Attachment A - Contract for Services Corp Yard — City Council and Concurrent Authorities, May 14, 2024

CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2024, between the CI TY OF STOCKTON, a municipal corporation (“C ITY), and CALIFORNIA PROFESSIONAL PEST CONTROL DBA CALIFORNIA PEST CONTROL a STATE OF CALIFORNIA CORPORATION, with a business address at P.O. BOX 692636, STOCKTON, CA 95269 , hereinafter called "CONTRACTOR.," THIS CONTRACT is for the PROFESSIONAL PEST CONTROL SERVICES (PROJECT NO. OM-24-068), hereinafter referred to as “SERVICE”.

RECITAL
S
A. CONTRA
CTOR represents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.

B. CONTRA
CTOR represents that it is registered pursuant to Labor Code Section 1725.5 and will register annually with the Department of Industrial Relations , if the services have a wage determination for the services outlined in the SCOPE OF WORK section of this Contract.

C. CONTRA
CTOR represents that it will pay all required prevailing wages under California Labor Code for all services provided that have a wage determination.

D. CITY f
inds it necessary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.

NOW T
HEREFORE, in consideration of the mutual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:

1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications). CONTRACTOR shall provide said services at the time, place, and in the manner specified in Exhibit A and compatible with the standards of the profession. CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.

2. COMPENSATION. CITY shall pay CONTRACTOR for services outlined in Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule) , which is attached to this Contract and incorporated by this reference. CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work. Total compensation for services and reimbursement for costs shall not exceed $423,006.00 or as otherwise mutually agreed to in a Contract Amendment.

Pursua
nt to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure

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performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
a. I
nvoices submitted by CONTRACTOR to CITY must contain a brief description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. U
pon completion of work and acceptance by C ITY, CONTRACTOR shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by C ITY upon receiving a written request thirty (30) days in advance of said time limitation. CITY shall have no obligation or liability to pay any invoice for work performed which CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the CITY, after work is accepted by CITY.

3. I
NSURANCE. Duri ng the term of this Contract, CONTRACTOR shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit C (Insurance Requirements and Forms) which is attached to this contract and incorporated by this reference and shall otherwise comply with the other provisions of Exhibit C (Insurance Requirements and Forms). Maintenance of proper insurance coverage is a material element of this contract and that failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

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

I
t shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the Additional Insured. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named Insured; whichever is greater.

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

T
he limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for

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the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

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

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

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

C
ONTRACTOR agrees to include with all Subcontractors in their subcontract the same requirements and provisions of this agreement including the indemnity and insurance requirements to the extent they apply to the scope of the Subcontractor’s work. Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and the CITY in the same manner and to the same extent as CONTRACTOR is bound to the CITY under the Contract Documents. CONTRACTOR further agrees to include these same provisions with any subcontractor regardless of tier. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The CONTRACTOR shall require all Subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and contractor will provide proof of compliance to the CITY.

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

5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on June 30, 2024, unless extended by mutual agreement through the issuance of a Contract Amendment. This contract provides for one (1), two (2) year extension at the same rates and terms as outlined in Exhibit A and Exhibit B.

6. CONFORMANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances.

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a. TITLE VI
T
itle VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any progr am or activity receiving federal financial assistance.” (42 USC Section 2000d) http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

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

SCRIMINATION AND HARASSMENT POLICY
T
he City of Stockton has a Discrimination and Harassment Policy (Exhibit D). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace. c. L

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

EVAILING WAGE
C
ONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing rates of wages and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee. i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf. The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.

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ii. Should the CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract. Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/ 100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited un der the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. T
he CONTRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv
. The CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to ad minister and conduct apprenticeship programs, if applicable to the job.
e. L

OCAL EMPLOYMENT ORDINANCE
P
ursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours.

Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095.
f. S

ANCTIONS
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.

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7. CONTRACT AMENDMENTS . CITY reserves the right to make such alterations, deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Project Manager to be necessary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.

A
ny suc
h changes will be set forth in a Contract Amendment which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A Contract Amendment will not become effective until approved by the authorized City official.

8. RI
GHTS AND DUTIES OF CITY. CITY sh all make available to CONTRACTOR all data and information in the possession of CITY which both parties deem necessary to complete the work, and CITY shall actively aid and assist CONTRACTOR in obtaining such information as may be deemed necessary from other agencies and individuals.

9. OB
LIGATIONS OF CONTRACTOR. Th roughout the term of this Contract, CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONTRACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals CONTRACTOR shall me et with the Public Works Director or other personnel of C ITY or third parties as necessary on all matters connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto.

CONTRACTOR further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

10. T
ERMINATION. This Agreement is effective on the Effective Date. The City may terminate this Contract and work pursuant to any of all scope of works at any time by mailing a notice in writing to Contractor. The Contract shall then be deemed terminated and no further work shall be performed by Contractor. If the Contract is so terminated, the Contractor shall be paid for that percentage of work actually completed at the time the notice of termination is received.

11. CO
NTRACTOR STAT US. In performing the obligations set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the C ity for any purpose. All persons working for or under the direction of CONTRACTOR are its agents and employees, and are not agents of the C ITY.

Subcontractors shall not be recognized as having any direct or contractual relationship with the CITY.

The persons engaged in the work, including employees of subcontractors and suppliers , will be considered employees of CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
a. I
f in t
he performance of this Contract any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and

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control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR.
i. I
t is further understood and agreed that CONTRACTOR must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. A
s an independent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the C ITY based upon any contention by any third party that employer -employee relationship exists by reason of this Contract.

12. AS
SIGNMENT. CONT RACTOR shall not assign, sublet, or transfer this Contract or any interest or obligation in the Contract without the prior written consent of the CITY, and then only upon such terms and conditions as C ITY may set forth in writing. CONTRACTOR shall be solely responsible for reimbursing subcontractors.

13. HE
ADINGS NOT CONTROLLING. He adings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

14. NO
TICES. Any a nd all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

To
CONTRA
CTOR: California Professional Pest Control To City: Public Works Director DBA California Pest Control City of Stockton
P.O. Box 692636 22 E. Weber Ave., Ste. 301
Stockton, CA 95269 Stockton, CA 95202

15. LICENSES , CERTIFICATIONS, AND PERMITS. Prior to the CITY’S execution of this Contract and prior to the CONTRACTOR engaging in any operation or activity set forth in this Contract, CONTRACTOR shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. CONTRACTOR covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.

16. RE
CORDS AND AUDITS. CIT Y reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.

CO
NTRACT
OR agrees that CITY or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. CONTRACTOR agrees to provide CITY or its delegate with any relevant information requested, and shall permit CITY or its delegate access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purposes of determining compliance with this Contract. CONTRACTOR agrees to maintain such records for a period of three years from the date that final payment is made.

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17. CONFIDENTIALITY. CONTRACTOR shall exercise reasonable precautions to prevent the unauthorized disclosure and use of CITY’S reports, information, or conclusions.

18. CO
NFLICTS OF INTEREST. CO NTRACTOR covenants that other than this Contract, CONTRACTOR has no financial interest with any official, employee, or other representative of the CITY. CONTRACTOR and its principals do not have any financial interest in real property, sources of income or investment that would be affected in any manner or degree by the performance of CONTRACTOR’S services under this Contract. If such an interest arises, CONTRACTOR will immediately notify CITY.

19. W
AIVER. In t he event either CITY or CONTRACTOR at any time waive any breach of this Contract by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Contract, whether of the same or of any other covenant, condition, or obligation.

20. G
OVERNING LAW. Cal ifornia law shall govern any legal action pursuant to this Contract 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.

21. DI
SPUTE RESOLUTION. Pr ior to undertaking any litigation , the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between senior managers of each Party having authority to resolve the dispute.

1. V
enue
A
ny controversy or claim between the Parties shall be determined with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the f ederal D istrict Court of California, Eastern District, S acramento Division.

2. I
f any litigation action or proceeding is commenced in connection with this Agreement, the prevailing Party , as determined by the court, shall be entitled to reasonable attorneys' fees (including allocated costs for in- house legal services), costs and necessary disbursements incurred in such action or proceeding.

22. NO
PERSONAL LIABILITY. No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY or for any amount due CONTRACTOR.

23. I
NTEGRATION AND MODIFICATION. Th e response by CONTRACTOR to the Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with the CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals or Qualifications . This Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single

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SCO

PE OF WORK
Professional Pest Control Services, Project No. OM-24-068 Description
Vendor shall provide at their own risk, all labor, materials, supervision, insecticides, tools, equipment, insurance, permits, licenses, storage, transportation, disposal, and proper protection necessary to accomplish effective pest control, and use the most modern and professional pest procedures according to industry practices and Department of Pesticide Regulation/Structural Pest Control Board of California. Vendor shall properly remove and dispose of any insects, dead rodents and/or rodent feces.

Vendor shall use all caution necessary to prevent humans, domestic pets, and non- targeted animals from being harmed by Vendor’s methods to control pest activity.

1. Monthly Pest Control Service
The Vendor is to provide for all buildings included in this RFP an environment that is free from all pests, including, but not limited to:
• Spiders, including the removal of all spider webs from outside of all buildings, up to a maximum height of two (2) stories, which is defined as 25- 30 feet from ground level
• Cockroaches and beetles
• Crickets and grasshoppers
• Ants (all species), earwigs, sow bugs, and silverfish • Fleas, lice, mites, and other biting insects
• Mice, rats, and other rodents
• Bees, wasps, hornets, and other stinging insects nesting in the interior or exterior, up to a maximum height of two (2) stories, defined as 25-30 feet from ground level
The monthly pest cont rol service includes a combinati on of inspection a nd mitigation efforts in the building interiors and around exterior perimeters.

Vendor will provide the Project Manager a monthly schedule showing the day each location will be serviced, along with a schedule of services to be performed at each facility.

T
he schedule shall be provided, at minimum, one week before any service to allow the Project Manager sufficient time to coordinate with designated onsite staff. Each facility shall be serviced monthly, unless noted otherwise. Frequency of service is listed on Attachment 1 – Required Service Locations. A sample schedule shall be submitted with the proposal.

Vendor personnel shall check in with designated City staff before performing services to receive an update on any issues that may have arisen since the last routine service. A list of designated personnel at each site will be provided prior to commencement of the

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ATTACHMENT A
Service
Contract. City escorts are required at several facilities. If designated staff are unavailable to escort a Vendor’s technician inside a facility, technician must notify the Project Manager immediately. If the Project Manager cannot locate an escort within a reasonable time, the exterior of the facility shall be serviced.

The Vendor must perform a thorough inspection during routine services. Vendor personnel shall provide the Project Manager with an electronic copy of the service report within one week of service, in order to report any issues that may be addressed by the City prior to the next scheduled service (e.g. trim vegetation away from building, install door sweeps, etc.). Service reports must be signed by the designated building representative to verify that the services were delivered, unless no representative was present and only exterior perimeters were treated. A sample service report shall be submitted with Vendor proposal. The Service Report should include:
• Building Name and Address
• Date and Time of Service
• Name of Service Technician who provided the service
• Completed Checklist which summarizes the results of inspections in terms of sanitation, structure, storage practices, etc. observed by the Service Technician
• Chemicals Used
• Comments and Recommendations
The Vendor shall make as many service calls as may be required to accomplish satisfactory eradication and control. Emergency service without extra charge within 24 hours of call for same shall be provided.

Vendor shall maintain a sufficient supply of chemicals and mechanical traps in the most efficient manner to ensure effective, preventative pest control.

All pest control services shall be performed in accordance with Federal, State and Local rules and regulations. Any and all chemicals used during the service must be approved for its intended use and applied in a manner consistent with the regulations established by the State of California Department of Pesticide Regulation/Structural Pest Control Board and consistent with Federal and Cal OSHA standards.

2. Vendor Responsibilities
The Vendor shall appoint an Account Manager who shall be responsible for the performance of the work and an alternate(s) who shall act for the Vendor when the Account Manager is absent. The names of these persons shall be designated in writing to the City. For this work, the term “Account Manager” shall include the alternate as specified above. The Account Manager, or their designee/alternate, shall be available during normal business hours to meet with City representative(s) to discuss any problem areas.

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ATTACHMENT A
The
Vendor shall employ only workers who are competent and skilled for work under this Contract. The City shall, throughout the term of the Contract or any extension thereof, have the right of reasonable rejection and/or approval of staff assigned to the work by the Vendor. If the City’s Project Manager rejects one of Vendor's staff, the Vendor must provide replacement staff satisfactory to the City at no additional cost. Any Vendor employee who is, in the opinion of the City, considered incompetent, disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, shall be removed immediately from work under this Service Contract upon request of the City.

Vendor acknowledges it is an independent contractor and shall not for any purpose be deemed to be an employee, agent, or other representative of the City. Vendor shall not assign, sublet, transfer or otherwise substitute its interest in this work, or any of its obligations, without the prior written consent of the City. It is the intent of these specifications that all work is to be performed by Vendor's forces.

Vendor shall employ enough staff to ensure effective performance of the work described.

All work shall be performed by experienced staff directly employed by the Vendor.

Each employee of the Vendor shall be identified by photograph identification badge and uniform readily identifying the worker as an employee of the Vendor’s company. Each employee must be so identified at all times while performing work in or around any City facility.

No unauthorized person or persons who are not employees of the Vendor (i.e., spouse, children, brother, sister, friends, etc.) shall be allowed within the immediate work area during the performance of services under this contract.

3. Vendor Qualifications
Vendor will furnish with proposal, a current and valid copy of California State Applicators License, for all personnel directly involved with pesticide application at City facilities. It will be the Vendor’s responsibility to renew licenses a minimum of fifteen (15) days prior to their expiration date and to provide the City with a copy of the updated license upon receipt. Failure to provide this information will be grounds for immediate contract termination.

4. Areas to Be Treated
Areas to be treated in each building shall include, but not be limited to, the following:
• All common areas.
• Food preparation and serving areas.
• Restrooms, corridors, private offices, storage, mechanical rooms, and stairways.
• The outside perimeter of buildings up to a maximum height of two (2) stories, defined as 25-30 feet from ground level.

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ATTACHMENT A
• F
loors, doors, foundations, offices, restroom facilities and lunchroom areas.

Food Handling Areas – Treatment of these areas is limited to only times when food is not being handled, processed, prepared, served, and while not occupied by facility employees. Mechanical traps and/or glue boards will be utilized in any food preparation area.

Occupied Areas – Vendor shall utilize pesticides with as low volatility and as odor free as possible in order to keep odor levels from affecting occupants.

Electrical and Computerized Areas – Insect baits are to be used when necessary to treat areas with sensitive electrical, and/or computerized equipment.

5. Integrated Pest Management (IPM) Policy
The Vendor shall submit a copy of the company’s IPM policy along with the proposal.

Should the company not have a current IPM policy, the Vendor must establish an IPM policy and submit along with the proposal. The Vendor selected to provide pest control services to the City shall implement the IPM policy by the service start date.

Vendor shall advise the City in writing regarding the application of any insecticides and pesticides. Vendor shall electronically provide a site-specific monthly schedule to the City’s Project Manager showing where, when and what insecticides and pesticides will be applied at least five (5) working days prior to application each month. It shall specify the pest, manner of application, proposed date of application, the time, and location. It shall contain the brand and common name of the pesticide and list the acute effects.

Vendor must include Safety Data Sheets (SDS) with the proposal, including Chemical Abstract Service (CAS) number. It is also the Vendor’s responsibility to provide any updates or revisions of the SDS, as they may become available for any products sold or delivered to the City of Stockton.

Vendor is solely responsible for any damage or injury due to Vendor’s application or misapplication of insecticides and pesticides.

6. Hazardous Conditions
Vendor is require d to notify th e City Project Manage r immediately of any hazardous conditions and/or damage to City property.

Vendor shall not dispos e of any excess pesticide containers or an y other materials contaminated by pesticides at any City location or City-owned refuse bin.

No pest control materials o r equipment shall be stored or kept at an y facility when the operator is not working.

EXTRA WORK
The City may request the Vendor to perform extra work. Any extra work will be paid for on a time and materials basis. Should there be additional buildings/facilities that require

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ATTACHMENT A
pest control and need to be added to the existing contract, the value of new work shall be determined by the average regular monthly cost per facility square foot set forth in the Vendor’s proposal.

All proposals for extra work must be approved by the City’s designated Project Manager and will be processed as a Contract Change Order, which must be signed by the City Manager. No work can be performed on change order sites until an executed Contract Change Order is received by the Vendor.

LOCATIONS AND FREQUENCIES
A full list of service locations and frequencies of service to each is included as Attachment 1 – Required Service Locations.

The City of Stockton reserves the right to add, modify or cancel services at existing locations without Vendor approval. Such changes will be communicated in writing by the Public Works Director or their authorized representative. Addition, modification or removal of services at a City facility will be authorized by Contract Change Order, signed by the City Manager.

INVOICING
Vendor will promptly submit one (1) monthly itemized invoice, no later than fifteen (15) days after the end of the reporting month. All invoices should reference purchase order and contract numbers, which will be provided by the Project Manager prior to the start of service. The Vendor shall customize invoices at the request of the City. A sample invoice shall be submitted with Vendor proposal.

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ATTACHMENT A

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ATTACHMENT A

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ATTACHMENT A

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ATTACHMENT A
FEE SCHEDULE for PROFESSIONAL PEST CONTROL SERVICES, PROJECT NO. OM-24-068 California Pest Control
No. FACILITY ADDRESS
Interior &
Exterior
Service
Months per
Year of
Service
# of
Services
per Month
Year 1
Monthly
Cost
Year 2
Monthly
Cost
Year 3
Monthly
Cost
Year 4
Monthly
Cost
Year 5
Monthly
Cost
1 City Hall* 425 N. El Dorado St. x 12 1 106.00$ 106.00$ 107.50$ 109.00$ 110.50$ New City Hall - Blg. 1* 501 W. Weber Ave. x 12 1 106.00$ 106.00$ 107.50$ 109.00$ 110.50$ New City Hall - Blg. 2* 509 W. Weber Ave. x 12 1 106.00$ 106.00$ 107.50$ 109.00$ 110.50$ 3 Stewart Eberhardt Building 22 E Weber Avenue x 12 1 106.00$ 106.00$ 107.50$ 109.00$ 110.50$ 4 Corp Yard 1465 S Lincoln St. x 12 1 106.00$ 106.00$ 107.50$ 109.00$ 110.50$ 5 Cesar Chavez Library 605 N El Dorado St. x 12 1 106.00$ 106.00$ 107.50$ 109.00$ 110.50$ 6 Maya Angelou Library 2324 Pock Lane x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 7 Margaret Troke Library 502 W Benjamin Holt Dr. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 8 Fair Oaks Library 2370 E Main St. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 9 Oak Park Senior Center 730 E Fulton Avenue x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 10 Arnold Rue Community Center 5758 Lorraine Avenue x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 11 Stribley Community Center 1760 E Sonora St. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 12 Seifert Community Center 128 W Benjamin Holt Dr. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 13 Merlo Gymnasium 2021 Anne St. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 14 Van Buskirk Community Center 724 Houston Avenue x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 15 Dorothy Jones Center 2044 Fair St. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 16 Fire Station 1 1818 S Fresno St. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 17 Fire Station 2 110 W Sonora St. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 18 Fire Station 3 1116 E First St. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 19 Fire Station 4 5525 Pacific Avenue x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 20 Fire Station 5 3499 Manthey Rd. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 21 Fire Station 6 1501 Picardy Dr. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 22 Fire Station 7 1767 W Hammer Lane x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 23 Fire Station 9 550 E Harding Way x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 24 Fire Station 10 2903 W March Lane x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 25 Fire Station 11 1211 E Swain Rd. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 26 Fire Station 12 4010 E Main St. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 27 Fire Station 13 3606 Hendrix Dr. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 28 Fire Station 14 3019 McNabb St. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 29 Pixie Woods Amusement Park 3121 Monte Diablo x 5 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 30 Civic Auditorium 525 N Center St. x 12 1 106.00$ 106.00$ 107.50$ 109.00$ 110.50$ 31 Buckley Cove Payment Booth 5863 Buckley Cove Way x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 32 Podesto Teen Impact Center* 725 N. El Dorado St. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 33 Main Police Department 22 E Market St. x 12 1 106.00$ 106.00$ 107.50$ 109.00$ 110.50$ 34 Animal Services Center* 1575 S Lincoln St. x 12 1 106.00$ 106.00$ 107.50$ 109.00$ 110.50$ 35 Permit Center* 345 N El Dorado St. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 36 Linden Library 19059 E Highway 26, Linden, CA x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 37 Thornton Library 26341 N Thornton Rd., Thornton, CA x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 38 Oak Park Pool 3547 Alvarado St. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 2 EXHIBIT B

Page 18 of 39 ends

ATTACHMENT A
FEE SCHEDULE for PROFESSIONAL PEST CONTROL SERVICES, PROJECT NO. OM-24-068 California Pest Control
No. FACILITY ADDRESS
Interior &
Exterior
Service
Months per
Year of
Service
# of
Services
per Month
Year 1
Monthly
Cost
Year 2
Monthly
Cost
Year 3
Monthly
Cost
Year 4
Monthly
Cost
Year 5
Monthly
Cost
39 Sousa Park Pool 2899 Yellowstone Ave. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 40 Brooking Park Pool 4505 Nugget x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 41 Holiday Park Pool 5710 Kermit Lane x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 42 McKinley Community Center 424 E Ninth St. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 43 Louis Park Softball Complex 3121 Monte Diablo Ave. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 44 Misty Holt Softball Complex 9820 McNair Way x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 45 Stockton Soccer Complex 10055 CA-99 x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 46 Weber Point Event Center 235 N Center St. x 12 1 106.00$ 106.00$ 107.50$ 109.00$ 110.50$ 47 Cogeneration Building 2500 Navy Drive x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 48 Operations Building 2500 Navy Drive x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 49 Collections/Maintenance* 2500 Navy Drive x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 50 T-Plant Buildings 2500 Navy Drive x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 51 Administration Building 2500 Navy Drive x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 52 Safety Building 2500 Navy Drive x
12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 53 Environmental Control Building 2500 Navy Drive x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 54 Stores 2501 Navy Drive x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 55 Engineering Office* 2500 Navy Drive x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 56 14 Mile Slough Reservoir Building 5656 Feather River Dr. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 57 Weston Ranch Reservoir Building 738 S. French Camp Rd. x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 58 Northwest Reservoir Building 10004 Trinity Parkway x 12 1 49.00$ 49.00$ 50.50$ 52.00$ 53.50$ 59 Administrative Building 11373 N. Lower Sacramento Rd x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 60 Operations Building 11373 N. Lower Sacramento Rd x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 61 Maintenance Shop 11373 N. Lower Sacramento Rd x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 62 Ozone Building 11373 N. Lower Sacramento Rd x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 63 Membrane Filtration Building 11373 N. Lower Sacramento Rd x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 64 Water Field Office 7400 West Lane x 12 2 98.00$ 98.00$ 101.00$ 104.00$ 107.00$ 65 Sanitary Pump Station 1 14 Mile Slough x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 66 Sanitary Pump Station 2 Arch Road x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 67 Sanitary Pump Station 3 Brookside Estates x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 68 Sanitary Pump Station 4 Buckley Cove x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 69 Sanitary Pump Station 5 Camanche & Ridgeway x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 70 Sanitary Pump Station 6 Cumberland x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 71 Sanitary Pump Station 7 Drake Avenue x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 72 Sanitary Pump Station 8 Harding Way Subway Lift Station x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 73 Sanitary Pump Station 9 Origone - System 9 x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 74 Sanitary Pump Station 11 Plymouth & 5 Mile Creek x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 75 Sanitary Pump Station 12 Saint Joseph Hospital x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 76 Sanitary Pump Station 13 Sanguinetti x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 77 Sanitary Pump Station 14 Smith Canal x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$

EXHIBIT B

Page 19 of 39 ends

ATTACHMENT A
FEE SCHEDULE for PROFESSIONAL PEST CONTROL SERVICES, PROJECT NO. OM-24-068 California Pest Control
No. FACILITY ADDRESS
Interior &
Exterior
Service
Months per
Year of
Service
# of
Services
per Month
Year 1
Monthly
Cost
Year 2
Monthly
Cost
Year 3
Monthly
Cost
Year 4
Monthly
Cost
Year 5
Monthly
Cost
78 Sanitary Pump Station 15 Swenson Park (N. Pump Station) x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 79 Sanitary Pump Station 16 Waterloo Road x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 80 Sanitary Pump Station 17 Weston Ranch x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 81 Sanitary Pump Station 18 Wilhelmina Henry School x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 82 Sanitary Pump Station 19 6210 West Lake Dr. x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 83 Storm Pump Station 1 Airport Way & Duck Creek x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 84 Storm Pump Station 2 Alexandria & 14 Mile Slough x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 85 Storm Pump Station 3 Arch Rd. Industrial Park x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 86 Storm Pump Station 4 Bianchi & Calaveras x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 87 Storm Pump Station 5 Black Oak & 14 Mile Slough x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 88 Storm Pump Station 6 Bonnie Brook x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 89 Storm Pump Station 7 Brookside & Calaveras (Stagg) x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 90 Storm Pump Station 8 Brookside & I-5 x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 91 Storm Pump Station 9 Buena Vista & Smith Canal x
12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 92 Storm Pump Station 10 Cayuga & Mosher x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 93 Storm Pump Station 11 Center Street Underpass x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 94 Storm Pump Station 12 Charter Way East Subway x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 95 Storm Pump Station 13 Charter Way West Subway (MLK) x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 96 Storm Pump Station 14 Don & Mosher Slough x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 97 Storm Pump Station 15 Eight St. & San Joaquin x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 98 Storm Pump Station 16 El Dorado & Mosher Slough x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 99 Storm Pump Station 17 Fresno & Scotts Ave. x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 100 Storm Pump Station 18 Legion Park x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 101 Storm Pump Station 19 March Lane East Subway x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 102 Storm Pump Station 20 March Lane West Subway x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 103 Storm Pump Station 21 Pacific & Five Mile Creek x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 104 Storm Pump Station 22 Pixley Slough & Eight Mile x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 105 Storm Pump Station 23 Riverbend & Calaveras x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 106 Storm Pump Station 24 Royal Oaks & Bear Creek x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 107 Storm Pump Station 25 Sanguinetti & Calaveras x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 108
Storm Pump Station 26 Stagecoach & Duck Creek x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 109 Storm Pump Station 27 Stockton Channel Bubbler Station x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 110 Storm Pump Station 28 Sutter & Calaveras x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 111 Storm Pump Station 29 Taft (Clayton & Harvey) x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 112 Storm Pump Station 30 Turnpike & Walker Slough x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 113 Storm Pump Station 31 Westlane & Calaveras South x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 114 Storm Pump Station 32 Weston Ranch x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$ 115 Storm Pump Station 33 Wilson Way Subway x 12 1 29.00$ 29.00$ 30.50$ 32.00$ 33.50$

EXHIBIT B

Page 20 of 39 ends

Examples of potential pricing methodologies for future services:

Adding a building for ongoing standard services - $____49.00____ per (location/square foot, hour etc.) Adding a building/location for one time special services - $____125.00____ per (location/square foot, hour etc.)

ANNUAL TOTAL FOR

ROUTINE SERVICES
On-Call Flea & Tick Spray Treatment
for 217,800 SF (5 acres)
On-Call Inground Wasp Removal (in
City parks)

EXHIBIT B

Page 21 of 39 ends

ATTACHMENT A
REV 2022-05-17
Exhibit C:

Ins
urance Requirements
(Pest Control)
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.

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

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

3. Work
ers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if contractor provides written verification it has no employees)

4. Pollu
tion Liability applicable to the work being performed, to include non-aerial spraying of pesticides and herbicides, etc., with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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

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

EXHIBIT C

Page 22 of 39 ends

ATTACHMENT A
REV 2022-05-17
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. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.

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

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

EXHIBIT C

Page 23 of 39 ends

ATTACHMENT A
REV 2022-05-17

endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Stockton has received a waiver of subrogation endorsement from the insurer.

Self -Insured Retentions

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

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

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

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

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

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

EXHIBIT C

Page 24 of 39 ends

ATTACHMENT A
REV 2022-05-17
Verification of Coverage
C
ontractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

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

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

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

C
ertificate Holder Address
T
he address for mailing certificates, endorsements and notices shall be:

C
ity of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main Street, 3rd Floor – HR
Stockton, CA 95202

EXHIBIT C

Page 25 of 39 ends

ATTACHMENT A
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.

II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.

All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.

C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.

D. All City employees and non-employees share a responsibility to assist in

EXHIBIT D

Page 26 of 39 ends

ATTACHMENT A
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 2 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 maintaining an employment environment free of discrimination and harassment. This policy applies to all aspects of City employment, including, but not limited to, hiring, reassignment, placement, promotion, employment action, disciplinary action, layoff, reemployment, transfer, leave of absence, compensation and benefits, training; or other terms of treatment of that person in an unpaid internship, or another limited duration program to provide unpaid work experience for that person, or the harassment of an unpaid intern or volunteer.

E. All allegations of discrimination and/or harassment shall be investigated immediately by the City, in accordance with this policy. If it is determined that any prohibited activity has occurred, remedial action shall be taken. Such action may include discipline up to and including discharge. In addition, under applicable law, individual supervisors and employees may be subject to personal liability and/or punitive damages in any litigation arising as a result of such conduct.

F. All new hires shall attend harassment awareness training, and supervisors and managers shall attend harassment awareness and prevention training for supervisors every two years.

G. The City of Stockton prohibits retaliation against any employee or non employee by another employee, non-employee, supervisor, or manager for reporting, filing, testifying, assisting or participating in any manner in any investigation, proceeding, or hearing conducted by the employer or a federal or state enforcement agency.

H. This policy applies to all officials, employees, volunteers, unpaid interns, agents, or contractors of the City.

I. This policy shall be administered by the Director of Human Resources.

EXHIBIT D

Page 27 of 39 ends

ATTACHMENT A
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:

1. Soliciting applications from a source where all or most of potential workers are of the same race or color.

2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and

3. Questioning a job applicant about the existence, nature and severity of a disability.

B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3)

EXHIBIT D

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ATTACHMENT A
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14

DISCRIMINATION AND

HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.

Harassment may take many forms, including, but not limited to, the following examples:

1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.

C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:

1. Submission to such conduct is made a term or condition of employment; or

2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or

EXHIBIT D

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ATTACHMENT A
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 of 14

DISCRIMINATION AND

3. Such conduct has the purpose or effect of unreasonably interfering with an employee's or non-employee's work performance or creating an intimidating, hostile or offensive working environment because of the persistent, severe or pervasive nature of the conduct.

Examples of Sexual Harassment include, but are not limited to the following:
a. Unwelcome sexual overtures or propositions.
b. Offering employment benefits or status in exchange for sexual favors.
c. Making or threatening retaliation after a negative response to sexual advances.
d. Visual conduct such as leering, making sexual gestures, displaying sexually suggestive objects or pictures, cartoons, calendars or posters.
e. Verbal conduct such as using epithets or slurs, telling sexually explicit jokes, or making derogatory or suggestive comments about a person's body or dress.
f. Written communications of a sexual nature distributed in hard copy, soft copy or via a computer network.
g. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to describe an individual, suggestive or obscene letters, notes or invitations.
h. Physical conduct such as touching, assaulting, impeding or blocking movements.

EXHIBIT D

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ATTACHMENT A
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date:

HARASSMENT POLICY
Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.

D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:

1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;

2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;

3. Testifies in a proceeding concerning such violation;

4. Assists or participates in a proceeding concerning a violation; or

5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.

An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.

IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any

EXHIBIT D

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ATTACHMENT A
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.

1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and non employees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or

EXHIBIT D

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ATTACHMENT A
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14

DISCRIMINATION AND

HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.

If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.

2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or non employee to cease the conduct.

EXHIBIT D

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ATTACHMENT A
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From:

HARASSMENT POLICY
Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.

B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.

C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.

V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is

EXHIBIT D

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ATTACHMENT A
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.

Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:

1. Identify and preserve the evidence.

2. Confirm the name and position of the complainant. Interview the complainant.

3. Allow the complainant the opportunity to place the complaint in writing.

4. Obtain the identity of the alleged harasser(s).

5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).

6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).

7. Ascertain if any threats or promises were made in connection with the alleged harassment.

8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).

9. Ascertain whether the complainant has spoken to anyone, especially

EXHIBIT D

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ATTACHMENT A
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14

DISCRIMINATION AND

HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.

10. Ascertain what resolution would be acceptable to the complainant.

11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.

12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.

13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.

14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.

15. Conduct follow-up interviews, if warranted.

16. Prepare report of findings and discuss with management and designated legal staff.

VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall

EXHIBIT D

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ATTACHMENT A
Subject:

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.

B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.

C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.

D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:

1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).

2. Unfounded: The investigation proved that the act(s) or omission(s)

EXHIBIT D

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ATTACHMENT A

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From:

HARASSMENT POLICY 7/27/09

3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.

Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.

E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.

F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.

VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.

VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these

EXHIBIT D

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ATTACHMENT A

CITY OF STOCKTON, CALIFORNIA

CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 14 of 14

DISCRIMINATION AND

HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 agencies. Both the EEOC and DFEH serve as neutral fact-finders and attempt to assist parties in resolving disputes voluntarily.

IX. COMMUNICATION OF POLICY
This policy shall be provided to all managers, supervisors, employees, volunteers, unpaid interns, agents or contractors of the City and shall be posted in the appropriate places. All employees shall participate in City approved harassment awareness training as directed by management or Human Resources; and all supervisors, as required by law, shall participate in City approved interactive harassment awareness training and education sessions at least once every two years, or as otherwise specified by law.

APPROVED:
c:r��SON

CITY MANAGER
::ODMA\GRPWISE\COS.PER.PER_Library:96180.1

EXHIBIT D

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ATTACHMENT A

City Council and Concurrent AuthoritiesMay 14, 2024

City Council and Concurrent Authorities
May 14, 2024