Cities Index.
Agenda packet

City Council and Concurrent Authorities
July 7, 2026

Document
Agenda packet
Meeting
July 7, 2026
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City Council and Concurrent Authorities
Pages
28
Original file
246.7 MB
Text extracted from the city's file for reading and search. Open the original on www.stocktongov.com. That file is the official record.

STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2025 – June 30, 2028
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(d) This Section shall not apply to employees when held over at the end of their shift or for voluntary overtime regardless of the amount of notice provided. For purposes of this Section, work can typically be defined as performing normal work duties and attending meetings or trainings.

11.5 Compensatory Time
(a) Definition - As used in this section, the term “Compensatory Time” refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to or excess of their normal work schedule.

Such time has previously been referred to as “Earned Time.” (b) Accrual - For all hours in excess of forty (40) hours in a seven (7) day work period, for which the employee is in a paid status, the Association agrees that Compensatory Time shall be earned at the rate of time and one-half (1½).

No more than eighty (80) hours (fifty-six and one-third hours [56-1/3]) worked at time and one-half (1½) may be carried on the books at any time. When the timesheet is filled out, employees may elect to accrue Compensatory Time or be paid for the hours worked.
(c) Use - Use of Compensatory Time shall be scheduled with due consideration for the wishes of the employee and so as to not interfere with the normal operation of City business. Approval of requests for use of Compensatory Time shall be at the sole discretion of the department head, but once approved, cannot be changed unless an emergency situation arises.
(d) Payment - Once eighty (80) hours of Compensatory Time is accrued on the books, all other hours worked in excess of forty (40) hours in a seven (7) day work period will automatically be paid. At the end of each calendar year, all Compensatory Time will be carried forward (forty (40) hours maximum), unless the employee elects to have the compensatory balance paid. Carryover Compensatory Time cannot exceed the forty (40) hours maximum.

11.6 Standby Compensation
Employees who are placed on standby on their normal day off shall be paid at the rate of three dollars ($3.00) per hour for each hour on standby assignment.

An employee shall earn time and one-half (1½) for all actual time worked while 926
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on standby duty status only if eligible for overtime as defined above. An employee shall not continue to receive the “standby” premium during actual time worked or for any hours paid as overtime or call back. Standby is not considered as time in “paid status because of work performed” for purposes of calculating overtime.

Employees who are placed on standby after the end of their shift on a regular work day shall receive three dollars ($3.00) per hour for each hour of standby.

An employee shall earn time and one-half (1½) for all actual time worked while on standby duty status only if eligible for overtime as defined above. An employee shall not continue to receive the “standby” premium during actual time worked or for any hours paid as overtime or call back. Standby is not considered as time in “paid status because of work performed” for purposes of calculating overtime.

Employees who are placed on standby shall take a City vehicle and a beeper when required to stand by. The vehicle and beeper shall be turned in at the conclusion of each standby assignment.

While in such standby status, employees shall leave with the Command Center a telephone number at which they can be reached. Such employees shall be available to the Police Department within a forty-five (45) minute response time.

11.7 No Standby Compensation for Time Worked
Employees shall not simultaneously receive compensation for court appearance, voluntary court standby, standby, or call back pay provided in sections 11.3(a),

11.3(b), 11.4, or 11.6 above. Employees are eligible to receive overtime only in accordance with section 11.2 above.

11.8 Sergeants Working Hireback
(a) Sergeants will be authorized to work special event hireback in the event that there are insufficient officers willing to volunteer for the special event overtime. The order of hireback will be: (1) officers working voluntary overtime, (2) followed by sergeants working voluntary overtime, (3) followed by officers working mandatory overtime.
(b) Special events are defined as hireback which is not patrol hireback and does not have an enforcement related function.
(c) Pay Rate.
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(1) Because of limitations in the City’s payroll system, Sergeants will initially be paid based on their regular rate for this hireback. (2) However, as soon as it becomes feasible for the City’s payroll system to do so, the City will pay Sergeants working officer hireback under this provision at the top-step officer rate. In that event, overtime pay for the work period in which the hireback occurs will be paid in accordance with the FLSA with the sergeants regular rate of pay based on a weighted average methodology.

The City will notify the Association thirty (30) days before implementing such a system.
(d) Sergeants hired to fill a Sergeant’s position for special events will be paid based on their regular rate.
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SECTION 12. HOLIDAYS

12.1 Holidays Observed by the City
Effective upon the first full pay period following ratification for this MOU by SPOA and approval by the City Council on its regular agenda in accordance with the Ralph M. Brown Act, employees shall receive the following holidays on full pay for any one (1) holiday. Unless otherwise provided in this section, the City observes the following holidays on the dates indicated:
(1) New Year’s Day ............................................................................ (January 1) (2) Martin Luther King’s Birthday .................................(Third Monday in January) (3) Lincoln's Birthday ............................................ (Second Monday in February) (4) Washington's Birthday..........................................(Third Monday in February) (5) Cesar Chavez’ Day ..................................(March 31 -Floating for Non-Patrol) (6) Memorial Day ................................................................(Last Monday in May) (7) Independence Day ...............................................................................(July 4) (8) Labor Day...........................................................(First Monday in September) (9) Columbus Day....................................................(Second Monday in October) (10) Veteran's Day.......................................................................... (November 11) (11) Thanksgiving ................................................. (Fourth Thursday in November) (12) Day following Thanksgiving................................ (Fourth Friday in November) (13) Christmas Day......................................................................... (December 25) (14) Birthday Holiday
For employees on a Monday through Friday workweek or a 9/80 work schedule, if holidays fall on a Sunday, the following Monday shall be observed. If holidays fall on Saturday, the preceding Friday shall be observed.

Employees who are in unpaid status the day before or the day after the holiday will not qualify for holiday pay as described above.

Birthday Holiday Leave. The department head, with due consideration for the wishes of the employee, may authorize the birthday holiday to be taken within sixty (60) calendar days, beginning on the day of the employee’s birthday.

12.2 Holiday Compensation
Non-Patrol Assignments. All regular and probationary Police Unit employees who are not assigned to the traditional 10-plan Field Operations/Patrol shift schedule, and are in assignments which observe City Holidays shall be entitled to take each holiday off with full pay for each of the holidays listed in section 12.1, 929
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above. When an employee works a 4/10 schedule with Saturday, Sunday and Monday as regular days off and the holiday falls on Monday the employee will receive a floating 10-hour holiday for the city-observed holiday that fell on Monday, which must be used within 90 calendar days. Floating holiday requests must be submitted and approved in accordance with departmental time off procedures. Floating holiday requests shall not be unreasonably denied.

The Cesar Chavez floating holiday must be used by December 31 of each year and does not carry forward into the subsequent year. There is no cash value for any unused floating holiday hours. Employees have not earned and cannot use the floating holiday hours until the actual holiday occurs (March 31). (a) Patrol Assignments. All regular and probationary Police Unit employees assigned to the traditional 10-plan Field Operations/Patrol shift schedule shall receive a five percent (5%) holiday in lieu add pay. This additional compensation is for employees who are normally required to work on an approved holiday because they work in positions that require scheduled staffing without regard to holidays. For Association members required to work on an observed holiday, actual hours worked on the holiday will be paid at time and one half (1½).

These members who are permitted to take a holiday off that falls on a regularly scheduled work day shall use appropriate leave hours equivalent to the number of hours of their scheduled shift.
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SECTION 13. COMPENSATION AND ALLOWANCES OTHER THAN BASE SALARY

13.1 Retirement Contribution
(a) Legacy employees hired on or before December 31, 2012, shall pay nine percent (9%) of the employee’s current base salary (employee contribution) and other compensation as qualified by State law towards the employee’s share of cost under the Public Employees’ Retirement System (PERS). Such amounts will be applied to the employee’s individual account.
(b) Non-Sworn Police Officer Trainee. The City and the Association agree that employees hired into the Non-Sworn Police Officer Trainee classification shall be members of the “local miscellaneous” retirement plan rather than the “local safety” retirement plan.

The employee shall contribute seven percent (7%) of the employee’s current base salary and other compensation as qualified by State law toward the PERS Local Miscellaneous Members Plan. Such amounts will be applied to the employee’s individual account in accordance with Government Code Section 20691.

Upon satisfactory completion of basic recruit training, the Non-Sworn Police Officer Trainee (Local Miscellaneous Member) shall be transferred to Sworn Police Officer plan (Local Safety Member).

13.2 Military Service Credit
The City shall provide for military service pursuant to the provisions of Government Code Section 21024, formerly Section 20930.3, and Section 20930.33, at the employee's expense.

13.3 PERS Fourth Level Of 1959 Survivor Benefits
The City provides PERS California Government Code Section 21574 (Fourth Level of 1959 Survivor Benefits) as an additional retirement benefit, to be effective upon adoption by the Stockton City Council and the PERS Administration Board.

13.4 PERS 3% At Age 50 Retirement for Employees Hired on or before 931
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December 31, 2012
On July 21, 2000, the City made application to PERS to provide PERS California Government Code Section 21362.2 (3% at age 50) as an amendment retirement benefit, to be effective upon adoption by the Stockton City Council and the PERS Administration Board.

13.5 PERS Benefits for Employees hired on or after January 1, 2013 (a) The City shall amend its CalPERS contract to eliminate sick leave conversion and the enhanced survivor benefits for all employees hired on or after August 16, 2013, the effective date of the contract amendment. (b) Employees with Reciprocity: Employees hired on or after January 1, 2013, who had service under another CalPERS agency or public retirement system with reciprocity prior to January 1, 2013, and a break in service of less than six (6) months and are considered legacy employees by PERS AB 340, shall be subject to the PERS pension formula of 3% @ 50 with only the optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay the employee’s statutory employee’s contribution for these benefits of nine percent (9%).
(c) Employees without Reciprocity: Employees hired on or after January 1, 2013, shall be subject to the AB340 PERS pension formula of 2.7% @ 57 with no optional pension enhancements and the other provisions of the retirement tier they were hired under. Employees shall pay fifty percent (50%) of the City’s normal cost rate for the 2.7% @ 57 as determined by CalPERS.

13.6 Uniform Allowance
(a) Employees in this unit shall receive as additional annual compensation, a uniform allowance in the amount of nine hundred and fifty dollars ($950.00).

Payment shall be made in two (2) equal installments of one-half (1/2) of the annual value of uniform allowance to eligible employees during the months of April and October.
(b) Protective Vests. The City shall provide safety protective vest and annual testing by lot number.
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13.7 P.O.S.T. Incentive Pay
(a) The City will pay three percent (3%) of the top salary step in rank for employees who attain an Intermediate P.O.S.T. Certificate and six percent (6%) of the top salary step in rank for employees who attain an Advanced P.O.S.T. Certificate.
(b) The Personnel and Training Division of the Police Department will submit the appropriate paperwork to the Human Resources Department confirming and authorizing P.O.S.T. Educational Incentive Pay for eligible employees.

Compensation shall be effective the first of the month following the date of eligibility for the certificate.

13.8 Longevity Increment Pay for Police Officer for Grandfathered Employees Only
Effective August 1, 2011, Longevity Increment Pay for Police Officer shall be eliminated. Those members who were receiving Longevity Increment Pay as of July 31, 2011, shall be grandfathered, and effective August 1, 2011, their Longevity Increment Pay shall be reduced by five percent (5%) and shall remain frozen at that level, and no additional increments shall be earned, as described herein.
(a) For those members who as of July 31, 2011 were receiving five percent (5%) of top salary step in rank for longevity, upon completion of six (6) continuous years of service as a public safety officer with the Stockton Police Department, effective August 1, 2011, those members shall no longer receive longevity increment pay. This longevity increment pay shall remain frozen at this level, and no additional increments shall be earned. (b) For those members who as of July 31, 2011 were receiving seven percent (7%) of top salary step in rank for longevity, upon completion of nine (9) continuous years of service as a public safety officer with the Stockton Police Department, effective August 1, 2011, the City shall pay two percent (2%) of top salary step in rank for longevity pay. This longevity increment pay shall remain frozen at this level, and no additional increments shall be earned.
(c) For those members who as of July 31, 2011 were receiving twelve percent (12%) of top salary step in rank for longevity, upon completion of twelve 933
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(12) continuous years of service as a public safety officer with the Stockton Police Department, effective August 1, 2011 the City shall pay seven percent (7%) of top salary step in rank for longevity pay. This longevity increment pay shall remain frozen at this level, and no additional increments shall be earned.
(d) For those members who as of July 31, 2011 were receiving fourteen percent (14%) of top salary step in rank for longevity, upon completion of eighteen (18) continuous years of service as a public safety officer with the Stockton Police Department, effective August 1, 2011 the City shall pay nine percent (9%) of top salary step in rank for longevity pay. This longevity increment pay shall remain frozen at this level, and no additional increments shall be earned.
(e) For those members who as of July 31, 2011 were receiving nineteen percent (19%) of top salary step in rank for longevity, upon completion of twenty-four (24) continuous years of service as a public safety officer with the Stockton Police Department, effective August 1, 2011 the City shall pay fourteen percent (14%) of top salary step in rank for longevity pay.

This longevity increment pay shall remain frozen at this level, and no additional increments shall be earned.
(f) For the limited purpose of defining continuous service under this section of the MOU, continuous service shall include leaves without pay for less than one (1) year as long as the public safety officer did not withdraw their contributions to PERS.
(g) Effective July 1, 2012, Section 13.8(a) through (f) are modified as follows:

Employees who are receiving Longevity Pay as described above shall have their Longevity pay reduced an additional four percent (4%) effective July 1, 2012, except individuals whose 2011 reduction of the following amounts (Reductions of Longevity pay, elimination of Master Officer Pay, elimination of Educational Incentive and payment of employees PERS contribution) was twenty-two percent (22%) shall have their Longevity amount reduced by one percent (1%). The longevity increment pay shall remain frozen at this level and no additional increments shall be earned nor shall additional persons qualify for this pay.
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13.9 Longevity Increment Pay For Police Sergeant
The five percent (5%) Longevity Pay received by Sergeants is frozen effective July 1, 2012, and no additional persons shall qualify for this pay.

13.10 Canine Handler Compensation
Employees assigned canine responsibilities shall be paid a maximum of ten (10) hours per month, at the rate of one and one-half (1½) time. Compensation shall be for time spent by officers on their off-duty time to feed and exercise the dog and to clean the kennel.

13.11 Motorcycle Officer Compensation
Effective the first full pay period after the effective date of this contract, employees assigned motorcycle responsibilities shall be paid a maximum of four and one-quarter (4.25) hours per month, at the rate of one and one-half (1½) time. Compensation shall be for the time spent by officers on their off-duty time to clean, wax, and generally maintain their assigned motorcycles.

13.12 Explosive Ordinance Disposal (EOD) Compensation
Unit members assigned to EOD shall be paid a maximum of five (5) hours per month at the rate of one and one-half (1½) time.

13.13 Special Weapons And Tactics (SWAT) Compensation
Effective the first full pay period after the effective date of this contract, Association members assigned to SWAT shall be paid a maximum of four and one-quarter (4.25) hours per month at the rate of one and one-half (1½) time.

13.14 Field Training Officer Compensation
The pay for Association members assigned as a Field Training Officer shall be five percent (5%) of the top salary step of rank.

13.15 Bilingual Pay
The pay for qualified and approved bilingual skills will be two and one-half percent (2.5%) of the top salary step of rank.

To be eligible for this differential pay, an officer must be certified to meet the functional needs of the Department. The Chief of Police has the sole discretion in 935
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determining the number of officers needed for bilingual services, the languages that will be recognized, and the functional language skills needed for the Department.

13.16 Acting Pay
Any employee who is assigned by proper authority to work in a higher paid classification and who performs a majority of the duties of that higher position shall receive that rate of pay in a step of the higher classification which would have been received if the employee had been promoted into that classification.

13.17 CalPERS Reportability
The City makes no representation as to whether any of the compensation or payments in the MOU are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this MOU is outside of the City’s control.

13.18 Flight Pay Differential
(a) Effective first full pay period following adoption, employees assigned to the Aero Detail as pilots shall receive a ten percent (10%) differential. (b) Employees assigned to the Aero Detail as observers shall receive sufficient flight instruction to enable them to land safely in an emergency. (c) The City shall provide employees assigned to the Aero Detail with suitable protective flight equipment, including but not limited to:
(1) One (1) Flight Helmet
(2) One (1) Nomex Flight Suit
(3) One (1) Pair of Nomex Gloves

13.19 Mobile Command Post
Effective the first full pay period after the effective date of this contract, employees assigned to the Mobile Command Post team who maintain a Class A license shall be paid an additional one (1) hour per month, at the rate of one and one-half (1½) time. Compensation shall be for the time spent by officers on their off-duty time to maintain their Class A license.
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13.20 Lapse of Certification
An employee receiving an add pay under section 13 of this MOU, whose certification lapses, will not be eligible for the add pay and will be subject to reassignment. Reinstatement of the add pay will commence upon recertification.

13.21 Recruitment and Retention Side-Letter: Longevity
The City agrees that the intent of the longevity pay provided in the side-letter is to be reportable to CalPERS and will meet and confer with the SPOA regarding any reportability issues identified by CalPERS.
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SECTION 14. INSURANCE PLANS

14.0 Reopener Clause for Health Insurance
The Association agrees at the City’s request to meet and confer on any changes that are within mandatory scope of bargaining in any City proposals related to its City sponsored medical plans that are related to the implementation of the Affordable Care Act (ACA).

14.1 Health Insurance And Related Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental and vision plans. Each plan shall offer an employee only, employee plus one (1), and employee plus two (2) or more dependents coverage. The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility. Employees shall become eligible for medical, dental, and vision insurance on the first day of the month following date of hire. An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one (1) City-offered health plan). (c) City Contribution Towards the Cost of Insurance Programs. (1) Effective July 1, 2022, the City shall contribute the following:
a. Up to $697.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan
coverage.
b. Up to $1,265.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $1,685.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
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medical/dental/vision plan coverage.
(2) Effective July 1, 2023, City shall contribute the following:
a. Up to $711.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan
coverage.
b. Up to $1,290.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $1,719.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.
(3) Effective July 1, 2024, City shall contribute the following:
a. Up to $725.00 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan
coverage.
b. Up to $1,316.00 per month toward the cost of the monthly premium for employee plus one (1) dependent
medical/dental/vision plan coverage.
c. Up to $1,753.00 per month toward the cost of the monthly premium for employee plus two (2) or more dependents
medical/dental/vision plan coverage.

These contributions are based on full-time employment; regular part-time employees shall receive a prorated contribution based on their percentage of full-time employment. Insurance plan premiums that exceed the City's monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical, vision, and dental to be pre-tax premium conversion.
(c) Plan Rules. Employees may insure themselves and their eligible dependents under the medical, vision and dental plans provided by the City, in accordance with the rules and regulations applicable to the 939
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selected Plan. Benefits in the Plan shall be in accordance with the Plan document.

14.2 Retiree Medical Trust
The City will cooperate with the SPOA to amend the documents related to the SPOA Retiree Medical Trust ("RMT") to reflect that the City relinquishes all of its right to designate any trustees under the RMT and any and all rights, obligations, or responsibility under the RMT so that only the SPOA designated Trustees will administer the RMT.

The City has no objection to the transfer of all current assets in the RMT to another trust (the "Receiving Trust") selected by the SPOA designated RMT Trustees so long as the Receiving Trust agrees to hold those assets for the exclusive benefit of eligible retirees. Further, the SPOA and the City agree that the transfer of assets will be contingent on the SPOA and Receiving Trustees agreeing that on and after the transfer of the assets of the RMT to the Receiving Trust (i) the City's only obligation with respect to such Receiving Trust will be to make any agreed upon contributions to the Receiving Trust, and (ii) the SPOA and the Receiving Trustees further agree that on and after the transfer of the assets of the RMT to the Receiving Trust, to indemnify and hold harmless the City and the City designated trustees from any claim whatsoever by the SPOA, any unit member, or any beneficiary of the Receiving Trust with respect to the Receiving Trust. Such claims include, but are not limited to, (i) any claim for benefits under the Receiving Trust or any plan funded by the Receiving Trust, (ii) any claim regarding the administration of, or fiduciary duties under, the Receiving Trust, (iii) any claim regarding the tax treatment of contributions to the Receiving Trust (so long as the City complies with applicable federal law and guidance from the Internal Revenue Service), and (iv) any claim regarding the terms of the Receiving Trust or selection of trustees.

The City's obligation to contribute to the RMT has ceased. However, in the event that the Association’s membership votes to approve member contributions to the Receiving Trust, the City agrees to deduct those contributions (and any required administrative fees charged by third parties) from members’ paychecks. Nothing herein commits the City to paying any portion of any future contribution.

14.3 Life Insurance
The City shall provide each employee group term life insurance coverage with a face value of fifty thousand dollars ($50,000.00). In addition, employees may 940
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purchase additional voluntary life through their Association or through the City’s IRS 125 vendor.

14.4 Long Term Disability Insurance
The City shall reduce the base pay of employees in this Association by twenty dollars ($20.00) per month and instead shall provide to each bargaining unit member twenty dollars ($20.00) per month for the purpose of purchasing Long Term Disability Insurance. The Association recognizes and agrees that it is their responsibility for purchasing a Preferred Long Term Disability Program for its represented employees or otherwise investing such payments pursuant to this section as it deems appropriate.
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SECTION 15. SALARY PLAN

15.1 Salary
(a) Cost of Living Adjustment (COLA)
(1) Effective the first full pay-period following SPOA ratification and City Council adoption in open session, employees will receive a six percent (6%) increase to base pay (comprised of a 2% COLA for 2025, a 2% COLA for 2026, and a 2% Market Adjustment).
(2) Effective July 1, 2027, employees will receive a four percent (4%) increase to base pay (comprised of a 2% COLA and a 2% Market Adjustment).
(b) Lump Sum Payment
Each employee who was employed in the bargaining unit as of July 1, 2025 and who remained employed as of the ratification and adoption of this agreement will receive a three thousand and five hundred ($3,500.00) lump sum non-pensionable bonus (subject to all applicable withholdings) to be paid by the second scheduled payday in the same month.

15.2 Salary Ranges
Effective the first full pay period following ratification by the City Council in open session, the City shall add three additional steps at two and a half percent (2.5%) each step. Progression in the additional steps will require one year of paid status within the step prior, (i.e. progression to Step 7 requires 1 year of service in Step 6 and progression to Step 8 requires 1 year of service in Step 7).

Step 8 Acceleration: Following ratification and adoption of this agreement, bargaining unit members who have been at Step 6 for more than 1 year shall progress as follows:
 Bargaining unit members who have been at Step 6 for two years or more will be eligible to progress to Step 8;
 Bargaining unit members who have been at Step 6 for more than one (1) year but less than two (2) years of service (at Step 6), shall immediately advance to Step 7 but shall receive credit for all prior service time accrued 942
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at Step 6 towards progression to Step 8. For example, a member who has 18 months of service at Step 6 shall be moved to Step 7 and then shall be moved to Step 8 after six additional months of service.  Once advanced to Step 8, members shall thereafter progress to Step 9 upon completion of one (1) year of paid service in Step 8, consistent with the standard progression schedule.

15.3 Salary Upon Appointment
Except as herein otherwise provided, the entrance salary step for a new employee entering the classified service shall be the minimum salary step for the class to which appointed. When circumstances warrant, the City Manager may approve an entrance salary which is more than the minimum salary step for the class to which that employee is appointed. Such a salary may not be more than the maximum salary for the class to which that employee is appointed.

15.4 Salary Equivalents
Any monthly, daily or hourly rate of pay may be converted into any equivalent rate of pay or to any other time bases when in the judgment of the City Manager, such a conversion is advisable. In determining equivalent amounts on different time bases, the City shall provide tables or regulations for the calculation of payment for service of less than full-time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates.

15.5 Effective July 1, 2005 – Salary Step Plan – Police Officers Appointed On Or After January 1, 1999
There shall be six (6) salary steps for the classification of Police Sergeant and Police Officer. Eligible employees will be moved to the next step every twelve (12) months. Any reference in this MOU to a different schedule for step increase shall be adjusted accordingly. In a case where a person possesses unusual qualifications, the City Manager may authorize appointment above the first salary step after receiving the recommendation of the department head. The same provisions shall apply to hourly-paid and part-time persons.

All step references below are to the salary schedule for the Police Officer classification. Non-Sworn Police Officer Trainees are hired at the rate identified in the single step salary classification for Police Officer Trainee. 943
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The first salary step shall be the minimum salary rate and shall be the normal hiring rate for the classification of Police Officer.

The second salary step shall be paid upon the employee’s satisfactory completion of twelve (12) months of service at the first salary step and upon the written recommendation of the department head.

The third salary step shall be paid upon the employee’s satisfactory completion of twelve (12) months of service at the second salary step and upon the written recommendation of the department head.

The fourth salary step shall be paid upon the employee’s satisfactory completion of twelve (12) months of service at the third salary step and upon the written recommendation of the department head.

The fifth salary step shall be paid upon the employee’s satisfactory completion of twelve (12) months of service at the fourth salary step and upon the recommendation of the department head.

The sixth salary step shall be paid upon the employee’s satisfactory completion of twelve (12) months of service at the fifth salary step and upon the recommendation of the department head.

Regardless of an employee's length of service, salary step advancements in any given class may be made upon recommendation of the department head with the approval of the City Manager, but not above Step 3 for a given range.

Salary step increases shall be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date.

If a department head recommends to withhold salary increases because an employee has not achieved the level of performance required for the position, the recommendation of notice must be received by the City Manager at least four (4) weeks in advance of the employee’s eligibility date. The affected employee shall be furnished a copy of the department head’s recommendation.

Changes in an employee's salary because of promotion, demotion, postponement of salary step increase, or special merit increase will set a new salary anniversary date for that employee, which date shall be as stated in the preceding paragraph.
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Salary range adjustments for the classification will not set a new salary anniversary date for employees serving in that classification.

15.6 Salary Step Plan – Non-Sworn Police Officer Trainee Status An employee with the status of Non-Sworn Police Officer Trainee shall be paid at step one (1) of the Police Officer Trainee salary range. Upon passing all the requirements of the Basic Peace Officer Academy and transfer to the sworn position of Police Officer, the employee shall be paid at step one (1) of the salary range of Police Officer. The Trainee shall not qualify for Safety status while in the Academy.

15.7 Salary Step After Military Leave
All employees who have been granted a military leave shall, upon their return to the City service, be entitled to the automatic salary advancements within the range scale of the established wage schedule of their classifications for the period they were in the military service.

15.8 Salary Step When Salary Range Is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided by the City Manager.

15.9 Salary Step After Promotion or Demotion
When an employee is promoted from a position in one class to a position in a higher class, and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher class, that employee shall be entitled to the next step in the salary scale of the higher class which is approximately five percent (5%) but in no case less than four percent (4%) above the rate they have been receiving, except that the next step shall not exceed the maximum salary of the higher class. When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the class to which they are demoted, and the specific rate of pay within the range shall be final. 945
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CITY OF STOCKTON 51

15.10 Salary On Reinstatement
If a former employee is reinstated in the same position previously held or to one carrying a similar salary range, their salary shall not be higher than their salary at the time of their separation unless there has been an increase within the salary range.

15.11 Special Assignment Differential
(a) All Police Unit employees who are not assigned to the traditional 10-plan Field Operations/Patrol shift schedule and are assigned to schedules that regularly observe holidays off shall receive a “Special Assignment” differential equal to five percent (5%) of the employee’s current base pay.

This pay is in exchange for the elimination of extra holiday compensation for these positions.
(b) While not all-inclusive, examples of those special assignments wherein the Special Assignment Differential would apply include positions within the Investigations Division, Administrative Services Division, Technical Services Division, Special Operations Division, Traffic Section, and Professional Standards Section. The primary qualifying factor for Special Assignment Differential is that the special assignment is one in which the assigned personnel generally observe all holidays off, as the section/unit “closes” on holidays. These can generally be described as “non-patrol” assignments.

15.12 Bi-Weekly Pay Period
The City and the Association agree to bi-weekly pay, twenty six pay periods per year for all employees in the bargaining unit.

15.13 Police Sergeant Compaction Reopener
In the event a compaction issue arises within the Sergeant classification as a result of an officer promoting to a higher step than a current Sergeant, the parties agree to meet and confer to resolve the compaction issue. 946
EXHIBIT 1

STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2025 – June 30, 2028
CITY OF STOCKTON 52
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SECTION 16. RESIDENCY
All sworn public safety officers in the employ of the City of Stockton shall reside within a geographic area from which they can reach City Hall within forty-five (45) minutes.

SECTION 17. SEVERABILITY OF PROVISIONS
In the event that any provision of the MOU is declared by a court of competent jurisdiction to be illegal or unenforceable, that provision of the MOU shall be null and void, but such nullification shall not affect any other provisions of this MOU, all of which other provisions shall remain in full force and effect.

SECTION 18. PAST PRACTICES AND EXISTING MEMORANDA OF

UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this MOU.

This MOU shall supersede all existing Memoranda of Understanding between the City and the Association.

SECTION 19. SCOPE OF AGREEMENT
Except as otherwise specifically provided herein, this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring. Neither party shall, during the term of this MOU, demand any change therein nor shall either party be required to negotiate with respect to any matter; provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement.

SECTION 20. DURATION
All provisions of this MOU shall be effective July 1, 2025, and shall remain in full force and effect to and including the 30th day of June, 2028. 948
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CITY OF STOCKTON 54
SECTION 21. MAINTENANCE OF OPERATIONS
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. Therefore, the Association and each employee represented hereby agrees that during the course of negotiations necessary to conclude a successor agreement to this MOU, the Association or any person acting in its behalf, or each employee in a classification represented by the Association shall not cause, authorize, engage in, or sanction a work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing, other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours, and other terms and conditions of employment. (b) An employee shall not be entitled to any wages or City paid benefits whatsoever if the City Council, by majority vote, determines to its satisfaction, that the employee is, or has, engaged in any activity prohibited by subsection (a) of this section. The City may take other action which it deems appropriate. (c) If the City Council, by majority vote, determines to its satisfaction, that subsection (a) of this section has been violated by the Association, the City may take such remedial action as it deems appropriate.
(d) The Association recognizes the duty and obligation of its representatives and members to comply with the provisions of this MOU and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties. In the event of any activity prohibited by subsection (a) hereinabove, the Association agrees to take supererogatory steps necessary to assure compliance with this MOU.
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EXHIBIT 1

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CITY OF STOCKTON 55
SECTION 22. CITY RIGHTS
(a) The Association recognizes that the rights of the City derive from the Constitution of the State of California and the Government Code and not from the MOU. All matters not specifically addressed in this MOU are reserved to the City. (b) The Association recognizes and agrees that the exercise of the express and implied powers, rights, duties, and responsibilities by the City, such as, the adoption of policies, rules, regulations and practices, and the use of judgment and discretion in connection therewith shall be limited only by the specific and express terms of this MOU.
(c) The Association recognizes that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing these services limited only by the specific and express terms of this MOU. The exclusive rights of the City shall include but not be limited to, the right to determine the organization of City government and the mission of its constituent agencies; to determine the nature, quantity and quality of services to be offered to the public and to determine the means of operations, the materials and personnel to be used, the right to introduce new or improved methods or facilities, and to change or alter personnel, methods, means, materials and facilities, to exercise control and discretion over its organization and operations through its managerial employees; to establish and effect rules and regulations consistent with applicable law and the specific and express provisions of this MOU; to establish and implement standards of selecting City personnel and standards for continued employment with the City; to direct the workforce by determining the work to be performed, the personnel who shall perform the work, assigning overtime and scheduling the work; to take disciplinary action; to relieve its employees from duty because of lack of work or funds; to determine whether goods or services shall be made, purchased or contracted for; and to otherwise act in the interest of efficient service to the community.

In cases of emergency when the City determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with a recognized employee organization, the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.

SECTION 23. CONDITIONAL AGREEMENT RE: PLAN SUPPORT AND
950
EXHIBIT 1

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CITY OF STOCKTON 56

TREATMENT OF CLAIMS
(a) Confirmation of Plan. The City agrees to use its best efforts to obtain confirmation of, and to implement, a plan of adjustment (“Plan”) that is consistent with the terms of this MOU, or as applicable, its successor MOU. All of the provisions of this article except 2(c) shall be null and void in the event that the Plan contemplated by this Agreement is not confirmed and does not become effective.
(b) SPOA’s Claims. SPOA alleges that its members have claims in the bankruptcy case against the City relating to the City’s modification of its 2009 Memorandum of Understanding (“2009 MOU”), pursuant to Declarations of Fiscal Emergency beginning on or about May 26, 2010 and continuing in effect thereafter, and in connection with the treatment of the claims of SPOA and its members under the Pendency Plan (collectively, the “Claims”), and that, in the aggregate, the Claims exceed thirteen million dollars ($13,000,000). The City disputes the Claims and contends that the Claims would not be allowed in the chapter 9 case. It further asserts that, if the Claims were allowed, they would be allowed in an amount aggregating less than thirteen million dollars ($13,000,000).

In consideration of resolving the above differences and agreement on the MOU, the City agrees that the Claims shall be provided for in the Plan as follows:
(1) The Claims will be deemed allowed in the chapter 9 case in the aggregate amount of eight million, five hundred thousand dollars ($8,500,000) (the “Allowed Claims”). In consideration for the reduction in the amount of the Claims, SPOA members employed during fiscal year 2010-2011 and/or 2011-2012 shall be credited, upon final approval of the MOU by the Parties and, if necessary, by the Bankruptcy Court, twenty-two (22) additional hours of paid leave in fiscal year 2012-2013. These additional hours of paid leave shall have no cash value and shall be utilized any time prior to the date upon which the SPOA member leaves employment with the City. Only those employees who were employed during some portion of the period July 1, 2010 and July 1, 2012 and who were still current employees upon the effective date of this Agreement shall be entitled to this treatment.
(2) The Allowed Claims shall be satisfied under the Plan by the City by crediting SPOA members employed during fiscal year 2010-2011 and/or 2011-2012, eleven (11) additional paid leave hours in the fiscal year of approval of the Plan and eleven (11) additional paid leave hours in the fiscal year after approval of the Plan. This benefit shall only apply to those 951
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CITY OF STOCKTON 57
employees who were employed during some portion of the period July 1, 2010 and July 1, 2012 and who are current employees as of the date the Plan is approved by the Bankruptcy Court. The total additional paid leave per SPOA member under paragraphs 2(a) and 2(b) of this article shall equal forty-four (44) hours. These additional paid leave hours shall have no cash value, and shall be utilized any time prior to the date upon which the SPOA member leaves employment with the City. It is understood that the provision of these hours shall be the sole compensation for the Claims of SPOA and its members. The additional twenty-two (22) hours additional paid leave credit contained in this paragraph 2(b) shall be contingent upon confirmation of the Plan and on the Plan becoming effective. (3) Notwithstanding the foregoing, in the event that the Plan is not confirmed and does not become effective, the Claims shall not be allowed as specified herein, and both SPOA and the City agree that the Claims will be considered unresolved, with each Party reserving the right to assert or contest the Claims; provided, however, that the monetary equivalent of any paid leave hours taken pursuant to this article shall serve as a credit against the Claims.
(c) Implementation of 2012-2014 SPOA Memorandum of Understanding. The City shall include in its proposed Plan provisions that give effect to and comport with the terms of this Agreement.
(d) Plan Support. SPOA agrees to use its best efforts to support the Plan, the provisions of which include the treatment of the Claims as described above, and which are consistent with the terms of the MOU. SPOA’s support for the Plan shall include statements in papers filed in the Bankruptcy Court and in appearances by its counsel in Bankruptcy Court. SPOA shall use its best efforts to cause its members to vote to approve the Plan, to withdraw any proofs of claim they have filed which are inconsistent with the MOU and not object to, or otherwise commence any proceeding against, or take any other action opposing any of the terms of the MOU, the Plan or any disclosure statement filed in connection with the Plan. At the City’s request, such support may also include the execution by SPOA of an agreement to recommend that its members vote in favor of the Plan.
(e) Further Assurances. The Parties agree to execute and deliver such other instruments and perform such acts, in addition to the matters herein specified, as may be reasonably appropriate or necessary, from time to time, to effectuate the agreements and understandings of the Parties, whether the same occurs before or after the date of this Agreement.
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(f) Release of Claims. Except for the Parties’ respective obligations stated in the MOU, SPOA, on behalf of all employees in its bargaining unit, and the City hereby release and discharge each other, and their respective past or present parents, subsidiaries, successors, predecessors, assigns, and their respective officers, directors, employees, agents, attorneys, and each of them, from and against any and all defenses, claims, demands, losses, damages, and causes of action of whatever kind or nature, whether known or unknown, suspected or unsuspected, which either of them may now or hereafter have against the other in any way related to the Claims and or Litigation Claims (as such term is defined below). This release shall include, but is not limited to, within thirty (30) days of approval of the Plan, dismissing with prejudice litigation and cross litigation claims (“Litigation Claims”) pertaining to San Joaquin County Superior Court case number 39-2010-00245197-CU-WM-STK, San Joaquin Superior Court Case number 39-2010-00253803 and Third Appellate District appellate case numbers C070347 and C068723. These cases shall remain stayed until the occurrence of the effective date of the Plan or the dismissal of the chapter 9 case. The Parties agree to waive any and all claims for attorneys’ fees or costs associated with the Litigation Claims.

The Parties, and each of them, hereby waive the provisions of section 1542 of the California Civil Code, which reads as follows:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his settlement with the debtor.

The Parties, and each of them, understand that if the facts with respect to which this release is given turn out to be different from the facts now known or believed by either of them to be true, each of them expressly assumes the risk of the facts turning out to be different, and agrees that this release shall be in all respects effective and not subject to termination or rescission by any such difference in facts.

This release shall be binding upon and inure to the benefit of the Parties and their respective past or present parents, subsidiaries, successors, predecessors, assigns, and their respective officers, directors, employees, agents, attorneys, including but not limited to all bargaining unit employees, and each of them.

This release shall not apply to any pending disciplinary cases, or grievances pertaining to those disciplinary cases, but shall apply to any lawsuits filed related 953
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to those disciplinary cases.
(g) Resolution of Dispute regarding the Property at 1132 N. Country Club Rd., Stockton, CA (“the Property”). City agrees to waive SPOA’s obligation to sell the Property identified in MOU section 23(g), contingent on dismissal of all pending litigation pursuant to section 23(f). SPOA shall continue renting the Property to third parties. No SPOA member, family member, agent or person within SPOA’s control shall apply to rent the Property.
(1) In renting the Property, SPOA shall utilize a licensed third-party rental agent not affiliated with SPOA or its agents.
(2) SPOA shall sell the Property not later than November 1, 2015, unless this provision is waived in writing by the City. (3) The Property shall be maintained in its present state and SPOA shall exercise its best efforts to ensure that its tenants not interfere with the City Manager’s quiet enjoyment of their home.
(4) SPOA shall not seek to change the use of the Property as a single family residence (maximum two unrelated adults, or two adults and two children).
(5) Notwithstanding the effective date and expiration date of the MOU, this section (g)(1) shall be effective November 1, 2012, and shall apply to the SPOA’s current efforts to lease the Property. It shall expire upon the sale of the Property, unless otherwise agreed by the Parties.
(h) No Admissions. Except to acknowledge responsibility to perform the terms of this article or to enforce those terms, the Parties agree that nothing contained in this article or any action taken or the failure to take any action pursuant to this article ever is to be construed as an admission or evidence tending to establish the validity of either Party's claims, including the initial Claims. (i) Rules of Construction. The Parties agree that any rule of construction to the effect that ambiguities are resolved against the drafting party shall not apply to the interpretation of this article, since both Parties have reviewed it with counsel of their respective choice. Otherwise, this article shall be governed by and interpreted in accordance with the law of the State of California and the Bankruptcy Code.
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SECTION 24. CONCLUSIVENESS
(a) The specific provisions contained in the Agreement constitute the entire and sole agreement between the City and the Association and shall prevail over existing City ordinances, resolutions, rules and regulations, policies, procedures, and practices wherever there is a direct conflict between previous written policies and practices and a specifically contradictory term of this Agreement. Existing written policies, rules, regulations, ordinances and resolutions shall be amended to conform to the terms of this Agreement. Only those policies and practices directly and expressly revised by this Agreement shall be deemed to be modified by this Agreement.
(b) All matters not addressed specifically and expressly by this Agreement are, and shall continue to be, within the exclusive decision-making authority of the City and shall not be in any way, directly or indirectly, subject to any grievance procedure.
(c) This Agreement may be altered, changes, added to, deleted from, or modified only through the voluntary consent of the City and the Association in a written and signed amendment to this Agreement.
(d) During the term of this agreement, the City shall not exercise any discretion to defund or otherwise alter the financial terms of the Side Letter Agreement ensuring that all agreed-upon compensation and benefits are fully funded and implemented during the term of this agreement. This conclusiveness clause shall sunset at the end of this agreement, June 30, 2028.
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IN WITNESS WHEREOF this Memorandum of Understanding was ratified by a membership vote of the Association on ____________ and by an affirmative vote of the Stockton City Council on ______________. The SPOA and the City of Stockton have hereto executed this Memorandum of Understanding this ____day of _________, 2026.

For the City of Stockton: For the Stockton Police Officers Association:
_________________________________ _________________________________

JOHNNY FORD PATRICK HIGH
City Manager President
_________________________________ _________________________________

ALECIA FIGIEROA CHRIS SHERMAN
Acting Director of Human Resources Vice President
Approved as to form: _________________________________

STACIE CASABIAN
Negotiator for Association
By:
_________________________________
MARCI A. ARREDONDO
City Attorney
By:
_________________________________

CHE JOHNSON
Negotiator for the City
ATTEST:
________________________________

KATHERINE ROLAND
City Clerk
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STOCKTON POLICE OFFICERS ASSOCIATION (SPOA) SUCCESSOR MOU TERM: July 1, 2025 – June 30, 2028
CITY OF STOCKTON 62
957
Fund Fund Name
COLA &
Health
Increases Additional Steps
One Time
Lump Sum Total
$5,601,291 $2,473,884 $1,396,500 $9,471,675
100 GENERAL FUND 5,209,201 2,300,712 1,298,745 8,808,658 200 MEASURE W 336,077 148,433 83,790 568,300
260 OTH SP REV 56,013 24,739 13,965 94,717
FY 2026-27 Budget Amendment for SPOA MOU Changes Effective 7/1/2026 EXHIBIT 2
958

COLA MGT RANGE VAC COLA MGT RANGE VAC
339,523 82,302 179,297 223,096 42,484 117,337
662 160 349 4,042 770 2,126
193 47 102 94 18 50
EXHIBIT 2
959
City of Stockton
Legislation Text
File #: 26-0749, Version: 1
REVISE 2026 CITY COUNCIL AND CONCURRENT AUTHORITIES MEETING CALENDAR

RECOMMENDATION
It is recommended that the City Council and Concurrent Authorities adopt by motion the REVISED 2026 City Council and Concurrent Authorities Meeting Calendar.

DISCUSSION
Background
By Motion 2025-11-18-1207, the Stockton City Council approved the 2026 City Council and Concurrent Authorities Meeting Calendar.

Present Situation
An amendment to the 2026 Council meeting calendar is proposed to move the August 11, 2026, meeting to August 18, 2026. Mayor Christina Fugazi requested the change due to a meeting conflict on the City Manager’s calendar. He will be attending the City Leadership Initiative Program.

A Revised 2026 City Council and Concurrent Authorities Meeting Calendar has been included as Attachment A.

All other dates remain the same.

FINANCIAL SUMMARY
There is no direct financial impact to the City with this action.

Attachment A - REVISED 2026 Stockton City Council Meeting Calendar City of Stockton Page 1 of 1 Printed on 7/2/2026
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ATTACHMENT A
961
City of Stockton
Legislation Text
File #: 26-0648, Version: 1

ADOPT A RESOLUTION AUTHORIZING AN ON-CALL CONTRACT WITH CONDOR EARTH TECHNOLOGIES, LLC. FOR FATS, OILS AND GREASE INSPECTION SERVICES (ALL

DISTRICTS - CITYWIDE)

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

1. Accept the specifications and addenda for the Request for Sealed bids for FOG Inspection Services, PUR 26-025 (Exhibit 1 to the Resolution).

2. Authorize a five-year contract with Condor Earth Technologies, LLC. of Stockton, California, for Fats, Oils, and Grease Inspection Services in an amount not-to-exceed $1,851,165 (Exhibit 2 to the Resolution).

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

Summary
The Municipal Utilities Department’s Environmental Control Division (EC) administers the City’s Fats, Oils, and Grease (FOG) Control program. EC staff carry out public outreach, conduct inspections, collect wastewater samples, review self-monitoring reports, issue permits, and enforce compliance for approximately 1,000 food service establishments (FSE) within the City’s sewer service area.

Ongoing staffing shortages in the Environmental Control Division have left the City unable to complete required inspections. Temporary on
‑
call consultant support is needed until vacant positions are filled and new staff are trained.

If approved by the City Council, this item would award an on-call contract for up to five years with Condor Earth Technologies, LLC. of Stockton, California, for FOG Inspection Services for a total notto-exceed of $1,851,165.

DISCUSSION
Background
The City’s FOG program is driven by multiple regulatory requirements. It is mandated under the Statewide General Waste Discharge Requirements for Wastewater Collection Agencies and further detailed in the City’s Sanitary Sewer Management Plan. In addition, Chapter 13.40 of the Stockton Municipal Code governs discharges of fats, oils, and grease from food service establishments. The City of Stockton Page 1 of 3 Printed on 7/2/2026
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File #: 26-0648, Version: 1
program’s primary objectives are to educate businesses, inspect infrastructure, and review documentation to ensure proper operation and maintenance of FOG-related systems.

The EC staff oversees wastewater discharges from permitted categorical and significant industrial users in accordance with federal, state, and local regulations. The division also administers the City’s FOG Control program. EC staff conduct public outreach, perform inspections, collect wastewater samples, review self-monitoring reports, issue permits, and enforce requirements for approximately 1,000 FSE in the City’s sewer service area. The FOG program is a comprehensive effort designed to reduce the frequency and severity of sanitary sewer overflows associated with fats, oils, and grease.

Since early 2024, the EC team has experienced significant staff losses and currently has two vacant Senior Environmental Control Officer positions, with only two entry-level positions filled. The most recent recruitment for Senior Officers, which closed at the end of April 2026, yielded only one minimally qualified applicant. To meet required inspection obligations, the City must supplement existing staff with on-call consultant support until vacancies are filled and new staff are trained.

To comply with Assembly Bill (AB) 339, staff notified the Operating Engineers’ Local 3 business representative on January 22, 2026, of the City’s intent to issue a solicitation. AB 339 requires a minimum 45-day written notice to unions before releasing RFPs, RFQs, or renewing service contracts involving represented job classifications. No response was received from the union prior to issuing the RFP.

On March 31, 2026, the City publicly advertised Request for Proposals PUR 26-025 in The Record’s Legal Notice section and on the City’s Bid Flash webpage. The request for proposals was also distributed to prospective proposers via Ask Stockton for FOG inspection services.

Present Situation
On April 23, 2026, the City received three proposals from the following companies:

Company Name
Condor Earth Technologies, LLC. of Stockton, California DFT Solutions Group of Stockton, California
WGR Southwest, Inc. of Lodi, California
A selection committee carefully evaluated and discussed each proposal in detail. Based on Condor’s demonstrated understanding of the scope of work, technical expertise, and familiarity with the City’s FOG Program, staff recommend awarding Condor a five-year contract for FOG Inspection Services in an amount not to exceed $1,851,165. This total includes potential annual cost increases of up to three percent. Staff’s original estimate for these services over the five-year period was approximately $2,500,000.

Findings
Pursuant to the Stockton Municipal Code (SMC) section 3.68.070, the City Council may approve findings that support and justify an exception to the competitive bidding process. The following City of Stockton Page 2 of 3 Printed on 7/2/2026
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File #: 26-0648, Version: 1
findings support and justify an exception:

1. A strict cost-competitive basis for the selection of professional services may lower the quality and thoroughness of the services provided.

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

3. Ongoing staffing shortages in the Environmental Control Division have left the City unable to complete required inspections. Temporary on
‑
call consultant support is needed until vacant
positions are filled and new staff are trained.

4. The City negotiated a contract following a request for competitive proposals in accordance with SMC section 3.68.070.A.3.

FINANCIAL SUMMARY
The total cost of $1,851,165 covers on-call support services over the five-year term or until the vacant positions are fully staffed and trained. The estimated cost for the first year is $380,275.

Sufficient funding for these services is included in the FY 2026-27 Environmental Control Special Services budget (6521-000-630006-610-000-00-65-000-000 and 6521-000-630006-620-000-00-65- 000-000).

Funding for subsequent years will be budgeted within the same accounts and will remain subject to City Council approval through the annual budget process.

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

City of Stockton Page 3 of 3 Printed on 7/2/2026
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING A CONTRACT WITH CONDOR EARTH
TECHNOLOGIES, LLC. FOR FATS, OILS, AND GREASE INSPECTION SERVICES The Municipal Utilities Department’s Environmental Control Division (EC) administers the City’s Fats, Oils, and Grease (FOG) Control program. EC staff carry out public outreach, conduct inspections, collect wastewater samples, review self-monitoring reports, issue permits, and enforce compliance for approximately 1,000 food service establishments (FSE) within the City’s sewer service area; and The FOG program is a comprehensive effort designed to reduce the frequency and severity of sanitary sewer overflows associated with Fats, Oils, and Grease (FOG); and Since early 2024, the EC team has experienced significant staff losses and currently has two vacant Senior Environmental Control Officer positions, with only two entry-level positions filled. To meet required inspection obligations, the City must supplement existing staff with on-call consultant support until vacancies are filled and new staff are trained; and
On March 31, 2026, the City publicly advertised Request for Proposals PUR 26-025 in The Record’s Legal Notice section and on the City’s Bid Flash webpage. Bid specifications were also distributed to prospective bidders via Ask Stockton to provide FOG inspection services; and
On April 23, 2026, the City Clerk’s office received three sealed bids; and Based on Condor’s demonstrated understanding of the scope of work, technical expertise, and familiarity with the City’s FOG Program, staff recommend awarding Condor a five-year contract for FOG Inspection Services in an amount not to exceed $1,851,165.

This total includes potential annual cost increases of up to three percent; now, therefore,

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

1. The City Council approves the following findings pursuant to Stockton Municipal Code Section 3.68.070 to support and justify an exception to the competitive bidding process:
a. A strict cost-competitive basis for the selection of professional services may lower the quality and thoroughness of the services provided. 965
b. Use of the RFP process is appropriate for this FOG Inspection Program because it relies on the evaluation of professional qualifications and performance as the basis for selection of a vendor. Use of the criteria helps ensure selection of a vendor that will provide the highest quality professional service, which is in the public interest.
c. Ongoing staffing shortages in the Environmental Control Division have left the City unable to complete required inspections. Temporary on‑call consultant support is needed until vacant positions are filled and new staff are trained.
d. The City negotiated a contract following solicitation of competitive proposals in accordance with SMC section 3.68.070.A.3.

2. The Specifications and Addenda for the Request for Proposals for FOG Inspection Services (PUR 26-025) are hereby accepted and attached as Exhibit 1 and incorporated by this reference.

3. A five-year contract with Condor Earth Technologies, LLC. of Stockton, California, for FOG Inspection Services in an amount not to exceed $1,851,165 is hereby authorized, a copy of which is attached as Exhibit 2 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED July 7, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
966

REQUEST FOR PROPOSALS (RFP)
PUR 26-025

FATS, OILS AND GREASE PROGRAM INSPECTION

SERVICES
PROPOSALS WILL BE RECEIVED UNTIL THE HOUR OF 2:00 PM,
THURSDAY, APRIL 23, 2026; ELECTRONICALLY AT
[email protected]
EXHIBIT 1
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Proposal Opening April 23, 2026

RFP INFORMATION
Contact Rajvir Sahota
Email Address [email protected]
NON-MANDATORY On-site
Meeting
There will Be No On-site Meeting
Due Date for Questions and
Clarifications
April 09, 2026
2:00 PM (PST)
Due Date for Response to
Questions/Clarifications
April 16, 2026
5:00 PM (PST)
RFP Submittal
Electronic Mail or on a USB
Flash drive
[email protected] or
Office of the City Clerk, City Hall
425 North El Dorado Street
Stockton, California 95202
RFP Submittal Due Date &
Time
Thursday, April 23, 2026
2:00 PM (PST)
Interviews Scheduled Week of April 27, 2026 (Tentative) Short-List Interviews Week of May 5, 2026 (Tentative)
Notification of Intent to Award May 11, 2026
Bid Security & Bonds ☐ Bid Security ☐ Bonds
Labor Compliance ☐ DIR Registration ☐Contractor License Anticipated Date for Council
Approval
July 21, 2026
* Dates and times may be modified as deemed necessary by the City. Any schedule changes will be communicated through the City's Bid Flash Platform. Respondents are responsible for regularly monitoring Bid Flash for any adjustments and updates.

IMPORTANT!!!
The City is not responsible for misdelivered proposals, and the proposer is strictly liable for its chosen method of delivery. It is the proposer’s sole responsibility to make sure that proposals arrive at the proper location. Any proposal that does not actually arrive in the City Clerk’s Office or email by the RFP due date and time will be rejected as nonresponsive, even if properly addressed or delivered to another City Department.

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NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that sealed proposals are invited by the City of Stockton, California, for PUR 26-025 Fats, Oils, and Grease Program Inspection Services in strict accordance with the specifications.

The City of Stockton, herein after referred to as the “City”, is requesting proposals from businesses or individuals, herein after referred to as “Proponent”, to provide Fats, Oils, and Grease Program Inspection Services to the City. The City is seeking a qualified proponent to provide Fats, Oils, and Grease (FOG) program inspection Services of Food Services Establishments for Compliance with City requirements.

Proposal specifications and forms can be obtained from the City of Stockton's website at:
www.stocktonca.gov/mudbid. Proposals must be marked "PUR 26-025 FATS, OILS, AND GREASE PROGRAM INSPECTION SERVICES ” and emailed to [email protected] or delivered (mail or in person) on a USB flash drive to the Office of the City Clerk, City Hall, 425 North El Dorado Street, Stockton, CA 95202, up to but not later than 2:00 pm (PST) on Thursday, April 23, 2026. Proponents will only be identified as responding to the RFP; no proposals will be opened or read aloud. Each Proponent must be licensed in accordance with applicable California State Law.

The City reserves the right to reject any/or all proposals received and re-advertise.

Information on Proposal Process/Clarification/Technical Data Rajvir Sahota, Procurement Division
(209) 937-8357
e-mail: [email protected]
DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.

Dated: March 31, 2026

KATHERINE ROLAND, CMC, CPMC, CITY CLERK

CITY OF STOCKTON
EXHIBIT 1
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Proposal Opening April 23, 2026
Table of Contents

1.0 ISSUING BODY .......................................................................................................... 1

2.0 BACKGROUND/SUMMARY....................................................................................... 1

3.0 SCOPE OF SERVICES............................................................................................... 1

4.0 PROJECT SCHEDULE OF EVENTS ......................................................................... 4

5.0 SUBMITTAL REQUIREMENTS .................................................................................. 4

5.1 PROPOSAL GUIDELINES, CONTENT, AND FORMAT ............................................. 4

6.0 SELECTION CRITERIA & EVALUATION................................................................... 5

7.0 CITY REQUIREMENTS............................................................................................... 7

7.1 LOCAL BUSINESS PREFERENCE ............................................................................ 7

7.3 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS (NOT APPLICABLE) 8

7.4 MANDATORY/OPTIONAL PRE-SUBMITTAL MEETING (NOT APPLICABLE) ......... 8

7.5 TERM .......................................................................................................................... 8

7.6 OTHER GOVERNMENT AGENCIES .......................................................................... 8

7.7 INSURANCE REQUIREMENTS.................................................................................. 8

7.8 APPLICABLE LAW..................................................................................................... 9

7.9 METHOD OF PAYMENT............................................................................................. 9

7.10 NOTICE TO OUT OF STATE BUSINESS ................................................................... 9

7.11 CONFIDENTIALITY....................................................................................................10

7.12 PROTEST POLICY.....................................................................................................10

8.0 GENERAL REQUIREMENTS, TERMS & CONDITIONS ...........................................11

8.1 CONSEQUENCE OF PROPOSAL SUBMISSION......................................................11

8.2 ACCEPTANCE OR REJECTION OF PROPOSAL.....................................................11

8.3 RIGHT TO CHANGE OR AMEND REQUEST ............................................................12

8.4 CANCELLATION........................................................................................................12

8.5 EXAMINATION OF PROPOSAL MATERIALS ..........................................................12

8.6 ADDENDA AND INTERPRETATION .........................................................................13

8.7 DISQUALIFICATION..................................................................................................13

8.8 CONDITIONS IF WORK IS SUBCONTRACTED........................................................13

8.9 LICENSING REQUIREMENTS...................................................................................14

8.10 PREVAILING WAGE (NOT APPLICABLE)................................................................14

8.11 INDEMNITY AND HOLD HARMLESS........................................................................15

8.12 COMPETITIVE PRICING............................................................................................15 EXHIBIT 1
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8.13 AVAILABLE FUNDING ..............................................................................................15

8.14 TERMINATION FOR CONVENIENCE........................................................................15

8.15 AUDITING CHARGES AND SERVICES ....................................................................15

8.16 CHANGES..................................................................................................................15

8.17 AWARD......................................................................................................................15

9.0 PROJECT SUBMITTAL CHECKLIST ................................................................................17

10.0 REQUIRED PROPOSAL DOCUMENTS...........................................................................18 ATTACHMENT A - PROPONENT CONTACT INFORMATION ............................................18 ATTACHMENT B- PROPONENT’S COVENANT .................................................................19 ATTACHMENT C - NON-COLLUSION AFFIDAVIT..............................................................20 ATTACHMENT D – AGENCY REFERENCE FORM.............................................................22 ATTACHMENT E – CERTIFICATION OF FINANCIAL CONDITION ....................................23 ATTACHMENT F – PRICE PROPOSAL...............................................................................24 ATTACHMENT G - SUBCONTRACTOR LIST .....................................................................25 ATTACHMENT H - EXCEPTIONS........................................................................................26 ATTACHMENT I - CERTIFICATE OF NONDISCRIMINATION.............................................27 ATTACHMENT J - CONFLICT OF INTEREST DISCLOSURE - AB334 ...............................28

11.0 PROPOSAL EXHIBITS..............................................................................................29

11.1 EXHIBIT 1 – INSURANCE REQUIREMENTS ............................................................29

11.2 EXHIBIT 2 – SAMPLE CONTRACT ...........................................................................33 EXHIBIT 1
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1 1.0 ISSUING BODY
This Request for Proposal (“RFP”) is being issued by the City of Stockton, Municipal Utilities, for the PUR 26-025 Fats, Oils, and Grease Program inspection Services.

2.0 BACKGROUND/SUMMARY
The City of Stockton (City) is a Charter City incorporated in 1850. The City is the county seat of San Joaquin County and is located in California’s San Joaquin Valley, 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles, and 40 miles south of Sacramento. The County is bound by Sacramento County to the north and Stanislaus County to the south. Approximately 310,000 residents live in Stockton.

The City of Stockton Municipal Utilities Department (MUD) manages, operates, and maintains three utility enterprises: Water, Wastewater and Stormwater. The Wastewater Enterprise is the subject of this Request for Proposals.

The Wastewater Enterprise generally includes the regional wastewater collection system and the treatment and disposal facilities located at the Stockton Regional Wastewater Control Facility (RWCF). The Environmental Control Division is part of MUD and is responsible for ensuring food service establishments (FSEs) comply with regulations related to the City’s Fats, Oils, Grease (FOG) program.

3.0 SCOPE OF SERVICES
The City of Stockton (City) has developed a comprehensive program to address sanitary sewer overflows associated with fats, oils, and grease (FOG). The program consists of inspections, enforcement procedures, public education, and public outreach to all Food Service Establishments (FSEs) in the City's regional sewer service area. The FOG Control Program is currently operated by the Pretreatment Section of the Municipal Utilities Department. The City is investigating having some of this work performed by an environmental consulting firm. This document outlines the scope of services required to be performed by a contractor to perform this work.

Below are proposed tasks to be considered under this scope of work. These are only proposed tasks and are not all-inclusive.

Task 1 Routine Inspections
All FSEs are inspected on a regular basis to determine compliance with FOG Ordinance regulations and to provide public education and outreach. The number and frequency of inspections required under this scope of services are to be determined.

Inspection procedures include:
• Determination of compliance with FOG Ordinance requirements. • Determination of grease interceptor condition, operation, and maintenance. • Measurement of grease interceptor grease and solids content.

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2 • Evaluation of Kitchen Best Management Practices (BMPs). • Review of all FOG control-related records and documents. • Distribution and discussion of educational and outreach materials. • Review and evaluation of any prior FOG control deficiencies. • Follow-up inspections at all FSEs with deficiencies are conducted within 30 days of the original inspection.
• Second follow-up inspections if the deficiency was not remedied by the time of the first re-inspection are performed within 15 days of the initial re-inspection.

Continuing re-inspections are performed as necessary.
• All new or substantially remodeled FSEs are typically inspected within 90 days of start-up or remodel completion.

FSE Population
• 900-950 FSEs total
• 50-60% have Grease Interceptors
• 40-50% require enforcement actions
• 30-40% require follow-up inspections
Task 2 Enforcement
The City has implemented a FOG Enforcement Response Plan (ERP) to establish general enforcement responsibilities for the FOG Ordinance. The ERP is an effective way to ensure that the City of Stockton takes fair, consistent, and equitable enforcement actions against FSEs for violations of the FOG Ordinance.

Enforcement procedures include:
• Determination of compliance with FOG Ordinance requirements. • Issuing an enforcement notice at the time of inspection. • Follow-up inspections to determine compliance status.

Task 3 FOG Software Implementation
The City has contracted with SwiftComply to provide FOG Inspection and Enforcement tracking software. If this system goes live during the contract, the successful bidder will be utilized to assist the City in bringing the software online and implementing its use in the field.

Required Equipment and Materials
• Source identification database (provided by City)
• Inspection forms, brochures, outreach material, etc. (provided by City). The City is in the process of implementing a FOG Inspection and Enforcement tracking software. If this system goes live during the contract, the successful bidder will be EXHIBIT 1
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3 provided with access to the system and the information from the inspections will be required to be entered into the system. A mobile printer will be required to print inspection forms and enforcement notices for delivery to the FSE upon completion of the inspections.
• Associated tools (manhole cover remover, etc.)
• Vehicles
• Dipstick Pro Core Samplers: www.environmentalbiotech.com/collections/dipstickpro%E2%84%A2 • All safety equipment necessary to perform restaurant kitchen inspections and monitor grease interceptor contents (cover removal and measuring solids content).

Expectations
• Pick up files from the City, conduct inspections, and return files with completed inspection forms to City. If follow-up inspections are needed (generally 2-4 weeks), coordinate with City staff to retain or obtain files.
• Inspections conducted without prior scheduling with the FSE. • Equipment and associated samplers to be kept clean between inspections. • Inspections will occur Monday through Friday, except Federal holidays, during normal business hours. Route planning should account for expected hours of operation for the FSEs.
• The City’s expectation is for all active FSEs to be fully inspected (initial and any follow-up inspections) once each year.
• FSEs that are not open at the time of inspection will be visited a second time, taking into account the operating hours of the facility. If the facility remains closed, the City will be notified and will determine follow-up actions. • The inspector will notify the City immediately if FSEs deny access or pose a safety concern for the inspector.
• FSEs that are no longer in business will not be visited. However, evidence of the status will be provided to the City. If a safety concern for the inspector is apparent, the inspector shall notify the City immediately.

City Responsibilities
• City will provide FSE list, contact information, and routes for routine inspections. • City will provide brochures and forms while inspections are completed without software.
• City will provide badges so that contract inspectors are identified as authorized FOG inspectors for the City.
• FOG Standard Operating Procedures (SOP) will be provided. A two to four week training period with assigned personnel will be available, if needed, to ensure the City’s procedures and requirements are met.
• Check in meetings (initially, close oversight will be required so that City procedures are followed).

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4 4.0 PROJECT SCHEDULE OF EVENTS
The dates indicated within this RFP are the anticipated milestones for this project. All dates are subject to change at the City's discretion. All changes to this schedule will be posted on the City’s Bid Flash platform.

5.0 SUBMITTAL REQUIREMENTS

5.1 PROPOSAL GUIDELINES, CONTENT, AND FORMAT
The City of Stockton uses a qualifications-based selection process in obtaining these services. In order for the City to properly evaluate the Proponents’ qualifications to perform this work, the proposals shall include, as a minimum, the following information:

A. Evidence of the Proponent’s ability to be responsive to this project in regard to timeliness and expertise, including the availability of staff proposed to be assigned.

B. The Proponents are encouraged to expand on the Scope of Work to demonstrate their expertise. Evaluation of the proposals will be based on qualifications, the experience of staff proposed to be assigned to the project, references, and the thoroughness of the Proponent’s response to the Scope of Services.

C. Such additional information that the Proponent may feel would be pertinent to assist the City of Stockton in making its final decision.

D. Please submit an electronic version of the proposal and cost proposal to [email protected], or it can be hand-delivered or mailed (USB flash drive required) to the City Clerk's Office, 425 N. El Dorado Street, Stockton, CA 95202.

1. The required proposal documents are to be submitted:
i. Cover Letter and Executive Summary
ii. Full response to the Scope of Services as defined in this solicitation iii. Attachment A - Proponent Contact Information
iv. Attachment B - Proponent Covenant
v. Attachment C – Non-Collusion Affidavit (Notary is required) vi. Attachment D – Agency Reference List
vii. Attachment E – Certification of Financial Condition viii. Attachment G – Subcontractor List
ix. Attachment H – Exception Form
x. Attachment I – Nondiscrimination Form
xi. Attachment J – Conflict of Interest Disclosure – AB334 Form xii. All Addenda’s signed by vendor (if applicable)

2. The required cost proposal documents are to be submitted:
i. Cover Letter
ii. Attachment F – Price Proposal
E. Material and data not specifically requested for consideration, but which the Proponent wishes to submit, must not appear with the Proposal but may appear only in an “Additional Data” section. This specifically refers to the following types of data: Generalized narrative of supplementary information and Supplementary graphic material.

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5 F. All proposals must be signed with the full name of the Proponent, if an individual; by an authorized general partner, if a partnership; or by an authorized officer, if a corporation.

G. When proposals are signed by an agent other than an officer of a corporation or a member of a general partnership, the power of attorney authorizing the signature must be submitted with the proposal.

H. The original proposal shall be signed. Modification to a proposal after the proposal submittal deadline will not be accepted by the City.

6.0SELECTION CRITERIA & EVALUATION
The City is interested in selecting a qualified proposer capable of providing the scope of work described in this solicitation and the resulting awarded contract. A key component of a successful proponent will be the ability to meet the City's performance goals while minimizing costs.

The Evaluation Panel will consist of the City of Stockton staff. Following review of the proposals, the Panel may invite one or more Proponents to make an oral presentation.

During these presentations, the Proponent will be allowed to present such information as may be appropriate, so that the Panel can effectively and objectively analyze all materials and documentation submitted as part of the proposals.

Each proponent must be represented by an individual who will serve as the prime contact to the City and to any other individuals the firm may select. The highest-rated proposal(s) will then be further reviewed through financial analysis and reference checks.

Proposals shall be evaluated according to demonstrated understanding of required tasks, technical approach to specified operations, qualifications of staff, the company’s experience, demonstrated knowledge of best practices for the identified scope, financial business strength, and fee schedule proposal. Proper format and demonstrated experience will merit consideration.

To that end, each proposal will be evaluated based on, but not limited to, the following criteria, listed in relative order of importance:

A. Familiarity with FOG Regulations (State and Local)
B. Experience with FOG Inspections
C. Price
Proponents may elect to submit proposals that include multiple organizations (subcontractors). If it includes multiple subcontractors, background information for each subcontractor must be provided, along with a clear description of their scope(s) of work.

COVER LETTER:

Submit a letter on your company letterhead that addresses the proposal and its format.

The letter should be signed by an officer of the business authorized to bind the business EXHIBIT 1
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6 to all comments made in the proposal, and shall include the name, address, phone number, and e-mail address of the person(s) who will be authorized to represent your business.

In no more than three (3) pages, the Cover Letter and Executive Summary shall include:

1. The names of the key members of the Proponent team.

2. The mailing address, telephone number, and the name of the main point of contact for the Proponent team.

3. A summary of the company’s experience and qualifications, as it relates to the Scope of Service of this solicitation and the significant advantages to selecting the Proponent.

4. An acknowledgement of receiving any addendum(s) to the solicitation document.

5. Indicate that the proposal and all its contents, including the fee proposal, are valid for a period of 120 days.

6.1 QUALIFICATIONS AND EXPERIENCE

1. Describe how your company is organized, noting major divisions and any parent/holding companies, as well as a brief history of the company and all personnel potentially to be involved in the project, including all sub-consultants.

Designate the Principal in Charge and other key personnel. Include résumés.

Also, provide a description of your company's experience with similar processes.

2. Provide a list of references with the current contact person, e-mail address, and phone number who may be contacted regarding company performance. Use Attachment D for references.

The review team will conduct a background reference review of each respondent. Please include the following information for three (3) projects that the proposed consultant team worked on together:

A. Name of the Agency or Firm
B. Location of the Service/Project
C. Name, title, and contact information for the client.

D. Description of Services/Project
E. Dates of the Service/Project

3. Financial Capacity
The Proponent must be able to demonstrate a good record of performance and have sufficient financial resources to ensure that they can satisfactorily provide the services required herein.

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7 All Proponents are required to fill out Attachment E – Certification of Financial Condition.

The Proponent deemed best evaluated and which the City intends to enter into a contract will be required to submit a full and detailed presentation of the true condition of the Proponent’s assets, liabilities, and net worth. The report should include a balance sheet and an income statement. If the Proponent is a new partnership or joint venture, individual financial statements must be submitted for each general partner or joint venture thereof. If the proponent is a publicly held corporation, the most current annual report should be submitted.

Any Proponent who, at the time of submission, is involved in an ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or dissolution proceeding, or if a trustee or receiver has been appointed over all or a substantial portion of the property of the Proponent under federal bankruptcy law or any state insolvency law, may be declared non-responsive.

6.2 METHOD OF APPROACH

1. Proponent shall submit a response statement indicating that they understand the requirements of the Scope of Work.

2. Explain in detail how your firm will meet the requirements of the Scope of Work.

3. Explain the best practices your company will use in providing the proposed services.

4. Describe your company’s quality assurance practices and processes to ensure high-quality delivery of services to meet the requirements of this solicitation

6.3 PRICE PROPOSAL FORM

1. Using Attachment F – Price Proposal for required services. The proponent must submit a signed price proposal form under a separate electronic file. Do not include it in the technical proposal response. Provide a detailed basic fee structure and breakdown of any other charges related to your company’s proposal as specified. Finalist’s fee structure may be subject to negotiation.

7.0 CITY REQUIREMENTS

7.1 LOCAL BUSINESS PREFERENCE
Stockton Municipal Code Section 3.68.090 reads as follows:

Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal.

Local merchants who have a physical business location within the boundaries of San Joaquin County, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted a two (2) percent bid preference.

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8 Local merchants who have a physical business location within the boundaries of the City of Stockton, and who have applied for and paid a business license tax and registration fee pursuant to Stockton Municipal Code Title 5, Chapter 5.08, License Taxes, shall be granted a five (5) percent bid preference.

This section is intended to give preference in the award of certain City contracts to encourage businesses to move into and expand within the City. (Ord. 2014-03-18-1601 C.S. § 1; prior code § 3-106.1)

7.3 LOCAL EMPLOYMENT—PUBLIC WORKS CONTRACTORS (NOT

APPLICABLE)
Bidders must comply with City of Stockton Municipal Code (SMC) Section 3.68.095, Ordinance No. 011-09 § 1, adopted September 1, 2009, effective October 1, 2009.

7.4 MANDATORY/OPTIONAL PRE-SUBMITTAL MEETING (NOT APPLICABLE)

7.5 TERM
The City intends to award a five (5)- year contract.

7.6 OTHER GOVERNMENT AGENCIES
If mutually agreeable to all parties, the use of any resultant contract or purchase order may be extended to other political subdivisions, municipalities, or tax-supported agencies.

Such participating governmental bodies shall make purchases in their own name, pay directly to the successful Proponent, and be liable directly to the successful Proponent, holding the City of Stockton harmless.

7.7 INSURANCE REQUIREMENTS
Proponent, at Proponent’s sole cost and expense and for the full term of the resultant contract or any extension thereof, shall obtain and maintain at least all of the insurance requirements listed in attached Exhibit 1.

All coverage shall be provided by a carrier authorized to transact business in California and shall be primary. All policies, endorsements, and certificates shall be subject to the Risk Manager of the City of Stockton's approval as to form and content. These requirements are subject to amendment or waiver, provided such amendment or waiver is approved in writing by the Risk Manager.

Maintenance of proper insurance coverage is a material element of this contract, and failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

The Proponent shall assert that these insurance requirements will be met as part of their proposal response. Failure to comply with these insurance requirements may result in a proposal being deemed unresponsive. The proponent shall satisfy these insurance requirements concurrently with the signing of the contract, prior to commencement of work. It is strongly suggested that insurance requirements be reviewed with the EXHIBIT 1
979
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
9 Proponent’s broker to ensure any additional costs are included in the proposal pricing component.

Any questions regarding insurance requirements, please contact the City of Stockton Risk Services at (209) 937-5037.

7.8 APPLICABLE LAW
Applicable law shall be governed by the laws of the State of California. Venue shall be proper in the Superior Court of the State of California, County of San Joaquin, Stockton Branch, or, for actions brought in Federal Court, the United States District Court for the Eastern District of California, Sacramento Division.

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

Assembly Bill 334 - Conflict of Interest
The selected consultant will not be prevented from participating in future projects to the extent that no direct conflict of interest exists at the time. Consultants responsible for a project’s design may not participate in construction management/construction inspection of the project. The determination of a conflict of interest, direct or incidental, shall be at the sole discretion of the City of Stockton.

7.9 METHOD OF PAYMENT
Payment will be made within thirty (30) days of the City's receipt and acceptance of the invoices. Invoices are to be rendered monthly, unless otherwise prescribed by the contract.

7.10 NOTICE TO OUT OF STATE BUSINESS
It is the policy of the City of Stockton to pay all applicable California sales/use tax directly to the State Board of Equalization (BOE) pursuant to California Revenue and Taxation Code 7051.3. The City of Stockton will self-accrue all sales/use tax on purchases made from out-of-state businesses, unless the Proponent provides documentation evidencing that the business is registered with the State of California.

Sales and use tax on purchases made by the City of Stockton from all companies located outside California, not registered with the state, and whose products are shipped from out of state, will be remitted to the BOE directly by the City under permit number SR KHE 28- 051174 DP. Please do not include sales/use tax on the invoice that you submit to the City of Stockton.

Questions regarding the City of Stockton’s payment of sales/use tax can be directed to the City of Stockton’s Procurement Division at (209) 937-8357.

EXHIBIT 1
980
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
10 7.11 CONFIDENTIALITY
If Proponent believes that portions of a proposal constitute trade secrets or confidential commercial, financial, geological, or geophysical data, then the Proponent must specify by, at a minimum, stamping in bold red letters the term "CONFIDENTIAL" on that part of the proposal which the Proponent believes to be protected from disclosure. The Proponent must submit in writing specific detailed reasons, including any relevant legal authority, stating why the Proponent believes the material to be confidential or a trade secret. Vague or general claims regarding confidentiality will not be accepted. The City will be the sole judge as to whether a claim is general and/or vague in nature. All offers, and parts of offers that are not marked as confidential, may be automatically considered public information after the contract is awarded. The Proponent is hereby put on notice that the City may consider all or parts of the offer public information under applicable law, even though marked confidential.

7.12 PROTEST POLICY
Protest and Appeal Procedures. In order to maintain fairness and impartiality, the City of Stockton has established a solicitation protest policy and procedure.

PROTEST PROCEDURE
A. All protests must be in writing and stated as a formal protest.

B. The protest must contain a complete statement of the basis for the protest and must include all relevant supporting documentation.

C. The solicitation process and procedures, including evaluation criteria, shall not be proper grounds for protest. Concerns related to the solicitation process and procedures, including evaluation criteria, should be raised and addressed, if at all, prior to the bid/proposal due date and time to allow adjustments before evaluation of the solicitation. The party challenging the award decision will bear the burden of proof of material error to justify invalidation of the proposed award.

D. Protests must be filed with the City's Chief Financial Officer, or designee, not later than five (5) days after the date the City mails, emails, and/or posts on the City’s Bid Flash platform, the Letter of Intent to Award.

E. Deliveries of the protest by hand, mail, or email are acceptable.

F. The City is not responsible for lost or misplaced protests, or to assure the protest is received within the protest deadlines.

PROTEST REVIEW
A. The Chief Financial Officer or designee shall respond in writing to a material issue raised in the protest within thirty (30) days of receipt of the protest letter.

EXHIBIT 1
981
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
11 B. The Chief Financial Officer's, or designee's, administrative decision may be appealed in writing to the City Manager no later than (5) business days after the date the Chief Financial Officer's, or designee's, decision has been made.

C. The City Manager shall review and decide the appeal based on the grounds and documentation set forth in the original protest to the Chief Financial Officer, or designee.

D. Each party shall bear its own costs and expenses involved in the protest and appeal process, including any subsequent litigation.

E. The City Manager's administrative decision is final. After the City Manager issues the final administrative decision, the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094 or as such section may be amended from time to time.

F. If the protested procurement involves state or federal funds, the Chief Financial Officer, or designee, shall give notice to the interested party that they have the right to appeal to the appropriate agency, which shall be identified by name and address. An appeal hereunder shall be filed with the appropriate agency within five (5) working days of the dispatch of rejection notices to the interested party(ies).

G. The City may require the protesting party to submit a City Council approved non-refundable protest fee to cover the administrative cost of processing the protest.

8.0 GENERAL REQUIREMENTS, TERMS & CONDITIONS

8.1 CONSEQUENCE OF PROPOSAL SUBMISSION
A. The City shall not be obligated to respond to any proposal submitted nor be legally bound in any manner by the submission of a proposal.

B. Acceptance by the City of a proposal obligates the Proponent to enter into an agreement with the City.

C. An agreement shall not be binding or valid against the City unless or until it is executed by the City and the Proponent.

D. Statistical information contained in these documents is for informational purposes only. The City shall not be responsible for the accuracy of said data.

E. City reserves the right to increase or decrease the project scope.

8.2 ACCEPTANCE OR REJECTION OF PROPOSAL
A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from, or to a proposal may be sufficient grounds for rejection of the proposal.

The City has the right to waive any defects in a proposal if the City chooses to do so. The City may not accept a proposal if any document or item necessary for the proper EXHIBIT 1
982
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
12 evaluation of the proposal is incomplete, improperly executed, indefinite, ambiguous, or missing.

The City reserves the right to select the successful proposal and to negotiate an agreement regarding the scope of services, the performance schedule, and the duration of the services with the Proponent whose proposal is most responsive to the City's needs.

Further, the City reserves the right to reject any and all proposals, or alternate proposals, or waive any informality or irregularity in the proposal, as it is in the City's best interest.

The City reserves the right to reject any and all proposals, or portions thereof, received in response to the solicitation or to negotiate separately with any source whatsoever, in any manner necessary, to serve the best interests of the City. Additionally, the City may, for any reason, decide not to award an agreement under this RFP.

Non-acceptance of any proposal shall not imply that the proposal was deficient. Rather, non-acceptance of any proposal will mean that another proposal was deemed to be more advantageous to the City or that the City decided not to award an agreement as a result of this RFP.

8.3 RIGHT TO CHANGE OR AMEND REQUEST
The City reserves the right to change the terms and conditions of this RFP. The City will notify potential Proponents of any material changes by posting on the City’s website, Bid Flash Platform. No one is authorized to amend any of the RFP requirements in any respect, by an oral statement, or to make any representation or interpretation in conflict with its provisions. If necessary, supplementary information and/or clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/Mudbid. Failure of any Proponent to have received such information and/or clarifications/questions/answers shall not relieve such Proponent from any obligation under his/her proposal as submitted.

Any exceptions to this Proposal shall be clearly stated in writing.

8.4 CANCELLATION
The City reserves the right to rescind the award of the contract at any time before execution of the contract by both parties if rescission is deemed to be in the City’s best interest. In no event shall the City have any liability for the rescission of the award. The Proponent assumes sole risk and responsibility for all expenses associated with the preparation of its proposal.

8.5 EXAMINATION OF PROPOSAL MATERIALS
The submission of a proposal shall be deemed a representation and warranty by the Proponent that it has investigated all aspects of the RFP, that it is aware of the applicable facts pertaining to the RFP process and its procedures and requirements, and that it has read and understands the RFP. No request for modification of the provisions of the proposal shall be considered after its submission on the grounds that the Proponent was not fully informed as to any fact or condition. Statistical information that may be contained EXHIBIT 1
983
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
13 in the Solicitation, or any addendum, is for informational purposes only. The City disclaims any responsibility for this information, which may subsequently be determined to be incomplete or inaccurate.

8.6 ADDENDA AND INTERPRETATION
The City will not be responsible for, nor be bound by, any oral instructions, interpretations, or explanations issued by the City or its representatives. Any request for clarifications, questions, or answers of this RFP shall be made in writing via e-mail and delivered to:
[email protected]
Reference: PUR 26-025 Fats, Oils and Grease Program inspections Services Such requests for clarifications/questions/answers shall be delivered to the City in accordance with the date identified within this Solicitation. Any City response to a request for clarifications/questions/answers will be posted on the City’s website at www.stocktonca.gov/mudbid on the date identified within this Solicitation and will become a part of the Solicitation. The Proponent should await responses to inquiries prior to submitting a proposal.

8.7 DISQUALIFICATION
Any of the following may be considered cause to disqualify a Proponent without further consideration:
a. Evidence of collusion among Proponents.
b. Any attempt to improperly influence any member of the evaluation panel. c. Any attempt to communicate in any manner with a City of Stockton elected official during the RFP process will, and shall be, just cause for disqualification/rejection of Proponent’s proposal/Proponent’s bid submittal and considered non-responsive.
d. A Proponent's default in any operation of a professional services agreement which resulted in termination or suspension of that agreement. e. Existence of any lawsuit, unresolved contractual claim, or dispute between Proponent and the City.
f. No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded from the requirements of this section: Section 3.68.120 of the Municipal Code.

8.8 CONDITIONS IF WORK IS SUBCONTRACTED
The Proponent assumes full responsibility, including insurance and bonding requirements, for the quality and quantity of all work performed. Subcontractor use for any part of any contract resulting from this RFP requires prior written approval from the City authority before any subcontractor work may commence.

EXHIBIT 1
984
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
14 If Proponent's supplier(s) and/or subcontractor's involvement requires the use of a licensed, patented, or proprietary process, the proponent of the process is responsible for assuring that the subcontractor, supplier, and/or operator have been properly authorized to use the process or for providing another process which is comparable to that which is required prior to submission of a proposal.

8.9 LICENSING REQUIREMENTS
Any professional certifications or licenses that may be required to perform the scope of work will be the sole cost and responsibility of the successful Proponent.

A City of Stockton Business license is required for this project. Please contact the City of Stockton Business License Division at (209) 937-8313.

8.10 PREVAILING WAGE (NOT APPLICABLE)
Prevailing wage rates may be required for this project according to State and Federal Labor laws. Prevailing wage rates can be found at
http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

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

No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.

Department of Industrial Relations- Contractor Registration information and web link:
http://www.dir.ca.gov/Public-Works/PublicWorks.html
In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date, and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.

EXHIBIT 1
985
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
15 8.11 INDEMNITY AND HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the 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.

8.12 COMPETITIVE PRICING
Proponent warrants and agrees that each of the charges, economic or product terms, or warranties granted pursuant to this Contract is comparable to or better than the equivalent charge, economic or product term, or warranty being offered to any similarly situated commercial or other government customer of Proponent. If Proponent enters into any arrangements with another customer of Proponent to provide products under more favorable charges, economic or product terms or warranties, Proponent shall immediately notify City of such change, and this Contract shall be deemed amended to incorporate the most favorable charges, economic or product terms or warranties.

8.13 AVAILABLE FUNDING
Any contract resulting from this RFP will terminate without penalty at the end of the fiscal year in the event funds are not appropriated for the next fiscal year. If funds are appropriated for a portion of the fiscal year, this contract will terminate without penalty at the end of the term for which funds are appropriated.

8.14 TERMINATION FOR CONVENIENCE
The City may terminate the resulting Agreement for convenience at any time by mailing or emailing a written notice to the Contractor.

8.15 AUDITING CHARGES AND SERVICES
The City reserves the right to periodically audit all charges and services made by the successful Proponent to the City for services provided under the contract. Upon request, the Proponent agrees to furnish the City with necessary information and assistance.

8.16 CHANGES
The City’s Representative has the authority to review and recommend or reject change orders and price proposals submitted by the Proponent or as recommended by the Proponent’s project manager, pursuant to the adopted City of Stockton Standard Specifications.

8.17 AWARD
Upon conclusion of the solicitation process, the City may award a contract for services identified in the solicitation. The City reserves the right to select the successful Proponent EXHIBIT 1
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PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
16 and to negotiate terms of a contract with the Proponent whose proposal is most responsive to the needs of the City. Further, the City reserves the right to reject any and all proposals, or alternate proposals, or waive any informality in the proposal as it is in the City's best interest.

EXHIBIT 1
987
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
17 9.0 PROJECT SUBMITTAL CHECKLIST
THIS CHECKLIST IS PROVIDED FOR YOUR CONVENIENCE ONLY. IT’S NOT REQUIRED TO BE SUBMITTED WITH THE PROPOSAL.

1. Cover Letter and Executive Summary

2. Full response to proposal as defined in this solicitation

3. Attachment A - Proponent Contact Information

4. Attachment B – Proponent’s Covenant

5. Attachment C – Non-Collusion Affidavit - Sign and notarize by jurat certificate the “Non-Collusion Affidavit” form. An “All-Purpose Acknowledgment” form will not be sufficient.

6. Attachment D – Agency Reference List

7. Attachment E – Certification of Financial Condition

8. Attachment F – Price Proposal (Under separate cover)

9. Attachment G – Subcontractor List

10.Attachment H – Exception Form

11.Attachment I – Nondiscrimination Form

12.Attachment J – Conflict of Interest Disclosure – AB334 Form

13.All Amendment Acknowledgements. Print and sign all
clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid and submit with proposal response *If not completed as required, your bid may be voided.
*DISCLAIMER: The City does not assume any liability or responsibility for errors/omissions in any document transmitted electronically.

EXHIBIT 1
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PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
18 10.0 REQUIRED PROPOSAL DOCUMENTS

ATTACHMENT A - PROPONENT CONTACT INFORMATION
Proponent Business Name
Proponent Contact Name
Proponent Address
Proponent Phone Number
Proponent Email Address
Department of Industrial
Relations ID Number
(if applicable)
EXHIBIT 1
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PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
19 ATTACHMENT B- PROPONENT’S COVENANT
In submitting this proposal, as herein described, the Proponent agrees that:

1. They have carefully examined the Scope of Work and all other provisions of this document and understand the meaning, intent, and requirements of the same.

2. They will enter into contract negotiations and furnish the specified services.

3. They have signed and notarized the attached Non-Collusion Affidavit form, whether individual, corporate or partnership. Must be ‘A Jurat’ notarization.

4. They have reviewed and signed all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid.

5. Confidentiality: Successful Proponent hereby acknowledges that information provided by the City is personal and confidential and shall not be used for any purpose other than the original intent outlined in the Request for Proposal. Breach of confidentiality shall be just cause for immediate termination of the contract agreement.

BUSINESS NAME

ADDRESS

SIGNED BY & DATE

TITLE OR AGENCY

PHONE/FAX NUMBER
EMAIL
EXHIBIT 1
990
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
20 ATTACHMENT C - NON-COLLUSION AFFIDAVIT
No. 1 AFFIDAVIT FOR INDIVIDUAL PROPONENT
STATE OF ____________, )ss.

County of )
(insert)
being first duly sworn, deposes and says: That on behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent. (Signature Individual Proponent)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal
Signature
No. 2 AFFIDAVIT FOR CORPORATION PROPONENT
STATE OF ____________, ) ss.

County of )
(insert)
being first duly sworn, deposes and says: That
they are the of a corporation,
which corporation is the party making the foregoing bid, that such bid is genuine and not sham or collusive, or made in the interest or behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation to put in a sham bid, or that such other person, firm or corporation shall or should refrain from bidding; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent. (Signature Corporation Proponent)
Subscribed and sworn to (or affirmed) before me on this day of , 20 by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal
Signature
EXHIBIT 1
991
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
21 No. 3 AFFIDAVIT FOR FIRM, ASSOCIATION, OR CO-PARTNERSHIP STATE OF _____________, )ss.

County of )
(insert)
, each being first duly sworn, depose and say: That
they are a member of the firm, association or co-partnership, designated as _____who is the party making the foregoing bid; that the other partner, or partners, are that such bid is genuine and
not sham or collusive, or made in the interest or behalf of any person not named herein; that said Proponent has not colluded, conspired, connived or agreed, directly or indirectly with, or induced or solicited any other bid or person, firm or corporation shall or should refrain from proposing; and has not in any manner sought by collusion to secure to themselves any advantage over or against the City, or any person interested in said improvement, or over any other Proponent. (Signature)
(Signature)
Subscribed and sworn to (or affirmed) before me on this day of , 20
by , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

Seal
EXHIBIT 1
992
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
22 ATTACHMENT D – AGENCY REFERENCE FORM
Supply Three (3) References of Government Agencies and/or Firms for whom Bidder has provided similar Services during the last three (3) years:

LIST OF REFERENCES
By signing below, I certify that I am authorized by the company named above to respond to this request.

Company/Firm Name
Address Zip:

Contact Name
Email Phone
Authorized Signature:

1. Agency or Firm Name:

Location of the Service:

Contact Person and Title:

Telephone:

Email Address:

Description of Service:

Date(s) When Service Provided:

2. Agency or Firm Name:

Location of the Service:

Contact Person and Title:

Telephone:

Email Address:

Description of Service:

Date(s) When Service Provided:

3. Agency or Firm Name:

Location of the Service:

Contact Person and Title:

Telephone:

Email Address:

Description of Service:

Date(s) When Service Provided:

EXHIBIT 1
993
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
23 ATTACHMENT E – CERTIFICATION OF FINANCIAL CONDITION
Vendor Name: __________________________
The undersigned hereby certifies that: [check all applicable boxes] ☐ The Vendor is in sound financial condition and, if applicable, has received an unqualified audit opinion for the latest audit of its financial statements.

Date of latest audit: ____________________ (If no audit within past 18 months, explain reason below.)
☐ The Vendor has no outstanding liabilities, including tax and judgment liens, to the Internal Revenue Service or any other government entity.
☐ The Vendor is current in all amounts due for payments of federal and state taxes and required employment-related contributions and withholdings.
☐ The Vendor is not the subject of any current litigation or findings of noncompliance under federal or state law.
☐ The Vendor has not been the subject of any past or current litigation, findings in any past litigation, or findings of noncompliance under federal or state law that may impact in any way its ability to fulfill the requirements of this Contract.
☐ He or she is authorized to make the foregoing statements on behalf of the Vendor.

Note: This shall constitute a continuing certification and Vendor shall notify the Contract Lead within 30 days of any material change to any of the representations made herein.

If any one or more of the foregoing boxes is NOT checked, Vendor shall explain the reason(s) in the space below. Failure to include an explanation may result in Vendor being deemed nonresponsive and its submission rejected in its entirety.

Signature of Authorized
Signatory
Print Name and Title of
Authorized Signatory
Date
EXHIBIT 1
994
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
24 ATTACHMENT F – PRICE PROPOSAL
Project Overview:

Description of Services:

Item Number of
Inspections/
Hours
Units Rate Annual
Cost
Inspection with Grease
Interceptor
575 EA $ $
Inspection without Grease
Interceptor
400 EA $ $
Follow-up Inspection with
Grease Interceptor
350 EA $ $
Follow-up Inspection without
Grease Interceptor
250 EA $ $
Check in meetings 50 Hours $ $
FOG Software Implementation 250 Hours $ $
Annual
Total
$
5-Year
Total
$
Company Name
Contact Email
Contact Phone Number
Signature of Authorized
Signatory
Print Name and Title of
Authorized Signatory
Date
EXHIBIT 1
995
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
25 ATTACHMENT G - SUBCONTRACTOR LIST

PLEASE LIST BELOW ALL SUBCONTRACTORS CONTRIBUTING TO THIS WORK Each bidder shall give the name, business address, license number, description of the work, and the dollar amount to be PAID the subcontractor, for each subcontractor that will be used on the project, if the Bidder is awarded the contract. Only subcontractors with work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid need to be listed. All work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid, for which a subcontractor is not listed on this form, shall be performed by the Bidder's own organization. Additional numbered pages listing proposed subcontractors may be attached to this page. Each page shall be headed "Proposed Subcontractors" and shall be signed by the Bidder.

PRINT LEGIBLY OR TYPE

BUSINESS

NAME/ADDRESS CONTACT
PHONE
NUMBER

LICENSE NUMBER
& LICENSE

CLASSIFICATION TYPE OF WORK AMOUNT
Signature of Authorized Signatory
Print Name and Title of Authorized
Signatory
Date
EXHIBIT 1
996
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
26 ATTACHMENT H - EXCEPTIONS
Company/Firm Name
Contact Name and Title
Authorized Signature:

EXHIBIT 1
997
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
27 ATTACHMENT I - CERTIFICATE OF NONDISCRIMINATION
In accordance with the City of Stockton SMC §3.72.010 and §3.72.020, each bidder shall enclose a certificate stating whether the bidder is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment, and that the bidder will pursue an affirmative course of action as required by affirmative action guidelines as set forth in Section 3.72.010 and resolutions adopted pursuant thereto, and that if awarded the contract bidder will not discriminate in the employment of any person under the contract because of race, color, national origin, ancestry, sex or religion, and that bidder will participate, if request, in pre-award review of bidder’s qualifications under provisions of this section.

The undersigned hereby certifies that:
☐ The Bidder is in compliance with all Federal and State of California laws covering nondiscrimination in employment.
☐ By signing below, the bidder certifies that they are authorized by the company named below to respond to this request.

SIGNATURE OF AUTHORIZED
SIGNATORY:

PRINT NAME AND TITLE OF
AUTHORIZED SIGNATORY:

DATE:

EXHIBIT 1
998
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
28 ATTACHMENT J - CONFLICT OF INTEREST DISCLOSURE - AB334 Disclosure
Pursuant to California Assembly Bill 334, the Proposer/Contractor must disclose any financial interest that may create an actual or potential conflict of interest, or the appearance of a conflict, in connection with this solicitation or any resulting agreement.
☐ No Conflict of Interest
The Proposer/Contractor certifies that it, and its officers, directors, partners, employees, and subcontractors, have no financial interest that would result in a conflict of interest related to this solicitation or contract. ☐ Conflict of Interest Disclosed
The Proposer/Contractor discloses the following actual or potential conflict(s) (attach additional pages if necessary):

Individual(s) Involved: ______________________________________ Nature of Financial Interest: _________________________________ Relationship to Solicitation/Contract:

Certification
I certify under penalty of perjury under the laws of the State of California that the information provided above is true and complete. I acknowledge that failure to disclose a conflict of interest may result in disqualification, contract termination, or other remedies available to the City. The duty to disclose is ongoing throughout the solicitation and contract term.

COMPANY/BUSINESS
NAME:

SIGNATURE OF
AUTHORIZED SIGNATORY:

PRINT NAME AND TITLE OF
AUTHORIZED SIGNATORY:

DATE:

EXHIBIT 1
999
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
29 11.0 PROPOSAL EXHIBITS

11.1 EXHIBIT 1 – INSURANCE REQUIREMENTS
Exhibit 1:

Insurance Requirements
(Fats Oils Grease FOG Inspection Services)
Consultant 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 Consultant, his agents, representatives, employees or subcontractors.

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

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

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

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

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

Other Insurance Provisions
EXHIBIT 1
1000
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
30 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 Consultant 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 Consultant’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 Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Consultant’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The 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
Consultant hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

EXHIBIT 1
1001
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
31 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 Consultant, 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 Consultant 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 work.

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

Verification of Coverage
Consultant shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All 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 Consultant’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

Special Risks or Circumstances
EXHIBIT 1
1002
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
32 City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
425 N El Dorado Street
Stockton, CA 95202
EXHIBIT 1
1003
1 (Rev. 1.14.26)
Agreement Number:

EXHIBIT 2 - SAMPLE CONTRACT

CITY OF STOCKTON

STANDARD AGREEMENT

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

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

Commences on: Terminates on:

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

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

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

Authorized Signature Date
Printed Name and Title of Person Signing
Address

CITY OF STOCKTON
BB
Johnny Ford, City Manager Date
ATTEST:

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

Taryn Jones, Acting City Attorney
BY:

SAMPLE EXHIBIT 1
1004
1 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 (Type the Project objectives)

2. Project Scope

2.1 (Type the Project Scope in detail including location of Work, resources, equipment and facilities needed.)

3. Specifications

3.1 (If applicable and the project has specifications, insert the specifications into this section.)

4. Major Deliverables

4.1 (Type the major deliverables in detail)

5. Tasks That Support the Deliverables

5.1 (In detail, describe the Tasks that support the deliverables and which party will complete them.)

6. Internal and External Standards and Guidelines

6.1 (If applicable and the project has internal and/or external standards or guidelines, insert them into this section.)

7. Criteria of Acceptance for Deliverables

7.1 (Type criteria used to determine whether deliverables are acceptable, how they will be accepted, and who will accept them.)

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
SAMPLE EXHIBIT 1
1005
2 (Rev. 10.30.18)
______________________ 425 N. El Dorado Street
______________________ Stockton, CA 95202

9. Key Personnel
(If applicable, type the name and contact information Key Personnel working on the Project.)

10. Option to Renew.
(If an option to renew is applicable, keep this clause and type the specifics as to how many renewal terms e.g. two one-year renewals, etc.) The term of the Agreement may be extended up to ________by a written amendment executed by both parties. However, the total term of the Agreement including the extended term shall not exceed __ years.

SAMPLE EXHIBIT 1
1006
1 (Rev. 10.30.18)

EXHIBIT B

INSURANCE
(RESERVED FOR CITY’S INSURANCE PROVISIONS APPROVED BY RISK) SAMPLE EXHIBIT 1
1007
(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
1008
(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
1009
(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
1010
(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
1011
(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.

EXHIBIT 1
1012
(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
1013
1 (Rev. 11.7.25)

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 a tangible or intangible part of the development process, and often are a specified function or characteristic 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 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:

EXHIBIT 1
1014
2 (Rev. 11.7.25)

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. The 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 ensure 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:

Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E, provided 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 the 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 EXHIBIT 1
1015
3 (Rev. 11.7.25)
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 the Contractor. The City shall not be required to pay any workers' compensation insurance on behalf of the 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.

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 the 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 EXHIBIT 1
1016
4 (Rev. 11.7.25)
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.

Per Executive Order N-6-22, all contractors and grantees that have agreements valued at $5 million or more with agencies/departments subject to the California Governor’s authority are directed to report to their contracting or grantor agency or department regarding their compliance with economic sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any.

EXHIBIT 1
1017
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 $______________ (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

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

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

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

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

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

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

SAMPLE EXHIBIT 1
1018
2 (Rev. 10.30.18)

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

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

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 $
2 $
3 $
TOTAL PRICE $

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
$
$
$
$
$
$
$

4. Additional Fees. Should an amendment to the Agreement be issued for additional services that require the following items, the unit prices are as follows:

Title Unit Price
$
SAMPLE EXHIBIT 1
1019
3 (Rev. 10.30.18)

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

City of Stockton _____ Department
Attention: ____________
425 N. El Dorado Street
Stockton, CA 95202
SAMPLE EXHIBIT 1
1020
1 (Rev, 10.30.18)

EXHIBIT F

TIMELINE

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

1.1 TIMELINE FOR COMPLETION OF WORK

1.1.1 (insert deliverable title) (insert duration i.e. 1 week)

1.1.2 (insert deliverable title) (insert duration i.e. 1 day)

1.1.3 (insert deliverable title) (insert duration i.e. 3 weeks) SAMPLE EXHIBIT 1
1021
Page | 1
(8/320)
Exhibit G
CARES Act
Special Funding Terms and Conditions
The City has entered into this Agreement using funds governed by the Coronavirus Relief Fund. The funding available is governed under section 601(d) of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The CARES Act established the Coronavirus Relieve Fund (the “Fund”). Under the CARES Act, the Fund is to be used for payments for specified uses to certain local governments.

The following terms and conditions are applicable for the funds governed by the CARES ACT only. These 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.

Where any portion of the GTC is in conflict to or at variance with any provisions of the CARES Act Special Funding Terms and Conditions of the Agreement, then unless a different intention stated, the provision(s) of the CARES Act Special Funding Terms and 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 CARES Act Special Funding Terms and Conditions of the Agreement are not possible of being reconciled with the provisions of the GTC.

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 CARES Act Special Funding Terms and Conditions shall relate to a particular project and be peculiar to that project but shall not weaken the character or intent of the GTC. In consideration of the mutual promises contained in this Agreement, the City and Contractor agree as follows:

1. SURVIVAL OF PROMISES. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the Agreement expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable federal or state statutes of limitation.

2. SEPARATE ACCOUNTING. Contractor shall establish a separate account for all funds specified in this Agreement and shall use the funds to purchase necessary supplies, defray travel, and will employ the necessary personnel to perform the Work specified in this Agreement. Contractor shall also establish and maintain, if applicable, such accounting and documentation of matching expenditures of the Contractor to satisfy the requirements of the project.

3. AUDIT. The City, and any other appropriate government agencies authorized by law, or their duly authorized representatives shall, until five (5) years after final payment under this Agreement, have access to any of the Contractor’s records related to this Agreement, at the Contractor’s regular place of business, for the purpose of conducting audits. The period of access for records relating to a) appeals under a dispute, b) litigation or settlement of claims arising from the performance of this Agreement, or c) costs and expenses of this Agreement to which exception has been taken shall continue until such appeals, litigation, claims, or exceptions are disposed of.

4. AUTHORIZED USE OF FUNDS. The Contractor shall use or expend the funds provided by this Agreement only for the purposes for which they were appropriated. Further, the funds provided by the City shall be used by the Contractor only for the purpose and activities specified in the Agreement, including associated attachments and exhibits which are attached hereto and incorporated herein by reference as if fully set forth herein.

5. COMPLIANCE WITH COST PRINCIPLES AND RELATED REGULATIONS. The Contractor shall not be reimbursed for expenditures under this Agreement that do not comply with the CARES Act and Related Regulations that are incorporated.

SAMPLE EXHIBIT 1
1022

Page | 2
(8/320)

6. PUBLICATIONS. The Contractor shall be free to publish results of the Work provided that the terms of the project are met and the review copies of materials intended for publication are submitted to the City’s project Director at least 15 days prior to publication.

7. DELAYS. Contractor shall notify the City promptly of any expected delay in performance of services.

However, Contractor shall not be liable for delays in performance beyond reasonable control.

SAMPLE EXHIBIT 1
1023
EXHIBIT 2
1024
2 (Rev. 10.30.18)

EXHIBIT A

STATEMENT OF WORK
1 Project Objectives.

The City of Stockton (City) has developed a comprehensive program to address sanitary sewer overflows associated with fats, oils, and grease (FOG). The program consists of inspections, enforcement procedures, public education and public outreach to all Food Service Establishments (FSEs) in the City's regional sewer service area.
2 Project Tasks
Task 1 Routine Inspections
All FSEs are inspected on a regular basis to determine compliance with FOG Ordinance regulations and to provide public education and outreach. The number and frequency of inspections required under this scope of services is to be determined.

Inspection procedures include:
• Determination of compliance with FOG Ordinance requirements. • Determination of grease interceptor condition, operation and maintenance. • Measurement of grease interceptor grease and solids content. • Evaluation of Kitchen Best Management Practices (BMPs). • Review of all FOG control-related records and documents. • Distribution and discussion of educational and outreach materials. • Review and evaluation of any prior FOG control deficiencies. • Follow-up inspections at all FSEs with deficiencies are conducted within 30 days of the original inspection.
• Second follow-up inspections if the deficiency was not remedied by the time of the first re-inspection are performed within 15 days of the initial re-inspection.

Continuing re-inspections are performed as necessary.
• All new or substantially remodeled FSEs are typically inspected within 90 days of start-up or remodel completion.

Task 2 Enforcement
The City has implemented a FOG Enforcement Response Plan (ERP) to establish general responsibilities for enforcement of the FOG Ordinance. The ERP is an effective way to ensure that the City of Stockton takes fair, consistent, and equitable enforcement actions against FSEs for violations of the FOG Ordinance.

Enforcement procedures include:
• Determination of compliance with FOG Ordinance requirements.

EXHIBIT 2
1025
3 (Rev. 10.30.18)
• Issuing enforcement notice at time of inspection.
• Follow-up inspections to determine compliance status.

Task 3 FOG Software Implementation
The City has contracted with SwiftComply to provide FOG Inspection and Enforcement tracking software. The Contractor will be utilized to assist the City in bringing the software online and implementing its use in the field. This task is assumed to be completed within the first year of the contract. 3 Notices
Pursuant to Exhibit C – General Terms and Conditions, Paragraph 15 – Notices, the mailing address for all required notices is as follows:

Contractor: Condor Earth Technologies, Inc. City: City of Stockton Attn: Micheline Doyle Kipf Attn: City Manager
188 Frank West Circle 425 N. El Dorado Street
Suite I Stockton, CA 95202
Stockton, CA 95206
4 Option to Renew.

The total term of the Agreement shall not exceed five years.

EXHIBIT 2
1026
4 (REV 2025-06-04)
EXHIBIT B:

INSURANCE REQUIREMENTS
(Fats Oils Grease FOG Inspection Services)
Consultant 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 Consultant, his agents, representatives, employees or subcontractors.

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

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

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Consultant has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

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

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

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

EXHIBIT 2
1027
5 (REV 2025-06-04)
Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be provided in the form of an endorsement to the Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or 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 Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 12 19 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Consultant’s insurance coverage to the sole negligence of the Named Insured.

Umbrella or Excess Policy
The Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. The 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
Consultant hereby grants to City of Stockton a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City of Stockton by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

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 Consultant, its employees, agents and subcontractors.

EXHIBIT 2
1028
6 (REV 2025-06-04)
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton.

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

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

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

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

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

Verification of Coverage
Consultant shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause All 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 Consultant’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

EXHIBIT 2
1029
7 (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
425 N El Dorado Street
Stockton, CA 95202
EXHIBIT 2
1030
1 (Rev. 11.7.2025, 6.2.2026 ZM)

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 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 Contract for FOG Inspection Services

Page 8 of 72 ends

EXHIBIT 2
1031
2 (Rev. 11.7.2025, 6.2.2026 ZM)
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. 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 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 Contract for FOG Inspection Services

Page 9 of 72 ends

EXHIBIT 2
1032
3 (Rev. 11.7.2025, 6.2.2026 ZM)
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 Contractor, such persons shall be entirely and exclusively under the direction, supervision and control of Contractor. All terms of employment including hours, wages working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by Contractor.

10.3 It is further understood and agreed that Contractor must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of 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 Contract for FOG Inspection Services

Page 10 of 72 ends

EXHIBIT 2
1033
4 (Rev. 11.7.2025, 6.2.2026 ZM)
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.

13.1 To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably acceptable to the City), indemnify, and hold harmless the City of Stockton and its officers, officials, employees, and volunteers from and against any and all third-party claims, liabilities, damages, losses, and costs, including reasonable attorneys' fees and costs of defense, arising out of or resulting from performance of the Work, but only to the extent caused by the negligent acts or omissions of Contractor, or anyone directly or indirectly employed by Contractor, or anyone for whose acts Contractor may be legally liable. In no event shall Contractor be responsible for indemnifying the City for the City's own negligence or willful misconduct.

This defense obligation is supported by Contractor's Commercial General Liability policy and its contractual liability coverage, but shall not be limited by the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement

13.2 For claims arising out of Contractor's professional services under this Agreement (claims not covered by Contractor’s Commercial General Liability policy), Contractor shall indemnify and hold harmless, but shall have no obligation to defend, the City of Stockton and its officers, officials, employees, and volunteers from and against third-party claims, damages, losses, and expenses, including reasonable attorneys' fees, to the extent caused by the negligent acts, errors, or omissions of Contractor or anyone Contract for FOG Inspection Services

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for whom Contractor is legally responsible. In no event shall Contractor be responsible for indemnifying the City for the City's own negligence or willful misconduct. If Contractor is found liable for a professional liability claim, Contractor shall reimburse the City for its reasonable defense costs proportionate to Contractor's percentage of fault, consistent with California Civil Code § 2782.8.
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 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 Contract for FOG Inspection Services

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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.
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 Contract for FOG Inspection Services

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services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave. Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non-discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88-352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal Regulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
26 Force Majeure. Neither party shall be responsible for delays or failures in performance resulting from acts of God, acts of civil or military authority, terrorism, fire, flood, strikes, war, epidemics, pandemics, shortage of power or other acts or causes reasonably beyond the control of that party. The party experiencing the force majeure event agrees to give the other party notice promptly following the occurrence of a force majeure event, and to use diligent efforts to re-commence performance as promptly as commercially practicable.
27 Taxes and Charges. Contractor shall be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of the Contractor’s business. 28 Cumulative Rights. Any specific right or remedy provided in this Agreement will not be exclusive but will be cumulative of all other rights and remedies to which may be legally entitled.
29 Advice of Attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice.
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 Contract for FOG Inspection Services

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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.

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

32.2 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.

Contract for FOG Inspection Services

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EXHIBIT D

GOODS AND SERVICES TERMS AND CONDITIONS
1 Definitions. The following words and phrases have the following meanings for purposes of this Agreement:

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

1.2 “Deliverable” means quantifiable goods or services that will be provided upon completion of a project. A deliverable is any tangible material, work or thing delivered by one party to the other, including associated technical documentation. A deliverable can be tangible or intangible part of the development process, and often are specified functions or characteristics of the project.
2 General. The following terms and conditions are applicable for the purchase of goods and services only. The special conditions shall be read in conjunction with the Standard Agreement, General Terms and Conditions (“GTC”) Exhibit C, and all other Exhibits identified in the Standard Agreement.

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

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

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

3.2 Timeliness of Performance
i) Contractor shall provide the Services, and Deliverables within the term and within the time limits required under this Agreement, pursuant to the provisions of Exhibit A and Exhibit F.

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

Contractors 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 ensure 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.

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.

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5 Compensation

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

5.1.1 Contractor shall be compensated for services rendered and accepted under this Agreement and shall be paid monthly, in arrears on a not to exceed basis, based upon the rates set forth in Exhibit E attached hereto and made a part of this Agreement. Contractor may vary the compensation for each task in Exhibit E provided that the total project compensation listed in Exhibit E and the Standard Agreement is not exceeded.
6 Reports and Information
Contractor shall at such times and in such forms as the City may require furnish the City with 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 covered by this Agreement as specified in Exhibit A and Exhibit E. 7 Findings Confidential
All the reports, information, data, et cetera, prepared or assembled by the Contractor under this Agreement are confidential and the Contractor agrees that they shall not be made available to any individual or organization without the prior written approval of the City. Contractor shall not be required under the provisions of this paragraph to keep confidential any data or information which is or becomes publicly available, is required by applicable law or by proper legal or governmental authority, is already rightfully in the Contractor’s possession without obligation of confidentiality, is independently developed by Contractor outside the scope of this Agreement or is rightfully obtained from third parties. Contractor shall give City prompt notice of any such legal or governmental demand and reasonably cooperate with City in any effort to seek a protective order or otherwise to contest such required disclosure.
8 Right of Inspection
All Deliverables furnished by the Contractor must be as specified in Exhibit A and will be subject to inspection and approval of the City after delivery. City reserves the right to reject and return, at the risk and expense of Contractor, the portion of any Deliverable which may be defective or fail to comply with specifications in Exhibit A without invalidating the remainder of the Deliverables. If rejected, the Deliverable will be held for disposition at the expense and risk of Contractor.

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Payment for Deliverables prior to inspection shall not constitute acceptance of the Deliverables.
9 Warranty
Contractor warrants that (i) any Deliverable created or performed by Contractor for City under this Agreement will conform to specifications, drawings or samples furnished by City to Contractor for a minimum period of one year, and (ii) any standard Deliverable sold by Contractor to other customers besides City will meet or exceed any of the standards for such types of product in industry, any express or implied warranty stated or advertised by Contractor or the actual manufacturer of such Deliverable, or any warranties implied by law. Contractor’s warranty shall survive delivery of the Deliverable and shall not be deemed waived by City’s failure to discover defects, acceptance of the Deliverable, or payment, therefore. 10 Ownership
Contractor shall have title to and bear the risk of any loss or damage to the Deliverable until the Deliverable is delivered and accepted by City in conformity with this Agreement. Upon delivery and acceptance, the Deliverable delivered by the Contractor shall become the exclusive property of the City. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, or otherwise use the Deliverable. All artwork, patterns, dies, models, samples, materials, drawings, specifications, technical material, advertising material and any other personal property furnished by City to Contractor, or specifically paid for by City for use in performance of the Agreement, shall be and remain the property of City and said property shall be used only for Deliverables benefiting City. Contractor shall return to the City or shall dispose of this property only according to the City’s instructions. 11 Applicable Laws
Under guidelines specified in 29 CFR 1910.1200 (f) and (g) City requests that Contractor label applicable Deliverables accordingly and provide associated Safety Data Sheets (“SDS”) to City.

Deliverables must conform to 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.

Per Executive Order N-6-22, all contractors and grantees that have agreements valued at $5 million or more with agencies/departments subject to the California Governor’s authority are directed to report to their contracting or grantor agency or department regarding their compliance with economic sanctions imposed by EXHIBIT 2
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the U.S. government in response to Russia’s actions in Ukraine, as well as sanctions imposed under state law, if any.
12 Prevailing Wage
It shall be the responsibility of the Contractor to comply, when applicable, with the prevailing wage rates in accordance with the State of California Department of Industrial Relations. It shall further be the responsibility of the Contractor to monitor the prevailing wage rates as established by the California Department of Industrial Relations for any increase in rates during the term of this Agreement and adjust wage rates accordingly.

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

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

No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. Department of Industrial RelationsContractor Registration information and web link: https://www.dir.ca.gov/publicworks/publicworks.html. In compliance with Senate Bill 854 and the California Labor Code, all Bidders shall include with their Bid proof of registration from the Department of Industrial Relations (DIR) that includes the contractor’s Legal Name, Registration Number, License Type/Number, Registration Date and Expiration Date, for every contractor and subcontractor, regardless of tier.

This project may be subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractors must submit their certified payroll records directly to the Division of Labor Standards Enforcement Compliance Monitoring Unit, as well as the City of Stockton.

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13 Shipping Terms
City shipment terms are F.O.B. Destination, Freight Prepaid and Added unless otherwise specified in the Agreement. Contractor shall observe shipping instructions and, unless otherwise stated in the instructions, shall ship Deliverables in the safest and most economical manner necessary to meet the delivery date specified in the Agreement. Contractor shall provide an itemized packing list showing the Agreement number with the shipment. Contractor shall include the Agreement number on all packages, boxes, invoices, and shipping documents. Contractor shall label all individual boxes with stock number and quantity and items with different stock numbers shall be boxed separately. City reserves the right to refuse, at Contractor’s expense, any shipments not containing the Agreement number or stock numbers as required under this section.
14 Deliveries
TIME IS OF THE ESSENCE IN THE PERFORMANCE OF ANY ORDER. If Deliverable is not provided or performed within the times specified in the Agreement, City may cancel the Agreement and hold Contractor liable for damages incurred due to the untimely delivery including, but not limited to, the additional costs resultant from City procuring substitute Deliverables elsewhere. 15 Price and Quantities
Prices and quantities set forth in this Agreement may not be altered by Contractor without the prior written authorization of City, with the exception that quantities of custom paper or printed Deliverables, chemicals, or fuel may deviate from those in the Agreement by the lesser of standard industry practices.

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EXHIBIT E

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

1.1 The maximum the Contractor shall be paid on this Agreement is $1,851,165.00 (hereafter the “not to exceed” amount). The “not to exceed” amount includes all payments to be made pursuant to this Agreement, including City approved reimbursable expenses, if any. Nothing in this Agreement requires the City to pay for work that does not meet the Standard of Performance identified in Exhibit D section 4 or other requirements of this Agreement.

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

Reimbursable expenses will be reimbursed without markup. Fees plus reimbursable expenses shall not exceed the amount set forth in section 1.1 of this Exhibit and a copy of the original invoice for the items listed in i, ii or iii below shall be attached to the invoice submitted to the City for reimbursement. Payments shall be based upon work documents submitted by the Contractor to the City and accepted by the City as being satisfactory to City’s needs. The City shall not pay a markup on any of the items listed in i, ii or iii. Additionally, items such a telephone, fax, postage or freight are already included in the billable hourly rate. Contractor shall be reimbursed the direct expenses, which are the actual cost of the following items that are reasonable, necessary and actually incurred, by the Contractor in connection with the services:
i. Expenses, fees or charges for printing, reproduction or binding of documents at actual costs with no markup added to the actual cost. ii. Any filing fees, permit fees, or other fees paid or advanced by the Contractor at actual costs with no markup added to the actual cost. iii. Travel expenses shall be reimbursed in accordance with the City’s travel policy, which is incorporated herein by reference. Reimbursement shall be made at actual costs with no markup added to the actual cost.

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

EXHIBIT 2
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1.4 Annual cost adjustments may be made, as necessary, to increase or decrease the unit cost. The annual increase shall not exceed three percent (3%) for each succeeding year. Any increase requested must be submitted at least sixty (60) days before requested implementation date.

1.5 If work is completed before the “not to exceed” amount is reached, the Contractor’s compensation will be based on the Contractor’s invoices previously submitted for acceptable work performed and approved. 2 Task Price. Below is the price for the services and reimbursable expenses as described in Exhibit A of this Agreement.

Task Description Number of
Inspections/
Hours
Units Rate Task Price
1 Inspection with Grease
Interceptor
575 EA $317.00 $182,275.00
Inspection without Grease
Interceptor
400 EA $157.00 $62,800.00
2 Follow-up Inspection with
Grease Interceptor
350 EA $162.00 $56,700.00
Follow-up Inspection
without Grease Interceptor
250 EA $122.00 $30,500.00
Check in meetings 50 Hours $180.00 $9,000.00
3 FOG Software
Implementation
250 Hours $156.00 $39,000.00
TOTAL PRICE $380,275.00
3 Invoice to Address. Each invoice submitted shall identify the specific task(s) listed in Exhibit A and this Exhibit, and the completed work product/deliverable for the agreed upon price listed in this Exhibit. Invoices shall be submitted to the address below:

City of Stockton Municipal Utilities Department
Attention: Program Manager III - Wastewater
2500 Navy Drive
Stockton, CA 95206
Email: [email protected];
[email protected]
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EXHIBIT F

TIMELINE

INTENTIONALLY LEFT BLANK
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Proposal to Provide:

PUR 26-025 FATS, OILS, AND GREASE

PROGRAM INSPECTION SERVICES
Prepared for
City of Stockton, Municipal Utilities
RFP Submittal to
[email protected] or
Office of the City Clerk, City Hall
425 North El Dorado Street, Stockton, California 95202
April 23, 2026
EXHIBIT 2
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PROPOSAL TO PROVIDE PUR 26-025 FATS, OILS, AND GREASE (FOG) PROGRAM

INSPECTIONS FOR THE CITY OF STOCKTON
APRIL 23, 2026
Condor Earth Technologies, Inc., (Condor) has reviewed the requirements of the scope of work and is pleased to present this proposal in response to PUR 26-025 Fats, Oils, and Grease (FOG) Program inspection services for the City of Stockton (City) Municipal Utilities Department (MUD) Environmental Control Division.

EXECUTIVE SUMMARY
Condor has served northern and central California for over 40 years, providing regulatory compliance, environmental and technical support services for a wide range of clients including municipalities (city and county), wastewater facilities, special districts, industrial facilities, and school districts. Condor is a certified Small Business with the State of California, a member of the U.S. Green Building Council, and an Employee-Owned Company through Condor’s Employee Owner ESOP program. Condor’s team of professionals and field services staff operate out of three (3) offices located in Stockton, Gold River, and Sonora with a satellite office in Paso Robles. Condor’s Stockton office located at 188 Frank West Circle, Suite I, will serve as the home office for field personnel conducting inspection services for the City’s FOG Program.

Condor has served the City directly as a contracted consultant and as a subconsultant for over 25 years; Condor’s first environmental project for the City was for the environmental mitigation management of the City’s Gateway Project. Condor currently supports the three (3) utility enterprises operated by MUD:

Water, Wastewater, and Stormwater. Since 2003, Condor has provided compliance groundwater monitoring and technical support to the City’s Regional Wastewater Control Facility (RWCF) including implementation of the City’s Sanitary Sewer Management Plan (SSMP), Sanitary Sewer Overflow (SSO) and SB-14 regulatory programs, and ongoing Monitoring Reporting Program (MRP) discharge permit support. In October 2025, Condor began conducting FOG inspections of Food Service Establishments (FSEs) in support of the MUD’s Environmental Control Division’s FOG Control Program.

Condor has provided monitoring, technical reporting, and industrial, commercial, and construction site stormwater inspection support (since 2005) for the City’s Stormwater Enterprise in compliance with the City’s National Pollutant Discharge Elimination System (NPDES) Phase I Permit. Condor currently provides field and logistics support for the City’s Professional Street Sweeping Study and Assessment Program.

KEY PERSONNEL (Resumes Attached)
PUR 26-025 indicates that a two (2) to four (4) week training period with assigned personnel will be available, if needed, to ensure the City’s procedures and requirements are met. All Condor inspectors listed below have previously received comprehensive field training by City FOG Inspectors (Environmental Control Officers) and have conducted inspections, enforcement procedures, public education, and public outreach to FSEs regulated under the City’s FOG Program since October 2025.

Condor does not anticipate additional FOG procedural training by City personnel will be necessary.

Condor’s trained field inspectors are prepared and have the appropriate equipment to effectively conduct all FSE FOG inspections if selected for this contract.

Micheline Doyle Kipf, Project Director/Point of Contact (PG/QISP/QSD/QSP) 188 Frank West Circle, Suite I, Stockton, California, 95206 Mobile: 209.601.2049
Email: [email protected]
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Ms. Kipf is a Principal Geologist and will serve as Condor’s point of contact for the City’s FOG Inspection Program and will provide project management and senior oversight for all aspects of the project. Ms. Kipf has supported the City’s MUD Wastewater and Stormwater Enterprises since 2003 as project manager and technical lead. She currently fulfills the role of project management and senior oversight for the City’s FOG inspection services under contract with Robertson-Bryan, Inc. (RBI).

Robert Job, President/Chief Executive Officer (CEO) (PE/CPEA/CPSA/QSD/QSP) 188 Frank West Circle, Suite I, Stockton, California, 95206 Mobile: 209.601.0466
Email: [email protected]
Mr. Job is Condor’s President and CEO with over 38 years of managerial and technical experience and is responsible for corporate services, resource planning and allocation. Mr. Job is an officer of Condor authorized to bind the company to all commitments made in this proposal.

Melissa Faias, Process Safety Management Specialist / Lead FOG Inspector Ms. Faias will serve as the field lead for the FOG Inspection Program. She has overseen and conducted inspections of FSE to evaluate compliance with FOG Control Program regulations and Best Management Practices (BMPs). Ms. Faias has played a key role in staff training and communicating with FSE representatives and City personnel. She currently serves as Condor’s lead field inspector for the City’s FOG Inspection Program.

Other Condor Field Inspectors that may be assigned to support this project include:

Amreen Murji, Staff Geologist / FOG Inspector
Evan Fonda, Environmental Technician / FOG Inspector
Luke Castle, Associate Geologist (PG) / FOG Inspector
Ms. Murji, Mr. Fonda, and Mr. Castle have conducted FOG inspections for both grease interceptor (GI) and non-GI FSE consisting of records review, GI measurements (as applicable), evaluation of Kitchen BMPs, public education and outreach, and enforcement procedures (as appropriate). All Condor field inspectors are responsible for responding to questions from FSEs regarding their inspection and documenting corrective actions for violations.

QUALIFICATIONS AND EXPERIENCE
Condor provides a diverse range of environmental and earth science services to support clients in both the private and public sectors. Condor’s 40 years of regulatory compliance experience includes Environmental and Industrial Programs, Environmental Sciences, and Chemical Risk Management.

Condor has provided municipal and private facility and site inspection services for a range of regulatory driven compliance programs including NPDES permits and municipal ordinances. Condor has extensive experience conducting stormwater site inspections required for compliance with the Industrial General Permit; construction site stormwater BMP inspections required under the Construction General Permit; industrial, commercial, and construction site stormwater inspections required by Municipal NPDES Permits; and On-Land Visual Trash Assessments (OVTAs) in compliance with the Statewide Trash Provisions. Condor’s expertise in conducting facility inspections includes environmental assessments and industrial compliance evaluations.

Condor has worked effectively for the MUD Water, Wastewater, and Stormwater Enterprises and the City’s Public Works and Revitalization Departmentsfor over 25 years. Since 2003, Condor has provided continuous compliance groundwater monitoring and technical support to the City’s RWCF discharge permits. Since 2005, Condor provided water quality monitoring, technical reporting, and field inspection support for the City’s Stormwater Enterprise.

EXHIBIT 2
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Date: April 23, 2026
In October 2025, Condor began conducting FSE FOG inspection services in compliance with the City’s Fog Control Program regulations and FOG Enforcement Response Plan (ERP). Condor’s trained FOG inspectors conduct onsite FSE inspections, records reviews, GI measurements (as applicable), evaluation of Kitchen BMPs, public education and outreach, and enforcement procedures (as appropriate). FOG inspection reports and enforcement notices are issued to the FSE upon completion of the inspection; remaining copies are provided to the City weekly. Condor’s inspectors provide the FSE their contact information in the event of questions and to communicate corrective actions. Communication between FOG inspectors, project managers, and the City is paramount to successful implementation of the program.

Condor’s office located at 188 Frank West Circle, Suite I, within the City of Stockton, will continue to serve as the home office for field personnel conducting inspection services for the City’s FOG Program.

Condor personnel have the training and the appropriate equipment to effectively conduct all FSE FOG inspections. Condor will utilize remote platforms to the extent practicable to control meeting costs.

ADDENDUM ACKNOWLEDGEMENT
Condor has reviewed the Addendum and Statement Clarifications page available on www.stocktonca.gov/mudbid and acknowledges there are no clarifications/questions/answers to the solicitation document PUR 26-025.

CLOSING
Condor’s proposal to provide FOG Inspection Program services, including all contents and price proposal, are valid for a period of 120 days from the submittal date of PUR 26-025 (April 23, 2026).

Condor has reviewed the standard agreement and takes no exceptions. Condor’s insurance meets the requirements of listed in Exhibit 1 of the PUR 26-025.

Condor has the technical expertise, experience, licenses and resources to provide the City with the inspection services as described in PUR 26-025 and we look forward to the opportunity to continue work supporting the City’s FOG Control Program.

We trust that this proposal contains the information you need at this time. If you have any questions or would like additional information, please contact us at 209.601.2049.

Respectfully,
CONDOR EARTH TECHNOLOGIES, INC.

Robert Job, PE C51592 Micheline Doyle Kipf, PG 8385 /QISP 00152 President/CEO April 23, 2026 Project Director
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TABLE OF CONTENTS

1. PROJECT OBJECTIVES .................................................................................................................. 1

2. PROJECT SCOPE .............................................................................................................................. 1

3. SPECIFICATIONS ............................................................................................................................. 2

4. MAJOR DELIVERABLES ................................................................................................................ 3

5. TASKS THAT SUPPORT THE DELIVERABLES ........................................................................ 3

6. INTERNAL AND EXTERNAL STANDARDS AND GUIDELINES ............................................ 4

7. CRITERIA OF ACCEPTANCE FOR DELIVERABLES .............................................................. 5

8. NOTICES ............................................................................................................................................. 5

9. KEY PERSONNEL ............................................................................................................................. 5

10. OPTION TO RENEW ........................................................................................................................ 6

11. ADDENDUM ACKNOWLEDGEMENT ......................................................................................... 6

12. CLOSING ............................................................................................................................................ 6

ATTACHMENTS

SCOPE OF SERVICES

KEY PERSONNEL RESUMES
Micheline Doyle Kipf – Project Director / Principal Geologist Robert Job – President / Chief Executive Officer
Melissa Faias – Process Safety Management Specialist / Lead FOG Inspector Amreen Murji – Staff Geologist / FOG Inspector
Evan Fonda – Environmental Technician / FOG Inspector
Luke Castle – Associate Geologist / FOG Inspector
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REQUIRED PROPOSAL DOCUMENTS

1. Attachment A – Proponent Contact Information

2. Attachment B – Proponent Covenant

3. Attachment C – Non-Collusion Affidavit

4. Attachment D – Agency Reference Form

5. Attachment E – Certification of Financial Condition

6. Attachment F – Price Proposal (submitted under separate cover)

7. Attachment G – Subcontractor List

8. Attachment H – Exceptions

9. Attachment I – Certificate of Nondiscrimination

10. Attachment J – Conflict of Interest Disclosure – AB334 EXHIBIT 2
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PROPOSAL TO PROVIDE PUR 26-025 FATS, OILS, AND GREASE (FOG) PROGRAM

INSPECTIONS FOR THE CITY OF STOCKTON
FULL RESPONSE to SCOPE OF SERVICES
Condor Earth Technologies, Inc., (Condor) has reviewed and understands the requirements of the scope of services presented in PUR 26-025 Fats, Oils, and Grease (FOG) Program inspection services for the City of Stockton (City) Municipal Utilities Department (MUD) Environmental Control Division.

1. PROJECT OBJECTIVES
Condor will conduct FOG inspections for all Food Service Establishments (FSEs) in the City’s regional sewer service area in compliance with the City’s FOG Control Program and FOG Enforcement Response Plan (ERP) requirements. The City estimates approximately 900-950 FSEs will require FOG inspections which consist of records reviews, grease interceptor (GI) measurements (as applicable), evaluation of Kitchen Best Management Practices (BMPs), public education and outreach, and enforcement procedures (as appropriate). FOG inspection reports and enforcement notices will be issued to the FSE upon completion of the inspection; remaining copies are provided to the City weekly. The City’s expectation is that all active FSEs will be fully inspected annually. If the City’s SwiftComply FOG Inspection and Enforcement tracking software system goes live during the contract, Condor will assist the City in bringing the software online for full implementation in the field.

2. PROJECT SCOPE
The City is located in San Joaquin County approximately 78 miles east of the San Francisco Bay Area, 337 miles north of Los Angeles, and 40 miles south of Sacramento. The City’s MUD manages, operates, and maintains three (3) utility enterprises: Water, Wastewater, and Stormwater. The Wastewater Enterprise generally includes the regional wastewater collection system and the treatment and disposal facilities located at the Stockton Regional Wastewater Control Facility (RWCF). The Environmental Control Division is part of MUD and is responsible for ensuring FSEs comply with regulations related to the City’s FOG program. The City has developed a comprehensive program to address sanitary sewer overflows associated with FOG which consists of inspections, enforcement procedures, public education and public outreach to all FSEs in the City’s regional sewer service area. The FOG Control Program is currently operated by the Pretreatment Section of the Municipal Utilities Department and is the subject of PUR 26-025.

The City will provide Condor an electronic spreadsheet of all FSEs that includes facility name, location, and (last known) contact person and hardcopy inspection forms, brochures, and outreach materials for distribution. The City will provide badges so that Condor inspectors are identified as authorized FOG inspectors for the City. The City will provide detailed hardcopy information files on a weekly basis for the FSEs planned for inspection; Condor will return and exchange completed files to the City the following week. Condor will complete FOG Control Program inspection reports and, if necessary, Enforcement Notices, at the time of the inspection. Copies of reports and notices will be issued to the FSE upon completion of the inspection and remaining copies will be provided to the City.

Condor’s office located at 188 Frank West Circle, Suite I, within the City of Stockton, will serve as the home office for field personnel conducting inspection services for the City’s FOG Program. Condor’s FOG Inspection Team includes a Project Director who will act as the point of contact for this program, a Corporate officer authorized to bind the company to all commitments made in this proposal, and four (4) field inspectors experienced with conducting the City’s FOG Control Program and ERP.

PUR 26-025 indicates that a two (2) to four (4) week training period with assigned personnel will be available, if needed, to ensure the City’s procedures and requirements are met. All Condor inspectors listed EXHIBIT 2
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in Section 10, below, have previously received comprehensive field training by City FOG Inspectors (Environmental Control Officers) and have conducted inspections, enforcement procedures, public education, and public outreach to FSEs regulated under the City’s FOG Control Program since October 2025.

Condor does not anticipate additional FOG procedural training by City personnel will be necessary.

Condor’s trained field inspectors are prepared and have the appropriate equipment to effectively conduct all FSE FOG inspections if selected for this contract.

Condor will provide the appropriate equipment to effectively conduct all FSE FOG inspections including vehicles and associated tools including, but not limited to, manhole cover removers, Dipstick Pro Core Samplers, non-sparking sledgehammer, traffic safety cones, gloves, and personal protective equipment (PPE). Upon implementation of the SwiftComply software, Condor will provide a mobile printer to print completed inspection forms and enforcement notices in the field.

3. SPECIFICATIONS
Based on the City’s records, there are approximately 900-950 FSEs within the jurisdiction of the FOG Control Program approximately 50-60% of which have GIs. It is anticipated that 40-50% of FSEs will require enforcement actions with approximately 30-40% of those FSEs requiring a secondary follow-up inspection. The City’s expectation is that all active FSEs will be fully inspected (initial and any follow-up inspections) once each year.

Food Service Establishment (FSE) Inspection Procedures include:
• Determination of compliance with FOG Ordinance requirements. • Determination of GI condition, operation, and maintenance. • Measurement of GI grease and solids content.
• Evaluation of Kitchen BMPs.
• Review of all FOG control-related records and documents including whether the FSE is retaining FOG control-related records/documents for the minimum required three (3) year period. • Distribution and discussion of educational and outreach materials (as provided by the City). • Review and evaluation of any prior FOG control deficiencies. • Follow-up inspections at all FSEs with deficiencies are conducted within 30 days of the original inspection.
• Second follow-up inspections if the deficiency was not remedied by the time of the first reinspection are performed within 15 days of the initial re-inspection. Continuing re-inspections are performed, as necessary.
• All new or substantially remodeled FSEs are typically inspected within 90 days of start-up or remodel completion.

The City’s FOG ERP includes the following general enforcement procedures:
• Determination of compliance with FOG Ordinance requirements. • Issuing an enforcement notice at the time of inspection. • Follow-up inspections to determine compliance status.

The City’s expectations are:
• Condor will pick up files from the City, conduct inspections, and return files with completed inspection forms to City. If follow-up inspections are needed (generally 2-4 weeks), coordinate with City staff to retain or obtain files.
• Inspections will be conducted without prior scheduling with the FSE. • Equipment and associated samplers to be kept clean between inspections.

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• Inspections will occur Monday through Friday, except Federal holidays, during normal business hours. Route planning should account for expected hours of operation for the FSEs. • The City’s expectation is for all active FSEs to be fully inspected (initial and any follow-up inspections) once each year.
• FSEs that are not open at the time of inspection will be visited a second time, taking into account the operating hours of the facility. If the facility remains closed, the City will be notified and will determine follow-up actions.
• The inspector will notify the City immediately if FSEs deny access or pose a safety concern for the inspector.
• FSEs that are no longer in business will not be visited. However, evidence of the status will be provided to the City. If a safety concern for the inspector is apparent, the inspector shall notify the City immediately.

4. MAJOR DELIVERABLES
The City’s expectation is for all active FSEs to be fully inspected (initial and any follow-up inspections) once each year. The City will provide detailed hardcopy information files on a weekly basis for the FSEs planned for inspection; Condor will return and exchange completed inspection files to the City the following week. If follow-up inspections are needed (generally 2-4 weeks), Condor will coordinate with City staff to retain or obtain files.

Condor will conduct follow-up inspections at all FSEs with deficiencies within 30 days of the original inspection. If the deficiency was not remedied by the time of the first re-inspection, a second follow-up inspection will be conducted within 15 days of the initial re-inspection. Continuing re-inspections are performed, as necessary. All new or substantially remodeled FSEs are typically inspected within 90 days of start-up or remodel completion.

5. TASKS THAT SUPPORT THE DELIVERABLES
The City will provide Condor an electronic spreadsheet of all FSEs that includes facility name, location, and (last known) contact person. The City will provide detailed hardcopy information files on a weekly basis for the FSEs planned for inspection; the Condor inspector will return the previous weeks completed files and pick up a new set of FSE folders for the current week at the City’s RWCF Administrative Office at 2500 Navy Drive. Condor anticipates FSE folder exchanges will occur Monday mornings at start of business.

Condor will conduct FOG inspections for all FSEs in the City’s regional sewer service area to evaluate compliance with FOG Control Program regulations. FSE inspections will be conducted Monday through Friday, except Federal holidays, during normal1 business hours. Route planning will account for expected FSE hours of operation and inspections will be conducted without prior notification/scheduling with the FSE. FSEs that are not open at the time of inspection will be visited a second time, taking into account normal operating hours of the facility. If the facility remains closed, the City will be notified and will determine follow-up actions. Condor will communicate with the City regarding scheduling inspections for FSEs whose hours of operation are outside normal business hours. FSEs that are no longer in business will not be visited; however, Condor will provide evidence of the status to the City. If a safety concern for the inspector or the inspector’s equipment is apparent, the inspector will exit the area immediately. Once in a safe location, the inspector shall immediately notify the Condor Project Director and/or Lead Field Inspector and the City and document the safety concern. 1 Out of consideration for the FSEs, Condor will avoid conducting FOG inspections between 12:00 and 13:00 (during the lunch rush).

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Condor anticipates fully inspecting all active FSEs (initial and any follow-up inspections) once each year.

Upon arrival at the FSE, the inspector will introduce themselves to the facility’s senior onsite representative and explain the reason for the inspection and confirm the facility representative contact information. If necessary, Condor will utilize free Smart Phone Translation Apps to effectively communicate with the facility representative; City will provide support if additional translation services are required. FOG inspections will consist of records review (including pumping manifests, Operations and Maintenance (O&M) Logs, and Kitchen BMP Training Logs), GI measurements (if applicable), and evaluation of Kitchen BMPs. Condor will complete the FOG Control Program inspection reports and, if applicable, Enforcement Notice at the time of the inspection. Copies of reports and notices will be issued to the FSE upon completion of the inspection and remaining copies will be provided to the City. During the FOG inspection, the inspector will provide education and outreach materials to the facility., To the best of their ability, the inspector will discussfindings, reason for an Enforcement Notice, schedule of corrective actions, and explanation of additional enforcement/fines which may be incurred with FSE representative and respond to any questions prior to leaving the site. Condor believes providing the FSE a clear understanding of the consequences of non-compliance improves FSE response to corrective action requirements. Condor’s inspectors will provide the FSE their contact information should there be any further questions and/or for the facility to communicate corrective actions. All Condor field inspectors are responsible for responding to questions from FSEs regarding their inspection and documenting corrective actions for violations.

Condor will conduct follow-up inspections at all FSEs with deficiencies within 30 days of the original inspection. If the deficiency was not remedied by the time of the first re-inspection, a second follow-up inspection will be conducted within 15 days of the initial re-inspection. In the event that the deficiency was not remedied by the time of the second re-inspection, a third follow-up inspection will be required within 15 days of the second re-inspection.

For FSEs noted as having Exempt Status, Condor will conduct a site visit to determine if the facility maintains eligibility for their exemption. If the FSE does not conduct on-site cooking, it is exempt from the FOG Control Program requirements and no further inspection or paperwork is required. However, if onsite cooking is observed, the facility is no longer exempt and Condor will conduct a GI or non-GI FOG inspection and notify the City of the FSE’s status change.

Condor will provide the appropriate equipment to effectively conduct all FSE FOG inspections including vehicles and associated tools including, but not limited to, manhole cover removers, Dipstick Pro Core Samplers, non-sparking sledgehammer, traffic safety cones, gloves, and PPE. Equipment will be cleaned between uses and at the end of the day.

The City has contracted with SwiftComply to provide FOG Inspection and Enforcement tracking software.

If the system goes live during the contract, Condor will assist the City in bringing the software online and implementing its use in the field; Condor will provide feedback on the system’s use to assist the City toward full implementation. All equipment necessary to trial the software in the field will be provided by City.

Condor will be provided access to the SwiftComply software and FOG inspection and enforcement information will be entered into the system at the time of the inspection. Upon full implementation of the SwiftComply software, Condor will utilize a mobile printer to print completed inspection forms and enforcement notices for delivery to the FSEs upon completion of the inspections.

Condor will communicate during regular check in meetings and as necessary to keep the City informed as to the program’s progress and any concerns which may arise.

6. INTERNAL AND EXTERNAL STANDARDS AND GUIDELINES
Handwritten information entered on the Food Service Establishment Inspection Report or Enforcement Notice (such as the inspection date, arrival time, Facility Identification Number [FA#], facility/owner EXHIBIT 2
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information, inspector name, comments, etc.,) must be clear and legible to avoid FSE or City confusion or misinterpretation.

7. CRITERIA OF ACCEPTANCE FOR DELIVERABLES
Completed inspection forms will be submitted weekly to the City RWCF Administration Office, or as directed, located at 2500 Navy Drive in Stockton. Handwritten information entered on the Food Service Establishment Inspection Report or Enforcement Notice must be clear and legible for entry into the City’s database. The City will return inspection reports determined to be “illegible” for the inspector’s clarification.

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

Contractor: Condor Earth City: City of Stockton
Attn: Robert Job Attn: City Manager
188 Frank West Circle, Suite I 425 N. El Dorado Street
Stockton, CA 95206 Stockton, CA 95202

9. KEY PERSONNEL
Micheline Doyle Kipf, Project Director/Point of Contact (PG/QISP/QSD/QSP) 188 Frank West Circle, Suite I, Stockton, California, 95206 Mobile: 209.601.2049
Email: [email protected]
Ms. Kipf is a Principal Geologist and will serve as Condor’s point of contact for the City’s FOG Inspection Program and will provide project management and senior oversight for all aspects of the project. Ms. Kipf has supported the City’s MUD Wastewater and Stormwater Enterprises since 2002.

Robert Job, President/Chief Executive Officer (CEO) (PE/CPEA/CPSA/QSD/QSP)) 188 Frank West Circle, Suite I, Stockton, California, 95206 Mobile: 209.601.0466
Email: [email protected]
Mr. Job is Condor’s President and CEO and is responsible for corporate services, resource planning and allocation. Mr. Job is an officer of Condor authorized to bind the company to all commitments made in this proposal.

Melissa Faias, Process Safety Management Specialist / Lead FOG Inspector 188 Frank West Circle, Suite I, Stockton, California, 95206 Mobile: 209-288-9511
Email: [email protected]
Ms. Faias will serve as the field lead for the FOG Inspection Program. Ms. Faias is experienced conducting FSE inspections in compliance with City’s FOG Control Program and ERP.

Amreen Murji, Staff Geologist / FOG Inspector
188 Frank West Circle, Suite I, Stockton, California, 95206 Mobile: 209-601-0413
Email: [email protected]
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Date: April 23, 2026
Evan Fonda, Environmental Technician / FOG Inspector
188 Frank West Circle, Suite I, Stockton, California, 95206 Mobile: 209-591-3515
Email: [email protected]
Luke Castle, Associate Geologist (PG) / FOG Inspector
188 Frank West Circle, Suite I, Stockton, California, 95206 Mobile: 209.513.7634
Email: [email protected]
Ms. Murji, Mr. Fonda, and Mr. Castle are experienced conducting the City’s FOG inspections for both GI) and non-GI FSE consisting of records review, GI measurements (as applicable), evaluation of Kitchen BMPs, public education and outreach, and enforcement procedures (as appropriate).

10. OPTION TO RENEW
Not Applicable

11. ADDENDUM ACKNOWLEDGEMENT
Condor has reviewed the Addendum and Statement Clarifications page available on www.stocktonca.gov/mudbid and acknowledges there are no clarifications/questions/answers to the solicitation document PUR 26-025.

12. CLOSING
Condor’s proposal to provide FOG Inspection Program services, including all contents and Price Proposal, are valid for a period of 120 days from the submittal date of PUR 26-025 (April 23, 2026).

Condor has reviewed the standard agreement and takes no exceptions. Condor’s insurance meets the requirements listed in Exhibit 1 of the PUR 26-025.

Condor has the technical expertise, experience, and resources to provide the City with the inspection services as described in PUR 26-025 and we look forward to the opportunity to continue supporting the City’s FOG Control Program.

We trust that this proposal contains the information you need at this time. If you have any questions or would like additional information, please contact us at 209.601.2049.

Respectfully,
CONDOR EARTH TECHNOLOGIES, INC.

Robert Job, PE C51592 Micheline Doyle Kipf, PG 8385 /QISP 00152 President/CEO April 23, 2026 Project Director
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Micheline Doyle Kipf, PG, QISP/ToR, QSD/QSP
Environmental Services Manager
Principal Geologist

STATEMENT OF POSITION
Condor’s Environmental Services
Manager serves as a senior member
of Condor’s environmental team,
performing program and project
management duties, and contract
oversight, quality assurance and peer
review.

EDUCATION
 Master’s Program – Idaho State
University Pocatello, Idaho
(Geology)
 Bachelor of Science – Geology
with Biology Minor, California
State University, Sonoma

AREAS OF EXPERTISE
 National Pollutant Discharge
Elimination System (NPDES)
Compliance
 Storm Water Pollution Prevention
Plan (SWPPP)
 Erosion and Sediment Controls
 Storm Water Best Management
Practices (BMPs)
 Waste Discharge Requirement
(WDR) Compliance
 Project Management
 Data Compilation and Analyses

INDUSTRIES SERVED
 Industrial Facilities
 Municipalities
 Public Works
 Utility Companies
 Solid Waste
 Agriculture

REGISTRATIONS &

CERTIFICATIONS
 Professional Geologist
CA No. 8385
WA No. 2611
 CA Industrial General Permit
QISP/ToR Certificate No. 00152
 CA Construction General Permit
QSD/QSP Certificate No. G08385

PROFESSIONAL

ORGANIZATION
 California Storm Water Quality
Association (CASQA)

REPRESENTATIVE EXPERIENCE
Ms. Doyle Kipf serves as an Environmental Services Manager and Principal Geologist for Condor. Ms. Doyle Kipf’s experience includes a broad range of geologic/hydrogeologic projects and storm water regulatory driven programs, and she specializes in developing and implementing storm water and water quality monitoring compliance programs, technical reporting, and facilitating communication between various entities including clients, regulators, legal representatives, laboratories, and Best Management Practices (BMP) providers. Her technical expertise includes National Pollutant Discharge Elimination System (NPDES) Permit and Waste Discharge Requirement (WDR) compliance support, and her experience includes supporting clients’ activities in response to Clean Water Act (CWA) citizen suits. Her clients include Phase I and II municipalities, public works departments, industrial/ manufacturing facilities, construction projects, and wineries.

SELECTED PROJECTS/PROJECT EXPERIENCE
California Industrial General Permit (IGP): Ms. Doyle Kipf is a Qualified Industrial Storm Water Practitioner (QISP) and Trainer of Record (#00152). Since 2006, Ms. Doyle Kipf has been the Project Manager for numerous facilities involving all aspects of IGP compliance support from coverage application through coverage termination. QISP services include pollutant source assessments and site evaluations, preparation of Permit Registration Documents, SWPPP development and program implementation, BMP evaluations and recommendations, SMARTS support, SWPPP training, and preparation of Exceedance Response Action (ERA) Plans and Technical Reports.

San Joaquin County Water Resources Public Works (SJCWRPW) – Since 2017, Project Manager for On-Call Professional Services consisting of preparation of Conditions of Approval for proposed construction project applications and review of applicant submitted documents including Storm Water Quality Control Plans, Construction General Permit (CGP) SWPPPs, Operations and Maintenance Plans, and site access agreements.
– Since 2017, Project Manager for conducting CGP storm water inspections for construction projects within the County’s jurisdiction. – Since 2018, Project Manager for conducting the County’s Semi-annual Groundwater Monitoring and Sampling Program as required by the Eastern San Joaquin Groundwater Sustainability Plan (GSP).

Eastern San Joaquin Groundwater Authority (ESJGWA)
– Since 2024, Project Manager for semi-annual groundwater monitoring and sampling support related to the Eastern San Joaquin 2024 GSP.

City of Stockton Fats, Oil, and Grease (FOG) Inspection Program – Project Manager for conducting FOG inspections for all Food Service Establishments in the City’s regional sewer service area.

Phase II Municipal Separate Storm Sewer System (MS4) Permit Support for the Cities of Hughson and Turlock
– Since 2013, Project Manager supporting Phase II MS4 Permit compliance including Trash Provision and CGP inspection support.

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Robert J. Job, PE, CPEA, CPSA
President, CEO

STATEMENT OF POSITION
Condor’s President, CEO serves the
firm in both business and technical
leadership. Project management,
professional experience and technical
expertise frequently support Condor’s
technical staff and clients.

AREAS OF EXPERTISE
 Chemical Risk Management
 Environmental Engineering
 Environmental Regulatory
Compliance
 Hazardous Waste
 Project Management
 Process Hazard Analyses
 Soil and Groundwater
Investigation/Remediation
 Storm Water Management and
Permitting
 Spill Prevention and Control for
Aboveground Oil Storage Tanks

INDUSTRIES SERVED
 Agriculture
 Food Processing
 Health Care
 Manufacturing
 Mining
 Petroleum
 Public Works
 School Districts
 Transportation
 Utility Companies

REGISTRATIONS &

CERTIFICATIONS
 Professional Engineer State of
California No. 51592
 Certified Professional
Environmental Auditor (CPEA) No.
742
 Certified Process Hazard
Analysis/Auditing Team Leader
 Certified Process Safety Auditor
(CPSA) No. 97
 QSD/QSP California Construction
General Permit for Storm Water
Discharges

REPRESENTATIVE EXPERIENCE
Mr. Job is President and Chief Executive Officer for Condor Earth. Mr.

Job has over 38 years of managerial and technical experience and is responsible for overall business planning and management, corporate services, corporate risk management, resource planning and allocation and serves as Chairman of Condor Earth’s Board of Directors. In addition to his business management responsibilities, Mr. Job serves as a Principal Engineer and senior technical advisor for the firm and remains involved in project planning and management, environmental compliance, storm water management and permitting, chemical risk management programs, process safety management, waste
management, site characterization and site remediation in both project management and technical consulting capacities.

Mr. Job has been responsible for the review of storm water pollution prevention plans (SWPPPs), review of supporting documentation for Low Impact Development (LID) and review of calculations provided by applicants, site evaluations and technical review for facilities subject to the Industrial General Permit for storm water discharges, preparation of many chemical risk management programs (RMPP and RMP), California Accidental Release Prevention Programs (CalARP), and OSHA process safety management (PSM) programs for facilities handling acutely hazardous materials.

EDUCATION
 BS, Civil Engineering, South Dakota School of Mines and Technology
 University of California: Courses in Environmental Law, Hazardous Materials Management and Compliance Auditing
 Primatech Training Institute: Principles of Process Hazard Analysis, Advanced Topics in Process Hazard Analysis, Process Hazard Analysis for Team Leaders
 Stanford Business School Executive Program for Growing Companies – Summer 2000
 Numerous conferences and symposiums related to chemical risk management, environmental regulations and California water issues  CBPELSG QSD/QSP self-certification training for storm water CGP certification

SELECTED PROJECTS/PROJECT EXPERIENCE
CGP Support for the San Joaquin County Department of Public Works (SJCDPW) – Mr. Job has been the Professional Engineer providing CGP storm water plan review and supporting Low Impact Development (LID) building application checks for calculations for LID and construction plans.

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Melissa Faias
Process Safety Management Specialist

STATEMENT OF POSITION
Condor Earth’s Process Safety
Management Specialist provides
industrial compliance consultation,
hazardous material management,
process safety and risk management
services.

EDUCATION
 BA Economics, Sonoma State
University, Rohnert Park,
California

AREAS OF EXPERTISE
 Process Safety Management
 Process Hazard Analysis
 Compliance Auditing
 Management of Change
 Fats, Oils and Grease

INDUSTRIES SERVED
 Manufacturing
 Cities and Counties

CERTIFICATIONS
 Safety Trained Supervisor (STS)
Board of Certified Safety
Professionals

SPECIAL TRAINING
 Process Hazard Analysis
Leadership – Process
Improvement Institute
 Process Safety Management
Mechanical Integrity – Georgia
Institute of Technology

SOFTWARE KNOWLEDGE
 PHA Pro
 Hazard Review Leader
 Ecesis

REPRESENTATIVE EXPERIENCE
Mrs. Faias joined Condor Earth in 2024 and is experienced in the development and implementation of Process Safety Management (PSM) in a manufacturing environment as well as a variety of environmental programs including Spill Prevention, Control and Countermeasure (SPCC) Plans. She developed compliance programs and plans to align with federal, state, and local regulations. Mrs. Faias is experienced in leading compliance audits, process hazard analyses, management of change and maintaining compliance documentation to meet PSM requirements.

SELECTED PROJECTS/PROJECT EXPERIENCE
City of Stockton Municipal Utilities Department – Ms. Faias has served as the field lead for the Fats, Oils and Grease (FOG) Control Program, supporting the City of Stockton in the implementation of the FOG program. She has overseen and conducted inspections of food service establishments (FSE) to evaluate compliance with City regulations, ordinances and Best Management Practices (BMPs). Ms.

Faias has played a key role in training junior staff, contributing to the development and refinement of standard operating procedures (SOPs) for inspection and enforcement activities, and enhancing program consistency and effectiveness.

PSM Program Coordination J.R. Simplot Company – Mrs. Faias worked with cross functional teams at the plant to prepare and maintain compliance documentation associated with the PSM program.

Coordination between engineering, maintenance, operations and management teams were necessary for preparing and maintaining compliance documentation.

Plant Decommissioning Process J.R. Simplot Company Support – Mrs. Faias assisted in the decommissioning of the ammonia processes and communicating with by providing guidance on federal, state and local regulations related to PSM.

Electronic Management of Change Program J.R. Simplot Company – Mrs. Faias coordinated with stakeholders to customize an electronic Management of Change (MOC) Program to fit facility’s needs and managed documentation and activities at the plant.

EXHIBIT 2
1076
Amreen Murji
Staff Geologist

STATEMENT OF POSITION
Condor’s Staff Geologist assists
with a broad range of geologic,
environmental, engineering and
construction support services.

EDUCATION
 MSc Environmental Science,
University of Toronto, Toronto,
Ontario, Canada
 BS Natural Science, University of
Calgary, Calgary, Alberta, Canada
 BA Philosophy, University of
Calgary, Calgary, Alberta, Canada

AREAS OF EXPERTISE
 Project Management
 Environmental Site Assessments
 Underground Storage Tank
Investigations
 Contaminated Sites Remediation
 Groundwater and Soil Sampling
 Fats, Oils and Grease

INDUSTRIES SERVED
 Cities and Counties
 Land Development
 Oil and Gas Facilities
 Financial Institutions
 Corporate Premises
 Local Government

REGISTRATIONS &

CERTIFICATIONS
 Professional Geoscientist,
Ontario, Canada No. 3718
 OSHA 40-Hour HAZWOPER
Certification

REPRESENTATIVE EXPERIENCE
Ms. Murji serves as a Staff Geologist for Condor Earth. She assists with public and private infrastructure projects, identifying environmental issues and concerns, ensuring regulatory compliance and supporting sustainable project development. Her responsibilities include assisting Project Managers with project execution, supporting field investigations, and preparing and reviewing technical reports.

With over 9 years of work experience in the environmental sector, Ms.

Murji specializes in environmental assessments and geotechnical. She has extensive experience in Phase I and Phase II Environmental Site Assessments, soil and groundwater sampling, and remediation work.

Ms. Murji’s strong technical background is complemented by a Master of Environmental Science degree from the University of Toronto, Ontario, Canada.

SELECTED PROJECTS/PROJECT EXPERIENCE
Environmental Site Assessments: Ms. Murji has been involved with completing and overseeing numerous Phase I and Phase II ESAs for a wide range of properties including commercial, residential, industrial and agricultural properties. This involved completing historical reviews, extensive subsurface investigations and writing technical reports.

Oil and Gas Sites: Ms. Murji has been involved in undertaking Phase II ESAs and annual groundwater monitoring events of both active and former tank farm facilities.

Underground Storage Tank (UST) Removal: Ms. Murji has
participated in multiple UST removal projects at gas stations and commercial properties, including oversight of tank removals, undertaking soil sampling and preparing UST summary reports.

Closure Sites: Ms. Murji supported permitting for multiple well destruction projects, supervised field activities including over drilling, pressure grouting, and explosive destruction methods, and prepared comprehensive well destruction summary reports.

City of Stockton Municipal Utilities Department: Ms. Murji has been involved with the Fats, Oils and Grease (FOG) Control Program supporting the City of Stockton in performing inspections to evaluate food service establishments (FSE) compliance with City regulations and ordinance requirements.

EXHIBIT 2
1077
Evan D. Fonda
Environmental Technician

STATEMENT OF POSITION
Condor’s Environmental Technician
specializes in field monitoring and
sample collection programs, and
assists the environmental team with
identifying technical issues and
recommending solutions to ensure
compliance with State and Federal
Regulatory Entities.

EDUCATION
 High School Diploma

AREAS OF EXPERTISE
 Field Services Management
 Soil, Soil Gas, and Water
Sampling Protocols
 Industrial Waste Sampling
Protocols
 Mechanical Skills and Equipment
Operation

INDUSTRIES SERVED
 Water Resources
 Water/Wastewater
 State and Local Government
 Residential Development
 Commercial Development

REGISTRATIONS &

CERTIFICATIONS
 OSHA 40 Hour HAZWOPER

REPRESENTATIVE EXPERIENCE
Mr. Fonda serves as an Environmental Technician for Condor. He assists with public and private infrastructure projects throughout California’s Central Valley and Central Sierra Foothills. His responsibilities include conducting field services in support of compliance monitoring programs, including stormwater, groundwater and surface water sampling, special sampling program in support of municipal compliance programs, compliance with QA/QC procedures, documentation, and reporting. Additional responsibilities include compiling laboratory analytical report data, peer reviewing data and reports, and project support (i.e. permitting, marking drilling locations, hand auger drilling, etc.)

SELECTED PROJECTS/PROJECT EXPERIENCE
Field Services in Support of Municipalities:
 Performed inspections of food service establishments (FSEs) under contract with the City of Stockton as part of the City’s Fats, Oils, and Grease (FOG) compliance program.

Field Services needs in Support of Waste Discharge Requirements:
 Domestic and Commercial Wastewater Sampling in support of the municipal waste treatment facility NPDES Permit
Application
 Groundwater Sampling in support of various Calaveras
County Water District’s Compliance Monitoring Programs
 Groundwater monitoring in support of various wineries  Groundwater Monitoring and Sampling in support of Foster Farms Facilities throughout the Central Valley
Field Services needs in Support of LUST sites:
 Groundwater monitoring and sampling in support of leaking underground storage tank (LUST) investigations
 Experience with continuous multichannel tubing (CMT)
monitoring wells
 Soil gas sampling and field QA/QC
EXHIBIT 2
1078
Luke B. Castle, PG
Associate Geologist

STATEMENT OF POSITION
Condor Earth’s Associate Geologist
with the environmental team
identifies environmental issues and
recommends solutions to ensure
compliance with State and Federal
Regulatory Entities.

EDUCATION
 BS Geology, Applied Geology,
California State University,
Stanislaus

AREAS OF EXPERTISE
 Project Management
 Environmental Site Assessments,
Contaminant Remediation, Risk
Assessments
 SMARA Regulatory Support
 WDR Regulatory Support
Projects

INDUSTRIES SERVED
 Cities and Counties
 School Facilities
 Land Development
 Mining
 Manufacturing

REGISTRATIONS &

CERTIFICATIONS
 Professional Geologist, California
No. 9945
 OSHA 40-Hour HAZWOPER

REPRESENTATIVE EXPERIENCE
Mr. Castle serves as an Associate Geologist for Condor Earth. He assists public and private sector clients with identifying environmental issues and recommending solutions that comply with both State and Federal regulatory standards. Mr. Castle started his Geology career after his 5-year term with the United States Air Force. He enrolled into the environmental science program at Belmont University in Nashville, TN. At Belmont University he learned the environmental concepts that fueled his desire to be a part of the environmental sciences. In 2014, he returned to Modesto, California where he attended California State University (CSU) Stanislaus. Upon obtaining his degree, Mr. Castle served three years as a Staff Geologist for a silica sand and clay open pit mine located in Northern California, which included exploration mining activities at various sites across the State of Nevada.

Mr. Castle has served as Condor’s Associate Geologist for over six years which have included project management of dozens of Phase I and Phase II Environmental Site Assessments, across central California.

SELECTED PROJECTS/PROJECT EXPERIENCE
City of Stockton: Performed inspections of food service establishments (FSEs) under contract with the City of Stockton as part of the City’s Fats, Oils, and Grease (FOG) compliance program.

Environmental Site Assessments: Mr. Castle oversaw the completion of environmental site assessments to include Phase I and Phase II ESAs for a variety of clients ranging from private developments, commercial and industrial properties, agricultural properties, and landfills. This also includes the completion of Preliminary Environmental Assessment (PEAs), Removal Actions for various school districts, including Elk Grove Unified School District, Lammersville Unified School District, and Patterson Joint Unified School District, which included DTSC as the lead regulatory agency.

Foster Farms: Condor has conducted dozens of ESAs and
remediation projects in California and other states for Foster Farms over 20 years. In 2021, Mr. Castle assisted the execution of 67 ESAs over three months to assess their top tier of properties and repeated that effort in 2025 on their top 19 assets.

River Partners: Oversaw the completion of several Phase I and Phase II ESAs for River Partners, including Island Dairy in Modesto, Colusa River, the Gill Creek property in Geyserville, and Fair Ranch in Knights Landing.

EXHIBIT 2
1079
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
18 10.0 REQUIRED PROPOSAL DOCUMENTS

ATTACHMENT A - PROPONENT CONTACT INFORMATION
Proponent Business Name
Proponent Contact Name
Proponent Address
Proponent Phone Number
Proponent Email Address
Department of Industrial
Relations ID Number
(if applicable)
Condor Earth Technologies, Inc.

Micheline Doyle Kipf, Project Director
Robert Job, President
188 Frank West Circle, Suite I, Stockton, CA 95206
Micheline Doyle Kipf (209) 601-2049
Robert Job (209) 601-0466
[email protected]
[email protected]
NA
EXHIBIT 2
1080
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
19 ATTACHMENT B- PROPONENT’S COVENANT
In submitting this proposal, as herein described, the Proponent agrees that:

1. They have carefully examined the Scope of Work and all other provisions of this document and understand the meaning, intent, and requirements of the same.

2. They will enter into contract negotiations and furnish the specified services.

3. They have signed and notarized the attached Non-Collusion Affidavit form, whether individual, corporate or partnership. Must be ‘A Jurat’ notarization.

4. They have reviewed and signed all clarifications/questions/answers on the City’s website at www.stocktonca.gov/mudbid.

5. Confidentiality: Successful Proponent hereby acknowledges that information provided by the City is personal and confidential and shall not be used for any purpose other than the original intent outlined in the Request for Proposal. Breach of confidentiality shall be just cause for immediate termination of the contract agreement.

BUSINESS NAME

ADDRESS

SIGNED BY & DATE

TITLE OR AGENCY

PHONE/FAX NUMBER
EMAIL
Condor Earth Technologies, Inc.
188 Frank West Circle, Suite I, Stockton, CA 95206
President
(209) 234-0518 / (209)234-0538
[email protected]
April 22, 2026
EXHIBIT 2
1081
EXHIBIT 2
1082
EXHIBIT 2
1083
EXHIBIT 2
1084
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
ATTACHMENT D – AGENCY REFERENCE FORM
Supply Three (3) References of Government Agencies and/or Firms for whom Bidder has provided similar Services during the last three (3) years:

LIST OF REFERENCES

1. Agency or Firm Name: Robertson-Bryan, Inc (RBI)
Location of the Service: Stockton, California
Contact Person and Title: Paul Bedore, M.S., Principal Wastewater & Stormwater Regulatory Services; Kathryn Garcia, City of Stockton – Municipal Utilities Department; Richard Stiffler, City of Stockton – Municipal Utilities Department Technical Services Supervisor – Environmental Control
Telephone: Paul Bedore (916.405.8918); Kathryn Garcia (209.937.8232); Richard Stiffler (209.937.8740)
Email Address: [email protected]; [email protected]; [email protected]
Description of Service: Since 2003, Condor provided regulatory and field services to the City’s RWCF including supporting the City’s SSMP, SSO and SB-14 regulatory programs, and conducting ongoing MRP compliance groundwater monitoring and reporting support. Condor currently conducts the City’s FOG inspection program including inspections, enforcement procedures, and public education/outreach to all FSEs in the City’s regional sewer service area, and preparation of a FOG Inspection SOP manual for the City’s use.

Date(s) When Service Provided: RWCF MRP Support: Fourth Quarter 2003 – Current; FOG Program: October 2025 – Current

2. Agency or Firm Name: County of San Joaquin
Location of the Service: San Joaquin County, California Contact Person and Title: Chris Boyer, PE, Water Resources Engineer, San Joaquin County Public Works Telephone: 209.468.9360
Email Address: [email protected]
Description of Service: Condor prepared for the County of San Joaquin (County) Conditions of Approval for proposed construction project applications including review of applicant submitted documents in support of Stormwater Quality Control Criteria Plan (SWQCCP) requirements including review of LID calculations, SWQCP, CGP SWPPP, O&M Plan, and site access agreements. Condor conducted CGP site inspection services, staff training, and data compilation in support of the County’s NPDES Annual Reporting requirements.

Date(s) When Service Provided: July 2018 – February 2026

3. Agency or Firm Name: City of Hughson
Location of the Service: Hughson, California
Contact Person and Title: Jose Vasquez, Public Works Superintendent Telephone: 209.505.3049
Email Address: [email protected]
Description of Service: Since 2002, Condor provided groundwater monitoring/reporting and regulatory technical support to the City of Hughson (City) Wastewater Treatment Plant including participation in preparation of ROWDs and preparation of monitoring plans. Since 2013, Condor supported the City’s compliance with their Phase II Small MS4 Permit including conducting training and CGP and potential Hot Spot inspections, preparing Annual Reports, and activities related to statewide trash implementation program.

Date(s) When Service Provided: Wastewater Treatment Plant Support: 2025 – Current; Phase II MS4 NPDES Permit Support: March 2013 - Current
By signing below, I certify that I am authorized by the company named above to respond to this request.

Company/Firm Name Condor Earth Technologies, Inc.

Address 188 Frank West Circle, Suite I, Stockton, CA Zip: 95206 Contact Name Robert Job (President) / Micheline Doyle Kipf (Project Director) Email [email protected] / [email protected] Phone (209) 234-0518 Authorized Signature:
22 EXHIBIT 2
1085
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
23 ATTACHMENT E – CERTIFICATION OF FINANCIAL CONDITION
Vendor Name: __________________________
The undersigned hereby certifies that: [check all applicable boxes] ☐ The Vendor is in sound financial condition and, if applicable, has received an unqualified audit opinion for the latest audit of its financial statements.

Date of latest audit: ____________________ (If no audit within past 18 months, explain reason below.)
☐ The Vendor has no outstanding liabilities, including tax and judgment liens, to the Internal Revenue Service or any other government entity.
☐ The Vendor is current in all amounts due for payments of federal and state taxes and required employment-related contributions and withholdings.
☐ The Vendor is not the subject of any current litigation or findings of noncompliance under federal or state law.
☐ The Vendor has not been the subject of any past or current litigation, findings in any past litigation, or findings of noncompliance under federal or state law that may impact in any way its ability to fulfill the requirements of this Contract.
☐ He or she is authorized to make the foregoing statements on behalf of the Vendor.

Note: This shall constitute a continuing certification and Vendor shall notify the Contract Lead within 30 days of any material change to any of the representations made herein.

If any one or more of the foregoing boxes is NOT checked, Vendor shall explain the reason(s) in the space below. Failure to include an explanation may result in Vendor being deemed nonresponsive and its submission rejected in its entirety.

Signature of Authorized
Signatory
Print Name and Title of
Authorized Signatory
Date
Condor's financial statements are reviewed by a CPA whose opinion is published in an annual report. Last review date January 7, 2026.

X
X
X
X
X
X
EXHIBIT 2
1086
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
25 ATTACHMENT G - SUBCONTRACTOR LIST

PLEASE LIST BELOW ALL SUBCONTRACTORS CONTRIBUTING TO THIS WORK Each bidder shall give the name, business address, license number, description of the work, and the dollar amount to be PAID the subcontractor, for each subcontractor that will be used on the project, if the Bidder is awarded the contract. Only subcontractors with work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid need to be listed. All work in excess of one-half of one percent (0.5%) or $10,000 (whichever is greater) of the Bidder's total bid, for which a subcontractor is not listed on this form, shall be performed by the Bidder's own organization. Additional numbered pages listing proposed subcontractors may be attached to this page. Each page shall be headed "Proposed Subcontractors" and shall be signed by the Bidder.

PRINT LEGIBLY OR TYPE

BUSINESS

NAME/ADDRESS CONTACT
PHONE
NUMBER

LICENSE NUMBER
& LICENSE

CLASSIFICATION TYPE OF WORK AMOUNT
Signature of Authorized Signatory
Print Name and Title of Authorized
Signatory
Date
No subcontractors will be
used for this work.

Robert J. Job, President
April 15, 2026
EXHIBIT 2
1087
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
26 ATTACHMENT H - EXCEPTIONS
Company/Firm Name
Contact Name and Title
Authorized Signature:

No Exceptions
Condor Earth Technologies, Inc.

Robert Job, President
EXHIBIT 2
1088
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
27 ATTACHMENT I - CERTIFICATE OF NONDISCRIMINATION
In accordance with the City of Stockton SMC §3.72.010 and §3.72.020, each bidder shall enclose a certificate stating whether the bidder is currently in compliance with all Federal and State of California laws covering nondiscrimination in employment, and that the bidder will pursue an affirmative course of action as required by affirmative action guidelines as set forth in Section 3.72.010 and resolutions adopted pursuant thereto, and that if awarded the contract bidder will not discriminate in the employment of any person under the contract because of race, color, national origin, ancestry, sex or religion, and that bidder will participate, if request, in pre-award review of bidder’s qualifications under provisions of this section.

The undersigned hereby certifies that:
☐ The Bidder is in compliance with all Federal and State of California laws covering nondiscrimination in employment.
☐ By signing below, the bidder certifies that they are authorized by the company named below to respond to this request.

SIGNATURE OF AUTHORIZED
SIGNATORY:

PRINT NAME AND TITLE OF
AUTHORIZED SIGNATORY:

DATE:

Robert Job, President
April 22, 2026
EXHIBIT 2
1089
PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
28 ATTACHMENT J - CONFLICT OF INTEREST DISCLOSURE - AB334 Disclosure
Pursuant to California Assembly Bill 334, the Proposer/Contractor must disclose any financial interest that may create an actual or potential conflict of interest, or the appearance of a conflict, in connection with this solicitation or any resulting agreement.
☐ No Conflict of Interest
The Proposer/Contractor certifies that it, and its officers, directors, partners, employees, and subcontractors, have no financial interest that would result in a conflict of interest related to this solicitation or contract. ܆ Conflict of Interest Disclosed
The Proposer/Contractor discloses the following actual or potential conflict(s) (attach additional pages if necessary):

Individual(s) Involved: ______________________________________ Nature of Financial Interest: _________________________________ Relationship to Solicitation/Contract:

Certification
I certify under penalty of perjury under the laws of the State of California that the information provided above is true and complete. I acknowledge that failure to disclose a conflict of interest may result in disqualification, contract termination, or other remedies available to the City. The duty to disclose is ongoing throughout the solicitation and contract term.

COMPANY/BUSINESS
NAME:

SIGNATURE OF
AUTHORIZED SIGNATORY:

PRINT NAME AND TITLE OF
AUTHORIZED SIGNATORY:

DATE:

Condor Earth Technologies, Inc.

Robert Job, President
April 22, 2026
EXHIBIT 2
1090

Price Proposal to Provide:

PUR 26-025 FATS, OILS, AND GREASE

PROGRAM INSPECTION SERVICES
Prepared for
City of Stockton, Municipal Utilities
RFP Submittal to
[email protected] or
Office of the City Clerk, City Hall
425 North El Dorado Street, Stockton, California 95202
April 23, 2026
EXHIBIT 2
1091

PRICE PROPOSAL COVER LETTER

ATTACHMENT
Attachment F – Price Proposal
EXHIBIT 2
1092

PRICE PROPOSAL
PUR 26-025 FATS, OILS, AND GREASE (FOG) PROGRAM INSPECTIONS SERVICES

FOR THE CITY OF STOCKTON
OPENING APRIL 23, 2026
Condor Earth Technologies, Inc. (Condor) is pleased to submit this Price Proposal for RFP PUR 26-025, project name Fats, Oils, and Grease Program Inspection Services. Attached please find Attachment F – Price Proposal, which was included in the RFP PUR 26-025 proposal request documents. Condor filled in the “Rate” and “Cost” columns of Attachment F. Condor’s Price Proposal is valid for a period of 120 days from the submittal date of PUR 26-025 (April 23, 2026).

Regarding FOG Software Implementation, Condor is aware of the City’s intention to launch the SwiftComply FOG Inspection and Enforcement tracking software system. The Condor team welcomes the opportunity to support this effort and anticipates Condor staff members with different skill sets and experience (Field Inspector, Project Director, IT Professional, etc.) will be called upon for testing and implementation support. To follow the format of Attachment F, Condor calculated a blended hourly rate for this line item. The blended hourly rate was calculated by estimating the number of hours for each staff type that we anticipate would support this Item, multiplying the number of hours by Condor’s standard hourly rate for each staff type, then combining these totals and dividing by the total number of hours (250 hours). Condor is flexible regarding the billing structure for this Item. For example, if upon the launch of the SwiftComply software only Condor’s Field Inspectors are needed, the hourly bill rate for Condor’s Field Inspectors will be lower than the blended hourly bill rate described above.

Also, regarding FOG Software Implementation, Condor included this Item in only one year. The cost is included in the “Annual Total” but only once in the “5-Year Total”. Condor anticipates initial implementation and testing will add to the cost of the inspection program, but after the software system is fully tested and launched, use of the SwiftComply system should not add to the cost of inspections. If the City wishes to include this Item for each of the 5 years, $39,000 times 4 ($156,000) could be added to the 5-Year Total, though Condor believes this would significantly overestimate the cost of SwiftComply implementation support.

The City included training responsibilities in the “City Responsibilities” section of the RFP PUR 26-025.

Please note that training of Condor staff has been completed and the City would not incur the cost of this training should Condor continue to provide FOG inspection services.

Thank you for the opportunity to again support the City of Stockton Municipal Utilities Department. We greatly value your trust in Condor and we will commit necessary resources to fulfill the service requirements of this project.

EXHIBIT 2
1093
Date: April 23, 2026
Please do not hesitate contacting Micheline Doyle Kipf at [email protected] or (209) 601-2049, or Robert Job at [email protected] or (209)601-0466 with any questions.

Respectfully,
CONDOR EARTH TECHNOLOGIES, INC.

Robert Job, PE C51592 Micheline Doyle Kipf, PG 8385 /QISP 00152 President/CEO April 23, 2026 Project Director
EXHIBIT 2
1094
24 Project Overview: Conduct Fats, Oils, and Grease (FOG) inspection services for the City of Stockton (City’s) Municipal Utilities Department in compliance with the City’s FOG Control Program.

Description of Services: Condor will conduct regular FOG inspections for all Food Service Establishments (FSEs) in the City’s regional sewer service area to evaluate compliance with Fog Control Program regulations. Condor’s trained field inspectors will conduct onsite FSE FOG inspections, records review, grease interceptor measurements (as applicable), evaluation of Kitchen BMPs, public education and outreach, and enforcement procedures (as appropriate). FOG inspection reports and enforcement notices will be issued to the FSE upon completion of the inspection; copies will be provided to the City. Condor will provide regular communication to the City regarding program’s progress. Condor will support field testing of the City’s SwiftComply FOG Inspection and Enforcement tracking software system online as appropriate.

PUR 26-025
Fats, Oils, and Grease Program Inspection Services
Proposal Opening April 23, 2026
ATTACHMENT F – PRICE PROPOSAL
Item Number of
Inspections/
Hours
Units Rate Annual
Cost
Inspection with Grease
Interceptor
575 EA $ $
Inspection without Grease
Interceptor
400 EA $ $
Follow-up Inspection with
Grease Interceptor
350 EA $ $
Follow-up Inspection without
Grease Interceptor
250 EA $ $
Check in meetings 50 Hours $ $
FOG Software Implementation 250 Hours $ $
Annual
Total
$
5-Year
Total
$
*Refer to the Price Proposal Cover Letter for clarification of the 5-Year Total.

Company Name Condor Earth Technologies, Inc.

Contact Email [email protected]
Contact Phone Number (209) 234-0518
Signature of Authorized
Signatory
Print Name and Title of
Authorized Signatory Robert Job, President
Date April 22, 2026
317.00
157.00
162.00
122.00
182,275
62,800
56,700
30,500
9,000
39,000
1,745,375*
380,275
180.00
156.00
EXHIBIT 2
1095
City of Stockton
Legislation Text
File #: 26-0728, Version: 1
ADOPT A RESOLUTION APPROVING AN ADDENDUM TO THE 2005 DELTA WATER SUPPLY

PROJECT ENVIRONMENTAL IMPACT REPORT AND THE CONTINUED OPERATION OF THE DELTA WATER SUPPLY PROJECT UNTIL 2050 (ALL DISTRICTS - CITYWIDE)

RECOMMENDATION
Staff recommends that the City Council approve and adopt a Resolution to:

1. Approve the Addendum to the certified 2005 Environmental Impact Report (EIR) for the Delta Water Supply Project (DWSP) (State Clearinghouse No. 2003112060), pursuant to the California Environmental Quality Act (CEQA) Guidelines section 15164, to support the Petition for Extension of Time for Water Right Permit 21176.

2. Approve the continued operation of the DWSP to 2050, subject to any conditions imposed by the State Water Resources Control Board (SWRCB) in approving the Petition for Extension of Time for Permit 21176 and any requisite permits.

It is further recommended that the Director of Municipal Utilities be authorized to take appropriate and necessary actions to carry out the purpose and intent of the Resolution.

Summary
In 2005, the City certified a Program Environment Impact Report (EIR) for the Delta Water Supply Project (DWSP EIR) pursuant to CEQA. In 2006, the SWRCB approved Water Right Permit 21176, authorizing the City to divert up to 33,600 acre-feet per year from the San Joaquin River for municipal and industrial purposes within the City of Stockton Metropolitan Area, with a deadline to put the water to beneficial use by December 31, 2020. The City timely filed a Petition for Extension of Time (Petition) in 2020 for a twenty-year extension. The SWRCB extended the Petition to a thirty-year extension upon its notice in 2025, with a deadline of December 31, 2050.

The addendum evaluates whether the Petition may cause significant effects on the environment that were not analyzed as potentially significant effects in the certified DWSP EIR, or for which substantial new information shows that identified effects would be substantially more severe than described in the certified DWSP EIR. The addendum and its attached documents constitute substantial evidence supporting the conclusion that preparation of a supplemental or subsequent EIR is not required prior to approval of the Petition and provide the required documentation under CEQA.

City of Stockton Page 1 of 3 Printed on 7/2/2026
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File #: 26-0728, Version: 1

DISCUSSION
Background
The addendum is prepared in accordance with Public Resources Code section 21166 and CEQA Guidelines sections 15152 and 15156 to evaluate whether the Petition may cause significant effects not previously analyzed, or whether new information indicates significant effects previously examined would be substantially more severe than those described in the certified DWSP EIR. It is not required that an addendum be circulated for public review. The addendum must be considered by the decision -making body with the Final EIR prior to action and must include a brief explanation of the decision not to prepare an EIR.

Approval of the Petition would allow the City to continue diversions through December 31, 2050, up to the permitted maximum diversion, while continuing to operate in accordance with the conditions of Permit 21176 and applicable permits and requirements. There would be no physical modifications to the DWSP or other physical changes to the environment beyond those described and analyzed in the DWSP EIR, and the City would continue to divert water in accordance with Permit 21176.

After the City’s approval of the DWSP EIR, the United States Fish and Wildlife Service (USFWS) and the California Department of Fish and Wildlife (CDFW) imposed additional conditions on the DWSP through a USFWS Biological Opinion (BiOp) in 2007 and a CDFW Incidental Take Permit (ITP) in 2009. Further, in July 2023, the City hired Environmental Science Associates (ESA) to prepare an ESA Smelt Entrainment Evaluation. The addendum concludes that the findings in the BiOp, ITP, and ESA Smelt Entrainment Evaluation provide substantial evidence supporting a determination that the Petition will not result in any new or substantially more severe impacts than those identified in the EIR.

The DWSP EIR also evaluated water quality impacts. The addendum concludes that there is no substantial evidence that the continued operation of the DWSP with diversions up to the Permit limits will result in a new or significant impact to Delta inflow or outflow, river outflow hydrologic conditions, or CVP-SWP reservoir operations and deliveries. The addendum also demonstrates that the City’s diversions, limited by conditions in the BiOp and ITP, remain protective of water quality and biological resources, even with the occurrence of harmful algae blooms in the Delta. These facts, and reasonable assumptions based on facts, are substantial evidence that support a determination that the continued diversion of water under the Petition will not result in new or substantially more severe significant impacts than those identified in the DWSP EIR.

Present Situation
The City has determined that the Petition would not have new or substantially more severe significant effects on the environment that have not already been addressed by the certified Stockton DWSP Program EIR (SCH No. 2003112060), no substantial changes have occurred with respect to the circumstances under which the Project will be undertaken, and no new information of substantial importance to the Project has been identified. However, minor technical changes or additions are necessary, and in accordance with CEQA Guidelines section 15164, an addendum has been prepared.

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File #: 26-0728, Version: 1
The Petition will not have any new or substantially more severe significant effects on the environment. Staff recommend that the City Council adopt a Resolution to adopt the findings within the Addendum to the DWSP Final EIR and approve the continued operation of the DWSP to 2050, subject to any conditions imposed by the SWRCB in approving the Petition for Extension of Time for Permit 21176 and any requisite permits.

FINANCIAL SUMMARY
If approved by the City Council, the Petition would allow the City to continue diversions through December 31, 2050, up to the permitted maximum diversion, while continuing to operate in accordance with the conditions of Permit 21176 and applicable permits and requirements.

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

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING AN ADDENDUM TO THE CERTIFIED DELTA WATER SUPPLY PROJECT ENVIRONMENTAL IMPACT REPORT (SCH NO. 2003112060)

AND CONTINUED OPERATION OF THE DELTA WATER SUPPLY PROJECT On November 8, 2005, the City Council certified the Environmental Impact Report (EIR) for the Delta Water Supply Project (DWSP) (State Clearinghouse No. 2003112060), which analyzed the environmental impacts of constructing and operating the DWSP; and The State Water Resources Control Board (SWRCB), in 2006, approved water right permit 21176 (Permit 21176) authorizing the City to divert 33,600-acre feet per year (AFY) from the San Joaquin River at the DWSP intake for municipal and industrial purposes within the City of Stockton Metropolitan Area; and The City Council subsequently adopted the Delta Water Treatment Plant (DWTP) Recharge Basin Project Initial Study/Addendum to the DWSP EIR (Resolution No. 2025- 08-12-1215-01), which analyzed the environmental impacts of constructing groundwater recharge basins and associated infrastructure improvements at the DWTP; and Permit 21176 required the City to put the water to full beneficial use by December 31, 2020; and
The City timely filed a Petition for Extension of Time requesting a 20-year extension of time to put the water to beneficial use, and the SWRCB extended it to a 30-year extension upon notice of the Petition for Extension of Time in 2025 (“Petition”); and An addendum to the certified DWSP EIR was prepared to evaluate whether the Petition may cause significant effects on the environment that were not analyzed as potentially significant effects in the certified DWSP EIR, or for which substantial new information shows that identified effects would be substantially more severe than described in the certified DWSP EIR; and
The addendum analyzes continued operation of the DWSP in light of subsequent operating conditions imposed on the DWSP, and considering current conditions in the Delta, concluding that the continued operation of the DWSP as contemplated in the Petition for Extension of Time would not result in any new or substantially more severe environmental impacts than those previously identified in the certified DWSP EIR; and In accordance with the California Environmental Quality Act (CEQA) Guidelines section 15164, the preparation of an addendum is appropriate when changes to a project do not result in new significant impacts or substantial increases in the severity of previously identified impacts; and
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Staff recommend approval of an addendum to the certified 2005 DWSP EIR (SCH No. 2003112060); now, therefore,

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

1. On the basis of the substantial evidence in light of the whole record, the City Council finds
a. The Petition for Extension of Time would not have new or substantially more severe significant effects on the environment that have not already been addressed by the certified Stockton DWSP Program EIR (SCH No. 2003112060);
b. No substantial changes are proposed in the DWSP;
c. No substantial changes have occurred with respect to the circumstances under which the DWSP will be undertaken, which will require major revisions to the DWSP EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects; and
d. No new information of substantial importance to the DWSP, which was not known and could not have been known with the exercise of reasonable diligence at the time the DWSP EIR was certified as complete, shows that the DWSP will have one or more significant effects not discussed in the DWSP EIR, or that significant effects previously examined will be substantially more severe than shown in the DWSP EIR.

2. In accordance with CEQA Guidelines section 15164, the Addendum to the certified DWSP EIR (SCH No. 2003112060) was prepared and is hereby approved, a copy of which is attached as Exhibits 1 and 2 incorporated by this reference.

3. The City approves the continued operation of the DWSP to December 31, 2050, subject to any conditions imposed by the SWRCB in approving the Petition for Extension of Time for Permit 21176 and any requisite permits.
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4. The Director of Municipal Utilities or designee is authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED July 7, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
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Third Addendum to the Delta Water Supply Project Final Environmental Impact Report June 2026
City of Stockton
EXHIBIT 1
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