(Updated 03/05/2024)
PROFESSIONAL SERVICES CONTRACT
(for non-federal projects)
THIS CONTRACT is entered into this day of 2025, between the CITY OF S TOCKTON, a municipal corporation ( “City”), and WEST CO AST ARBO RISTS, INC. whose address is 2200 E. VIA BURTON STREET, ANAHEIM, CA 92806 (“Consultant”) for the
PROFESSIONAL TREE SERVICES FOR STOCKTON URBAN FOREST INVENTORY (PROJECT NO. OM-24-085/WE22052), hereinafter referred to as "Project".
RECITALS
A. Consultant represent
s that it is licensed in the State of California and is qualified to provide the services proposed in the SCOPE OF WORK section of this Contract.
B. City finds it
necessary and advisable to use the services of the Consultant for the purposes provided in this Contract.
NOW THEREFORE, in consideration of the mutual promises, covenants, and conditions in this Contract, Cit y and Consultant agree as follows:
1. SCOPE OF SERVI CES. Subject to the terms and conditions set forth in this Contract, Consultant shall undertake and complete the services described in Exhibit A .
Consultant shall provide said services at the time, place, and in the manner specified in Exhibit B and compatible with the standards of the profession. Consultant agrees that it shall produce a full
y complete project that is acceptable to the City.
2. COMPENSATION. City shall pay Consultant f or servi ces outlined in Exhibit A accor
ding to the fee no t to exceed the schedule detailed in Exhibit C, which is attached to this C
ontr
act and incorporated by this reference. Consultant agrees this fee is for full remuneration for performing all services and furnishi ng all st affing and materials called for i n the scope o f services. The p ayments shall be m ade o n a m onthly basi s upon receipt an d approval of Consultant’s invoice. Total compensation for services and reimbursement for costs shall not exceed $600,000
or as otherwise mutually agreed to in a Contract Amendment.
3. INSURANCE. During the term of this Contract, Consultant shall maintain in full force and effect at its own cost and expense the insurance coverage as set fort h in the attached Exhibit D and shall otherwise comply with the other provisions of Exhibit D.
4. INDEMNITY AND HOLD HARMLESS. Pursuant to the full language of California Civil Code §2782, design Professional agrees to indemnify, including the cost to defend, City of St
ockton and its officers, officials, employees, and volunteers from and against any and all claims, demands, costs, or liability that arise out of, or pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional and its employees or agents in the perfor
mance of services under this contract, but this indemnity does not apply to liability for damages arising from the sole negligence, active negligence, or willful acts of the City of Professional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052
ATTACHMENT A
Prof
essional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)
Stoc
kton; and does not apply to any passive negligence of the City of Stockton unless caused at least in part by the Design Professional. The City of Stockton agrees that in no event shall the cost to defend charged to the Design Professional exceed that professional’s proportionate percentage of fault. This duty to indemnify shall not be waived or modified by contractual agreement or acts of the parties.
5. SCHEDUL
E AND TERM . Cons ultant shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit B, which is attached to this Contract and incorporated by this reference. This Contract shall commence on the date written above and shall expire on December 31, 2026, unless extended by mutual agreement through the issuance of a Contract Amendment.
A. Invoi
ces
submitted by Consultant to City must contain a brief description of work performed, time used, and include the City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
B. Upon co
mpletion of work and acceptance by City, Consultant shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by City upon receiving a written request thirty (30) days in advance of said time limitation. City shall have no obligation or liability to pay any invoice for work performed which Consultant fails or neglects to submit within sixty (60) days, or any extension thereof granted by the City, after work is accepted by City.
6. CONFO
RMANCE TO APPLICABLE LAWS. Consult ant shall comply with all applicable federal, State, and Municipal laws, rules, and ordinances. Consultant shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
A. TITLE
VI
Tit
le VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d). https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil- rights-act-of-1964
The Ci
ty of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source.
B. DISCRI
MINATION AND HARASSMENT POLICY
The Ci
ty of Stockton has a Discrimination and Harassment Policy ( Exhibit E).
The purpose of this policy is to reaffirm the C ity’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment,
ATTACHMENT A
Prof
essional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)
incl
uding 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. LABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
The bid
der 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 &division=2.&title=&part=7.&chapter=1.&article=2
D. PREVAIL
ING WAGE RATES
Consul
tant 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. Consultant 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 C onsultant and each subcontractor's responsibility to ensure that the prevailing wage rates of concern is current and paid to the employee.
i. The C
onsultant performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at https://www.dir.ca.gov/OPRL/DPreWageDetermination.htm Consultant 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.
ii. Should t
he C ons
ultant choose to work on a Saturday, Sunday or on a
holiday recognized by the Labor Unions, the Consultant 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 C ity, 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 C ity 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 Consultant, 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
ATTACHMENT A
Prof
essional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)
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 under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. PAYROLL RECORDS - The Consultant to whom the contract is awarded shall ensure 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 Consultant’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. APPREN
TICESHIP STANDARDS - The Consultant 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 administer and conduct apprenticeship programs, if applicable to the job.
E. SANCT
IONS
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.
7. RIGHT
S AND DUTIES OF CITY. Cit y shall make available to Consultant 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 Consultant in obtaining such information as may be deemed necessary from other agencies and individuals.
8. OBLIGA
TIONS OF CONSUL TANT. Throughout the term of this Contract, Consultant 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 Consultant to practice its professions, and Consultant shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals. Consultant shall meet with the Public Works Director or other personnel of City or third parties as necessary on all matters connected with the carrying out of Consultant’s services. Such meetings shall be held at the request of either party hereto. Consultant 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.
9. OWNE
RSHIP OF WORK. All r eports, drawings, designs, plan review comments, work product, and all other documents completed or partially completed by Consultant in the performance of this Contract shall become and remain the property of the City. Any and all
ATTACHMENT A
Pr
ofessional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)
copy
rightable subject matter in all materials is hereby assigned to the City and the Consultant agrees to execute any additional documents that may be necessary to evidence such assignment. All materials shall be delivered to the City upon completion or termination of the work under this Contract. If any materials are lost, damaged, or destroyed before final delivery to the City, the Consu ltant shall replace them at its own expense. Consultant shall keep materials confidential. Materials shall not be us ed for purposes other than performance of services under this Contract and shall not be disclosed to anyone not connected with these services unless the City expressly provides prior written consent.
10. CONT
RACT AMENDMENTS. City res erves the right to make such alterations as may be deemed necessary or advisable and to require such extra work as may be required for the proper completion of the work contemplated by Consultant. Any such 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.
11. TE
RMINATION. The C ity may terminate this Contract at any time by mailing a notice in writing to Consultant. The Contract shall then be deemed terminated and no further work shall be performed by Consultant. If the Contract is so terminated, the Consultant shall be paid for that percentage of work actually completed at the time the notice of termination is received.
12. CONS
ULTANT STATUS. In perf orming the obligations set forth in this Contract, Consultant shall have the status of an independent c ontractor and Consul tant shall not be considered to be an employee of the City for any purpose. All persons working for or under the direction of Consultant are its agents and employees, and are not agents of the City.
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 Consultant. The Consultant shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The Consultant is responsible to the City for the acts and omissions of its subcontractors and persons directly or indirectly employed by them.
A. If
in t
he performance of this Contract any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. 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 Consultant. i. It
is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant’s personnel.
ii. As
an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against the City based
ATTACHMENT A
Prof
essional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)
upon any
contention by any third party that employer-employee relationship exists by reason of this Contract.
13. ASSI
GNMENT. Consul tant 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 City may set forth in writing. Consultant shall be solely responsible for reimbursing subcontractors.
14. HEADING
S NOT CONTROLLING. Headings us ed in the Contract are for reference purposes only and shall not be considered in construing this Contract.
15. NOTI
CES. Any an d all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:
To Cons
ult
ant: West Coast Arborists, Inc. To City: Public Works Director 2200 E. Via Burton St. City of Stockton
Anaheim, CA 92806 22 E. Weber Ave., Rm. 301
Stockton, CA 95202
16. LICE
NSES, CE RTIFICATIONS, AND PERMITS. Prior to the City’s execution of this Contract and prior to the Consultant’s engaging in any operation or activity set forth in this Contract, Consultant shall obtain a City of Stockton business license, which must be kept in effect during the term of this Contract. Consultant covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Contract.
17. RECORDS
AND AUDITS. City reserves the right to periodically audit all charges made by Consultant to City for services under this Contract. Upon request, Consultant agrees to furnish City, or a designated representative, with necessary information and assistance.
Consul
ta
nt agrees that City or its delegate shall have the right to review, obtain, and copy all records pertaining to performance of the Contract. Consultant 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. Consultant agrees to maintain such records for a period of three years from the date that final payment is made.
18. CONFI
DENTIALITY. Consult ant shall exercise reasonable precautions to prevent the unauthorized disclosure and use of City reports, information or conclusions.
19. CONFL
ICTS OF INTEREST. Consult ant covenants that other than this Contract, Consultant has no financial interest with any official, employee, or other representative of the City. Consultant 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
ATTACHMENT A
Prof
essional Services Contract – WEST COAST ARBORISTS, INC. – PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)
of Cons
ultant’s services under this Contract. If such an interest arises, Consultant will immediately notify City.
20. WAIV
ER. In the event either City or Consultant 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.
21. GOV
ERNING LAW. Calif ornia 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.
22. NO PERSONAL LIABILITY. No offic
ial or employee of City shall be personally
liable to Consultant in the event of any default or breach by City or for any amount due Consultant.
23. INTE
GRATION AND MODIFICATION . The res ponse by Consultant to the Request for Proposals and the Request for Proposals on file with the City Clerk 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. This Contract represents the entire integrated agreement between Consultant 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 Consultant and City. All exhibits and this contract are intended to be construed as a single document.
Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.
24. SEVERAB
IL ITY. The provisions of this Contract are severable to the extent that should any of its provisions or terms be declared void in whole or in part by operation of law or agreement of the parties, the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.
25. THIRD P
ARTY RIGHTS. Nothin g in this Contract shall be construed to give any rights or benefits to anyone other than City and Consultant. //
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ATTACHMENT A
26. AUTHORITY. The undersigned hereby represent and warrant that they are authorized by the parties to execute this Contract.
IN WITNESS WHEREOF: the parties have executed this Contract the day and year first herein above written.
CITY OF STOCKTON
By: ____________ _
STEVE COLANGELO,
INTERIM CITY MANAGER
ATTEST:
BY: --------------
KA THERINE ROLAND, CMC, CPMC
CITY CLERK
APPROVED AS TO FORM:
BY: -------------
DEPUTY CITY ATTORNEY
By: __ -11------1L.....:µ.___,1-------
Signature
Print Name
Title: President
Professional Services Contract - WEST COAST ARBORISTS, INC. - PROJECT NO. OM-24-085/WE22052 (Updated 03/05/2024)
SCOPE OF WORK
A GIS-based
, mapped tree inventory will be performed to collect tree data and various site attributes. The Consultant will provide the City with the required information in a GIS database format that can be imported into a computer software program specifically designed to run urban forest tree management data based on a GPS location associated with the City’s current horizontal coordinates. The inventory data shall be retained in CSV and the Consultant's software on secure remote servers. Files will contain metadata references and be able to be projected to desired coordinates. Data export shall be free.
The consul
tant shall use an ISA -certified team to collect inventory data. The consultant shall be available for meetings with the City every 2 weeks during the project.
A co
mprehensive inventory of all streets, park, and other trees identified by the City or on city- owned properties shall include a.) Street Trees, b.) Trees in City Parks, c.) Open Space Trees, d.) Trees on other City-owned property, e.) Private Trees in ROW, f.) Other trees identified by the City.
1. The foll
owing are the necessary minimum collection attributes for the Urban Forest Tree Inventory as defined by CalFire. Please propose additional attributes as your firm determines appropriate and best:
a. Mapping C
oordinate: X and Y coordinate locations (latitude and longitude). Each tree will be located using GIS maps and/or GPS equipment;
b. Block si
de: The location of each tree in a publicly owned area and planting site shall be described so that it can be easily identified for future work. In addition to coordinates, the trees are to be located using a street name and nearest street address (number and street);
c. Area: T
ree locations will be identified by longitude and latitude; street address, where available; facility name/area, and unique tree identifier number; d. Location: The tree’s physical location in relation to public sidewalk, or in relation to City facility/park area compared to existing structures; e. Pict
ure of planting location, tree, or stump;
f. Botani
cal name: Genus, species, variety as available, and common name; g. Diamet
er: Trunk diameter at breast height (DBH) of largest stem, at 4 ½ feet above ground level, to the nearest 1-inch, with date of measurement noted; h. Stem
s: Number of stems below 4 ½ feet above ground level;
i. Conditi
on: In general, the condition for each tree will be recorded by utilizing the
EXHIBIT A
ATTACHMENT A
following categories adapted from the rating system established by the International Society of Arboriculture:
Ex
cellent 100%
Very Good 90%
Good 80%
Fair 60%
Poor 40%
Critical 20%
Dead/Dying 0%
j. Mai
ntenance Need: Documenting the maintenance need and assigning a rating for trees that are inventoried will be conducted during the Project. A draft document for the criteria of ratings for maintenance need will be completed in collaboration with the Consultant during post award conferences. The identified maintenance need will be used to support and inform the future development the Urban Forest Management Plan.
Pr
iority 1 Removal: Trees des ignated for removal have defects that cannot be cost effectively or practically treated. Most of the trees in this category will have a large percentage of dead crown and pose an elevated level of risk for failure. Any hazards that could be potential dangers to persons or property and seen as potential liabilities would be in this category. Large dead and dying trees that are high liability risks are included in this category. These trees are the first ones that should be removed.
Pr
iority 2 Removal: Trees t hat should be removed but do not pose a liability as great as the first priority will be identified here. This category would need attention as soon as “Priority One” trees are removed.
Pr
iority 3 Removal : Trees t hat should be removed, but that pose minimal liability to persons or property, will be identified in this category. Pr
iority 1 Prune : Trees that require priority one pruning are recommended for trimming to remove hazardous deadwood, hangers, or broken branches.
These trees have broken or hanging limbs, hazardous deadwood, and dead, dying, or diseased limbs or leaders greater than four inches in diameter. Pri
ority 2 Prune : Thes e trees have dead, dying, diseased, or weakened branches between two and four inches in diameter and are potential safety hazards.
Lar
ge Tree Routine Prune: Thes e trees require routine horticultural pruning to correct structural problems or growth patterns, which would eventually obstruct traffic or interfere with utility wires or buildings. Trees in this category are large enough to require bucket truck access or manual climbing.
EXHIBIT A
ATTACHMENT A
Small Tree Routine Prune: These trees require routine horticultural pruning to correct structural problems or growth patterns, which would eventually obstruct traffic or interfere with utility wires or buildings. These trees are small growing, mature trees that can be evaluated and pruned from the ground. Tr
aining Prune. Young: large-gr owing trees that are still small must be pruned to correct or eliminate weak, interfering, or objectionable branches to minimize future maintenance requirements. These trees, up to 20 feet in height, can be worked with a pole-pruner by a person standing on the ground. St
ump Removal: This category indicates a stump that should be removed. Pl
ant Tree: During the inventory, vacant planting sites will be identified by street and address. The size of the site is designated as small, medium, or large (indicating the ultimate size that the tree will attain), depending on the growing space available and the presence of overhead wires. k. Cl
earanc
e Required: Trees, which are causing or may cause clearance difficulties for pedestrians or vehicle, will be noted;
l. Vis
ibility: Trees which are blocking clear visibility of signs or traffic signals will be noted and attended to;
m. Gr
ow Space and reasonableness of site to add a new tree in that location, including infrastructure restrictions. Identifying the area within the growing space with the following proposed categories:
L:
Tree Lawn
S: Side Property
C: Curbside Strip
B: Back-up Lot
W: Well/Pit
M: Median
P: Raised Planter
R: Retention/Bioswale
O: Open/Unrestricted
I: Island
U: Unmaintained Area
n. Spac
e Size: The narrowest dimension of the Grow Space, in feet (i.e., 3’x3’ cutout, 4’ parkway strip, open parkland, etc.);
o. Not
es: Additional information regarding disease, insect, mechanical damage, etc., can be included in this field;
p. Saf
ety regulations for traffic visibility and access;
EXHIBIT A
ATTACHMENT A
q. Hardscape Damage: Damage to sidewalks and curbs by tree root.(include number of inches that sidewalk is lifted from existing. If both sides are lifted, measure the difference to the highest point;
r. Ov
erhead Utility lines: The inventory indicates whether overhead conductors or other utility lines are present at the tree site that could result in conflicts with the tree. s. In-grou
nd Utilities: The inventory indicates proximity to visible in-ground utilities.
Any
structural weakness, decayed trunk or branches, or split crotches or limbs discovered on nearby trees by the Contractor during planting shall be reported to the City of Stockton’s designated representative for determination of action, as soon as it is discovered. No tree removals will be funded through this initial contract.
Cont
ractor is asked to provide the City of Stockton with the location and height of uplifted sidewalks at any tree well or planting str ip, to be included in future sidewalk repairs. This information can be updated at any time
Tr
ees shall be inventoried in the following locations:
1. St
reet Functional Classifications: Principal Arterial, Minor Arterial, C ollectors, and Neighborhood Access.
2. City
Facilities:
a. City
Hall, 425 N. El Dorado St. All sides of City Hall building and the Civic Court landscaped median on north side of City Hall.
b. Civic Auditorium, 525 N. Center St., all landscaping and frontage facing Center, Fremont, Oak and Commerce Streets. (LS-A) Saturday service c. Hunter Square, bounded on the east by S. Hunter St.; on the south by Parker's Alley; on the west by a line approximately 80 feet west of the S. Hunter St. Curb, and on the north by a line approximately 120 feet north of the north line of Parker's alley. d. Main Street Plaza, from approximately 200 feet east of the east line of El Dorado St. to 60 feet west of Commerce St.
e. Municipal Service Center Complex, 1465 S. Lincoln St. (Corporation Yard.) This includes the Animal Control Facility (approximately 16 acres). S f. Seifert Community Center, 128 West Benjamin Holt Dr.: trees outside of the building and in the parking lot; from Benjamin Holt Dr. to approximately 200 feet south of Benjamin Holt Dr. and from Alturas Ave. to approximately 600 feet east of Alturas Ave.
g. Gary and Janice Podesto Impact Teen Center, 747 N. El Dorado St. Any trees in parking area or on-site.
h. Main Police Facility at 22 E. Market St. Any trees in parking area or on-site. i. Cesar Chavez Library, 605 North El Dorado St. Any trees in parking area or on-site. j. Fair Oaks Library, 2370 East Main St. Any trees in parking area or on-site.
EXHIBIT A
ATTACHMENT A
k. Maya Angelou Library, 2324 Pock Ln. Any trees in parking area or on-site (includes the areas behind gates).
l. Margaret Troke Library, 502 W. Benjamin Holt Dr. Any trees in parking area or on- site.
m. Fire Station 1, 1818 S. Fresno Avenue. Any trees in parking area or on-site (includes gated areas).
n. Fire Station 2, 110 W. Sonora Street. Any trees in parking area or on- site (includes gated areas).
o. Fire Station 3, 1116 E. First Street . Any trees in parking area or on- site (includes gated areas).
p. Fire Station 4, 5525 Pacific Avenue. Any trees in parking area or on- site (includes gated areas).
q. Fire Station 5, 3499 Manthey Road. Any trees in parking area or on- site (includes gated areas).
r. Fire Station 6, 1501 Picardy Drive. Any trees in parking area or on- site (includes gated areas).
s. Fire Station 7, 1767 W. Hammer Lane. Any trees in parking area or on-site (includes gated areas).
t. Fire Station 9, 550 E. Harding Way . Any trees in parking area or on- site (includes gated areas).
u. Fire Station 10, 2903 W. March Lane. Any trees in parking area or on-site (includes gated areas).
v. Fire Station 11, 1211 E. Swain Road. Any trees in parking area or on-site (includes gated areas).
w. Station 12 - 4010 E. Main Street. Any trees in parking area or on-site (includes gated areas).
x. Station 13 - 3606 Hendrix Drive. Any trees in parking area or on-site (includes gated areas).
y. Station 14 - 3019 McNabb Street. Any trees in parking area or on-site (includes gated areas).
3. Ci
ty Parks:
a. Ci
ty parks include all developed and undeveloped parks.
4. Pac
ific Avenue parking lots:
a. Pac
ific Avenue Parking Lot #1: east of Pacific Ave. between Walnut and Elm Sts.
This lot is approximately 50-feet wide adjacent west to 128 Walnut St. and 133 Elm St.
b. Pacific Avenue Parking Lot #4: lies east of Pacific Ave. between Cleveland St. and Wyandotte St. This lot is approximately 50- feet wide and is adjacent west to 144 Cleveland St and 137 Wyandotte St.
c. Pacific Avenue Parking Lot #6: east of Pacific Ave. between Castle St. and Adams St., adjacent west to 76 W. Castle St. and 155 W. Adams St. d. Pacific Avenue Parking Lot #7: west of Pacific Ave. and on the east side of Beverly
EXHIBIT A
ATTACHMENT A
Pl. between Central and Tuxedo Courts. The lot is approximately 100’ x 100’. e. Pacific Avenue Parking Lots #8 & #9: west of Pacific Ave and generally located on the northeast side of the Dorris Pl./Lexington Ave. intersection. f. Pacific Avenue Parking Lot #10: west of Pacific Ave. and on the east side of Concord Ave., adjacent north to 1840 Concord Ave. The parking lot is 100’ x 100’. There is another adjacent parking lot on the north side of Lot #10 that is not included in this contract.
5. Al
leyways between city streets will not be inventoried. The City has not planted any trees in alleyways and the maintenance of alleyways is the responsibility of the adjacent property owner.
6. The P
roject excludes trees located in the following locations:
a. St
ate Routes and Interstates
b. Schools
EXHIBIT A
ATTACHMENT A
22 Se
tting the Gold Standard
SCHEDULE
ATTACHMENT A
EXHIBIT B
Tree Care Professionals Serving Communities Who Care About Trees
CITY OF STOCKTON
URBAN FORESTRY INVENTORY
SCHEDULE OF COMPENSATION
www.WCAINC.com
Description Unit Unit Price
1) Project Administration and Software Annual Fee $10,000 a) {No cost if under under contract for tree maintenance services. Otherwise, annual fee is $10,000.}
b) Meet with City staff to review scope of work, desired deliverables, schedules, and identify the criteria for documenting and evaluating the City's Urban Forest c) Provide access to our on-line tree management software program called ArborAccess to an unlimited number of City personnel. Cost includes all updates, and troubleshooting as necessary.
d) Coordinate the City Information Technology and City staff on training in software use, applications and report preparations features.
2) Level One Assessment & Tree Inventory Per Tree Site $5.25 Conduct an inventory of trees located within the City. The tree inventory data shall be geo-coded into a Geographic Information System (GIS) database and integrated into the City's existing or other GIS platform. Cost includes inventory delivery, site visits, and travel expenses. Total cost shall not to exceed $555,000 for a complete tree inventory data collection.
3) Level Two Assessment (Optional} Per Tree Site $65.00 Conduct an inventory of trees located within the City. The tree inventory data shall be gee-coded into a Geographic Information System (GIS) database and integrated into the City's existing or other GIS platform. Cost includes inventory delivery, site visits, and travel expenses.
4) Sidewalk Damage Inventory (Optional) Per Tree Site $2.00 Observe and record damage to sidewalk related to an adjacent tree. The parameter of the damage will be determined and agreed upon with the City prior to the commencement of work. At the direction of the City, WCA will take a photograph of each sidewalk area damaged by the adjacent City-owned tree and record it in the inventory software program.
S) Photograph of Existing Tree (Optional) Per Tree Site $2.00 At the direction of the City, WCA will take a photograph of each tree inventoried and record it in the inventory software program.
West Coast Arborists, Inc.
2200 E. Via Burton Street • Anaheim, CA 92806 • 714.991.1900 • 800.521.3714 • Fax 714.956.37 45
ATTACHMENT A
EXHIBIT C
Tree Care Professionals Serving Communities Who Care About Trees www.WCAINC.com 6) Certified Arborist for Analysis & Reporting Hourly Rate $175.00 a) Meet with City staff to review scope of work, desired deliverables, schedules, and identify the criteria for documenting and evaluating the City's Urban Forest. b) Arborist technical assistance may include plan review, plan recommendations, development of technical sections, and providing additional resources as requested by the City.
c) Analyze the collected data to identify trends, patterns, and key findings related to the city's urban tree canopy.
d) Prepare a detailed report presenting the assessment results, including recommendations for tree management, preservation, and enhancement strategies.
e) Prepare a prioritization and timeline schedule in conjunction with the City for trees that are dead, or beyond the point of being recovered.
The following to be included at no additional cost to the City:
1. Data standardization: Standardize the City's existing tree inventory data using domains and attribute rules to ensure consistency and usability. Collaborate with the City to determine which fields to retain and apply standardized formatting to the data.
2. REST API Integration: Integrate the tree inventory data utilizing City's secure web services, enabling seamless updates and access within the City's GIS infrastructure.
3. Public Facing Tree Benefits Website: Develop an online, public-facing tree inventory platform using ArcGIS Hub. The site and associated applications can be hosted either on the City's ArcGIS Online account or through West Coast Arborists' (WCA) ArcGIS Online account, based on the City's preference.
4. Tree Inventory Delivery Document: Provide a comprehensive summary report of the tree inventory findings. This document will include summary tables highlighting key metrics such as recommended maintenance categories, tree condition classifications, and other relevant data, serving as a snapshot of the inventory at the time of delivery.
Tree Inventory Fields
• Tree Inventory Fields: Utilizing existing data update and supplement the following fields below via field verification: District, Address, Species, DBH, Height, Stems, Condition, Recommended Maintenance, Tree Health Concern, Overhead Utilities, Parkway Type, Parkway Size, Tree Estimated Value, Comments, and GPS. Exact fields to be determined in scope of work meeting.
West Coast Arborists, Inc.
2200 E. Via Burton Street • Anaheim, CA 92806 • 714. 991. 1 900 • 800.5 21.371 4 • Fax 714.956.37 45
ATTACHMENT A
EXHIBIT C
REV 2024-03-25
Exhibit D:
Insurance Requirements
(Professional Services)
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Comm
ercial 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. Auto
mobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers
’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if consultant provides written verification it has no employees)
4. Profe
ssional Liability (Errors and Omissions) Insurance appropriates to the Consultant’s profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate.
If the
Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City of Stockton requires and shall be entitled to the broader coverage and/or the higher limits maintained by the 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 I
nsurance Provisions
The i
nsurance policies are to contain, or be endorsed to contain, the following provisions:
EXHIBIT D
ATTACHMENT A
REV 2024-03-25
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 D
ATTACHMENT A
REV 2024-03-25
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
Se
lf-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. Th
e 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.
Verification of Coverage
EXHIBIT D
ATTACHMENT A
REV 2024-03-25
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Consultant 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.
Cert
ificate Holder Address
The
address for mailing certificates, endorsements and notices shall be:
Ci
ty of Stockton
Its Officers, Officials, Employees, and Volunteers
400 E Main St, 3rd Floor – HR
Stockton, CA 95202
EXHIBIT D
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 E
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 E
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 E
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 E
ATTACHMENT A
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 5 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
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 E
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 E
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 E
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 E
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 E
ATTACHMENT A
Subject:
B.
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 E
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 E
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 E
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 E
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
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EXHIBIT E
ATTACHMENT A