City Council and Concurrent Authorities
October 13, 2026

City Council and Concurrent Authorities
City of Stockton
Meeting Agenda - - Revised
City Council and
Concurrent Authorities
Christina Fugazi, Mayor/Chair (At Large)
Jason Lee, Vice Mayor (District 6)
Michele Padilla (District 1)
Mariela Ponce (District 2)
Michael Blower (District 3)
Mario Enríquez (District 4)
Brando Villapudua (District 5)
Council Chamber, City Hall, 501 W Weber Ave,
Building 1,Stockton CA
Tuesday, October 13, 2026 1:00 PM
Regular Session 1:00 PM :: Closed Session To Follow

1. REGULAR SESSION CALL TO ORDER/ROLL CALL

2. INVOCATION/PLEDGE TO FLAG

3. ADDITIONS TO REGULAR SESSION AGENDA***

4. RECOGNITIONS, ANNOUNCEMENTS, OR REPORTS

4.1 26-1009 PROCLAMATION: CALIFORNIA STATE CODE ENFORCEMENT

OFFICER APPRECIATION WEEK
Department: Office of the Mayor

4.2 26-1139 PROCLAMATION: DOMESTIC VIOLENCE MONTH
Department: Office of the Mayor

5. PUBLIC COMMENTS* – MATTERS NOT ON THE AGENDA

6. CONSENT AGENDA

6.1 26-0938 APPROVE MOTION FOR THE PURCHASE OF VARIOUS POLICE VEHICLES AND Authorize Contract Change Order No. 5 FOR the police department and city VEHICLE Up-Fitting
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Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

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

Approve the use of a Leveraged Purchasing Agreement through the State of California, Department of General Services, Contract No. 1-22-23-14C, in the amount of $1,841,418.88, with Folsom Lake Ford of Folsom, CA, for the purchase of 32 police interceptors.

Approve the use of a Leveraged Purchasing Agreement through the State of California, Department of General Services, Contract No. 1-22-23-30, in the amount of $182,895.56, with Long Beach BMW Motorcycles of Long Beach, CA, for the purchase of four police BMW motorcycles.

Authorize Contract Change Order No. 5, in the amount of $1,260,000, with Stommel, Inc. dba Lehr Auto Electric of Sacramento, CA, for the Police Department and City Vehicle Up-Fitting, Project No. OM-23-022, bringing the contract total to $7,628,083.91.

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

Department: Public Works
Attachment A - Vehicle Replacement List
Attachment B - LPA with Folsom Lake Ford
Attachment C - LPA with Long Beach BMW
Attachment D - CCO No 5 with Stommel dba Lehr Auto Electric Attachments:

6.2 26-0954 ADOPT A RESOLUTION TO AWARD A CONTRACT TO PIPE AND PLANT SOLUTIONS INC. FOR ON-CALL LARGE LINE INSPECTION

AND CLEANING SERVICES FOR CITYWIDE WASTEWATER

COLLECTION SYSTEMS
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to award the five-year contract On-Call Large Line Inspection and Cleaning Services, Project No. PUR 26-033, to Pipe and Plant Solutions Inc. (PPSI) of Hayward, CA, for inspections and cleaning within the citywide sewer collection systems, in an amount not to exceed $2,000,000.

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1
Attachments:

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6.3 26-1004 APPROVE FINDINGS AND AUTHORIZE THE PURCHASE OF

CENTRIFUGE REPLACEMENT PARTS AND MAINTENANCE
SERVICES FROM GEA MECHANICAL EQUIPMENT U.S., INC.
(CITYWIDE)
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

Approve findings pursuant to Stockton Municipal Code section 3.68.070, which support an exception to the competitive bidding process.

Authorize a five-year sole source agreement with GEA Mechanical Equipment U.S., Inc of Janesville, Wisconsin, in an amount not-to-exceed $500,000, for training, parts, repair, and maintenance services.

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1
Attachments:

6.4 26-1005 APPROVE FINDINGS AND AUTHORIZE THE PURCHASE OF DISC

FILTER SYSTEM REPLACEMENT PARTS AND ON-CALL REPAIR

SERVICES FROM VEOLIA WATER TECHNOLOGIES (CITYWIDE)
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

Approve findings pursuant to Stockton Municipal Code section 3.68.070, which support an exception to the competitive bidding process.

Authorize a five-year sole source agreement with Veolia Water Technologies of Cary, North Carolina, not to exceed the amount of $900,000, for materials, on-call repair, and maintenance services for the Veolia Water Technologies disc filter system (Exhibit 1 to the Resolution).

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1
Attachments:

6.5 26-1020 APPROVE MOTION TO ENTER INTO A PIGGYBACK PURCHASING

AGREEMENT WITH PACIFIC STORAGE COMPANY, PURSUANT TO
COUNTY OF FRESNO AGREEMENT NO. 24-104, FOR ON-SITE AND

OFF-SITE CONFIDENTIAL DOCUMENT SHREDDING, AND
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INFORMATION MEDIA DESTRUCTION SERVICES, FOR THE

REMAINDER OF THE ORIGINAL TERM, WITH TWO ONE-YEAR
EXTENSIONS, THROUGH MARCH 11, 2029, AND A TOTAL NOT TO
EXCEED AMOUNT OF $350,000.00
Recommended Action: RECOMMENDATION
It is recommended that the City Council approve a motion to:

Approve the findings pursuant to Stockton Municipal Code Section

3.68.070 supporting an exception to the competitive bidding requirements to utilize County of Fresno Agreement No. 24-104;
Authorize the City Manager to execute a piggyback purchasing agreement with Pacific Storage Company for on-site and off-site confidential document shredding and information media destruction services for the remainder of the original term, with two one-year extensions, through March 11, 2029, in a total not to exceed amount of $350,000.00.

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

Department: Administrative Services
Attachments: Attachment A - Pacific Storage Company Agreement

6.6 26-1024 APPROVE FINDINGS AND ADOPT A RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 2 WITH GATEWAY PACIFIC
CONTRACTORS, INC. FOR IMPROVED SOURCE CAPACITY AND

EFFICIENCY OF THE GROUNDWATER RECHARGE PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

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

Authorize Contract Change Order No. 2 with Gateway Pacific Contractors, Inc. (Gateway Pacific), in the amount of $2,336,169, to increase the capacity and efficiency of the groundwater recharge project, for a total contract amount not to exceed $19,533,982.

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

Department: Municipal Utilities
Proposed Resolution
Exhibit 1
Attachments:

6.7 26-1079 ORDINANCE AMENDING STOCKTON MUNICIPAL CODE, TITLE 10, City of Stockton Page 4 Printed on 10/9/2026
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CHAPTER 10.04, SECTION 10.04.600, “USE OF STREET FOR
STORAGE OF VEHICLES PROHIBITED” TO CLARIFY WHEN A

VEHICLE IS DEEMED TO HAVE BEEN PARKED OR LEFT
STANDING FOR 72 OR MORE CONSECUTIVE HOURS
Recommended Action: RECOMMENDATION
It is recommended that the City Council:

Adopt an ordinance amending Stockton Municipal Code (SMC) Title 10, Chapter 10.04, Section 10.04.600 to clarify that a vehicle may not be parked or left standing upon a street or alley for 72 or more consecutive hours and establishing an objective standard for determining whether a vehicle has been moved during the applicable 72-hour period; and Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.

Department: Police
Attachment A - Proposed Ordinance - redline
Proposed Ordinance - clean
Attachments:

6.8 26-1081 ORDINANCE AMENDING STOCKTON MUNICIPAL CODE, TITLE 9, CHAPTER 9.64, SECTION 9.64.020, “DRINKING LIQUOR IN PUBLIC” TO CHANGE THE SECTION TITLE TO “POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES,”

AND REVISE THE PROHIBITION TO ADDRESS POSSESSION OF

OPEN CONTAINERS OF ALCOHOLIC BEVERAGES
Recommended Action: RECOMMENDATION
It is recommended that the City Council:

Adopt an ordinance amending Stockton Municipal Code (SMC), Title 9, Chapter 9.64, Section 9.64.020, “Drinking Liquor in Public,” to change the title to “Possession of open containers of alcoholic beverages in public places,” expand the prohibition to address possession of open containers of alcoholic beverages, add definitions, and establish exceptions; and Authorize the City Manager, or designee, to take all appropriate and necessary actions to carry out the purpose and intent of the ordinance.

Department: Police
Attachment A - Proposed Ordinance - redline
Proposed Ordinance - clean
Attachments:

6.9 26-1097 APPROVE RESOLUTION ACCEPTING GRANT FUNDING FROM THE

OFFICE OF COMMUNITY ORIENTED POLICING TECHNOLOGY AND

EQUIPMENT GRANT FOR THE COMBATTING CRIME IN REAL TIME
PROGRAM IN THE AMOUNT OF $1,000,000
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Recommended Action: RECOMMENDATION
It is recommended that the City Council adopt a resolution to:

Authorize the City Manager, or designee, to accept an Office of Community Oriented Policing Services (COPS) Grant award allocation from the United States Department of Justice in the amount of $1,000,000; and
Authorize the City Manager, or designee, to execute all grant award documents as required by the United States Department of Justice and accept applicable terms and conditions; and
Amend the Fiscal Year 2026-27 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $1,000,000; and
Authorize the City Manager, or designee, to take appropriate and necessary actions to carry out the purpose and intent of this resolution.

Department: Police
Attachments: Proposed Resolution

6.10 26-1111 RESOLUTION AUTHORIZING AN AGREEMENT WITH THE PORT OF

STOCKTON AND AUTHORIZING NECESSARY EXPENDITURE FOR

THE BUCKLEY COVE INLET MAINTENANCE DREDGING PROJECT
Recommended Action: RECOMMENDATION
It is recommended that the Stockton City Council adopt a Resolution:

Approving findings pursuant to Stockton Municipal Code (SMC) 3.68.070 in support of an exception to the competitive bidding process; and Authorizing the City Manager to enter into a Dredged Sediment Agreement with the Port of Stockton (Port) for use of the Roberts Island Dredged Material Placement Site for Capital Improvement Project EV22601, including payment of the applicable dredged sediment tipping fee; and Authorizing the City Manager, or designee, to approve necessary budget amendments and establish or modify expenditure accounts, as may be required to implement the Dredged Sediment Agreement and associated project costs; and
Authorizing the City Manager, or designee, to take necessary and appropriate actions to carry out the purpose and intent of the Resolution.

Department: Housing, Homelessness, Events & Parking Department Attachment A - Resolution No. 2026.04.28.1205
Proposed Resolution
Exhibit 1 - Port of Stockton Dredged Sediment Agreement Attachments:

6.11 26-1123 ADOPT RESOLUTION APPROVING THE ANNUAL DISPLAY OF THE City of Stockton Page 6 Printed on 10/9/2026
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JUNETEENTH FLAG
Recommended Action: RECOMMENDATION
It is recommended that the City Council:

Adopt a resolution to have the Juneteenth Flag displayed annually, for one week, in commemoration of the Emancipation of Enslaved African Americans on June 19, 1865; and
Authorize the City Manager to take appropriate and necessary actions to carry out the purpose and intent of the resolution.

Department: City Clerk
Attachment A - Resolution 2019-11-05-1103
Proposed Resolution
Attachments:

6.12 26-1141 APPOINTMENTS TO CITY COUNCIL COMMITTEES AND

COMMISSIONS
Recommended Action: RECOMMENDATION
Adopt Resolution approving the Mayor’s appointments to the Council Committees and other committees/organizations/boards.

Department: City Clerk
Attachment A - Council Policy 3.06
Proposed Resolution
Exhibit 1
Attachments:

6.13 26-1146 RECONSIDERATION OF RESOLUTION NO. 2025-01-07-0301 RATIFYING THE APPOINTMENT OF DISTRICT 6 COUNCILMEMBER

JASON LEE AS VICE MAYOR
Recommended Action: RECOMMENDATION
It is recommended that the City Council:

Conduct a public discussion regarding reconsideration of Resolution No. 2025-01-07-0301, adopted January 7, 2025, ratifying the appointment of District 6 Councilmember Jason Lee as Vice Mayor of the City of Stockton.

Consider whether the continued appointment of Councilmember Jason Lee as Vice Mayor serves the institutional and operational interests of the City Council.

Provide direction regarding any further action consistent with Article XI, Section 1103 of the Stockton City Charter, the Council Policy Manual, and applicable law.

Department: Mayor and City Council

7. ADMINISTRATIVE MATTERS
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8. UNFINISHED BUSINESS

9. HEARINGS**

10. NEW BUSINESS

10.1 26-0955 REQUEST FOR CONSIDERATION OF AN APPEAL FILED BY PRIDE

TRUCK SALES, LP OF THE PLANNING COMMISSION'S DENIAL OF

AN ADMINISTRATIVE INTERPRETATION OF NONCONFORMING
TRUCK SALES USE AT 2546 TURNPIKE ROAD (APN: 165-261-25 & 165-261-26) (P26-0148)
Recommended Action: RECOMMENDATION
It is recommended that the City Council uphold the Planning Commission’s interpretation of the Development Code that determined the former truck sales and other truck-related uses are not recognized as legal nonconforming uses at 2546 Turnpike Road (APN 165-261-25 & 165-261-26), and that the nonconforming use was voluntarily terminated by discontinuance and cannot be re-established.

Department: Community Development
Attachment A - Location Map and Aerial Photo
Attachment B - Zoning Map
Attachment C - 2018 Business License Approval and Letter to Applicant Attachment D - City Correspondence
Attachment E - Request for interpretation of the Development Code Attachment F - Planning Commission Resolution 2026-07-09-0601 Attachment G - Appeal Letter & Supplemental Information Proposed Resolution
PPT 2026-10-13 Item 10.01 (Pride Trucking Appeal)
Attachments:

10.2 26-0962 STAFF PRESENTATION OF THE PROGRAM YEAR 2025-2026

CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT FOR THE U.S. DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT ENTITLEMENT PROGRAMS
Recommended Action: RECOMMENDATION
It is recommended that the City Council receive this informational staff presentation of the Program Year 2025-2026 Consolidated Annual Performance and Evaluation Report (CAPER) for the U.S. Department of Housing and Urban Development (HUD) Entitlement Programs.

Department: Housing, Homelessness, Events & Parking Department City of Stockton Page 8 Printed on 10/9/2026
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Attachment A - 2025-2026 CAPER
Attachment B - CAPER Goals & Accomplishments
PPT 2026-10-13 - Item 10.02 - CAPER Presentation 2025-2026 Attachments:

11. CITY MANAGER'S UPDATE

12. COUNCIL COMMENTS

13. ADDITIONS TO CLOSED SESSION AGENDA

14. ANNOUNCEMENT OF CLOSED SESSION

14.1 26-1128 CONFERENCE WITH LABOR NEGOTIATOR
Agency Designated Representative: City Manager Johnny Ford; Deputy City Manager Will Crew; Deputy City Manager Christine Tien; Interim City Attorney Donald Larkin; Chief Financial Officer Gilbert Garcia, Interim Director of Human Resources Marie Guillory-Jones; Supervising HR Analyst Labor Jasmine Pantoja; Police Chief McFadden; Assistant Chief Scott Graviette; Fire Chief Carr
Employee Organizations: Unrepresented Units, Stockton City Employees’ Association, Operating Engineer’s Local 3, Mid-Management/Supervisory Level Unit, Unrepresented Management/Confidential, Law Department, Stockton Police Management Association, Stockton Firefighters Local 456 International Association of Firefighters, Stockton Fire Management, Stockton Police Officers’ Association (SPOA)
This Closed Session is authorized pursuant to section 54957.6(a) of the Government Code.

Department: City Attorney

14.2 26-1130 CONFERENCE WITH REAL PROPERTY NEGOTIATOR
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Recommended Action: Number of Parcels: Approximately 2.01-acre portion Address: 7306 Shoreline Drive, Stockton, California
APN: 071-220-07
Owner: Verona Office Plaza LLC, a California limited liability company, an affiliate of MGD Inc., a California corporation doing business as The Garibaldi Company
Agency Negotiators: City Manager Johnny Ford; Captain Bradley Burrell; Deputy Redevelopment Director Jordan Peterson; and Senior Real Property Agent Nancy Arroyo
Under Negotiation: Terms and Conditions of Conveyance
This Closed Session is authorized pursuant to Section 54956.8 of the Government Code.

Department: City Attorney

14.3 26-1132 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Number of Cases: Three
Name of Case: Courtney Christy v. City of Stockton, (San Joaquin County Superior Court Case No. CU2026-0071487) Name of Case: Chad Reed v. City of Stockton, (San Joaquin County Superior Court Case No. CU-2026-
0071453)
Name of Case: Danielle Rivera v. City of Stockton, (San Joaquin County Superior Court Case No. STK-CV-UPI2024-13687)
This Closed Session is authorized pursuant to section 54956.9 of the Government Code to discuss matters pertaining to existing litigation.

Department: City Attorney

14.4 26-1133 CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE

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

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

Department: City Attorney

14.5 26-1134 CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE

TO LITIGATION
Number of Cases: One
The City is in receipt of information concerning facts and circumstances that might result in litigation against the City which are known to a potential plaintiff and that pertain to potential discrimination and other employment-related claims by the potential plaintiff against the City.

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

Department: City Attorney

14.6 26-1135 CONFERENCE WITH LEGAL COUNSEL - SIGNIFICANT EXPOSURE

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

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

Department: City Attorney

15. RECESS TO CLOSED SESSION

16. REPORT OF ACTION TAKEN IN CLOSED SESSION

17. ADJOURNMENT

1. INFORMATIONAL ITEMS
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CERTIFICATE OF POSTING
I declare, under penalty of perjury, that I am employed by the City of Stockton and that I caused this agenda to be posted in the City Hall notice case on October 9, 2026, in compliance with the Brown Act.

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

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

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

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

3. In-Person Comments - a) Speakers must submit "request to speak cards" to the Clerk prior to the Public Comment portion of the agenda. No speaker cards will be accepted after the close of Public Comment. b) Address only issues over which the meeting body has jurisdiction. c) The time limit for public comment is at the discretion of the presiding officer and shall be set at the start of the meeting. Donating time is not authorized. d) Your time will be displayed on the speaker podium for convenience. *All written and voicemail public comments received by the Clerk's Office for meetings scheduled between noon (12:00 PM) and 5:00 PM. Material must be submitted to the City Clerks’ Office of applicable meeting body support staff no later than 8:00 AM the day of the meeting. Meetings scheduled after 5:00 PM. Materials must be submitted to the City Clerk’s Office or applicable meeting body support staff no later than noon (12:00 PM) the day of the meeting. All comments received after that time will be forwarded as correspondence the following business day.

Written and voicemail comments will not be read into the record.

In accordance with the Americans With Disabilities Act and California Law, it is the policy of the City of Stockton to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the Office of the City Clerk located at 501 W. Weber Ave, Stockton, California 95203 during normal business hours or by calling (209) 937-8458, at least 5 days in advance of the hearing/meeting. Advance notification within this guideline will enable the City/Agency to make reasonable arrangements to ensure accessibility.

Materials related to an item on this agenda submitted to City Council after distribution of the agenda packet are available for public inspection in the City Clerk's Office at 501 W. Weber Ave, Stockton, California 95203, during normal business hours. Such documents are also available on the City's website at www.stocktongov.com subject to staff's ability to post the documents before the meeting.

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

Council Policy Manual Chapter 4.07 DECORUM
§ 4.07.010 Policy.

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

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

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

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

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

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

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

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

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

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

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

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File #: 26-1009, Version: 1
PROCLAMATION: CALIFORNIA STATE CODE ENFORCEMENT OFFICER APPRECIATION WEEK
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File #: 26-1139, Version: 1
PROCLAMATION: DOMESTIC VIOLENCE MONTH
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File #: 26-0938, Version: 1

APPROVE MOTION FOR THE PURCHASE OF VARIOUS POLICE VEHICLES AND AUTHORIZE CONTRACT CHANGE ORDER NO. 5 FOR THE POLICE DEPARTMENT AND CITY VEHICLE UPFITTING

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

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

2. Approve the use of a Leveraged Purchasing Agreement through the State of California, Department of General Services, Contract No. 1-22-23-14C, in the amount of $1,841,418.88, with Folsom Lake Ford of Folsom, CA, for the purchase of 32 police interceptors.

3. Approve the use of a Leveraged Purchasing Agreement through the State of California, Department of General Services, Contract No. 1-22-23-30, in the amount of $182,895.56, with Long Beach BMW Motorcycles of Long Beach, CA, for the purchase of four police BMW motorcycles.

4. Authorize Contract Change Order No. 5, in the amount of $1,260,000, with Stommel, Inc. dba Lehr Auto Electric of Sacramento, CA, for the Police Department and City Vehicle Up-Fitting, Project No. OM-23-022, bringing the contract total to $7,628,083.91.

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

Summary
Public Works is responsible for maintaining the City’s fleet of vehicles and equipment, including police vehicles. Staff recommends the replacement purchase of 32 police interceptors and four police BMW motorcycles utilized by the Police Department (Attachment A). The proposed replacement units have surpassed their stated life cycles for performance and efficiency of five years and/or 100,000 miles, or are non-operational due to a motor vehicle accident or mechanical failure. Using Leveraged Purchasing Agreements (LPAs) will allow for the procurement of vehicles, meeting the needs of the Police Department.

These LPAs are available to California State and local government agencies to streamline the procurement process and take advantage of volume purchasing. LPA contracts have been competitively bid, reviewed, evaluated, and recommended to the State of California for consideration of award. The specifications for the police interceptors and police BMW motorcycles available through the State of California meet the City’s requirements for their equipment type.

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File #: 26-0938, Version: 1
Additionally, on March 7, 2023, by Motion No. 2023-03-07-1206, Council awarded a multi-year Service Contract, in the amount of $2,158,045.80, to Stommel, Inc. dba Lehr Auto Electric of Sacramento, CA, for the Police Department and City Vehicle Up-Fitting, Project No. OM-23-022. To date, four Contract Change Orders (CCOs) have been executed. The CCOs were needed to provide additional funding for the up-fitting of police vehicles. Council approval is required for CCO No. 5, in the amount of $1,260,000, as the cumulative amount of CCO Nos. 1 through 4 will exceed the administrative change order authority allowed under the existing contract.

It is recommended that Council approve a motion authorizing the City Manager to execute two LPAs through the State of California, Department of General Services (DGS), with Folsom Lake Ford of Folsom, CA, in the amount of $1,841,418.88, for the purchase of 32 police interceptors (Attachment B) and with Long Beach BMW Motorcycles of Long Beach, CA, in the amount of $182,895.56, for the purchase of four police BMW motorcycles (Attachment C).

It is also recommended that Council approve a motion to authorize CCO No. 5, in the amount of $1,260,000, with Stommel, Inc. dba Lehr Auto Electric of Sacramento, CA, for the Police Department and City Vehicle Up-Fitting, Project No. OM-23-022 (Attachment D). The revised contract amount will be $7,628,083.91.

DISCUSSION
Background
Public Works is responsible for maintaining the City’s fleet of vehicles and equipment, including police vehicles. The City’s replacement criteria for police interceptors, police BMW motorcycles, and other marked patrol vehicles is five years and/or 100,000 miles. Adherence to this standard replaces equipment before routine failures and breakdowns occur, reducing the demand for extensive mechanical repairs. The replacement standard increases the resources available for preventative maintenance and is critical to the availability and performance of all fleet equipment, which includes all public safety and emergency response vehicles.

The Fiscal Year (FY) 2026-27 replacement budget for the Fleet Internal Service Fund (ISF) Equipment Acquisition account includes funding to replace 32 marked police interceptors and four police BMW motorcycles utilized by the Police Department. Public Works’ staff have identified 32 police interceptors and four police BMW motorcycles that exceed the age and/or mileage criteria, have recurring mechanical or operational problems, and/or are non-operational due to a motor vehicle accident. A total of 36 units is recommended for replacement (Attachment A). All vehicles being replaced will be removed from the fleet and sold at public auction.

On March 7, 2023, by Motion No. 2023-03-07-1206, Council awarded a multi-year Service Contract, in the amount of $2,158,045.80, to Stommel, Inc., dba Lehr Auto Electric of Sacramento, CA, for the Police Department and City Vehicle Up-Fitting, Project No. OM-23-022. To date, four CCOs have been executed. The CCOs were needed to provide additional funding for the up-fitting of police vehicles. Up-fitting for the 32 new Police Interceptors has been budgeted for FY 2026-27.

Present Situation
The use of LPA contracts streamlines the procurement process and takes advantage of volume City of Stockton Page 2 of 3 Printed on 10/9/2026
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purchasing. LPA contracts have been competitively bid, reviewed, evaluated, and recommended to the State of California for consideration of award. The use of these contracts is optional and is available to California State and local government agencies.

It is recommended that Council approve a motion authorizing the City Manager to execute two LPAs through the State of California, DGS, with Folsom Lake Ford of Folsom, CA, in the amount of $1,841,418.88, for the purchase of 32 police interceptors (Attachment B) and with Long Beach BMW Motorcycles of Long Beach, CA, in the amount of $182,895.56, for the purchase of four police BMW motorcycles (Attachment C).

It is also recommended that Council approve a motion to authorize CCO No. 5, in the amount of $1,260,000, with Stommel, Inc. dba Lehr Auto Electric of Sacramento, CA, for the Police Department and City Vehicle Up-Fitting, Project No. OM-23-022 (Attachment D). The revised contract amount will be $7,628,083.91.

Findings
Pursuant to Stockton Municipal Code section 3.68.070, Council may approve findings which support an exception to the competitive bidding process. Proposed findings for the LPAs include:

1. The State of California, DGS, established LPAs with Folsom Lake Ford and Long Beach BMW Motorcycles to provide access to preferential pricing for vehicles.

2. The LPAs with Folsom Lake Ford and Long Beach BMW Motorcycles were established pursuant to a formal competitive bidding process conducted by the State of California, DGS, on behalf of its governmental members, of which the City is one.

3. Taking advantage of the LPAs negotiated by the State of California will save the administrative expense of City staff conducting separate procurements.

4. The specifications for the replacement equipment available through the State of California, DGS, contracts meet the City’s requirements for their equipment type.

FINANCIAL SUMMARY
There are sufficient funds available in the Public Works FY 2026-27 Fleet ISF, Equipment Acquisition Account No. 4530-718-800004-500-000-00-45, to award two LPAs to Folsom Lake Ford, in the amount of $1,841,418.88, for the purchase of 32 police interceptors, and to Long Beach BMW Motorcycles, in the amount of $182,895.56, for the purchase of four police BMW motorcycles. There is also sufficient funding for the issuance of CCO No. 5 to Stommel, Inc., dba Lehr Auto Electric, in the amount of $1,260,000, for the Police Department and City Vehicle Up-Fitting, Project No. OM-23- 022.

Attachment A - Vehicle Replacement List
Attachment B - LPA with Folsom Lake Ford
Attachment C - LPA with Long Beach BMW Motorcycles
Attachment D - CCO No. 5 with Stommel, Inc. dba Lehr Auto Electric City of Stockton Page 3 of 3 Printed on 10/9/2026
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ATTACHMENT A

UNIT YEAR MAKE MODEL CLASS DEPT DIVISION ACCOUNT PRICE
4144 2016 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4158 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4159 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4160 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4161 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4162 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4163 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4166 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4167 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4168 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4172 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4173 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4175 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4176 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4177 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4178 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4179 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4184 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4186 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4189 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4192 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4193 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4194 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4195 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4196 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4198 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4201 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4202 2017 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4205 2017 FORD PI UTILITY Police SUV Police Investigations 4530-718-800004-500-000-00-45-000-000 4233 2018 CHEV TAHOE PPV Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4234 2018 CHEV TAHOE PPV Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 21 ATTACHMENT A
UNIT YEAR MAKE MODEL CLASS DEPT. DIVISION ACCOUNT PRICE 4423 2024 FORD PI UTILITY Police SUV Police Patrol 4530-718-800004-500-000-00-45-000-000 4248 2019 BMW R1200RT-P Police
Motorcycle
Police Traffic 4530-718-800004-500-000-00-45-000-000 $45,723.89 4249 2019 BMW R1200RT-P Police
Motorcycle
Police Traffic 4530-718-800004-500-000-00-45-000-000 $45,723.89 4257 2019 BMW R1200RT-P Police
Motorcycle
Police Traffic 4530-718-800004-500-000-00-45-000-000 $45,723.89 4258 2019 BMW R1200RT-P Police
Motorcycle
Police Traffic 4530-718-800004-500-000-00-45-000-000 $45,723.89 22 COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:

1. Cooperative/Piggyback
Name:

State of California Department of General Services

2. Contractor: Folsom Lake Ford

3. Cooperative Agency
Agreement Name and
Agreement Number:

DGS, Enforcement Vehicles, Police Pursuit - Ford
Explorer V6 AWD & Ford Explorer V6 AWD – HEV,
Contract ID 1-22-23-14C

4. Cooperative Agency Initial
Agreement Term:

Start Date: 5/11/2022
End Date: 5/11/2027

5. Cooperative Agency’s
Agreement-Options to
extend:

N/A

6. Cooperative Agency
Amended Term:

Supplement #8, Box 6

7. Cooperative Agency
Remaining Options to
Renew:

N/A

8. City of Stockton
Cooperative Purchase
Agreement Term:

Start Date: Upon Execution
End Date: 5/11/2027

9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:

Not to Exceed $1,841,418.88 for the term of
the Agreement.

AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced DGS, Enforcement Vehicles, Police Pursuit - Ford Explorer V6 AWD & Ford Explorer V6 AWD – HEV, Contract ID 1-22-23-14C (“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).

ATTACHMENT B
1 23
Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.

1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through 5/10/2027 unless terminated earlier by the City. If the Cooperative/Piggyback Agency extends the COOP with Contractor by a written amendment, the City has the option to extend the term of this Agreement by written amendment not to go beyond the term stated in the COOP fully executed amendment.

2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.

To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.

3. Compensation: City and Contractor do hereby enter into this Agreement for Enforcement Vehicles, Police Pursuit - Ford Explorer V6 AWD & Ford Explorer V6 AWD – HEV vehicles available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor exceed $1,841,418.88 for the purchase of 32 police interceptors. Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.

4. 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.

5. Applicable Law: 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.

This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.

ATTACHMENT B 2
24 3

FOLSOM LAKE FORD
By:
__________________________
Signature
____________________________
Print name
Title: ________________________
[If Contractor is a corporation, signatures must
comply with Corporations Code §313]
By:
__________________________
Signature

CITY OF STOCKTON
___________________________
Johnny Ford, City Manager
Date:____________________
ATTEST:
____________________________
Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
___________________________
Donald A. Larkin, Interim City Attorney
__________________________
Print name
(Rev. ..202)
Title: _______________________
ATTACHMENT B 3
25 EXHIBIT A
ATTACHMENT B 4
26 Department of General Services
Procurement Division
707 Third Street, Second Floor, West Sacramento, CA 95605 (916) 375-4400 (800) 559-5529
Broadcast Date: December 12, 2025 Bulletin #: K-60-25
TO: Purchasing Authority Contacts (PACs)
Procurement and Contracting Officers (PCOs)
RE: Enforcement Vehicles, Police Pursuit - Statewide Contract - Mandatory - Supplements
This broadcast announces the posting of Supplements to the User Instructions for Statewide Contracts (SCs) for Enforcement Vehicles, Police Pursuit.

Supplements reflect an update to the State Contract Administrator.

Supplements are available on Cal eProcure. Click on the contract numbers below to access the Supplements and review all changes:
0BContract No. 1BSupplement 2BContractor Name
1-22-23-14A 4 Elk Grove Auto Group
1-22-23-14B 4 Winner Chevrolet, Inc.
1-22-23-14C 7 Folsom Lake Ford
These SCs for Enforcement Vehicles, Police Pursuit, are mandatory for use by all state of California departments.

If you have questions regarding this notification, please contact:

Jason Vu
[email protected]
(279) 946-8626
ATTACHMENT B 5
27 Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California

STATEWIDE CONTRACT
USER INSTRUCTIONS All changes to most recent Supplem ent are in bold red italic. Additi ons ar e enclosed in asterisks, *, and deleti ons are enclosed in br ackets, [].

MANDATORY
*Supplement 8*
*(Incorporates Supplements 1 – 8) *
ISSUE AND EFFECTIVE DATE: *4/7/2026*
CONTRACT NUMBER: 1-22-23-14C
DESCRIPTION: Enforcement Vehicles, Police Pursuit
(Ford Explorer V6 AWD)
(Ford Explorer V6 AWD - HEV)
CONTRACTOR: Folsom Lake Ford
CONTRACT TERM: 5/11/2022 through 5/10/2027
STATE CONTRACT ADMINISTRATOR: *Jamie Boes*
*279-240-7470*
*[email protected]*
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:

Non-IT General Provisions, rev 06/08/2010
Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION
Mailing Address:

Folsom Lake Ford
12755 Folsom Blvd.

Folsom, CA 95630
Fax/Email:

Fax: (916) 353-2078
Email:

[email protected]
Contact Information:

Folsom Lake Ford
Mark Paoli
Phone: (916) 351-4202
Email:

[email protected]
ATTACHMENT B 6
28 All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*8* * Supplement 8 reflects the following changes:
 Cover Page: Contract Administrator has
been updated
 Article 26: Contract Administrator has
been updated.*
*4/7/2026*
7 Supplement 7 reflects the following changes:
 Cover Page: Contract Administrator has been
updated
 Article 26: Contract Administrator has been
updated.
10/7/2025
6 Subject contract for Enforcement Vehicles, Police
Pursuit is hereby modified to reflect the following
change:
 Cover Page: Contract expiration date has
been updated to extend the contract.
 Attachment A – Contract Pricing, Supplement
6 has been updated to reflect open ordering
bank and new MY cost.
8/1/2025
5 Subject contract for Enforcement Vehicles, Police
Pursuit is hereby modified to reflect the following
change:
 Attachment A – Contract Pricing, Supplement
5 has been updated to reflect OEM ordering
bank status
5/23/2025
4 Subject contract for Enforcement Vehicles, Police
Pursuit is hereby modified to reflect the following
change:
 Article 38: has been updated to new title and
language.
4/10/2025
3 Subject contract for Enforcement Vehicles, Police
Pursuit is hereby modified to reflect the following
changes:
 Cover Page: Contract expiration date has
been updated to extend contract.
 Article 37, VETTED
FORMS/CERTIFICATIONS has been added.
7/29/2024
ATTACHMENT B 7
29 Supplement
Number Description/Articles Supplement
Date
2 Subject contract for Enforcement Vehicles, Police
Pursuit is hereby modified to reflect the following
changes:
 Cover Page Note
 Attachment A – Contract Pricing, Supplement
2 has been updated to reflect a price increase.
 Effective February 1, 2024, orders for 25MY
will be accepted.
1/30/2024
1 Subject contract for Enforcement Vehicles, Police
Pursuit is hereby modified to reflect the following
changes:
 Attachment A – Contract Pricing, Supplement
1 has been updated to reflect a price increase.
 Effective September 9, 2022, orders for 23MY
will not be accepted and 23MY vehicles will
not be available until further notice.
 Note: The cut-off date to submit orders for
23MY is close of business September 8,
2022.
9/2/2022
N/A Original Contract Posted 5/11/2022
All other terms and conditions remain the same.

ATTACHMENT B 8
30 ATTACHMENT B 9
31 ATTACHMENT B 10
32 SCOPE
The State’s contract with (Contractor) provides Enforcement Vehicles, Police Pursuit at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22-23-14C. The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Enforcement Vehicles, Police Pursuit to the State.

The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract may be terminated at the end of the current contract term.

CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for all State of California departments. • State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable.
• Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected].
• State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.

ATTACHMENT B 11
33 • Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.
• A DGS issued billing code is not required for local governmental agencies to place orders against this contract.

C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (https://www.dgs.ca.gov/OFS/Price-Book) (go to Price Book Download and click on Purchasing under Procurement Division).

B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to

1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

SB/DVBE OFF-RAMP PROVISION
There is no SB/DVBE off ramp associated with this contract.

EXEMPT PURCHASES
There are no exempt purchases associated with this contract.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, ATTACHMENT B 12
34 outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

CONTRACT ITEMS
All line items are listed on Attachment A – Contract Pricing.

SPECIFICATIONS
All products listed on Attachment A, Contract Pricing, conform to Attachment B1, Specifications 2310-5644, dated 9/30/2021 and Attachment B2, Specifications 2310-5712, dated 9/30/2021.

CUSTOMER SERVICE
Contractor will provide office and personnel resources for responding to requests, including telephone coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).

Contact Phone Email
Customer Service Unit (916) 351-4202 [email protected]

PRODUCT SUBSTITUTIONS
Product substitution shall be in accordance with the General Provisions (rev 06/08/10), Article 16 entitled “Substitutions”.

PROMOTIONAL PRICING
During special pricing promotions, the Contractor shall offer the ordering agency the promotional pricing or the discount percentage off list, whichever is lower.

The Contractor shall notify the State Contract Administrator of all promotional pricing changes. Notification shall include at a minimum:
• Promotion start and end dates
• Models, products, and services included in the promotion • Promotional pricing
Promotional pricing shall not be cause for a permanent change in pricing. Promotional pricing shall not be cause for Contractor refresh.

Promotional items shall come with all benefits of the statewide contract terms and conditions and shall include all provisions such as warranty and delivery.

ATTACHMENT B 13
35 PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (https://www.dgsapps.dgs.ca.gov/osp/StatewideFormsWeb/Forms.aspx) (select STD Forms).

All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket purchase orders against this statewide contract is not allowed.

B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).

MINIMUM ORDER
The minimum order shall be one (1) vehicle
ATTACHMENT B 14
36 ORDERING PROCEDURE
Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:
• U.S. Mail
• Facsimile
• Email
The Contractor’s Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION
U.S. Mail:

Folsom Lake Ford
12755 Folsom Blvd.

Folsom, CA 95630
Facsimile: (916) 353-2078
Email:

[email protected]
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

ORDER ACCEPTANCE
The Contractor shall accept orders from any ordering agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete
• Contain non-contract items
• Contain non-contract terms and conditions
The Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator.

ORDER RECEIPT CONFIRMATION
The Contractor will provide ordering agencies with an email or facsimile order receipt confirmation within forty-eight (48) hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information:
• Ordering agency name
• Agency order number (purchase order number)
• Purchase order total cost
• Anticipated delivery date
ATTACHMENT B 15
37 OUT OF STOCK REMEDY
Upon receipt of an order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:
• Request a back order
• Cancel the item from the order with no penalty
The Contractor will provide notification to the ordering agencies regarding out-of-stock items which have been back ordered.

Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products.

DISCONTINUED ITEM REMEDY
Upon receipt of an order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
• Amend purchase document to reflect State-approved substitute item (per Article 10, Product Substitutions)
• Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator.

DELIVERY SCHEDULES
Delivery for orders placed against this contract shall be in accordance with the following:

A. Pre-Delivery Checklist
Prior to delivery, each vehicle shall be completely inspected, serviced, and detailed by the delivering dealer and/or the manufacturer’s pre-delivery service center. A copy of the pre-delivery checklist shall be completed for each vehicle, signed by a representative of the organization performing the inspection/service, and delivered with the vehicle.

B. Delivery Documents
The following documents shall be delivered to the receiving agency with the vehicle:
• Completed and signed pre-delivery service checklist, including the order number and Vehicle Identification Number (VIN)
• “Line Set Tickets” or “Window Sticker” showing all options installed • One (1) copy of the vehicle warranty
• One (1) Owner’s Manual
• Speed Calibration documentation for each vehicle
ATTACHMENT B 16
38 C. Locations
Deliveries are to be made (statewide) to the location specified on the individual purchase order, which may include, but not limited to inside garages and parking lots.

D. Schedule
Delivery made to any State department is to begin within ninety (90) days after receipt of order (ARO). State departments may limit delivery to a maximum of ten (10) units per working day.

Delivery to local agencies is to be completed in full within 150 days ARO.

Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each facility for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within twelve (12) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Confirmation.

Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM.

E. Security Requirements
Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.

Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

Deliveries that are delayed due to drivers not being cleared to enter secure grounds may be cause for contract default.

FREE ON BOARD (F.O.B.) DESTINATION
All prices offered shall be F.O.B. destination; freight prepaid by the Contractor, to the ordering agency’s receiving point. Responsibility and liability for loss or damage for all orders shall remain with the Contractor until final inspection and acceptance, when all responsibility shall pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.

The Contractor will be required to deliver vehicles to State agencies or local agencies FOB Destination, Sacramento County. Additionally, delivery shall be FOB Destination to the California Highway Patrol (CHP), Fleet Operations, 3300 Reed Ave., West Sacramento, California 95605.

ATTACHMENT B 17
39 Vehicles shall be delivered from the factory to the Contractor’s place of business. If the purchase order indicates delivery outside an FOB point, the Contractor and agency will negotiate for delivery beyond the FOB point. This delivery may be subject to an additional delivery charge by the resulting contractor(s). This charge shall be shown as a separate item on the purchase order and invoice.

State agencies requesting delivery outside the FOB area must contact the Transportation Management Unit for freight rate comparisons if the Contractor is delivering the vehicle.

These delivery instructions will be provided on the purchase order. Contractors receiving a purchase order without specific transportation instructions must contact the ordering agency.

Caravan or drive-away method of delivery from the factory to a dealer is not acceptable.

The supplier shall insure that each vehicle reaches its delivery point with no less than five (5) gallons of fuel in the fuel tank.

Drop ship deliveries shall not be made without prior State inspection.

Vehicles delivered from a Contractor with more than 50 miles on the odometer will be charged 50 cents for each mile exceeding 50 miles. This charge shall be deducted from the order price for each vehicle delivered against each order. Vehicles delivered with more than 250 miles on the odometer will not be accepted.

SHIPPED ORDERS
All shipments shall be in accordance with the General Provisions, Article 12 entitled “Packing and Shipment”.

PACKING SLIP
A packing slip will be included with each shipment, which will include at least the following information in no particular order:
• Agency order number (purchase order number)
• Ordering agency name
• Line item description
• Quantity ordered
• Quantity included in shipment
• Any back ordered or out of stock items and availability date of unfilled and partial shipment
• Number of parcels
• Destination
• All information contained on the packing label
ATTACHMENT B 18
40 PACKING LABEL
A packing label will also be included with each order shipped and include the following items, visible on the outside of the box:
• Ordering agency name
• Delivery address, unit, and/or floor
• Department and floor
• Ordering agency contact name
• Ordering agency telephone number

SAFETY DATA SHEET
The Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section.

INSPECTION AND ACCEPTANCE
Vehicles ordered for State use will be inspected by a State Inspector at the Contractor’s place of business. Inspection by local agencies will be at the Contractor’s place of business or as otherwise agreed to by the dealer and local purchasing agency. Inspection will commence within five (5) State working days of notification that a vehicle is ready for inspection. Inspection will include: specification compliance, workmanship, appearance, proper operation of all equipment and systems, and that all documents are present. In the event deficiencies are detected, the vehicle will be rejected and the delivering Contractor will be required to make the necessary repairs, adjustments or replacements. Payment and/or the commencement of a discount period (if applicable) will not begin until the defects are corrected and the vehicle is re-inspected and accepted.

Completion of inspection or acceptance by the State Inspector shall in no way release the Contractor from satisfying the requirements of the contract, specifications, and warranty.

Deviations from the specified requirements that are detected by the inspection shall be corrected by the Contractor in an expeditious manner at no expense to the owning agency.

Inspection by local agencies will be at the dealer’s place of business or as otherwise agreed to by the dealer and local purchasing agency.

CONTRACT ADMINISTRATION
Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.

ATTACHMENT B 19
41 Administrator
Information DGS-PD Folsom Lake Ford
Contact
Name:
*Jamie Boes* Mark Paoli
Telephone: *(279) 240-7274* (916) 951-4202
Facsimile: *N/A* (916) 353-2078
Email: *[email protected]* [email protected] Address: DGS/Procurement Division
Attn: *Jamie Boes*
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605
Folsom Lake Ford
Attn: Mark Paoli
12755 Folsom Blvd.

Folsom, CA 95630

RETURN POLICY
The Contractor will accept all products for return at no cost to the ordering agency within thiry (30) calendar days of delivery, and refund the customer in full.

Products returned should be in the packaging as delivered and include all documentation.

Lost or damaged packaging materials and/or documentation shall be supplied by the Contractor. The Contractor shall not charge for these materials in excess of the Contractor’s cost or the 10 percent restocking fee, whichever is lower. The Contractor shall provide the State Contract Administrator and/or ordering agency a copy of the Contractor’s material cost, if requested, within ten (10) days of request.

All returns shall be picked up within seven (7) working days of notification. Notification is defined as notice in writing, by facsimile, or e-mail.

CREDIT POLICY
The Contractor shall offer a credit/refund for the following items:
• Items shipped in error
• Items that are returned within thirty (30) calendar days of delivery • Defective or freight-damaged items
In all cases, the ordering agency shall have the option of taking an exchange or receiving a credit, or receiving a refund.

The Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. The Contractor cannot require the ordering agency to deal directly with the manufacturer.

ATTACHMENT B 20
42 RESTOCKING FEES
The Contractor will not impose a restocking fee on the ordering agency for the following situations:
• Items returned that were damaged upon receipt
• Incorrect items shipped
• Items that are returned within thirty (30) calendar days of delivery • Items that are returned, but exchanged for other items within thirty (30) calendar days Re-stocking fees for all other reasons shall be 10 percent of the value of the items to be re-stocked.

The packaging and documentation provisions in accordance with Article 27, Return Policy, shall apply to re-stocked items.

The Contractor will not be required to accept returns more than sixty (60) days after delivery. The ordering agency will be responsible for return transportation costs to the Contractor if so accepted after sixty (60) days after delivery.

INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering agency.

Invoices will contain the following information:
• Contractor’s name, address and telephone number
• Leveraged Procurement Agreement Number (Contract Number) • Agency order number (purchase order number)
• Item and commodity code number
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order

PAYMENT
A. Terms
Payment terms for this contract are net forty-five (45) days. Cash Discount of $500 per unit for payment within twenty (20) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than forty-five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

ATTACHMENT B 21
43 B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

C. State Financial Marketplace
State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

D. Payee Data Record
Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.

CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.

State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.

Contractor Name Seller Permit #
Folsom Lake Ford 26-797640

WARRANTY
The manufacturer’s regular new vehicle warranty shall apply to all vehicles procured against the resulting contract.

The warranty shall be factory authorized and shall cover not less than 3 years/36,000-mile bumper to bumper, no charge parts and labor. All emission-related components shall be warranted in compliance with the California Air Recourses Board (CARB) and Federal requirements. Bids offering independent insurance or a statement indicating self-insurance will be deemed non-responsive and will be rejected.

This warranty shall be honored by all franchised dealers of the vehicle within the State of California. The State’s established preventative maintenance procedures and practices shall be acceptable to the manufacturer/dealers in lieu of the manufacturer’s prescribed ATTACHMENT B 22
44 procedures, which may form a part of the warranty. All warranty certificates and/or cards shall be supplied with each vehicle delivered.

If an additional extended warranty is purchased, a warranty certificate, warranty card, or a statement indicating the extended warranty has been recorded with the manufacturer shall be furnished with each vehicle delivered.

Normal wear items such as tires, belts, hoses, headlamps, light bulbs, brake linings, brake discs/drums, etc. are excluded from warranty coverage. All other items not subject to normal wear or gross operator neglect and abuse, such as window, seat or wiper motors, chassis electrical switches (door, trunk lid), paint, hinges, locks, etc., shall be covered.

The State reserves the right to use re-refined lubrication oils, where available, in lieu of the virgin equivalent oils. The re-refined oils used by the State will meet all API and SAE standards and specifications as set forth by the vehicle manufacturer. The use of said oils shall in no way void or degrade the original manufacturer’s minimum 3-year/36,000-mile warranty.

The State reserves the right to use recycled content antifreeze/coolant, where available, in lieu of virgin equivalent antifreeze/coolant, in servicing its vehicles. The recycled antifreeze/coolant used by the State will meet all ASTM standards and specifications as set forth by the vehicle manufacturer. The use of said recycled antifreeze/coolant shall in no way void or degrade the original manufacturer’s minimum 3-year/ 36,000-mile warranty. “Manufacturer’s Warranty Policy and Procedures Manual” shall be made available upon customer request. The solicitation shall also require each awarded Bidder to designate by name, a responsible contact and alternate assigned for the duration of the contract, who will resolve State warranty-related claims on a priority basis.

Note: Vehicles not placed in service immediately upon receipt shall be warranted from the date the unit is placed in service. The receiving agency shall notify the dealer in writing of the actual “in-service” date.

WARRANTY REPAIR PARTS
It shall be the responsibility of the Contractor to maintain an adequate stock of all regular and special parts to meet the continuing service and warranty repair parts needs of the State without undue delay. A special system shall be set up for expediting the procurement of back order items needed to repair an inoperative vehicle including a system to air freight parts at the Contractor’s expense when parts are not in stock in California parts depots.

Warranty replacement parts shall be available within three (3) working days after telephone notification.

RECYCLED CONTENT
There is no recycled content associated with this contract.

ATTACHMENT B 23
45 SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.

VETTED FORMS/CERTIFICATION
The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor forms, certifications, and compliance to performing a commercially useful function (CUF) during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to conduct a CUF evaluation or request the completion of the following required certifications and forms:
• GenAI Disclosure & Factsheet (STD 1000)
• Bidder Declaration Form (GSPD 05-105)
• DVBE Declaration Form (DGS-PD 843)
• Darfur Contracting Act Form
• California Civil Rights Certification Form
• Iran Contracting Act Certification
• Russian Sanctions Agreement
• Federal Debarment

GENERATIVE ARTIFICIAL INTELLIGENCE (GENAI) PROCUREMENT PROCEDURES Contractor does not intend to utilize GenAI as a deliverable. If GenAI is disclosed by the Contractor, state departments must follow the required GenAI purchase procedures outlined in SCM Vol.2, Chapter 23, Generative Artificial Intelligence.

ATTACHMENTS
Attachment A – Contract Pricing, Supplement 6, 8/1/2025 Attachment B1 – Specifications 2310-5644, dated 9/30/2021 Attachment B2 – Specifications 2310-5712, dated 9/30/2021 ATTACHMENT B 24
46 Non-core discount = 0% off catalog list price. To access a complete list of contract Non-Core catalog pricing contact Folsom Lake Ford Contact
Line Item #
(CLIN)
Commodity Description Manufacturer (OEM) Model SKU # / Item # Unit of Measure
Quantity in
Unit of Measure Contract Price
C1
Law Enforcement Mid-size Utility Vehicle with Police Package in accordance with specification #2310-5644 dated 9/30/2021. Ford Explorer K8A Each 1 *$49,313.00* C2
Law Enforcement HEV Police Pursuit/Interceptor in accordance with specification #2310-5712 dated 9/30/2021 Ford Explorer K8A Each 1 *$49,313.00* C3 5yr. / 100,000 mi. - Extended Powertrain Warranty Utility Vehicle Ford N/A N/A Each 1 $ - C4
OPTIONAL BADGE DELETE: Manufacturer's nameplate(s) /
badge(s) shall be removed from the vehicle on both front doors below the window belt molding and on the tailgate. "After-factory" dealer nameplate / badge removal is acceptable if factory badge delete is unavailable from the manufacturer Note: Option not available for Ford Explorer HEV, Item T2 Ford 16D N/A Each 1 $ -
C5
BALLISTIC DOOR PANEL DELETE OPTION: Remove front driver and passenger door mounted ballistic panels Ford Level 3 + N/A Set 2 $ 2,853.00 Statewide Contract 1-22-23-14C Enforcement Vehicles, Police Pursuit *Attachment A - Contract Pricing, Supplement 6*
Contractor: Folsom Lake Ford
End of Sheet

CORE ITEMS TABLE

ATTACHMENT B 25
47 EXHIBIT B

INSURANCE REQUIREMENTS
NOT APPLICABLE – PURCHASE OF GOODS
ATTACHMENT B 26
48 EXHIBIT C
ATTACHMENT B 27
49 ATTACHMENT B 28
50 1
(Rev. ..202)

COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:

1. Cooperative/Piggyback
Name:

2. Contractor:

3. Cooperative Agency
Agreement Name and
Agreement Number:

4. Cooperative Agency Initial
Agreement Term:

5. Cooperative Agency’s
Agreement-Options to
extend:

6. Cooperative Agency
Amended Term:

7. Cooperative Agency
Remaining Options to
Renew:

8. City of Stockton
Cooperative Purchase
Agreement Term:

9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:

State of California Department of General Services
Long Beach BMW Motorcycles
Start Date: December 28, 2022
End Date: December 27, 2027
N/A
Supplement #7, Box 6
Start Date: Upon Execution
End Date: December 27, 2027
Not to Exceed $182,895.56 for the term of
this agreement.

State of California, Department of General
Services Contract No. 1-22-23-30
Motorcycles, Enforcement Type
N/A

ATTACHMENT C
51 2
(Rev. ..202)
 Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through
unless terminated earlier by the City.
the Contractor during the term of this Agreement exceed for the purchase of four police BMW motorcycles.

Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.

AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced State of California, Department of General Services Contract No. 1-22-23-30 (“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).

Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.

December 27,2027.

If the Cooperative/Piggyback Agency extends the COOP with Contractor by a written amendment, the City has the option to extend the term of this Agreement by written amendment not to go beyond the term stated in the COOP fully executed amendment.  Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.

To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.

3. Compensation: City and Contractor do hereby enter into this Agreement for the purchase of four police BMW motorcycles.
available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to $182,895.56

ATTACHMENT C
52 3

4. 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.

5. Applicable Law. 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.

This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.

CITY OF STOCKTON LONG BEACH BMW MOTORCYCLES
By: __________________________
Signature
____________________________
Print name
Title: ________________________
[If Contractor is a corporation, signatures must
comply with Corporations Code §313]
By: __________________________
Signature
-RKQQ\)RUG, City Manager
Date:____________________
ATTEST:
____________________________
Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
___________________________
Donald A. Larkin, Interim City Attorney
__________________________
Print name
(Rev. ..202)
Title: _______________________

ATTACHMENT C
53 4
(Rev. ..2025)

EXHIBIT A

ATTACHMENT C
54 Department of General Services
Procurement Division
707 Third Street, 2nd Floor
West Sacramento, CA 95605-2811
State of California

STATEWIDE CONTRACT
USER INSTRUCTIONS All changes to most recent Supplem ent are in bold red italic. Additi ons ar e enclosed in asterisks, *, and deleti ons are enclosed in br ackets, [].

MANDATORY
*Supplement 7*
*(Incorporates Supplements 1 – 7) *
ISSUE AND EFFECTIVE DATE: *May 15, 2026*
CONTRACT NUMBER: 1-22-23-30
DESCRIPTION: Motorcycles, Enforcement Type
CONTRACTOR: Long Beach BMW Motorcycles
CONTRACT TERM: 12/28/2022 through 12/27/2027
STATE CONTRACT ADMINISTRATOR: Robb Parkison
279-946-8302
[email protected]
The contract user instructions, products, and pricing are included herein. All purchase documents issued under this contract incorporate the contract terms and applicable California General Provisions:

Non-IT General Provisions (rev 6/21/2022)
Cal eProcure link: www.caleprocure.ca.gov

ORDER PLACEMENT INFORMATION
Mailing Address:

Long Beach BMW Motorcycles
2125 E. Spring St.

Long Beach, CA 90806
Fax/Email:

Fax: 562-506-2144
Contact Information:

Long Beach BMW Motorcycles
Charles Berthon
Phone: 562-426-1200
Email: [email protected]
ATTACHMENT C 5
55 All changes to most recent Supplement are in bold red italic. Additions are enclosed in asterisks; deletions are enclosed in brackets.

SUMMARY OF CHANGES
Supplement
Number Description/Articles Supplement
Date
*7* *Subject contract for Motorcycles is hereby
modified to reflect the following changes:
 Attachement A Contract pricing reflects a
new model *
*5/15/2026*
6 *Subject contract for Motorcycles is hereby
modified to reflect the following changes:
 Contract term has been extended
2/09/2026
5 Subject contract for Motorcycles is hereby
modified to reflect the following changes:
 Front Page: Update Contract Administrator
 Article 29: Update Contract Administrator
6/10/2025
4 Subject contract for Motorcycles is hereby
modified to reflect the following changes:
 Article 41 and Article 42 have been modified
4/8/2025
3 Subject contract for Motorcycles is hereby
modified to reflect the following changes:
 Contract term has been extended
10/31/2024
2 Subject contract for Motorcycles is hereby
modified to reflect the following changes:
 Article 41 and Article 42 have been added
8/1/2024
1 Subject contract for Motorcycles is hereby
modified to reflect the following changes:
 Front Page: Update Contract Administrator
 Article 29: Update Contract Administrator
8/11/2023
N/A Original Contract Posted 12/28/2022
All other terms and conditions remain the same.

ATTACHMENT C 6
56 ATTACHMENT C 7
57 ATTACHMENT C 8
58 SCOPE
The State’s contract with Long Beach BMW Motorcycles (Contractor) provides Motorcycles, Enforcement Type at contracted pricing to the State of California and local governmental agencies in accordance with the requirements of Contract # 1-22-23-30.

The Contractor shall supply the entire portfolio of products as identified in the contract and will be the primary point of contact for data collection, reporting, and distribution of Motorcycles, Enforcement Type to the State.

The contract term is for three (3) years with an option to extend the contract for two (2) additional one (1) year period or portion thereof. The terms, conditions, and prices for the contract extension option shall be by mutual agreement between the Contractor and the State. If a mutual agreement cannot be met the contract will expire at the end of the current contract term.

CONTRACT USAGE/RULES
A. State Departments
• The use of this contract is mandatory for all State of California departments. • State departments must adhere to all applicable State laws, regulations, policies, best practices, and purchasing authority requirements, e.g. California Codes, Code of Regulations, State Administrative Manual, Management Memos, and State Contracting Manual Volume 2, as applicable.
• Prior to placing orders against this contract, State departments must have been granted non-IT purchasing authority by the Department of General Services, Procurement Division (DGS-PD) for the use of this statewide contract. State departments that have not been granted purchasing authority by DGS-PD for the use of the State’s statewide contracts may contact DGS-PD’s Purchasing Authority Management Section by e-mail at [email protected].
• State departments must have a Department of General Services (DGS) agency billing code prior to placing orders against this contract. Ordering departments may contact their Purchasing Authority contact or their department’s fiscal office to obtain this information.

B. Local Governmental Agencies
• Local governmental agency use of this contract is optional. • Local government agencies are defined in Public Contract Code Chapter 2, Section 10298 (a) (b) and 10299 (b); this includes the California State Universities (CSU) and University of California (UC) systems, K-12 schools and community colleges empowered to expend public funds for the acquisition of products While the State makes this contract available to local governmental agencies, each local governmental agency should determine whether this contract is consistent with its procurement policies and regulations.

ATTACHMENT C 9
59 • Local governmental agencies shall have the same rights and privileges as State departments under the terms of this contract. Any local governmental agencies desiring to participate shall be required to adhere to the same responsibilities as do State departments and have no authority to amend, modify or change any condition of the contract.
• A DGS issued billing code is not required for local governmental agencies to place orders against this contract.

C. Unless otherwise specified within this document, the term “ordering agencies” will refer to all State departments and/or local governmental agencies eligible to utilize this contract. Ordering and/or usage instructions exclusive to State departments or local governmental agencies shall be identified within each article.

DGS ADMINISTRATIVE FEES
A. State Departments
The DGS will bill each State department an administrative fee for use of this statewide contract. The administrative fee should NOT be included in the order total, nor remitted before an invoice is received from DGS.

Current fees are available online in the Price Book & Directory of Services (go to Price Book Download and click on Purchasing under Procurement Division).

B. Local Governmental Agencies
For all local government agency transactions issued against the contract, the Contractor is required to remit the DGS-PD an Incentive Fee of an amount equal to

1.25 percent of the total purchase order amount excluding taxes and freight. This Incentive Fee shall not be included in the local governmental agency’s purchase price, nor invoiced or charged to the local governmental agency. All prices quoted to local governmental agencies shall reflect State contract pricing, including any and all applicable discounts, and shall include no other add-on fees.

EXEMPT PURCHASES
There are no exempt purchases associated with this contract.

PROBLEM RESOLUTION/SUPPLIER PERFORMANCE
Ordering agencies and/or Contractor shall inform the State Contract Administrator of any technical or contractual difficulties encountered during contract performance in a timely manner. This includes and is not limited to informal disputes, supplier performance, outstanding deliveries, etc. The ordering agency should include all relevant information and/or documentation (e.g., purchase documents).

ATTACHMENT C 10
60 CONTRACT ITEMS
All available Core line items and cost are listed on Attachment A – Contract Pricing.

Non-core catalog (Dealers Catalog) items are all options/accessories available in the Contractor’s commercially available Dealers Catalog. All such items in the Dealers Catalog are offered at a ten percent (10%) discount off of list pricing. Ordering agencies may contact the Contractor for a current copy of the Dealer’s Catalog.

SPECIFICATIONS
All products listed on Attachment A, Contract Pricing, conform to Attachment B, Bid Specification Number 2330-6086, dated 9/18/2022.

CUSTOMER SERVICE
Contractor will provide office and personnel resources for responding to requests, including telephone coverage weekdays during the hours of 8:00 AM through 5:00 PM (PT).

Contact Phone Email
Charles Berthon (562) 426-1200 [email protected]

PRODUCT SUBSTITUTIONS
Product substitution shall be in accordance with the General Provisions (Non-IT General Provisions (rev 6/21/2022), Article 16 entitled “Substitutions”.

PROMOTIONAL PRICING
The Contractor shall immediately notify the State Contract Administrator of all manufacturer’s price declines and ordering agencies shall receive full benefit of such declines.

STATE AGENCY INFORMATION TECHNOLOGY CERTFICATION REQUIREMENT There is no technology certification requirement associated with this contract

PURCHASE EXECUTION
A. State Departments
1) Std. 65 Purchase Documents
State departments not transacting in FI$CAL must use the Purchasing Authority Purchase Order (Std. 65) for purchase execution. An electronic version of the Std. 65 is available at the Office of State Publishing web site (select STD Forms).

ATTACHMENT C 11
61 All Purchasing Authority Purchase Orders (Std. 65) must contain the following:
• Agency Order Number (Purchase Order Number)
• Ordering Agency Name
• Agency Billing Code
• Purchasing Authority Number
• Leveraged Procurement Number (Contract Number)
• Supplier Information (Contact Name, Address, Phone Number, Fax Number, E-mail)
• Line Item number
• Quantity
• Unit of Measure
• Commodity Code Number
• Product Description
• Unit Price
• Extension Price
2) FI$CAL Purchase Documents
State departments transacting in FI$CAL will follow the FI$CAL procurement and contracting procedures.
3) Blanket Orders
The use of blanket purchase orders against this statewide contract is not allowed.

B. Local Governmental Agencies
Local governmental agencies may use their own purchase document for purchase execution. The purchase documents must include the same data elements as listed above (Exception: Purchasing Authority Number and Billing Code which are used by State departments only).

MINIMUM ORDER
The minimum order shall be one (1) motorcycle. Tools and training identified on the pricing worksheet are ancillary to the motorcycle purchase and may be purchased as standalone items.

ORDERING PROCEDURE
Ordering agencies are to submit appropriate purchase documents directly to the Contractor via one of the following ordering methods:
• U.S. Mail
• Facsimile
ATTACHMENT C 12
62 • Email
The Contractor’s Order Placement Information is as follows:

ORDER PLACEMENT INFORMATION
U.S. Mail:

Long Beach BMW Motorcycles
2125 E. Spring St.

Long Beach, CA 90806
Facsimile:
(562) 506-2144
Email:
[email protected]
When using any of the ordering methods specified above, all State departments must conform to proper State procedures.

ORDER ACCEPTANCE
The Contractor shall accept orders from any ordering agency. The Contractor shall not accept purchase documents for this contract that:
• Are incomplete
• Contain non-contract items
• Contain non-contract terms and conditions
The Contractor must not refuse to accept orders from any ordering agency for any other reason without written authorization from the State Contract Administrator.

ORDER RECEIPT CONFIRMATION
The Contractor will provide ordering agencies with an email or facsimile order receipt confirmation within forty-eight (48) hours of receipt of purchase document. The Order Receipt Confirmation shall include the following information:
• Ordering agency name
• Agency order number (purchase order number)
• Purchase order total cost
• Anticipated delivery date

OUT OF STOCK REMEDY
Upon receipt of an order acknowledgment identifying out of stock items, the ordering agencies shall have the following options:
• Request a back order
• Cancel the item from the order with no penalty
The Contractor will provide notification to the ordering agencies regarding out-of-stock items which have been back ordered.

ATTACHMENT C 13
63 Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products.

DISCONTINUED ITEM REMEDY
Upon receipt of an order acknowledgment identifying discontinued items, the ordering agencies shall have the following options:
• Amend purchase document to reflect State-approved substitute item (per Article 9, Product Substitutions)
• Cancel the item from the order
Under no circumstance is the Contractor permitted to make substitutions with non-contract items or unauthorized products without approval from the State Contract Administrator.

CUSTOM MOTORCYCLE ORDERS
All custom motorcycle orders shall include the features offered with the motorcycle at the time of bid. Only the requested additional features, options and/or substitutions deviating from the motorcycle offered at the time of bid, shall be subject to additional charges to the ordering agency.

DELIVERY SCHEDULES
Delivery for orders placed against this contract shall be in accordance with the following:

A. Locations
Delivery for CHP shall be FOB Destination to:

California Highway Patrol (CHP), Fleet Operations
3300 Reed Ave. West Sacramento, CA 95605
(916) 309-6800
If the purchase order indicates delivery outside the CHP FOB point, the Contractor and agency will negotiate for delivery. This delivery may be subject to an additional delivery charge.

B. Schedule
Delivery of ordered product shall be completed in full within sixty (60) calendar days after receipt of an order (ARO), unless otherwise agreed to by the ordering agency.

Since receiving hours for each ordering agency will vary by facility, it will be the Contractor’s responsibility to check with each ordering agency for their specific delivery hours before delivery occurs. The Contractor must notify the ordering agency within forty-eight (48) hours of scheduled delivery time, if delivery cannot be made within the time frame specified on the Order Receipt Confirmation.

ATTACHMENT C 14
64 The Contractor is requested to make deliveries in Los Angeles County, Orange County, San Bernardino Metropolitan Area, and San Diego Metropolitan Area during off-peak hours. Off-peak hours are Monday through Friday, 10:00 AM to 4:00 PM PT.

C. Security Requirements
Deliveries may be made to locations inside secure grounds that require prior clearances or special entry procedures for delivery drivers.

Security procedures may vary from facility to facility. The Contractor will be responsible for contacting the secure location for security procedures, hours of operation for deliveries and service, dress code, and other rules of delivery.

Deliveries that are delayed due to drivers not being cleared to enter secure grounds may be cause for contract default.

EMERGENCY/EXPEDITED ORDERS
Not Applicable
FREE ON BOARD (F.O.B.) DESTINATION
All prices are F.O.B. destination; freight prepaid by the Contractor, to the ordering agency’s receiving point. Responsibility and liability for loss or damage for all orders will remain with the Contractor until final inspection and acceptance, when all responsibility will pass to the ordering agency, except the responsibility for latent defects, fraud, and the warranty obligations.

If the purchase order indicates delivery outside the CHP FOB point, the Contractor and agency will negotiate for delivery. This delivery may be subject to an additional delivery charge. This charge shall be shown as a separate item on the purchase order and invoice.

State agencies requesting delivery outside the CHP FOB area must contact the Transportation Management Unit for freight rate comparisons if the Contractor is delivering the vehicle. These delivery instructions will be provided on the purchase order. If the Contractor receives a purchase order without specific transportation instructions, they must contact the ordering agency.

PALLETS
Not Applicable

SHIPPED ORDERS
All motorcycles must be completely serviced, inspected, properly adjusted and road tested before delivery, including the proper fill of all fluids and lubricants. The Contractor shall insure that each enforcement motorcycle reaches its delivery point with a full tank of fuel and a fully charged battery.

ATTACHMENT C 15
65 Motorcycles delivered with more than one hundred (100) miles on the odometer shall not be accepted.

DOCUMENTATION AND TOOLS WITH MOTORCYCLE
The Contractor shall provide the following technical information, specialty equipment, and tools with each motorcycle:

Manuals/Documentation
Each motorcycle shall be delivered with a rider’s manual, warranty guide and consumer information guide necessary for proper operation and maintenance of the motorcycle. • Factory Service Manuals - Service manuals will be applicable to each model year purchased. Delivery of manuals shall be within fifteen (15) days of delivery of the first motorcycle purchased from each model year. (Digital media is acceptable.) • Parts List – Parts List shall provide service part numbers complete in every detail covering the model year for the motorcycle purchased. (Digital media is acceptable.) • Dealer Service Bulletins – Copies of each bulletin published applicable to the model year motorcycle being purchased.
• Flat Rate or suggested time schedule – (Digital media is acceptable.) • Manual or diagram listing all sizes and locations of radio bonding straps Tools and Equipment
Specialty Tools include all factory available and factory mandated equipment including supplemental specialty tools applicable to the repair and maintenance of the contract motorcycle and any subsequent model year motorcycles covered by the contract. Delivery of factory equipment shall be within seventy-five (75) days of delivery of the first motorcycle purchased from each model year.

Electronic Diagnostic Tools include all factory available and factory mandated electronic diagnosis computers/scan tools and software support applicable to the repair and maintenance of the contract motorcycle and any subsequent model year motorcycles covered by the contract. Delivery of factory equipment shall be within seventy-five (75) days of delivery of the first motorcycle purchased from each model year.

PACKING SLIP
Packing slip requirements shall be in accordance with the General Provisions (Non-IT General Provisions (rev 6/21/2022)), Article 12 entitled “Packing and Shipment”.

ATTACHMENT C 16
66 SAFETY DATA SHEET
The Contractor shall provide a Safety Data Sheet for product(s) subject to Title 8 of the California Code of Regulations, Section 5194, Hazard Communication. The Safety Data Sheet is to be prepared and delivered in accordance with this Section.

INSPECTION AND ACCEPTANCE
The first motorcycle delivery shall consist of no more than five (5) motorcycles and shall be completed within sixty (60) calendar days ARO.

All subsequent deliveries shall be in accordance with the delivery schedule as specified on the purchase order of the ordering agency. Motorcycles delivered to the State will be inspected for specification compliance. Acceptance of delivery does not imply specification compliance and does not preclude the State from requiring the Bidder to correct non-compliance issues. In the event a motorcycle is returned to the Bidder for lack of compliance to the specifications prior to being put in service, the official delivery date will be the date the motorcycle is returned to the State and deemed compliant by the inspector. All motorcycles delivered must meet the minimum requirements of the contract.

If it is found that any motorcycle delivered does not meet the minimum requirements, the Bidder shall be required to correct the non-compliance issue at their expense, within thirty (30) calendar days. Failure to correct any deficiencies in any motorcycle delivered, to any ordering agency, may cause the Bidder to be in default of the contract terms.

The State reserves the right to inspect any motorcycle for specification compliance at the Bidder’s place of business or at any State delivery location in accordance with the State’s General Provisions (Non-IT General Provisions (rev 6/21/2022)). Local agencies will be responsible for inspecting their motorcycles for specification compliance and acceptance.

CONTRACT ADMINISTRATION
Both the State and the Contractor have assigned contract administrators as the single points of contact for problem resolution and related contract issues.

Administrator
Information DGS-PD Long Beach BMW Motorcycles
Contact
Name:

Robb Parkison Charles Berthon
Telephone: (279) 946-8302 (562) 426-1200
Facsimile: N/A (562) 506-2144
Email: [email protected] [email protected] Address: DGS/Procurement Division Long Beach BMW Motorcycles ATTACHMENT C 17
67 Administrator
Information DGS-PD Long Beach BMW Motorcycles
Attn: Robb Parkison
707 Third Street, 2nd Floor, MS 201
West Sacramento, CA 95605
Attn: Charles Berthon
2125 E. Spring St.

Long Beach, CA 90806

CREDIT POLICY
The Contractor shall offer a credit/refund for the following items:
• Items shipped in error
• Items that are returned within thirty (30) calendar days of delivery • Defective or freight-damaged items
In all cases, the ordering agency shall have the option of taking an exchange or receiving a credit, or receiving a refund.

The Contractor will be responsible for the credit or replacement of all products, including those covered by manufacturer warranties. The Contractor cannot require the ordering agency to deal directly with the manufacturer.

INVOICING
Ordering agencies may require separate invoicing, as specified by each ordering agency.

Invoices will contain the following information:
• Contractor’s name, address and telephone number
• Leveraged Procurement Agreement Number (Contract Number) • Agency order number (purchase order number)
• Item and commodity code number
• Quantity purchased
• Contract price and extension
• State sales and/or use tax
• Prompt payment discounts/cash discounts, if applicable • Totals for each order

PAYMENT
A. Terms
Payment terms for this contract are net forty-five (45) days. Payment will be made in accordance with the provisions of the California Prompt Payment Act, Government Code Section 927, et seq. Unless expressly exempted by statute, the Act requires State departments to pay properly submitted, undisputed invoices not more than fortyATTACHMENT C 18 68 five (45) days after the date of acceptance of goods, performance of services, or receipt of an undisputed invoice, whichever is later.

A discount of 1 percent is offered for prompt payment of not more than twenty (20) days.

B. CAL-Card Use
Use of the CAL-Card for payment of invoices is not allowed under this statewide contract.

C. State Financial Marketplace
State departments reserve the right to select the form of payment for all procurements, be it either an outright purchase with payment rendered directly by the State, or a financing/lease-purchase or operating lease via the State Financial Marketplace (GS $Mart and/or Lease $Mart). If payment is via the financial marketplace, the Contractor will invoice the State department and the State department will approve the invoice and the selected Lender/Lessor for all product listed on the State's procurement document will pay the Contractor on behalf of the State.

D. Payee Data Record
Each State department’s accounting office must have a copy of the Contractor’s Payee Data Record (Std. 204) in order to process payments. State departments should forward a copy of the Std. 204 to their accounting offices. Without the Std. 204, payment may be unnecessarily delayed. State departments should contact the Contractor for copies of the Payee Data Record.

CALIFORNIA SELLER’S PERMIT
The California seller permit number for the Contractor is listed below. Ordering Agencies can verify that permits are currently valid at the following website: www.cdtfa.ca.gov.

State departments must adhere to the file documentation identified in the State Contracting Manual Volume 2.

Contractor Name Seller Permit #
Long Beach BMW Motorcycles SREA 16-657156

CALIFORNIA VEHICLE DEALER
The California Vehicle Dealer license number is listed below. State Departments can verify that permits are currently valid at the following website:
https://www.dmv.ca.gov/portal/dmv/detail/portal/olinq2/welcome and follow the prompts, selecting Vehicle Dealer/Broker when asked to select a Business Category.

ATTACHMENT C 19
69 Contractor Name Dealer License #
Long Beach BMW Motorcycles 06066

WARRANTY
The manufacturer’s warranty shall apply to all motorcycles purchased under this contract.

All motorcycles purchased shall include a three (3) year/sixty thousand (60,000) mile warranty, with no deductible.

The warranty effective date shall be the in-service date of the motorcycle, as reported by the ordering agency to the Contractor. Any available warranty in excess of three (3) year/60,000 miles shall be included in the dealer’s Catalog. The ordering agency shall accept the service intervals listed in the manufacturer’s preventative maintenance schedule as sufficient for meeting the service requirements for obtaining warranty service.

FACTORY CERTIFIED MECHANIC TRAINING
Training shall be available when needed due to staffing changes.

Between the contract award date and first deliveries against the contract, the Contractor shall provide technical training, including factory supported product indoctrination and maintenance/repair trainings.

The Contractor shall provide dealer mechanic level technical training at a factory authorized training facility, on the entire motorcycle including, but not limited to: (1) engine and transmission diagnosis and overhaul; (2) brake system diagnosis and repair; (3) fuel system diagnosis and repair; (4) engine and chassis electrical system diagnosis and repair; (5) steering and suspension system repair; and (6) final drive diagnosis and overhaul. Any classes necessary for subsequent model year updates will be included at no additional cost. The Contractor shall permit any of the ten (10) CHP personnel to attend regular scheduled training classes conducted by the factory for their dealer mechanics, for the various components/systems on the model motorcycle purchased. This shall include any general classes such as “electrical”.

All travel and transportation expenses for the CHP personnel shall be arranged and prepaid for by the Contractor except as noted below. Transportation expenses consist of the charges for commercial carrier fares, rental vehicles including fuel, private or State vehicle mileage at $.58/mile, overnight and day parking for State- or privately-owned vehicles, bridge or road tolls, taxi or street car fares, and all other charges necessary for transportation. Lodging and meals shall be paid at the State per diem rate (http://www.calhr.ca.gov/employees/Pages/travel- reimbursements.aspx).

When air travel is used, claims for transportation by the scheduled airlines shall be allowed ATTACHMENT C 20
70 at the lowest fare available in conformity with the regular published tariffs for scheduled airlines in effect on the date the flight originated.

Reimbursement for fuel, mileage, parking, tolls, and fares shall be paid within thirty (30) days of claim submittal to the Contractor.

The Contractor shall keep CHP advised of scheduled training classes held either at their training center(s) or at dealerships within California (greater Sacramento, San Francisco/Oakland, Los Angeles and/or San Diego areas).

The Contractor motorcycle mechanic training shall certify and authorize the CHP to perform mechanic level technical work on the motorcycle without voiding the warranty.

All Trainings shall be located within California.

RE-REFINED LUBRICATION OILS
The State has the right to request from the motorcycle manufacturer the use of re-refined lubrication oils, where available, in lieu of the virgin equivalent oils. Prior to the use of any re-refined lubrication oils, the motorcycle manufacturer may opt to approve the re-refined lubrication oils as an equivalent option for use in lieu of the virgin oils. Any re-refined lubrication oils used will meet all API and SAE standards and specifications. The use of the re-refined oils, if approved by the motorcycle manufacturer, shall in no way void or degrade the manufacturer’s warranty. The request and approval shall be in writing.

RECYCLED CONTENT
There is no recycled content associated with this contract.

SB/DVBE PARTICIPATION
There is no Small Business (SB) or Disabled Veteran Business Enterprise (DVBE) participation for this contract.

BIDDER DECLARATION/COMMERCIALLY USEFUL FUNCTION (CUF)/

CERTIFICATIONS
The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor certifications, (i.e. Darfur, Russian Sanctions, SB/DVBE, etc.), Bidder Declaration, and CUF during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to request the completion of State required certifications, a Bidder Declaration document, or perform additional CUF analysis. The State department should make a notation of this within their procurement file.

ATTACHMENT C 21
71 VETTED FORMS/CERTIFICATIONS
The DGS-PD, as the awarding department, has assessed the Contractor and subcontractor forms, certifications, and compliance to performing a commercially useful function (CUF) during the solicitation evaluation process. Consequently, when executing purchase documents pursuant to this contract, it is not necessary for State departments operating under statewide contract purchasing authority to conduct a CUF evaluation or request the completion of the following required certifications and forms:
• Bidder Declaration Form (GSPD 05-105)
• DVBE Declaration Form (DGS-PD 843)
• Darfur Contracting Act Form
• California Civil Rights Certification Form
• Iran Contracting Act Certification
• Russian Sanctions Agreement
• Federal Debarment
State departments should make a notation of this within their procurement file.

GENERATIVE ARTIFICIAL INTELLIGENCE PROCUREMENT PROCEDURES GenAI contract provisions (rev. 2/20/2025) have been incorporated into the contract.

Contractor does not intend to utilize GenAI as a deliverable. If GenAI is disclosed by the Contractor, state departments must follow the required GenAI purchase procedures outlined in SCM Vol.2, Chapter 23, Generative Artificial Intelligence.

ATTACHMENTS
*Attachment A – Contract Pricing Supplement 7*
Attachment B – Bid Specification Number 2330-6086, dated 9/18/2022 ATTACHMENT C 22
72 Non-core discount = 10% off catalog list price.

Contact
Line Item #
(CLIN)
Commodity Description Manufacturer Part
Number (OEM #)
Manufacturer
(OEM) SKU # / Item # Item Description Unit of Measure
Quantity in
Unit of
Measure
Contract Price
1 *2026 MOTORCYCLE, ENFORCEMENT TYPE
(Motorcycles shall include 3year/60,000 mile* *K53 1300 RT-P* BMW N/A Motorcycle Each 1 $ 39,717.76 2 Specialty Tools per Contract Section 25, Documentation and Tools with Motorcycle. 80 30 BMW N/A Tools Set 1 $ - 3 Electronic Diagnostic Tools per Contract Section 25,
Documentation and Tools with Motorcycle. 81 31 5 A78 EF6 BMW N/A Service Tester Set 1 $ - 4 Mechanic Training per Contract Section 36, Factory
Certified Mechanic Training. N/A BMW N/A Training Person 1 $ - Statewide Contract 1-22-23-30 Motorcycles, Enforcement Type Attachment A - Contract Pricing, *Supplement 7 5/15/2026* Contractor: Long Beach BMW
End of Sheet

CORE ITEMS TABLE

ATTACHMENT C
23 73
ATTACHMENT C 24
74 4
(Rev. ..2025)

EXHIBIT C
ATTACHMENT C 25
75 BMW RT-P Motor Pricing Form (2026 Model Year) BMW

MOTORRAD
1 0
0 0
0 0
0 0
1 0
0 0
1 0
0 0
0 0
0 0
l:.lnlts
1 Color Of5!!onC6de
Night Black & Alpine White Ill 753
Night Black 716
Alpine White Ill (special order} 751
Black Blue (special order +60 days) $119.60 999
Saphir Blue (special order+ 60 days) $119.60 999
Violet Blue (special order +60 days) 756
Glacier Silver Metallic (special order) N99
Quotation:

City of Stockton o tloneoae
Factory Special-Order Options - Plan 90-120 Days for Delivery Headlight Pro (includes 134) 219
Gear Shift Assist Pro 222
GPS Prep 272
Chrome Exhaust (Includes 340) 19F
Dark Chrome Exhaust (Includes 34A) 19J
Additional LED Headlights (driving lights) 562
High Seat Black 77E
Low Seat Black 770
Dynamic Package 235
Dynamic Package with Auto Sh ift 22A 235
Rider Assistant Safety Package 5AS
Black Blue 999
Sapphire Blue 999
Tile eatures low Denote Standard Order Deck
US Authority Package
BMW Electronic Siren
(see below)
(see below)
Revised: August 4, 2025
Retail Price
$547.78
S297.78
$175.56
$224.44
S351.11
S460.00
$0.00
$0.00
$2,067.78
$2,987.78
S806.67
S116.94
S116.94
Motorcycle
$�012.50
$0.00
$297.78
$0.00
$0.00
S0.00
$460.00
S0.00
$0.00
$0.00
$0.00
$0.00
S0.00
$0.00
$0.00
$332.22
$1,193.33
Weatfle r l? rotection Tire l?ressure Mo:.:.n:.:.;
it:=o.:.:rs�H.:.:ec
=a�te:.:d=-S=-e::.:a::.:t:i.., G=-.:.::ru:.:.is::.:e=-C=o:.:.nt::.. roI�--------------------'
Additional Labor Operations Provided by Dealer
Quotation valid for 60 days
from date notea 6elow.

Date of Quote:7/31/2026
Radio/Comm cable Installation
Radio Cable
Stalker Dual SL 2Ka Compact Moving Radar
Shipping
CHP Contract 1-22-23-30 Motorcycles, Enforcement Type
Doc. Fee
'Tire Fee
'CVR Fee
'Non Taxable
(4) Units@ $45,723.89/$182,895.56
Total Price• Page 1
Total Price· Page 2
Total Price - Page 3
Parts From Ottier Suppliers• P.age 4
$1,050.00
$395.00
$5,626.90
S350 00
S85.00
$3.50
S37.00
------·
$33,843.23
$134.24
$0.00
$�,353.4q
$526.00
$1,095.00
Long Beach BMW Motorcycles
2125 E. Spring St. Long Beach, CA. 90806

9.00%
Dealer Basic Assembly / Preparation
Motorcycle Freight
Total Retail Price per Unit with Options
State Sales Tax (if applicable}
Total Retail Price per Unit with Options
$41,951.87
$3,772.02
$45,723.89
Note: Prices subject to change without notice. Final price is always determined by the selling authorized BMW Motorcycle dealer.

ATTACHMENT C 26
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80 ATTACHMENT C 31
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City of Stockton
Legislation Text
File #: 26-0954, Version: 1
ADOPT A RESOLUTION TO AWARD A CONTRACT TO PIPE AND PLANT SOLUTIONS INC. FOR

ON-CALL LARGE LINE INSPECTION AND CLEANING SERVICES FOR CITYWIDE

WASTEWATER COLLECTION SYSTEMS

RECOMMENDATION
It is recommended that the City Council adopt a resolution to award the five-year contract On-Call Large Line Inspection and Cleaning Services, Project No. PUR 26-033, to Pipe and Plant Solutions Inc. (PPSI) of Hayward, CA, for inspections and cleaning within the citywide sewer collection systems, in an amount not to exceed $2,000,000.

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

Summary
The Municipal Utilities Department (MUD) staff maintain, inspect, and repair citywide collection systems as part of the regular maintenance program required to safely transport wastewater to Cityowned and operated facilities for treatment.

To perform large-line pipe inspections and cleanings for routine sewer maintenance, as well as camera inspections to support City capital investment projects, MUD staff advertised a public invitation for sealed bids for the On-Call Large Sewer Line Inspection Services, Project No. PUR 26- 033.

If approved, this action will award the five-year contract to PPSI of Hayward, CA, for on-call large line inspection and cleaning services (Exhibit 1 to the Resolution) in an amount not-to-exceed $2,000,000.

DISCUSSION
Background
The Municipal Utilities Department (MUD) Wastewater Utility features a sanitary sewer collection system comprising approximately 900 miles of gravity sewer main, 554 miles of lower lateral pipe, 27 pump stations, and 30 miles of pressurized force main that route sewage to the Regional Wastewater Control Facility (RWCF) for treatment.

The system collects sewage from properties within the City, special districts outside the City, and certain areas within San Joaquin County.

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File #: 26-0954, Version: 1
The City’s sewer system includes pipelines of various sizes, up to 84 inches in diameter. MUD staff routinely inspect and clean sewer lines smaller than 18 inches as part of ongoing maintenance and response programs. However, pipelines larger than 18 inches require specialized equipment and procedures to perform industry-standard camera inspections and cleaning. These specialized inspections must follow standards established by the National Association of Sewer Service Companies (NASSCO) and are also necessary to support MUD capital investment projects and meet state reporting requirements.

Contracting for these services allows staff to complete large-diameter pipeline inspections and cleaning efficiently and in compliance with industry standards, supporting both routine maintenance activities and capital project needs.

Present Situation
On June 2, 2026, the City advertised the Invitation for Sealed Bids for Large Sewer Line Inspection Services, Project No. PUR 26-033.

On July 9, 2026, the City Clerk publicly opened the following responsive bids:

Proponent Bid for Estimated
Work
Pipe and Plant Solutions Inc. of Hayward, California $81,125.00 APS Environmental, Inc. of North Highlands, California $84,725.00 Express Sewer & Drain, Inc. of Rancho Cordova, California $94,350.00 Pipe and Plant Solutions, Inc., the lowest responsive bidder, submitted a complete and compliant bid.

Bids were solicited to establish rates for potential on-call services, with estimated quantities provided solely for evaluation purposes. Work will be performed on an as-needed basis, and no minimum amount of work is guaranteed.

Staff recommend awarding the five-year contract to Pipe and Plant Solutions, Inc. for on-call large line inspection and cleaning services in an amount not to exceed $2,000,000.

FINANCIAL SUMMARY
There are sufficient funds in the Wastewater Collections Division account 6520-000-630006-610-000- 00-65-000-000 to cover on-call services for FY2026-27. Funding for subsequent years and future capital investment projects will be budgeted in the same accounts and subject to City Council approval during the annual budget process.

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

City of Stockton Page 2 of 2 Printed on 10/9/2026
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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AWARDING A FIVE-YEAR CONTRACT TO PIPE AND PLANT SOLUTIONS, INC. FOR ON-CALL LARGE LINE INSPECTION AND CLEANING

SERVICES FOR CITYWIDE WASTEWATER COLLECTION SYSTEMS
The Municipal Utilities Department (MUD) staff maintain, inspect, and repair citywide sewer collection systems as part of the regular maintenance program required to safely convey wastewater for treatment at City-owned and operated facilities; and To perform large-line pipe inspections and cleanings for routine citywide sewer line maintenance and City capital investment projects, MUD staff advertised a public invitation for sealed bids for On-Call Large Sewer Line Inspection Services, Project No. PUR 26- 033 on June 2, 2026; and
On July 9, 2026, City Staff received three bids for the On-Call Large Sewer Line Inspection Services, Project No. PUR 26-033. Pipe and Plant Solutions, Inc, of Hayward, CA, was the lowest responsive bidder; and
Staff recommend awarding a five‑year contract to Pipe and Plant Solutions, Inc. for the On‑Call Large Line Inspection and Cleaning Services, Project No. PUR 26-033 in an amount not to exceed $2,000,000; now, therefore,

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

1. A five-year contract with Pipe and Plant Solutions, Inc., not to exceed the amount of $2,000,000, for on-call large line cleaning and inspection services, is hereby awarded, a copy of which is attached as Exhibit 1 and incorporated by this reference. //
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85 2. 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 October 13, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

BONNIE PAIGE, CMC
Interim City Clerk of the City of Stockton
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City of Stockton
Legislation Text
File #: 26-1004, Version: 1

APPROVE FINDINGS AND AUTHORIZE THE PURCHASE OF CENTRIFUGE REPLACEMENT PARTS AND MAINTENANCE SERVICES FROM GEA MECHANICAL EQUIPMENT U.S., INC. (CITYWIDE)

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

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

2. Authorize a five-year sole source agreement with GEA Mechanical Equipment U.S., Inc of Janesville, Wisconsin, in an amount not-to-exceed $500,000, for training, parts, repair, and maintenance services.

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

Summary
The Municipal Utilities Department (MUD) Wastewater Utility operates the Regional Wastewater Collection Facility (RWCF), an advanced tertiary treatment plant with a capacity of 55 million gallons per day (MGD) located next to the San Joaquin River.

MUD staff operate and maintain equipment used in wastewater treatment, including a Westfalia Separator Centrifuge (Centrifuge) system to dewater collected sludge at the RWCF. The Centrifuge system requires genuine repair parts and services. GEA Mechanical Equipment U.S., Inc (GEA) is the sole authorized provider of repair parts, service, and maintenance for the Centrifuge system.

If approved by the City Council, this action will authorize a five-year sole source agreement with GEA Mechanical Equipment U.S., Inc of Janesville, Wisconsin, for Centrifuge training, replacement parts, repair, and maintenance services, in an amount not to exceed $500,000 (Exhibit 1 to the Resolution).

DISCUSSION
Background
The Centrifuge system uses centrifugal force to separate solids from wastewater. GEA is a proprietary brand that requires genuine GEA parts and certified services to maintain proper operation.

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The Westfalia Separator Centrifuge system is routinely monitored and maintained by MUD Maintenance staff and requires parts and repair to continue performing as designed by the manufacturer. Currently, GEA is the sole available source for the Centrifuge system parts and certified service.

Present Situation
GEA Mechanical Equipment U.S., Inc. provided the City with a total cost of $500,000 for the five-year maintenance and service plan. Staff recommend approval of a not-to-exceed amount of $500,000.

The proposed contract includes the materials and services necessary to maintain the system in accordance with the manufacturer’s specifications.

The proposed five-year agreement will provide GEA parts and certified service for the Centrifuge system from October 2026 through July 2031.

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 findings support and justify an exception:

1. Routine maintenance, replacement of worn components, and necessary repairs are essential to ensure the Westfalia Separator Centrifuge system continues to effectively dewater sludge during wastewater treatment.

2. The Westfalia Separator Centrifuge system requires the use of original manufacturer parts and service for proper operation, performance guarantees, and the lowest life cycle cost.

3. Maintaining the Westfalia Separator Centrifuge system is more cost-effective than replacing it with an alternative system. Accordingly, the proposed contract serves the best public interest.

4. GEA Mechanical Equipment U.S. Inc. is the only source for Westfalia Separator Centrifuge system parts and repair services in the United States.

FINANCIAL SUMMARY
There are sufficient funds in the Wastewater Maintenance Division accounts 6512-000-630013-610- 000-00-65-000-000 and 6512-000-650001-610-000-00-65-000-00 to pay for parts, repair, and maintenance services for FY 2026-27. The Division will budget funds for the remaining contract term in these same accounts, subject to City Council approval during the annual budget process.

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

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING FINDINGS AND AUTHORIZING THE PURCHASE OF

CENTRIFUGE REPLACEMENT PARTS AND MAINTENANCE SERVICES FROM GEA MECHANICAL EQUIPMENT INC.

During the Regional Wastewater Control Facility (RWCF) Modifications Project, the GEA Mechanical Equipment Inc. Westfalia Centrifuge Separator system was installed to support the dewatering of wastewater during treatment at the RWCF; and The Westfalia Centrifuge Separator system is a proprietary brand that requires GEA Mechanical Equipment Inc. replacement components and certified services to maintain proper operation in accordance with the manufacturer’s specifications; and GEA Mechanical Equipment Inc. is the sole available source for the Westfalia Centrifuge Separator system materials, repair, and maintenance services; 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. Routine maintenance, replacement parts, and repairs are standard practice required to preserve the Westfalia Separator Centrifuge system’s ability to dewater sludge from collected wastewater.
b. The Westfalia Separator Centrifuge system requires the use of original manufacturer parts and service for proper operation, performance guarantees, and the lowest life cycle cost.
c. Maintaining the Westfalia Separator Centrifuge system is more costeffective than replacing it with an alternative system. Accordingly, the proposed contract serves the best public interest.
d. GEA Mechanical Equipment U.S. Inc. is the only source for Westfalia Centrifuge Separator system parts and repair services in the United States.

2. A five-year sole source agreement with GEA Mechanical Equipment Inc. of Janesville, Wisconsin, in the amount of $500,000, for Centrifuge system replacement components and maintenance services is hereby authorized, a copy of which is attached as Exhibit 1 and incorporated by this reference.
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3. The City Manager or designee is hereby authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED October 13, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

BONNIE PAIGE, CMC
Interim City Clerk of the City of Stockton
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1 ( . . )

CITY OF STOCKTON

STANDARD AGREEMENT

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

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

Commences on: Terminates on: _____________________________________________________________________________

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

4. The complete Agreement consists of all the following Agreement documents which by reference are incorporated and made a part of this Agreement. The parties agree to comply with the terms and conditions of this Agreement. ____________________________________________________________________________ IN WITNESS WHEREOF, the authorized parties have executed this Agreement.

CONTRACTOR
______________________________________________________________________________________________ Name (if other than an individual, state whether a corporation, partnership, etc.): ______________________________________________________________________________________________ Authorized Signature Date ______________________________________________________________________________________________ Printed Name and Title of Person Signing ______________________________________________________________________________________________ Address

CITY OF STOCKTON
_________________________________________________________ ________________ City Manager Date ATTEST: ____________________________________________________________________________ , City Clerk
APPROVED AS TO FORM:
, City Attorney
BY:

Agreement Number:
(a) Exhibit A Statement of Work
(b) Exhibit B Insurance
(c) Exhibit C General Terms Conditions
(d) Exhibit D
Exhibit E Compensation Schedule
(f) Exhibit F Timeline
GEA Mechanical Equipment U.S., Inc Centrifuge Parts and Service 10/15/2026 7/30/2031
500,000
Goods and Services Special Terms and Conditions
EXHIBIT 1
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EXHIBIT A

STATEMENT OF WORK

1. Project Objectives

1.1 Contractor to provide OEM repair and replacement parts for the City’s installed GEA Westfalia Separator Centrifuge system as requested by the City. Contractor includes GEA North America, Inc. dba GEA Mechanical Equipment U.S., Inc. and its affiliates that support Contractor.

1.2 Contractor to provide on-call repair and maintenance service in accordance with the O&M manual as requested by the City.

1.3 Contractor to provide repair, maintenance, and operation training to City personnel as requested by the City.

2. Project Scope

2.1 The Contract shall cover all equipment, parts, repair and training requested by the City for all Contractor supplied equipment operated at the City’s wastewater treatment plant.

3. Specifications

3.1 All repair and replacement parts, equipment, and consumable materials shall be in accordance with the OEM operations and maintenance manual and be authentic Contractor approved parts.

3.2 All work performed under the scope of this contract shall be in accordance with OEM operations and maintenance manual and be performed by a Contractor service provider.

4. Major Deliverables

4.1 Repair and replacement parts, and consumable materials required for the proper operation of the Westfalia Separator Centrifuge or other Contractor supplied systems.

4.2 Maintenance and repair service provided by Contractor providers required for the proper operation of the Westfalia Separator Centrifuge or other Contractor supplied systems.

5. Tasks That Support the Deliverables

5.1 The City shall provide purchase orders for requested parts or services.

EXHIBIT 1
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2 (GEA ONLY – Approved by ZM 8/13/2026)

5.2 The City will provide schedules and access for services provided by Contractor.

5.3 The City will provide Contractor with the Special Tools furnished with the centrifuges and with use of maintenance crane for use during maintenance activities

5.4 The City will provide access to washrooms, toilets, and waste disposal

6. Internal and External Standards and Guidelines

6.1 All parts and services provided by the Contractor shall be provided in accordance with the applicable Westfalia Separator Centrifuge system operation and maintenance manuals.

6.2 All Contractor service providers shall adhere to all applicable safety requirements while performing work within the scope of this contract.

7. Criteria of Acceptance for Deliverables

7.1 All parts shall be subject to inspection and verification by City staff prior to the approval of Contractor submitted invoices Within 10 days of arrival.

7.2 City shall inspect all parts deliveries for quantity and quality and shall notify Contractor of any deficiencies within 3 business days

7.3 Upon completion of on-site services, Contractor shall issue a service report which shall be signed by City to document services complete during the visit.

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
______________________ 501 W. Weber Ave
______________________ Stockton, CA 95203

9. Key Personnel
City’s Contract Manager – Program Manager III or designee.

Senior Plant Maintenance Supervisor

10. Option to Renew.

The term of the Agreement may not be extended. The total term of the Agreement including the extended term shall not exceed 5 years.

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City of Stockton
Legislation Text
File #: 26-1005, Version: 1

APPROVE FINDINGS AND AUTHORIZE THE PURCHASE OF DISC FILTER SYSTEM

REPLACEMENT PARTS AND ON-CALL REPAIR SERVICES FROM VEOLIA WATER

TECHNOLOGIES (CITYWIDE)

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

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

2. Authorize a five-year sole source agreement with Veolia Water Technologies of Cary, North Carolina, not to exceed the amount of $900,000, for materials, on-call repair, and maintenance services for the Veolia Water Technologies disc filter system (Exhibit 1 to the Resolution).

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

Summary
The Municipal Utilities Department (MUD) Wastewater Utility operates the Regional Wastewater Collection Facility (RWCF), an advanced tertiary treatment plant with a capacity of 55 million gallons per day (MGD) located next to the San Joaquin River.

MUD staff operate and maintain equipment used in wastewater treatment, including a Veolia Water Technologies (Veolia) disc filter system. This system removes suspended solids, sand, and organic debris from wastewater before it enters ultraviolet disinfection. Routine maintenance and repairs are necessary to ensure the disc filter system continues to treat wastewater effectively.

If approved by the City Council, this action will authorize a five-year sole source agreement with Veolia Water Technologies of Cary, North Carolina, not to exceed the amount of $900,000, for materials, on-call repair, and maintenance services for the Veolia Water Technologies disc filter system (Exhibit 1 to the Resolution).

DISCUSSION
Background
During the RWCF Modifications Project, the Veolia disc filter system was selected and installed to remove suspended solids, sand, and organic debris from wastewater. After installation, MUD Maintenance staff assumed responsibility for overseeing the system’s ongoing maintenance.

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However, the system is a proprietary brand and still requires Veolia parts and certified services to maintain proper operation. Veolia is the sole source for these materials and services.

Present Situation
The Veolia disc filter system requires routine maintenance, parts, and repair to work properly. The proposed five-year agreement with Veolia Water Technologies includes materials and services to ensure the system is properly maintained.

If approved by the City Council, this action will authorize a five-year agreement with Veolia Water Technologies for a not-to-exceed amount of $900,000.

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 findings support and justify an exception:

1. Routine maintenance, replacement of worn components, and necessary repairs are essential to ensure the Veolia disc filter system continues to effectively remove suspended solids, sand, and organic debris from wastewater.

2. The Veolia disc filter system requires the use of original manufacturer parts and service for proper operation, performance guarantees, and the lowest life cycle cost.

3. Maintaining the Veolia disc filter system is more cost-effective than replacing it with an alternative system. Accordingly, the proposed action best serves the public interest.

4. Veolia Water Technologies is the only source for replacement parts and repair services in the United States.

FINANCIAL SUMMARY
There are sufficient funds in the Wastewater Maintenance Division accounts 6512-000-630013-610- 000-00-65-000-000 and 6512-000-650001-610-000-00-65-000-000 to pay for replacement parts, repair, and maintenance services for FY 2026-27. The Division will budget funds for the remaining contract term in these same accounts, subject to City Council approval during the annual budget process.

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

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING FINDINGS AND AUTHORIZING THE PURCHASE OF

DISC FILTER SYSTEM REPLACEMENT PARTS AND ON-CALL REPAIR AND

MAINTENANCE SERVICES FROM VEOLIA WATER TECHNOLOGIES
During the Regional Wastewater Control Facility (RWCF) Modifications Project, the Veolia Water Technologies (Veolia) disc filter system was selected and installed to remove suspended solids, sand, and organic debris from collected wastewater; and The Veolia disc filter system is a proprietary brand and requires Veolia replacement components and certified services to maintain proper operation in accordance with the manufacturer’s specifications; and
Veolia Water Technologies is the sole authorized vendor for the Veolia Water Technologies disc filter system replacement parts, on-call repair, and maintenance services; 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. Routine maintenance, replacement of worn components, and necessary repairs are essential to ensure the Veolia disc filter system continues to effectively remove suspended solids, sand, and organic debris from wastewater.
b. The Veolia disc filter system requires the use of original manufacturer parts and service for proper operation, performance guarantees, and the lowest life cycle cost.
c. Maintaining the Veolia disc filter system is more cost-effective than replacing it with an alternative system. Accordingly, the proposed action best serves the public interest.
d. Veolia Water Technologies is the only source for replacement parts and repair services in the United States.

2. A five-year sole source agreement with Veolia Water Technologies of Cary, North Carolina, not to exceed $900,000, for materials, on-call repair, and maintenance services for Veolia Water Technologies disc filter system is hereby authorized, a copy of which is attached as Exhibit 1 and incorporated by this reference. 138

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

PASSED, APPROVED, and ADOPTED October 13, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

BONNIE PAIGE, CMC
Interim City Clerk of the City of Stockton
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City of Stockton
Legislation Text
File #: 26-1020, Version: 2

APPROVE MOTION TO ENTER INTO A PIGGYBACK PURCHASING AGREEMENT WITH PACIFIC STORAGE COMPANY, PURSUANT TO COUNTY OF FRESNO AGREEMENT NO. 24- 104, FOR ON-SITE AND OFF-SITE CONFIDENTIAL DOCUMENT SHREDDING, AND

INFORMATION MEDIA DESTRUCTION SERVICES, FOR THE REMAINDER OF THE ORIGINAL TERM, WITH TWO ONE-YEAR EXTENSIONS, THROUGH MARCH 11, 2029, AND A TOTAL NOT TO EXCEED AMOUNT OF $350,000.00

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

1. Approve the findings pursuant to Stockton Municipal Code Section 3.68.070 supporting an exception to the competitive bidding requirements to utilize County of Fresno Agreement No. 24-104;

2. Authorize the City Manager to execute a piggyback purchasing agreement with Pacific Storage Company for on-site and off-site confidential document shredding and information media destruction services for the remainder of the original term, with two one-year extensions, through March 11, 2029, in a total not to exceed amount of $350,000.00.

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

Summary
Each City of Stockton department has established document retention requirements for records containing sensitive information. These records may include financial, historical, administrative, and other records subject to applicable retention requirements. Depending on the type of record, certain documents may be required to be retained for several years.

Failure to retain records in accordance with applicable retention requirements may result in audit findings, reduced transparency, and increased legal and operational risk, particularly if records are later required for public records requests, audits, investigations, litigation, or other official purposes.

DISCUSSION
Background
The City’s departments maintain records retention schedules that establish how long physical and electronic records must be retained before they may be disposed of. Retention requirements vary based on the type of record and may include specific retention periods and disposition requirements.

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Examples of records with a five (5)-year retention period include 1099s, 1096s, DE 542 forms, check registers, developer trust account records, and fixed asset auction records. Certain records, including investment records, Finance Action Orders/Budget Adjustments, variance analyses, and bond records, have retention requirements of ten (10) years or more. The Police Department also maintains retention requirements for records such as accident, incident, graffiti, vandalism, and injury reports, which may have a two (2)-year retention period.

The City of Stockton's records retention and disposal practices are governed by applicable federal, state, and local requirements, including California Government Code Section 34090, which addresses the destruction or disposal of certain City records.

Records must be retained in accordance with applicable retention requirements. Premature destruction or disposal of records may create compliance, audit, operational, and legal risks for the City. Depending on the circumstances, the absence of records may also affect the City's ability to respond to public records requests, audits, investigations, litigation, or other official proceedings.

Proper records retention provides a consistent process for preserving records for the required period and supports the City's obligations for accountability, transparency, and legal compliance.

Present Situation
The City of Stockton has utilized document storage services provided by Pacific Storage Company for more than ten years. The City currently has more than 8,500 boxes of records stored at Pacific Storage Company’s warehouses.

City staff estimate that retrieving the approximately 8,500 boxes would cost more than $51,000, based on Pacific Storage Company’s current charge of $6 per box for retrieval from storage.

Additional costs may apply for transportation, handling, and storage with another provider.

Due to the volume of records currently in storage, relocating the records to another storage provider would also require significant administrative coordination and tracking to ensure records are properly accounted for and maintained throughout the transition. A large-scale relocation could increase the risk of records being misplaced, damaged, or otherwise becoming difficult to locate, which could affect the City’s ability to comply with applicable records retention requirements and respond to public records requests, audits, litigation, or other official needs.

Continuing to utilize the existing storage arrangement provides the City with continuity of service and avoids the immediate costs and administrative burden associated with relocating the City's existing records inventory.

Findings
Pursuant to Stockton Municipal Code (SMC) section 3.68.070, the Council may approve findings supporting an exception to the competitive bidding requirements when applicable criteria are met.

The following finding supports the proposed use of the County of Fresno Agreement:

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1. The County of Fresno Agreement was competitively procured and provides a piggyback purchasing mechanism that allows participating public agencies to obtain goods and services under established terms and conditions.

2. Utilization of the County of Fresno Agreement is in the best interest of the City because the platform provides access to on-site and off-site confidential document shredding, information media destruction, and document storage services without requiring the City to conduct a separate competitive procurement process.

3. The County of Fresno Agreement provides an efficient and cost-effective means of obtaining the required document shredding, information media destruction, and storage services while maintaining continuity of service and avoiding the administrative costs and potential disruption associated with transitioning the City’s existing records inventory to a new service provider.

Based on these findings, the proposed use of the County of Fresno Agreement is consistent with the City's procurement requirements and applicable piggyback purchasing authority.

FINANCIAL SUMMARY
The proposed agreement establishes a total not-to-exceed amount of $350,000.00 over a two-andone-half (2 1/2)-year term. Expenditures will be based on actual shredding, information media destruction, document retrieval, and storage needs and will be charged to the appropriate department accounts.

Current funding is available within department budgets. Future funding will be requested and appropriated through the City's annual department budget process.

Attachment A - Pacific Storage Piggyback Agreement
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1 (Rev. 3.13.2026)

COOPERATIVE/PIGGYBACK PURCHASE AGREEMENT
AGREEMENT SUMMARY:

1. Cooperative/Piggyback
Name:

2. Contractor:

3. Cooperative Agency
Agreement Name and
Agreement Number:

4. Cooperative Agency Initial
Agreement Term:

5. Cooperative Agency’s
Agreement-Options to
extend:

6. Cooperative Agency
Amended Term:

7. Cooperative Agency
Remaining Options to
Renew:

8. City of Stockton
Cooperative Purchase
Agreement Term:

9. City of Stockton
Cooperative/ Piggyback
Purchase Agreement
Amount:

ATTACHMENT A
172
2 (Rev. 3.13.2026)

AGREEMENT
The City of Stockton, a California municipal corporation on behalf of itself and its associated entities ("City"), and the above-named Contractor (“Contractor”), do hereby agree that City shall be granted the pricing, terms, and conditions under the above referenced
(“COOP”) as such may be amended from time to time. The COOP and associated documents referenced in the agreement are incorporated herein as Exhibit A to this City Cooperative/Piggyback Purchase Agreement (“Agreement”).

Contractor shall grant such pricing, terms, and conditions to City for all procurements of goods and services, whether taking place on a City purchase order, purchasing card (credit card), or other purchasing modality, whether via telephone, via the Contractor website, or via direct purchase at a Contractor retail location.

1. Agreement Term: The Term of this Agreement shall remain in effect from date of the signing of this Agreement through
unless terminated earlier by the City.

2. Insurance and Hold Harmless: In addition to the pricing, terms and conditions stated in the COOP and the associated documents incorporated herein as Exhibit A, Contractor shall, at Contractor’s sole cost and expense and for the full term of the Agreement or any extension thereof, obtain and maintain at least all the insurance requirements listed in attached Exhibit B.

To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in the agreement, except such loss or damage which was caused by the sole negligence or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this Agreement. These obligations shall survive the completion or termination of this Agreement.

3. Compensation: City and Contractor do hereby enter into this Agreement for available in the above-named COOP and associated documents incorporated herein as Exhibit A and referenced in the attached quote Exhibit C. In no way, shall payment to the Contractor during the term of this Agreement exceed for the purchase of
Any person signing this Agreement on behalf of City or Contractor does warrants that he or she has full authority to do so.

ATTACHMENT A
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3 4. 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.

5. Applicable Law. 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.

6. Special Funding. If Special Funding is applicable, Exhibit D – Special Funding Terms & Conditions are incorporated herein.

This Agreement may be amended only by a written amendment, consistent with the COOP, signed by Contractor and City.

CITY OF STOCKTON CONTRACTOR NAME.

By: __________________________
Signature
____________________________
Print name
Title: ________________________
[If Contractor is a corporation, signatures must
comply with Corporations Code §313]
By: __________________________
Signature
Johnny Ford, City Manager
Date:____________________
ATTEST:
____________________________
Katherine Roland, CMC, CPMC, City Clerk
APPROVED AS TO FORM:
___________________________
Dan Larkin, Interim City Attorney
__________________________
Print name
(Rev. 3.13.2026)
Title: _______________________

ATTACHMENT A
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EXHIBIT A
County of Fresno Agreement No. 24-104

ATTACHMENT A
175
Agreement No. 24- 104
1 SERVICE AGREEMENT
2 This Service Agreement (" Agreement") is dated March 5, 2024 and is between 3 Pacific Storage Company, a California corporation (" Contractor"), and the County of Fresno, a 4 political subdivision of the State of California (" County"). 5 Recitals
6 A. The County has need for countywide confidential document shredding and information 7 media destruction services.
8 B. On November 29, 2023, the County issued a Request for Quotation ( RFQ) No. 24- 026 9 for confidential document shredding and information media destruction services. The RFQ 10 closed on December 22, 2023, and the Contractor submitted the lowest overall bid for the 11 requested services throughout the projected term. The RFQ and Contractor' s Response to the 12 RFQ are incorporated herein by reference.
13 C. The County desires to engage the Contractor to perform confidential document 14 shredding and information media destruction services. The Contractor is qualified and willing to 15 perform these services as described in this Agreement. 16 The parties therefore agree as follows:
17 Article 1
18 Contractor' s Services
19 1. 1 Scope of Services. The Contractor shall perform all of the services provided in 20 Exhibit A to this Agreement.
21 1. 2 Representation. The Contractor represents that it is qualified, ready, willing, and 22 able to perform all of the services provided in this Agreement. 23 1. 3 Compliance with Laws. The Contractor shall, at its own cost, comply with all 24 applicable federal, state, and local laws and regulations in the performance of its obligations 25 under this Agreement, including but not limited to workers compensation, labor, and 26 confidentiality laws and regulations.
27 1. 4 Data Security. The Contractor will follow present practices as outlined in Exhibit F. 28 1

ATTACHMENT A
176
1 1. 5 HIPPA Compliance. The Contractor will follow present practices as outlined in 2 Exhibit G.
3 1. 6 Hostage Situations. The Contractor will follow present practices as outlined in 4 Exhibit H.
5 1. 7 Background Check and ID Badges. The Contractor will follow present practices as 6 outlined in Exhibit I.
7 Article 2
8 County' s Responsibilities
9 2. 1 The County shall provide a County representative to represent the County and who 10 will serve as a point of contact for the Contractor in the fulfillment of its duties under this 11 Agreement with the County. The County Representative will be the County Internal Services 12 Department' s Facility Services Manager, and/ or their designees. The Contractor shall provide a 13 contact person to the County Representative upon execution of this Agreement. 14 2. 2 The County shall provide the Contractor with a list of all of the County facilities to be 15 serviced by the Contractor under this Agreement, which shall further specify the particular 16 department and/ or the division of the County to which the services for each such facility shall be 17 billed.
18 2. 3 The County shall provide the Contractor with the following information when 19 requesting service:
20 A) The Department, Division, and/or program name.
21 B) Contact person and telephone number.
22 C) Address of the location in need of container collection. 23 All of the aforementioned information will also be included in the Schedule of 24 Services located in Exhibit E.
25 2. 4 The County's departments shall place only confidential paper documents, such as 26 criminal records, photographs, arrest reports, case histories, medical records, legal documents, 27 etc. in the collection containers provided by the Contractor. 28 2

ATTACHMENT A
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1 Article 3
2 Compensation, Invoices, and Payments
3 3. 1 The County agrees to pay, and the Contractor agrees to receive, compensation for 4 the performance of its services under this Agreement as described in Exhibit B to this 5 Agreement.
6 3. 2 Maximum Compensation. The maximum compensation payable to the Contractor 7 under this Agreement for the first year is $ 201, 520. The maximum compensation payable to the 8 Contractor under this Agreement for the second year is $ 131, 940. The maximum compensation 9 payable to the Contractor under this Agreement for the third year is $ 131, 940. The total 10 maximum compensation payable to the Contractor in the initial three- year term is $ 465, 400. In 11 the event this Agreement is extended for its first optional one- year extension (" Year 4"), if any, 12 this maximum shall increase by $ 149, 988. Upon utilization of the final one- year extension (" Year 13 5"), if any, this maximum shall increase by an additional $ 149, 988. The total maximum 14 compensation payable to the Contractor under this Agreement is $ 765,376 for the entire 15 potential five- year term as set forth in Exhibit B. In the event the total maximum compensation 16 amount for each year is not fully expended, the remaining unspent funding amounts shall roll 17 over to each subsequent term' s established maximum compensation. 18 The Contractor acknowledges that the County is a local government entity, and does so with 19 notice that the County' s powers are limited by the California Constitution and by State law, and 20 with notice that the Contractor may receive compensation under this Agreement only for 21 services performed according to the terms of this Agreement and while this Agreement is in 22 effect, and subject to the maximum amount payable under this section. The Contractor further 23 acknowledges that County employees have no authority to pay the Contractor except as 24 expressly provided in this Agreement.
25 3. 3 Invoices. The Contractor shall submit monthly invoices referencing the provided 26 agreement number, organization number, and the department that received services to the 27 County of Fresno, Internal Services Department, Attention: Business Office, 333 W. Pontiac 28 Way, Clovis, CA 93612, isdcontracts( a)fresnocountyca. go, . The Contractor shall submit each 3 ATTACHMENT A
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1 invoice within 60 days after the month in which the Contractor performs services and in any 2 case within 60 days after the end of the term or termination of this Agreement. 3 3. 4 Payment. The County shall pay each correctly completed and timely submitted 4 invoice within 45 days after receipt. The County shall remit any payment to the Contractor' s 5 address specified in the invoice.
6 3. 5 Incidental Expenses. The Contractor is solely responsible for all of its costs and 7 expenses that are not specified as payable by the County under this Agreement. 8 Article 4
9 Term of Agreement
10 4. 1 Term. This Agreement is effective on March 12, 2024 and terminates on March 11, 11 2027, except as provided in section 4. 2, " Extension," or Article 6, " Termination and Suspension," 12 below.
13 4. 2 Extension. The term of this Agreement may be extended for no more than two, one14 year periods only upon written approval of both parties at least 30 days before the first day of 15 the next one- year extension period. The Director of Internal Services/ Chief Information Officer 16 or his or her designee is authorized to sign the written approval on behalf of the County based 17 on the Contractor' s satisfactory performance. The extension of this Agreement by the County is 18 not a waiver or compromise of any default or breach of this Agreement by the Contractor 19 existing at the time of the extension whether or not known to the County. 20 Article 5
21 Notices
22 5. 1 Contact Information. The persons and their addresses having authority to give and 23 receive notices provided for or permitted under this Agreement include the following:
24 For the County:
25 Director of Internal Services/ Chief Information Officer County of Fresno
26 333 W. Pontiac Way
Clovis, CA 93612
27 isdcontracts( a)fresnocountyca. gov
28 For the Contractor:

Manager
4 ATTACHMENT A
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1 Dallin Woodruff
4315 W Santa Ana Ave
2 Fresno, CA 93722
doodruff@pacific- records. com
3 5. 2 Change of Contact Information. Either party may change the information in section 4 5. 1 by giving notice as provided in section 5. 3.
5 5. 3 Method of Delivery. Each notice between the County and the Contractor provided 6 for or permitted under this Agreement must be in writing, state that it is a notice provided under 7 this Agreement, and be delivered either by personal service, by first-class United States mail, by 8 an overnight commercial courier service, or by Portable Document Format (PDF) document 9 attached to an email.
10 A) A notice delivered by personal service is effective upon service to the recipient. 11 B) A notice delivered by first-class United States mail is effective three County 12 business days after deposit in the United States mail, postage prepaid, addressed to the 13 recipient.
14 C) A notice delivered by an overnight commercial courier service is effective one 15 County business day after deposit with the overnight commercial courier service, 16 delivery fees prepaid, with delivery instructions given for next day delivery, addressed to 17 the recipient.
18 D) A notice delivered by PDF document attached to an email is effective when 19 transmission to the recipient is completed ( but, if such transmission is completed outside 20 of County business hours, then such delivery is deemed to be effective at the next 21 beginning of a County business day), provided that the sender maintains a machine 22 record of the completed transmission.
23 5. 4 Claims Presentation. For all claims arising from or related to this Agreement, 24 nothing in this Agreement establishes, waives, or modifies any claims presentation 25 requirements or procedures provided by law, including the Government Claims Act ( Division 3. 6 26 of Title 1 of the Government Code, beginning with section 810). 27 28
5 ATTACHMENT A
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1 Article 6
2 Termination and Suspension
3 6. 1 Termination for Non-Allocation of Funds. The terms of this Agreement are 4 contingent on the approval of funds by the appropriating government agency. If sufficient funds 5 are not allocated, then the County, upon at least 30 days' advance written notice to the 6 Contractor, may:
7 A) Modify the services provided by the Contractor under this Agreement; or 8 B) Terminate this Agreement.
9 6. 2 Termination for Breach.
10 A) Upon determining that a breach ( as defined in paragraph ( C) below) has 11 occurred, the County may give written notice of the breach to the Contractor. The written 12 notice may suspend performance under this Agreement, and must provide at least 30 13 days for the Contractor to cure the breach.
14 B) If the Contractor fails to cure the breach to the County' s satisfaction within the 15 time stated in the written notice, the County may terminate this Agreement immediately. 16 C) For purposes of this section, a breach occurs when, in the determination of the 17 County, the Contractor has:
18 1) Obtained or used funds illegally or improperly;
19 2) Failed to comply with any part of this Agreement; 20 3) Submitted a substantially incorrect or incomplete report to the County; or 21 4) Improperly performed any of its obligations under this Agreement. 22 6. 3 Termination without Cause. In circumstances other than those set forth above, the 23 County may terminate this Agreement by giving at least 30 days advance written notice to the 24 Contractor.
25 6. 4 No Penalty or Further Obligation. Any termination of this Agreement by the County 26 under this Article 6 is without penalty to or further obligation of the County. 27 6. 5 County' s Rights upon Termination. Upon termination for breach under this Article 28 6, the County may demand repayment by the Contractor of any monies disbursed to the 6 ATTACHMENT A
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1 Contractor under this Agreement that, in the County' s sole judgment, were not expended in 2 compliance with this Agreement. The Contractor shall promptly refund all such monies upon 3 demand. This section survives the termination of this Agreement. 4 Article 7
5 Independent Contractor
6 7. 1 Status. In performing under this Agreement, the Contractor, including its officers, 7 agents, employees, and volunteers, is at all times acting and performing as an independent 8 contractor, in an independent capacity, and not as an officer, agent, servant, employee, joint 9 venturer, partner, or associate of the County.
10 7. 2 Verifying Performance. The County has no right to control, supervise, or direct the 11 manner or method of the Contractor' s performance under this Agreement, but the County may 12 verify that the Contractor is performing according to the terms of this Agreement. 13 7. 3 Benefits. Because of its status as an independent contractor, the Contractor has no 14 right to employment rights or benefits available to County employees. The Contractor is solely 15 responsible for providing to its own employees all employee benefits required by law. The 16 Contractor shall save the County harmless from all matters relating to the payment of the 17 Contractor' s employees, including compliance with Social Security withholding and all related 18 regulations.
19 7. 4 Services to Others. The parties acknowledge that, during the term of this 20 Agreement, the Contractor may provide services to others unrelated to the County. 21 Article 8
22 Indemnity and Defense
23 8. 1 Indemnity. The Contractor shall indemnify and hold harmless and defend the 24 County ( including its officers, agents, employees, and volunteers) against all claims, demands, 25 injuries, damages, costs, expenses ( including attorney fees and costs), fines, penalties, and 26 liabilities of any kind to the County, the Contractor, or any third party that arise from or relate to 27 the performance or failure to perform by the Contractor (or any of its officers, agents, 28 subcontractors, or employees) under this Agreement. The County may conduct or participate in 7 ATTACHMENT A
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1 its own defense without affecting the Contractor's obligation to indemnify and hold harmless or 2 defend the County.
3 8. 2 Survival. This Article 8 survives the termination of this Agreement. 4 Article 9
5 Insurance
6 9. 1 The Contractor shall comply with all the insurance requirements in Exhibit D to this 7 Agreement.
8 Article 10
9 Inspections, Audits, and Public Records
10 10. 1 Inspection of Documents. The Contractor shall make available to the County, and 11 the County may examine at any time during business hours and as often as the County deems 12 necessary, all of the Contractor' s records and data with respect to the matters covered by this 13 Agreement, excluding attorney- client privileged communications. The Contractor shall, upon 14 request by the County, permit the County to audit and inspect all of such records and data to 15 ensure the Contractor' s compliance with the terms of this Agreement. 16 10. 2 State Audit Requirements. If the compensation to be paid by the County under this 17 Agreement exceeds $ 10, 000, the Contractor is subject to the examination and audit of the 18 California State Auditor, as provided in Government Code section 8546. 7, for a period of three 19 years after final payment under this Agreement. This section survives the termination of this 20 Agreement.
21 10. 3 Public Records. The County is not limited in any manner with respect to its public 22 disclosure of this Agreement or any record or data that the Contractor may provide to the 23 County. The County' s public disclosure of this Agreement or any record or data that the 24 Contractor may provide to the County may include but is not limited to the following:
25 A) The County may voluntarily, or upon request by any member of the public or 26 governmental agency, disclose this Agreement to the public or such governmental 27 agency.
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1 B) The County may voluntarily, or upon request by any member of the public or 2 governmental agency, disclose to the public or such governmental agency any record or 3 data that the Contractor may provide to the County, unless such disclosure is prohibited 4 by court order.
5 C) This Agreement, and any record or data that the Contractor may provide to the 6 County, is subject to public disclosure under the Ralph M. Brown Act (California 7 Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with section 54950). 8 D) This Agreement, and any record or data that the Contractor may provide to the 9 County, is subject to public disclosure as a public record under the California Public 10 Records Act ( California Government Code, Title 1, Division 10, Chapter 3, beginning 11 with section 7920. 200) (" CPRA").
12 E) This Agreement, and any record or data that the Contractor may provide to the 13 County, is subject to public disclosure as information concerning the conduct of the 14 people' s business of the State of California under California Constitution, Article 1, 15 section 3, subdivision ( b).
16 F) Any marking of confidentiality or restricted access upon or otherwise made with 17 respect to any record or data that the Contractor may provide to the County shall be 18 disregarded and have no effect on the County' s right or duty to disclose to the public or 19 governmental agency any such record or data.
20 10. 4 Public Records Act Requests. If the County receives a written or oral request 21 under the CPRA to publicly disclose any record that is in the Contractor' s possession or control, 22 and which the County has a right, under any provision of this Agreement or applicable law, to 23 possess or control, then the County may demand, in writing, that the Contractor deliver to the 24 County, for purposes of public disclosure, the requested records that may be in the possession 25 or control of the Contractor. Within five business days after the County' s demand, the 26 Contractor shall ( a) deliver to the County all of the requested records that are in the Contractor's 27 possession or control, together with a written statement that the Contractor, after conducting a 28 diligent search, has produced all requested records that are in the Contractor's possession or 9 ATTACHMENT A
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1 control, or ( b) provide to the County a written statement that the Contractor, after conducting a 2 diligent search, does not possess or control any of the requested records. The Contractor shall 3 cooperate with the County with respect to any County demand for such records. If the 4 Contractor wishes to assert that any specific record or data is exempt from disclosure under the 5 CPRA or other applicable law, it must deliver the record or data to the County and assert the 6 exemption by citation to specific legal authority within the written statement that it provides to 7 the County under this section. The Contractor's assertion of any exemption from disclosure is 8 not binding on the County, but the County will give at least 10 days' advance written notice to 9 the Contractor before disclosing any record subject to the Contractor' s assertion of exemption 10 from disclosure. The Contractor shall indemnify the County for any court-ordered award of costs 11 or attorney' s fees under the CPRA that results from the Contractor' s delay, claim of exemption, 12 failure to produce any such records, or failure to cooperate with the County with respect to any 13 County demand for any such records.
14 Article 11
15 Disclosure of Self-Dealing Transactions
16 11. 1 Applicability. This Article 11 applies if the Contractor is operating as a corporation 17 or changes its status to operate as a corporation.
18 11. 2 Duty to Disclose. If any member of the Contractor' s board of directors is party to a 19 self-dealing transaction, he or she shall disclose the transaction by completing and signing a 20 " Self-Dealing Transaction Disclosure Form" ( Exhibit C to this Agreement) and submitting it to 21 the County before commencing the transaction or immediately after. 22 11. 3 Definition. " Self-dealing transaction" means a transaction to which the Contractor is 23 a party and in which one or more of its directors, as an individual, has a material financial 24 interest.
25 Article 12
26 General Terms
27 12. 1 Modification. Except as provided in Article 6, " Termination and Suspension," this 28 Agreement may not be modified, and no waiver is effective, except by written agreement signed 10 ATTACHMENT A
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1 by both parties. The Contractor acknowledges that County employees have no authority to 2 modify this Agreement except as expressly provided in this Agreement. 3 12. 2 Non- Assignment. Neither party may assign its rights or delegate its obligations 4 under this Agreement without the prior written consent of the other party. 5 12. 3 Governing Law. The laws of the State of California govern all matters arising from 6 or related to this Agreement.
7 12. 4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno 8 County, California. The Contractor consents to California jurisdiction for actions arising from or 9 related to this Agreement, and, subject to the Government Claims Act, all such actions must be 10 brought and maintained in Fresno County.
11 12. 5 Construction. The final form of this Agreement is the result of the parties' combined 12 efforts. If anything in this Agreement is found by a court of competent jurisdiction to be 13 ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement 14 against either party.
15 12. 6 Days. Unless otherwise specified, " days" means calendar days. 16 12. 7 Headings. The headings and section titles in this Agreement are for convenience 17 only and are not part of this Agreement.
18 12. 8 Severability. If anything in this Agreement is found by a court of competent 19 jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in 20 effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of 21 this Agreement with lawful and enforceable terms intended to accomplish the parties' original 22 intent.
23 12. 9 Nondiscrimination. During the performance of this Agreement, the Contractor shall 24 not unlawfully discriminate against any employee or applicant for employment, or recipient of 25 services, because of race, religious creed, color, national origin, ancestry, physical disability, 26 mental disability, medical condition, genetic information, marital status, sex, gender, gender 27 identity, gender expression, age, sexual orientation, military status or veteran status pursuant to 28 all applicable State of California and federal statutes and regulation. 11 ATTACHMENT A
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1 12. 10 No Waiver. Payment, waiver, or discharge by the County of any liability or obligation 2 of the Contractor under this Agreement on any one or more occasions is not a waiver of 3 performance of any continuing or other obligation of the Contractor and does not prohibit 4 enforcement by the County of any obligation on any other occasion. 5 12. 11 Entire Agreement. This Agreement, including its exhibits, is the entire agreement 6 between the Contractor and the County with respect to the subject matter of this Agreement, 7 and it supersedes all previous negotiations, proposals, commitments, writings, advertisements, 8 publications, and understandings of any nature unless those things are expressly included in 9 this Agreement. If there is any inconsistency between the terms of this Agreement without its 10 exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving 11 precedence first to the terms of this Agreement without its exhibits, and then to the terms of the 12 exhibits.
13 12. 12 No Third-Party Beneficiaries. This Agreement does not and is not intended to 14 create any rights or obligations for any person or entity except for the parties. 15 12. 13 Authorized Signature. The Contractor represents and warrants to the County that:
16 A) The Contractor is duly authorized and empowered to sign and perform its 17 obligations under this Agreement.
18 12. 14 The individual signing this Agreement on behalf of the Contractor is duly authorized 19 to do so and his or her signature on this Agreement legally binds the Contractor to the terms of 20 this Agreement.
21 12. 15 Electronic Signatures. The parties agree that this Agreement may be executed by 22 electronic signature as provided in this section.
23 A) An " electronic signature" means any symbol or process intended by an individual 24 signing this Agreement to represent their signature, including but not limited to ( 1) a 25 digital signature; ( 2) a faxed version of an original handwritten signature; or ( 3) an 26 electronically scanned and transmitted (for example by PDF document) version of an 27 original handwritten signature.
28 12

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1 B) Each electronic signature affixed or attached to this Agreement ( 1) is deemed 2 equivalent to a valid original handwritten signature of the person signing this Agreement 3 for all purposes, including but not limited to evidentiary proof in any administrative or 4 judicial proceeding, and ( 2) has the same force and effect as the valid original 5 handwritten signature of that person.
6 C) The provisions of this section satisfy the requirements of Civil Code section 7 1633. 5, subdivision ( b), in the Uniform Electronic Transaction Act ( Civil Code, Division 3, 8 Part 2, Title 2. 5, beginning with section 1633. 1).
9 D) Each party using a digital signature represents that it has undertaken and 10 satisfied the requirements of Government Code section 16. 5, subdivision ( a), 11 paragraphs ( 1) through ( 5), and agrees that each other party may rely upon that 12 representation.
13 E) This Agreement is not conditioned upon the parties conducting the transactions 14 under it by electronic means and either party may sign this Agreement with an original 15 handwritten signature.
16 12. 16 Counterparts. This Agreement may be signed in counterparts, each of which is an 17 original, and all of which together constitute this Agreement. 18 SIGNATURE PAGE FOLLOWS]
19 20
21 22
23 24
25 26
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13 ATTACHMENT A
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I The parties are signing this Agreement on the date stated in the introductory clause. 2 Pacific Storage Company COUNTY OF FRESNO
3 4
5 Wory J, fru r. Presiden Tt CEO Nathan Mags' ig, Chairman of the Board of PO Box 334 Supervisors of the County of Fresno
6 Stockton, CA 95201
Attest:
7 Bernice E. Seidel
Clerk of the Board of Supervisors
8 County of Fresno. State of California
9 By:
10 Deputy
11 For accounting use only:
12 Org No.: 8905
Account No.: 7295
13 Fund No.: 1020
Subclass No.: 10000
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 14

ATTACHMENT A
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Exhibit A
1 Scope of Services
2 Upon a regular basis, as established and defined in the schedule table below, the 3 Contractor will provide on- site and off-site confidential document shredding and information 4 media destruction services.
5 The types of paper to be shredded include, but are not limited to:
6 Computer paper
7 Mixed paper ( with ACCO fasteners, staples, paper clips, plastic, etc.) 8 Confidential criminal and health records, including used, unwanted manila 9 folders, crime photos, arrest reports, used ballots, election materials, and 10 assorted paper forms.
11 Photographs, checks, arrest reports, case histories, medical records, legal 12 documents.
13 Other paper types.
14 The types of information media to be destroyed include, but are limited to:
15 Hard drives
16 0 CD' s/ DVD' s
17 USB drives
18 Zip disks
19 Microfiche/ microfilm
20 Cell phones
21 Pagers
22 Tablets
23 SSD' s
24 Building Entry Cards
25 Employee ID Badges
26 SD Cards
27 Other Information media items
28 A- 1

ATTACHMENT A
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Exhibit B
1 Compensation
2 The Contractor will be compensated for performance of its services under this 3 Agreement as provided in this Exhibit B. The Contractor is not entitled to any compensation 4 except as expressly provided in this Exhibit B.
5 6 YEAR ANNUALCOST
7 YEAR 1: 03/ 12/ 2024- 03/ 11/ 2025 131, 940
8 YEAR 2: 03/ 12/ 2025- 03/ 11/ 2026 131, 940
9 YEAR 3: 03/ 12/ 2026- 03/ 11/ 2027 131, 940
10 YEAR 4: 03/ 12/ 2027- 03/ 11/ 2028 149, 988
11 YEAR 5: 03/ 12/ 2027- 03/ 11/ 2028 149, 988
12 13 Any services over the maximum 23, 000 items per year will be subject to Pacific Storage 14 Company' s overage fee. After 20, 000 paper items there will be a charge of$ 10 per item. 15 After 3, 000 assorted media items there will be a charge of$ 8 per item. A 10% buffer will 16 be added to the first year of this contract to account for any potential overage cost and 17 any unspent funding amounts shall roll over into each subsequent year' s established 18 compensation and shall only be utilized as needed for overage charges. 19 20
21 22
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ATTACHMENT A
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Exhibit C
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno (" County"), members of a contractor' s board of directors (" County Contractor"), must disclose any self-dealing transactions that they are a party to while providing goods, performing services, or both for the County. A self-dealing transaction is defined below:

A self-dealing transaction means a transaction to which the corporation is a party and in which one or more of its directors has a material financial interest." The definition above will be used for purposes of completing this disclosure form.

Instructions
1) Enter board member' s name, job title ( if applicable), and date this disclosure is being made.
2) Enter the board member's company/agency name and address. 3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the County. At a minimum, include a description of the following:
a. The name of the agency/ company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation' s transaction that the board member has.
4) Describe in detail why the self-dealing transaction is appropriate based on applicable provisions of the Corporations Code.

The form must be signed by the board member that is involved in the self-dealing transaction described in Sections ( 3) and ( 4).

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ATTACHMENT A
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Exhibit C
1) Company Board Member Information:

Name: Date:

Job Title:
2) Company/ Agency Name and Address:
3) Disclosure (Please describe the nature of the self-dealing transaction you are a party to)
4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code § 5233 ( a)
5) Authorized Signature
Signature: Date:

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ATTACHMENT A
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Exhibit D
Insurance Requirements

1. Required Policies
Without limiting the County' s right to obtain indemnification from the Contractor or any third parties, the Contractor, at its sole expense, shall maintain in full force and effect the following insurance policies throughout the term of this Agreement.

A) Commercial General Liability. Commercial general liability insurance with limits of not less than Two Million Dollars ($ 2, 000, 000) per occurrence and an annual aggregate of Four Million Dollars ($ 4, 000, 000). This policy must be issued on a per occurrence basis.

Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. The Contractor shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by the County is excess only and not contributing with insurance provided under the Contractor' s policy.

B) Automobile Liability. Automobile liability insurance with limits of not less than One Million Dollars ($ 1, 000, 000) per occurrence for bodily injury and for property damages.

Coverage must include any auto used in connection with this Agreement.

C) Workers Compensation. Workers compensation insurance as required by the laws of the State of California with statutory limits.

D) Employer' s Liability. Employer' s liability insurance with limits of not less than One Million Dollars ($ 1, 000, 000) per occurrence for bodily injury and for disease.

E) Professional Liability. Professional liability insurance with limits of not less than One Million Dollars ($ 1, 000, 000) per occurrence and an annual aggregate of Three Million Dollars ($ 3, 000, 000). If this is a claims- made policy, then ( 1) the retroactive date must be prior to the date on which services began under this Agreement; ( 2) the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and ( 3) if the policy is canceled or not renewed, and not replaced with another claims- made policy with a retroactive date prior to the date on which services begin under this Agreement, then the Contractor shall purchase extended reporting coverage on its claims- made policy for a minimum of five years after completion of services under this Agreement F) Technology Professional Liability (Errors and Omissions). Technology professional liability ( errors and omissions) insurance with limits of not less than One Million Dollars 1, 000, 000) per occurrence and in the aggregate. Coverage must encompass all of the Contractor's obligations under this Agreement, including but not limited to claims involving Cyber Risks.

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ATTACHMENT A
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Exhibit D
G) Cyber Liability. Cyber liability insurance with limits of not less than Two Million Dollars 2, 000,000) per occurrence. Coverage must include claims involving Cyber Risks. The cyber liability policy must be endorsed to cover the full replacement value of damage to, alteration of, loss of, or destruction of intangible property (including but not limited to information or data) that is in the care, custody, or control of the Contractor.

Definition of Cyber Risks. " Cyber Risks" include but are not limited to ( i) Security Breach, which may include Disclosure of Personal Information to an Unauthorized Third Party; ( ii) data breach; ( iii) breach of any of the Contractor's obligations under Exhibit F of this Agreement; ( iv) system failure; ( v) data recovery; ( vi) failure to timely disclose data breach or Security Breach; ( vii) failure to comply with privacy policy; ( viii) payment card liabilities and costs; ( ix) infringement of intellectual property, including but not limited to infringement of copyright, trademark, and trade dress; ( x) invasion of privacy, including release of private information; ( xi) information theft; ( xii) damage to or destruction or alteration of electronic information; ( xiii) cyber extortion; ( xiv) extortion related to the Contractor' s obligations under this Agreement regarding electronic information, including Personal Information; ( xv) fraudulent instruction; ( xvi) funds transfer fraud; ( xvii) telephone fraud; ( xviii) network security; ( xix) data breach response costs, including Security Breach response costs; ( xx) regulatory fines and penalties related to the Contractor' s obligations under this Agreement regarding electronic information, including Personal Information; and ( xxi) credit monitoring expenses.

2. Additional Requirements
A) Verification of Coverage. Within 30 days after the Contractor signs this Agreement, and at any time during the term of this Agreement as requested by the County' s Risk Manager or the County Administrative Office, the Contractor shall deliver, or cause its broker or producer to deliver, to the County Risk Manager, at 2220 Tulare Street, 16th Floor, Fresno, California 93721, or and by
mail or email to the person identified to receive notices under this Agreement, certificates of insurance and endorsements for all of the coverages required under this Agreement.
i) Each insurance certificate must state that: ( 1) the insurance coverage has been obtained and is in full force; ( 2) the County, its officers, agents, employees, and volunteers are not responsible for any premiums on the policy; and ( 3) the Contractor has waived its right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under any insurance policy required by this Agreement and that waiver does not invalidate the insurance policy.
ii) The commercial general liability insurance certificate must also state, and include an endorsement, that the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, are additional insureds insofar as the operations under this Agreement are concerned. The commercial general liability insurance certificate must also state that the coverage shall apply as primary insurance and any other insurance, or self-insurance, maintained by the County D- 2

ATTACHMENT A
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Exhibit D
shall be excess only and not contributing with insurance provided under the Contractor' s policy.
iii) The automobile liability insurance certificate must state that the policy covers any auto used in connection with this Agreement.
iv) The professional liability insurance certificate, if it is a claims-made policy, must also state the retroactive date of the policy, which must be prior to the date on which services began under this Agreement.

B) Acceptability of Insurers. All insurance policies required under this Agreement must be issued by admitted insurers licensed to do business in the State of California and possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of no less than A: VI I.

C) Notice of Cancellation or Change. For each insurance policy required under this Agreement, the Contractor shall provide to the County, or ensure that the policy requires the insurer to provide to the County, written notice of any cancellation or change in the policy as required in this paragraph. For cancellation of the policy for nonpayment of premium, the Contractor shall, or shall cause the insurer to, provide written notice to the County not less than 10 days in advance of cancellation. For cancellation of the policy for any other reason, and for any other change to the policy, the Contractor shall, or shall cause the insurer to, provide written notice to the County not less than 30 days in advance of cancellation or change. The County in its sole discretion may determine that the failure of the Contractor or its insurer to timely provide a written notice required by this paragraph is a breach of this Agreement.

D) County' s Entitlement to Greater Coverage. If the Contractor has or obtains insurance with broader coverage, higher limits, or both, than what is required under this Agreement, then the County requires and is entitled to the broader coverage, higher limits, or both. To that end, the Contractor shall deliver, or cause its broker or producer to deliver, to the County' s Risk Manager certificates of insurance and endorsements for all of the coverages that have such broader coverage, higher limits, or both, as required under this Agreement.

E) Waiver of Subrogation. The Contractor waives any right to recover from the County, its officers, agents, employees, and volunteers any amounts paid under the policy of worker' s compensation insurance required by this Agreement. The Contractor is solely responsible to obtain any policy endorsement that may be necessary to accomplish that waiver, but the Contractor's waiver of subrogation under this paragraph is effective whether or not the Contractor obtains such an endorsement.

F) County' s Remedy for Contractor' s Failure to Maintain. If the Contractor fails to keep in effect at all times any insurance coverage required under this Agreement, the County may, in addition to any other remedies it may have, suspend or terminate this Agreement upon the occurrence of that failure, or purchase such insurance coverage, and charge the cost of that coverage to the Contractor. The County may offset such charges against any amounts owed by the County to the Contractor under this Agreement.

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ATTACHMENT A
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Exhibit D
G) Subcontractors. The Contractor shall require and verify that all subcontractors used by the Contractor to provide services under this Agreement maintain insurance meeting all insurance requirements provided in this Agreement. This paragraph does not authorize the Contractor to provide services under this Agreement using subcontractors.

D- 4

ATTACHMENT A
197
Exhibit E
Schedule of Services
ORG Department - Division Address Schedule C 64g 96g
0120 Administrative Office 2281 Tulare St. Rm. 304 Biweekly 1 Fresno, CA 93721
3430 Adult Probation - Winery 2212 N. Winery# 101 Weekly 5 Fresno, CA 93727
4010 Agriculture— Maple ( 1720) 1720 S. Maple Ave. Monthly 2 Fresno, CA 93702
4010 Agriculture— Maple ( 1730) 1730 S Maple Ave. Monthly 2 Fresno, CA 93702
0420 Assessor' s Office 2281 Tulare St. Rm 201 Weekly 4 Fresno, CA 93721
0410 Auditor' s# 104 2281 Tulare St. Rm 104 Biweekly 1
Fresno, CA 93721
0410 Auditor' s# 102 2281 Tulare St. Rm 102 Weekly 1
Fresno, CA 93721
0410 Auditor' s# 105 2281 Tulare St. Rm 105 Weekly 3
Fresno, CA 93721
0410 Auditor' s Basement# 5 2281 Tulare St. Rm 5 Weekly 1 Fresno, CA 93721
0410 Auditor' s Basement# 8 2281 Tulare St. Rm 8 Weekly 1 Fresno, CA 93721
3111 Children' s Mental Health 3333 E American Ave. Bldg 702 Monthly 1 Fresno, CA 93725
3111 Sheriff' s Office 3150 E Jefferson Ave. Every 8 2
Fresno, CA 93725 Weeks
3111 Sheriff Public Admin 3333 E. American Bldg 702 Biweekly 2 Fresno, CA 93725
2850 County Clerk- Records MGMT 4525 E. Hamilton Biweekly 4 Fresno, CA 93721
0710 County Counsel 2220 Tulare St. 5th FL Weekly 4
Fresno, CA 93721
5630 Behavioral Health - CMH Outpatient 3133 N. Millbrook Ave. Weekly 3 Fresno, CA 93703
5630 Behavioral Health - Finance & IT 4417 E. Inyo, Modular B Every 8 4 Fresno, CA 93702 Weeks
5630 Behavioral Health - Perinatal Program 142 E. California Ave. Rm 310 Biweekly 1 Fresno, CA 93706
5630 Behavioral Health - Public Guardian Office 4460 E. Huntington Ave Weekly 1 Fresno, CA 93706
5630 Behavioral Health- Substance Use 4411 E. Kings Canyon Bldg. Biweekly 1 319 Fresno, CA 93702
5110 Child Support Services - Family Support 2220 Tulare St( Multiple Floors) Weekly 12 Fresno CA, 93721
5610 Social Services - Coalinga 311 Coalinga Plaza Monthly 1 3 3 Coalinga, CA 93210
5610 Social Services Kerman 15180 W. Whitesbridge Monthly 1 4 Kerman, CA 93630
5610 Social Services - Modular D 4452 E. Kings Canyon Monthly 2 Fresno, CA 93702
E- 1

ATTACHMENT A
198
Exhibit E
5610 Social Services - Pelco Ad min 205 Pontiac Way Weekly 26 Clovis, CA 93612
5610 Social Services - Reedley Regional Center 1680 East Manning Biweekly 1 6 Reedley, CA 93654
5610 Social Services - Selma SouthEast Reg Center 3830 McCall Ave Monthly 1 7 Selma, CA 93662
5610 Social Services - Sunnyside 5693 E. Kings Canyon Weekly 1 9 Fresno, CA 93727
5610 Social Services - VSO 1320 E. Shaw Ave.# 105 Weekly 1 Fresno, CA 93710
5610 Social Services - W Fresno Reg Center 142 E. California Ave. Weekly 6 Fresno, CA 93706
2860 District Attorney ( Juvenile Dept) 3333 E. American Bldg. 701 Biweekly 2 Ste F Fresno, CA 93725
2850 Elections 2221 Kern St Biweekly 1
Fresno, CA 93721
8935 Facilities Services 4590 E. Kings Canyon Bldg. Monthly 1 348 Fresno, CA 93721
5610 DSS Adult Services - P. A. C. T. 4441 East Kings Canyon Weekly 7 Fresno, CA 93702
8905 Information Tech ( Pontiac) 333 W. Pontiac Way Monthly 6 Clovis, CA 93612
8970 Internal Services Security 2220 Tulare St. Plaza Level Weekly 1 Fresno, CA 93721
8845 Jail 1225 M St. Weekly 1
Fresno, CA 93721
8830 Juvenile Justice Campus Bldg 704 3333 E. American Ave. Bldg. Monthly 2 704 Fresno, CA 93725
8830 Juvenile Probation 3333 E. American Bldg. 701 Weekly 7 Fresno, CA 93725
1010 Personnel - Admin 2220 Tulare St 16th FL Monthly 1 Fresno, CA 93721
1010 Personnel - Employee Benefits 2220 Tulare St 14th FL Biweekly 2 Fresno, CA 93721
1010 Personnel - Employee Services 2220 Tulare St 14th FL Weekly 1 Fresno, CA 93721
1010 Personnel - Risk Management 2220 Tulare St 16th FL Monthly 1 Fresno, CA 93721
3430 Probation ( AB 109) 2171 N. Fine Ave. Biweekly 4
Fresno, CA 93727
3430 Probation ( Drug Suppression Unit) 2212 N. Winery Ste. 122 Biweekly 3 Fresno, CA 93703
3430 Probation ( Fine) 2048 N. Fine Ave. Weekly 4
Fresno, CA 93727
3430 Probation ( Superior Court Investigations) 2135 Fresno St, Suite 404 Weekly 2 Fresno, CA 93721
3430 Probation ( Yale) 4939 E. Yale Biweekly 1
Fresno, CA 93702
2880 Public Defender- American 3333 E. American Ave. Bldg. Every 3 1 701 Rm 134- E Weeks
Fresno, CA 93725
E- 2

ATTACHMENT A
199
Exhibit E
5620 Public Health - Admin 1221 Fulton Mall, Rm 626 Biweekly 1 Fresno, CA 93721
5620 Public Health - California Children' s Services 1221 Fulton Mall. 2nd Floor Weekly 3 Fresno, CA 93721
5620 Public Health - CCS/ Ginsburg Medical Therapy 67 E. Ashlan Ave. As- needed 1 Fresno, CA 93704
5620 Public Health - Clovis Medical Therapy Unit 1345 N. Peach Ave. Monthly 1 Clovis, CA 93619
5620 Public Health - CMS Storey MTU 2444 S. Peach Ave. Monthly 1 Fresno, CA 93725
5620 Public Health - Communicable Diseases- Epidemiology 1221 Fulton Mall. Rm 291 Biweekly 1 Fresno, CA 93721
5620 Public Health - Communicable Health TB Control 1221 Fulton Mall, Rm 160 Biweekly 1 Fresno, CA 93721
5620 Public Health - Community Health - SCIP/ CLASP/ DIS 1221 Fulton Mall Rm 1st Floor Biweekly 1 Fresno, CA 93721
5620 Public Health - Emergency Medical Services ( EMS) 1221 Fulton Mall, 5th Floor Monthly 1 Fresno, CA 93721
5620 Public Health - Environmental Health Systems 1221 Fulton Man, 3rd Floor Biweekly 2 Fresno, CA 93721
5620 Public Health - EPI Triage 1221 Fulton Mall, 2nd floor, Rm Monthly 1 267 Fresno, CA 93721
5620 Public Health - Health Dept ( CDPH) 1221 Fulton, Rm. 270 Weekly 2 Fresno, CA 93721
5620 Public Health - Lab 4525 E. Hamilton Ave, 2nd Monthly 2 Floor Fresno, CA 93702
5620 Public Health - Nursing 1221 Fulton Mall, 4th Floor Biweekly 1 Fresno, CA 93721
5620 142 E. California Ave. Weekly 1
Public Health - West Fresno Nursing Center Fresno, CA 93706 5620 1221 Fulton Mall, 1st Floor Biweekly 1
Public Health - Nursing Outreach Immunizations Fresno, CA 93721 5620 1221 Fulton Mall, Rm 360 Biweekly 1
Public Health - OPPC Fresno, CA 93721
5620 1221 Fulton Mall Rm 128 Every other 1
Public Health - Vital Statistics Fresno, CA 93721 Wednesday 4360 4553 E. Hamilton Monthly 1
Public Works- Construction Division Materials Lab Fresno, CA 93702 4360 2220 Tulare St. Ste B Weekly 2
Public Works- Roads & Maintenance Fresno, CA 93721
4360 2220 Tulare St. 8th Floor Biweekly 1
Public Works- Community Development Fresno, CA 93721
4360 2220 Tulare St. Suite A Weekly 3 3
Public Works- Development Services Ste A Fresno, CA 93721 4360 2220 Tulare St. Suite B Weekly 2
Public Works- Development Services Ste B Fresno, CA 93721 1048 2281 Tulare St. Rm 302 Biweekly 1
Recorder' s Office Fresno, CA 93721
9200 7772 N. Palm Ave. Weekly 2
Retirement Fresno, CA 93711
3111 Sheriffs Dept- Area 3 Substation 1055 S. Golden State Blvd. Monthly 2 E- 3

ATTACHMENT A
200
Exhibit E
Selma, CA 93662
3111 1129 N Armstrong Ave Monthly 2
Sheriff' s Dept- Area 2 Substation Fresno, CA 93727
3111 1130 O St Basement Biweekly 1
Sheriff' s Dept- Court Services ( O st) Fresno, CA 93721 3111 1100 Van Ness Avenue, Lobby Monthly 1
Sheriff' s Dept- Court Services ( Van Ness) Office Fresno, CA 93721 3111 1225 M St- 2nd FI Weekly 1
Sheriff' s Dept- Detention Admin Fresno, CA 93721
3111 1225 M St- 1 st FI Weekly 1
Sheriff' s Dept- Detention Facility Fresno, CA 93721
3111 2590 N. Grove Industrial Dr. Monthly 2
Sheriff' s Dept- Grove Fresno, CA 93727
3111 5849 E. Clinton Ave. Monthly 1
Sheriff' s Dept- H. E. A. T. Fresno, CA 93727
3111 2200 Fresno St. 2nd FI Rm Biweekly 2
Sheriff' s Dept- Internal Affairs 239 Fresno, CA 93721
3111 2510 S. East Ave. # 400 Weekly 1
Sheriff' s Dept- M. A. G. E. C. Fresno, CA 93706
3111 21925 W. Manning Every 12 2
Sheriff' s Dept- San Joaquin San Joaquin, CA 93660 Weeks 3111 110 M St Monthly 1
Sheriff' s Dept- Satellite Jail Fresno, CA 93721
3111 1256 Divisadero Monthly 2
Sheriff' s Dept- Training Unit Fresno, CA 93721
3111 2200 Fresno St 1st Floor Biweekly 2
Sheriff' s Dept- Records Fresno, CA 93721
3430 2220 Tulare St., Suite 1111 Biweekly 2
Victim Witness 11th FL) Fresno, CA 93721
7511 2420 Mariposa St Monthly 5
Fresno County Library Fresno, CA 93703
3111 770 E. Shaw Ave Suite 300 Weekly 2
Sheriff' s Office Fresno, CA 93710
5630 1925 E. Dakota Ave Weekly 8
Behavioral Health Fresno, CA 93726
5630 2719 N Air Fresno Drive Weekly 1
Mental Health - TAY Fresno, CA 93727
5610 3151 N Millbrook 1st Floor Weekly 3
Social Services - Heritage Center- 1st FL Fresno, CA 93703 5610 3151 N Millbrook 2nd Foor Biweekly 2
Social Services - Heritage Center- 2nd FL Fresno, CA 93703 8830 3333 E. American Ave Bldg 703 Biweekly 2
Juvenile Justice Campus Bldg 703 Fresno, CA 93725
8830 3333 E. American Ave Every 8 2
Juvenile Justice Campus Bldg 702 Fresno, CA 93725 Weeks 8830 Internal Services Department- Graphic Communication 844 Van Ness Avenue Monthly 2 Services Division Fresno, CA 93721
3111 2200 Fresno St Basement Biweekly 2
Sheriff' s Dept.- Communication Dispatch Fresno, CA 93721 3111 33155 Auberry Road Every 12 2
Sheriff' s Department- Auberry Auberry, CA 93602 Weeks
E- 4

ATTACHMENT A
201
Exhibit E
2860 2135 Fresno St, 2nd Floor Weekly 8
District Attorney/ Crocker Building Fresno, CA 93721
5630 1925 E Dakota Monthly 1
Behavioral Health/ 1925 1st flr Fresno, CA 93726
3430 2135 Fresno St Weekly 1
Fresno County Adult Probation Fresno, CA 93721
5610 3500 Never Forget Lane Weekly 2 35
Social Services - Clovis Bldg 1 Clovis, CA 93612
5620 770 E Shaw Ave, Suite 109 Monthly 1
Dept. Public Health - EMS Education Center Fresno, CA 93710 5610 250 W Pontiac Way Weekly 20
Social Services 250 Pontiac Clovis, CA 93612
2860 2100 Tulare St Weekly 8
Fresno County DA Floors 1- 6 Fresno, CA 93721
4360 2220 Tulare St, 6th FL Biweekly 4
Fresno County- Dept Public Works & Planning Fresno, CA 93721 5630 4447 E Kings Canyon Monthly 1
Behavioral Health/ 4447 - Mod E Fresno, CA 93702
5620 1510 W Dan Ronquillo Dr, # 1 Monthly 1
Fresno Co- Animal Shelter Fresno, CA 93706
5610 380 W Ashlan Weekly 25
DSS - Building 5 Clovis, CA 93612
3430 3333 E American Ave, Bldg 712 Monthly 1
JJC Warehouse Fresno, CA 93725
8910 4551 E Hamilton Ave Monthly 2
ISD- Fleet Services Fresno, CA 93702
E- 5

ATTACHMENT A
202
Exhibit F
Data Security
A. Definitions.

Capitalized terms used in this Exhibit F have the meanings set forth in this section A.

Authorized Employees" means the Contractor' s employees who have access to Personal Information.

Authorized Persons" means: ( i) any and all Authorized Employees; and ( ii) any and all of the Contractor' s subcontractors, representatives, agents, outsourcers, and consultants, and providers of professional services to the Contractor, who have access to Personal Information and are bound by law or in writing by confidentiality obligations sufficient to protect Personal Information in accordance with the terms of this Exhibit F.

Director" means the County' s Director of Internal Services/ Chief Information Officer or his or her designee.

Disclose" or any derivative of that word means to disclose, release, transfer, disseminate, or otherwise provide access to or communicate all or any part of any Personal Information orally, in writing, or by electronic or any other means to any person.

Person" means any natural person, corporation, partnership, limited liability company, firm, or association.

Personal Information" means any and all information, including any data provided, or to which access is provided, to the Contractor by or upon the authorization of the County, including but not limited to vital records, that: ( i) identifies, describes, or relates to, or is associated with, or is capable of being used to identify, describe, or relate to, or associate with, a person ( including, without limitation, names, physical descriptions, signatures, addresses, telephone numbers, e- mail addresses, education, financial matters, employment history, and other unique identifiers, as well as statements made by or attributable to the person); ( ii) is used or is capable of being used to authenticate a person ( including, without limitation, employee identification numbers, governmentissued identification numbers, passwords or personal identification numbers (PINs), financial account numbers, credit report information, answers to security questions, and other personal identifiers); or is personal information within the meaning of California Civil Code section 1798.3, F- 1

ATTACHMENT A
203
Exhibit F
subdivision ( a), or 1798. 80, subdivision ( e). Personal Information does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.

Privacy Practices Complaint" means a complaint received by the County relating to the Contractor' s ( or any Authorized Person' s) privacy practices, or alleging a Security Breach. Such complaint shall have sufficient detail to enable the Contractor to promptly investigate and take remedial action under this Exhibit F.

Security Safeguards" means physical, technical, administrative or organizational security procedures and practices put in place by the Contractor( or any Authorized Persons) that relate to the protection of the security, confidentiality, value, or integrity of Personal Information. Security Safeguards shall satisfy the minimal requirements set forth in subsection C.( 5) of this Exhibit F.

Security Breach" means ( i) any act or omission that compromises either the security, confidentiality, value, or integrity of any Personal Information or the Security Safeguards, or( ii) any unauthorized Use, Disclosure, or modification of, or any loss or destruction of, or any corruption of or damage to, any Personal Information.

Use" or any derivative thereof means to receive, acquire, collect, apply, manipulate, employ, process, transmit, disseminate, access, store, disclose, or dispose of Personal Information.

B. Standard of Care.
1) The Contractor acknowledges that, in the course of its engagement by the County under this Agreement, the Contractor, or any Authorized Persons, may Use Personal Information only as permitted in this Agreement.
2) The Contractor acknowledges that Personal Information is deemed to be confidential information of, or owned by, the County (or persons from whom the County receives or has received Personal Information) and is not confidential information of, or owned or by, the Contractor, or any Authorized Persons. The Contractor further acknowledges that all right, title, and interest in or to the Personal Information remains in the County (or persons from whom the County receives or has received Personal Information) regardless of the Contractor's, or any Authorized F- 2

ATTACHMENT A
204
Exhibit F
Person' s, Use of that Personal Information.
3) The Contractor agrees and covenants in favor of the County that the Contractor shall: ( i) keep and maintain all Personal Information in strict confidence, using such degree of care under this Subsection B as is reasonable and appropriate to avoid a Security Breach; ( ii) Use Personal Information exclusively for the purposes for which the Personal Information is made accessible to the Contractor pursuant to the terms of this Exhibit F; ( iii) not Use, Disclose, sell, rent, license, or otherwise make available Personal Information for the Contractor's own purposes or for the benefit of anyone other than the County, without the County's express prior written consent, which the County may give or withhold in its sole and absolute discretion; and (iv) not, directly or indirectly, Disclose Personal Information to any person ( an " Unauthorized Third Party") other than Authorized Persons pursuant to this Agreement, without the Director' s express prior written consent.

Notwithstanding the foregoing paragraph, in any case in which the Contractor believes it, or any Authorized Person, is required to disclose Personal Information to government regulatory authorities, or pursuant to a legal proceeding, or otherwise as may be required by applicable law, the Contractor shall ( a) immediately notify the County of the specific demand for, and legal authority for the disclosure, including providing the County with a copy of any notice, discovery demand, subpoena, or order, as applicable, received by the Contractor, or any Authorized Person, from any government regulatory authorities, or in relation to any legal proceeding, and ( b) promptly notify the County before such Personal Information is offered by the Contractor for such disclosure so that the County may have sufficient time to obtain a court order or take any other action the County may deem necessary to protect the Personal Information from such disclosure, and the Contractor shall cooperate with the County to minimize the scope of such disclosure of such Personal Information.

The Contractor shall remain liable to the County for the actions and omissions of any Unauthorized Third Party concerning its Use of such Personal Information as if they were the Contractor' s own actions and omissions.

C. Information Security.
1) The Contractor covenants, represents and warrants to the County that the Contractor's F- 3

ATTACHMENT A
205
Exhibit F
Use of Personal Information under this Agreement does and shall at all times comply with all federal, state, and local, privacy and data protection laws, as well as all other applicable regulations and directives, including but not limited to California Civil Code, Division 3, Part 4, Title 1. 81 beginning with section 1798. 80), and the Song- Beverly Credit Card Act of 1971 ( California Civil Code, Division 3, Part 4, Title 1. 3, beginning with section 1747). If the Contractor Uses credit, debit, or other payment cardholder information, the Contractor shall at all times remain in compliance with the Payment Card Industry Data Security Standard (" PCI DSS") requirements, including remaining aware at all times of changes to the PCI DSS and promptly implementing and maintaining all procedures and practices as may be necessary to remain in compliance with the PCI DSS, in each case, at the Contractor' s sole cost and expense.
2) The Contractor covenants, represents and warrants to the County that, as of the Effective Date, the Contractor has not received notice of any violation of any privacy or data protection laws, as well as any other applicable regulations or directives, and is not the subject of any pending legal action or investigation by, any government regulatory authority regarding same. 3) Without limiting the Contractor' s obligations under subsection C.( 1) of this Exhibit F, the Contractor' s ( or Authorized Person' s) Security Safeguards shall be no less rigorous than accepted industry practices and, at a minimum, include the following: ( i) limiting Use of Personal Information strictly to the Contractor' s and Authorized Persons' technical and administrative personnel who are necessary for the Contractor' s, or Authorized Persons', Use of the Personal Information pursuant to this Agreement; ( ii) ensuring that all of the Contractor' s connectivity to the County computing systems will only be through the County' s security gateways and firewalls, and only through security procedures approved upon the express prior written consent of the Director; ( iii) to the extent that they contain or provide access to Personal Information, ( a) securing the Contractor's business facilities, data centers, paper files, servers, back- up systems and computing equipment, operating systems, and software applications, including, but not limited to, all mobile devices and other equipment, operating systems, and software applications with information storage capability; b) employing adequate controls and data security measures with respect to the Contractor Facilities and Equipment), both internally and externally, to protect ( 1) the Personal Information F- 4

ATTACHMENT A
206
Exhibit F
from potential loss or misappropriation, or unauthorized Use, and ( 2) the County's operations from disruption and abuse; (c) having and maintaining network, device application, database and platform security; ( d) maintaining authentication and access controls within media, computing equipment, operating systems, and software applications; and ( e) installing and maintaining in all mobile, wireless, or handheld devices a secure internet connection, having continuously updated anti-virus software protection and a remote wipe feature always enabled, all of which is subject to express prior written consent of the Director; (iv) encrypting all Personal Information at advance encryption standards of Advanced Encryption Standards ( AES) of 128 bit or higher( a) stored on any mobile devices, including but not limited to hard disks, portable storage devices, or remote installation, or( b) transmitted over public or wireless networks ( the encrypted Personal Information must be subject to password or pass phrase, and be stored on a secure server and transferred by means of a Virtual Private Network (VPN) connection, or another type of secure connection, all of which is subject to express prior written consent of the Director); ( v) strictly segregating Personal Information from all other information of the Contractor, including any Authorized Person, or anyone with whom the Contractor or any Authorized Person deals so that Personal Information is not commingled with any other types of information; ( vi) having a patch management process including installation of all operating system/ software vendor security patches; ( vii) maintaining appropriate personnel security and integrity procedures and practices, including, but not limited to, conducting background checks of Authorized Employees consistent with applicable law; and ( viii) providing appropriate privacy and information security training to Authorized Employees. 4) During the term of each Authorized Employee' s employment by the Contractor, the Contractor shall cause such Authorized Employees to abide strictly by the Contractor' s obligations under this Exhibit F. The Contractor further agrees that it shall maintain a disciplinary process to address any unauthorized Use of Personal Information by any Authorized Employees. 5) The Contractor shall, in a secure manner, backup daily, or more frequently if it is the Contractor' s practice to do so more frequently, Personal Information received from the County, and the County shall have immediate, real time access, at all times, to such backups via a secure, remote access connection provided by the Contractor, through the Internet.

F- 5

ATTACHMENT A
207
Exhibit F
6) The Contractor shall provide the County with the name and contact information for each Authorized Employee ( including such Authorized Employee' s work shift, and at least one alternate Authorized Employee for each Authorized Employee during such work shift) who shall serve as the County's primary security contact with the Contractor and shall be available to assist the County 24 hours per day, seven days per week as a contact in resolving the Contractor's and any Authorized Persons' obligations associated with a Security Breach or a Privacy Practices Complaint.

D. Security Breach Procedures.
1) Promptly, and without undue delay, upon the Contractor's confirmation of a Security Breach, the Contractor shall ( a) notify the Director of the Security Breach, such notice to be given first by telephone at the following telephone number, followed promptly by email at the following email address: (559) 600-5900/ incidents@fresnocountyca. gov ( which telephone number and email address the County may update by providing notice to the Contractor), and ( b) preserve all relevant evidence ( and cause any affected Authorized Person to preserve all relevant evidence) relating to the Security Breach. The notification shall include, to the extent reasonably possible, the identification of each type and the extent of Personal Information that has been, or is reasonably believed to have been, breached, including but not limited to, compromised, or subjected to unauthorized Use, Disclosure, or modification, or any loss or destruction, corruption, or damage. 2) Immediately following the Contractor' s notification to the County of a Security Breach, as provided pursuant to subsection D.( 1) of this Exhibit F, the Parties shall coordinate with each other to investigate the Security Breach. The Contractor agrees to fully cooperate with the County, including, without limitation: ( i) assisting the County in conducting any investigation; ( ii) providing the County with physical access to the facilities and operations affected; ( iii) facilitating interviews with Authorized Persons and any of the Contractor' s other employees knowledgeable of the matter; and ( iv) making available all relevant records, logs, files, data reporting and other materials required to comply with applicable law, regulation, industry standards, or as otherwise reasonably required by the County. To that end, the Contractor shall, with respect to a Security Breach, be solely responsible, at its cost, for all notifications required by law and regulation, and the Contractor shall provide a written report of the investigation and reporting required to the Director within 30 F- 6

ATTACHMENT A
208
Exhibit F
days after the Contractor's discovery of the Security Breach. 3) The County shall promptly notify the Contractor of the Director's knowledge, or reasonable belief, of any Privacy Practices Complaint, and upon the Contractor' s receipt of notification thereof, the Contractor shall promptly address such Privacy Practices Complaint, including taking any corrective action under this Exhibit F, all at the Contractor' s sole expense, in accordance with applicable privacy rights, laws, regulations and standards. In the event the Contractor discovers a Security Breach, the Contractor shall treat the Privacy Practices Complaint as a Security Breach. Within 24 hours of the Contractor's receipt of notification of such Privacy Practices Complaint, the Contractor shall notify the County whether the matter is a Security Breach, or otherwise has been corrected and the manner of correction, or determined not to require corrective action and the reason therefor.
4) The Contractor shall take prompt corrective action to respond to and remedy any Security Breach and take reasonable mitigating actions, including but not limiting to, preventing any reoccurrence of the Security Breach and correcting any deficiency in Security Safeguards as a result of such incident, all at the Contractor' s sole expense, in accordance with applicable privacy rights, laws, regulations and standards. The Contractor shall reimburse the County for all reasonable costs incurred by the County in responding to, and mitigating damages caused by, any Security Breach, including all costs of the County incurred in relation to any litigation or other action described in subsection D.( 5) of this Exhibit F to the extent applicable: ( 1) the cost of providing affected individuals with credit monitoring services for a specific period not to exceed 12 months, to the extent the incident could lead to a compromise of the data subject' s credit or credit standing; ( 2) call center support for such affected individuals for a specific period not to exceed 30 days; and ( 3) the cost of any measures required under applicable laws.

E. Oversight of Security Compliance.
1) The Contractor shall have and maintain a written information security policy that specifies Security Safeguards appropriate to the size and complexity of the Contractor's operations and the nature and scope of its activities.
2) Upon the County's written request, to confirm the Contractor's compliance with this F- 7

ATTACHMENT A
209
Exhibit F
Exhibit F, as well as any applicable laws, regulations and industry standards, the Contractor grants the County or, upon the County' s election, a third party on the County's behalf, permission to perform an assessment, audit, examination or review of all controls in the Contractor' s physical and technical environment in relation to all Personal Information that is Used by the Contractor pursuant to this Agreement. The Contractor shall fully cooperate with such assessment, audit or examination, as applicable, by providing the County or the third party on the County' s behalf, access to all Authorized Employees and other knowledgeable personnel, physical premises, documentation, infrastructure and application software that is Used by the Contractor for Personal Information pursuant to this Agreement. In addition, the Contractor shall provide the County with the results of any audit by or on behalf of the Contractor that assesses the effectiveness of the Contractor' s information security program as relevant to the security and confidentiality of Personal Information Used by the Contractor or Authorized Persons during the course of this Agreement under this Exhibit F.
3) The Contractor shall ensure that all Authorized Persons who Use Personal Information agree to the same restrictions and conditions in this Exhibit F. that apply to the Contractor with respect to such Personal Information by incorporating the relevant provisions of these provisions into a valid and binding written agreement between the Contractor and such Authorized Persons, or amending any written agreements to provide same.

F. Return or Destruction of Personal Information.

Upon the termination of this Agreement, the Contractor shall, and shall instruct all Authorized Persons to, promptly return to the County all Personal Information, whether in written, electronic or other form or media, in its possession or the possession of such Authorized Persons, in a machine readable form used by the County at the time of such return, or upon the express prior written consent of the Director, securely destroy all such Personal Information, and certify in writing to the County that such Personal Information have been returned to the County or disposed of securely, as applicable. If the Contractor is authorized to dispose of any such Personal Information, as provided in this Exhibit F, such certification shall state the date, time, and manner including standard) of disposal and by whom, specifying the title of the individual. The Contractor F- 8

ATTACHMENT A
210
Exhibit F
shall comply with all reasonable directions provided by the Director with respect to the return or disposal of Personal Information and copies thereof. If return or disposal of such Personal Information or copies of Personal Information is not feasible, the Contractor shall notify the County accordingly, specifying the reason, and continue to extend the protections of this Exhibit F to all such Personal Information and copies of Personal Information. The Contractor shall not retain any copy of any Personal Information after returning or disposing of Personal Information as required by this section F. The Contractor's obligations under this section F survive the termination of this Agreement and apply to all Personal Information that the Contractor retains if return or disposal is not feasible and to all Personal Information that the Contractor may later discover.

G. Equitable Relief.

The Contractor acknowledges that any breach of its covenants or obligations set forth in this Exhibit F may cause the County irreparable harm for which monetary damages would not be adequate compensation and agrees that, in the event of such breach or threatened breach, the County is entitled to seek equitable relief, including a restraining order, injunctive relief, specific performance and any other relief that may be available from any court, in addition to any other remedy to which the County may be entitled at law or in equity. Such remedies shall not be deemed to be exclusive but shall be in addition to all other remedies available to the County at law or in equity or under this Agreement.

H. Indemnification.

The Contractor shall defend, indemnify and hold harmless the County, its officers, employees, and agents, ( each, a " County Indemnitee") from and against any and all infringement of intellectual property including, but not limited to infringement of copyright, trademark, and trade dress, invasion of privacy, information theft, and extortion, unauthorized Use, Disclosure, or modification of, or any loss or destruction of, or any corruption of or damage to, Personal Information, Security Breach response and remedy costs, credit monitoring expenses, forfeitures, losses, damages, liabilities, deficiencies, actions, judgments, interest, awards, fines, and penalties including regulatory fines and penalties), costs or expenses of whatever kind, including attorney' s fees and costs, the cost of enforcing any right to indemnification or defense under the Agreement F- 9

ATTACHMENT A
211
Exhibit F
and the cost of pursuing any insurance providers, arising out of or resulting from any third party claim or action against any County Indemnitee in relation to the Contractor's, its officers, employees, or agents, or any Authorized Employee' s or Authorized Person' s, performance or failure to perform under this Exhibit F or arising out of or resulting from the Contractor' s failure to comply with any of its obligations under this section H. The provisions of this section H do not apply to the acts or omissions of the County. The provisions of this section H are cumulative to any other obligation of the Contractor to, defend, indemnify, or hold harmless any County Indemnity under this Agreement. The provisions of this section H shall survive the termination of this Agreement.

I. Survival.

The respective rights and obligations of the Contractor and the County as stated in this Exhibit F shall survive the termination of this Agreement.

J. No Third Party Beneficiary.

Nothing express or implied in the provisions of in this Exhibit F is intended to confer, nor shall anything herein confer, upon any person other than the County or the Contractor and their respective successors or assignees, any rights, remedies, obligations or liabilities whatsoever.

L. No County Warranty.

The County does not make any warranty or representation whether any Personal Information in the Contractor' s ( or any Authorized Person' s) possession or control, or Use by the Contractor( or any Authorized Person), pursuant to the terms of this Agreement is or will be secure from unauthorized Use, or a Security Breach or Privacy Practices Complaint.

F- 10

ATTACHMENT A
212
Exhibit G
Health Insurance Portability and Accountability Act ( HIPAA)

1. The County is a " Covered Entity," and the Contractor is a " Business Associate," as these terms are defined by 45 CFR 160. 103. In connection with providing services under the Agreement, the parties anticipate that the Contractor will create and/or receive Protected Health Information (" PHI") from or on behalf of the County. The parties enter into this Business Associate Agreement (BAA) to comply with the Business Associate requirements of HIPAA, to govern the use and disclosures of PHI under this Agreement. " HIPAA Rules" shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Parts 160 and 164. The parties to this Agreement shall be in strict conformance with all applicable federal and State of California laws and regulations, including, but not limited to California Welfare and Institutions Code sections 5328, 10850, and 14100.2 et seq.; 42 CFR 2; 42 CFR 431; California Civil Code section 56 et seq.; the Health Insurance Portability and Accountability Act of 1996, as amended (" HIPAA"), including, but not limited to, 45 CFR Parts160, 45 CFR 162, and 45 CFR 164; the Health Information Technology for Economic and Clinical Health Act (" HITECH") regarding the confidentiality and security of patient information, including, but not limited to 42 USC 17901 et seq.; and the Genetic Information Nondiscrimination Act ("GINA") of 2008 regarding the confidentiality of genetic information.

Except as otherwise provided in this Agreement, the Contractor, as a business associate of the County, may use or disclose Protected Health Information (" PHI") to perform functions, activities or services for or on behalf of the County, as specified in this Agreement, provided that such use or disclosure shall not violate HIPAA Rules. The uses and disclosures of PHI may not be more expansive than those applicable to the County, as the "Covered Entity" under the HIPAA Rules, except as authorized for management, administrative or legal responsibilities of the Contractor.

2. The Contractor, including its subcontractors and employees, shall protect from unauthorized access, use, or disclosure of names and other identifying information, including genetic information, concerning persons receiving services pursuant to this Agreement, except where permitted in order to carry out data aggregation purposes for health care operations [45 CFR§§ 164. 504( e)( 2)( i), 164. 504( e)( 2)( ii)( A), and 164. 504( e)( 4)( i)]. This pertains to any and all persons receiving services pursuant to a County-funded program. This requirement applies to electronic PHI. The Contractor shall not use such identifying information or genetic information for any purpose other than carrying out the Contractor's obligations under this Agreement.

3. The Contractor, including its subcontractors and employees, shall not disclose any such identifying information or genetic information to any person or entity, except as otherwise specifically permitted by this Agreement, authorized by Subpart E of 45 CFR Part 164 or other law, required by the Secretary of the United States Department of Health and Human Services Secretary"), or authorized by the client/patient in writing. In using or disclosing PHI that is permitted by this Agreement or authorized by law, the Contractor shall make reasonable efforts to limit PHI to the minimum necessary to accomplish intended purpose of use, disclosure or request.

4. For purposes of the above sections, identifying information shall include, but not be limited to, name, identifying number, symbol, or other identifying particular assigned to the individual, such as fingerprint or voiceprint, or photograph.

5. For purposes of the above sections, genetic information shall include genetic tests of family members of an individual or individual( s), manifestation of disease or disorder of family members of an individual, or any request for or receipt of genetic services by individual or family G- 1

ATTACHMENT A
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Exhibit G
members. Family member means a dependent or any person who is first, second, third, or fourth degree relative.

6. The Contractor shall provide access, at the request of the County, and in the time and manner designated by the County, to PHI in a designated record set (as defined in 45 CFR § 164. 501), to an individual or to COUNTY in order to meet the requirements of 45 CFR§ 164. 524 regarding access by individuals to their PHI. With respect to individual requests, access shall be provided within thirty ( 30) days from request. Access may be extended if the Contractor cannot provide access and provides the individual with the reasons for the delay and the date when access may be granted. PHI shall be provided in the form and format requested by the individual or the County.

The Contractor shall make any amendment( s) to PHI in a designated record set at the request of the County or individual, and in the time and manner designated by the County in accordance with 45 CFR § 164. 526.

The Contractor shall provide to the County or to an individual, in a time and manner designated by the County, information collected in accordance with 45 CFR § 164. 528, to permit the County to respond to a request by the individual for an accounting of disclosures of PHI in accordance with 45 CFR § 164. 528.

7. The Contractor shall report to the County, in writing, any knowledge or reasonable belief that there has been unauthorized access, viewing, use, disclosure, security incident, or breach of unsecured PHI not permitted by this Agreement of which the Contractor becomes aware, immediately and without reasonable delay and in no case later than two ( 2) business days of discovery. Immediate notification shall be made to the County' s Information Security Officer and Privacy Officer and the County' s Department of Public Health (" DPH") HIPAA Representative, within two ( 2) business days of discovery. The notification shall include, to the extent possible, the identification of each individual whose unsecured PHI has been, or is reasonably believed to have been, accessed, acquired, used, disclosed, or breached. The Contractor shall take prompt corrective action to cure any deficiencies and any action pertaining to such unauthorized disclosure required by applicable federal and State laws and regulations.

The Contractor shall investigate such breach and is responsible for all notifications required by law and regulation or deemed necessary by the County and shall provide a written report of the investigation and reporting required to the County' s Information Security Officer and Privacy Officer and the County' s DPH HIPAA Representative.

This written investigation and description of any reporting necessary shall be postmarked within the thirty (30) working days of the discovery of the breach to the addresses below:

County of Fresno County of Fresno County of Fresno
Department of Public Health Department of Public Health Department of Internal HIPAA Representative Privacy Officer Services
559) 600- 6439 559) 600- 6405 Information Security Officer P. O. Box 11867 P. O. Box 11867 559) 600- 5800
Fresno, California 93775 Fresno, California 93775 2048 North Fine Street Fresno, California 93727

8. The Contractor shall make its internal practices, books, and records relating to the use and disclosure of PHI received from the County, or created or received by the G- 2

ATTACHMENT A
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Exhibit G
Contractor on behalf of the County, in compliance with Parts the HIPAA Rules. The Contractor shall make its internal practices, books, and records relating to the use and disclosure of PHI received from the County, or created or received by the Contractor on behalf of the County, available to the Secretary upon demand.

The Contractor shall cooperate with the compliance and investigation reviews conducted by the Secretary. PHI access to the Secretary must be provided during the Contractor's normal business hours; however, upon exigent circumstances access at any time must be granted.

Upon the Secretary' s compliance or investigation review, if PHI is unavailable to the Contractor and in possession of a subcontractor of the Contractor, the Contractor must certify to the Secretary its efforts to obtain the information from the subcontractor.

9. Safeguards
The Contractor shall implement administrative, physical, and technical safeguards as required by the HIPAA Security Rule, Subpart C of 45 CFR Part 164, that reasonably and appropriately protect the confidentiality, integrity, and availability of PHI, including electronic PHI, that it creates, receives, maintains or transmits on behalf of the County and to prevent unauthorized access, viewing, use, disclosure, or breach of PHI other than as provided for by this Agreement. The Contractor shall conduct an accurate and thorough assessment of the potential risks and vulnerabilities to the confidentiality, integrity and availability of electronic PHI.

The Contractor shall develop and maintain a written information privacy and security program that includes administrative, technical and physical safeguards appropriate to the size and complexity of the Contractor' s operations and the nature and scope of its activities. Upon the County' s request, the Contractor shall provide the County with information concerning such safeguards.

The Contractor shall implement strong access controls and other security safeguards and precautions in order to restrict logical and physical access to confidential, personal ( e.g., PHI) or sensitive data to authorized users only. Said safeguards and precautions shall include the following administrative and technical password controls for all systems used to process or store confidential, personal, or sensitive data:

A. Passwords must not be:
1) Shared or written down where they are accessible or recognizable by anyone else; such as taped to computer screens, stored under keyboards, or visible in a work area;
2) A dictionary word; or
3) Stored in clear text
B. Passwords must be:
1) Eight ( 8) characters or more in length;
2) Changed every ninety ( 90) days;
3) Changed immediately if revealed or compromised; and
4) Composed of characters from at least three ( 3) of the following four (4) groups from the standard keyboard:
a) Upper case letters ( A- Z);
b) Lowercase letters ( a- z);
c) Arabic numerals ( 0 through 9); and
d) Non- alphanumeric characters (punctuation symbols).

G- 3

ATTACHMENT A
215
Exhibit G
The Contractor shall implement the following security controls on each workstation or portable computing device ( e. g., laptop computer) containing confidential, personal, or sensitive data:

1. Network- based firewall and/ or personal firewall;

2. Continuously updated anti- virus software; and

3. Patch management process including installation of all operating system/ software vendor security patches.

The Contractor shall utilize a commercial encryption solution that has received RIPS 140- 2 validation to encrypt all confidential, personal, or sensitive data stored on portable electronic media ( including, but not limited to, compact disks and thumb drives) and on portable computing devices (including, but not limited to, laptop and notebook computers).

The Contractor shall not transmit confidential, personal, or sensitive data via e- mail or other internet transport protocol unless the data is encrypted by a solution that has been validated by the National Institute of Standards and Technology ( NIST) as conforming to the Advanced Encryption Standard ( AES) Algorithm. The Contractor must apply appropriate sanctions against its employees who fail to comply with these safeguards. The Contractor must adopt procedures for terminating access to PHI when employment of employee ends.

10. Mitigation of Harmful Effects
The Contractor shall mitigate, to the extent practicable, any harmful effect that is suspected or known to the Contractor of an unauthorized access, viewing, use, disclosure, or breach of PHI by the Contractor or its subcontractors in violation of the requirements of these provisions. The Contractor must document suspected or known harmful effects and the outcome.

11. The Contractor' s Subcontractors
The Contractor shall ensure that any of its contractors, including subcontractors, if applicable, to whom the Contractor provides PHI received from or created or received by the Contractor on behalf of the County, agree to the same restrictions, safeguards, and conditions that apply to the Contractor with respect to such PHI and to incorporate, when applicable, the relevant provisions of these provisions into each subcontract or sub-award to such agents or subcontractors.

Nothing in this section 11 or this Exhibit G authorizes the Contractor to perform services under this Agreement using subcontractors.

12. Employee Training and Discipline
The Contractor shall train and use reasonable measures to ensure compliance with the requirements of these provisions by employees who assist in the performance of functions or activities on behalf of the County under this Agreement and use or disclose PHI, and discipline such employees who intentionally violate any provisions of these provisions, which may include termination of employment.

13. Termination for Cause
Upon the County' s knowledge of a material breach of these provisions by the Contractor, the County will either:

A. Provide an opportunity for the Contractor to cure the breach or end the violation, and the County may terminate this Agreement if the Contractor does not cure the breach or end the violation within the time specified by the County; or G- 4

ATTACHMENT A
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Exhibit G
B. Immediately terminate this Agreement if the Contractor has breached a material term of this Exhibit G and cure is not possible, as determined by the County.

C. If neither cure nor termination is feasible, the County's Privacy Officer will report the violation to the Secretary of the U. S. Department of Health and Human Services.

14. Judicial or Administrative Proceedings
The County may terminate this Agreement if: ( 1) the Contractor is found guilty in a criminal proceeding for a violation of the HIPAA Privacy or Security Laws or the HITECH Act; or 2) there is a finding or stipulation in an administrative or civil proceeding in which the Contractor is a party that the Contractor has violated a privacy or security standard or requirement of the HITECH Act, HIPAA or other security or privacy laws.

15. Effect of Termination
Upon termination or expiration of this Agreement for any reason, the Contractor shall return or destroy all PHI received from the County ( or created or received by the Contractor on behalf of the County) that the Contractor still maintains in any form, and shall retain no copies of such PHI. If return or destruction of PHI is not feasible, the Contractor shall continue to extend the protections of these provisions to such information, and limit further use of such PHI to those purposes that make the return or destruction of such PHI infeasible. This provision applies to PHI that is in the possession of subcontractors or agents, if applicable, of the Contractor. If the Contractor destroys the PHI data, a certification of date and time of destruction shall be provided to the County by the Contractor.

16. Compliance with Other Laws

12. 17 To the extent that other state and/ or federal laws provide additional, stricter and/ or more protective privacy and/ or security protections to PHI or other confidential information covered under this BAA, the Contractor agrees to comply with the more protective of the privacy and security standards set forth in the applicable state or federal laws to the extent such standards provide a greater degree of protection and security than HIPAA Rules or are otherwise more favorable to the individual.

17. Disclaimer
The County makes no warranty or representation that compliance by the Contractor with these provisions, the HITECH Act, or the HIPAA Rules, will be adequate or satisfactory for the Contractor' s own purposes or that any information in the Contractor' s possession or control, or transmitted or received by the Contractor, is or will be secure from unauthorized access, viewing, use, disclosure, or breach. The Contractor is solely responsible for all decisions made by the Contractor regarding the safeguarding of PHI.

18. Amendment
The parties acknowledge that Federal and State laws relating to electronic data security and privacy are rapidly evolving and that amendment of this Exhibit G may be required to provide for procedures to ensure compliance with such developments. The parties specifically agree to take such action as is necessary to amend this agreement in order to implement the standards and requirements of the HIPAA Rules, the HITECH Act and other applicable laws relating to the security or privacy of PHI. The County may terminate this Agreement upon thirty 30) days written notice in the event that the Contractor does not enter into an amendment providing assurances regarding the safeguarding of PHI that the County in its sole discretion, deems sufficient to satisfy the standards and requirements of the HIPAA Rules, and the G- 5

ATTACHMENT A
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Exhibit G
HITECH Act.

19. No Third-Party Beneficiaries
Nothing expressed or implied in the provisions of this Exhibit G is intended to confer, and nothing in this Exhibit G does confer, upon any person other than the County or the Contractor and their respective successors or assignees, any rights, remedies, obligations or liabilities whatsoever.

20. Interpretation
The provisions of this Exhibit G shall be interpreted as broadly as necessary to implement and comply with the HIPAA Rules, and applicable State laws. The parties agree that any ambiguity in the terms and conditions of these provisions shall be resolved in favor of a meaning that complies and is consistent with the HIPAA Rules.

21. Regulatory References
A reference in the terms and conditions of these provisions to a section in the HIPAA Rules means the section as in effect or as amended.

22. Survival
The respective rights and obligations of the Contractor as stated in this Exhibit G survive the termination or expiration of this Agreement.

23. No Waiver of Obligation
Change, waiver or discharge by the County of any liability or obligation of the Contractor under this Exhibit G on any one or more occasions is not a waiver of performance of any continuing or other obligation of the Contractor and does not prohibit enforcement by the County of any obligation on any other occasion.

G- 6

ATTACHMENT A
218
Exhibit H
Subject: Hostage Situations
4 Page: 1 of 2
Date Originated: April 1, 2004
Date Revised: February 1, 2008
Authority: Title 15; Section 1327;
California Code of Regulations
It is imperative for the safety and security of all persons within Juvenile Justice Campus ( JJC) facilities, as well as for those in the community, that minors are not allowed to leave the secure confines of the facilities by the taking of a hostage( s). If successful in securing a release through these means minors would be much more likely in the future to use this practice again in an attempt to escape the confines of the facilities. This would put those visiting and working at the JJC at higher level of risk and would jeopardize the safety of the community if the minor was in fact successful in securing his/ her release.

The JJC is a " no- hostage" facility. This means that minors will not be released from custody under any circumstances due to the taking of a hostage( s). Any staff person taken hostage, no matter what their rank or status, immediately loses their authority and any orders issued by that person will not be followed.

I. HOSTAGE SITUATION PROCEDURES
A. If any minor( s) and/ or other person( s) in the facility attempt to hold any person hostage, and they do not respond to verbal commands to stop staff will immediately notify the Watch Commander. He/ she will respond to the location and assess the situation. If a hostage situation is in progress the Watch Commander will:

1. Summon assistance from other officers as required.

2. Establish a secure perimeter around the hostage takers and allow no one to pass into it for any reason without authorization. Risks should not be taken that might allow the taking of additional hostages.

3. Evacuate all non- essential persons at the scene to a safe location or any housing pod that is not directly involved in the incident.

4. Direct officers to place minors in uninvolved housing pods in their rooms and have them remain there until directed otherwise. Minors outside of housing pods will remain in place under officer supervision until it is safe to return to their respective housing pods or any housing pod that is not directly involved in the incident.

5. Immediately notify the Director or the Probation Services Manager/Assistant Director in his/ her absence and confer with higher authority as to action to be taken.

Administration in turn will notify the Chief.

B. The Fresno Sheriff' s Dispatch Center ( 488- 3111) will be notified immediately and a request for a trained hostage negotiator and other emergency personnel will be made as needed.

Prior to the arrival of the Sheriff Department' s hostage negotiator the Watch Commander will attempt to ascertain:

1. The number and identity of both the hostages and hostage takers; H- 1

ATTACHMENT A
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Exhibit H
Subject: Hostage Situation
Policy #: 326. 0

2. Any known weapons possessed by the hostage takers;

3. The demands of the hostage takers.

C. The Watch Commander will retain and direct departing custody officers, as well as, available Probation peace officer staff to assist with security and safety needs, as necessary. Additional Juvenile Correctional Officers should be called in as may be needed to insure the safe and secure operation of the facility.

D. The Watch Commander will coordinate with the Sheriff' s Department all activities taken to resolve the hostage situation, including the use of appropriate force, and will maintain control of the facility until relieved of that duty by the presence of a Probation Services Manager/ Assistant Director, Director, or the Chief Probation Officer.

E. Once the hostage situation has been resolved the minors involved should be housed in the most secure setting available and all appropriate charges should be filed.

F. Each officer and/ or non- sworn staff member who was involved or observed the incident will complete an incident report and if required, the appropriate critical incident evaluation report( s) regarding the details of the incident prior to the end of his/ her shift. ( See Incident Report, located in JAS Probation View, under " Word Templates".) G. The Watch Commander will prepare a Critical Incident Investigation Report, using the Critical Incident Evaluation Report- Page 2 report form and the critical incident evaluation report(s) completed by the reporting persons at the time of the incident.

II. PARENTAL AND MEDIA INFORMATION
A. Attempts will be made at the direction of Administration to reach the families of the hostages to advise them of the situation. Notification will also be made to the parents of the hostage takers as deemed appropriate.

B. All media inquiries will be referred to the Chief's office per departmental policy.

III. SECURITY AND OPERATIONAL REVIEW
A. Once the incident has been resolved a team will be established to conduct a security and operational review of the incident. The review will be conducted within 2 days of the resolution of the incident. The review team will be comprised of the facility administrator and/ or facility Director, Probation Services Manager/Assistant Director and Supervising Juvenile Correctional Officers who are relevant to the incident. The team will review the circumstances leading up to the incident and any necessary corrective action necessary to ensure that such an incident does not repeat itself.

H- 2

ATTACHMENT A
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Exhibit I

BACKGROUND INVESTIGATIONS AND

IDENTIFICATION ( ID) BADGES
Background Investigations
Prior to the beginning of any services, one ( 1) background check may be required for every member of the Contractor' s personnel providing services to a building location for the life of the agreement. The background check may be required before access is given to any County facility/ property. Clearance will only be granted after a successful background check, completed by the County of Fresno Sheriff's Department. Background checks provided by any agency other than the County of Fresno Sheriff' s Department will not be accepted.

The current cost of a background check is $ 52 per person. This cost will be incurred by the successful Bidder. One check covering the cost of background checks for all employees shall be made payable to:

Sheriff, County of Fresno. The successful bidder will be notified regarding the result of background checks. Those that are accepted will report to County of Fresno Security to have their photo taken and ID badge issued.

Background checks are done on a first- come, first serve basis between the hours of 7: 00 a. m and 12: 00 noon. Monday through Friday. The process takes approximately 20 minutes time. The amount of time it takes to receive the result of background checks varies from one day to a month ( or longer), dependent upon the individual' s history.

Individuals who are cleared through this process are entered into the Department of Justice database.

Their records are flagged and the County of Fresno Sheriff' s Department is notified if the person is ever arrested in the future.

When required by County, applicants' background checks must be approved prior to entering any County facility. Approval will not be granted to any individual possessing any of the following circumstances:

1. They have been convicted of a felony, or any crime involving moral turpitude, or carrying or possessing a dangerous weapon.

2. They have ever been charged with a felony or are currently under investigation for a felony.

3. They are charged with or convicted of any crime committed in or at a correctional institution.

4. They are currently on parole or probation or are a sentenced inmate at any correctional facility.

5. They have been refused a license as a private investigator or had such license revoked.

6. They have fraudulently represented themselves, their credentials, their employment or their criminal or arrest record on their application.

7. Make omissions or false statements on their application.

8. They have no valid reason for entering a facility.

9. Their admission into a facility could represents a threat to security, staff or inmate safety.

10. Further information regarding the criteria for background check clearance, including an appeal for process for someone who may be denied clearance is available upon request.

I- 1

ATTACHMENT A
221
Identification ( ID) Badges
The successful bidder' s employees will be issued a badge that must be worn and be visible at all times during performance of work in any County building to identify the wearer as an individual who is authorized to enter County facilities.

1. ID badges will be given only after successfully completing the background investigation. ID badges will be issued when the photo is taken. If electronic access to any County facility is required, activation of the badge may take an additional 48 hours to complete.

2. The wearer will not escort or bring any other individuals into any County facilities. County issued ID badges are for the exclusive use of the individual named and pictured on the badge.

3. All ID badges will remain the property of the County and are returnable upon demand or upon the expiration of the contract. The successful Bidder will be responsible for collecting all ID badges issued and turning them in to the County Security Office when a contract ends or when an employee leaves employment. The Bidder will assumes all responsibility for their employee' s use of and the return of the County ID badges.

4. The ID badges will only be issued to individuals passing the Background check. Each individual will need to present themselves in person with a valid, clean, and legible copy of a Driver' s license or State issued Identification Card to receive an ID badge. 1- 2

ATTACHMENT A
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REV 2026-03-31
Exhibit B:

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

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

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

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

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

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

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

Additional Insured Status
The City of Stockton, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. Coverage can be

ATTACHMENT A
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REV 2026-03-31
provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

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

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

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

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors. This provision applies regardless of whether or not an endorsement has been issued.

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

ATTACHMENT A
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REV 2026-03-31
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 (Does Not Apply to Commercial General Liability) If any of the required policies provide claims-made coverage:

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

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

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

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

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

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
501 W Weber Avenue
Building 1, 4th Floor
Stockton, CA 95203

ATTACHMENT A
225
Pacific Storage Company
Exhibit C
Storage (per item) Cost Range 2026 Est. Cost Range 2027 Est. Cost Range 2028 Est. Cost Range 2029 Check Cases 0.65 0.67 0.69 0.71
Container 0.68 0.70 0.72 0.74
File Cabinet 12.40 12.80 13.20 13.60
Flat Drawing Carton 1.30 1.32 1.34 1.36
Legal Transfer Case 1.94 1.96 1.98 2.00
Letter Transfer Case 1.60 1.64 1.68 1.72
Plan Sack 0.65 0.67 0.69 0.71
Record Storage Cartons 0.68 0.70 0.72 0.74
Shelf 6.20 6.40 6.60 6.80
Standard Records Container 0.68 0.70 0.72 0.74
Vault 1 10.33 10.36 10.39 10.42
X-Ray Cartons 0.75 0.77 0.79 0.81
Pick-up/Retrieval/Delivery Fees
On-Site Shred Containers Cost Range 2026 Est. Cost Range 2027 Est. Cost Range 2028 Est. Cost Range 2029 36 in. 35.00-45.00 38.00-48.00 39.00-49.00 40.00-50.00
64 gal. 50.00 53.00 54.00 55.00
24 in. 15.00-46.00 18.00-49.00 19.00-50.00 20.00-51.00
96 gal 27.00 53.00 57.00 63.00
Minimum Pick-up Fee (Difference Charged) 63.00 65.00 67.00 69.00 Surcharge (Based on time and mileage to
container location) Wait time is billed at $35.00 an hour in 15 increments On-Site Shred Event
Extra material $10.00 per standard carton onsite
Off-Site Shred
Extra material $8.00 per standard carton offsite
Material Destruction
Extra material $8.00 per standard carton offsite
Extra material $10.00 per standard carton onsite

ATTACHMENT A
226
City of Stockton
Legislation Text
File #: 26-1024, Version: 1

APPROVE FINDINGS AND ADOPT A RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 2 WITH GATEWAY PACIFIC CONTRACTORS, INC. FOR IMPROVED SOURCE

CAPACITY AND EFFICIENCY OF THE GROUNDWATER RECHARGE PROJECT

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

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

2. Authorize Contract Change Order No. 2 with Gateway Pacific Contractors, Inc. (Gateway Pacific), in the amount of $2,336,169, to increase the capacity and efficiency of the groundwater recharge project, for a total contract amount not to exceed $19,533,982.

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

Summary
The Municipal Utilities Department (MUD) Water Utility operates the Delta Water Treatment Plant, which supplies drinking water to Stockton’s northern and southern regions. The central region is served by California Water Service Company and San Joaquin County. Since beginning operation in May 2012, the Delta Water Treatment Plant has delivered up to 30 million gallons per day of treated surface water from the San Joaquin Delta and Mokelumne River.

The Delta Water Treatment Plant was also designed to protect the groundwater basin through conjunctive water management and to strengthen the City’s water supply reliability. New groundwater recharge basins adjacent to the plant will expand this capacity by allowing the City to directly recharge the basin using water from Water Right Permit 21176, contract supplies from the Woodbridge Irrigation District, and potentially stormwater from the City of Lodi. Recharged water can be stored and pumped during dry years or droughts, helping stabilize groundwater levels in the critically over-drafted Eastern San Joaquin Groundwater Subbasin and supporting the region’s compliance with the Sustainable Groundwater Management Act.

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If approved by the City Council, this action will authorize Contract Change Order No. 2 (CCO No.2) with Gateway Pacific (Exhibit 1 to the Resolution), in the amount of $2,336,169, for a total contract not-to-exceed amount of $19,533,982.

DISCUSSION
Background
In November 2005, the City Council certified the Delta Water Supply Project (DWSP) Environmental Impact Report (EIR) (State Clearinghouse No. 2003112060), which evaluated environmental impacts associated with future groundwater recharge basins at the Delta Water Treatment Plant (DWTP).

In 2012, MUD commissioned the DWSP, a major component of the City’s conjunctive use program and an important tool for stabilizing groundwater levels in the Eastern San Joaquin Groundwater Subbasin. The DWSP now delivers surface water to nearly 200,000 customers in north Stockton through a river diversion and pumping station that conveys water to the DWTP along Lower Sacramento Road.

The proposed groundwater recharge project covers approximately 130 acres, with a construction footprint of about 70 acres. Its infrastructure will divert surplus surface water from the Delta and the Mokelumne River to replenish the local groundwater basin.

In 2023, Geosyntec Consultants completed a feasibility study confirming that soil conditions at the DWTP site are suitable for groundwater infiltration. Based on these findings, MUD initiated procurement of design, permitting, CEQA compliance, and construction services for the recharge basins.

On September 10, 2024, through Resolution 2024-09-10-1207, the City Council awarded a designbuild contract to Gateway Pacific to construct three recharge basins, associated dry wells, access roads, SCADA integration, underground piping, automatic modulating valves, flow meters, and operational and maintenance programs.

This project advances the Eastern San Joaquin Subbasin Groundwater Sustainability Plan (GSP) and supports compliance with the Sustainable Groundwater Management Act (SGMA) by addressing critical overdraft conditions and improving long-term groundwater reliability.

On August 12, 2025, by Resolution 2025-08-12-1215-01, the City Council approved an Addendum to the 2005 DWSP EIR, awarded a construction management contract to Inferrera Construction Management Group, Inc., and authorized Contract Change Order No. 1 to Gateway Pacific, increasing the project’s estimated recharge capacity from roughly 11,000 acre-feet per year to nearly 20,000 acre-feet per year.

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Present Situation
Design modifications to the original design-build contract with Gateway Pacific are needed to expand the project's operational capacity and improve site functionality. The updates will increase the amount of water available from the Woodbridge Irrigation District, add a park water system to support sanitation needs, install an additional variable frequency drive - an electronic device that controls motor speed and energy use by adjusting the frequency and voltage supplied to the pump motor - on the DWTP’s treated water pumps, and add all-season service roads along the basin levees to ensure reliable access for operations and maintenance. In August of 2025, it was not clear these updates would be necessary, but now staff has determined that without them the DWSP will not meet its recharge goals or operate as envisioned.

Environmental Clearance
CEQA Guidelines Section 15164 allows for an addendum to a certified EIR if changes to the project do not result in new significant environmental effects or substantially more severe impacts. The proposed Groundwater Recharge Basins Project:
· Does not involve new or expanded project elements outside the scope analyzed in the 2005 DWSP EIR.
· Does not trigger any new significant impacts not previously disclosed. · Remains consistent with the original project objectives and environmental mitigation framework.

An Addendum to the certified 2005 DWSP EIR satisfies environmental requirements for this project.

The addendum was approved by the City Council on August 12, 2025.

Findings
Pursuant to Stockton Municipal Code section 3.68.070, the City Council may approve findings that support and justify an exception to the competitive bidding process. The following findings support and justify an exception:

1. The existing contract between Gateway Pacific and the City was negotiated following an evaluation of competitive proposals in accordance with SMC section 3.68.070.A.3.

2. Gateway Pacific possesses unique familiarity with the Groundwater Recharge Project and the Delta Water Treatment Plant site, project design, and operational requirements, and is therefore best positioned to efficiently implement the necessary design modifications and improvements without duplicating work, increasing project costs, or delaying construction.

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File #: 26-1024, Version: 1
Staff recommends that the City Council adopt the proposed resolution authorizing Contract Change Order No. 2 with Gateway Pacific in the amount of $2,336,169 to increase the capacity and efficiency of the groundwater recharge project, for a total contract amount not to exceed $19,533,982.

FINANCIAL SUMMARY
There are sufficient funds available in the Water Capital Improvement Projects Fund under Project Number UH21005 to cover the costs associated with approving CCO No. 2 to Gateway Pacific in the amount of $2,336,169 for a total contract not-to-exceed amount of $19,533,982.

The City has secured three separate grant awards to support this project:
· Sustainable Groundwater Management Act Round 1 Grant - $300,000, fully received in FY 2024.
· Integrated Regional Water Management Grant - $1,893,769, with $1,095,424.70 received across fiscal years 2026 and 2027.
· WaterSMART Grant - $400,000, fully received between fiscal years 2025 and 2026.

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

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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING CONTRACT CHANGE ORDER NO. 2 FOR $2,336,169 WITH GATEWAY PACIFIC CONTRACTORS, INC. FOR IMPROVED SOURCE

CAPACITY AND EFFICIENCY OF THE GROUNDWATER RECHARGE PROJECT In 2012, the Municipal Utilities Department (MUD) dedicated the Delta Water Supply Project (DWSP) to provide a supplemental surface water supply to the City of Stockton and protect the groundwater basin through conjunctive management; and A groundwater recharge project will make use of available water under the City’s Water Right Permit 21176, contract supply from Woodbridge Irrigation District, and potentially other water sources; and
On September 10, 2024, the City awarded a design-build contract to Gateway Pacific Contractors, Inc. to design and construct the recharge basins; and On August 12, 2025, the City Council approved Contract Change Order No. 1 to Gateway Pacific Contractors, Inc. for design enhancements to the groundwater recharge basins to improve operational flexibility, reliability, and overall recharge capacity; and Design modifications to the original design-build contract with Gateway Pacific are necessary to increase the amount of water available from the Woodbridge Irrigation District, add a park water system to support sanitation needs, and install an additional variable frequency drive on the DWTP’s treated water pumps; and The modifications also add building all-season service roads along the basin levees to ensure reliable access for operations and maintenance; and Staff recommend the approval of Contract Change Order No. 2 with Gateway Pacific Contractors, Inc, in the amount of $2,336,169, for a total not to exceed $19,533,982; 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. The existing contract between Getaway Pacific and the City was negotiated following an evaluation of competitive proposals.
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b. Considering the size and complexity of the Groundwater Recharge Project, the City does not have the technical expertise to monitor it and ensure compliance in a cost-effective and timely manner.
c. Gateway Pacific possesses unique familiarity with the Delta Water Treatment Plant site, project design, and operational requirements, and is therefore best positioned to efficiently implement the necessary design modifications and improvements without duplicating work, increasing project costs, or delaying construction.
d. The success of the project will depend on the credibility the professional develops with the staff and the ability of the professional to develop a working relationship with the City.

2. Contract Change Order No. 2 with Gateway Pacific Contractors, Inc, for $2,336,169, is hereby approved, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 1 and incorporated by this reference.

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

PASSED, APPROVED, and ADOPTED October 13, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

BONNIE PAIGE, CMC
Interim City Clerk of the City of Stockton
232
EXHIBIT 1
233
City of Stockton
Legislation Text
File #: 26-1079, Version: 1
ORDINANCE AMENDING STOCKTON MUNICIPAL CODE, TITLE 10, CHAPTER 10.04, SECTION

10.04.600, “USE OF STREET FOR STORAGE OF VEHICLES PROHIBITED” TO CLARIFY WHEN A VEHICLE IS DEEMED TO HAVE BEEN PARKED OR LEFT STANDING FOR 72 OR MORE

CONSECUTIVE HOURS

RECOMMENDATION
It is recommended that the City Council:

1. Adopt an ordinance amending Stockton Municipal Code (SMC) Title 10, Chapter 10.04, Section 10.04.600 to clarify that a vehicle may not be parked or left standing upon a street or alley for 72 or more consecutive hours and establishing an objective standard for determining whether a vehicle has been moved during the applicable 72-hour period; and

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

Summary
The proposed amendment would clarify SMC Section 10.04.600, which currently prohibits a person who owns or has possession, custody, or control of a vehicle from parking the vehicle upon a street or alley for more than 72 consecutive hours. The current provision does not establish a specific standard for determining whether a vehicle has been moved sufficiently to restart the 72-hour period.

The proposed amendment would establish a clear and objective standard by providing that a vehicle will be considered to have remained parked or left standing for 72 or more consecutive hours if it has remained inoperable or has not been moved at least 300 feet from its previous stopping point during the applicable 72-hour period. The amendment is intended to provide greater clarity and consistency in enforcement and to address circumstances in which a vehicle is moved only a minimal distance and then left in substantially the same location.

DISCUSSION
Background
SMC Section 10.04.600 currently lacks a clear standard for what constitutes sufficient vehicle movement to restart the 72-hour parking limit. Consequently, owners can technically comply by moving a vehicle only a few inches, leaving underlying neighborhood conditions unchanged. This nominal adjustment fails to address community concerns associated with long-term vehicle storage, including neighborhood blight, illegal dumping, and the abandonment of property or boats that contribute to a perception of deterioration. Additionally, extended vehicle storage consumes limited City of Stockton Page 1 of 2 Printed on 10/9/2026
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street parking needed by residents, local businesses, and customers, while occasionally creating visual barriers for unlawful activity.

Furthermore, the lack of clarity creates significant enforcement and legal uncertainty. Minimal movement makes it difficult for personnel to document or disprove compliance after the fact, increasing the risk of disputes, towing challenges, and potential litigation. The proposed amendment aims to resolve these issues by clarifying the movement requirement and establishing a meaningful standard for resetting the 72-hour period. By ensuring that vehicle relocation represents an actual change in location, the update provides consistent enforcement, reduces compliance disputes, and better addresses recurring resident complaints regarding long-term vehicle storage and blight.

At the March 16, 2026, Legislation/Environmental Committee Meeting, Staff outlined the procedural limits of the existing 72-hour parking restriction, noting that enforcement mechanisms are often slow to resolve persistent neighborhood complaints about inoperable or abandoned vehicles in the public right-of-way. The presentation also focused on clarifying the legal definition of "public streets" and establishing precise guidelines to prevent the obstruction of city rights-of-way by both commercial entities and private residents. The Committee approved the changes and directed staff to present the updated SMC amendment to the City Council at a future meeting.

Present Situation
SMC Section 10.04.600, titled “Use of Streets for Storage of Vehicles Prohibited,” prohibits using any portion of a public street or public place to store a vehicle. The purpose of the ordinance is to address vehicles that are not being used for ordinary transportation and prevent streets from serving as longterm storage areas rather than as spaces for travel, temporary parking, and public access.

The ordinance is part of Stockton’s traffic regulations and supports the City’s ability to address vehicles left on public streets in a manner that obstructs access, contributes to neighborhood deterioration, or creates public-safety and sanitation concerns. The provision is distinct from general parking regulations because it focuses on storage, including vehicles that remain stationary for extended periods or are otherwise being kept on the street rather than actively used for transportation. The current ordinance does not specify what constitutes a mechanism in determining whether a vehicle is being parked or left standing for the purpose of long-term storage rather than ordinary transportation.

FINANCIAL SUMMARY
Adoption of the amendment of the existing code is not expected to have a negative fiscal impact.

Attachment A - Proposed Redlined Version
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ORDINANCE NO. ______
AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.04, SECTION 10.04.600 OF THE

STOCKTON MUNICIPAL CODE BY AMENDING THE PROVISIONS REGARDING THE USE

OF STREETS FOR THE STORAGE OF VEHICLES

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

SECTION I. FINDINGS AND INTENT
The City Council of the City of Stockton finds that amending Title 10, Chapter 10.04, Section 10.04.600 of the Stockton Municipal Code ("SMC") is necessary to address the growing challenges associated with long-term vehicle storage on public streets. The prior ordinance lacked a clear standard for what constituted sufficient vehicle movement to restart the 72-hour parking limit. Establishing a precise distance requirement ensures that vehicle relocation represents an actual change in location rather than a nominal adjustment, providing more consistent enforcement, reducing compliance disputes, and better addressing neighborhood blight, parking availability, and public safety.

SECTION II. AMENDMENT OF CODE
Title 10, Chapter 10.04, Section 10.04.600 of the Stockton Municipal Code is hereby amended to read as follows:
§ 10.04.600. Use of streets for storage of vehicles prohibited.

A. No person who owns or has possession, custody or control of any vehicle shall park or leave such vehicle standing upon any street or alley for more than a period of 72 consecutive hours or more. For purposes of this section, a vehicle shall be considered to have been parked or left standing for 72 or more consecutive hours if it has remained inoperable or has not been moved at least 300 feet from its previous stopping point during any continuous 72-hour period. In the event a vehicle is parked or left standing upon a street in excess of a period of 72 consecutive hours such vehicle may be removed in the manner and subject to the requirements of Article I of Chapter 10.16.

B. Police officers, officers, or parking enforcement officers are hereby authorized to issue a citation provided for in the California Vehicle Code whenever he or she has reasonable cause to believe that a violation of this section has occurred in his or her presence. (Prior code § 10-017.5; Ord. 2015-07-21-1201 C.S. § 2)
SECTION III. SEVERABILITY

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

SECTION IV. EFFECTIVE DATE
This ordinance shall be in full force and take effect 30 days after its passage.

ADOPTED: _________________
EFFECTIVE: _________________
__________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
__________________________

BONNIE PAIGE
Interim City Clerk of the City of Stockton

ATTACHMENT A
237
ORDINANCE NO. ______
AN ORDINANCE AMENDING TITLE 10, CHAPTER 10.04, SECTION 10.04.600 OF THE

STOCKTON MUNICIPAL CODE BY AMENDING THE PROVISIONS REGARDING THE USE

OF STREETS FOR THE STORAGE OF VEHICLES

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

SECTION I. FINDINGS AND INTENT
The City Council of the City of Stockton finds that amending Title 10, Chapter 10.04, Section 10.04.600 of the Stockton Municipal Code ("SMC") is necessary to address the growing challenges associated with long-term vehicle storage on public streets. The prior ordinance lacked a clear standard for what constituted sufficient vehicle movement to restart the 72-hour parking limit. Establishing a precise distance requirement ensures that vehicle relocation represents an actual change in location rather than a nominal adjustment, providing more consistent enforcement, reducing compliance disputes, and better addressing neighborhood blight, parking availability, and public safety.

SECTION II. AMENDMENT OF CODE
Title 10, Chapter 10.04, Section 10.04.600 of the Stockton Municipal Code is hereby amended to read as follows:
§ 10.04.600. Use of streets for storage of vehicles prohibited.

A. No person who owns or has possession, custody or control of any vehicle shall park or leave such vehicle standing upon any street or alley for a period of 72 consecutive hours or more. For purposes of this section, a vehicle shall be considered to have been parked or left standing for 72 or more consecutive hours if it has remained inoperable or has not been moved at least 300 feet from its previous stopping point during any continuous 72- hour period. In the event a vehicle is parked or left standing upon a street in excess of a period of 72 consecutive hours such vehicle may be removed in the manner and subject to the requirements of Article I of Chapter 10.16.

B. Police officers, officers, or parking enforcement officers are hereby authorized to issue a citation provided for in the California Vehicle Code whenever he or she has reasonable cause to believe that a violation of this section has occurred in his or her presence. (Prior code § 10-017.5; Ord. 2015-07-21-1201 C.S. § 2)
SECTION III. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by 238
any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

SECTION IV. EFFECTIVE DATE
This ordinance shall be in full force and take effect 30 days after its passage.

ADOPTED: _________________
EFFECTIVE: _________________
__________________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
__________________________

BONNIE PAIGE, CMC
Interim City Clerk of the City of Stockton
239
City of Stockton
Legislation Text
File #: 26-1081, Version: 1
ORDINANCE AMENDING STOCKTON MUNICIPAL CODE, TITLE 9, CHAPTER 9.64, SECTION

9.64.020, “DRINKING LIQUOR IN PUBLIC” TO CHANGE THE SECTION TITLE TO “POSSESSION OF OPEN CONTAINERS OF ALCOHOLIC BEVERAGES IN PUBLIC PLACES,”

AND REVISE THE PROHIBITION TO ADDRESS POSSESSION OF OPEN CONTAINERS OF

ALCOHOLIC BEVERAGES

RECOMMENDATION
It is recommended that the City Council:

1. Adopt an ordinance amending Stockton Municipal Code (SMC), Title 9, Chapter 9.64, Section

9.64.020, “Drinking Liquor in Public,” to change the title to “Possession of open containers of alcoholic beverages in public places,” expand the prohibition to address possession of open containers of alcoholic beverages, add definitions, and establish exceptions; and

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

Summary
The proposed ordinance amends SMC Section 9.64.020 to address the possession of alcoholic beverages in specified public places, rather than limiting the prohibition to the act of consuming alcoholic beverages. The amendment is intended to provide a clear and consistent enforcement standard when an open container of an alcoholic beverage is present in a location where possession is prohibited, even when active consumption is not observed. This amendment is designed to promote public safety, reduce alcohol-related disturbances, and equip law enforcement with a clear and consistent standard for enforcement. The update preserves existing exceptions for licensed premises, permitted special events, private property, and other government-authorized locations.

DISCUSSION
Background
SMC Section 9.64.020 currently prohibits the public consumption of alcohol but lacks a specific prohibition against possessing an open container in public. This gap creates a significant enforcement challenge, as officers can only issue a citation if they personally witness the actual consumption of alcohol. Because individuals often stop drinking when uniformed officers or marked patrol vehicles approach, visible police presence only temporarily interrupts the behavior without resolving the underlying issue. Furthermore, residents experience understandable frustration when individuals openly possess alcoholic beverages in public spaces, yet cannot be cited.

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This limitation also contributes to community litter from discarded containers and hinders early intervention, frequently forcing officers to wait until a subject becomes sufficiently intoxicated to warrant action under public-intoxication provisions. The proposed amendment addresses this enforcement issue by expanding the prohibition to include the possession of open containers of alcoholic beverages in specified public places. By allowing officers to cite individuals based on the readily observable possession of an open container, the proposed code change will equip personnel with a practical tool to reduce community litter, intervene before situations escalate, and help prevent potential DUIs by allowing officers to contact individuals drinking in business parking lots before they operate a vehicle.

At the January 26, 2026, Legislation/Environmental Committee meeting, staff presented a detailed overview of the existing enforcement challenges and the negative impacts that current legal limitations have on local communities and public spaces. Following this discussion, the committee formally approved the proposed amendments and directed staff to advance the updated Stockton Municipal Code revisions to the City Council for final consideration.

Present Situation
SMC Section 9.64.020 currently prohibits any person from drinking alcoholic beverages in specified public places, with violations classified as infractions. This restriction applies to public streets, alleys, sidewalks, parkways, school grounds, playgrounds, waterways, sloughs, and their respective beds, banks, or levees, unless the City Council has explicitly authorized alcohol consumption at a given location.

The existing code also extends this prohibition to certain private properties that are open to public view or hearing from the listed public areas. These locations include vacant lots, emergency exits of public assembly facilities (such as theaters and hotels), private automobiles, parking lots, railroad rights-of-way, school grounds, playgrounds. Consumption on these private properties is prohibited unless the property owner or lessee has granted prior permission.

Furthermore, SMC Section 9.64.020 prohibits drinking alcoholic beverages within any City-owned park designated by the City Manager pursuant to SMC 9.64.010, which includes City parks located outside municipal boundaries. This restriction is enforceable only when the designated park is properly posted with official signage stating that the consumption of alcoholic beverages is forbidden by law. To protect these regulatory notices, the code also establishes that removing or defacing any posted park sign is a separate violation.

The proposed amendment changes the focus of SMC Section 9.64.020 from drinking or consuming alcoholic beverages to possessing an open container of an alcoholic beverage in the locations identified in the ordinance. This change is intended to allow enforcement based on the observable possession of an open container rather than requiring direct observation of consumption. The proposed amendment also adds definitions for key terms used in the section and establishes exceptions for specified circumstances in which possession of an open container is authorized.

These exceptions include certain sidewalk or boardwalk tables associated with bona fide eating places, licensed or permitted areas within parks or other public spaces, approved City events, permitted temporary uses of public property, and entertainment zones. The amendment retains the existing park-posting requirements and the prohibition against unauthorized removal, defacement, or destruction of posted signs. Violations of the amended ordinance will continue to be punishable as City of Stockton Page 2 of 3 Printed on 10/9/2026
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infractions, consistent with the existing provision and State law.

FINANCIAL SUMMARY
Adoption of the amendment of the existing code is not expected to have a negative fiscal impact.

Attachment A - Proposed Ordinance - redline
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ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 9, CHAPTER 9.64, SECTION 9.64.020 OF THE

STOCKTON MUNICIPAL CODE TO PROHIBIT THE POSSESSION OF OPEN CONTAINERS

OF ALCOHOLIC BEVERAGES IN CERTAIN PUBLIC PLACES

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

SECTION I. FINDINGS AND INTENT
The City Council of the City of Stockton finds that amending Title 9, Chapter 9.64, Section

9.64.020 of the Stockton Municipal Code ("SMC") is necessary to address enforcement challenges associated with public alcohol consumption. The current municipal code prohibits public consumption but lacks a specific prohibition against possessing an open container in public, making enforcement dependent on proof of actual consumption rather than possession of an open container. Expanding enforcement from public consumption to the possession of open alcoholic beverage containers in public places promotes public safety, reduces public alcohol-related disturbances, decreases community litter, and provides law enforcement with a clear, consistent, and practical enforcement standard.

SECTION II. AMENDMENT OF CODE
Title 9, Chapter 9.64, Section 9.64.020 of the Stockton Municipal Code is hereby amended and shall read as follows:
§ 9.64.020. Drinking liquor in public. Possession of open containers of alcoholic beverages in public places.

A. It is unlawful and an infraction for any person to drink possess an open container of any alcoholic beverage in the following locations: malt, spirituous or vinous liquor containing more than one half of 1% of alcohol by volume.

1. In the following pPublic places, property, or vehicles in said public places, including, but not limited to: City facilities, public street, alley way, sidewalk, parkway, school grounds, playground, waterway, slough, or bed, bank or levee of a slough or waterway, unless the possessionconsumption of alcoholic beveragesliquor in such public place or places has been authorized by the Council of the City or other applicable provisions of this Code; or;

2. On the following pPrivate property open to public view or hearing from any of the public places named above, including, but not limited to: vacant lots, emergency exits of such places of public assemblage as theaters and hotels, private automobiles, parking lots, railroad rights-of-way, school grounds and play grounds,

ATTACHMENT A
243
unless permission for the possessionconsumption of alcoholic beveragesliquor on such private property has previously been given by the owner or lessee thereof; and

3. Within the limits of any park now owned or to be hereafter owned by the City, either inside or outside the limits of the City, which park has been designated by the City Manager pursuant to Section 9.64.010; provided, however, that the designated park has been posted as provided in subsection B of this section.

B. Posting of Signs. Each park which has been designated by the City Manager pursuant to subsection A of this section shall be posted with signs not less than one square foot in area and upon which, in lettering not less than one-half inches in height, appear the words, "CONSUMPTION POSSESSION OF AN ALCOHOLIC BEVERAGE WITHIN THIS PARK IS FORBIDDEN BY LAW. SMC 9.64.020(A)(3)."
C. Destruction of Property. It is unlawful for any person without authority to tear down, deface or destroy any sign posted pursuant to this section.

D. Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this section:

1. “Alcoholic beverage” means an alcoholic beverage as defined in California Business and Professions Code section 23004, as that section may be amended from time to time.

2. "Open container" means any bottle, can, jug, box or other receptacle containing an alcoholic beverage that is open, has been opened, or which has a broken seal.

3. "Public property" means any property owned or controlled by the city of Stockton, including, but not limited to, a street, sidewalk, bike path, alley, parking lot or public park.

4. "City facilities" means structures, buildings or parks owned or controlled by the city of Stockton.

E. Exceptions. This section does not prohibit the possession of an open container of an alcoholic beverage:

1. At sidewalk or boardwalk tables located within the area authorized by an encroachment permit issued by the City and adjacent to a bona fide public eating place, as defined in California Business and Professions Code section 23038, when the alcoholic beverage was lawfully purchased from the bona fide public eating place and possession and consumption at the sidewalk or boardwalk tables are authorized by the applicable license or permit issued by the Department of Alcoholic Beverage Control;

ATTACHMENT A
244

2. Within a structure or designated area located in a park or other public space for which the Department of Alcoholic Beverage Control has issued a license or permit authorizing the possession and consumption of alcoholic beverages;

3. At a City facility during an approved City event when the possession and consumption of alcoholic beverages have been specifically authorized by the City;

4. On public property for which the City has issued a permit for temporary use and occupancy, when the permit specifically authorizes the possession, sale, or consumption of alcoholic beverages as part of the permitted activity; or

5. In an entertainment zone during an entertainment-zone event, to the extent possession and consumption of alcoholic beverages are authorized by this Code. (Prior code §§ 5-132.1—5-132.3)
SECTION III. SEVERABILITY
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this article or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this article or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or ineffective.

SECTION IV. EFFECTIVE DATE
This ordinance shall be in full force and take effect 30 days after its passage.

ADOPTED: _________________
EFFECTIVE: ________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

BONNIE PAIGE, CMC
Interim City Clerk of the City of Stockton

ATTACHMENT A
245
ORDINANCE NO.

AN ORDINANCE AMENDING TITLE 9, CHAPTER 9.64, SECTION 9.64.020 OF THE

STOCKTON MUNICIPAL CODE TO PROHIBIT THE POSSESSION OF OPEN CONTAINERS

OF ALCOHOLIC BEVERAGES IN CERTAIN PUBLIC PLACES

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

SECTION I. FINDINGS AND INTENT
The City Council of the City of Stockton finds that amending Title 9, Chapter 9.64, Section

9.64.020 of the Stockton Municipal Code ("SMC") is necessary to address enforcement challenges associated with public alcohol consumption. The current municipal code prohibits public consumption but lacks a specific prohibition against possessing an open container in public, making enforcement dependent on proof of actual consumption rather than possession of an open container. Expanding enforcement from public consumption to the possession of open alcoholic beverage containers in public places promotes public safety, reduces public alcohol-related disturbances, decreases community litter, and provides law enforcement with a clear, consistent, and practical enforcement standard.

SECTION II. AMENDMENT OF CODE
Title 9, Chapter 9.64, Section 9.64.020 of the Stockton Municipal Code is hereby amended and shall read as follows:
§ 9.64.020. Possession of open containers of alcoholic beverages in public places.

A. It is unlawful and an infraction for any person to possess an open container of any alcoholic beverage in the following locations:

1. Public places, property, or vehicles in said public places, including, but not limited to:

City facilities, public street, alley way, sidewalk, parkway, school grounds, playground, waterway, slough, or bed, bank or levee of a slough or waterway, unless the possession of alcoholic beverages in such public place or places has been authorized by the Council of the City or other applicable provisions of this Code;

2. Private property open to public view or hearing from any of the public places named above, including, but not limited to: vacant lots, emergency exits of such places of public assemblage as theaters and hotels, private automobiles, parking lots, railroad rights-of-way, school grounds and play grounds, unless permission for the possession of alcoholic beverages on such private property has previously been given by the owner or lessee thereof; and

3. Within the limits of any park now owned or to be hereafter owned by the City, either 246
inside or outside the limits of the City, which park has been designated by the City Manager pursuant to Section 9.64.010; provided, however, that the designated park has been posted as provided in subsection B of this section.

B. Posting of Signs. Each park which has been designated by the City Manager pursuant to subsection A of this section shall be posted with signs not less than one square foot in area and upon which, in lettering not less than one-half inches in height, appear the words, "POSSESSION OF AN ALCOHOLIC BEVERAGE WITHIN THIS PARK IS FORBIDDEN BY LAW. SMC 9.64.020(A)(3)."
C. Destruction of Property. It is unlawful for any person without authority to tear down, deface or destroy any sign posted pursuant to this section.

D. Definitions. The following words and phrases, whenever used in this section, shall be construed as defined in this section:

1. “Alcoholic beverage” means an alcoholic beverage as defined in California Business and Professions Code section 23004, as that section may be amended from time to time.

2. "Open container" means any bottle, can, jug, box or other receptacle containing an alcoholic beverage that is open, has been opened, or which has a broken seal.

3. "Public property" means any property owned or controlled by the city of Stockton, including, but not limited to, a street, sidewalk, bike path, alley, parking lot or public park.

4. "City facilities" means structures, buildings or parks owned or controlled by the city of Stockton.

E. Exceptions. This section does not prohibit the possession of an open container of an alcoholic beverage:

1. At sidewalk or boardwalk tables located within the area authorized by an encroachment permit issued by the City and adjacent to a bona fide public eating place, as defined in California Business and Professions Code section 23038, when the alcoholic beverage was lawfully purchased from the bona fide public eating place and possession and consumption at the sidewalk or boardwalk tables are authorized by the applicable license or permit issued by the Department of Alcoholic Beverage Control;

2. Within a structure or designated area located in a park or other public space for which the Department of Alcoholic Beverage Control has issued a license or permit authorizing the possession and consumption of alcoholic beverages;

3. At a City facility during an approved City event when the possession and consumption of alcoholic beverages have been specifically authorized by the City; 247

4. On public property for which the City has issued a permit for temporary use and occupancy, when the permit specifically authorizes the possession, sale, or consumption of alcoholic beverages as part of the permitted activity; or

5. In an entertainment zone during an entertainment-zone event, to the extent possession and consumption of alcoholic beverages are authorized by this Code.

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

SECTION IV. EFFECTIVE DATE
This ordinance shall be in full force and take effect 30 days after its passage.

ADOPTED: _________________
EFFECTIVE: ________________

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

BONNIE PAIGE, CMC
Interim City Clerk of the City of Stockton
248
City of Stockton
Legislation Text
File #: 26-1097, Version: 1

APPROVE RESOLUTION ACCEPTING GRANT FUNDING FROM THE OFFICE OF COMMUNITY

ORIENTED POLICING TECHNOLOGY AND EQUIPMENT GRANT FOR THE COMBATTING CRIME IN REAL TIME PROGRAM IN THE AMOUNT OF $1,000,000

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

1. Authorize the City Manager, or designee, to accept an Office of Community Oriented Policing Services (COPS) Grant award allocation from the United States Department of Justice in the amount of $1,000,000; and

2. Authorize the City Manager, or designee, to execute all grant award documents as required by the United States Department of Justice and accept applicable terms and conditions; and

3. Amend the Fiscal Year 2026-27 Annual Budget to increase the Police Grants & Special Programs revenue and expenditure appropriation by $1,000,000; and

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

Summary
The United States Department of Justice’s Bureau of Justice Assistance (BJA) released a solicitation on June 2, 2026, for Fiscal Year (FY) 2026 for the COPS Technology and Equipment (TEP) Grant.

The award provides funding to expand the implementation of community policing and crime prevention through the development and procurement of equipment, technologies, and interoperable communications. Funds awarded under the TEP project will be utilized to develop and acquire effective law enforcement equipment, technologies, and interoperable communications that assist in responding to and preventing crime. The grant performance period is from January 23, 2026, to January 31, 2028.

DISCUSSION
Background
In March 2024, the Stockton Police Department (SPD) began working with Congressman Josh Harder to identify project funding needs. The “Combatting Crime in Real Time” was the priority area.

The Real Time Crime Center (RTCC) is a project that benefits from the collective expertise of its Crime Analysts, Camera Operators, Telecommunicators, and Police Officers using proven applications and technology by embedding crime analytics through its Telecommunications Center.

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The intent of the RTCC is to prevent crime, investigate, and apprehend criminals while gathering evidence to aid in the prosecution of those criminals. In July 2024, Congressman Harder submitted the funding request to the House Appropriations Committee on behalf of the City of Stockton.

On February 19, 2026, SPD received notification from the COPS Office awarding funds designated in the Consolidated Appropriations Act, 2026, in the amount of $1,000,000. SPD was required to submit a non-competitive grant application in July 2026 through COPS TEP.

Present Situation
Currently, SPD does not have a centralized hub for real-time intelligence and coordinated operations.

Information moves through multiple units and systems, often resulting in inconsistent situational awareness and reactive responses. While these distributed functions support individual tasks effectively, the current structure does not provide a unified, citywide picture of emerging incidents or trends, creating a significant opportunity to strengthen coordination, accelerate decision-making, and enhance proactive problem-solving.

SPD proposes to establish a fully operational RTCC that enhances public safety through centralized intelligence, improved situational awareness, and more efficient deployment of resources. The RTCC aims to create a modernized operational framework that enables SPD to proactively address violent crime, respond more effectively to critical incidents, and expand problem-solving efforts across the city.

On September 25, 2026, SPD received notification from the COPS Office, awarding funds in the amount of $1,000,000.

FINANCIAL SUMMARY
The SPD’s Investigations Division will coordinate operations of the grant program. The grant program does not require matching funds. Revenue and expenditures will require an increase in appropriation to the FY 2026-27 Police Special Grants fund.
· Revenue appropriation of $1,000,000 to the FY 2026-27 BJA COPS TEP grant in the Police’s Special Grants Fund - Reimbursements, Investigations Division. · Expenditure appropriation of $1,000,000 to the FY 2026-27 BJA COPS TEP grant in the Police’s Special Grants fund - Reimbursements, Investigations Division.

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Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION ACCEPTING GRANT FUNDING FROM THE OFFICE OF COMMUNITY ORIENTED POLICING IN THE AMOUNT OF $1,000,000 FOR THE COMBATTING CRIME IN REAL TIME PROGRAM, AND AMENDING THE FISCAL YEAR 2026-27

ANNUAL BUDGET
The City of Stockton is eligible to receive $1,000,000 in discretionary funding from the Office of Community Oriented Policing Services (COPS); and The Stockton Police Department’s (SPD) proposal includes equipment and software needed for an operational Real Time Crime Center (RTCC) to prevent crime, investigate, and apprehend criminals while gathering evidence to aid in the prosecution of those criminals; and
On February 19, 2026, SPD received notification from the COPS Office awarding funds designated in the Consolidated Appropriations Act, 2026 in the amount of $1,000,000. A non-competitive application package was submitted in July 2026, to receive grant funds. In accordance with the COPS Technology and Equipment (TEP) Grant, the proposed funds will be utilized to develop and acquire effective law enforcement equipment, technologies, and interoperable communications that assist in responding to and preventing crime; now, therefore,

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

1. The City Manager is hereby authorized to accept the grant award in the amount of $1,000,000 for the period of January 23, 2026, through January 31, 2028, and make all necessary appropriations in compliance with and for the purposes stated in the grant application.

2. The City Manager is hereby authorized to execute and submit all documents, including, without limitation, agreements, amendments with the granting agency, and payment requests in compliance with COPS TEP Grant requirements.

3. The Fiscal Year 2026-27 Annual Budget is amended to appropriate $1,000,000 in revenues and expenditures for the Police Grants and Special Programs accounts as needed to carry out the purpose and intent of this Resolution.
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2 4. The City Manager is authorized to take appropriate and necessary actions to carry out the purpose and intent of this Resolution.

PASSED, APPROVED, and ADOPTED October 13, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

BONNIE PAIGE, CMC
Interim City Clerk of the City of Stockton
252
City of Stockton
Legislation Text
File #: 26-1111, Version: 1

RESOLUTION AUTHORIZING AN AGREEMENT WITH THE PORT OF STOCKTON AND

AUTHORIZING NECESSARY EXPENDITURE FOR THE BUCKLEY COVE INLET MAINTENANCE

DREDGING PROJECT

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

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

2. Authorizing the City Manager to enter into a Dredged Sediment Agreement with the Port of Stockton (Port) for use of the Roberts Island Dredged Material Placement Site for Capital Improvement Project EV22601, including payment of the applicable dredged sediment tipping fee; and

3. Authorizing the City Manager, or designee, to approve necessary budget amendments and establish or modify expenditure accounts, as may be required to implement the Dredged Sediment Agreement and associated project costs; and

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

Summary
It has been determined that while the actions and methods of depositing the dredged sediments from the Buckley Cove Dredging project onto the approved location within the Port of Stockton’s Roberts Island are included in the dredging contractor’s contract, the fees associated with the deposits of silt due to the Port of Stockton for use of their land were not included. To correct this administrative oversight, it is necessary for the City to enter into a Dredged Sediment Agreement with the Port of Stockton (Port) for use of the Roberts Island Dredged Material Placement Site, including payment of the applicable dredged sediment tipping fee. The estimated amount of the “tipping fee” was anticipated and is available in the capital project, so no additional allocation of funding is necessary.

This action is critical to allow the project to commence in mid-October with a completion date of not later than November 30, 2026, per the terms of the State’s dredging season. The action requested will allow the City Manager to enter into the required agreement (Exhibit 1 to the proposed Resolution). Suspension of the City’s competitive bidding process is necessary as the Port is the nearest authorized deposit site, certified by the State, thus making competitive bids unavailable. The proposed Resolution allows for the payment of the applicable dredged sediment tipping fee and authorizes the City Manager, or designee, to make any necessary budget and/or expenditure account City of Stockton Page 1 of 3 Printed on 10/9/2026
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amendments required to implement the agreement and associated project costs, and take any other necessary and appropriate actions to carry out the purpose and intent of the Resolution.

DISCUSSION
Background
The property located at 4911 Buckley Cove Way is held by the City of Stockton under a grant of trust from the State Lands Commission for purposes related to navigation, commerce, and fisheries. The property includes the Buckley Cove inlet, which is shared with two adjacent long-term waterfront lessees, RiverPoint Landing and Pacific Boat Services Inc. (PBS), both of which operate marina facilities serving recreational boaters. Over time, sediment accumulation within the shared channel has reduced water depth and affected vessel access and navigation.

In 2023, the City began a multi-phase effort to address these conditions, including engineering, permitting, sediment analysis, and development of construction specifications. That work supported the current dredging phase of the project. Funding for the project and the construction agreement with The Dutra Group (Dutra) were subsequently approved by the City Council through Resolution No. 2026-04-28-1205 (Attachment A), authorizing implementation of the Buckley Cove Inlet Dredging Project and related dredging services.

Present Situation
As the project advanced into pre-construction and final coordination with Dutra, the Port, and the City’s project consultant, Anchor QEAa contractual inconsistency was identified in the process originally contemplated for payment of the dredged sediment tipping fee. The project solicitation established that the City would be responsible for payment of the Port’s tipping fee; however, the Port’s Dredged Sediment Agreement initially required Dutra to enter into the agreement and make payment directly to the Port. This created a conflict with the procurement terms and required the City and project stakeholders to quickly identify an alternative contractual approach.

Following coordination among the City, Port, Dutra, and Anchor QEA, it was determined that the City would enter directly into the Dredged Sediment Agreement with the Port for use of the Roberts Island Dredged Material Placement Site. This agreement will also include Dutra, defining their underlying dredging scope and operational responsibilities. The agreement permits placement of up to approximately 40,000 cubic yards of clean dredged material at Roberts Island and establishes a tipping fee of $7.00 per cubic yard, with the final cost based on the actual quantity of material placed.

Execution of the recommended agreement is critical in maintaining the project schedule is critical due to the Central Valley Regional Water Quality Control Board’s (CVRWQCB) Notice of Applicability (NOA) authorizing the approved project work period as July 1 through November 30. The NOA also identifies Roberts Island as the approved dredged material placement site.

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

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a. The Port of Stockton’s Roberts Island Dredging Material Placement Site is identified and approved by the Central Valley Regional Water Quality Control Board for replacement of dredging material generated by the Buckley Cove Inlet Maintenance Dredging Project; b. The Port of Stockton owns and controls the Robert Island Dredged Material Placement Site and is the only entity authorized to provide access to and accept dredged material at the approved site;
c. No comparable alternative provider or placement site has been identified that can meet the project's existing regulatory, operational, and schedule requirements; d. Use of Robert’s Island is necessary to maintain the project schedule and complete dredging within the approved July 1 through November 30 dredging period; and e. Completion of the dredging project is necessary to restore and maintain navigational access within the Buckley Cove inlet and support marina operations, recreational boating, commerce, and fisheries.

FINANCIAL SUMMARY
The Dredged Sediment Agreement establishes a tipping fee of $7.00 per cubic yard for material placed at the Roberts Island Dredged Material Placement Site. Based on the agreement’s allowance of up to approximately 65,840 cubic yards of clean dredged material, the maximum estimated tipping fee is approximately $280,000, with the final cost based on the actual quantity of material placed.

Funding for the Buckley Cove Inlet Dredging Project was previously approved and is available within the CIP EV22601. As a result, no additional General Fund impact is anticipated from this action. Any necessary budget adjustments or expenditure account modifications required to process the Port’s tipping fee and implement the agreement will be completed within the project’s existing approved funding authority.

Attachment A - Resolution No. 2026-04-28-1205
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Resolution No. 2026-04-28-1205

STOCKTON CITY COUNCIL

RESOLUTION APPROVING AN AGREEMENT WITH DUTRA GROUP LLC FOR

SERVICES RELATED TO THE MAINTENANCE DREDGING OF THE BUCKLEY COVE

INLET, AUTHORIZING FUNDING APPROPRIATIONS, AND APPROVING AMENDMENT NO. 1 WITH PACIFIC BOAT SERVICES INC
Dredging operations at the Buckley Cove inlet located at 4911 Buckley Cove Way have become necessary because sediment has accumulated in the shared channel, significantly reducing water depth and impeding vessel navigation; and Buckley Cove inlet is shared with two adjacent long-term waterfront lessees RiverPoint Landing Marina & Resort (RiverPoint) and Pacific Boat Services Inc. (PBS) - both of which provide marina facility operations for recreational boaters; and To proceed with dredging and relocation in accordance with State requirements, the City must complete funding appropriations, execute a construction agreement, and establish a cost-sharing and repayment structure with PBS; and In June 2025, the Economic Development Department released an Invitation for Bids to procure a contractor for the maintenance dredging of the Buckley Cove inlet.

Based on a review of the responses, staff identified Dutra Group LLC as the lowest responsive and responsible bidder; and
On April 14, 2026, Council approved by Motion 2026-04-14-1602-02, a $2.2 million allocation to the project, which includes $1,700,00 from Community Facilities District funds and $500,000 from the General Fund; now, therefore,

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

1. The City Manager, or designee, is authorized to appropriate a total of $4,200,000 in funding and expenditure authority to Capital Improvement Project EV22601 for the Buckley Cove Inlet Project, funded as follows: $1,700,000 of Communities Facilities District funds, $500,000 of General Fund to be repaid back to City through a (10) year repayment plan with Pacific Boat Services Inc., $1,000,000 from RiverPoint Landing Marina & Resort pursuant to lease obligations, and a $1,000,000 from the Boat Launching Facilities Fund.

2. The City Manager, or designee, is authorized to execute Amendment No.1 to Contract No. 422000045 with Pacific Boat Services Inc. that will establish a ten (10) year repayment plan to reimburse the City's General Fund (Exhibit 2).

ATTACHMENT A
256

3. The City Manager, or designee, is authorized to receive, deposit, appropriate, and establish revenue budgets for repayment revenues from Pacific Boat Services Inc. and RiverPoint Landing Marina & Resort, with such revenues returned to the General Fund.

4. The City Manager, or designee, is authorized to approve necessary budget amendments and establish expenditure and revenue accounts, as may be required to implement project funding.

5. The City Manager, or designee, is authorized to execute an agreement with Dutra Group LLC in an amount not to exceed $2,900,000, for services to dredge the inlet located at 4911 Buckley Cove Way (Exhibit 1).

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

PASSED, APPROVED, AND ADOPTED April 28, 2026
ATTEST:

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

CHRISTINA FUGAZI
Mayor of the City of Stockton

OCKTON FOUNDED JUAA
CODA18 RPORATED JULL

ATTACHMENT A
257
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION AUTHORIZING AN AGREEMENT WITH THE PORT OF STOCKTON,

AND AUTHORIZING NECESSARY EXPENDITURE FOR THE BUCKLEY COVE INLET

MAINTENANCE DREDGING PROJECT
Dredging operations at the Buckley Cove inlet located at 4911 Buckley Cove Way have become necessary because sediment has accumulated in the shared channel, significantly reducing water depth and impeding vessel navigation; and In June 2025, the Economic Development Department released an Invitation for Bids to procure a contractor for the maintenance dredging of the Buckley Cove inlet.

Based on a review of the responses, staff identified Dutra Group LLC (Dutra) as the lowest responsive and responsible bidder, and City Council approved a construction contract with Dutra; and
As the project advanced into pre-construction and final coordination, staff identified that the project solicitation established that the City would be responsible for payment of the Port of Stockton’s (Port) dredged sediment tipping fee. The City is required to enter into a Dredged Sediment Agreement (Agreement) with the Port and Dutra to address the tipping fee responsibility; and
On April 14, 2026, Council approved by Motion 2026-04-14-1602-02, a $2.2 million allocation to the project, which includes $1,700,00 from Community Facilities District funds and $500,000 from the General Fund. Thus, there is funding available to pay for the Port’s tipping fee; now, therefore,

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

1. The City Council approves findings pursuant to Stockton Municipal Code (SMC) 3.68.070 in support of an exception to the competitive bidding process. These findings include:
a. The Port of Stockton’s Roberts Island Dredging Material Placement Site is identified and approved by the Central Valley Regional Water Quality Control Board for replacement of dredging material generated by the Buckley Cove Inlet Maintenance Dredging Project;
b. The Port of Stockton owns and controls the Robert Island Dredged Material Placement Site and is the only entity authorized to provide access to and accept dredged material at the approved site;
258
c. No comparable alternative provider or placement site has been identified that can meet the project's existing regulatory, operational, and schedule requirements;
d. Use of Robert’s Island is necessary to maintain the project schedule and complete dredging within the approved July 1 through November 30 dredging period; and
e. Completion of the dredging project is necessary to restore and maintain navigational access within the Buckley Cove inlet and support marina operations, recreational boating, commerce, and fisheries.

2. The City Council approves findings and authorizes the City Manager to execute the Dredging Sediment Agreement with the Port and Dutra for use of the Roberts Island Dredging Material Placement Site for CIP EV22601, including payment of the applicable dredging sediment tipping fee, a copy of which is attached as Exhibit 1 and incorporated by this reference.

3. The City Manager, or designee, is authorized to approve necessary budget amendments and establish or modify expenditure accounts, as may be required to implement the Dredging Sediment Agreement and associated project costs.

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

PASSED, APPROVED, AND ADOPTED October 13, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

BONNIE PAIGE, CMC
Interim City Clerk of the City of Stockton
259

DREDGED SEDIMENT AGREEMENT
This Agreement is entered as of the date of the last signature below, by and between the Port of Stockton, political subdivision of the State of California (Port), The City of Stockton (City), a municipal corporation, and The Dutra Group (Dutra). Port, City, and Dutra may be collectively referred to as the Parties.

1. Recitals.

A. Dutra will be performing sediment removal at Buckley Cove Marina on behalf of the City.

B. Port owns certain real property located on Roberts Island in San Joaquin County State of California, more specifically described in Exhibit A which is attached hereto and incorporated herein by this reference (Dredge Sediment Placement Site).

C. The City desires to place dredged sediment upon the Dredged Sediment Placement Site, and the Port is willing to accept the dredged sediment material pursuant to the terms of this Agreement.

D. The City has satisfied the California Environmental Quality Act (CEQA) and obtained all required government permits in order to conduct the dredging in conformity with the approved dredging plan. The statute of limitations to file a lawsuit challenging the CEQA compliance has lapsed with no litigation being filed against the City of Stockton.

E. The City has obtained approval for the placement of dredged material at the Dredge Sediment Placement Site from the Central Valley Regional Water Quality Control Board (CVRWQCB) as evidenced by Notice of Applicability No. R5-2009-0085-026 (NOA) issued by the CVRWQCB declaring that placement of the sediment is authorized at the Dredged Sediment Placement Site, attached hereto and incorporated as Exhibit B.

NOW, THEREFORE, in consideration of the mutual promises and considerations herein, and in light of the circumstances outlined in the Recitals, which are incorporated fully herein by this reference, the Parties agree as follows:

1. Conditions Precedent to Permit for Discharge of Dredged Material at Dredged Sediment Placement Site.
a. The City shall furnish to Port all documentation describing the type of sediment (e.g. silt, silty sand, silt with sand, sandy silt, lean clay, sandy lean clay, etc.) that Dutra intends to deposit onto the Dredged Sediment Placement Site. b. The City shall provide to the Port comprehensive analytical laboratory tests and shall certify that the material contains no constituents that exceed criteria imposed by the CVRWQCB and that the material meets the requirements of the Notice of Intent/Dredging Permit Application (NOI), Notice of Applicability (NOA) and General Order No. R5-2009-0085 General Waste Discharge Requirements (WDR) for Maintenance Dredging operations Sacramento-San
EXHIBIT 1
260
Joaquin Delta (General Order) adopted by the CVRWQCB.
c. The City shall provide to the Port the Notice Of Applicability (NOA) for discharge of dredged material from the CVRWQCB, all sampling and analysis of water, and material required to meet the conditions set forth in the NOA and WDRs including background monitoring if necessary and providing all engineering and material quantity data and water quality data taken at the Dredged Sediment Placement Site.
d. Within five business days of the City furnishing the documentation and testing required by this Paragraph, the Port must provide written approval of the dredged material subject to being deposited at the Dredged Sediment Placement Site. If the Port does not provide such written approval of the quality of material proposed to be deposited at the Dredged Sediment Placement Site, it shall notify the City within five business days of the City furnishing the documentation and testing required by this Paragraph that the Port does not intend to provide written approval and then this Agreement shall automatically terminate and the City shall have no rights against the Port.

2. Permit. During the term of this agreement, the Port grants the City and its contractor, Dutra, permission to discharge up to approximately 65,840 cubic yards of clean dredged material on the Dredged Sediment Placement Site subject to the terms and conditions set forth in this Agreement.

3. Right of Entry. During the term of this Agreement, Port grants the City , its officers, employees, agents, and contractors, permission to enter the Dredged Sediment Placement Site with all the necessary equipment for the purpose of placing material as part of the Buckley Cove Marina maintenance dredging project. Port's permission to enter is expressly conditioned on the City to ensure that Dutra complies with each and every responsibility under this Agreement and depositing only dredge sediment material that meets the Port's quality standards.

4. Term. The term of this Agreement shall be for one year after the Effective Date of this Agreement. No dredge sediment shall be placed at the Dredged Sediment Placement Site after this Agreement lapses without a new agreement being executed between the Parties.

5. Payment.
a. The City shall pay to Port $7.00 per cubic yard (CY) of dredged sediment material deposited in the Dredged Sediment Placement Site (Deposit Fee). The City shall pay the Deposit Fee within forty-five (45) calendar days from the last day that it deposits any dredged sediment material in the Dredged Sediment Placement Site.

6. Discharge Conditions for Dredged Sediment Material.
a. Dutra shall discharge sediment material within the diked area approved by the Port that is located in the Dredged Sediment Placement Site as shown in Exhibit A.

Two (2) feet of freeboard minimum must be maintained at all times. If the existing dikes need improvement, Port shall be given the opportunity to review EXHIBIT 1
261
and approve the materials and methods used in constructing the diked area before discharging material into the approved diked area.
b. Dutra shall discharge material in a manner consistent with all applicable material disposal/reuse plans, the NOA, and WDRs adopted by the CVRWQCB.

7. Reuse of Dredge Material.
a. Dutra shall deliver only dredged material that the CVRWQCB concludes from the NOA, or equivalent document, poses no significant risk to reuse for on-island or off-island export purposes, and, subject to the terms and conditions of this Paragraph 7, may be reused without additional approvals. Dutra is prohibited from delivering all other dredge material, that does not meet these criteria to the Dredged Sediment Placement Site.
b. Dredged material discharged by Dutra pursuant to this Agreement is authorized to be reused in accordance with the requirements of the NOA, attached hereto as Exhibit B.
c. Subject to the terms and conditions of this Paragraph 7, Port shall have the right to use the sediment material and the right to assign such right in full or in part to any entity upon providing written notice to the City at least forty-five (45) calendar days prior to the use or assignment of the right to use the sediment material. d. Hazardous Material. If any hazardous materials, or other constituents that do not meet the criteria established under the Notice of Applicability, Waste Discharge Requirements, or other applicable regulatory permits, are identified in the dredged material placed at the Dredged Sediment Placement Site, the City shall be solely responsible for all actions necessary to address such materials. The City’s responsibility shall include, without limitation, the investigation, removal, transportation, and proper disposal of the hazardous or nonconforming dredged material, as well as all associated costs, liabilities, and regulatory compliance obligations.

For avoidance of doubt, the City’s responsibility under this Paragraph applies only to hazardous or nonconforming materials generated from, arising out of, or included within the dredged material delivered as part of the Buckley Cove Marina maintenance dredging project. Nothing in this Agreement shall be construed to impose responsibility on the City for hazardous materials or contamination that pre-exist at the Dredged Sediment Placement Site or that are unrelated to the dredged material generated from the project. e. – Language regarding City responsibility for hazardous or nonconforming dredged material.

8. The Dutra Group Obligations.
a. Dutra shall ensure access along the levee road during dredged material placement at the Dredged Sediment Placement Site.
b. Dutra shall notify the Port Engineer or such other representative appointed by Port prior to conducting any activities on the site.

EXHIBIT 1
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c. The City shall provide the Port with a Completion Report, from Dutra, within Thirty (30) calendar days of placing material on the Dredged Sediment Placement Site on Roberts Island. The Completion Report shall contain but not be limited to the following information: a description of the quantity of material at each site, analytical results of any tests conducted during or after placement of material and an assessment of the site conditions at the time of project completion. d. Port shall notify the City within ten (10) business days of any claim, action or proceeding served upon Port, where such claim, action or proceeding may trigger The Dutra Group’s obligation to defend, indemnify or hold Port harmless pursuant to this Agreement. Such notice shall specifically identify facts underlying such claim for indemnification.
e. Port shall provide all assistance reasonably requested by City pertaining to any such matter.
f. The City shall fully reimburse Port for its indemnification obligations pursuant to this Agreement within Forty-Five (45) calendar days of receipt of an itemized written invoice from Port.

9. Insurance. The City shall furnish to Port a Certificate of Insurance before dredging or disposal activities commence, stating that there is liability insurance presently in effect for the City with bodily injury and property damage limits of not less than $1,000,000 per occurrence. The Certificate of Insurance will provide:
a. That the insurer will not cancel the insured's coverage without Thirty (30) calendar days' prior written notice to Port.
b. The Port their agents, officers, trustees, and employees are included as additional insureds, but only insofar as activities under this Agreement are concerned. c. That Port will not be responsible for any premiums or assessments on the policy.

The City agrees that the bodily injury liability insurance herein provided for shall be in effect at all times during the term of this Agreement. In the event said insurance coverage expires at any time or times during the term of this Agreement, The City agrees to provide at least Thirty (30) calendar days prior to said expiration date, a new Certificate of Insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of the Agreement. New Certificates of Insurance are subject to the approval of the Port. In the event The City fails to keep in effect at all times insurance coverage as herein provided, Port may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event.

10. Notice. All notices or other communications required or permitted hereunder shall be deemed to have been received either (a) when delivered by hand and the Party giving such notice has received a signed receipt thereof; or (b) one (1) calendar day following the date deposited with Federal Express or other recognized overnight courier; or (c) the date transmitted by electronic mail (with a confirmation copy delivered in person or by First Class U.S. Mail contemporaneously therewith), addressed as follows (or addressed in such other manner as the Party being notified shall have requested by written notice to the other EXHIBIT 1
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Party); however, only attachments to electronic mail shall be considered notices and nothing within the body or subject line of an electronic mail shall be considered a notice under this Agreement:

If to The Dutra Group:

The Dutra Group
Attn: Chris Milam
2350 Kerner Blvd., Suite 200
San Rafael, CA 94901
Phone: (415) 258-6876
Email:

If to the City:

City of Stockton
Attn: Tina McCarty
501 W. Weber Ave
Building 2 – 4th Floors
Phone: (209) 937-8907
Email: [email protected]
If to Port:

Port of Stockton
Attn: Jason Cashman
315 Fyffe Avenue
Stockton, CA 95203
Phone: (209) 946-0246
Email: [email protected]

11. Miscellaneous.
a. Dutra and the City shall have no right to remove the material unless removal is ordered by the Port or CVRWQCB to do so.
b. The Parties shall cooperate with each other in the implementation of this Agreement. c. All the terms and provisions of this Agreement will be construed in accordance with and governed by the laws of the State of California, regardless of where this Agreement may be executed by the Parties.
d. This Agreement constitutes the entire agreement among the Parties with respect to the subject matter hereof and may be amended or superseded only by a writing executed by all Parties.
e. This Agreement shall be binding on and inure to the benefit of each of the Parties and their respective successors and assigns.

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f. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision of this Agreement. g. The waiver by any Party of a breach of any provision of this Agreement will not operate, or be construed, as a waiver of any subsequent breach of any provision of this Agreement.
h. This Agreement may be executed in one or more parts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. i. The headings used in this Agreement for various sections and subsections are provided only for informational purposes and do not have any legal effect. j. The following Paragraphs shall survive termination of this Agreement: Paragraphs 5, 7, and 9.

IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT.

THE DUTRA GROUP
By:

President
PORT OF STOCKTON, a
Political Subdivision of the State of
California
Port Director

THE CITY OF STOCKTON
By:

City Manager
APPROVED AS TO FORM:

By:
________________________________
___
Donald Larkin, Interim City Attorney

ATTEST:

City Clerk

EXHIBIT 1
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By
_______________________________
____
Bonnie Page, Interim City
Clerk
EXHIBIT 1
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City of Stockton
Legislation Text
File #: 26-1123, Version: 1

ADOPT RESOLUTION APPROVING THE ANNUAL DISPLAY OF THE JUNETEENTH FLAG

RECOMMENDATION
It is recommended that the City Council:

1. Adopt a resolution to have the Juneteenth Flag displayed annually, for one week, in commemoration of the Emancipation of Enslaved African Americans on June 19, 1865; and

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

Summary
The City Council adopted the City of Stockton Flag Display Policy, Chapter 2.07 of the Council Policy Manual, in 2019 to ensure that the City could exercise control over any commemorative flags raised on City flagpoles (Attachment A). The policy ensures that the raising of such commemorative flags is an act of government speech subject to the full discretion of the City Council.

In July of 2026, the Legislation and Environmental Committee voted to forward a recommendation that the City Council adopt a resolution to have the Juneteenth Flag displayed annually, for one week, in commemoration of the emancipation of enslaved African Americans on June 19, 1865.

DISCUSSION
Background
Prior to the adoption of the Flag Display Policy, the City of Stockton displayed only the United States Flag, the California State Flag, and the City of Stockton Flag on the flagpole located at Stockton City Hall. There are both Federal and State regulations which dictate how the United States Flag and the California Flag must be displayed.

On November 5, 2019, the City Council voted unanimously to adopt the policy via Resolution 2019- 11-05-1103 (Attachment A). On July 27, 2026, the City Legislation and Environmental Committee approved by motion to forward a recommendation that the City Council adopt a resolution to have the Juneteenth Flag displayed in commemoration of the emancipation of enslaved African Americans on June 19, 1865, annually for the week of June 19th.

Present Situation
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At the July 27, 2026, Legislation and Environmental Committee meeting, the Committee members voted unanimously to forward to the City Council a recommendation to display the Juneteenth Flag, commemorating the emancipation of enslaved African Americans on June 19, 1865, annually for the week of June 19th.

FINANCIAL SUMMARY
There is no financial impact on the City of Stockton related to this agenda item.

Attachment A - Resolution 2019-11-05-1103
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ATTACHMENT A
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EXHIBIT 1
[Type here]
SUBJECT: FLAGS, FLAGPOLES, DISPLAY NUMBER: Title 2, Chapter 2.07 ADOPTED DATE: RESOLUTION NUMBER:

LAST AMENDED:

Not applicable.

RESOLUTION NUMBER:

Not applicable.

COUNCIL POLICY CONTACT:

City Council, Chair, Legislative Committee
CITY DEPARTMENT CONTACT:

City Manager
POLICY
1) PURPOSE
The purpose of this policy is to provide procedural guidance for the displays of National, State, and other flags. In adopting this policy, the City Council declares that City of Stockton flagpoles, flagpoles located at City-owned buildings and facilities, are not intended to serve as a forum for free expression of the public.
2) FLAGS
i) United States Flag and State of California Flag. The United States Flag and the State of California Flag shall be displayed in accordance with Federal and State law, including Title 4 and Title 36 of the United States Code and Sections 430 through 439 of the California Government Code. ii) City of Stockton Flag. The City of Stockton Flag, if displayed on a City flagpole with the United States Flag and California State Flag, shall be placed in the third position of honor below the United States Flag and California State Flag.
iii) Sister City Flags. The flags of the City of Stockton’s Sister Cities (“Sister City Flags”) may be displayed in accordance with this policy.
iv) Commemorative Flags.
(1) “Commemorative Flag” shall mean any flag which identifies with a specific date, historical event, cause, nation or group of people, whereby the City honors or commemorates the date, event, cause, nation or people by flying the flag.
(2) The City shall display Commemorative Flags only if authorized by the City Council as an expression of the City’s Official speech in accordance with the procedures outlined in this policy.

FLAG DISPLAY POLICY CPM 2.07

ATTACHMENT A
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EXHIBIT 1
[Type here]
3) CITY FLAGPOLES
i) The City’s flagpoles are not intended to serve as a forum for free expression by the public. ii) Display of Flags
(1) City flagpoles will only display flags that may be safely accommodated on the respective pole. (2) The City Council may, by resolution, direct City staff to display Commemorative Flags as an expression of the City’s official sentiments.
(a) Commemorative Flags may be displayed on the flagpole(s) outside of Stockton City Hall provided a flagpole(s) is available for such use.
(b) Other than those flagpoles identified in section (a) above, no other City flagpoles shall fly Commemorative Flags.
(c) Commemorative Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than seven (7) continuous days.
(d) Commemorative Flags shall be of sufficient quality for outdoor display. Commemorative Flags will not be displayed on days when the weather is inclement, except when allweather flags are used. (e) If a Commemorative Flag is displayed with the United States Flag or the State of California Flag, it shall not be larger in size than the United States Flag or the State of California Flag.
(f) The City Council shall only consider a request to display a Commemorative Flag if the request is made by a member of the Stockton City Council. Requests to display Commemorative Flags may be placed on the City Council’s meeting agenda in accordance with City Council Policy 4.01.010. The City will not display a Commemorative Flag based on a request from a third party.
iii) The City Manager shall maintain a policy to provide uniform guidelines for flying flags at half-staff.

This half-staff policy will be consistent with Federal laws, including Title 4 of the United States Code.
4) FLAGS INSIDE CITY HALL LOCATIONS
i) Flags inside Stockton City Hall Lobby
(1) The United States Flag and Sister City Flags may be displayed in the lobby area of Stockton City Hall, provided there is sufficient space available to display the flags. (2) Other than the flags identified in section (1) above, no Commemorative Flags shall be displayed in the lobby area of Stockton City Hall.

ATTACHMENT A
271
EXHIBIT 1
[Type here]
ii) Flags inside City Council Chambers
(1) The United States Flag, the California State Flag, the City of Stockton, and a Military Service Support Flag shall be the only flags displayed in the City Council Chambers. (2) The flags in the City Council Chambers shall be displayed in the following order:
(a) The United States Flag shall be displayed on the Mayor and City Council’s right as they face the audience.
(b) The California State Flag shall be displayed on the Mayor and City Council’s left as they face the audience.
(c) The City of Stockton flag shall be displayed between the United States Flag and the California State Flag.
(d) A Military Service Support Flag shall be displayed to the left of the California State Flag, to the Mayor and City Council’s far left as they face the audience.

RESPONSIBILITIES
Public Works
Maintain the City flagpole located at City Hall. Raise and lower flags in accordance with City policies and/or Council resolution.

Clerk’s Office
Display Sister City Flags in the City Hall Lobby and provide City of Stockton flags for display.

City Manager
Maintain a policy to provide uniform guidelines for flying flags at half-staff.

City Council
Request, consider, and adopt resolutions for the display of Commemorative Flags as government speech.

RELEVANT AUTHORITY
United States Code, Title 4 and Title 36
California Government Code Sections 430 through 439
RELATED ADMINISTRATIVE DIRECTIVE, CITY POLICY, CITY PROCEDURE Administrative Directive – Flying Flags at Half Staff <AD.11.06> RELATED FORMS, DOCUMENTS, OR LINKS
City of Stockton, Sister Cities, http://www.stocktongov.com/discover/sister.html

ATTACHMENT A
272
EXHIBIT 1
[Type here]
FREQUENTLY ASKED QUESTIONS
Not applicable.

UPDATE HISTORY
Not applicable.

ATTACHMENT A
273
Resolution No.

STOCKTON CITY COUNCIL

RESOLUTION APPROVING THE ANNUAL DISPLAY OF THE JUNETEENTH FLAG

INCOMMEMORATION OF THE EMMANCIPATION OF ENSLAVED AFRICAN AMERICANS ON JUNE 19, 1865
City Council Policy 2.07 regulates the display of National, State, and other flags and clearly states that the City of Stockton flagpoles located at City-owned buildings and facilities are not intended to serve as a forum for free expression of the public; and The City Council may, by resolution, direct staff to display commemorative flags as an expression of the City’s official sentiments; and The City Council desires to display the Juneteenth flag to commemorate the Emancipation of Enslaved African Americans on June 19, 1865; now, therefore,

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

1. The City Council authorizes the City Manager to have the Juneteenth flag displayed annually on June 19th.

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

PASSED, APPROVED, and ADOPTED October 13, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
_____

BONNIE PAIGE, CMC
Interim City Clerk of the City of Stockton
274
City of Stockton
Legislation Text
File #: 26-1141, Version: 1

APPOINTMENTS TO CITY COUNCIL COMMITTEES AND COMMISSIONS

RECOMMENDATION
Adopt Resolution approving the Mayor’s appointments to the Council Committees and other committees/organizations/boards.

DISCUSSION
Background
Council Policy 3.06 (Attachment A) provides for Council Committees to be established by the Mayor with City Council concurrence. Council Committees shall be comprised of a Chairperson, ViceChairperson, one regular member, and an alternate member appointed by the Mayor with concurrence of the Council. In addition, there are committees/organizations/boards to which one or two Councilmembers are appointed. A roster of appointments shall be updated and revised as new appointments occur and are confirmed by City Council resolution. The Mayor shall not be appointed to serve on any Standing Committee except the Council Budget/Finance/Economic Development Committee.

Present Situation
The Mayor’s recommendations to the established Council Committees are listed on the updated roster Exhibit 1 for Council concurrence.

FINANCIAL SUMMARY
There is no financial impact in revising the Council Committee Appointment Roster.

Attachment A - Council Policy 3.06
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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ATTACHMENT A
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Resolution No.

STOCKTON CITY COUNCIL
RESOLUTION REVISING THE MAYOR’S APPOINTMENTS TO COUNCIL

COMMITTEES
The Mayor has recommended updating the Council Committee’s Roster with concurrence of the City Council; and
Council Policy 3.06 provides that Council Committees shall be established by the Mayor with City Council concurrence. A roster of appointments shall be updated and revised as new appointments occur and are confirmed by City Council resolution; and Attached to this Resolution is an update Roster per the Mayor’s recommendations and marked as Exhibit 1; now therefore,

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

1. City Council concurs with the Mayor’s recommendations for revising the Committee Roster.

PASSED, APPROVED, and ADOPTED October 13, 2026 .

CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:

BONNIE PAIGE, CMC
Interim City Clerk of the City of Stockton
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284
285
286
287
City of Stockton
Legislation Text
File #: 26-1146, Version: 1
RECONSIDERATION OF RESOLUTION NO. 2025-01-07-0301 RATIFYING THE APPOINTMENT OF DISTRICT 6 COUNCILMEMBER JASON LEE AS VICE MAYOR

RECOMMENDATION
It is recommended that the City Council:
· Conduct a public discussion regarding reconsideration of Resolution No. 2025-01-07- 0301, adopted January 7, 2025, ratifying the appointment of District 6 Councilmember Jason Lee as Vice Mayor of the City of Stockton.
· Consider whether the continued appointment of Councilmember Jason Lee as Vice Mayor serves the institutional and operational interests of the City Council. · Provide direction regarding any further action consistent with Article XI, Section 1103 of the Stockton City Charter, the Council Policy Manual, and applicable law.

Summary
At its January 7, 2025, meeting, the Stockton City Council unanimously approved Resolution No. 2025-01-07-0301, ratifying Mayor Christina Fugazi's nomination of District 6 Councilmember Jason Lee to serve as Vice Mayor.

The appointment was approved under Agenda Item 3.1, Legislative File No. 25-0002, by a vote of 7-

0. The resolution established a term commencing January 7, 2025, and continuing through December 31, 2026, following the next general municipal election.

Pursuant to Section 4.02.010(7)(B) of the Stockton City Council Policy Manual, an item previously voted upon may return for consideration when at least six months have elapsed since the Council's last vote on the matter.

More than six months have elapsed since the original appointment. Therefore, the prior resolution is eligible for renewed Council consideration under the City's adopted agenda procedures.

The purpose of this item is to provide the City Council with an opportunity to publicly revisit the appointment, evaluate the Vice Mayor designation, and determine whether further action is warranted and permissible.

DISCUSSION
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Background
Background
A. Article XI, Section 1103 of the Stockton City Charter establishes the office of Vice Mayor.
i. The Charter provides that the Mayor shall nominate one of the Councilmembers to serve as Vice Mayor, subject to ratification by the City Council. ii. Section 1103(a) states that the term commences upon ratification and continues through December 31 following the next general municipal election. iii. On January 7, 2025, Mayor Christina Fugazi nominated Councilmember Jason Lee for the position.
iv. The City Council approved the nomination through Resolution No. 2025-01-07-0301. v. The motion was made by Councilmember Michele Padilla and seconded by Councilmember Michael Blower. All seven members of the City Council, including Councilmember Lee, voted in favor.
vi. The appointment, therefore, constituted an affirmative action of the full City Council.

B. Authority to Reconsider a Previously Approved Agenda Item i. Section 4.02.010(7) of the Stockton City Council Policy Manual governs the return of previously approved agenda items.
ii. The policy establishes three procedural circumstances under which an item may return for consideration:

1. A motion for reconsideration has been approved pursuant to Rosenberg's Rules of Order.

2. Six months have elapsed since the last meeting at which the item was voted upon.

3. A majority of the entire Council membership has requested that the item return to the agenda .
iii. The original appointment occurred on January 7, 2025. Accordingly, the six-month requirement was satisfied on July 7, 2025.
iv. The proposed reconsideration is therefore procedurally eligible under Section 4.02.010 (7)(B).

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1. Additionally, Section 4.02.010(6) permits a Councilmember, with the concurrence of at least one additional Councilmember during an open session, to request placement of an item on a subsequent Council agenda if the Mayor does not agree to place it.
v. The Mayor may also initiate placement of the item through the ordinary agenda-setting process.
vi. These provisions govern eligibility for agenda placement and renewed consideration.

They do not independently establish authority to remove an incumbent Vice Mayor or override a term established by the City Charter.

2. Relevant Precedent
A. At the July 21, 2026, City Council meeting, Vice Mayor Jason Lee, with concurrence from Councilmember Mario Enríquez, requested that the Council revisit a previously approved resolution concerning an appointment to the Office of the Mayor. i. That matter subsequently appeared on the August 18, 2026, Council agenda as Item

10.1, Legislative File No. 26-0936, titled:

1. RECONSIDERATION OF THE RESOLUTION APPOINTING A POSITION IN

THE OFFICE OF THE MAYOR
ii. The item was presented for discussion following an earlier Council-approved appointment.

B. The present proposal follows the same general procedural framework: returning a previously approved resolution to the Council for public discussion after the expiration of the six-month period prescribed in the Council Policy Manual. i. However, the legal authority governing the underlying appointments differs. In particular, the Vice Mayor's appointment is expressly governed by Charter Section 1103, including its provisions concerning the nomination, ratification, term, and responsibilities of the office.

3. Charter Authority and Limitations
A. Stockton City Charter Section 1103 provides for nomination of the Vice Mayor by the Mayor and ratification by the City Council.
i. Section 1103(a) establishes the designated term.
ii. Section 1103(b) provides that the Vice Mayor acts as Mayor during the Mayor's temporary absence or disability and performs specified duties when a vacancy occurs in the office of Mayor.

PURPOSE OF RECONSIDERATION
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· The Vice Mayor serves an institutional leadership role and may be called upon to exercise the powers and duties of the Mayor in circumstances specified by the City Charter. · The designation therefore carries responsibilities beyond those normally assigned to an individual Council district representative.
· Periodic evaluation of Council leadership structures may promote clarity in succession procedures, institutional continuity, public accountability, and effective Council operations. · The proposed item would provide an opportunity to review the continued designation through a publicly noticed Council discussion.
· The item does not seek to remove Councilmember Lee from his elected District 6 position, alter his voting rights, or impair his ability to represent District 6. · The subject of the discussion is limited to the separate Vice Mayor designation and the underlying appointment resolution.

FINANCIAL SUMMARY
There is no identified direct General Fund expenditure associated with conducting the proposed discussion.

Any financial effects associated with subsequent Council action, changes in administrative responsibilities, or related legal proceedings would require separate evaluation.

PUBLIC NOTICE
This item shall be placed on a duly noticed City Council agenda in accordance with the Ralph M.

Brown Act, including California Government Code Section 54954.2, and applicable City procedures.

The agenda description should identify the prior appointment resolution and the possibility of Council discussion and direction concerning the Vice Mayor designation.

Any future resolution to rescind, modify, or replace the appointment should be supported by appropriate legal review and sufficiently specific public notice.

CONCLUSION
Resolution No. 2025-01-07-0301 was adopted by unanimous vote of the Stockton City Council on January 7, 2025.

More than six months have elapsed since its adoption, satisfying the procedural requirement established by Section 4.02.010(7)(B) of the Stockton City Council Policy Manual for renewed consideration of a previously decided matter.

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The City Council may therefore discuss the prior resolution through a properly agendized item.

Whether the Council may take additional action affecting the current Vice Mayor's term remains subject to the provisions of Charter Section 1103 and a determination of the City's legal authority.

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City of Stockton
Legislation Text
File #: 26-0955, Version: 1

REQUEST FOR CONSIDERATION OF AN APPEAL FILED BY PRIDE TRUCK SALES, LP OF THE

PLANNING COMMISSION'S DENIAL OF AN ADMINISTRATIVE INTERPRETATION OF NONCONFORMING TRUCK SALES USE AT 2546 TURNPIKE ROAD (APN: 165-261-25 & 165- 261-26) (P26-0148)

RECOMMENDATION
It is recommended that the City Council uphold the Planning Commission’s interpretation of the Development Code that determined the former truck sales and other truck-related uses are not recognized as legal nonconforming uses at 2546 Turnpike Road (APN 165-261-25 & 165-261-26), and that the nonconforming use was voluntarily terminated by discontinuance and cannot be reestablished.

Summary
Pride Truck Sales, LP (herein Applicant) is appealing the Planning Commission’s July 9, 2026, determination that the truck-sales use at 2546 Turnpike Road is no longer a legal nonconforming use. (Attachment A - Location Map and Aerial Photo).

The use in question, Truck and Trailer sales, was recognized as legal nonconforming in 2018 when the City issued a business license to Pride Truck Sales, LP. At that time, the property was zoned Industrial, General (IG). The property was subsequently rezoned to Residential, Low Density (RL) in 2022 to achieve General Plan (Low Density Residential use) consistency, and the use retained its legal nonconforming status (Attachment B - Zoning Map).

The Applicant failed to renew its City business license, which expired on September 30, 2024. Under SMC Section 5.04.040(B), it is unlawful to conduct commerce without a valid business license; therefore, legal operation ceased upon expiration.

Based on the following, staff concluded that the nonconforming truck-sales use was discontinued for at least one year and the use lost its legal nonconforming status pursuant to Stockton Municipal Code (SMC) Section 16.228.060(C):
· The Applicant’s business license for truck and trailer sales expired September 30, 2024. · A valid business license is required to legally conduct sales within the City. Therefore, the truck -sales use could no longer legally operate after the license expired. · The Applicant did not renew the license, request an extension of the nonconforming use, or otherwise contact the City regarding continuation of the use for a period of over one year from the business license expiration on September 30, 2024.

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· On September 30, 2025, the use had been discontinued for one continuous year. Therefore, the use lost its nonconforming status pursuant to SMC Section 16.228.060(C). · The Applicant did not contact the City regarding the nonconforming status until January 2026, more than 15 months after the business license expired. · Activities such as truck storage, property maintenance, voluntary environmental remediation, security, utilities, and marketing the property for sale do not constitute the continued operation of the specific nonconforming use of truck sales.

On June 5, 2026, the Applicant filed an application for a Community Development Director’s Determination per SMC Section 16.228.020(A)(4) to obtain a formal determination. The request for determination was forwarded from the Director to the Planning Commission in accordance with SMC Section 16.08.030(E), and the matter was brought before the Planning Commission on July 9, 2026.

The Planning Commission considered the Applicant’s position statements and voted 6-0 (1 absent) to uphold the Director’s interpretation that the legal nonconforming truck-sales use had been voluntarily discontinued.

On July 17, 2026, the Applicant filed an appeal of the Planning Commission’s interpretation of the Development Code, and requests that the City Council reconsider their evidence and find that the truck sales use be recognized as a current legal nonconforming use at 2546 Turnpike Road. The applicant asserts the following:
· Expiration of a business license does not constitute a discontinuation of use. · Maintenance of the site constitutes a continuation of the nonconforming truck sales use. · Bankruptcy proceedings constitute an involuntary discontinuance of use.

DISCUSSION
Background
For more than 25 years, the property has been used for trucking-related activities. Truck sales were documented as early as 1998 and were legally established under the property’s former zoning.

In 2018, the City recognized the Applicant’s truck and trailer sales as a legal nonconforming use. The City’s 2018 correspondence advised the Applicant that the use needed to continue operating to retain its legal nonconforming status, and strongly recommended a new owner/tenant obtain a business license and self-document the commencement of use (Attachment C - 2018 Business License Approval).

Under the City’s 1990, 2008, and 2018 Envision Stockton 2040 General Plans, the property has been designated Low Density Residential.

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On January 27, 2022, the property was rezoned from IG to RL as part of the City’s General Plan consistency rezoning program. The rezoning was done with advance notice sent to the property owner at the address identified in the County Assessment records. The property’s truck sales use retained its legal nonconforming status with the zoning change.

On September 30, 2024, the Applicant’s business license expired. The City had mailed a renewal notice to the address on file (i.e., listed on the business license) approximately seven weeks earlier.

On November 7, 2024, the property owner’s realtor contacted the City regarding the continuation of the use. Staff advised that the truck-sales use was nonconforming and that the new owner needed to obtain a business license and continue the use because the nonconforming rights would expire after 12 months of inactivity (Attachment D - City Correspondence). Staff did not receive any further communication regarding the use until January 2026, over one year after the relator’s inquiry.

On September 30, 2025, one year after the expiration of the business license, the nonconforming status was deemed to have been voluntarily discontinued based on one (1) year of inactivity. This determination was made because, in accordance with SMC Section 16.228.040(c), nonconforming uses are only allowed to continue if operated lawfully. Upon the expiration of the business license, the business was no longer legally authorized to conduct sales due to the business license requirement in SMC Section 5.04.040(B).

In January 2026, the Applicant requested that the City recognize the nonconforming status of truckuses on the site for the purpose of selling the property. At this time, the applicant was informed by staff that the nonconforming status had been lost and could not be re-established because the nonconforming use had not been present on site for a period over one (1) year, as indicated by the expired business license.

On June 5, 2026, the Applicant filed an application (P26-0148) for a Director’s Determination to establish the truck sales use as a legal nonconforming use, per SMC Section 16.228.020 (Attachment E - Request for interpretation of the Development Code). The request for determination was forwarded from the Director to the Planning Commission in accordance with SMC Section

16.08.030(E), and the matter was brought before the Planning Commission on July 9, 2026. The Planning Commission considered the Applicant’s request and voted 6-0 (1 absent) to determine that the truck-sales use had been voluntarily discontinued and could not be re-established as a nonconforming use (Attachment F - Planning Commission Resolution 2026-07-09-0601).

Present Situation
Appeal
The current request is an appeal of the Planning Commission’s determination regarding the nonconforming status of truck sales at 2546 Turnpike Road (Attachment G - Appeal Letter and Supplemental Information). The Applicant asserts that the Planning Commission did not adequately address their position, and that uses persisted on site to retain the nonconforming status, thereby allowing truck sales to be legally reestablished.

STAFF ANALYSIS
The historic nonconforming use is not in dispute. Truck sales were legally established on the property City of Stockton Page 3 of 6 Printed on 10/9/2026
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and were recognized as a legal nonconforming use when the Applicant was granted a business license in 2018. The current issue is whether the nonconforming rights for truck sales on the subject property were lost through discontinuance.

The Applicant’s appeal primarily relies on three main arguments:
· Expiration of the business license does not automatically discontinue the nonconforming use. · Property maintenance and trucks remaining on-site demonstrate continued use. · Bankruptcy and related activities resulted in involuntary discontinuance.

SMC Section 16.228.060(C) provides that a nonconforming use loses its status when it is ceased or discontinued for a continuous period of at least one year, unless an applicable extension is granted.

Truck sales require a valid City business license to legally operate. The Applicant’s business license expired on September 30, 2024, and was not renewed. Accordingly, the Applicant no longer had legal authorization to conduct truck sales on the property after that date. The Applicant also did not request an extension or demonstrate a good-faith effort to continue the nonconforming use. Therefore, on September 30, 2025, the use had been discontinued for one continuous year, and the nonconforming status was therefore lost.

The Applicant’s ability to possibly obtain or renew a business license upon paying required penalties and fees does not restore a nonconforming land-use right after that right has been lost through discontinuance. The business license and nonconforming use are separate regulatory matters. Once a nonconforming use is discontinued for more than one year, paying penalties does not retroactively establish the land use during the inactive period, and therefore cannot restore the nonconforming rights to the use.

The Applicant asserts that the nonconforming use was continuous because trucks remained on the property and the property was otherwise maintained through truck storage, soil remediation, on-site security, use of utilities, general property maintenance, marketing the property for sale, and real estate negotiations.

Nonconforming uses are, by necessity, narrowly defined. The nonconforming use in question is limited to “Large Vehicle and Equipment Sales, Service, and Rental.” The activities mentioned by the Applicant may demonstrate that the property remained occupied or maintained, but they do not constitute operation of the specific nonconforming use of truck sales. SMC Section 16.228.040(A)(1) allows a nonconforming use to be continued, maintained, sold, or transferred. It does not allow unrelated activities on the property to preserve a nonconforming use. Similarly, the presence of trucks after the business license expired does not establish that truck-sales operations continued. If sales are not legally authorized to occur on site (because a business license has expired), the use is not being maintained.

The Applicant asserts that the discontinuance was involuntary because of bankruptcy proceedings and the subsequent removal of trucks. Under SMC Section 16.228.060(C)(2), an involuntary discontinuance can only occur when a nonconforming use ceases for reasons other than the owner’s City of Stockton Page 4 of 6 Printed on 10/9/2026
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voluntary decision to discontinue the use, such as stop-work orders or construction in the right-ofway. In which case, the one-year period for reestablishing the use begins when the owner is notified (by the City) of the requirement to reestablish the involuntarily discontinued use. A business’ insolvency or bankruptcy proceedings are not initiated by the City or another land-use authority and therefore do not establish involuntary discontinuance. Further, the Applicant entered “voluntary insolvency proceedings,” as described in the appeal letter. Any result of these voluntary proceedings is a consequence of the applicant’s voluntary actions and therefore cannot be deemed “involuntary.” Likewise, the soil remediation conducted at the property between 2021 and 2025 does not change staff’s determination of voluntary discontinuance. The available information does not establish that a governmental agency required the Applicant to cease truck sales as a condition of the remediation; this work was conducted voluntarily by the Applicant to sell the property as part of their voluntary insolvency proceedings.

Planning Commission
On July 9, 2026, the Planning Commission considered the Applicant’s arguments and voted 6-0 (1 absent) to determine that the truck-sales use had been voluntarily discontinued.

The Commission’s interpretation satisfies the three findings required by SMC Section 16.08.030(B):

1. This interpretation is consistent with the applicable provisions of this Development Code.

The truck-sales use was not legally operating for more than one continuous year following expiration of the business license. Re-establishing the use after that period would be inconsistent with SMC Section 16.228.060(C).

2. This interpretation will not be detrimental to the public convenience, health, interest, safety, or general welfare of the City or injurious to the property.

The property is adjacent to residential development. Allowing a discontinued truck-related use to be re-established on the property would be inconsistent with the surrounding residential context and the public welfare. Locating an industrial use adjacent to a residential use has the potential to create adverse impacts on the existing residential population. These impacts include, but are not limited to, air quality, noise, and light and glare.

3. This interpretation will be consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of this Development Code.

The property is designated in the General Plan as Low Density Residential and is zoned RL.

The property has been designated Low Density Residential under the City’s 1990, 2008, and 2018 Envision Stockton 2040 General Plans. The current zoning was established in 2022 for General Plan consistency. Truck sales are prohibited in the RL zoning district. Further, SMC Section 16.228.010(B) establishes the intent of the nonconforming use regulations to allow existing nonconformities only under limited conditions and ultimately encourage their elimination.

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Again, the Applicant let its business license expire on September 30, 2024. The Applicant did not legally conduct truck sales, request an extension, or demonstrate a good-faith effort to continue the truck sales use during the following year. The activities identified by the Applicant (property maintenance, truck storage, environmental remediation, security, utilities, marketing, and real estate negotiations) do not constitute continuation of the specific nonconforming truck-sales use per the SMC. Accordingly, the nonconforming use was voluntarily discontinued for more than one year and lost its nonconforming status on September 30, 2025. Unless this appeal is approved, the truck sales use cannot be re-established on the property as a nonconforming use.

Environmental Clearance
This determination is not subject to CEQA as it does not qualify as a “project” as defined in CEQA Guidelines Section 15378.

Public Comments
As of the writing of this staff report, no written comments have been submitted by the public. In anticipation of the appeal, the applicant submitted their entire appeal record to the City Council via the City Clerk on July 17, 2026.

FINANCIAL SUMMARY
The proposed action has no direct financial impact to the City. The site is currently vacant and has had no recorded commercial activity since at least September 2024.

Attachment A - Location Map and Aerial Photo
Attachment B - Zoning Map
Attachment C - 2018 Business License Approval and Letter to Applicant Attachment D - City Correspondence
Attachment E - Request for interpretation of the Development Code Attachment F - Planning Commission Resolution 2026-07-09-0601 Attachment G - Appeal Letter & Supplemental Information City of Stockton Page 6 of 6 Printed on 10/9/2026
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ATTACHMENT A
Location Map and Aerial Photograph
2546 Turnpike Rd, APNs 165-261-25 & 165-261-26 – Image Date: March 2025 299
City of Stockton, CA
2546 TURNPI KE ROAD

MAP FOR REFERENCE ONLY

NOT A LEGAL DOCUMENT
City of Stockton, CA makes no claims and no warranties, expressed or implied, concerning the validity or accuracy of the GIS data presented on this map.

Geometry updated 05/03/2023
Data updated 05/01/2023
Print map scale is approximate.

Critical layout or measurement
activities should not be done using
this resource.
1" = 191.01041642844507 ft
Medium Density Residential (RM)
Low Density Residential (RL)
Project Site
2026 Aerial

ATTACHMENT B
300
Map Theme Legends
Zoning
City of Stockton, CA Zoning Data

COMMERCIAL AUTO DISTRICT (CA)

DOWNTOWN COMMERCIAL (CD)

GENERAL COMMERCIAL (CG)

LARGE SCALE COMMERCIAL (CL)

NEIGHBORHOOD COMMERCIAL (CN)

OFFICE COMMERCIAL(CO)

GENERAL INDUSTRIAL(IG)

LIMITED INDUSTRIAL (IL)

PORT (PT)

LOW DENSITY RESIDENTIAL (RL/P)

MEDIUM DENSITY RESIDENTIAL (RM/P)

HIGH DENSITY RESIDENTIAL (RH/P)

MIXED USE (MX)

OPEN SPACE (OS)

PUBLIC FACILITIES (PF)

UNIVERSITY/COLLEGE (UC)

RIGHT OF WAY (ROW)

ATTACHMENT B
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302
303
304
305

ATTACHMENT D
306

ATTACHMENT D
307

ATTACHMENT D
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ATTACHMENT D
309

ATTACHMENT D
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ATTACHMENT D
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ATTACHMENT D
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ATTACHMENT D
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ATTACHMENT D
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ATTACHMENT D
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Amtoj S. Randhawa, Esq.

Chief Legal Officer
Pride Group Enterprises
200 Spectrum Center Dr., Suite 300
Irvine, CA 92618
February 17, 2026

VIA E-MAIL ONLY
Scott Speer
Planning Manager - Current Planning
City of Stockton Community Development Department
345 N. El Dorado Street
Stockton, CA 95202
[email protected]
RE: Nonconforming Use Status of 2546 Turnpike Road, Stockton, CA 95206
Dear Mr. Speer:

On January 20, 2026, Pride Group Enterprises and/or its subsidiaries and affiliated entities—including, but not limited to, Pride Truck Sales L.P., Pride Fleet Solutions U.S.A., Inc., French Camp Holding Corp. and/or Tpine Leasing Capital L.P. (herein collectively referred to as “Pride”)—was informed by the City of Stockton (the “City”) Community Development Department (the “CDD”) that Pride had lost its legal “Auto and Vehicle Sales – Used” and “Auto and Vehicle Sales – New” nonconforming use status for 2546 Turnpike Road, Stockton, CA 95206 (the “Site”) due to its business license being expired.

For the reasons stated herein, the CDD’s decision to terminate Pride’s nonconforming use status is not supported by the City of Stockton Municipal Code (the “Stockton Municipal Code”), specifically Title 16 containing the Development Code (§§

16.04.010 et seq.) (the “Development Code”) or Title 5 regarding Business Licenses and Regulations (§§ 5.04.010 et seq.) (“Title 5”), or Pride’s continual use and maintenance of the Site.

Pursuant to Section 16.08.030 of the Development Code, Pride requests that the City Community Development Director (the “Director”) issue an official interpretation that Pride has a legal nonconforming use at the Site and the status was not terminated. As required by Section 16.08.030(B) of the Development Code and demonstrated in this letter, this official interpretation is: (1) consistent with the applicable provisions of the Development Code; (2) will not be detrimental to the public convenience, health, interest,

ATTACHMENT E
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2 safety, or general welfare of the City or injurious to the property; and (3) is consistent with the general land uses, objectives, policies, and programs of the General Plan, any applicable specific plan, precise road plan, or master development plan, and the intent of the Development Code.

Alternatively, if the Director finds that Pride has lost its nonconforming use of the Site due to its business license being expired, which is not supported by the Development Code or Title 5, Pride may file a motion with the U.S. Bankruptcy Court to seek relief and damages and costs from the City and to abandon the Site, which would include the abandonment of Pride’s ongoing voluntary remediation efforts on the Site.

I. Background Information on Pride and the Site
a. Pride’s Operations and Ongoing Bankruptcy Proceedings Since 2010, Pride has operated a trucking and logistics conglomerate based in Canada with operations in Canada and the United States. Pride’s businesses were managed from their headquarters in Mississauga, Ontario, Canada, and they maintained (and continue to maintain) facilities and operations in both Canada and the United States.

Pride owns substantial assets located within the territorial jurisdiction of the United States, including, among other things, real estate properties, bank accounts, equipment, and trucks.

On March 27, 2024, Pride commenced bankruptcy proceedings in Canada (the “Canadian Bankruptcy Proceedings”) before the Ontario Superior Court of Justice (Commercial List) (the “Canadian Court”). The following day, the Canadian Court issued an initial order implementing a stay prohibiting creditors and other parties from taking actions against Pride and its assets. Shortly thereafter, on April 1, 2024, and April 15, 2024, certain of the Pride entities filed petitions in the U.S. Bankruptcy Court for the District of Delaware (the “Court”), commencing ancillary Chapter 15 cases in the United States to recognize the Canadian Bankruptcy Proceedings and aid and effectuate Pride’s restructuring efforts in the U.S. (the “Chapter 15 Cases”). On May 2, 2024, the Court entered an order recognizing and giving legal effect to the Canadian Bankruptcy Proceedings and Canadian Court orders in the United States on a final basis, including extending the stay to Pride’s U.S. assets.

As the cases progressed over the following months, it became clear that a reorganization of Pride on a going concern basis was not feasible. Accordingly, on October 10, 2024, the Canadian Court granted an order authorizing a centralized, coordinated, and controlled wind-down of Pride’s remaining businesses and assets to maximize value for stakeholders (the “Wind-Down Order”). The Court subsequently entered an order enforcing the Wind-Down Order in the United States on November 7, 2024. Pursuant to Pride’s wind-down plan and related court orders, the orderly liquidation of Pride’s remaining assets is now being implemented, including the sale of all real property owned by Pride in the United States. The wind-down and sale of assets is necessary to maximize recovery for Pride’s creditors and implement an orderly resolution of the Canadian Bankruptcy Proceedings and Chapter 15 Cases in accordance with the relevant court orders.

ATTACHMENT E
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3 b. Pride’s Historical and Continued Use of the Site
The Site is located on the east side of Turnpike Road within a moderately developed, mixed commercial and residential area of Stockton. The Site parcel numbers (APNs) are 165-261-250 and 165-261-260, totaling approximately 3.01 acres. Currently, the southern parcel of the Site is improved with three (3) commercial structures, including a 3,000-square-foot office building, a 2,250-square-foot shop building, and a 1,600-squarefoot covered vehicle wash building. A small steel shed is located north-adjacent to the shop building that houses a domestic water well and pump system. The remaining portions of the Site are covered with gravel and asphalt paving and are utilized for the sale of commercial semi-trailer trucks.

The Site is surrounded by other similar commercial or industrial uses, including trucking companies (i.e., Freight Smart; Valley Farm Transport, Inc.; Bulk Transportation; Available Shippers, Inc.; California Tank Line, Inc.), a truck repair shop (i.e., Stockton Truck Repair) a tractor dealership (i.e., Garton Tractor, Inc.), distribution services (i.e., Weyerhaeuser Distribution), transportation services (i.e., Dedicated Delivery Professionals Inc.; White Arrow; AKB Transport Inc.), a pressure washing service (i.e., FORTIZ Inc.), a recycling center (i.e., Universal Service Recycling, Inc.), and self-storage facilities (i.e., StoragePRO Self Storage of Stockton; CubeSmart Self Storage). The surrounding area contains a mix of both industrial or commercial zoning – specifically, General Industrial, Light/Limited Industrial, and General Commercial – and residential zoning. Notably, the properties zoned for residential use surrounding the Site are currently located next to the Industrial Annex, according to the current General Land Use Map.

Since the 1950s, the Site has been used as an industrial site.1 In the 1950s, the owners used the Site as a storage yard. By 1963, the southwestern portion of the Site was improved with office buildings. By 1975, the westernmost portion of the Site was redeveloped into a frontage road for Interstate Highway 5. Since 1990, the Site has been occupied by various auto parts and towing companies. Since it acquired the Site in 2022, Pride has used the Site as an industrial site for commercial semi-trailer truck sales.

When Pride acquired the Site on January 14, 2022, it was zoned as General Industrial. On January 27, 2022, the area was rezoned as Residential, Low Density through Resolution No. 2022-01-27-0503 by the Stockton Planning Commission. Resolution No. 2022-01-27-503 stated that the zoning amendments “will not impact the properties’ current use or remove any legally established use or structure.” Pride’s industrial use of the Site was grandfathered in as a legal nonconforming use, as its existing legally-established use was active on the Site at the time of rezoning, pursuant to Section 16.228.020 of the Development Code.
c. Pride’s Voluntary Environmental Investigation and Remediation Efforts to Maintain the Site for Industrial Use
While Pride had not caused contamination on the Site, the historical industrial use of the Site led Pride to believe that environmental investigation and remediation may be 1 See Attachment 1 – June 28, 2021 Phase I Environmental Site Assessment conducted by Pride’s environmental consultant Fulcrum Resources Environmental.

ATTACHMENT E
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4 warranted to maintain the Site for continued industrial use. In 2021, Pride voluntarily hired an environmental consultant – Fulcrum Resources Environmental – to conduct three (3) environmental site assessments: a Phase I Environmental Site Assessment (“Phase I ESA”), a Phase II Environmental Site Assessment (“Phase II ESA”), and an additional Phase II Environmental Site Assessment (“Additional Phase II ESA”) (collectively, the “ESAs”). The June 28, 2021 Phase I ESA found that, based on historical records, the Site was historically equipped with several generations of septic tank systems that were installed in the 1950s and reportedly removed by the 1980s.2 The Phase I ESA identified the historic use of the Site by various auto parts and towing companies, in conjunction with the presence of an on-site septic tank and grease trap and lack of sampling data, to be recognized environmental conditions. Based on the environmental consultant’s recommendations, Pride voluntarily hired the environmental consultant to conduct an investigation to analyze the subsurface conditions at the Site, which was completed in the August 20, 2021 Phase II ESA.3 The Phase II ESA identified elevated soil vapor results; however, further risk assessment using the U.S. Environmental Protection Agency’s Office of Land and Emergency Management vapor intrusion risk assessment guidance identified no significant human health risk or reportable condition present from the contaminants reported in the soil vapor. The Phase II ESA also identified that groundwater samples from two (2) wells had elevated concentrations of Total Petroleum Hydrocarbon-diesel range organics (“TPH-DRO”). Based on the elevated concentrations of TPH-DRO, the environmental consultant recommended further investigation to assess the groundwater conditions at the Site.

Pride again voluntarily hired the environmental consultant to conduct the recommended additional investigation, which was analyzed in the November 9, 2021 Additional Phase II ESA.4 The Additional Phase II ESA investigation found that all contaminants, including TPH-DRO, were not detected at or above the reporting limits or standards. The environmental consultant recommended further investigation in the downgradient direction to define the extent of the TPH-DRO impact downgradient of the Site. Before any additional investigations, the environmental consultant recommended that Pride coordinate with the appropriate regulatory agency.

Based on this recommendation, Pride reached out to the San Joaquin County (the “County”) Environmental Health Department (the “EHD”) to inform it of the voluntary investigations conducted on Site to date and the additional investigations recommended by Pride’s environmental consultant. In 2022, Pride submitted the ESAs along with additional property documentation to the EHD to enter the Site in the Local Voluntary Cleanup Program for the purpose of assigning the EHD as the lead oversight agency to oversee any characterization or cleanup of the Site, pursuant to Section 101480 of the California Health and Safety Code.
2 Id.
3 See Attachment 2 – August 20, 2021 Phase II Limited Subsurface Investigation conducted by Pride’s environmental consultant Fulcrum Resources Environmental.
4 See Attachment 3 – November 9, 2021 Additional Limited Subsurface Investigation conducted by Pride’s environmental consultant Fulcrum Resources Environmental.

ATTACHMENT E
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5 Throughout 2022 and 2023, Pride and its environmental consultant coordinated with the EHD to prepare and implement the 2022 Work Plan5 and 2023 Work Plan Addendum,6 which included the following objectives to ensure the Site was maintained for continued industrial use:
 Evaluate soil and groundwater quality in the vicinity of the former shop building to determine presence and extent of contamination associated with a historical underground storage tank. Given the potential for historical releases of constituents of concern, subsurface investigation was warranted to assess possible impacts to soil and groundwater in the area.
 Assess soil and groundwater conditions in the area of the former septic system to identify potential contamination from historical discharges. Historical records suggest it may have received wastewater from vehicle parts washing activities.

Given the potential for past releases of constituents of concern, environmental sampling was warranted to evaluate the impact to soil and groundwater in this area.  Delineate the extent of petroleum hydrocarbon impacts in groundwater, specifically TPH-DRO, in the downgradient direction at the Site. Additional investigation was warranted to evaluate potential risks to human health and the environment.  Collect and analyze a groundwater sample from the on-site domestic water well to evaluate potential impacts from petroleum hydrocarbons and other constituents of concern. The well remains a potential receptor of groundwater contamination.

Further sampling was warranted to assess water quality and potential risks to human health.

A total of eleven (11) soil borings, thirty-three (33) soil samples, and eleven (11) groundwater samples were taken. The results did not identify any concentrations of contaminants above standards that identified a concern. Pride submitted to the EHD the December 11, 2021 Site Characterization and Closure Report prepared by Pride’s environmental consultant, which demonstrated that the Site was safe and maintained for continued commercial use.7
Through February 2025, Pride continued to use the Site for the sale of commercial semi-trailer trucks. As of March 2025, to implement the Wind-Down Order, which required the winddown of the business including the sale of real property, Pride had removed the semi-trailer trucks from the Site to prepare the Site to sell to a buyer for continued industrial use. Such actions were necessary to ensure Pride continued to operate the Site in accordance with the terms of the Wind-Down Order.
5 See Attachment 4 – December 14, 2022 Site Characterization Work Plan prepared for submittal to EHD by Pride’s environmental consultant Fulcrum Resources Environmental. 6 See Attachment 5 – June 22, 2023 Work Plan Addendum prepared for submittal to EHD by Pride’s environmental consultant Fulcrum Resources Environmental.
7 See Attachment 6 – December 11, 2023 Site Characterization and Closure Report prepared for submittal to EHD by Pride’s environmental consultant Fulcrum Resources Environmental.

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6 The EHD had its environmental consultant, Condor Earth, review Pride’s Site Characterization and Closure Report and corresponding documents.8 In July 2025, Condor Earth issued a Technical Memorandum, concluding that,
based on the analytical results and evaluation performed by [Pride’s environmental consultant], that the site case may obtain site closure for continued commercial use. Contaminants remaining in groundwater at the site, including [TPH-]DRO, metals, and [volatile organic compounds] do not appear to rise to the level to present a significant risk to future occupants based on existing site conditions and land use designation. If land use designation changes are proposed in the future (i.e., residential use), further evaluation for environmental concerns will be necessary.9
Based on this recommendation and pursuant to Assembly Bill 304, the EHD found that the Site was eligible for a Certificate of Completion for Site Closure10 and proceeded to commence the required 30-day public notice-and-comment period prior to issuing the Certificate.11 However, on July 15, 2025, during the public notice-and-comment period, the resident of one of the northwest adjoining residential properties expressed concern about potential impacts from remaining Site contaminants. The EHD determined that insufficient data was available to adequately assess potential off-site risks to sensitive receptors.

Consequently, the EHD requested that Pride provide a work plan and conduct a supplemental investigation to evaluate soil vapor conditions along the northern and eastern property boundaries to assess potential vapor intrusion into the adjoining residential dwellings.12
After working closely with the EHD to prepare a work plan for this supplemental investigation,13 Pride performed supplemental soil vapor investigations on November 25, 2025.14 Based on the analytical results, the EHD’s environmental consultant Condor Earth concluded that “a [vapor encroachment condition] relative to the northern adjoining residential dwellings cannot be ruled out.”15 At this point, Pride had already spent more than $105,700 to investigate, remediate, and maintain the site for continued industrial use.

Currently, the EHD is requesting that Pride undertake additional investigations to evaluate the potential for offsite vapor encroachment conditions.16 While Pride and the EHD 8 See Attachment 7 – July 3, 2025 Letter from EHD re: July 2, 2025 Technical Memorandum on Review of December 11, 2023 Site Characterization and Closure Report.
9 Id.
10 Id.
11 See Attachment 8 – July 3, 2025 Public Notice Fact Sheet for Proposed No Further Action for Case Closure. 12 See Attachment 9 – October 17, 2025 Letter from EHD re: October 13, 2025 Technical Memorandum on Review of August 18, 2025 Work Plan for Additional Investigation.
13 See Attachment 10 – August 18, 2025 Work Plan for Additional Investigation prepared for submittal to EHD by Pride’s environmental consultant Blew & Associates, P.A.
14 See Attachment 11 – November 25, 2025 Supplemental Soil Vapor Sampling conducted at EHD’s request by Pride’s environmental consultant Blew & Associates, P.A.
15 See Attachment 12 – January 16, 2026 Letter from EHD re: January 15, 2026 Technical Memorandum on Review of January 6, 2026 Work Plan for Additional Investigation. 16 Id.

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7 were coordinating on the work plan for the additional investigation,17 on January 20, 2026, the CDD informed Pride via a phone call that Pride’s nonconforming use status for the Site terminated because its business license expired.

II. Pride’s Nonconforming Use Status for the Site
a. City of Stockton Nonconforming Use Legal Requirements Pursuant to the Development Code, “[a] nonconforming use shall be deemed to be a legal nonconforming use, if:

1. There is an existing valid use permit, if required;

2. There is evidence that the use was an allowed use at the time it was established;

3. There is evidence that the use was an allowed use, or had a use permit if required by the County, at the time it was annexed into the City; or

4. If the above information is not available, the Director shall review the evidence for status as to the legality of the nonconformity and issue a determination based upon information provided by the applicant and payment of a filing fee set by the Council’s fee resolution.”18
“A nonconforming use of land may be continued, maintained, sold, or transferred, provided that the use shall not be enlarged or increased in any manner (e.g., area, space, volume, or occupant load)”.19
Pursuant to the Development Code, the nonconforming status of a use will be lost in the following circumstances:

1. Termination by Change of Use,
20 which is changing a nonconforming use to a
conforming use;

2. Termination by Discontinuance,21 which is when the nonconforming use or structure is discontinued for a continuous period of at least one year;

3. Termination by Destruction,22 which is when the nonconforming structure(s), or conforming structure(s) used for a nonconforming use, is involuntarily damaged, demolished, or destroyed.

For Termination by Discontinuance, the Development Code states that “[e]xcept when extended in compliance with this chapter or the provisions of Chapter 16.168 (Use Permits), discontinuance of a nonconforming use or structure, nonconforming due to use, shall result in the use or structure losing its nonconforming status if the use is ceased or discontinued for a continuous period of at least one year from:
17 Id.
18 Stockton Municipal Code § 16.228.020(A) (emphasis added). 19 Stockton Municipal Code § 16.228.040(A)(1) (emphasis added). 20 Stockton Municipal Code § 16.228.060(B).
21 Stockton Municipal Code § 16.228.060(C).
22 Stockton Municipal Code § 16.228.060(D).

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8 1. Voluntary. The date the use is voluntarily ceased or discontinued; or

2. Involuntary. The date the owner is notified of the requirement to reestablish the involuntarily discontinued use.”23
The Stockton Municipal Code includes specific notice requirements. “Whenever any notice is required to be given under [the Stockton Municipal Code], the notice shall be served in the following manner unless a different process is specifically stated to apply:

1. Personal service; posting the notice conspicuously on or in front of the property; or certified mail, postage, prepaid, return receipt requested.

Simultaneously, the same notice shall be sent by regular mail to the responsible person. If a notice that is sent by certified mail is returned unsigned, then service shall be deemed effective pursuant to regular mail.

2. Mailings to the property owner shall be sent to the address listed in the last equalized assessment roll of the San Joaquin County Assessor.

3. In the event the responsible person is someone other than the property owner, a copy of the notice shall also be mailed to the property owner.”24 The Stockton Municipal Codes defines “responsible person” as “a person who a Director determines is responsible for causing, permitting, or maintaining a public nuisance or a violation of the Municipal Code, Uniform Code or applicable State Codes. The term ‘responsible person’ includes, but is not limited to, a property owner, tenant, person with a legal interest in the property, person in possession of the property or person that exercises custody and control over the property.”25
Regarding unlawful uses, the Development Code states, “[t]he right to continue occupancy of a property containing an illegal use or structure is not granted by this chapter.”26 It goes on to clarify that “[t]he activity shall not be lawfully allowed to continue unless or until permits and entitles required by the Development Code and the [Stockton] Municipal Code are first obtained.”27
b. Pride’s Nonconforming Use of the Site Should Not Be Terminated On January 20, 2026, Pride was informed by the CDD via phone call that its nonconforming use status for the Site terminated because its business license expired, which falls within termination by discontinuance, according to the CDD. As such, the CDD informed Pride that, without the nonconforming use status, the Site is zoned for and must be used for Residential, Low Density.

Contrary to the CDD’s assertions, there is no legal or factual basis for Pride to lose its nonconforming use status on the Site based on discontinuance. Pride has neither 23 Stockton Municipal Code § 16.228.060(C).
24 Stockton Municipal Code § 1.04.080(A).
25 Stockton Municipal Code § 1.04.110.
26 Stockton Municipal Code § 16.228.040(C)(3)(b).
27 Stockton Municipal Code § 16.228.040(C)(3)(c).

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9 voluntarily nor involuntarily discontinued its use on the Site “for a continuous period of at least one year”, which is the standard set by the Development Code for termination by discontinuance.28 We address voluntary and involuntary discontinuance in turn below.

Regarding voluntary discontinuance, Pride has never voluntarily ceased or discontinued use on the Site. As described in detail in Sections I(b) and I(c) above, since January 14, 2022, when it acquired the Site, Pride has used and maintained the Site for truck sales, which is the legal nonconforming use permitted after the Site was rezoned as Residential, Low Density on January 27, 2022, through Resolution No. 2022-01-27-0503.

From when it acquired the Site in 2022 until March 2025, Pride had a fleet of semi-trailer trucks on the Site and used the Site for truck sales. As of March 2025, to implement the Wind-Down Order, Pride had removed the semi-trailer trucks from the Site to prepare the Site to sell to a buyer for continued industrial use.

As described in Section I(c) above, starting in 2022 and through January 2026, Pride has worked closely with the EHD to voluntarily investigate the environmental conditions on the Site and taken actions to remediate and maintain the Site for the continued industrial use of truck sales, which has included work plans, soil and groundwater sampling and analysis, and site closure actions. Most recently, Pride’s environmental consultant was on the Site conducting remediation maintenance work in December 2025.

At no point from when it acquired the Site in January 2022 through January 2026 has Pride discontinued use or maintenance of the industrial use of truck sales at the Site for a continuous period of at least one year.

The CDD stated multiple times to Pride that it is focused on measuring Pride’s use of the Site by only analyzing when trucks have been physically stored on Site. As of March 2025, Pride removed all trucks from the Site to implement the Wind-Down Order and prepare the Site for sale for continued industrial use. Even under the CDD’s narrow analysis, Pride has not discontinued use (i.e., storing trucks on the Site) for “a continuous period of at least one year”. Importantly, the CDD’s narrow analysis for use fails to take into consideration that the Development Code explicitly allows for a nonconforming use of land to be “maintained”,29 among other things. As described in detail in Section I(c) above, from 2022 through January 2026, Pride spent significant time, resources, and money working closely with the EHD to investigate and take actions to remediate and maintain the Site for the continued industrial use. As such, Pride’s use and maintenance of the Site continued through January 2026.

Regarding involuntary discontinuance, the Development Code does not define what constitutes an “involuntary” discontinued use. Pride was informed, without proper notice, on January 20, 2026, that the CDD considered its nonconforming use terminated due to its business license being expired. Pride assumes that the CDD’s argument relies on the involuntary discontinued use provision because, as described above, Pride has never voluntarily ceased or discontinued use or maintenance of the Site. While the CDD stated that it was clear in the Development Code that the expiration of a business license results 28 Stockton Municipal Code § 16.228.060(C).
29 Stockton Municipal Code § 16.228.040(A)(1).

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10 in the loss of a nonconforming use status, the Development Code does not say as much.

The expiration of a business license is not a “circumstance” that the Development Code lists as a basis for terminating a nonconforming use status.

The Development Code states that the one-year clock for involuntary discontinuance and loss of nonconforming use status starts on “the date the owner is notified of the requirement to reestablish the involuntary discontinued use.”30 Assuming for the sake of this argument that the expiration of the business license results in an involuntary discontinuance, Pride never received proper notice as required by Section

1.04.080(A) of the Stockton Municipal Code. Here, as Pride is the property owner, it is required that Pride be given notice via: (1) personal service, (2) posting notice conspicuously on or in front of the property, or (3) regular or certified mail. Neither Pride nor its registered agent received proper notice of the termination of its nonconforming use status. As such, Pride did not receive proper notice of the specific “requirement to reestablish the involuntary discontinued use”. Instead, on January 8, 2026, Pride was informed by its local broker that the CDD said that Pride’s nonconforming use was lost due to the expiration of its business license. On the same day, Pride called and emailed the CDD to discuss the information relayed by its local broker. On January 20, 2026, the CDD informed Pride via a phone call that Pride’s nonconforming use status for the Site terminated because its business license expired. Even assuming the CDD believes that the January 20, 2026 phone call satisfies the notice requirements of Section 1.04.080(A) of the Stockton Municipal Code (which it clearly does not), then Pride has only had an involuntary discontinued use pursuant to the CDD argument for less than one month, which does not satisfy the Development Code’s requirement that loss of nonconforming use status occurs after “a continuous period of at least one year”.

Accordingly, Pride has not voluntarily or involuntarily discontinued its industrial use of truck sales on the Site for “a continuous period of at least one year”, and thus, there is no legal basis under the Development Code to terminate its nonconforming use status.

While this should be sufficient to show that there is no legal or factual basis for Pride to lose its nonconforming use status on the Site, we would like to address an additional argument that the CDD has stated to Pride. The CDD has cited Section

16.228.040(C)(3)(b) of the Development Code as justification for terminating Pride’s nonconforming use status. As noted in Section II(a) above, the Development Code states, “[t]he right to continue occupancy of a property containing an illegal use or structure is not granted by this chapter.”31 It goes on to clarify that “[t]he activity shall not be lawfully allowed to continue unless or until permits and entitles required by the Development Code and the [Stockton] Municipal Code are first obtained.” Contrary to how the CDD has used it to support the termination of Pride’s nonconforming use status, this provision does not address loss of nonconforming use status, which is explicitly addressed in Section

16.228.060 of the Development Code. Also, Section 16.228.040(C)(3)(b) of the Development Code, which the CDD relies on, must be read in conjunction with Section

16.228.040(C)(3)(c) of the Development Code, which explicitly addresses the continuance 30 Stockton Municipal Code § 16.228.060(C) (emphasis added). 31 Id.

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11 of an activity after receiving all necessary permits required by the Development Code and the Stockton Municipal Code. As such, there is no legal basis for the CDD to rely on Section

16.228.040(C)(3)(b) to terminate Pride’s nonconforming use status.

To remedy the expired business license, Title 5 allows Pride to renew it upon paying the overdue business license tax and appropriate penalty amounts. Section 5.04.070 of Title 5 allows holders of delinquent licenses to pay a penalty of 15% of the license tax amount due for the period and an additional 15% of the license tax amount due for each month of delinquency thereafter, providing that the penalty amount does not exceed 60% of the license tax due. Additionally, Section 5.04.040(B) of Title 5 states that business license holders are required to pay 25% of the license fee due in additional penalties for engaging in business without the required license. Therefore, through payment of the overdue business license tax amount along with the penalty amounts, Pride’s business license would be renewed and valid again for the current period upon submission of a renewal application.

Should the Director agree with the CDD’s unfounded interpretation that the expiration of the business license may result in the loss of the nonconforming use status, the Director still has discretion under Sections 16.228.020(A) and 16.08.030 of the Development Code to find that the nonconforming use status has not been lost. Such a determination is supported by the following reasons:
(i) Pride has voluntarily continued to investigate, remediate, and maintain the Site for its continued industrial use;
(ii) The Site cannot be used for residential use without significant remediation, and, as discussed in Section III below, Pride will not spend the money and resources to investigate and remediate the Site to make it fit for residential use so the burden will fall on the City;
(iii) The environmental issues at the Site will be detrimental to the public if zoned for residential use as-is without further remediation;
(iv) The Site is surrounded by other similar conforming commercial and industrial zoning districts and is therefore consistent with general land uses and objectives of the General Plan and the intent of the Development Code; and
(v) If Pride is forced to abandon the site (as discussed more in Section III below), the City is unlikely to find a person or company to occupy the Site for residential purposes due to the aforementioned environmental contamination and necessary remediation, which will result in the Site sitting vacant and the City will be hurt by the lost tax revenue.

The Director has broad discretion to issue a determination as to the legality of the nonconformity upon review of evidence for status.32 Based upon the information provided in this letter, the Director can review the above reasons as evidence to deem the 32 See Stockton Municipal Code § 16.228.020(A).

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12 nonconforming use at the Site a legal nonconforming use that has maintained its legal nonconforming use status since Pride’s acquisition of the Site on January 14, 2022.

III. Without the Nonconforming Use Status, Pride May File a Motion with the Court to Seek Relief and/or Abandon the Site and Immediately Cease Environmental Remediation Efforts
If the Director finds that Pride has lost its nonconforming use of the Site due to its business license being expired, which Pride has demonstrated is not supported by law or fact, and is unwilling to exercise his or her discretion to reinstate it, then Pride may seek appropriate relief from the Court and seek damages and costs from the City.

In addition, Pride may seek to abandon the Site by filing a motion with the Court seeking authority to abandon the Site, which would include ceasing Pride’s ongoing voluntary environmental remediation efforts on the Site.

Pursuant to the Wind-Down Order, Pride is required to wind down its remaining business and assets, including the Site, to maximize value for its creditors. To implement the Wind-Down Order, Pride has been working to maintain the Site and sell it to a buyer for the continued industrial use of truck sales, which Pride has determined is the best way to maximize value. Pride has identified buyers that are interested in the Site for the continued industrial use of truck sales. Pride has already voluntarily spent more than $105,780 to maintain the Site, and based on Pride’s environmental consultant’s recent quotes, at least an additional $45,000 is necessary to complete the additional investigation that the EHD recommended to address the adjoining landowner concerns.

If the Director finds that Pride’s nonconforming use is lost and the Site is now zoned and must be used for Residential, Low Density, the Site will need to undergo significant additional investigations and remediation to make it safe for residential use. Throughout the remediation process, Pride, the environmental consultants, and the EHD analyzed and maintained the site for the appropriate continued industrial use of truck sales, not for residential zoning. The EHD and its environmental consultant stated that, “[c]ontaminants remaining in groundwater at the site, including [TPH-]DRO, metals, and [volatile organic compounds] do not appear to rise to the level to present a significant risk to future occupants based on existing site conditions and land use designation. If land use designation changes are proposed in the future (i.e., residential use), further evaluation for environmental concerns will be necessary.”33 Pride’s environmental consultant has stated that significant additional investigations and remediation efforts would be necessary to get the Site fit for residential use.

Pride will not spend the money and resources to investigate and remediate the Site to make it fit for residential use. As such, if Pride is not permitted to sell the Site to a buyer for continued industrial use for truck sales, then Pride may file a motion to abandon the Site and will not complete the remaining investigation and remediation to maintain the Site. This 33 See Attachment 7 – July 3, 2025 Letter from EHD re: July 2, 2025 Technical Memorandum on Review of December 11, 2023 Site Characterization and Closure Report.

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13 will result in the City having to spend significant resources and money to make the Site fit for residential use or it will sit as a vacant lot.

If the nonconforming status is terminated on the Site, it seems unlikely that the City will find a person or company to occupy the Site for residential use due to the aforementioned environmental contamination and necessary remediation. As such, the Site is likely to remain vacant, generate no economic activity for the City, and lose property tax revenue for the City. Pride has spent significant time, resources, and money to maintain the Site for its continued industrial use – including its efforts to complete additional investigation and remediation efforts in response to concerns from surrounding residents – and is planning to continue to maintain the Site for industrial use if the Site does not lose its legal nonconforming use. It is therefore in the City’s best interest to continue Pride’s legal nonconforming use to allow Pride to continue investigation and remediation efforts to maintain the Site for industrial use.

For the reasons stated herein, the CDD’s decision to terminate Pride’s nonconforming use status is not supported by law or fact. Pride requests that the Director issue an official interpretation pursuant to Section 16.08.030 of the Development Code that Pride has a legal nonconforming use at the Site and the status was not terminated.

If the Director needs additional information before making a determination, please contact me at (949) 749-2185 or [email protected].

Sincerely,
Amtoj S. Randhawa, Esq.

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PAYMENT RECEIPT

PAYMENT RECEIPT
Record Number: P26-0148
Parcel Number: 16526125
Site Address: 2546 TURNPIKE RD, STOCKTON, CA 95206
Receipt Number: 5176511
Payor: Amtoj Randhawa
Payment Method: CC
Cashier ID: PUBLICUSER0
Receipt Date: June 05, 2026
Payment Details
Description Amount Due Amount Paid
Technology Fee - Planning $78.38 $78.38
Administrative Determinations/Waiver (ET) $52.25 $52.25 Administrative Determinations/Waiver (PLN) $992.75 $992.75 Community Rating System Admin Fee - Planning $62.70 $62.70 Total Amount Paid: $1,186.08