONTRACTOR shall render this Agreement void. (Pub. Contract Code §10420) EXHIBIT 2 ATTACHMENT A
88 Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code §10430 (e))

2. LABOR CODE/WORKERS' COMPENSATION: CONTRACTOR needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and CONTRACTOR affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code Section 3700)

3. AMERICANS WITH DISABILITIES ACT: CONTRACTOR assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

4. CONTRACTOR NAME CHANGE: An amendment is required to change the CONTRACTOR’s 'name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

5. CORPORATE QUALIFICATIONS TO DO BUSINESS IN CALIFORNIA:
a. When agreements are to be performed in the state by corporations, the contracting agencies will be verifying that the contractor is currently qualified to do business in California in order to ensure that all obligations due to the state are fulfilled. b. "Doing business" is defined in R&TC Section 23101 as actively engaging in any transaction for the purpose of financial or pecuniary gain or profit. Although there are some statutory exceptions to taxation, rarely will a corporate contractor performing within the state not be subject to the franchise tax.
c. Both domestic and foreign corporations (those incorporated outside of California) must be in good standing in order to be qualified to do business in California. Agencies will determine whether a corporation is in good standing by calling the Office of the Secretary of State.

6. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

7. AIR OR WATER POLLUTION VIOLATION: Under the State laws, the CONTRACTOR shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

EXHIBIT 2 ATTACHMENT A
89 8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all contractors that are not another state agency or other governmental entity.

EXHIBIT 2 ATTACHMENT A
90 ATTACHMENT B
91 ATTACHMENT B
92 Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING AN AGREEMENT WITH TNB CONSTRUCTION TO

PROVIDE CONSTRUCTION SERVICES FOR IMPROVEMENTS AT LOUIS PARK

BOAT LAUNCH FACILITY
In July 2025, the City was awarded $2 million in grant funding through the Department of Boating and Waterways Waterway Connections Initiative to improve safety, accessibility, and usability at the Louis Park Boat Launch facility. The project was structured into two phases, with phase one focused on permitting and preliminary design services and phase two dedicated to final design and construction; and In September 2025, the City entered into an agreement with Anchor QEA to complete phase one, which included preliminary design and permitting services, which are currently in progress and will transition directly into phase two. Phase two of this project will include final design and construction of the identified improvements; and On February 5, 2026, the City issued a formal bid solicitation (PUR 26-021) for phase two of the Louis Park Boat Launch improvements project, which includes final design and construction services. Three proposals were received in response to the solicitation, and TNB Construction was determined to be the lowest responsive and responsible bidder meeting the project scope requirements; now, therefore

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

1. The City Manager, or designee, is authorized to execute an agreement with TNB Construction (Exhibit 1), in the amount of $1.6 million, to improve the Louis Park Boat Launch facility in accordance with the Department of Boating and Waterways Grant scope.

2. The City Council authorizes a contingency reserve to address unforeseen conditions or scope adjustments that arise during construction for a total project authorization not to exceed $2 million, and authorizes the City Manager, or designee, to approve contract amendments within the authorized contingency amount. //
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93 3. The City Manager, or designee, is authorized to take all appropriate actions to carry out the purpose and intent of the Resolution.

PASSED, APPROVED, AND ADOPTED June 23, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
94 1
(Rev. 03.1.26)

CITY OF STOCKTON

STANDARD AGREEMENT

1. This Agreement is entered into between the City of Stockton (“City”) and TNB Construction (“Contractor”) to provide engineer and construction as set forth in Exhibit A to this Agreement.

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

Commences on: Terminates on:

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

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement.
(a) Exhibit A – Statement of Work
(b) Exhibit B – Insurance
(c) Exhibit C – General Terms & Conditions
(d) Exhibit D – Professional Services Special Terms & Conditions (e) Exhibit E – Compensation Schedule
(f) Exhibit F – Timeline
(g) Exhibit G – Louis Park Non-Motorized Boat Launch Facility Project Scope and Budget Summary
IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
Contractor’s Name (if other than an individual, state whether a corporation, partnership, etc.):

Authorized Signature Date
Printed Name and Title of Person Signing
Address

CITY OF STOCKTON
Johnny Ford, City Manager Date
ATTEST:

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

Marci A. Arredondo, City Attorney
BY:
1,600,000
Agreement Number:

TNB Construction
Brian Swisher President
2620 E 18th Street, Antioch, CA 94509
EXHIBIT 1
95 2
(Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK
Project Description
The project scope is based on the feasibility report and conceptual design submitted to the Division of Boating and Waterway as a part of the Waterways Connection Initiative Grant (see Exhibit G – Louis Park Non-Motorized Boat Launch Facility Project Scope and Budget Summary). The project includes demolition and removal of deteriorated shoreline and dock elements; installation of new gangways, docks, piles, and pedestrian walkways; shoreline protection and erosion control improvements; ADA-accessible pedestrian access upgrades; construction or replacement of site amenities; grading, paving, and surface restoration; and coordination with utility connections and environmental requirements. Final design shall be developed during the design phase and may be refined or modified, subject to applicable review and approval requirements.

1. Project Objectives

1.1 Improve the Louis Park Boat Launch facility to enhance pedestrian safety, accessibility, and usability.

1.2 Replace and upgrade existing shoreline gangway, docks, and associated infrastructure for long-term durability.

1.3 Incorporate non-motorized boating components

1.4 Stabilize and protect the shoreline from erosion and other environmental impacts.

1.5 Upgrade site amenities, including restrooms and ADA compliant pedestrian pathways.

1.6 Ensure compliance with all local, state, and environmental regulations.

2. Project Scope

2.1 Demolition and removal of deteriorated shoreline and dock elements.

2.2 Installation of new gangway, docks, piles, and pedestrian walkways.

2.3 Shoreline protection with riprap and erosion control measures.

2.4 Pedestrian access upgrades meeting ADA standards.

2.5 Construction or replacement of site amenities such as restrooms and lighting.

2.6 Grading, paving, and surface restoration of disturbed areas.

2.7 Coordination with utility connections and adherence to environmental regulations.

3. Specifications
EXHIBIT 1
96 3
(Rev. 10.30.18)

3.1 Demolition and Removal
a. Remove existing floating docks, gangway, piles, deteriorated concrete, riprap, and walkway.
b. Mill and remove existing AC pavement.

3.2 Gangway and Dock Improvements
a. Install aluminum gangway and concrete gangway abutment. b. Install steel piles and new low-freeboard aluminum floating dock. c. Ensure proper alignment and elevation between dock, gangway, and shoreline.

3.3 Walkway and Access Improvements
EXHIBIT 1
97 4
(Rev. 10.30.18)
a. Construct pedestrian walkways, including AC pavement, concrete segments, warning pads, and detectable surfaces. b. Ensure full ADA compliance.

3.4 Shoreline Protection and Stabilization
a. Place riprap in designated areas.
b. Protect against erosion and undermining; protect existing vegetation.

3.5 Site Features and Amenities
a. Install prefabricated ADA-compliant restroom or portable sanitation unit.
b. Coordinate utility connections and preserve existing overhead lights.

3.6 Grading and Surface Restoration
a. Re-pave pedestrian and vehicle paths.
b. Restore disturbed areas to match existing conditions. c. Ensure proper drainage.

3.7 Environmental and Construction Requirements
a. Follow shoreline and environmental standards
b. Install temporary measures to prevent erosion
c. Comply with all local, state, and permitting requirements.

4. Major Deliverables

4.1 Deliverables include, but are not limited to, the following:
i. Demolished and cleared existing docks, gangway, pavement, and shoreline structures.
ii. New gangway and floating dock installed and aligned correctly. iii. ADA-compliant pedestrian walkways and access paths constructed. iv. Shoreline stabilized and protected with riprap.
v. Prefabricated ADA restroom or portable sanitation installed. vi. Graded and restored site surfaces with positive drainage. vii. Environmental compliance documented and maintained throughout construction.

4.2 The Contractor will submit of 30%, 60%, 90%, and 100% plans and specifications to the City in compliance with State requirements.

4.3 Any deliverables not included in this section, but listed in the Bid Package, are still a requirement of this Project and must be completed by the Contractor.

5. Tasks That Support the Deliverables

5.1 Demolition and Removal
a. Survey existing conditions.

EXHIBIT 1
98 5
(Rev. 10.30.18)
b. Remove docks, gangway, piles, pavement, riprap, and concrete structures.
c. Dispose of materials according to environmental guidelines.

5.2 Gangway & Dock Installation
a. Install steel piles per specifications.
b. Construct aluminum gangway and dock.
c. Align and connect dock to shoreline and gangway.

5.3 Walkway & Access Improvements
a. Excavate and prepare pathway base.
b. Install AC pavement and concrete walk segments.
c. Install warning pads and detectable surfaces.

5.4 Shoreline Protection
a. Place and compact riprap.
b. Implement erosion prevention measures.
c. Protect existing trees and shrubs during work.

5.5 Site Amenities
a. Install restroom unit and connect utilities
b. Preserve and protect existing lighting.

5.6 Grading & Surface Restoration
a. Regrade pathways and vehicle surfaces.
b. Restore disturbed areas with matching materials.
c. Verify proper drainage away from pedestrian surfaces.

5.7 The Contractor shall:
a. Each workday, at the beginning or end of each shift, review upcoming and completed work. The City will designate one representative that will coordinate directly with the Contractor to establish a routine meeting time.
b. Jointly conduct a pre-construction Site walk-through (with the City) prior to start of activities to observe and document the existing site conditions and confirm extents of construction as they pertain to offsets from existing site features.
i. The Department of Parks and Recreation, Division of
Boating and Waterways and its agents may, at any and all reasonable times during the term of this Agreement, enter the Project Area for purposes of inspecting the Project Area.” c. Coordinate with the City on a daily basis to inform the City of planned activities for a three (3)-day rolling window. The Contractor must account for these potential inherent delays in its construction sequencing, schedule, and cost.

EXHIBIT 1
99 6
(Rev. 10.30.18)

6. Internal andExternal Standards and Guidelines

6.1 Contract shall comply with all applicable rules and regulations of the State of California and agencies of the U.S. Government.

6.2 The Project must be constructed according to the plans and specifications prepared for the Project, and that quality control shall be performed, and compliance with specifications shall be verified, by qualified professionals selected by the City or City’s representative.
a. No placement or v-grooving of concrete for boat launching ramps on the Project shall be allowed until the construction contractor demonstrates proficiency in creating a satisfactory v-grooved surface by preparing a concrete test panel measuring no less than 6 feet by 4 feet. A Department of Parks and Recreation, Division of Boating and Waterways (DBW) representative must accept the test panel before the construction contractor shall be allowed to place or v-groove concrete for boat launching ramps. Precast boat launching ramp panels are exempt from the test panel requirement but must also be approved by a DBW representative prior to placement or installation.

Test panels must be adjacent to, but not part of, any ramp work to be completed and must remain accessible until all ramp work is completed and accepted by DBW. Contractor may incorporate test panel into other concrete work (i.e. trash enclosure, etc.).

6.3 Ensure project aligns with grant funding requirements from the Division of Boating and Waterways.
a. Construction of the Project shall be prepared and constructed in conformance with the most recent version of the Division of Boating and Waterways’ Layout, Design and Construction Handbook for Small Craft Boat Launching Facilities.
b. Submission of 30%, 60%, 90%, and 100% plans and specifications c. The Contractor and its subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee who is employed in the work covered by such contracts or against any applicant for such employment because of sex, sexual orientation, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age, marital status, genetic information, gender, gender identity, gender expression, military or veteran status and denial of family care leave, and that such provisions shall include, but not be limited to:
employment, upgrading, promotion or transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship.

EXHIBIT 1
100
7 (Rev. 10.30.18)

6.4 The Contractor shall comply with all air pollution and environmental control rules, regulation, ordinances and statutes which apply to the Project and any work performed pursuant to this Agreement.

6.5 The Contractor shall comply with ADA accessibility standards.

6.6 Contractor shall obtain the following regulatory permits:
a. U.S. Army Corps of Engineers Permit
b. Regional Water Quality Control Board 401 Water Quality Certification c. California Department of Fish and Wildlife Lake and Streambed Alteration Agreement
d. California Environmental Quality Act Compliance
e. California State Lands Commission Notification
f. General Waste Discharge Requirements for Maintenance Dredging Operations, Sacramento-San Joaquin Delta, General Order No. R5- 2022-0052.
g. Project Bid Documents
h. All applicable Engineering Standards.

6.7 The Contractor is responsible for public safety measures at all times during completion of the dredging activities.

6.8 The Contractor shall notify the City no less than ten (10) days prior to the start of any construction activities to allow time for public notification.

6.9 Construction shall not start until the City approves the start date.

6.10 Any damage to harbor facilities must be repaired by the Contractor immediately at no cost to the City.

6.11 Contractor shall comply with the following administrative and legal compliance
a. Prior to the commencement of the construction of the Project, the City shall cause the Contractor and a corporate surety acceptable to DBW to furnish in favor of the City and DBW, as their interests may appear, bonds or other security interests as allowed pursuant to the Public Contract Code sections 10263 and 22300 in the following minimum amounts: (1) Faithful Performance – One Hundred Percent (100%) of the total contract bid price; (2) Labor and Materials – One hundred Percent (100%) of the total contract bid price.

7. Criteria of Acceptance for Deliverables

7.1 Any tasks needed to support the deliverables not included in this document, but listed in the Bid Package, are still a requirement of this Project and must be completed by the Contractor.

7.2 Final acceptance will be provided by the DBW after the City has determined that the project objective was achieved, demobilization is EXHIBIT 1
101
8 (Rev. 10.30.18)
completed, and all required submittals have been received and approved by the City.

7.3 All removed materials cleared and disposed of per environmental requirements.

7.4 Gangway, dock, and piles constructed per specified dimensions, materials, and alignment.

7.5 Walkways meet ADA accessibility standards, including warning surfaces.

7.6 Riprap placed correctly to stabilize shoreline and prevent erosion.

7.7 Restroom installed and functional

7.8 Graded and paved areas restored to match existing site conditions and positive drainage.

7.9 Environmental compliance maintained throughout construction.

7.10 Final inspection by City and/or grantor confirms all work meets project specifications.
a. The contractor will be responsible for inspecting work in the amount not to exceed what is listed in the NMBLF Project Cost Estimate (no more than 5% of total construction costs)

8. Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: City: City of Stockton
Attn: City Manager
TNB Construction
Brian Swisher
EXHIBIT 1
102
9 (Rev. 10.30.18)

9. Key Personnel
501 W. Weber Ave
Building 2 - 4th Floor
Stockton, CA 95203
Madison Lozada – Administrative Analyst II

10. Option to Renew.

The term of the Agreement may be extended up to 1 year by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed 3 years.
2620 E 18th Street
Antioch, CA 94509
EXHIBIT 1
103
REV 2025-06-04
Exhibit B1
Insurance Requirements
(Marine Services)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors.

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

1. Marine General Liability (MGL): Insurance Services Office Form CG 00 01 covering MGL on an “occurrence” basis, including protection & indemnity (P&I), hull & machinery coverage, vessel pollution liability, products and completed operations, property damage, bodily injury, with limits no less than $5,000,000 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. 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 $5,000,000 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: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

4. Workers’ Compensation and US Longshore and Harbor (USL&H) Workers' Compensation coverage: as required by the State of California or other licensed entity, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

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

6. Pollution Liability applicable to the work being performed, with a limit no less than $5,000,000 per claim or occurrence and $5,000,000 aggregate per policy period of one year.

EXHIBIT 1
104
REV 2025-06-04

7. Protection & Indemnity Insurance (including crew): Liability for any thirdparty bodily injury or property damage caused by the vessel. This includes injury to the crew. Minimum limits of $1,000,000.

8. Vessel Pollution Liability: applicable to the work being performed, with a limit no less than $5,000,000 per claim or occurrence and $5,000,000 aggregate per policy period of one year.

9. Surety Bonds as described below.

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

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

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

Primary Coverage
For any claims related to this contract, the Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

EXHIBIT 1
105
REV 2025-06-04
Umbrella or Excess Policy
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance.

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

Waiver of Subrogation
Contractor hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy language shall provide, or be endorsed to provide, that the selfinsured retention may be satisfied by either the named insured or City of Stockton.

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

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

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

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

EXHIBIT 1
106
REV 2025-06-04

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid Bond

2. Performance Bond

3. Payment Bond

4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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.

Antioch, CA 94509
EXHIBIT 1
107
REV 2025-06-04
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:

City of Stockton
Its Officers, Officials, Employees, and Volunteers
501 W Weber Ave
Building 1 – 4th Floor
Stockton, CA 95202
EXHIBIT 1
108
Exhibit B2
State Insurance Requirements
Indemnification
The Contractor further agrees to indemnify, defend and save harmless, the Department of Parks and Recreation, Division of Boating and Waterways, its officers, agents and employees from any and all claims and losses accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm, entity or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and/or from any and all claims and losses accruing or resulting to any person, firm, entity or corporation who may be injured or damaged by Grantee in the performance of this Agreement.

EXHIBIT 1
109
(Rev. 11.7.2025) 1

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 the invoice, and if acceptable, make payment on the approved invoice.

3.2 Upon completion of work and acceptance by the City, Contractor shall have sixty (60) days in which to submit final invoice(s) for payment. An extension may be granted by the 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. The Contractor and its approved subcontractors shall keep materials confidential. Materials shall not be used for purposes other than the 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.

EXHIBIT 1
110
(Rev. 11.7.2025) 2

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 the 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, the City will not be responsible for paying 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 the City. Contractor, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of the 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 the City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to the City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. Contractor has control over the manner and means of performing the services under this Agreement. If necessary, Contractor has the responsibility for employing other persons or firms to assist Contractor in fulfilling the terms and obligations under this Agreement.

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

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

10. Subcontractor.

10.1 Subcontractors shall not be recognized as having any direct or contractual relationship with the 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 will be bound by its terms. Contractor is responsible to the 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 EXHIBIT 1
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(Rev. 11.7.2025) 3
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 the 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 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, attorney fees, 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 required herein shall be in writing and shall be sent by certified or EXHIBIT 1
112
(Rev. 11.7.2025) 4
registered mail, postage prepaid, addressed in Exhibit A to this Agreement.

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

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

18. Records and Audits. Contractor shall maintain all records regarding this Agreement and the services performed for a period of three (3) years from the date that final payment is made.

At any time during normal business hours, the records shall be made available to the City to inspect and audit. To the extent Contractor renders services on a time and materials basis, Contractor shall maintain complete and accurate accounting records, in a form prescribed by City or, if not prescribed by City, in accordance with generally accepted accounting principles, such records to include, but not be limited to, payroll records, attendance cards, time sheets, and job summaries.

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

20. Conflicts of Interest. Contractor covenants that, other than this Agreement, Contractor has no financial interest with any official, employee, or other representative of the City. Contractor and its principals do not have any financial interest in real property, sources of income, or investments 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.

Pursuant to Government Code 1090, California Assembly Bill 334: Contractor or Consultants duties and services under this agreement shall not include preparing or assisting the public entity with any portion of the public entity’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the public entity. The public entity entering this agreement shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.

Contractor or Consultants participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor/consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by the contractor pursuant to this agreement.

21. Waiver. In the event either City or Contractor at any time waives 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.

EXHIBIT 1
113
(Rev. 11.7.2025) 5

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

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

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

25. Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.”(42USCSection2000d). 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.

Antioch, CA 94509 c CA 94509
EXHIBIT 1
114
(Rev. 11.7.2025) 6

30. Dispute Resolution; Attorney Fees. Any dispute arising out of or relating to the terms and provisions of this Agreement shall be addressed in good faith by the parties. If a dispute cannot be resolved through informal negotiations, either party may pursue all remedies available under applicable law.

In the event of any dispute between the parties concerning the terms and provisions of this Agreement, the party prevailing in such dispute shall be entitled to collect from the other party all costs incurred, including reasonable attorneys’ fees.

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

32. Entire Agreement, Integration, and Modification.

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

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

33. 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.

34. 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.

EXHIBIT 1
115
1 (Rev. 07.12.22)

EXHIBIT D

PROFESSIONAL SERVICES SPECIAL TERMS AND CONDITIONS

1. Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

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

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible parts of the development process, and often are specified functions or characteristics of the project.

2. General. The following terms and conditions are applicable for the Professional Services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

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

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

3. Time for Performance.

3.1 Contractor shall perform the services according to the schedule contained in Exhibit F.

3.2 Timeliness of Performance i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F. ii) Neither Contractor nor Contractor’s agents, employees nor subcontractors are entitled to any damages from the City, nor is any party entitled to be reimbursed by the City, for damages, charges or other EXHIBIT 1
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2 (Rev. 07.12.22)
losses or expenses incurred by Contractor by reason of delays or hindrances in the performance of the Services, whether or not caused by the City.

4. Standard of Performance
In addition to Exhibit C, Section 4 and 17, Contractor agrees as follows:

4.1 Contractor’s Services shall be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of Contractor’s profession currently practicing under similar conditions. Contractor shall comply with the profession’s standard of performance, applicable laws, regulations, and industry standards. By delivery of completed work, Contractor certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws. If Contractor is retained to perform services requiring a license, certification, registration or other similar requirement under California law, Contractor shall maintain that license, certification, registration or other similar requirement throughout the term of this Agreement.

4.2 Contractor acknowledges that it is entrusted with or has access to valuable and confidential information and records of the City and with respect to that information, Contractor agrees to be held to the standard of care of a fiduciary. Contractor shall assure that all services that require the exercise of professional skills or judgment are accomplished by professionals qualified and competent in the applicable discipline and appropriately licensed, if required by law. Contractor must provide copies of any such licenses. Contractor remains responsible for the professional and technical accuracy of all Services or Deliverables furnished, whether by Contractor or its subcontractors or others on its behalf. All Deliverables must be prepared in a form and content satisfactory to the Using Agency and delivered in a timely manner consistent with the requirements of this Agreement.

4.3 If Contractor fails to comply with the foregoing standards, Contractor must perform again, at its own expense, all Services required to be re-performed as a direct or indirect result of that failure. Any review, approval, acceptance or payment for any of the Services by the City does not relieve Contractor of its responsibility for the professional skill and care and technical accuracy of its Services and Deliverables. This provision in no way limits the City’s rights against Contractor either under this Agreement, at law or in equity.

5. Compensation

5.1 In addition to Section 3 Compensation in Exhibit C – GTC, the Contractor shall be compensated for the services provided under this Agreement as follows:

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed EXHIBIT 1
117
3 (Rev. 07.12.22)
basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.

6. Personnel

6.1 None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written agreement and shall be subject to each provision of this Agreement. Contractor shall provide subcontractor a copy of this fully executed Agreement.

6.2 Contractor agrees to assign only competent personnel according to the reasonable and customary standards of training and experience in the relevant field to perform services under this Agreement. Failure to assign such competent personnel shall constitute grounds for termination of this Agreement. The payment made to Contractor pursuant to this Agreement shall be the full and complete compensation to which Contractor and Contractor’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither Contractor nor Contractor’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the City. The City will not make any federal or state tax withholdings on behalf of Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of Contractor. Contractor shall pay, when and as due, any and all taxes incurred as a result of Contractor’s compensation hereunder, including estimated taxes, and shall provide City with proof of such payments upon request.

6.3 Key Personnel: Because of the special skills required to satisfy the requirements of this Agreement, Contractor shall not reassign or replace key personnel without the written consent of the City, which consent the City will not unreasonably withhold. "key personnel" means those job titles and the persons assigned to those positions in accordance with the provisions of this Agreement. The City may at any time in writing notify Contractor that the City will no longer accept performance of Services under this Agreement by one or more Key Personnel listed. Upon that notice Contractor shall immediately suspend the services of the key person or persons and must replace him or them in accordance with the terms of this Agreement. A list of key personnel is found in Exhibit A, Scope of Services.

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

EXHIBIT 1
118
4 (Rev. 07.12.22)

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

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

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

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

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

EXHIBIT 1
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1 (Rev. 10.30.18)

EXHIBIT E

COMPENSATION SCHEDULE
The Contractor shall be compensated for the services identified in Exhibit A, Exhibit C, and Exhibit D to this Agreement as follows:

1. Project Price

1.1 The maximum the Contractor shall be paid on this Agreement is $1,600,000 (One Million Six Hundred Thousand Dollars) (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

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

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

Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed with approval by the City and State.

1.3 The Contractor shall be entitled to receive payments for its work performed pursuant to the Agreement. The City will pay Contractor based on invoices for acceptable work performed and approved until the “not to exceed” amount is reached. Thereafter, Contractor must complete services based on the Agreement without additional compensation unless there is a material change to the Statement of Work and Scope by a written Amendment.

EXHIBIT 1
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2 (Rev. 10.30.18)

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

1.5 Use of contingency funds, if necessary, may be authorized to address unforeseen conditions or scope adjustments that arise during the performance of the work. Any use of contingency funds shall be processed through a written amendment or change order and shall be subject to review and approval by both the City and DBW, as applicable. Under no circumstances shall use of contingency funds cause the total compensation under this Agreement to exceed the approved grant funding amount ($2,000,000).

1.6 Subcontractor Costs: Compensation for subcontractors shall be limited to the same restrictions imposed on the Contractor. Maximum markup Contractor may apply to subcontractor fees, minus reimbursable expenses, shall not exceed 9%.

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

Task Description Task Price
1 Mobilization $150,000
2 Demolition $185,000
3 In-Water construction $475,000
4 Shoreline Stabilization $65,000
5 ADA Pathway $450,000
6 Restroom Installation $95,000
7 Pathway Resurfacing $60,000
8 Inspection $45,000
TOTAL PRICE $1,525,000

3. Hourly Rates. The following is a list of hourly billable rates that Contractor shall apply for additional services requested of the Contractor. Contractor shall be compensated based on the hourly rates set forth below, on a time and material basis for those services that are within the general scope of services of this Agreement, but beyond the description of services required under Exhibit A, and all services are reasonably necessary to complete the standards of performance required by this Agreement. Any changes and related fees shall be mutually agreed upon between the parties by a written amendment to this Agreement.

Hourly Billable Rate Schedule
Title Role on Project
Hourly
Billable
Rates
Project Manager Project oversight $165.00
Principal Plans and drawings $225.00
Associate Plans and drawings $190.00
Professional Plans and drawings $170.00
EXHIBIT 1
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3 (Rev. 10.30.18)
Civil Engineer Plans and drawings $150.00
Graphic Designer Plans and drawings $125.00
1 Man Survey Crew Engineering $235.00
2 Man Survey Crew Engineering $375.00
Administrative Plans and drawings $120.00

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

Antioch, CA 94509
EXHIBIT 1
122
4 (Rev. 10.30.18)
City of Stockton Department
Attention: Events & Parking
501 W. Weber Ave
Building 2 – 4th Floor
Stockton, CA 95203
EXHIBIT 1
123
1 (Rev, 10.27.22)

EXHIBIT F

TIMELINE

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

1.1 TIMELINE FOR COMPLETION OF WORK

1.1.1 Mobilization – 3 months
• Bonds – 2 weeks
• Construction drawings – 3 months
• Site preparation and security – 2 weeks

1.1.2 Demolition – 1 month
• Demo of pilings – 2 days
• Cleaning up of shoreline – 1 week
• Demo of old dock – 3 days
• ADA improvements – 2 weeks

1.1.3 In-Water Construction – 2-3 weeks
• Pilings – 2 days
• Dock – 2 weeks

1.1.4 Shoreline Stabilization – 1 week
• Adding rip rap – 1 week

1.1.5 ADA Pathway – 3 weeks
• Shoreline pathway – 3 weeks
• ADA improvements around restroom – 3 weeks
• Retaining wall stairs – 2 weeks
• Restroom installation – 1 week
• Asphalt area resurfacing – 2 weeks
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Docuslgn Envelope ID: CD5C1376-7B44-4868-B3F3-48254F763CCA CONTRACT C24709007

EXHIBIT F

LOUIS PARK NON-MOTORIZED BOAT LAUNCH FACILITY

The Louis Park BLF Is in the City of Stockton, in San Joaquin County, about 70 miles east of San Francisco and 40 miles south of Sacramento. The BLF is part of the larger 73 acre Louis Park, a regional park that includes 40 picnic tables, three restrooms, baseball diamonds, basketball courts, tennis and handball courts, and Pixie Woods, a children's play park.

The BLF providEls public boating accl)SS from a protected cove at the recently completed Smith Canal flood gate, alongside the San Joaquin River. From there boaters can enter the Deepwater Channel which provides access to over 1,000 miles of Sacramento-San Joaquin Delta waterways.

This waterway is a major artery leading into downtown Stockton. It connects the City to the Pacific Ocean through the San Joaquin River and the Port of Stockton. At the City's downtown waterfront, boaters can dock at the marina for day use or overnight, and access the downtown waterfront promenade which offers a wide range of dining options and entertainment venues.
11Page
Boating and Waterways Commission Meeting, May 8, 2026
Exhibit G - Louis Park Non-Motorized Boat Launch Facility Project Scope and Budget Summary EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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Antioch
EXHIBIT 1
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EXHIBIT 1
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EXHIBIT 1
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City of Stockton
Legislation Text
File #: 26-0659, Version: 1

APPROVE A MOTION AUTHORIZING FIVE-YEAR AGREEMENTS FOR STOCKTON FIRE

DEPARTMENT TO PROVIDE FIRE AND EMS DISPATCH SERVICES TO REGIONAL PARTNERS

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

1. Approve five-year dispatch service agreements with the City of Manteca, the Lathrop-Manteca Fire Protection District, the South San Joaquin County Fire Authority, and the City of Lodi; and

2. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion
Summary
The Stockton Regional Dispatch Center provides regional fire, Emergency Medical Services (EMS), and ambulance dispatch services to public safety agencies throughout San Joaquin County. Existing dispatch service agreements with the City of Manteca, Lathrop-Manteca Fire Protection District, South San Joaquin County Fire Authority, and City of Lodi expire on June 30, 2026.

The proposed five-year agreements will allow the Stockton Fire Department to continue to provide dispatch services to each of these agencies. Approval of the proposed agreements will generate $1,749,968.23 in revenue during Fiscal Year (FY) 2026-27.

DISCUSSION
Background
On June 22, 2021, Resolution 2021-06-22-1205 authorized the City Manager to enter into Emergency Dispatch Services Agreements between the City of Stockton and City of Lodi, City of Manteca, South San Joaquin County Fire Authority and Lathrop-Manteca Fire Protection District effective July 1, 2021. These agreements will expire June 30, 2026.

Present Situation
Under the current agreements, the annual cost of the Dispatch Center is divided by the total dispatch activity from the preceding calendar year to establish a per-dispatch rate. Participating agencies are then billed quarterly based on actual dispatch activity during the billing period. As a result, annual costs and revenues fluctuate based on actual call volume.

The proposed agreements replace the per-dispatch billing model with a proportional cost allocation City of Stockton Page 1 of 2 Printed on 6/19/2026
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File #: 26-0659, Version: 1
methodology. Under the revised approach, each participating agency's share of total dispatch activity from the preceding calendar year is used to establish a proportional cost allocation for the upcoming fiscal year. That percentage is then applied to the projected Dispatch Center operating budget for the upcoming fiscal year to determine each agency's annual cost allocation. The annual allocation is billed in quarterly installments and remains fixed throughout the fiscal year.

The revised methodology maintains a direct relationship between cost responsibility and system utilization while providing greater budget certainty for both the City and participating agencies.

Because Dispatch Center operating costs are predominantly fixed and are not materially impacted by routine fluctuations in dispatch activity, the revised methodology more accurately reflects the cost of providing dispatch services than a per-dispatch billing model.

The City Council previously approved a dispatch services agreement with the CENCAL Fire and EMS Authority pursuant to Motion No. 2026-04-28-1206 in the amount of $5,122,631.38.

The FY 2026-27 allocations were developed using $9,276,302.03 in Dispatch Center costs applicable to the proposed agreements and Calendar Year 2025 dispatch activity. Based on those factors, FY 2026-27 allocations are as follows:

Total anticipated FY 2026-27 Dispatch Center revenue from contracted agencies is $6,872,599.61.

Beginning in Fiscal Year 2027-28, and annually thereafter, cost allocations will be updated annually to reflect changes in operating costs and dispatch activity.

FINANCIAL SUMMARY
Approval of the proposed agreements will generate $1,749,968.23 in revenue during FY 2026-27.

Combined with the previously approved agreement with the CENCAL Fire and EMS Authority, total anticipated Dispatch Center revenue from participating agencies is $6,872,599.61. Revenue will be recognized in the Fire Department General Fund Emergency Communications Subfund Account 4010-000-446012-100-130-20-40-000-000-.

Attachment A - Agreement with City of Manteca
Attachment B - Agreement with City of Lodi
Attachment C - Agreement with South San Joaquin County Fire Authority Attachment D - Agreement with Lathrop-Manteca Fire Protection District City of Stockton Page 2 of 2 Printed on 6/19/2026
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AGREEMENT FOR FIRE AND EMS DISPATCH SERVICES BY AND BETWEEN The

CITY OF MANTECAAND THE CITY OF STOCKTON
This Agreement (“Agreement”) is entered into as of July 1st, 2026 (the “Effective Date”), by and between the City of Manteca, a California municipal corporation and general law city (“AGENCY”), and the City of Stockton, a California municipal corporation and charter city (“STOCKTON”). AGENCY and STOCKTON may be referred to herein individually as a “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, STOCKTON owns and operates the Stockton Regional Fire and Emergency Medical Dispatch Center (“Dispatch Center”), which provides fire, emergency medical, and emergency ambulance dispatch services (collectively, the “Services”); and WHEREAS, the County of San Joaquin (“County”) awarded emergency ambulance dispatch responsibilities to CENCAL Fire and EMS Authority (“CENCAL”), which has subcontracted the performance of such services to STOCKTON, and STOCKTON is authorized to provide such services within the County; and
WHEREAS, AGENCY desires to contract with STOCKTON for the provision of the Services, whether in whole or in part, subject to the terms and conditions set forth herein.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1. Scope of Services

1.1 Operational Responsibilities of STOCKTON

1.1.1 Operation of Dispatch Center. STOCKTON shall operate the Dispatch Center on a continuous twenty-four (24) hour per day, seven (7) day per week basis and shall provide fire and emergency medical call receipt, interrogation, prioritization, and dispatch services to AGENCY in accordance with this Agreement.

1.1.2 Personnel, Systems, and Equipment. STOCKTON shall maintain sufficient personnel, supervision, systems, facilities, and equipment necessary to perform dispatch services and fulfill the duties and responsibilities set forth in this Agreement.

1.1.3 Call Transfer. STOCKTON shall transfer 9-1-1 calls to other public safety answering points or emergency response agencies as appropriate and consistent with established jurisdictional protocols.

1.1.4 Emergency Line Reception. STOCKTON shall receive emergency calls from 9- 1-1 trunks, ten-digit emergency numbers, ring-down circuits, and other emergency reporting lines provided and funded by AGENCY.

1.1.5 Medical Priority Dispatch System. STOCKTON shall utilize the Medical Priority Dispatch System (MPDS), or a successor IAED-approved protocol system, to perform structured call interrogation, determinant coding, call

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prioritization, and pre-arrival medical instructions in accordance with San Joaquin County EMS Agency requirements and applicable law.

1.1.6 CAD Incident Entry and Dispatch Processing. STOCKTON shall enter and manage incident information within the Computer-Aided Dispatch (“CAD”) system, including verified incident location, reporting party information, call source, MPDS determinant information, incident type codes, and relevant narrative information necessary for dispatch operations.

1.1.7 Event Time Stamping and Status Tracking. STOCKTON shall electronically timestamp critical incident events including call receipt, CAD entry, dispatch, and unit status changes transmitted via radio or Mobile Data Terminals (MDTs).

1.1.8 Dispatch Notification and Alerting. STOCKTON shall review CADrecommended response assignments and notify responding units and stations through available alerting and communications systems, including radio broadcast, tone activation, station alerting systems, Internet Protocol (IP) systems, and MDT messaging.

1.1.9 Radio Communications and Incident Support. STOCKTON shall manage routine and emergency radio communications, track and record apparatus status and availability, and provide ongoing communications support for incidents as required.

1.1.10 CAD Administration and System Management. STOCKTON shall administer, maintain, and support the CAD system utilized for dispatch operations under this Agreement. Such responsibilities shall include system configuration, database administration, user account management, data integrity oversight, and routine system maintenance.

1.1.11 Incident Records and Reporting. STOCKTON shall maintain incident records, call data, timestamps, unit status history, and associated dispatch documentation within CAD in accordance with applicable records retention laws and policies.

STOCKTON shall provide AGENCY with standard operational, statistical, and activity reports derived from CAD and associated systems upon reasonable request.

1.1.12 Access to Information. STOCKTON shall provide AGENCY reasonable access to CAD incident information and related operational data upon request, subject to applicable records retention laws and confidentiality requirements.

1.1.13 Staff Notifications. STOCKTON shall provide notification to designated AGENCY personnel regarding significant incidents, alarms, or operational notifications through approved wireless device protocols or other established notification systems.

1.1.14 Interagency Coordination. STOCKTON shall coordinate communications with other responding agencies, public safety answering points, and supporting departments as required to facilitate effective emergency response.

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1.1.15 Audio Recording and Retention. STOCKTON shall record and retain radio and telephone communications for a minimum period of one hundred eighty (180) days, or longer if required by law or litigation hold.

1.1.16 Performance Standards and Quality Improvement. STOCKTON shall maintain call processing performance standards and implement quality improvement measures designed to support efficient and accurate dispatch operations. STOCKTON's current EMS performance standards are aligned with those established by the San Joaquin County Emergency Medical Services Agency (SJCEMSA) for EMS dispatch services. STOCKTON will make its best effort to dispatch appropriate fire resources within sixty (60) seconds of verification of a dispatchable incident location in ninety percent (90%) of incidents determined through established dispatch protocols to require an emergency response.

Performance measurements may exclude incidents affected by factors outside the reasonable control of the Dispatch Center.

1.1.17 Management and Supervision. STOCKTON shall provide management oversight and supervision of Dispatch Center personnel to ensure effective delivery of dispatch services.

1.1.18 Dispatch Users Group. STOCKTON shall establish and periodically convene a Dispatch Users Group consisting of Fire Chiefs or their designated representatives from participating agencies. The Users Group may provide operational feedback and policy recommendations for consideration by STOCKTON.

1.1.19 Technical Issue Resolution. STOCKTON shall investigate technical issues affecting Dispatch Center systems or performance and shall take reasonable steps to correct such issues or notify affected agencies as appropriate.

1.2 Responsibilities of AGENCY. Unless otherwise agreed in writing, AGENCY shall procure, implement, operate, and maintain all field-based equipment, connectivity, data, and operational interfaces necessary to ensure proper integration with STOCKTON’s Dispatch Center systems. Such responsibilities shall include, but not be limited to, the following:

1.2.1 Fire Station Alerting Systems. AGENCY shall provide and maintain fire station alerting hardware and associated infrastructure capable of receiving and processing dispatch notifications, tone activations, voice broadcasts, and data transmissions originating from the Dispatch Center.

1.2.2 Communications Infrastructure. AGENCY shall provide reliable voice and data communications equipment for all apparatus and personnel operating within its jurisdiction, including mobile and portable radios, mobile data terminals (MDTs), tablets, and associated antennas, power systems, and peripherals compatible with Dispatch Center radio and CAD systems.

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AGENCY facilities. AGENCY shall be responsible for all installation, configuration, and recurring service charges associated with such connectivity.

1.2.4 Mobile Data and Unit Status Systems. AGENCY shall provide equipment and operational systems necessary to support electronic unit status management, incident information exchange, and mobile dispatch functionality, including MDT hardware, tablets, or other approved mobile computing devices.

1.2.5 CAD and Operational Data Interfaces. AGENCY shall provide and maintain all system interfaces necessary for interoperability with Dispatch Center systems, including integration with Records Management Systems (RMS), electronic Patient Care Reporting (ePCR) systems, and other operational databases where applicable.

1.2.6 Geographic Information System (GIS) Data. AGENCY shall provide and maintain accurate and current geographic and mapping data necessary for CAD operations, including street centerline data, jurisdictional boundaries, landmarks, target hazards, freeway and highway information, and other relevant geographic reference data.

1.2.7 System Documentation. AGENCY shall provide and maintain current technical documentation and system diagrams describing AGENCY communications infrastructure and any interfaces with Dispatch Center systems.

1.2.8 Technical Coordination. AGENCY shall designate appropriate radio, alerting, information technology, and communications system personnel responsible for technical coordination with Dispatch Center staff.

1.2.9 Operational Resource Information. AGENCY shall provide and maintain accurate information regarding apparatus, unit identifiers, radio designations, cross-staffed units, specialty resources, and other deployable assets necessary for CAD configuration and dispatch operations.

1.3 Equipment Responsibilities

1.3.1 Line of Demarcation. For purposes of this Agreement, the “Line of Demarcation” shall mean the functional and physical boundary between STOCKTON’s Dispatch Center–based systems and AGENCY’s field-based or facility-based systems.

Equipment, systems, infrastructure, and components forming part of STOCKTON’s core dispatch operations, including dispatch consoles, CAD systems, logging recorders, radio control systems, and central network infrastructure, including the radio/dispatch center core located at 22 E. Weber Ave., Stockton CA, 95202, shall be deemed upstream of the Line of Demarcation and shall be owned, maintained, repaired, replaced, and supported by STOCKTON.

STOCKTON will work with AGENCY to ensure an adequate path of connection to the Dispatch Center and dispatch consoles; however, AGENCY shall bear sole responsibility for all costs associated with establishing, operating, maintaining, repairing, replacing, and supporting such connection. Equipment, systems, infrastructure, and components located at AGENCY facilities or within AGENCY apparatus, including station alerting hardware, mobile and portable radios, mobile

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data terminals (MDTs), in-station connectivity, alerting interfaces, and related peripherals, shall be deemed downstream of the Line of Demarcation and shall be owned, maintained, repaired, replaced, and supported by AGENCY, unless expressly provided otherwise herein. AGENCY acknowledges that the Dispatch Center core is owned and controlled exclusively by STOCKTON. Nothing in this Agreement shall be construed to grant AGENCY any ownership, interest in, right to use, access, connect to, rely upon, or otherwise utilize the Dispatch Center core or associated infrastructure except to the extent expressly authorized in writing by STOCKTON.

1.3.2 General Equipment Obligation. AGENCY shall purchase, install, configure, test, integrate, maintain, repair, and replace all equipment necessary to fulfill its obligations under this Agreement that is downstream of the Line of Demarcation.

Unless expressly provided otherwise, AGENCY shall bear all costs relating to procurement, installation, testing, configuration, shipping, insurance, taxes, antennas, coaxial cabling, light and audio relays, public address systems, speakers, power supplies, connectivity charges, recurring service fees, and any other related components necessary for proper system operation.

1.3.3 Fire Station Alerting Systems. STOCKTON shall provide AGENCY with a list of fire station alerting systems currently supported by the Emergency Communications Division. If AGENCY selects a supported system, STOCKTON shall integrate the system at the Line of Demarcation. AGENCY shall bear all costs associated with equipment and infrastructure downstream of the Line of Demarcation. Maintenance costs for systems and infrastructure upstream of the Line of Demarcation shall be included within the contract cost as provided in Exhibit A. If AGENCY elects to procure or maintain an alerting system not supported by STOCKTON, AGENCY shall bear all costs associated with procurement, integration, implementation, maintenance, repair, replacement, and ongoing support on both sides of the Line of Demarcation.

1.3.4 Future Technology Enhancements. STOCKTON may, from time to time, implement upgrades or new technologies reasonably necessary to maintain regulatory compliance, cybersecurity standards, interoperability, or operational efficiency. To the extent such implementation requires equipment acquisition, modification, or maintenance costs that are the responsibility of AGENCY under this Section, STOCKTON shall provide no less than ninety (90) days’ written notice. Cost responsibility shall be governed by this Section and Exhibit A.

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• AGENCY shall ensure all frontline apparatus and command staff utilize Tablet Command in accordance with Dispatch Center operational protocols; • AGENCY shall bear all costs associated with subscription fees, licensing, maintenance, upgrades, connectivity, and user devices required for Tablet Command functionality; and
• Failure to maintain operational Tablet Command capability may materially impair dispatch efficiency and response coordination and shall constitute a breach of AGENCY’s operational obligations under this Agreement.

2. Compensation

2.1 Compensation. AGENCY shall compensate STOCKTON for all services provided under this Agreement in accordance with Exhibit A to this Agreement.

3. Regional Participation Requirement

3.1 Uniform Execution Requirement. The proportional allocation methodology set forth in Exhibit A is expressly conditioned upon execution of dispatch services agreements for Fiscal Year 2026–2027 by all agencies identified as Core Agencies in Exhibit A.

Each such agreement must incorporate and apply the same proportional allocation methodology, abnormal volume adjustment provisions, and fixed annual obligation provisions set forth in Exhibit A without material deviation.

3.2 Continuing Requirement. The condition set forth in Section 3.1 shall apply not only upon initial execution, but shall continue for the duration of this Agreement. In the event any dispatch services agreement with a Core Agency is amended, modified, or replaced in a manner that materially alters or deviates from the allocation methodology set forth in Exhibit A such deviation shall constitute a failure of the condition precedent.

3.3 Failure of Condition. If the condition described in this Section is not satisfied or ceases to be satisfied, the proportional allocation set forth in Exhibit A shall no longer apply, and the Parties shall convene and negotiate in good faith a replacement compensation structure.

4. Invoices. STOCKTON shall invoice AGENCY on a quarterly basis. For purposes of this Agreement, “quarter” shall mean each three-month period of the fiscal year beginning July 1 and ending June 30.

5. Payment Terms. Payment shall be due within thirty (30) days of receipt of invoice. AGENCY may request an extension to remit payment; however, such extension shall be granted solely at the discretion of STOCKTON.

6. Disputed Amounts. If AGENCY disputes any portion of an invoice, it shall notify STOCKTON in writing within fifteen (15) days of receipt, identifying the specific disputed amount and the basis for the dispute. AGENCY shall pay all undisputed amounts in accordance with the payment terms set forth in this Agreement.

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calculated from the date payment was due until paid. Accrual of interest shall not be deemed a waiver of any other rights or remedies available to STOCKTON under this Agreement.

8. System Modifications

8.1 General. STOCKTON may determine, in its reasonable professional judgment, that modifications, upgrades, replacements, or improvements to dispatch systems, infrastructure, hardware, software, or operational interfaces (“System Modifications”) are necessary to maintain, secure, support, or enhance dispatch operations under this Agreement. System Modifications affecting systems or infrastructure upstream of the Line of Demarcation shall be implemented at STOCKTON’s discretion. System Modifications that require changes to equipment, infrastructure, or systems downstream of the Line of Demarcation may require implementation by AGENCY to maintain compatibility with Dispatch Center systems. Unless otherwise expressly provided in this Agreement, costs associated with System Modifications that are incorporated into the Dispatch Center’s operational systems shall be included in the Dispatch Cost for the subsequent fiscal year and allocated in accordance with the proportional allocation methodology set forth in Exhibit A.

8.2 Emergency Action. If immediate System Modifications are reasonably necessary to preserve the continuity, security, or integrity of dispatch operations or to protect public safety, STOCKTON may implement such modifications without prior approval from AGENCY. STOCKTON shall provide written notice to AGENCY as soon as reasonably practicable following such action, including documentation of the nature of the modification and associated costs. Costs subject to reimbursement shall be allocated in accordance with Exhibit A and reflected on the next regularly occurring invoice following completion of the work.

9. Term and Termination

9.1 Term. This Agreement shall become effective on July 1, 2026 (the “Effective Date”). The Agreement shall remain in full force and effect for a period of five (5) years, unless earlier terminated in accordance with this Section. The Parties may extend the term of this Agreement by written amendment executed by both Parties.

9.2 Termination for Cause. Either Party may terminate this Agreement in the event of a material breach by the other Party. The non-breaching Party shall provide written notice specifying the nature of the breach, and the breaching Party shall have thirty (30) days from receipt of such notice to cure the breach, or such longer period as the non-breaching Party may authorize in writing if the breach is reasonably capable of cure. If the breach is not cured within the applicable period, this Agreement may be terminated upon written notice.

9.3 Termination for Convenience. Either Party may terminate without cause upon not less than twelve (12) months’ prior written notice. In the event AGENCY terminates without cause, AGENCY shall reimburse STOCKTON for documented personnel separation costs, contractual obligations, and unrecovered capital investments reasonably incurred in reliance upon this Agreement.

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9.4 Effect of Termination. Upon expiration or earlier termination of this Agreement STOCKTON shall provide AGENCY with all records, data, and information in STOCKTON’s possession that are necessary for continuity of ambulance dispatch operations. To the extent AGENCY requires STOCKTON’s active assistance in transitioning dispatch services to a successor provider beyond the provision of such records, data, and information, STOCKTON shall make such assistance reasonably available, provided that AGENCY shall compensate STOCKTON for the reasonable and documented costs of such transition services. AGENCY shall compensate STOCKTON for all services rendered through the effective date of termination, including any approved transition services.

10. Confidentiality and Privacy. STOCKTON shall maintain the confidentiality of all records, recordings, data, and information obtained in the course of dispatch services. STOCKTON shall comply with all applicable federal and state privacy laws, including the Health Insurance Portability and Accountability Act (HIPAA) and California medical privacy statutes.

STOCKTON shall not disclose any such information except as necessary to perform its obligations under this Agreement or as otherwise required by law.

11. Insurance. Each Party represents that it maintains, and shall maintain throughout the term of this Agreement, insurance coverage sufficient to support its obligations under this Agreement.

12. Indemnification. To the fullest extent permitted by law, AGENCY shall hold harmless, defend and indemnify 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 AGENCY’s performance 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 STOCKTON. These obligations shall survive the completion or termination of this Agreement.

13. 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 reasonably practicable.

14. No Personal Liability. No official, officer, employee, agent, or representative of either Party shall be personally liable to the other Party for any obligation arising out of this Agreement.

15. Independent Contractor. In performing the obligations set forth in this Agreement, STOCKTON shall have the status of an independent contractor, and STOCKTON shall not be considered to be an employee of the AGENCY for any purpose. All persons working for or under the direction of STOCKTON are its agents and employees and are not agents or employees of AGENCY.

16. 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,

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where applicable, in the Federal District Court of California, Eastern District, Sacramento Division.

17. 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.

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

19. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior negotiations, understandings, or agreements.

20. Amendments. No amendment or modification of this Agreement shall be valid unless made in writing and signed by both Parties.

21. Notices. All notices under this Agreement shall be in writing and delivered personally, by certified mail, or by recognized courier to the addresses below:

AGENCY: City of Manteca STOCKTON: City of Stockton
Attn: City Manager Attn: City Manager
1001 W. Center Street 425 N. El Dorado Street
Manteca, CA 95337 Stockton, CA 95202

22. Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect.

23. Assignment. Neither Party shall assign, delegate, transfer, or subcontract its obligations under this Agreement without the prior written consent of the other Party.

24. 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.

25. 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. (Signature Page to Follow)

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.

CITY OF STOCKTON CITY OF MANTECA
By: _______________________________ By: _______________________________ Johnny Ford, City Manager Toni Lundgren, City Manager
Date: _______________________________ Date: _______________________________ ATTEST: ATTEST:

By: _______________________________ By: _______________________________ Katherine Roland, CMC, CPMC Cassandra Tilton, City Clerk City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________ Marci Arredondo, City Attorney Andy Pinasco, Interim City Attorney

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EXHIBIT A

COMPENSATION FOR DISPATCH SERVICES

1. Definitions and Volume Base

1.1 Billable Dispatch Incident. “Billable Dispatch Incident” means any incident created within STOCKTON’s computer-aided dispatch (CAD) system in which a AGENCY unit is assigned, dispatched, toned, or otherwise deployed in response to a request for service.

Requests may originate from the 9-1-1 system, a public safety answering point (PSAP), a public safety agency, another dispatch center, mutual aid request, field unit request, interfacility request, administrative request, or any other authorized communication channel. A Billable Dispatch Incident shall be deemed to occur upon the assignment or dispatch of a AGENCY unit within the CAD system and shall be counted once per CAD incident number, regardless of the number of units assigned to that incident. Once assigned or dispatched, the incident shall remain billable and shall not be affected by any subsequent cancellation, modification, reassignment, disposition, field activity, or ultimate operational, clinical, or financial outcome associated with the incident.

1.2 Core Agencies. For purposes of allocating Dispatch Cost under this Exhibit, the following agencies shall be included (collectively, the “Core Agencies”):
• City of Stockton
• CENCAL Fire and EMS Authority
• City of Lodi
• South San Joaquin County Fire Authority
• City of Manteca
• Lathrop-Manteca Fire Protection District

2. Annual Cost Calculation. Prior to the beginning of each fiscal year (July 1 – June 30), STOCKTON shall calculate the projected annual cost of operating, maintaining, supporting, and administering the Dispatch Center for the upcoming fiscal year (the “Dispatch Cost”).

Dispatch Cost shall include all direct and indirect costs reasonably related to the Dispatch Center and the provision of dispatch services, including, but not limited to, personnel costs, supervisory and administrative costs, technology costs, facility and maintenance costs, internal service fund charges, citywide cost allocation plan charges, and any other costs reasonably related to the Dispatch Center and its functions.

3. Proportional Allocation Methodology. For each fiscal year, AGENCY’s proportional allocation percentage shall be determined by comparing AGENCY’s Billable Dispatch Incident volume from the most recent completed calendar year to the total Billable Dispatch Incident volume of all Core Agencies for that same calendar year. AGENCY’s annual compensation obligation shall equal such proportional allocation percentage multiplied by the Dispatch Cost for the applicable fiscal year.

4. Abnormal Volume Adjustment.

4.1 Trigger. If the billable dispatch volume of any Core Agency for the most recent completed calendar year reflects a variance of more than ten percent (10%), whether an increase or decrease, compared to that agency’s billable dispatch volume for the

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immediately preceding calendar year, the provisions of this Section shall apply for the upcoming fiscal year only.

4.2 Adjusted Volume Calculation. For purposes of calculating proportional allocation under this Exhibit for the upcoming fiscal year, the affected Core Agency’s billable dispatch volume shall be calculated using the average of that agency’s billable dispatch volume for the three (3) calendar years immediately preceding the most recent completed calendar year.

4.3 Application. The adjusted volume described in Section 4.2 shall be used solely for purposes of determining proportional allocation for the upcoming fiscal year and shall not otherwise modify historical dispatch data.

4.4 Core Agency Consultation. Upon application of this Section, STOCKTON shall provide written notice to the Core Agencies, and the Parties shall convene within sixty (60) days to review the circumstances surrounding the volume variance and the potential budgetary impacts.

4.5 Reversion. For the fiscal year immediately following application of this Section, proportional allocation shall be based on the most recent completed calendar year volume, regardless of variance, and the averaging methodology set forth herein shall not apply in consecutive fiscal years.

5. Fixed Annual Obligation. AGENCY’s proportional allocation of the Dispatch Cost, as determined pursuant to Section 3 of this Exhibit, shall constitute its fixed annual compensation obligation for the applicable fiscal year and shall not be subject to proration. There shall be no reconciliation, adjustment, or true-up based on actual dispatch volume or actual Dispatch Cost during the fiscal year. The full annual compensation obligation shall be due and payable for the fiscal year regardless of the date services commence or terminate.

5.1 Fiscal Year 2026–2027. AGENCY’s fixed annual compensation obligation is $578,616.81.

6. Annual Notice. No later than March 1 of each year, STOCKTON shall provide AGENCY with written notice of AGENCY’S proportional allocation percentage and AGENCY’S fixed annual compensation obligation for the upcoming fiscal year. Upon written request, STOCKTON shall make available supporting dispatch volume data used in calculating such allocation.

6.1 Notwithstanding the foregoing, the Parties agree that execution of this Agreement shall constitute satisfaction of STOCKTON’s annual notice obligation for Fiscal Year 2026– 2027.

7. Addition of Core Agency. In the event an agency not currently receiving dispatch services through the Dispatch Center seeks to enter into an agreement for such dispatch services, the Stockton Fire Chief shall provide written notice to all agencies then designated as Core Agencies. The Parties shall convene within thirty (30) days to review the operational and financial implications of such proposed addition, including whether such agency should be designated as a Core Agency for purposes of this Exhibit. Following completion of this process, the determination whether to designate such agency as a Core Agency shall rest within

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the sole discretion of the Stockton Fire Chief. The Stockton Fire Chief shall provide written notice of such determination to all agencies then designated as Core Agencies. Upon designation as a Core Agency, the list of Core Agencies set forth in Section 1.2 shall be deemed amended prospectively and without the necessity of a formal written amendment to this Agreement.

7.1 Adjustment of Proportional Allocation. In the event the Stockton Fire Chief designates an additional Core Agency, the proportional allocation methodology set forth in Section 3 shall be adjusted as follows:

7.1.1 Participation Beginning July 1. If designation as a Core Agency is effective on July 1 of a fiscal year, allocation for that fiscal year shall be determined as part of the regular annual cost calculation process.

7.1.2 Designation Effective After July 1. If designation as a Core Agency is effective after July 1 of a fiscal year, the proportional allocation methodology set forth in Section 3 of this Exhibit shall be recalculated effective as of the first day of the next occurring fiscal quarter (October 1, January 1, April 1, or July 1), regardless of the new Core Agency’s operational start date. Beginning with that fiscal quarter and for the remainder of the fiscal year, compensation obligations of all Core Agencies shall be adjusted to reflect the revised proportional allocation. No retroactive adjustment shall be made for any period prior to the effective date of such recalculation.

ATTACHMENT A
145

EXHIBIT B

EMERGENCY AMBULANCE DISPATCH SERVICES

1. Applicability. This Exhibit governs the provision of emergency ambulance dispatch services by STOCKTON and shall apply to AGENCY solely with respect to those emergency ambulance dispatch services for which AGENCY owns, operates, or is otherwise financially responsible. In the event AGENCY receives multiple categories of dispatch services under this Agreement, including fire or non-transport emergency medical dispatch services, this Exhibit shall apply only to the emergency ambulance dispatch services component and shall have no application to any other services provided to AGENCY under this Agreement.

2. County Agreement. The Parties acknowledge that CENCAL has been awarded exclusive rights for emergency ambulance dispatch services under the County Agreement, and that CENCAL has subcontracted ambulance dispatch responsibilities to STOCKTON.

2.1 STOCKTON shall perform all emergency ambulance dispatch services required of CENCAL under the County Agreement, including dispatch services for authorized emergency ambulance providers operating within San Joaquin County in full compliance with the County Agreement and SJCEMSA policies, as amended from time to time.

2.2 STOCKTON shall operate the Dispatch Center in a manner sufficient to satisfy all dispatch-related obligations under the County Agreement, including, but not limited to:
a. Countywide emergency ambulance call processing;
b. MPDS-compliant emergency medical dispatch;
c. Air ambulance coordination;
d. Disaster Control Facility functions;
e. Required data reporting and system interfaces;
f. Performance reporting;
g. Access, inspection, and audit compliance; and
h. Continuity of operations.

2.3 STOCKTON shall meet all dispatch performance standards required under the County Agreement and SJCEMSA policy.

1. AGENCY Responsibilities. To the extent AGENCY receives emergency ambulance dispatch services, AGENCY shall comply with all operational, technical, and data interface requirements reasonably necessary to enable STOCKTON to meet the obligations under the County Agreement and SJCEMSA policies. Failure of AGENCY to meet such requirements, to the extent it materially impacts STOCKTON’s ability to comply with the County Agreement, shall constitute a breach of this Agreement.

2. Call Volume and Cost Allocation. All emergency ambulance dispatch activities performed by STOCKTON under this Exhibit shall be treated as Billable Dispatch Incidents and shall be included in AGENCY’s dispatch volume for purposes of Exhibit A.

Notwithstanding Section 1.1 of Exhibit A or any other provision of this Agreement, where

ATTACHMENT A
146
both a fire or non-transport EMS resource and an ambulance resource are assigned or dispatched to the same CAD incident, each such dispatch shall constitute a separate Billable Dispatch Incident for purposes of volume calculation and cost allocation.

ATTACHMENT A
147

AGREEMENT FOR FIRE AND EMS DISPATCH SERVICES BY AND BETWEEN THE

CITY OF LODI AND THE CITY OF STOCKTON
This Agreement (“Agreement”) is entered into as of July 1st, 2026 (the “Effective Date”), by and between the City of Lodi, a California municipal corporation and general law city (“AGENCY”), and the City of Stockton, a California municipal corporation and charter city (“STOCKTON”).

AGENCY and STOCKTON may be referred to herein individually as a “Party” and collectively as the “Parties.”

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1. Scope of Services

1.1 Operational Responsibilities of STOCKTON

ATTACHMENT B
148
prioritization, and pre-arrival medical instructions in accordance with San Joaquin County EMS Agency requirements and applicable law.

STOCKTON shall provide AGENCY with standard operational, statistical, and activity reports derived from CAD and associated systems upon reasonable request.

ATTACHMENT B
149

1.1.17 Management and Supervision. STOCKTON shall provide management oversight and supervision of Dispatch Center personnel to ensure effective delivery of dispatch services.

1.2.3 Network Connectivity. AGENCY shall establish and maintain all telecommunications circuits, network connectivity, and related infrastructure required to ensure reliable communications between the Dispatch Center and AGENCY facilities. AGENCY shall be responsible for all installation, configuration, and recurring service charges associated with such connectivity.

ATTACHMENT B
150

1.3 Equipment Responsibilities

Equipment, systems, infrastructure, and components forming part of STOCKTON’s core dispatch operations, including dispatch consoles, CAD systems, logging recorders, radio control systems, and central network infrastructure located within the Dispatch Center, shall be deemed upstream of the Line of Demarcation and shall be owned, maintained, repaired, replaced, and supported by STOCKTON. Equipment, systems, infrastructure, and components located at AGENCY facilities or within AGENCY apparatus, including station alerting hardware, mobile and portable radios, mobile data terminals (MDTs), instation connectivity, alerting interfaces, and related peripherals, shall be deemed downstream of the Line of Demarcation and shall be owned, maintained, repaired, replaced, and supported by AGENCY, unless expressly provided otherwise herein.

ATTACHMENT B
151
power supplies, connectivity charges, recurring service fees, and any other related components necessary for proper system operation.

1.3.5 Tablet Command. AGENCY shall procure, maintain, and fund all licenses, subscriptions, hardware, connectivity, and related costs necessary to implement and operate the Tablet Command platform (or successor platform designated by STOCKTON) for real-time unit status management, resource deployment, incident tracking, and operational coordination. The Parties acknowledge that Tablet Command is an operationally critical component of the dispatch and field response ecosystem and is required to ensure accurate unit availability, response assignment, accountability, and situational awareness. Accordingly:
• AGENCY shall ensure all frontline apparatus and command staff utilize Tablet Command in accordance with Dispatch Center operational protocols; • AGENCY shall bear all costs associated with subscription fees, licensing, maintenance, upgrades, connectivity, and user devices required for Tablet Command functionality; and
• Failure to maintain operational Tablet Command capability may materially impair dispatch efficiency and response coordination and shall constitute a breach of AGENCY’s operational obligations under this Agreement.

2. Compensation

2.1 Compensation. AGENCY shall compensate STOCKTON for all services provided under this Agreement in accordance with Exhibit A to this Agreement.

3. Regional Participation Requirement

3.1 Uniform Execution Requirement. The proportional allocation methodology set forth in Exhibit A is expressly conditioned upon execution of dispatch services agreements

ATTACHMENT B
152
for Fiscal Year 2026–2027 by all agencies identified as Core Agencies in Exhibit A.

7. Late Payments. Any undisputed amount not paid within thirty (30) days of AGENCY’s receipt of invoice, and for which no extension has been granted by STOCKTON pursuant to Section 5, shall accrue interest at the rate permitted under California law for public agency obligations, calculated from the date payment was due until paid. Accrual of interest shall not be deemed a waiver of any other rights or remedies available to STOCKTON under this Agreement.

8. System Modifications

ATTACHMENT B
153

9. Term and Termination

STOCKTON shall not disclose any such information except as necessary to perform its obligations under this Agreement or as otherwise required by law.

ATTACHMENT B
154

11. Insurance. Each Party represents that it maintains, and shall maintain throughout the term of this Agreement, insurance coverage sufficient to support its obligations under this Agreement.

12. Indemnification. To the fullest extent permitted by law, AGENCY shall hold harmless, defend and indemnify 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 AGENCY’s performance 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 negligence or willful misconduct of STOCKTON. These obligations shall survive the completion or termination of this Agreement.

14. No Personal Liability. No official, officer, employee, agent, or representative of either Party shall be personally liable to the other Party for any obligation arising out of this Agreement.

16. 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.

17. 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.

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

19. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior negotiations, understandings, or agreements.

20. Amendments. No amendment or modification of this Agreement shall be valid unless made in writing and signed by both Parties.

21. Notices. All notices under this Agreement shall be in writing and delivered personally, by certified mail, or by recognized courier to the addresses below:

AGENCY: City of Lodi STOCKTON: City of Stockton
Attn: City Manager Attn: City Manager

ATTACHMENT B
155
310 W. Elm Street 425 N. El Dorado Street
Lodi, CA 95240 Stockton, CA 95202

22. Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect.

23. Assignment. Neither Party shall assign, delegate, transfer, or subcontract its obligations under this Agreement without the prior written consent of the other Party.

25. 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.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.

CITY OF STOCKTON: CITY OF LODI
By: _______________________________ By: _______________________________ Johnny Ford, City Manager Aaron Busch, Interim City Manager Date: _______________________________ Date: _______________________________ ATTEST: ATTEST:

By: _______________________________ By: _______________________________ Katherine Roland, CMC, CPMC Olivia Nashed, City Cleark
City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________ Marci Arredondo, City Attorney John Luebberke, Interim City Attorney

ATTACHMENT B
156

EXHIBIT A

COMPENSATION FOR DISPATCH SERVICES

1. Definitions and Volume Base

4. Abnormal Volume Adjustment.

ATTACHMENT B
157
immediately preceding calendar year, the provisions of this Section shall apply for the upcoming fiscal year only.

5.1 Fiscal Year 2026–2027. AGENCY’s fixed annual compensation obligation is $430,566.34.

6.1 Notwithstanding the foregoing, the Parties agree that execution of this Agreement shall constitute satisfaction of STOCKTON’s annual notice obligation for Fiscal Year 2026– 2027.

ATTACHMENT B
158
the sole discretion of the Stockton Fire Chief. The Stockton Fire Chief shall provide written notice of such determination to all agencies then designated as Core Agencies. Upon designation as a Core Agency, the list of Core Agencies set forth in Section 1.2 shall be deemed amended prospectively and without the necessity of a formal written amendment to this Agreement.

ATTACHMENT B
159

EXHIBIT B

EMERGENCY AMBULANCE DISPATCH SERVICES

2.3 STOCKTON shall meet all dispatch performance standards required under the County Agreement and SJCEMSA policy.

Notwithstanding Section 1.1 of Exhibit A or any other provision of this Agreement, where

ATTACHMENT B
160
both a fire or non-transport EMS resource and an ambulance resource are assigned or dispatched to the same CAD incident, each such dispatch shall constitute a separate Billable Dispatch Incident for purposes of volume calculation and cost allocation.

ATTACHMENT B
161

AGREEMENT FOR FIRE AND EMS DISPATCH SERVICES BY AND BETWEEN THE

SOUTH SAN JOAQUIN COUNTY FIRE AUTHORITY AND THE CITY OF

STOCKTON
This Agreement (“Agreement”) is entered into as of July 1st, 2026 (the “Effective Date”), by and between South San Joaquin County Fire Authority, a joint powers authority (“AGENCY”), and the City of Stockton, a California municipal corporation and charter city (“STOCKTON”). AGENCY and STOCKTON may be referred to herein individually as a “Party” and collectively as the “Parties.”

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1. Scope of Services

1.1 Operational Responsibilities of STOCKTON

ATTACHMENT C
162
prioritization, and pre-arrival medical instructions in accordance with San Joaquin County EMS Agency requirements and applicable law.

STOCKTON shall provide AGENCY with standard operational, statistical, and activity reports derived from CAD and associated systems upon reasonable request.

ATTACHMENT C
163

1.1.17 Management and Supervision. STOCKTON shall provide management oversight and supervision of Dispatch Center personnel to ensure effective delivery of dispatch services.

ATTACHMENT C
164

1.3 Equipment Responsibilities

Equipment, systems, infrastructure, and components forming part of STOCKTON’s core dispatch operations, including dispatch consoles, CAD systems, logging recorders, radio control systems, and central network infrastructure located within the Dispatch Center, shall be deemed upstream of the Line of Demarcation and shall be owned, maintained, repaired, replaced, and supported by STOCKTON. Equipment, systems, infrastructure, and components located at AGENCY facilities or within AGENCY apparatus, including station alerting hardware, mobile and portable radios, mobile data terminals (MDTs), instation connectivity, alerting interfaces, and related peripherals, shall be deemed downstream of the Line of Demarcation and shall be owned, maintained, repaired, replaced, and supported by AGENCY, unless expressly provided otherwise herein.

ATTACHMENT C
165
power supplies, connectivity charges, recurring service fees, and any other related components necessary for proper system operation.

2. Compensation

2.1 Compensation. AGENCY shall compensate STOCKTON for all services provided under this Agreement in accordance with Exhibit A to this Agreement.

3. Regional Participation Requirement

3.1 Uniform Execution Requirement. The proportional allocation methodology set forth in Exhibit A is expressly conditioned upon execution of dispatch services agreements

ATTACHMENT C
166
for Fiscal Year 2026–2027 by all agencies identified as Core Agencies in Exhibit A.

8. System Modifications

ATTACHMENT C
167

9. Term and Termination

STOCKTON shall not disclose any such information except as necessary to perform its obligations under this Agreement or as otherwise required by law.

ATTACHMENT C
168

11. Insurance. Each Party represents that it maintains, and shall maintain throughout the term of this Agreement, insurance coverage sufficient to support its obligations under this Agreement.

14. No Personal Liability. No official, officer, employee, agent, or representative of either Party shall be personally liable to the other Party for any obligation arising out of this Agreement.

17. 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.

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

19. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior negotiations, understandings, or agreements.

20. Amendments. No amendment or modification of this Agreement shall be valid unless made in writing and signed by both Parties.

21. Notices. All notices under this Agreement shall be in writing and delivered personally, by certified mail, or by recognized courier to the addresses below:

AGENCY: South San Joaquin County Fire Authority STOCKTON: City of Stockton Attn: Fire Chief Attn: City Manager

ATTACHMENT C
169
835 N. Central Ave. 425 N. El Dorado Street
Tracy, CA 95376 Stockton, CA 95202

22. Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect.

23. Assignment. Neither Party shall assign, delegate, transfer, or subcontract its obligations under this Agreement without the prior written consent of the other Party.

25. 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.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.

CITY OF STOCKTON: SOUTH SAN JOAQUIN COUNTY

FIRE AUTHORITY
By: _______________________________ By: _______________________________ Johnny Ford, City Manager Randall Bradley, Fire Chief
Date: _______________________________ Date: _______________________________ ATTEST: ATTEST:

By: _______________________________ By: _______________________________ Katherine Roland, CMC, CPMC Nicole Boswell, Clerk of the Board City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________ Marci Arredondo, City Attorney Christina M. Pritchard, General Counsel

ATTACHMENT C
170

EXHIBIT A

COMPENSATION FOR DISPATCH SERVICES

1. Definitions and Volume Base

4. Abnormal Volume Adjustment.

ATTACHMENT C
171
immediately preceding calendar year, the provisions of this Section shall apply for the upcoming fiscal year only.

5.1 Fiscal Year 2026–2027. AGENCY’s fixed annual compensation obligation is $532,267.80

6.1 Notwithstanding the foregoing, the Parties agree that execution of this Agreement shall constitute satisfaction of STOCKTON’s annual notice obligation for Fiscal Year 2026– 2027.

ATTACHMENT C
172
the sole discretion of the Stockton Fire Chief. The Stockton Fire Chief shall provide written notice of such determination to all agencies then designated as Core Agencies. Upon designation as a Core Agency, the list of Core Agencies set forth in Section 1.2 shall be deemed amended prospectively and without the necessity of a formal written amendment to this Agreement.

ATTACHMENT C
173

EXHIBIT B

EMERGENCY AMBULANCE DISPATCH SERVICES

2.3 STOCKTON shall meet all dispatch performance standards required under the County Agreement and SJCEMSA policy.

Notwithstanding Section 1.1 of Exhibit A or any other provision of this Agreement, where

ATTACHMENT C
174
both a fire or non-transport EMS resource and an ambulance resource are assigned or dispatched to the same CAD incident, each such dispatch shall constitute a separate Billable Dispatch Incident for purposes of volume calculation and cost allocation.

ATTACHMENT C
175

ATTACHMENT D

AGREEMENT FOR FIRE AND EMS DISPATCH SERVICES BY AND BETWEEN THE

LATHROP-MANTECA FIRE PROTECTION DISTRICT AND THE CITY OF

STOCKTON
This Agreement (“Agreement”) is entered into as of July 1st, 2026 (the “Effective Date”), by and between the Lathrop-Manteca Fire Protection District, a political subdivision of the State of California (“AGENCY”), and the City of Stockton, a California municipal corporation and charter city (“STOCKTON”). AGENCY and STOCKTON may be referred to herein individually as a “Party” and collectively as the “Parties.”

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties agree as follows:

1. Scope of Services

1.1 Operational Responsibilities of STOCKTON

ATTACHMENT D
prioritization, and pre-arrival medical instructions in accordance with San Joaquin County EMS Agency requirements and applicable law.

STOCKTON shall provide AGENCY with standard operational, statistical, and activity reports derived from CAD and associated systems upon reasonable request.

ATTACHMENT D

1.1.17 Management and Supervision. STOCKTON shall provide management oversight and supervision of Dispatch Center personnel to ensure effective delivery of dispatch services.

ATTACHMENT D

1.3 Equipment Responsibilities

Equipment, systems, infrastructure, and components forming part of STOCKTON’s core dispatch operations, including dispatch consoles, CAD systems, logging recorders, radio control systems, and central network infrastructure located within the Dispatch Center, shall be deemed upstream of the Line of Demarcation and shall be owned, maintained, repaired, replaced, and supported by STOCKTON. Equipment, systems, infrastructure, and components located at AGENCY facilities or within AGENCY apparatus, including station alerting hardware, mobile and portable radios, mobile data terminals (MDTs), instation connectivity, alerting interfaces, and related peripherals, shall be deemed downstream of the Line of Demarcation and shall be owned, maintained, repaired, replaced, and supported by AGENCY, unless expressly provided otherwise herein.

ATTACHMENT D
power supplies, connectivity charges, recurring service fees, and any other related components necessary for proper system operation.

1.3.5 Tablet Command. AGENCY shall procure, maintain, and fund all licenses, subscriptions, hardware, connectivity, and related costs necessary to implement and operate the Tablet Command platform (or successor platform designated by STOCKTON) for real-time unit status management, resource deployment, incident tracking, and operational coordination. The Parties acknowledge that Tablet Command is an operationally critical component of the dispatch and field response ecosystem and is required to ensure accurate unit availability, response assignment, accountability, and situational awareness. Accordingly:
 AGENCY shall ensure all frontline apparatus and command staff utilize Tablet Command in accordance with Dispatch Center operational protocols;  AGENCY shall bear all costs associated with subscription fees, licensing, maintenance, upgrades, connectivity, and user devices required for Tablet Command functionality; and
 Failure to maintain operational Tablet Command capability may materially impair dispatch efficiency and response coordination and shall constitute a breach of AGENCY’s operational obligations under this Agreement.

2. Compensation

2.1 Compensation. AGENCY shall compensate STOCKTON for all services provided under this Agreement in accordance with Exhibit A to this Agreement.

3. Regional Participation Requirement

3.1 Uniform Execution Requirement. The proportional allocation methodology set forth in Exhibit A is expressly conditioned upon execution of dispatch services agreements 180

ATTACHMENT D
for Fiscal Year 2026–2027 by all agencies identified as Core Agencies in Exhibit A.

8. System Modifications

ATTACHMENT D

9. Term and Termination

STOCKTON shall not disclose any such information except as necessary to perform its obligations under this Agreement or as otherwise required by law. 182

ATTACHMENT D

11. Insurance. Each Party represents that it maintains, and shall maintain throughout the term of this Agreement, insurance coverage sufficient to support its obligations under this Agreement.

14. No Personal Liability. No official, officer, employee, agent, or representative of either Party shall be personally liable to the other Party for any obligation arising out of this Agreement.

17. 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.

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

19. Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior negotiations, understandings, or agreements.

20. Amendments. No amendment or modification of this Agreement shall be valid unless made in writing and signed by both Parties.

21. Notices. All notices under this Agreement shall be in writing and delivered personally, by certified mail, or by recognized courier to the addresses below:

AGENCY: Lathrop-Manteca Fire Protection District STOCKTON: City of Stockton Attn: Fire Chief Attn: City Manager
183

ATTACHMENT D
19001 Somerston Parkway 425 N. El Dorado St.

Lathrop, CA 95330 Stockton, CA 95202

22. Severability. If any provision of this Agreement is held invalid or unenforceable, the remainder shall continue in full force and effect.

23. Assignment. Neither Party shall assign, delegate, transfer, or subcontract its obligations under this Agreement without the prior written consent of the other Party.

25. 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.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first above written.

CITY OF STOCKTON: LATHROP-MANTECA

FIRE PROTECTION DISTRICT
By: _______________________________ By: _______________________________ Johnny Ford, City Manager David Bramell, Fire Chief
Date: _______________________________ Date: _______________________________ ATTEST: ATTEST:

By: _______________________________ By: _______________________________ Katherine Roland, CMC, CPMC Hailey Castañeda, Clerk of the Board City Clerk
Approved as to Form: Approved as to Form:
________________________________ ________________________________ Marci Arredondo, City Attorney General Counsel
184

ATTACHMENT D

EXHIBIT A

COMPENSATION FOR DISPATCH SERVICES

1. Definitions and Volume Base

1.2 Core Agencies. For purposes of allocating Dispatch Cost under this Exhibit, the following agencies shall be included (collectively, the “Core Agencies”):
 City of Stockton
 CENCAL Fire and EMS Authority
 City of Lodi
 South San Joaquin County Fire Authority
 City of Manteca
 Lathrop-Manteca Fire Protection District

4. Abnormal Volume Adjustment.

ATTACHMENT D
immediately preceding calendar year, the provisions of this Section shall apply for the upcoming fiscal year only.

5.1 Fiscal Year 2026–2027. AGENCY’s fixed annual compensation obligation is $208,517.28.

6.1 Notwithstanding the foregoing, the Parties agree that execution of this Agreement shall constitute satisfaction of STOCKTON’s annual notice obligation for Fiscal Year 2026– 2027.

ATTACHMENT D
the sole discretion of the Stockton Fire Chief. The Stockton Fire Chief shall provide written notice of such determination to all agencies then designated as Core Agencies. Upon designation as a Core Agency, the list of Core Agencies set forth in Section 1.2 shall be deemed amended prospectively and without the necessity of a formal written amendment to this Agreement.

ATTACHMENT D

EXHIBIT B

EMERGENCY AMBULANCE DISPATCH SERVICES

2.3 STOCKTON shall meet all dispatch performance standards required under the County Agreement and SJCEMSA policy.

Notwithstanding Section 1.1 of Exhibit A or any other provision of this Agreement, where 188

ATTACHMENT D
both a fire or non-transport EMS resource and an ambulance resource are assigned or dispatched to the same CAD incident, each such dispatch shall constitute a separate Billable Dispatch Incident for purposes of volume calculation and cost allocation. 189
City of Stockton
Legislation Text
File #: 26-0680, Version: 1

APPROVE A MOTION FOR THE USE OF COOPERATIVE PURCHASING AGREEMENT WITH LIFE-ASSIST, INC. THROUGH NATIONAL PURCHASING PARTNERS FOR THE PURCHASE OF

EMERGENCY MEDICAL SUPPLIES, PHARMACEUTICALS, EQUIPMENT, AND RELATED

SERVICES

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

1. Approve findings pursuant to Stockton Municipal Code §3.68.070(A)(5) in support of an exception to the competitive bidding process;

2. Approve the use of League of Oregon Cities Master Price Agreement No. PS25830 with LifeAssist, Inc., available through National Purchasing Partners (NPPGov), for the purchase of emergency medical supplies, pharmaceuticals, equipment, and related services for an initial four-year term in an amount not to exceed $445,000; and

3. Authorize the City Manager to take necessary and appropriate actions to carry out the purpose and intent of this motion.

Summary
The Stockton Fire Department (SFD) provides Advanced Life Support (ALS) emergency medical services and is required to maintain inventories of medications, medical supplies, equipment, and related materials necessary to support emergency medical operations. Staff recommends approval of the proposed cooperative purchasing agreement with Life-Assist, Inc. to ensure continued access to competitively priced emergency medical supplies, pharmaceuticals, equipment, and related services necessary to support ongoing Fire Department operations (Attachment A).

DISCUSSION
Background
SFD provides ALS first-response services and maintains an inventory of medications, disposable medical supplies, diagnostic equipment, patient care products, and other EMS-related materials required for emergency operations. Many of these items are consumed during patient care activities and must be routinely replenished to maintain operational readiness and compliance with San Joaquin County Emergency Medical Services Agency requirements.

SFD has maintained a purchasing relationship with Life-Assist and has historically utilized cooperative purchasing agreements to procure EMS supplies and equipment. The City previously City of Stockton Page 1 of 3 Printed on 6/19/2026
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File #: 26-0680, Version: 1
utilized a cooperative purchasing agreement with Life-Assist, Inc. through National Purchasing Partners (NPPGov) for the procurement of emergency medical supplies, pharmaceuticals, equipment, and related services. That agreement concluded on May 29, 2026.

Present Situation
The League of Oregon Cities issued Request for Proposal No. 2535 for Medical Products, Monitors, Software, Data Transmission, and Related Services and subsequently awarded Master Price Agreement No. PS25830 to Life-Assist, Inc. The agreement is available to participating public agencies through National Purchasing Partners (NPPGov).

The cooperative agreement provides discounted pricing on a broad range of emergency medical supplies, pharmaceuticals, diagnostic equipment, life support equipment, and related products utilized in the delivery of Advanced Life Support (ALS) services. Products commonly procured through Life-Assist include medications used to treat cardiac arrest, allergic reactions, respiratory emergencies, seizures, and other life-threatening conditions, intravenous and intraosseous access supplies, airway management equipment, cardiac monitoring accessories, trauma and hemorrhage control supplies, infection control products, and other consumable medical items required for patient care. Many of these products are consumed during emergency responses, have limited shelf lives, or must be replaced after use to maintain required inventory levels on frontline apparatus. Continued access to these supplies is necessary to ensure firefighters and paramedics have the equipment required to provide emergency medical care to the community.

The agreement provides a 31 percent discount off list pricing for most medical and pharmaceutical product categories and a 15 percent discount for specified training and capital equipment categories.

The City's Procurement Division has reviewed the cooperative agreement and determined that it satisfies the City's requirements and provides a cost-effective procurement method for EMS supplies and equipment. Continued participation will allow SFD to maintain uninterrupted access to critical products while benefiting from pricing established through a competitive solicitation process.

FINDINGS
Stockton Municipal Code Section 3.68.070(A)(5) allows an exception to the competitive bidding process, enabling the City to utilize the terms and conditions of a competitively solicited and negotiated cooperative purchasing agreements. The exception applies when the agreement meets the City’s procurement and business needs, and the City Council has approved findings that support and justify the exception. The following findings support and justify an exception under Section

3.68.070(A)(5):

1. Cooperative contracts qualify as an exception to the City’s competitive bidding process as outlined in City Municipal Code §3.68.070(A)(5).

2. The Request for Proposals (RFP) were conducted in line with procurement best practices through an open, competitive, and transparent solicitation process, adhering to all applicable procurement laws and regulations.

3. By leveraging cooperative purchasing agreements, the City can take advantage of discounts that the City could not achieve through its own solicitation.

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File #: 26-0680, Version: 1

FINANCIAL SUMMARY
SFD has an annual budget allocation of approximately $127,000 for emergency medical supplies, equipment, and related services. Sufficient funds are available within Fire Suppression operating accounts 4020-000-650001-100/200-000/202-20-40-000-000 to support purchases under the agreement on an as-needed basis. The proposed four-year agreement has a total not-to-exceed amount of $445,000.

Attachment A - Life Assist Coop Agreement
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1 (Rev. 3.13.2026)

COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:

1. Cooperative/Piggyback
Name:

National Purchasing Partners, LLC and League of Oregon
Cities

2. Contractor: Life-Assist, Inc.

3. Cooperative Agency
Agreement Name and
Agreement Number:

Medical Products, Monitors, Software, Data
Transmission, and Related Services, Agreement Number
PS25830

4. Cooperative Agency Initial
Agreement Term:

Start Date: November 19, 2025
End Date: November 18, 2029

5. Cooperative Agency’s
Agreement-Options to
extend:
one (1) one-year extension

6. Cooperative Agency
Amended Term:

N/A

7. Cooperative Agency
Remaining Options to
Renew:
one (1) one-year extension remaining

8. City of Stockton
Cooperative Purchase
Agreement Term:

Start Date: June 1, 2026
End Date: November 18, 2029

9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:

Not to Exceed $445,000 for the term of the agreement

ATTACHMENT A
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2 (Rev. 3.13.2026)

AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced Agreement Number PS25830 (“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/ Piggyback Purchase Agreement (“Agreement”).

Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.

1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through November 18, 2029, unless terminated earlier by the City. If the Cooperative/Piggyback Agency extends the COOP with Contractor, the City has the option to extend the term of this Agreement by written amendment not to go beyond the term stated in the COOP.

2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.

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

3. Compensation: City and Contractor do hereby enter into this Agreement for Medical Products, Monitors, Software, Data Transmission, and Related Services, available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor during the term of this Agreement exceed $445,000 for the purchase of Medical Products, Monitors, Software, Data Transmission, and Related Services. Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.

ATTACHMENT A
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ATTACHMENT A
195

LEAGUE OF OREGON CITIES
Request for Proposal No. 2535

MEDICAL PRODUCTS, MONITORS, SOFTWARE, DATA

TRANSMISSION, AND RELATED SERVICES

SECOND CLOSE DATE EXTENSION AND ALTERNATIVE

SUBMISSION METHOD
Issued by: LEAGUE OF OREGON CITIES (LOC)
Date: July 25, 2025
Due to technical difficulties with the designated proposal submission platform, which previously prevented proposers from submitting their proposals, the LEAGUE OF OREGON CITIES (LOC) is issuing a second extension for the due date of Request for Proposal (RFP) No. 2535. The new deadline for submission of proposals is 11:59 PM PDT on Monday, August 4, 2025.

1. Background and Rationale for Extension
• The original due date for RFP No. 2535 was July 21, 2025. • On July 21, 2025, the designated proposal submission platform experienced a technical failure, preventing proposers from uploading their proposals. As a result, the due date was extended to July 28, 2025. • Although the technical issues with the platform have now been resolved, the LOC is extending the deadline to provide sufficient time for all proposers to prepare and submit their proposals, accounting for any disruptions caused by the earlier outage.

2. Submission Methods
The designated proposal submission platform is now fully operational, and the LOC encourages proposers to use this method for submitting their proposals. To accommodate any potential concerns, an alternative submission method via email is also available:
• Online Submission Link (Preferred): Proposers are strongly encouraged to submit their proposals via the online submission link provided in the RFP. This is the preferred method, as it ensures secure and streamlined processing of proposals. • Email Submission (Alternative): As an alternative, proposers may submit their proposals via email to [email protected]. All proposal documents must be attached to the email and received by the new deadline. This option is provided to ensure flexibility, but proposers are advised to use the online submission link whenever possible.

3. Consideration of Previous Submissions
• The LOC recognizes that some proposers may have successfully submitted proposals via the online submission link prior to the technical issues. These submissions will be honored and included in the evaluation process. • Proposers who have already submitted via the online link are not required to resubmit. If proposers wish to confirm that their submission was received, they may contact the LOC via email at [email protected].

4. Submission Deadline and Requirements
• All proposals, regardless of submission method, must be received by 11:59 PM PDT on Monday, August 4, 2025. • Late submissions will not be considered.
• Proposers are responsible for ensuring their submissions are complete and comply with all requirements outlined in RFP No. 2535.

5. Submission Platform Status
The technical issues with the designated proposal submission platform have been resolved, and it is now fully operational. The LOC will continue to monitor the platform to ensure its reliability through the submission period. Proposers are encouraged to use the online submission link as the primary method but may utilize the email option if preferred.

ATTACHMENT A
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6. Adjusted Subsequent Contract Milestone Dates
Proposed Opening Date: August 5, 2025
Approximate Selection and Negotiation Period: August 5, 2025 to August 26, 2025 Approximate Intent to Award Announcement: August 27, 2025

7. Inquiries
For questions or concerns regarding this amendment, the submission process, or RFP No. 2535 in general, please direct inquiries to:

LEAGUE OF OREGON CITIES
Attn: Kevin Toon
Email: [email protected]
The LOC sincerely apologizes for any inconvenience caused by these unforeseen technical difficulties and appreciates the patience and understanding of all proposers. We remain dedicated to ensuring a fair, transparent, and accessible procurement process and will provide further updates as necessary.

ATTACHMENT A
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LEAGUE OF OREGON CITIES
Request for Proposal No. 2535

MEDICAL PRODUCTS, MONITORS, SOFTWARE, DATA

TRANSMISSION, AND RELATED SERVICES

CLOSE DATE EXTENSION
Due to a technical issue with the proposal submission website, which may have impacted proposers' ability to submit their proposals, the deadline for submitting proposals for MEDICAL PRODUCTS, MONITORS, SOFTWARE, DATA TRANSMISSION, AND RELATED SERVICES RFP #2535 has been extended. The new submission deadline is 11:59 PM PDT on Monday, July 28, 2025. All subsequent contract milestone dates have been adjusted accordingly.

The deadline for submission of proposals is 11:59 PM PDT on Monday, July 28, 2025.

All Proposals must be signed and uploaded to the designated website link listed on the first page of MEDICAL PRODUCTS, MONITORS, SOFTWARE, DATA TRANSMISSION, AND RELATED SERVICES RFP #2535. Only those proposals received at the designated website by the due date and time will be considered.

Proposed Opening Date: July 29, 2025
Approximate Selection and Negotiation Period: July 29, 2025 to August 19, 2025 Approximate Intent to Award Announcement: August 20, 2025 INQUIRIES:
[email protected]
or
LOC “MEDICAL PRODUCTS, MONITORS, SOFTWARE, DATA TRANSMISSION, AND RELATED SERVICES” RFP #2535

LEAGUE OF OREGON CITIES
c/o Kevin Toon
1201 Court St.

NE Suite 200
Salem, OR 97301
NOTE: LEAGUE OF OREGON CITIES PUBLISHES ITS NOTICE OF SOLICITATIONS IN THE OREGON DAILY JOURNAL OF COMMERCE, USA TODAY, AND ONLINE AT www.orcities.org and www.nppgov.com.

REQUESTS FOR PROPOSALS (RFPs) ARE AVAILABLE FOR VIEWING AND/OR DOWNLOADING ONLINE AT www.orcities.org and www.nppgov.com.

ATTACHMENT A
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NOTICE OF SOLICITATION

LEAGUE OF OREGON CITIES
RFP NUMBER 2535
SOLICITATION FOR: MEDICAL PRODUCTS, MONITORS, SOFTWARE, DATA TRANSMISSION, AND RELATED

SERVICES
Notice is hereby given that the LEAGUE OF OREGON CITIES (LOC) will accept proposals for Medical Products, Monitors, Software, Data Transmission, and Related Services at the electronic address listed below until the end of day on July 21, 2025. Those proposals will be for the LEAGUE OF OREGON CITIES and members of National Purchasing Partners Government Division (“NPPGov”) across the nation, including but not limited to governmental units incorporated by “ATTACHMENT H” of the Request for Proposal (RFP), WIPHE members identified in “ATTACHMENT G” of the RFP, as well as government units in all other states (collectively, “Participating Agencies”). Significant sales potential exists because the resulting Master Price Agreement for national proposers will include piggybacking language that permits use of the Master Price Agreement nationwide, which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources and funds.

All Proposals must be signed and uploaded to the designated website. Only those proposals received at the designated website by the due date and time will be considered.

Website:

CLICK HERE TO SUBMIT A PROPOSAL FOR RFP 2535
INQUIRIES:
[email protected]
or
LOC “MEDICAL PRODUCTS, MONITORS, SOFTWARE, DATA TRANSMISSION, AND RELATED SERVICES RFP” #2535

LEAGUE OF OREGON CITIES
c/o Kevin Toon
1201 Court St. NE
Suite 200
Salem, OR 97301
The solicitation documents may be reviewed at the office address listed above.

NOTE: NOTICES OF SOLICITATION WILL BE PUBLISHED IN THE OREGON DAILY JOURNAL OF COMMERCE AND THE USA TODAY.

ATTACHMENT A
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IMPORTANT

PLEASE READ BEFORE SUBMITTING YOUR PROPOSAL
SOLICITATIONS FOR: MEDICAL PRODUCTS, MONITORS, SOFTWARE, DATA TRANSMISSION, AND RELATED

SERVICES

1.0 INTENT:

1.1 GENERAL INTENT
The LEAGUE OF OREGON CITIES (“LOC”) serves as the “Lead Contracting Agency” for this solicitation on behalf of its members, and as authorized by the LOC Intergovernmental Agreement, which is an agreement for intergovernmental cooperation among select local Oregon governments and recognized under ORS Chapter 190.

LOC, in association with the members of National Purchasing Partners, LLC dba NPPGov (hereinafter referred to as “NPPGov”), comprises a cooperative procurement group. NPPGov membership includes government and non-profit entities across the United States and Canada, K-12 and Higher education, Tribal government, and other public entities which includes members of Public Safety GPO, First Responders GPO, and Law Enforcement GPO. As required by certain states and provinces, LOC and NPPGov have prepared an Attachment referencing eligible Members that also can be found on the LOC and NPPGov web sites. This procurement group is soliciting proposals from qualified companies (hereinafter referred to as “Proposer”) to enter into a Master Price Agreement for Medical Products, Monitors, Software, Data Transmission, and Related Services.

The intent of this Interstate Cooperative Procurement Solicitation (hereinafter referred to as “Solicitation” or “RFP”) is to invite Proposers to submit a competitive pricing proposal offering Medical Products, Monitors, Software, Data Transmission, and Related Services to LOC, which will then be made available to NPPGov members locally and nationwide; to reduce expenses by eliminating multiple requests for proposals and multiple responses by Vendors; and to obtain discounted pricing through volume purchasing. Significant sales potential exists because the Master Price Agreement will be used nationwide which may allow Participating Agencies to forego duplicating the formal solicitation process and expend staff resources. Preferably, the successful Proposer will provide its entire catalog of products and/or services in order that Participating Agencies who wish to access the Master Price Agreement may order a broad range of goods and services as needed.

With the exception of successful local Proposer(s) capable of servicing LOC and Participating Agencies within the state of Oregon, successful Proposer(s) should have a strong national presence for Medical Products, Monitors, Software, Data Transmission, and Related Services for use by government agencies nationwide.

This Solicitation meets Oregon public contracting requirements (ORS 279A et. seq.) and may not be appropriate under or meet Participating Agencies’ procurement laws. Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements.

1.2 POTENTIAL MARKET
The LOC is publishing this RFP to create publicly awarded contracts for use by its members, which may also benefit the thousands of fellow members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO. These are nationwide programs representing member government agencies in all 50 states.

We encourage each Proposer’s response to be a collaborative effort including manufacturer and distributor (when they are not the same company) to ensure nationwide contract utilization.

Proposer’s response should also take into consideration the considerable market potential for this Solicitation.

Because the successful proposal will be incorporated into a nationwide cooperative procurement program including tens of thousands of state, local government and non-profit participants from all 50 states, the LOC believes that contracts created from this Solicitation will provide vendors with a significant market advantage.

ATTACHMENT A
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Members of NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO and current vendors who participate in the program indicate the ability to shorten the sale cycle by eliminating the need to complete individual RFP processes is a significant advantage to participation.

The LOC believes that participation in the NPPGov purchasing program benefits both its Participating Agencies and successful Proposers. NPPGov engages with successful proposers who complete the Vendor Administration Agreement through a marketing and sales partnership. This partnership includes (but is not limited to) contract promotion to members, contract administration support to potential customers and live customer phone support.

Based on the historical volume of similar contracts, the estimated annual value of all transactions resulting from contracts awarded through this RFP is approximately USD 80 Million. Consequently, proposers are expected to offer volume pricing to reflect this potential scale. However, it is important to note that while considerable sales volume is anticipated, sales volume is not guaranteed and may vary from year to year.

1.3 REQUIREMENTS

1.3.1 The RFP and resulting Master Price Agreement are anticipated for use by the LOC’s government members, as well as other Participating Agencies across the nation. The LOC has entered into an Intergovernmental (interlocal) Cooperative Purchasing Agreement with other Participating Agencies for the purpose of obtaining Master Price Agreements with various vendors. Interlocal cooperative purchasing agreements allow Participating Agencies to make purchases at the LOC’s accepted proposal price, terms and conditions, provided that the Participating Agency has satisfied all of its local and state cooperative procurement requirements. Proposer(s) agrees to make the same proposal terms and price, exclusive of any possible rebates, incentives, freight and transportation fees, available to other Participating Agencies. The LOC and NPPGov will not incur any direct liability with respect to specifications, delivery, payment, or any other aspect of purchases by such Participating Agencies or nonprofit institutions. The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein and is available upon request — See Attachment A.

The successful Proposer must work directly with the Participating Agencies concerning the placement of orders, disputes, invoicing and payment. The LOC and NPPGov shall not be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any Participating Agency.

Successful Proposers must comply with the state and local laws, rules and regulations in each state and locality where the product or service is provided.

1.3.2 Each Participating Agency shall execute a Participating Agency Endorsement and Authorization included in the Intergovernmental Cooperative Purchasing Agreement. While the terms of the Master Price Agreement shall govern the general pricing terms, each Participating Agency may request modification of the Master Price Agreement in accordance with each Participating Agency’s state and/or local purchasing laws, rules, regulations and procedures, provided said modifications are not material changes. Each Participating Agency may, at its discretion, and upon written agreement by the Participating Agency and Successful Proposer, request additional legal and procedural provisions not included herein that the successful Proposer must adhere to if it wishes to conduct business with said Participating Agency using the Master Price Agreement.

1.3.3 NPPGov, Public Safety GPO, First Responders GPO, and Law Enforcement GPO provide vendor exposure/marketing and contract utilization support for the successful Proposer’s products and services.

Successful Proposers servicing the awarded contract to Participating Agencies shall pay a Contract Administration Fee representing 2% percent of actual net sales under the Master Price Agreement as established in the NPPGov Vendor Administration Agreement (available upon request). Administration fee may not be listed or charged as a separate line item to users of the contract. The value of trade-ins or rebates shall not affect the amount of the administration fee paid to NPPGov.

1.4 MULTIPLE AWARDS
Multiple awards may be granted to meet the requirements of this Solicitation provided that such awards are differentiated by product make and model, service, and/or distribution regions and capabilities of the successful Proposers. Specifically, the LOC may award separate contracts to Proposers in order to cover all local and national geographical markets, electronic purchasing capabilities, and products and services identified in this Request for Proposal, as well as the diverse and large number of Participating Agencies. The award of multiple contracts is to be determined upon receipt and review of all proposals and based upon the general criteria

ATTACHMENT A
201
provided herein. The LOC may solicit proposals from local qualified companies with or without a national presence provided that the successful Proposer is able to provide the LOC with the products and services requested. Multiple awards will ensure fulfillment of current and future requirements of the diverse and large number of Participating Agencies. In the event a local Proposer with no national distribution capabilities best meets the proposal selection criteria, multiple local and nationwide responsive proposals may be awarded simultaneously in the best interests of local commerce, compliance with local laws, and the Participating Agencies nationwide.

Proposers should be able to serve the needs of Participating Agencies on a national basis. However, this requirement shall not exclude local Proposers without a national presence that are capable of meeting the requirements of the LOC within the state of Oregon.

1.5 CONTRACT USAGE
The actual utilization of any Master Price Agreement will be at the sole discretion of LOC and the other Participating Agencies. It is the intent of this Request for Proposal and resulting Master Price Agreement that Participating Agencies may buy directly from Successful Proposers without the need for further solicitation.

However, Participating Agencies are urged to seek independent review by their legal counsel to ensure compliance with all local and state solicitation requirements as well as the need of further notice prior to utilizing the Master Price Agreement

1.6 BACKGROUND OF NPPGov
NPPGov, owned by two non-profit healthcare organizations, provides group purchasing opportunities and purchasing administrative support for governmental entities and nonprofit institutions within its membership.

NPPGov’s membership includes participating public and nonprofit entities across North America.

1.7 EQUAL OPPORTUNITY
The LOC encourages Minority and Women-owned Small Business Proposers to submit proposals.

1.8 QUALIFIED REHABILITATION FACILITIES
Oregon Public Agencies are prohibited from use of products and services offered under this contract that are already provided by qualified nonprofit agencies for disabled individuals as listed on the Department of Administrative Service’s Procurement List pursuant to ORS 279.835 ORS 279.855.

2.0 SCOPE OF WORK:

2.1 REQUIREMENTS OF PROPOSERS SUBMITTING A RESPONSE:

Proposers must present clear and concise evidence indicating Proposer’s ability to comply with the requirements stated herein and to provide and deliver the specified products and services to Participating Agencies.

2.1.1 PROPOSER COMMITMENTS
Each Proposer is required to commit to low pricing, and accurate and timely reporting to NPPGov pursuant to the reporting requirements identified in the NPPGov Vendor Administration Agreement (available upon request). In addition, successful Proposer(s) with a national presence must commit to marketing of the Master Price Agreement nationwide and that the sales force will be trained, engaged and committed to offering NPPGov pricing to member government agencies nationwide, including the opportunity for NPPGov to train the Vendor sales staff.

2.1.2 PROPOSERS MUST COMPLETE “ATTACHMENT B” – PROPOSER PROFILE WORKBOOK”.

2.2 PRODUCTS AND SERVICES:

2.2.1 Provide a description of the Medical Products, Monitors, Software, Data Transmission, and Related Services offered as set forth in ATTACHMENT C. The primary objective is for the Proposer(s) to

ATTACHMENT A
202
provide the Proposer(s)’s entire catalog of products and services (“catalog discount”) that are responsive to this RFP so that Participating Agencies may order a broad range of products and services as appropriate for their needs. Anticipated future models and related products/services that may be offered during the term of the resulting Master Price Agreement should also be in included in Vendor’s Proposal.

2.2.2 All products offered must be new, unused and the most current product lines, unless otherwise clearly identified as remanufactured goods.

2.2.3 Describe any special programs that Proposer offers that shall improve the ability of the Participating Agencies to access the products, such as retail store availability, expedited delivery intervals, item sourcing, or other unique plans and services.

2.2.4 Additional Benefits: Proposer shall identify any other added value it offers to the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies (e.g. convenience cards, individual/member discounts, additional admin fee, etc.)

2.3 PRICING:

2.3.1 Pricing for the products and services may be based on “ATTACHMENT D” - PRICING SCHEDULE as follows:

A A fixed percentage (%) off marked price based on the Proposer’s catalog or retail store price for each CATEGORY specified in ATTACHMENT D – PRICING SCHEDULE. Proposer shall identify the catalog used.

Option (A) is preferred. If option (A) is not feasible proposer may use option (B) provided Proposer includes a justification.

B Alternatively, contract pricing may be based upon fixed prices (contingencies for economic price adjustments must be identified in the proposal), or a combination fixed percentage off and firm fixed prices. Proposer may offer additional discounts to LOC and Participating Agencies based on volume.

If proposers are responding with option “B”, proposers may request price increases based on manufacturer costs, cost of labor and/or materials that must be supported by appropriate documentation. If LOC agrees to the price modification, LOC may approve in writing, including electronic mail, without the need for a written amendment to the Master Price Agreement.

2.3.2 Proposers may also add additional products and services provided that any additions reasonably fall within the intent of the original RFP specifications. Pricing on additions shall be equivalent to the percentage discount for other similar products. Proposer may provide a weblink with current product listings, which may be updated periodically, as allowed by the terms of the resulting Master Price Agreement. Proposer may replace or add product lines to an existing contract if the line is replacing or supplementing products on contract, is equal or superior to the original products offered, is discounted in a similar or to a greater degree, and if the products meet the requirements of the solicitation. No products may be added to avoid competitive procurement requirements. LOC may reject any additions without cause.

2.3.3 Explain any additional pricing incentives that may be available such as large volume purchases, cash terms, or rebates to Participating Agencies. However, steeper discounts are preferred to rebates.

2.3.4 All pricing proposals shall clearly explain how freight and/or delivery costs are determined as described in ATTACHMENT D PRICING SCHEDULE herein.

2.4 TAX:

Proposers shall strictly adhere to all federal, state and local tax requirements applicable to their operation, and to any contract or activity resulting from this Solicitation.

ATTACHMENT A
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3.0 SPECIAL TERMS & CONDITIONS:

3.1 MASTER PRICE AGREEMENT TERM:

As a result of this Solicitation the successful Proposer(s) shall be awarded a Master Price Agreement for a four (4) year period. The Master Price Agreement may be extended an additional one (1) year period.

3.2 MASTER PRICE AGREEMENT ACCESS PROVISIONS
Utilization of the Master Price Agreement will be at the discretion of the LEAGUE OF OREGON CITIES (“LOC”) and Participating Agencies. The LOC shall be under no obligation to purchase off of the Master Price Agreement. Assuming all local competitive solicitation requirements have been met, Participating Agencies may purchase directly from the successful Proposer(s) without the need for further solicitation.

3.3 INDEMNIFICATIONS AND INSURANCE:

Indemnification and insurance requirements will vary based on the nature of the RFP. Proposer is responsible for submitting appropriate indemnification and insurance coverage as applicable.

3.3.1 Indemnification
The successful Proposer shall indemnify the LOC and NPPGov as specified in the Master Price Agreement.

3.3.2 Insurance Requirements.

Proposer(s), at Proposer(s)’s own expense, shall purchase and maintain the herein stipulated minimum insurance from a reputable company or companies duly licensed by the State of Oregon. In lieu of State of Oregon licensing, the stipulated insurance may be purchased from a company or companies that are authorized to do business in the State of Oregon, provided that said insurance companies meet the approval of the LOC.

Proposer’s insurance shall be primary insurance with respect to the LOC, and any insurance or selfinsurance maintained by the LOC shall not contribute to it.

Award of this Solicitation is contingent upon the required insurance policies and/or endorsements identified herein. The LOC shall not be obligated to review such policies and/or endorsements or to advise Proposer(s) of any deficiencies in such policies and endorsements, and such receipt shall not relieve Proposer(s) from, or be deemed a waiver of the LOC’s right to insist on strict fulfillment of Proposer(s)’s obligations under this RFP.

The insurance policies required by this RFP, except Workers’ Compensation, shall name the LOC, its agents, representatives, officers, directors, officials and employees as an Additional Insured.

The policies required hereunder, except Workers’ Compensation, shall contain a waiver of transfer of rights of recovery (subrogation) against the LOC, its agents, representatives, officers, directors, officials and employees for any claims arising out of Proposer(s)’s work or service.

3.3.3 Commercial, automobile and workers’ compensation insurance.

3.3.3.1 Commercial General Liability. Proposer(s) shall maintain Commercial General Liability Insurance (CGL) and, if necessary, Commercial Umbrella Insurance. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products and completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of the Master Price Agreement.

3.3.3.2 Automobile Liability. Proposer(s) shall maintain Automobile Liability Insurance and, if necessary, Commercial Umbrella Insurance. If hazardous substances, materials, or wastes are to be transported, MCS 90 endorsement shall be included.

ATTACHMENT A
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3.3.3.3 Workers’ Compensation and Employer’s Liability. Proposer(s) shall carry Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over Proposer(s)’s employees engaged in the performance of the work or services, as well as Employer’s Liability insurance.

In case any work is subcontracted, Proposer(s) will require the SubProposer(s) to provide Workers’ Compensation and Employer’s Liability insurance to at least the same extent as required of Proposer(s).

4.0 SCHEDULE, RESPONSE PREPARATION AND SUBMISSION

4.1 SCHEDULE OF EVENTS

4.1.1 Publication of Request for Proposal
Publication of this Solicitation conforms with ORS 279B, to include Public Notice by publication in a newspaper of general circulation in the area where the LEAGUE OF OREGON CITIES (“LOC”) is located no less than 30 days prior to the proposal due date, as well as posting of the Public Notice on the web site that typically posts Public Notices concerning the LOC.

Solicitation Notice Publication: MAY 12, 2025

4.1.2 Question and Answer Period
The LOC will post substantive questions and answers concerning this Solicitation no later than ten (10) days before the proposal's due date. All questions shall be submitted in writing via email to the Contract Manager at [email protected]. The LOC reserves the right to accept and answer questions after the question-and-answer period has expired. Questions submitted at least ten (10) days before the proposal's due date will be reviewed and posted on the LOC website at worcities.org. The LOC is not required to post questions received within the final ten (10) days before the proposal's due date and may respond or withhold responses at its sole discretion.

4.1.3 Submission of Proposals
There will be no mandatory pre-proposal meeting. All questions must be submitted via email as directed above. If necessary, questions can be submitted in writing to LEAGUE OF OREGON CITIES, c/o Contract Manager, 1201 Court St. NE, Suite 200, Salem, OR 97301 or [email protected].

Close date: Deadline for submission of proposals is the end of day on JULY 21, 2025. The LOC must receive all proposals before the end of the day on the above closing date.

Approximate opening date: JULY 22, 2025.

Proposal selection: JULY 22, 2025 to AUGUST 12, 2025.

Approximate award date: AUGUST 13, 2025.

All responses to this Solicitation become the property of the LOC. Proposers should mark those aspects of the proposal that they consider trade secrets and exempt from public disclosure. The LOC will not be held accountable if parties other than the LOC obtain material from proposal responses without the written consent of the Proposer(s).

4.1.4 Withdrawal of Proposal
The Proposer(s) may withdraw its proposal at any time prior to the hour and date set for the receipt of proposals. Withdrawal will not preclude the submission of another proposal prior to the deadline.

4.2 REVIEW, INQUIRIES AND NOTICES:

ATTACHMENT A
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4.2.1 The solicitation documents may be reviewed in person at the following address:

LEAGUE OF OREGON CITIES
1201 Court St. NE
Suite 200
Salem, OR 97301
All inquiries concerning information herein shall be addressed to:

LEAGUE OF OREGON CITIES
c/o Kevin Toon
1201 Court St. NE
Suite 200
Salem, OR 97301
Email inquiries shall be addressed to: [email protected] Inquiries are required to be submitted by email to the Administrative Contact listed above. No oral communication is binding on the LOC.

4.2.2 Proposal Interpretation of the RFP Documents and Issuance of Addenda If any Proposer(s) finds discrepancy in, or omissions from, or is in doubt to the true meaning of any part of the RFP document, he/she shall submit a written request for a clarification or interpretation thereof to:

LEAGUE OF OREGON CITIES
c/o Kevin Toon
1201 Court St. NE
Suite 200
Salem, OR 97301
Any request for clarification or interpretation must be received at least ten (10) calendar days prior to the RFP closing date.

The LOC is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by addenda. Addenda, if necessary, will be issued not later than five (5) days prior to the RFP closing date by publication on the LOC’s web site and NPPGov website.

Oral interpretations or statements cannot modify the provisions of this Request for Proposal. If inquiries or comments by Proposers raise issues that require clarification by the LOC, or the LOC decides to revise any part of this Request for Proposal, addenda will be published and provided to all persons who receive the Request for Proposal. Receipt of an addendum must be acknowledged by signing and returning it with the proposal.

4.3 INSTRUCTIONS FOR PREPARING AND SUBMITTING PROPOSALS:

Proposers are to submit one (1) electronic proposal, in PDF format, to the designated website detailed on the first page of this solicitation. Proposal should contain the original signatures on any pages where a signature is required (because electronic submissions are required, either electronic signatures or scans of hand-signed pages should be included).

All prices shall be held firm for a period of sixty (60) days after the Solicitation closing date. Any Proposer may withdraw its proposal if a Master Price Agreement has not been executed within sixty (60) days from the RFP closing date.

4.4 EXCEPTIONS AND DEVIATIONS TO THE RFP
The Proposer shall identify and list all exceptions taken to all sections of this RFP and list these exceptions, referencing the section (paragraph) where the exception exists and stating the proposed revision. The Proposer shall list these exceptions under the heading, “Exception to the Solicitation, RFP Number 2535.” Exceptions not

ATTACHMENT A
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listed under the heading “Exception to the Solicitation, RFP Number 2535.” shall be considered invalid. The LOC reserves the right to reject exceptions, render the proposal non-responsive, enter into negotiation on any of the Proposer exceptions, or accept any or all exceptions.

The Proposer shall detail any and all deviations from specifications, if any, contained in this Solicitation and Attachments, as requested. The LOC may accept or reject deviations, and all LOC decisions shall be final.

4.5 RESPONSE FORMAT AND CONTENT:

To aid in the evaluation, it is desired that all proposals follow the same general format. The proposals should have clearly defined sections designated as follows:

4.5.1 Letter of Transmittal

4.5.2 Table of Contents

4.5.3 Short introduction and executive summary. This section shall contain an outline of the general approach utilized in the proposal.

4.5.4 The proposal should contain a statement of all of the programs and services proposed, including conclusions and generalized recommendations. Proposals should be all-inclusive, detailing the Proposer’s best offer. Additional related services should be incorporated into the proposal, if applicable.

4.5.5 Qualifications – This section shall describe the Proposer’s ability and experience related to the programs and services proposed.

4.5.6 Exceptions to the Solicitation, RFP Number 2535.

4.5.7 PRICING SCHEDULE (“ATTACHMENT D”).

4.5.8 PROPOSER PROFILE WORKBOOK (“ATTACHMENT B”).

4.5.9 Complete, Current Catalog Pricing shall be uploaded with the entire proposal.

4.5.10 Format Proposal to specifically address each individual sub-section and sub-set of the SCOPE OF WORK (Section 2.0).

4.5.11 Signed Addenda, if any.

4.5.12 Proposal Final Certification.

5.0 EVALUATION AND POST SUBMISSION

5.1 EVALUATION OF PROPOSAL – SELECTION FACTORS:

LOC will evaluate each Proposal and prepare a scoring of each Proposal. Each Proposal received and reviewed shall be awarded points under each criterion solely on the judgment and determination of the Evaluation Committee and the LOC. There is a maximum score of 500 points and Proposer’s average total score must be at least 200 points for consideration of an award. Proposals will be evaluated on the following criteria and further defined in the Proposal Evaluation Form (ATTACHMENT E) utilizing the point system indicated on the form:
1) Pricing 2) Product Line (within each category) 3) Marketing 4) Customer Service 5) Proven Experience 6) Coverage 7) Conformance
At the LOC’s discretion, Proposers may be invited to make presentations to the Evaluation Committee. LOC reserves the right to make multiple awards to meet the national membership needs of this Solicitation.

5.1.1 Additional criteria/preferences that are not necessarily awarded points.

5.1.1.1 Pursuant to ORS 279A.128, Lead Contracting Agency shall give preference to goods fabricated or processed within state or services performed within state.

ATTACHMENT A
207

5.1.1.2 Pursuant to ORS 279A.125, Lead Contracting Agency shall give preference to the procurement of goods manufactured from recycled materials.

5.1.1.3 Pursuant to ORS 279A.120, Lead Contracting Agency shall give preference to goods and services that have been manufactured or produced within the State of Oregon if price, fitness, availability and quality are otherwise equal; and the Lead Contracting Agency shall add a percent increase to the proposal of a nonresident Proposer equal to the percent, if any, of the preference given to the Proposer in the state in which the Proposer resides. All Proposers shall identify the state to which it is a resident bidder.

5.1.1.4 Lead Contracting Agency shall consider proposals for printing, binding and stationary work in accordance with ORS 282.210, incorporated herein by this reference.

5.1.1.5 Proposer shall comply with all federal, state and local laws applicable to the work under the Master Price Agreement awarded as a result of this Solicitation, including, without limitation, the provisions of ORS 279A and ORS 279B, including those provisions set forth on “ATTACHMENT F”, attached hereto and incorporated herein by this reference.

5.1.1.6 Pursuant to Section 1.7, the Lead Contracting Agency encourages Minority and Women-owned Small Business Proposers to submit proposals.

5.2 RIGHT OF LEAGUE OF OREGON CITIES TO AWARD OR REJECT PROPOSALS

5.2.1 The Request for Proposal does not commit the LOC to award a Master Price Agreement for the products or services specified within the Request for Proposal document. The LOC may cancel the procurement or reject any or all proposals in accordance with ORS 279B.100. Under no circumstance will the LOC pay the costs incurred in the preparation of a response to this request.

5.2.2 The LOC reserves the right to:

5.2.2.1 Accept or reject any or all proposals and proposal terms and conditions received as a result of the Request for Proposals;

5.2.2.2 Accept a proposal and subsequent offers for a Master Price Agreement from proposer(s) other than the lowest cost proposer;

5.2.2.3 Waive or modify any irregularities in proposals received after prior notification to the Proposer(s).

5.2.3 The award, if there is one, will be made to that Proposer(s) who is determined to be the most qualified, responsible and responsive within a competitive price range based upon the evaluation of the information furnished under this RFP.

5.3 PROTEST PROCESS
A prospective Proposer may protest the procurement process of the Solicitation for an Agreement solicited under ORS 279B. Before seeking judicial review, a prospective Proposer must file a written protest with the LOC and exhaust all administrative remedies. Written protests must be delivered to the LOC at 1201 Court St. NE, Suite 200, Salem, OR 97301 not less than ten (10) days prior to the date upon which all proposals are due. The written protest shall contain a statement of the desired changes to the procurement process or Solicitation document that the protester believes will remedy the conditions upon which the protest is based. The LOC shall consider the protest if it is timely filed and meets the conditions set forth in ORS 279B.405. The LOC shall respond pursuant to ORS 279B.405. If the LOC upholds the protest, in whole or in part, the LOC may in its sole discretion either issue an Addendum reflecting its disposition or cancel the procurement or solicitation. The LOC may extend the due date of proposals if it determines an extension is necessary to consider and respond to the protest.

A Proposer may protest the Award of the Contract, or the intent to Award the Contract, if the conditions set forth in ORS 279B.410 are satisfied. Judicial review of the protest and the LOC’s decision shall be governed by ORS 279B.415.

5.4 NON-ASSIGNMENT
If a Master Price Agreement is awarded, neither party shall assign the Agreement in part or in total.

ATTACHMENT A
208

5.5 POST AWARD MEETING:

The successful Proposer(s) may be required to attend a post-award meeting with the LOC to discuss the terms and conditions of the Master Price Agreement.

5.6 PROPOSAL FINAL CERTIFICATION
The Proposer must certify the following:
a) I hereby certify that the Proposal contained herein fully and exactly complies with the instruction for proposers and specifications as they appear in this Notice of Solicitation. b) I hereby further certify that I am authorized by the Board of Directors or Corporate Officers of the Corporation to sign the Requests for Proposals and proposals in the name of the corporation listed below:

Proposer Name: ____________________________________________ Signature: _________________________________________________ Name Typed: ______________________ Title: ___________________ Proposer is a resident bidder of the state of _______________________ Date: _____________________

ATTACHMENT A
209

ATTACHMENT A

INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
(The Intergovernmental Cooperative Purchasing Agreement is not attached hereto, but the current version is available upon request from the Lead Public Agency)
(The Intergovernmental Cooperative Purchasing Agreement is incorporated by reference herein)

ATTACHMENT A
210

ATTACHMENT B
Proposer Profile Workbook to be completed by all responders as directed herein (fillable form available upon request)

1.0 GENERAL QUESTIONS:

Section 1.1 only to be completed by vendors with a national presence; i.e. vendors with a sales territory in 25 states or more.

1.1 The “Yes” or “No” questions below are to help evaluators familiarize themselves with national vendors. Indicate “Yes” or “No” as it applies to your company.
✓ Do you have a national sales force adequate in size to meet the demands of multiple agencies and their unique needs for the products and services listed herein?
Yes No
✓ Do you have a national distribution network that will support sales resulting from this RFP? Yes No
✓ Can you provide product availability to meet the requirements for materials and services listed herein for government and nonprofit agencies nationwide in a timely manner? Yes No
✓ Does your company have the ability to provide toll-free telephone/fax access, and an online presence? Yes No
✓ Can you provide a single point of contact (National Account Manager) to interact with the lead agency and NPPGov staff?
Yes No
✓ Are you a strong competitor in the industry with a minimum of three consecutive years of demonstrated success in all business practices and pursuits?
Yes No

1.2 Provide at least three references of government agencies within the United States that have purchased products/services from Proposer similar to those specified in this solicitation within the last year. If proposed products/services are new to market, please use most similar business references available. Include:

Agency name and address
Contact name, phone and email
Description of products/services sold and date.

LOC may use other information, however learned, in evaluation of the response.

1.3 OPTIONAL: If a Dun and Bradstreet Comprehensive Report (or similar) for your company is available, please submit it with your response.

1.4 OPTIONAL: Attach any case studies, white papers and/or testimonials supporting your company and products/services.

ATTACHMENT A
211

2.0 ABOUT PROPOSER:

2.1 State of incorporation:

2.2 Federal Tax Identification Number:

2.3 If applicable to the product(s) and/or service(s), describe the Proposer’s ability to conduct Ecommerce or online ordering. [Insert response in box below]

2.4 Describe Proposer’s system for processing orders from point of customer contact through delivery and billing. [Insert response in box below]

2.5 Describe Proposer’s ability to provide detailed electronic reporting of quarterly sales correlated with NPPGov Member ID numbers of Participating Agency purchases as set forth in Addendum A to Vendor Administration Agreement (VAA), a copy of which is available upon request from the LOC. [Insert response in box below]

2.6 Describe the capacity of Proposer to meet Minority and Women Business Enterprises (MWBE) preferences, which may vary among Participating Agencies. [Insert response in box below]

2.7 Proposer acknowledges compliance with Davis Bacon wage requirements where labor is concerned by indicating “yes” or “no” below.

2.8 By submitting a Proposal in response to this RFP, Proposer agrees, if applicable, to comply with all applicable provisions of Title 2, Subtitle A, Chapter II, PART 200—UNIFORM ADMINISTRATIVE

REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS contained in Title 2 C.F.R. § 200 et seq. Indicate “yes” or “no” below.

2.9 Complete Exhibit 1, located at the end of this workbook.

ATTACHMENT A
212

3.0 DISTRIBUTION SYSTEM:

3.1 Describe distribution of products and/or services available in Proposer’s response through Proposer’s distribution system (including Alaska and Hawaii), including any limitations. [Insert response in box below]

3.1.A Is it your intent to offer the proposed products and/or services through a designated distribution/dealer network, indicate “yes” or “no” below? YES NO

3.2 Provide Proposer’s shipping and delivery policy, including standard delivery time and any options and costs for expedited delivery and return policies. [Insert response in box below]

3.3 Third party and/or subcontracting may be allowed. If applicable, detail the sub-contracting process (ordering, shipment, invoicing, billing) for those products not carried in Proposer’s distribution center.

Alternatively, if proposer utilizes a third-party ordering, shipment, invoicing or billing partner, please describe in detail. [Insert response in box below]

3.4 What is Proposer’s backorder policy? Is your policy to classify as “immediate or cancel” (requiring the Participating Agency to reorder if item is backordered) or “good until cancelled”? [Insert response in box below]

3.5 Indicate whether the Proposer has any dealer or distributors that are authorized to fulfil purchases? Yes No
[Check one]

3.6 If answered yes to 3.5, include a copy of or link to authorized dealers or distributors. 1 2
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213

4.0 MARKETING:

4.1 Outline Proposer’s plan for marketing the Products and Services to the Participating Agencies on a local and national basis. Include any marketing incentives such as committed dollars for advertising, conferences/travel and custom marketing materials. [May attach marketing plan or insert response in box below]

4.2 Explain how Proposer will educate its local and national sales force about the use of the Master Price Agreement. [Insert response in box below]

4.3 Indicate the Proposer’s willingness to allow training to its local and national sales force about the use of the Master Price Agreement. [Insert response in box below]

5.0 POINT OF CONTACTS:

Proposer POC who will administer, coordinate, and manage this program with NPPGov and the LEAGUE OF OREGON CITIES:

Contact Person: Title:

Mailing Address:

City: State & Zip:

Email Address: Phone #:

Attach the current resume of the National Account Manager who will be the POC managing this contract.

Proposer POC who will sign the agreements:

Contact Person: Title:

Email Address:

ATTACHMENT A
214

6.0 CUSTOMER SUPPORT SERVICES:

Explain Proposer’s policy regarding each of the following if applicable to product(s) and/or service(s):

6.1 Auditing for order completeness. [Insert response in box below]

6.2 Replacement policy (i.e., damaged or defective goods). [Insert response in box below]

6.3 Minimum order requirement (e.g., Individual item vs. case lot). [Insert response in box below]

6.4 Customer service hours/days of operation [Insert response in boxes below] Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday:

6.5 Special Orders. [Insert response in box below]

6.6 Post sale services issues. [Insert response in box below]

6.7 Repair services, including repair warranty programs, if any. Proposer shall identify, where applicable, authorized factory repair facilities that will honor the warranty of items on contract. [Insert response in box below]

6.8 Technical support services Proposer provides. [Insert response in box below]

6.9 Product substitution policy. [Insert response in box below]

6.10 Identify trade-in program criteria (if applicable). [Insert response in box below]

6.11. After hours service (including weekends and holidays) [Insert response in boxes below] Monday: Tuesday: Wednesday: Thursday: Friday: Saturday: Sunday:

6.12 Shipment tracking. [Insert response in box below]

6.13 Back order tracking process. [Insert response in box below]

6.14 Return Item process, including any/all associated fees (e.g., restocking, shipping, turnaround time on returns). [Insert response in box below]

ATTACHMENT A
215

6.15 Electronic billing. [Insert response in box below]

6.16 Explain how Proposer will resolve complaints, issues, or challenges. [Insert response in box below]

6.17 Other services not already covered. [Insert response in box below]

ATTACHMENT A
216

7.0 DELIVERY AND FREIGHT CHARGES:

7.1 Identify delivery and/or shipping costs or provide a shipping rate schedule based on weight, item, and/or destination for all items ordered within the continental U.S. (and Hawaii/Alaska). The Proposer shall identify all exceptions to this shipping rate schedule. [Insert response in box below]

7.2 Identify policy for transfer of product ownership (delivery) and damage/issue resolution. [Insert response in box below]

8.0 VENDOR TERMS AND CONDITIONS.

8.1 Does Proposer require that customers/Participating Agencies agree to standard terms and conditions related to their purchase? Yes No [Circle one]

8.2 If answered yes to 8.1, include a copy of or link to terms and conditions.

9.0 WARRANTY INFOMATION:

9.1 Identify warranty options, if applicable. [Insert response in box below]

ATTACHMENT A
217
Exhibit 1
Medical Products, Monitors, Software, Data Transmission, And Related Services Coverage

RETAIL, DISTRIBUTION AND SERVICE/SUPPORT LOCATIONS
Number of retail
stores in each state?
(leave blank for
none)
Number of
distribution centers
in each state?
(leave blank for
none)
Number of support
locations in each
state? (leave blank
for none)

ALABAMA
ALASKA

ARIZONA

ARKANSAS

CALIFORNIA

COLORADO

CONNECTICUT

DELAWARE

FLORIDA

GEORGIA
HAWAII
IDAHO

ILLINOIS

INDIANA
IOWA
KANSAS

KENTUCKY

LOUISIANA
MAINE

MARYLAND

MASSACHUSETTS

MICHIGAN

MINNESOTA

MISSISSIPPI

MISSOURI

MONTANA

NEBRASKA
NEVADA

NEW HAMPSHIRE

NEW JERSEY

NEW MEXICO

NEW YORK

NORTH CAROLINA

NORTH DAKOTA
OHIO

OKLAHOMA
OREGON

PENNSYLVANIA

RHODE ISLAND

SOUTH CAROLINA

SOUTH DAKOTA

ATTACHMENT A
218

TENNESSEE
TEXAS
UTAH

VERMONT

VIRGINIA

WASHINGTON

WEST VIRGINIA

WISCONSIN

WYOMING

ATTACHMENT A
219

THE FORM LISTED BELOW MUST BE SIGNED AND RETURNED WITH SOLICITATION RESPONSE

ATTACHMENT A
220
Exhibit 2
Declaration of Non-Collusion
The undersigned does hereby declare that there has been no collusion between the undersigned, the LEAGUE OF OREGON CITIES, and National Purchasing Partners, and in further support of said Declaration, states as follows:

The person, firm, association, co-partnership or corporation herein named has not, either directly or indirectly, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding or solicitation in the preparation and submission of a proposal to the LEAGUE OF OREGON CITIES for consideration in the award of a contract or Master Price Agreement negotiated as a result of this Request for Proposal.

DATED this ______ day of _____________, _______.

(Name of Firm)
By:
(Authorized Signature)
Title:

ATTACHMENT A
221

ATTACHMENT C

SPECIFICATIONS

MEDICAL PRODUCTS, MONITORS, SOFTWARE, DATA TRANSMISSION, AND RELATED

SERVICES
These specifications are intended to cover the complete range of Medical Products, Monitors, Software, Data Transmission, and Related Services. Several categories are included below but are in no means intended to limit the Proposer to responding to just these categories if there are other related products and services that Proposer would like to be considered for the award. Proposers should respond with pricing for all products and services they wish to be considered in the evaluation for a possible award and master price agreement.

The following categories are provided to indicate the intended extent of the RFP but do not necessarily represent the format of the Proposer’s response. Proposers may combine any and all categories and elements in a format that is most appropriate to represent their business in their response.

NOTE: Proposers are not required to respond to all categories. Proposals will only be evaluated based on the categories to which they respond.

CATEGORY 1: MEDICAL PRODUCTS AND SUPPLIES
Including, but not limited to, the medical products and supplies needed and used by Public Safety professionals to care for, treat, and transport patients with medical conditions. Below is a non-exhaustive list of the products and supplies applicable to be included in a vendor’s submission. • Airway
o Video Laryngoscope
o Suction Equipment
• Bags and Cases
o Equipment Bags/Cases
o Specialty Bags/Cases
• Personal Protection Equipment (EMS)
• Fluid Administration/Vascular Access
o Intraosseous Access
o Solution Sets
o Intravenous Access
• Immobilization and Supplies
o Traction Immobilization Devices
o Vacuum Immobilization Devices
• Infection Control
o Gloves
• Nitrile
• Exam Vinyl
o Sharps Containers
• Instrumentation
• Kits
o First Aid Kits
o Specialty Kits
• IV Start, etc.
• Lights and Flashlights
• Linen
o Reusable
o Disposal
• Oxygen Delivery
• Patient Handling and Transport
• Resuscitation Equipment
o Circulation Enhancing Devices
o Mechanical Chest Compression

ATTACHMENT A
222
• Tactical Medicine
• Trauma
• Vehicle Accessories
• WMP Preparedness
• Wound Care
o Burn Care
o Bleeding Control
• Tourniquets
• Hemostatic Agents
CATEGORY 2: PHARMACEUTICLAS
Including, but not limited to, the pharmaceutical products used by Public Safety Professionals in the care and treatment of their patients.

CATEGORY 3: MEDICAL MONITORS, DEFIBRILLATORS, AND DIAGNOSTICS Including, but not limited to, the various medical monitors, defibrillators (AEDs) and diagnostic products used by Public Safety Professionals in the care and treatment of their patients. Examples of such products are listed below:
• Defibrillation
• Patient Monitors
o ECG, Vitals, Pulse, etc.
• Thermometry
• Ultrasound
CATEGORY 4: MEDICAL LIFE SUPPORT EQUIPMENT
Including, but not limited to, Life Support Equipment used by Public Safety Professionals in the care and treatment of their patients. Examples of such products are listed below:
• Medical Mechanical Ventilation Devices
• Intravenous Fluid Administration Devices
• Fire Prevention & Protection Equipment
• Fire Suppression Devices & Equipment
CATEGORY 5: MEDICAL INVENTORY MANAGEMENT SYSTEMS
Including, but not limited to, Services and options related to inventory management, purchasing, and tracking of products offered in other categories. This may include:
• Medical Products Dispensing Devices
o Vending Machines and other dispensing devices
• Cloud Based Inventory Systems
• On-premise Inventory Systems
CATEGORY 6: INSTALLATION, SERVICE AND MAINTENANCE, AND INSPECTION Including, but not limited to, Installation, Service and Maintenance of the above listed products and services.

CATEGORY 7: SOFTWARE AND DATA SOLUTIONS FOR PUBLIC SAFETY AND HEALTHCARE Including but not limited to, solutions for EMS, Fire, Medical Data transmission, Dispatch, EMS charts, Billing, Cloud-based patient care reporting, data integration platforms, Insurance Discovery, Insurance Verification, Demographic Verification, Deductible Monitoring, Claim Status Verification, MBI Lookup, Retroactive Medicaid, and other software and data solutions for Public Safety and Healthcare.

CATEGORY 8: CONSULTING SERVICES RELATED TO SOFTWARE AND DATA SOLUTIONS FOR

PUBLIC SAFETY AND HEALTHCARE
Including but not limited to solution implementation, training, and utilization of data, reporting training and customization, clinical business consulting, and other consulting services that support and enhance the usability and effectiveness of software and data solutions.

CATEGORY 9: TRAINING, SIMULATION, AND CERTIFICATION
Including, but not limited to, training, simulation, and certification in the use of Medical Products, Monitors, and Software outlined in the categories above.

ATTACHMENT A
223
CATEGORY 10: OTHER
Other Medical Products, Monitors, Software, Data Transmission, and Related Services not included in other categories.

ATTACHMENT A
224

ATTACHMENT D

PRICING SCHEDULE
The intent is for each Proposer to submit their complete product line so that Participating Agencies may order a wide array of products and services as appropriate for their needs. Proposer is encouraged but is not required to respond to all categories. Proposer may suggest additional categories and sub-categories as applicable. Proposer may subcontract items Proposer does not supply.

The Proposer should not necessarily limit the proposal to the performance of the services in accordance with this document but should outline any additional services and their costs if the Proposer deems them necessary to accomplish the program.

Pricing and resulting relative discount to LOC and NPPGov membership shall be clearly delineated on each proposal.

Contract admin fee (established in the “Requirements” Section of the RFP) may not be listed or charged as a separate line item to users of the contract. Contract pricing shall be based upon:
1) Fixed discount(s) off published price list(s) or catalog(s) 2) Firm fixed price with economic adjustment (contingencies for economic price adjustments must be identified in the proposal)
3) A combination of the above.

EXAMPLE

MEDICAL PRODUCTS, MONITORS, SOFTWARE, DATA TRANSMISSION, AND RELATED SERVICES Product Category Percentage (%) off
List Price*
(OR fixed price if % off pricing is
not available)

MEDICAL PRODUCTS AND SUPPLIES

PHARMACEUTICLAS

MEDICAL MONITORS, DEFIBRILLATORS, AND DIAGNOSTICS

MEDICAL LIFE SUPPORT EQUIPMENT

MEDICAL INVENTORY MANAGEMENT SYSTEMS

INSTALLATION, SERVICE AND MAINTENANCE, AND

INSPECTION

SOFTWARE AND DATA SOLUTIONS FOR PUBLIC SAFETY

AND HEALTHCARE

CONSULTING SERVICES RELATED TO SOFTWARE AND DATA

SOLUTIONS FOR PUBLIC SAFETY AND HEALTHCARE

TRAINING, SIMULATION, AND CERTIFICATION
OTHER
Options
Proposers shall provide pricing on all options, modifications, and accessories in a format that best represents their product line and pricing structure. This may include specific pricing for some options and may also include general pricing/discounts for categories of options. Proposer may also indicate availability and pricing of all other non-specified options. The intent is to provide Proposers the opportunity to present as much product as possible in the format that fits within their individual formatting needs so that the resulting award allows LOC and NPPGov members the greatest number of procurement options.

Miscellaneous
Proposers should include any applicable pricing information related to Section 2.3 of the RFP including but not limited to: large volume purchases, cash terms, rebates, freight/delivery costs and individual discounts.

ATTACHMENT A
225

ATTACHMENT E

PROPOSAL EVALUATION FORM
Proposals will be evaluated using a two-step process.

The first step evaluates the responsiveness of the proposer and determines 1) if the proposer is deemed fully responsive enabling the proposal to move to the second step and 2) if the proposal will be evaluated as a local response (within the State of Oregon), regional response (covering multiple States, but not the entire US) or a national response (covering the entire US, or at least the continental US).

The second step of the evaluation process will only occur with proposals deemed fully responsive from the first step. The second step fully evaluates the proposer’s response based on the criteria found in the proposal evaluation form.

STEP 1
Proposal Responsiveness
Component YES NO
Submitted on time (REQUIRED)
Completed Proposer Profile Workbook (PPW) (REQUIRED)
Included references
Proposal signed (REQUIRED)
Deemed Fully Responsive YES NO
Categorized as Local, Regional or National Local Regional National

ATTACHMENT A
226
Proposal Evaluation Form
STEP 2
Full Evaluation of Proposal
Point Value Definitions
(5) Exceeded Requirements – Compelling Detail, Showed Ability to Complete (4) Met Requirements – Thorough, Provided Supportive Material/Examples (3) Satisfied Requirements - Sufficient
(2) Unclear if Requirements Met - Poor or Confusing
(1) Did Not Comply with Requirements - Substandard
(0) Blank
Component Evaluated Weight Possible Points
(0-5)
Total Points
(Weight x
PP)
Evaluator’s Comments
Pricing: Product price and discounts proposed included favorable pricing for cooperative purchasing. Shipping conditions.

Attachment D and PPW Section 7.0.
25 Comments:

Product Line (Score only categories proposed): Breadth, variety, quality of product line and innovation of products. Warranty availability.

Attachment C and PPW Section 9.0.
15 Comments:

Marketing: Marketing plan to promote the resulting contractual agreement and ability to incorporate use of agreement in their sales system throughout indicated coverage region. Willingness to allow training of salesforce.

PPW Section 4.0.
15 Comments
Customer Service: Support dedicated to Participating Agencies.

Ability to meet promised delivery timelines. Additional services offered. Conduct e-commerce.

PPW Sub-Sections 2.3 & 2.4 and Section 6.0.
15 Comments:

Proven Experience: Success in providing products and services in a timely manner. Years in business, references and reputation.

Experience with cooperative purchasing.

PPW Sub-Section 1.2.
15 Comments:

Coverage: Ability to provide products and services for indicated coverage region including distribution, retail & service facilities, coordination of manufacturer and distribution, and staff availability.

Clearly states distribution model and provides dealer list if applicable.

PPW Section 3.0 and Exhibit 1.
10 Comments:

Conformance: Completeness of proposal and the degree to which the Proposer responded to the terms and all requirements and specifications of the RFP. Followed the response format and content, was clear and easily understood. Provided Term’s and Condition’s, if applicable.

PPW Section 8.0 and 4.5 of RFP.
5 Comments:

TOTAL 100

ATTACHMENT A
227

ATTACHMENT F

OREGON REVISED STATUTES (AS MAY BE AMENDED) REQUIREMENTS Successful Proposer (Contractor) shall comply with the requirements of this ATTACHMENT F to the extent required by any applicable federal or state law.
(1) Contractor shall pay promptly, as due, all persons supplying labor or materials for the performance of the work provided for in the contract and shall be responsible for such payment of all persons supplying such labor or material to any Subcontractor.
(2) Contractor shall promptly pay all contributions or amounts due the Industrial Accident Fund from such Contractor or Subcontractor incurred in the performance of the contract. (3) Contractor shall not permit any lien or claim to be filed or prosecuted against the LOC or any Participating Agency on account of any labor or material furnished and agrees to assume responsibility for satisfaction of any such lien so filed or prosecuted.
(4) Contractor and any Subcontractor shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167
(5) If Contractor fails, neglects or refuses to make prompt payment of any claim for labor or materials furnished to the Contractor or a Subcontractor by any person in connection with the contract as such claim becomes due, the LOC or any Participating Agency may pay such claim to the persons furnishing the labor or material and charge the amount of payment against funds due or to become due Contractor by reason of the contract. The payment of a claim in the manner authorized hereby shall not relieve the Contractor or Contract surety from Contractor or its obligation with respect to any unpaid claim. If the LOC or any Participating Agency is unable to determine the validity of any claim for labor or material furnished, the District may withhold from any current payment due Contractor an amount equal to said claim until its validity is determined and the claim, if valid, is paid. (6) Contractor shall promptly, as due, make payment to any person, co-partnership, association, or corporation, furnishing medical, surgical and hospital care services or other needed care and attention, incident to sickness or injury, to employees of such Contractor, of all sums which the Contractor agrees to pay for such services and all monies and sums which the Contractor collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service.
(7) In a contract for personal services, contractor shall pay employees at least time and half for all overtime worked in excess of 40 hours in any one week under the contract in accordance with ORS 653.010 to 653.261 and the Fair Labor Standards Act of 1938 (29 USC 201, et seq.). In contracts for services, contractors shall pay employees at least time and a half pay for work performed on the legal holidays specified in a collective bargaining agreement or in ORS 279B.020(1)(b)(A) to (G) and for all time worked in excess of 10 hours in any one day or in excess of 40 hours in any one week, whichever is greater.
(8) The Contractor must give notice in writing to employees who work on this contract, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and the days per week that the employees may be required to work. (9) All subject employers working under the contract are either employers that will comply with ORS 656.017, or employers that are exempt under ORS 656.126.
(10) All sums due the State Unemployment Compensation Trust Fund from the Contractor or any Subcontractor in connection with the performance of the contract shall be promptly so paid. (11) The contract may be canceled at the election of LOC for any willful failure on the part of Contractor to faithfully perform the contract according to its terms.
(12) Contractor certifies compliance with all applicable Oregon tax laws, in accordance with ORS 305.385.

ATTACHMENT A
228
(13) Contractor certifies that it has not discriminated against minorities, women, emerging small business enterprises certified under ORS 200.055, or business enterprises owned or controlled by or that employ a disabled veteran in obtaining any required subcontractors.

ATTACHMENT A
229

ATTACHMENT G

WIPHE RESPONSE FORM

THIS FORM MUST BE RETURNED WITH SOLICITATION RESPONSE
Vendor servicing Washington State AGREES to sell items included in this solicitation to WIPHE institutions at prices offered, unless otherwise noted below:
________ DOES NOT agree to sell to WIPHE Institutions.
________ AGREES to sell to WIPHE Institutions at same prices and discounts, with the following exceptions:
(attach additional pages as necessary)
Vendor must state geographic areas or specific institution(s) listed below within the State of Washington that are EXCLUDED from the contract(s) resulting from this solicitation:

Washington Institutions of Public Higher Education (WIPHE). See list on following page.

If Vendor agrees to sell to the WIPHE Institutions, a WIPHE Contract number will be assigned and the information will be reported to the Council of Presidents. The Council of Presidents notifies all the other schools when a WIPHE contract has been awarded and a master list will be maintained and the WIPHE website updated. WIPHE shall determine, at its absolute discretion, whether it shall accept and/or utilize the contract resulting from the Request for Proposal

ATTACHMENT A
230
Washington Institutions of Public Higher Education (WIPHE)

CENTRAL WASHINGTON UNIVERSITY

EASTERN WASHINGTON UNIVERSITY

THE EVERGREEN STATE COLLEGE

UNIVERSITY OF WASHINGTON

WASHINGTON STATE UNIVERSITY

WESTERN WASHINGTON UNIVERSITY

FOUR-YEAR UNIVERSITIES
COMMUNITY AND TECHNICAL COLLEGES:

BATES TECHNICAL COLLEGE

BELLEVUE COMMUNITY COLLEGE

BELLINGHAM TECHNICAL COLLEGE

BIG BEND COMMUNITY COLLEGE

CASCADE COMMUNITY COLLEGE

CASCADIA COLLEGE

CENTRALIA COLLEGE

CLARK COLLEGE

CLOVER PARK TECHNICAL COLLEGE

COLUMBIA BASIN COLLEGE

EDMONDS COMMUNITY COLLEGE

EVERETT COMMUNITY COLLEGE

GRAYS HARBOR COLLEGE

GREEN RIVER COMMUNITY COLLEGE

HIGHLINE COMMUNITY COLLEGE

LAKE WASHINGTON TECHNICAL COLLEGE

LOWER COLUMBIA COLLEGE

OLYMPIC COLLEGE

PENINSULA COLLEGE

PIERCE COLLEGE

RENTON TECHNICAL COLLEGE

SEATTLE CENTRAL COMMUNITY COLLEGES

SHORELINE COMMUNITY COLLEGE

SKAGIT VALLEY COLLEGE

SOUTH PUGET SOUND COMMUNITY COLLEGE

SPOKANE COMMUNITY COLLEGES

STATE BOARD FOR TECHNICAL & COMMUNITY

COLLEGES

WENATCHEE VALLEY COLLEGE

YAKIMA VALLEY COMMUNITY COLLEGE

WHATCOM COMMUNITY COLLEGE

ATTACHMENT A
231
Miscellaneous local agencies within Washington State*

ADAMS COUNTY
PUYALLUP SCHOOL DIST 3

KITSAP COUNTY
FIFE SCHOOL DIST 417
RIVERVIEW SCHOOL DIST 407

GONZAGA UNIVERSITY

PLANNED PARENTHOOD OF WESTERN

WASHINGTON

SNOHOMISH COUNTY

MASON COUNTY

FEDERAL WAY SCHOOL DIST

SPOKANE COUNTY
ISSAQUAH SCHOOL DIST 411

ADAMS COUNTY FIRE DISTRICT

ADAMS COUNTY HEALTH DISTRICT

AFFILIATED HEALTH SERVICES

ALDERWOOD WATER DISTRICT

ANACORTES PORT OF
ANACORTES SCHOOL DISTRICT 103

ANNAPOLIS WATER DISTRICT

ASOTIN COUNTY
AUBURN SCHOOL DISTRICT 408
BAINBRIDGE IS SCHOOL DISTRICT 303

BAINBRIDGE ISLAND FIRE DEPARTMENT

BAINBRIDGE ISLAND PARKS
BATTLE GROUND SCHOOL DISTRICT 119
BELLEVUE SCHOOL DISTRICT 405

BELLINGHAM PORT OF
BELLINGHAM SCHOOL DISTRICT 501

BENTON COUNTY

BENTON COUNTY FIRE DISTRICT

BENTON COUNTY PUD

BENTON FRANKLIN COUNTY

BENTON FRANKLIN PRIVTE INDUST CNCL

BENTON PORT OF
BETHEL SCHOOL DISTRICT 403

BIG BROTHERS BIG SISTERS OF KING CO

BIRCH BAY WATER & SEWER DISTRICT

BLANCHET SCHOOL DISTRICT

BREMERTON KITSAP CO HEALTH DISTRICT

BREMERTON PORT OF
BREMERTON SCHOOL DISTRICT 100
BURLINGTON EDISON SCHOOL DIST 100

CANCER RESEARCH AND BOISTATISTICS

CASCADE BLUE MT FD SHR

CASCADE IRRIGATION DISTRICT
CASHMERE SCHOOL DISTRICT 222

CATHOLIC COMM SVCS OF KING CO
CENTRAL KITSAP SCHOOL DISTRICT 401

CENTRAL WAS COMP MENTAL HEALTH
CENTRALIA SCHOOL DISTRICT 40
CHEHALIS SCHOOL DISTRICT 302

CHELAN COUNTY

CHELAN COUNTY COMMUNITY HOSPITAL

CHELAN COUNTY FIRE DISTRICT
CHELAN COUNTY PUD 1

CHELAN DOUGLAS COUNTY HEALTH DIST

CHENEY CARE CENTER

CHILD CARE RESOURCE & REFERRAL

CHILDRENS THERAPY CENTER
CHIMACUM SCHOOL DISTRICT 49

CLALLAM COUNTY

CLALLAM COUNTY FIRE DISTRICT

CLALLAM COUNTY HOSPITAL DISTRICT

CLALLAM COUNTY PUD

CLARK COUNTY

CLARK COUNTY FIRE DISTRICT

CLARK COUNTY PUD
CLE ELUM-ROSLYN SCHOOL DISTRICT 404
CLOVER PARK SCHOOL DISTRICT 400

CNTRL WHIDBEY FIRE & RESCUE

COAL CREEK UTILITY DISTRICT

COALITION AGAINST DOMESTIC VIOLENCE

COLUMBIA COUNTY

COLUMBIA IRRIGATION DISTRICT

COLUMBIA MOSQUITO CONTROL DISTRICT

COMMUNITY CHRISTIAN ACADEMY

COMMUNITY PSYCHIATRIC CLINIC

COMMUNITY TRANSIT

CONFEDERATED TRIBES OF CHEHALIS

CONSOLIDATED DIKING IMPROVEMENT DIST

CONSOLIDATED IRRIGATION

COWLITZ COUNTY

COWLITZ COUNTY FIRE DISTRICT

COWLITZ COUNTY PUD

CROSS VALLEY WATER DISTRICT
DAYTON SCHOOL DISTRICT 2

DOUGLAS COUNTY

DOUGLAS COUNTY FIRE DISTRICT

DOUGLAS COUNTY PUD

DRUG ABUSE PREVENTION CENTER

E COLUMBIA BASIN IRRIGATION DIST

EAST WENATCHEE WATER
EATONVILLE SCHOOL DIST 404
EDMONDS SCHOOL DISTRICT 15
EDUCATIONAL SERVICE DIST 114
EDUCATIONAL SERVICE DISTRICT 113
ELLENSBURG SCHOOL DIST 401

ENUMCLAW SCHOOL DIST

EVERETT PORT OF

EVERETT PUBLICE FACILITIES DIST

EVERGREEN MANOR INC
EVERGREEN SCHOOL DIST 114

FEDERAL WAY FD

FERRY COUNTY

FERRY COUNTY PUBLIC HOSPITAL

FERRY OKAHOGAN FPD

FOSS WATERWAY DEVELOPMENT AUTHORITY

FRANKLIN COUNTY

FRANKLIN COUNTY PUD

ATTACHMENT A
232
FRANKLIN PIERCE SCHOOL DIST 402

FRIDAY HARBOR PORT OF
GARDENA FARMS IRRIGATION DIST 13

GARFIELD COUNTY

GRAND COULEE PROJECT
GRANDVIEW SCHOOL DIST 116/200
GRANITE FALLS SCHOOL DIST 332

GRANT COUNTY

GRANT COUNTY HEALTH DIST

GRANT COUNTY PUD

GRAYS HARBOR COUNTY

GRAYS HARBOR COUNTY FIRE DIST
GRAYS HARBOR COUNTY PUD # 1

GRAYS HARBOR PORT OF

GRAYS HARBOR PUB DEV AUTH

GRAYS HARBOR TRANSIT
GRIFFIN SCHOOL DIST 324

HARBORVIEW MEDICAL CENTER

HAZEL DELL SEWER DIST

HEALTHY MOTHERS HEALTHY BABIES COAL
HIGHLINE SCHOOL DIST 401

HIGHLINE WATER DIST

HOMESIGHT

HOPELINK
HOQUIAM SCHOOL DIST 28

HOUSING AUTHORITY OF PORTLAND

ILWACO PORT OF
INCHELIUM SCHOOL DIST 70

ISLAND COUNTY

ISLAND COUNTY FIRE DIST

JEFFERSON COUNTY

JEFFERSON COUNTY FIRE DIST

JEFFERSON COUNTY LIBRARY

JEFFERSON COUNTY PUD

JEFFERSON GENERAL HOSPITAL

KARCHER CREEK SEWER DIST
KELSO SCHOOL DIST 458

KENNEWICK GENERAL HOSPITAL
KENNEWICK SCHOOL DISTRICT 17
KENT SCHOOL DIST 415
KETTLE FALLS SCHOOL DIST 212

KING COUNTY

KING COUNTY FIRE DIST

KING COUNTY HOUSING AUTHORITY

KING COUNTY LIBRARY

KING COUNTY WATER SEWER

KINGSTON PORT OF

KITSAP COUNTY FIRE & RESCUE

KITSAP COUNTY LIBRARY
KITSAP COUNTY PUD 1

KITTITAS COUNTY

KITTITAS COUNTY PUD

KITTITAS COUNTY RECLAMATION DIST

KLICKITAT COUNTY

KLICKITAT COUNTY PUD

LAKE CHELAN RECLAMATION DIST
LAKE STEVENS SCHOOL DIST 4
LAKE WASHINGTON SCHOOL DIST 414

LAKEHAVEN UTILITY DIST
LAKEWOOD SCHOOL DIST 306
LEWIS CO PUD 1

LEWIS COUNTY

LEWIS COUNTY FIRE DIST

LEWIS PUBLIC TRANSPORTATION

LIBERTY LAKE SEWER & WATER DIST

LINCOLN COUNTY

LINCOLN COUNTY FIRE DIST

LONGVIEW PORT OF
LONGVIEW SCHOOL DIST 122

LOTT WASTEWATER ALLIANCE

LUMMI INDIAN NATION

MANCHESTER WATER DIST
MARYSVILLE SCHOOL DIST 25

MASON COUNTY FIRE DIST

MASON COUNTY PUD
MEAD SCHOOL DIST 354

METRO PARK DISTRICT OF TACOMA

MID COLUMBIA LIBRARY

MIDWAY SEWER DISTRICT
MONROE SCHOOL DIST 103
MORTON SCHOOL DIST 214

MOSES LAKE PORT OF

MOUNT BAKER SCHOOL DIST
MT VERNON SCHOOL DISTRICT 320
MUKILTEO SCHOOL DIST 6

MUKILTEO WATER DIST

NAVAL STATION EVERETT

NE TRI COUNTY HEALTH DIST

NORTH CENTRAL REGIONAL LIBRARY DIST
NORTH KITSAP SCHOOL DIST 400

NORTH SHORE UTILITY DISTRICT

NORTH THURSTON SCHOOL DISTRICT
NORTHSHORE SCHOOL DIST 417

NORTHWEST KIDNEY CTR

NORTHWEST WORK FORCE DEVELOPMENT CO

NW REGIONAL COUNCIL
OAK HARBOR SCHOOL DIST 201
OAKVILLE SCHOOL DIST 400
OCOSTA SCHOOL DIST 172

OKANOGAN COUNTY

OKANOGAN COUNTY FIRE DIST

OKANOGAN COUNTY PUD

OKANOGAN SCHOOL DISTRICT

OLYMPIA PORT OF
OLYMPIA SCHOOL DISTRICT 111

OLYMPIA THURSTON CHAMBER FOUNDATION

OLYMPIC AREA AGENCY ON AGING

OLYMPIC MEMORIAL HOSPITAL DIST

OLYMPIC REGION CLEAN AIR AGENCY

OLYMPIC VIEW WATER & SEWER DIST

OLYMPUS TERRACE SEWER DIST

PACIFIC COUNTY

PACIFIC COUNTY FIRE

PARATRANSIT SERVICES

ATTACHMENT A
233

PASCO SCHOOL DIST

PEND OREILLE COUNTY CONSERV DIST

PEND OREILLE COUNTY PUB HOSP DIST

PEND OREILLE COUNTY PUD
PENINSULA SCHOOL DISTRICT 401

PERRY TECHNICAL INSTITUTE

PIERCE COUNTY

PIERCE COUNTY FIRE DIST

PORT ANGELES PORT OF
PORT ANGELES SCHOOL DISTRICT 121

PRESCOTT SCHOOL DIST

PUGET SOUND CLEAN AIR AGENCY

PUGET SOUND SCHOOL DIST

QUINCY COLUMBIA BASIN IRRIG DIST
RICHLAND SCHOOL DIST 400
S KITSAP SCHOOL DISTRICT 402

S SNOHOMISH CO PUBLIC FAC DIST

SAFEPLACE

SAMISH WATER DIST

SAMMAMISH WATER AND SEWER DIST

SAN JUAN COUNTY

SAN JUAN COUNTY FIRE DIST

SEA MAR COMM HEALTH CTR

SEATTLE JEWISH PRIMARY SCHOOL

SEATTLE PORT OF
SEATTLE SCHOOL DIST 1

SEATTLE UNIVERSITY

SECOND AMENDMENT FOUNDATION

SECOND CHANCE INC

SENIOR OPPORTUNITY SERVICES
SHELTON SCHOOL DISTRICT 309

SILVERDALE WATER

SKAGIT COUNTY

SKAGIT COUNTY CONSERVATION DIST

SKAGIT COUNTY FIRE DIST

SKAGIT COUNTY ISLAND HOSPITAL

SKAGIT COUNTY PORT OF
SKAGIT COUNTY PUD 1

SKAGIT TRANSIT

SKAMANIA COUNTY

SKOOKUM INC

SNOHOMISH COUNTY LIBRARY

SNOHOMISH COUNTY PUD

SNOHOMISH HEALTH DISTRICT
SNOHOMISH SCHOOL DISTRICT 201
SOAP LAKE SCHOOL DISTRICT 156

SOOS CREEK WATER AND SEWER DIST

SOUND TRANSIT

SOUTH COLUMBIA BASIN IRRIG DIST

SOUTH EAST EFFECTIVE DEVELOPMENT

SOUTH SOUND MENTAL HEALTH SERVICES

SOUTHWEST YOUTH & FAMILY SERVICES

SPECIAL MOBILITY SERVICES INC

SPOKANE CO AIR POLLUTION CNTRL AUTHORITY

SPOKANE COUNTY FIRE DIST

SPOKANE COUNTY LIBRARY
SPOKANE SCHOOL DISTRICT 81

ST JOSEPH/MARQUETTE SCHOOL
STANWOOD SCHOOL DIST 410

STEVENS COUNTY

STEVENS COUNTY PUD

STILLAGUAMISH TRIBE OF INDIANS
SUMNER SCHOOL DISTRICT 320

SUNNYSIDE PORT OF
SUNNYSIDE SCHOOL DISTRICT 201

SUQUAMISH TRIBE

SW CLEAN AIR AGENCY

SWINOMISH TRIBE

TACOMA DAY CHILD CARE AND PRESCHOOL

TACOMA MUSICAL PLAYHOUSE

TACOMA PORT OF
TACOMA SCHOOL DISTRICT 10

TACOMA-PIERCE CO
TAHOMA SCHOOL DISTRICT 409

TERRACE HEIGHTS SEWER DISTRICT

THURSTON COMMUNITY TELEVISION

THURSTON COUNTY

THURSTON COUNTY CONSERVATION DIST

THURSTON COUNTY FIRE DISTRICT
TOPPENISH SCHOOL DISTRICT 202
TOUCHET SD 300

TRIUMPH TREATMENT SERVICES
TUKWILA SCHOOL DIST 406
TUMWATER SCHOOL DISTRICT 33

U S DEPARTMENT OF TRANSPORTATION

UNITED WAY OF KING COUNTY

UNIVERSITY PLACE SCHOOL DIST

UPPER SKAGIT INDIAN TRIBE

VAL VUE SEWER DISTRICT

VALLEY TRANSIT

VALLEY WATER DISTRICT

VANCOUVER PORT OF
VANCOUVER SCHOOL DISTRICT 37
VASHON ISLAND SCHOOL DISTRICT 402

VERA IRRIGATION

VETERANS ADMINISTRATION

VOLUNTEERS OF AMERICA

WA ASSOC OF SCHOOL ADMINISTRATORS

WA ASSOC SHERIFFS & POLICE CHIEFS

WA GOVERNMENTAL ENTITY POOL

WA LABOR COUNCIL AFL-CIO

WA PUBLIC PORTS ASSOCIATION

WA RESEARCH COUNCIL

WA ST ASSOCIATION OF COUNTIES

WA STATE PUBLIC STADIUM AUTHORITY

WAHKIAKUM COUNTY

WALLA WALLA COLLEGE

WALLA WALLA COUNTY

WALLA WALLA COUNTY FIRE DISTRICT

WALLA WALLA PORT OF
WALLA WALLA SD 140

WASHINGTON ASSOCIATION

WASHINGTON COUNTIES RISK POOL

WASHINGTON FIRE COMMISSIONERS ASSOC

ATTACHMENT A
234

WASHINGTON HEALTH CARE ASSOCIATION

WASHINGTON PUBLIC AFFAIRS NETWORK

WASHINGTON STATE MIGRANT COUNCIL WEST
VALLEY SCHOOL DISTRICT 208
WEST VALLEY SCHOOL DISTRICT 363

WESTERN FOUNDATION THE WHATCOM

CONSERVATION DIST WHATCOM COUNTY

WHATCOM COUNTY FIRE DISTRICT WHATCOM

COUNTY RURAL LIBRARY DIST WHIDBEY

GENERAL HOSPITAL

WHITMAN COUNTY

WHITWORTH WATER

WILLAPA COUNSELING CENTER WILLAPA
VALLEY SCHOOL DISTRICT 160 WILLAPA

VALLEY WATER DISTRICT WINLOCK SCHOOL
DISTRICT 232 WOODINVILLE FIRE & LIFE

SAFETY DIST WOODLAND PORT OF

YAKIMA COUNTY

YAKIMA COUNTY FIRE DISTRICT YAKIMA

COUNTY REGIONAL LIBRARY YAKIMA
SCHOOL DISTRICT 7

YAKIMA VALLEY FARMWORKERS CLINIC

YAKIMA-TIETON IRRIGATION DISTRICT

YELM COMMUNITY SCHOOL DISTRICT

YMCA - TACOMA PIERCE COUNTY

YMCA OF GREATER SEATTLE
*Washington State cities and other unnamed
Washington State local and municipal agencies may
also utilize the resulting Master Price Agreement;
provided they enter into the Intergovernmental
Cooperative Purchasing Agreement.

ATTACHMENT A
235

ATTACHMENT H

ELIGIBLE POLITICAL SUBDIVISIONS BY STATE
ATTACHMENT H: ELIGIBLE POLITICAL SUBDIVISION BY STATE is included as a separate document and incorporated by reference herein.

ATTACHMENT A
236
BID # 2535
Medical Products, Monitors, Software,
Data Transmission, and Related
Services Notice of Solicitation
Due Date: July 28, 2025

ATTACHMENT A
237
Letter of Transmittal
League of Oregon Cities
Procurement Specialist
To Whom it May Concern,
Life-Assist is one of the nation’s largest distributors of emergency medical supplies, equipment and EMS pharmaceuticals. We pride ourselves on responding to the ever-changing needs of the EMS professional and constantly strive to stay informed about the current procedures and equipment used in the pre-hospital environment. We offer quality products at competitive prices.

Life-Assist has a clear understanding of the specifications in the scope of work outlined in this proposal. As the largest Emergency Medical supply distributor located in the Western United States, Life-Assist will provide quality medical supplies and delivery in the time frame requested. Life-Assist is an authorized distributor for all the medical supplies we provide, and we are fully licensed to sell pharmaceuticals. Copies of licenses are provided in our response.

The key representatives and primary contacts for the League of Oregon Cities for this proposal are as follows:

Andy Selby - Vice President of Sales [email protected] Carrie Woodworth – Contracts Manager [email protected] Kortnie Silveira – Customer Care Manager [email protected] This proposal will remain valid for no less than Sixty (60) days as requested by the solicitation. We look forward to working with The League of Oregon Cities on this opportunity.

Main Office
Life-Assist, Inc.
11277 Sunrise Park Drive
Rancho Cordova, CA 95742
(800) 824-6016
[email protected]
Western Distribution Center
11277 Sunrise Park Drive 02
Rancho Cordova, CA 95742
Approx: 75,000 sq ft
Central Distribution Center
10816 Strang Line Road
Lenexa, KS 66215
Approx: 50,000 sq ft
Signature: _____________________________________
Eric Granados, Pricing Specialist
I

ATTACHMENT A
238
Table of Contents
Tab 1 – Letter of Transmittal
Tab 2 – Table of Contents
Tab 3 – About Life-Assist
Tab 4 – Life-Assist's Superior Customer Experience
Tab 5 - Ordering Information
Tab 6 – Dedicated Support Team
Tab 7 - National Contact Resume
Tab 8 - Delivery & Distribution
Tab 9 - Hours of Operation
Tab 10 - Disaster Support Program
Tab 11 - Returns & Warranty
Tab 12 - References
Tab 13 - Customer Testimonials
Tab 14 - Licenses and Certifications
Tab 15 - W-9 and COI
Tab 16 - Attachment C: Specifications
Tab 17 - Attachment D: Pricing Schedule
Tab 18 - Attachment B: Proposer Profile Workbook
Tab 19 - Exhibit 1: Distribution and Support Locations
Tab 20 - Exhibit 2: Declaration of Non-Collusion
Tab 21 - Attachment G: WIPHE Response Form
Tab 22 - Notice of Solicitation
Tab 23 - Proposal Final Certification
Page I
Page II

Page 1 ends

City Council and Concurrent AuthoritiesJune 23, 2026

City Council and Concurrent Authorities
June 23, 2026