City Council and Concurrent Authorities
June 9, 2026

2026 Aquatics Facilities Operator Agreement

2026 AQUATICS AND FACILITIES MANAGEMENT AGREEMENT
This Agreement is made and entered into on ____________________, by and between the City of Stockton, a municipal corporation of the State of California, (hereinafter “City”), and Community Services Solutions LLC, (hereinafter “Operator”) for the exclusive use of the facilities identified in Exhibit 1: Aquatic Facility Locations for Aquatic Facilities (hereinafter “Facilities”). The City and Operator may be referred to collectively as “Parties” or in the singular as “Party” as the context requires.

City, for and in consideration of the rents, covenants, and agreements contained herein to be performed by Operator, does herby enter into this agreement with Operator for certain areas together with the facilities and improvements located thereon which are located within the City of Stockton and outlined on the attached list of facilities and maps marked Exhibit 1 for the purpose of operating swimming pools and additional activities associated with conducting a summer swimming program.

NOW, THEREFORE, in consideration of the foregoing and of the mutual promises, covenants and agreements herein contained the parties hereby agree as follows:

ARTICLE 1: TERM AND TERMINATION.

Term. The term of this Agreement is for one (1) swim season commencing on date attested above and terminating on December 31, 2026.

Termination by Operator. Operator may terminate the Agreement with thirty (30) days written notice to the City (“Termination Notice”). Operator may not issue a Termination Notice from one hundred and twenty (120) days before the first day of any swim season through swim season closeout, as detailed in Article 5.

Breach of Obligations by Operator; Right to Cure. In the event the City determines the Operator has substantially failed to fulfill the obligations as provided under this Agreement, City shall provide Operator with written notice detailing specific obligations which City claims Operator has failed to fulfill and notifying Operator that it is deemed to be in breach of the Agreement (“Notice”). If the breach is not cured within the time specified in the Notice, or if the City and Operator cannot agree on a schedule for curing the breach, the Agreement will be deemed terminated on a date specified by City which will be no sooner than ten (10) days from the date of issuance of final notice. In the event this Agreement is terminated by City, Operator shall promptly cooperate with the transition of the Facility to City according to all applicable laws and the terms of the Agreement.

Termination Due to Catastrophic or Natural Disaster. If, because of any catastrophic or natural disaster, it becomes impossible for Operator to render services and perform under this Agreement, City and Operator shall meet to discuss termination, closure and transition of the Facility to the City within ten (10) days of catastrophic cause, or as soon thereafter as practical.

Vacation of Premises. Operator agrees to fully vacate the Facilities at the termination of this Agreement. Should Operator fail to vacate as herein provided, Operator agrees that City or its authorized agents may enter upon the premises and remove all personal property and equipment therefrom and that the cost of removal and any temporary storage or disposal shall be billed to the Operator and shall be the responsibility of Operator. The City shall, within its sole discretion, determine whether any such property or equipment shall be stored or disposed of. Nothing herein shall be considered a waiver of the City’s rights under the law to demand and obtain possession of the in the

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event of a violation of Operator’s part of any of the terms or conditions hereof.

ARTICLE 2: DEFINITIONS.

In addition to terms defined elsewhere in this Agreement, the following terms have the meanings referred to in this section:
“Agreement” means this facilities management agreement. “City” means the City of Stockton, a municipal corporation, and its authorized representatives, officers, officials, directors, employees, and agents.
“Director of Community Services ” means the Director of Community Services of the City of Stockton, CA or the Director’s designee.
“Facilities” means the pool facilities and improvements, located at the related aquatic sites in Stockton, California, also collectively known as the aquatics facilities and as identified in Exhibit 1:

Aquatic Facilities Locations.
“Fiscal Year” means the one-year period from July 1 through June 30. “Laws” means all federal, state, local, and municipal regulations, ordinances, statutes, rules, laws, and constitutional provisions.
“Operator” means the operator the aquatic facilities listed in this Agreement. “Parties” means Operator and City of Stockton.
“Prevailing Wage ” means any requirements by the State of California and the Department of Industrial Relations (DIR) by Operator to pay Prevailing Wage rates to all public works contracts as set forth in Labor Codes sections 1720, 1720.2, 1720.3, 1720.4, and 1771. “Reports” means all reports identified, including miscellaneous, weekly, and monthly reports for facility to be prepared by Operator as set forth in Article 5 and Exhibit 8: Scope of Services.

ARTICLE 3: COMPENSATION AND REVENUE.

Compensation. Operator shall receive $57,000 subsidy for operation of facilities for the term of this agreement, paid upon invoice and receipt of data according to Exhibit 6: Compensation Schedule.

Invoices received by Operator shall be paid via City purchase order as follows:

Thirty-three percent (33.33%) of the contract amount shall be paid within thirty (30) days of receipt of an invoice and submission of the following: a valid business license, approved insurance certificates and endorsements, a program plan, and a signed co mpliance statement for HR 40 fingerprinting and disqualifying criminal convictions. Payment will be issued via purchase order after the contract has been fully executed and attested
The second 33.33% payment shall be invoiced by the Operator on July 1 and will be paid within thirty (30) days of receipt of the invoice and supporting documentation, including weekly and monthly statistics and reports for May and June.

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The final 33.34% payment shall be invoiced by the Operator within fifteen (15) days of the last day of the summer swim season and will be paid within thirty (30) days of receipt of the invoice and supporting documentation, including weekly and monthly statistics and reports for July, August, and September.

For all payments described in this section, the City’s obligation to issue payment within thirty (30) days is contingent upon the Operator’s submission of all required invoices, reports, and supporting documentation specified herein. If any invoice or supp orting documentation is incomplete, unclear, or otherwise requires additional information, the City shall notify the Operator, and the thirty (30) day payment period shall restart upon the City’s receipt of all requested additional information or documentation.

Revenue. Operator shall receive 100% of the proceeds from all income producing activities associated with the Facilities, including, but not limited to the following: swim lessons, aquatic program fees, free swim, snack bar sales, special event rentals, fund raising, etc. One exception is rentals to swim teams where percentage of income kept shall be negotiated.

ARTICLE 4: INDEMNIFICATION AND INSURANCE.

Insurance Requirements. During the term of this Agreement, Contractor shall maintain in full force and effect at its own cost and expense the insurance coverage as set forth in the attached Exhibit 2 to this Agreement and shall otherwise comply with the other provisions of Exhibit 2 to this Agreement.

Proof of Insurance. Operator shall provide proof of insurance in the required form to the City’s Risk Manager prior to contract attest as evidence that it has complied with the insurance requirements set forth in Exhibit 2.

Indemnity and Hold Harmless. To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify City of Stockton and its officers, officials, employees and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs, attorney fees, and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damag e 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.

Tender of Claims . Operator shall accept tender of any third -party claim submitted to it by City because of Operator’s obligation herein within thirty (30) days of such tender.

Use of Contractors/Subcontractors Operator. If the Operator uses Contractors or Subcontractors for performance of its obligations pursuant to this Agreement, the Contractor/Subcontractor agrees to be bound to the Operator and City in the same manner and to the same extent as Operator is bound to the City under this Agreement, including all Indemnification and Insurance requirements. As to any Subcontractor, it shall be as to the extent the Indemnification and Insurance requirements apply to the scope of the Sub- contractor’s work. A copy of this Agreement will be furnished to the Contractor and Subcontractor upon request.

ARTICLE 5. MANAGEMENT RESPONSIBILITIES

Management Responsibilities. Operator owes to City the duty to perform its obligations under this

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Agreement and to conduct the management, operation, and daily maintenance of the Facilities at all times with integrity and good faith efforts consistent with the well -being of the greater Stockton community in a manner consistent with industry practices and all applicable laws, permits, and requirements Operator shall follow policies and guidelines established by the City that are applicable to the operation and maintenance of the Facilities. Operator shall not enter any material contracts which extend beyond the term of this Agreement and any extensions thereto. Operator shall be responsible and comply with the terms and conditions of this Agreement; operating the Facilities with a full understanding of the standards and guidelines as well as in full compliance with laws, regulations and other legal requirements that apply to the Facilities.

Operator Control of Facilities . After inspection by the County and the City, the Operator takes possession of the Facilities to clean, prepare, and train staff for the current swim season by a day as mutually agreed upon. The final date will be no later than October 31; the exact date shall be mutually agreed upon and confirmed in writing by both parties.

Pre-Season Inspection. Operator shall be prepared for a City final operations inspection of facilities and staff training on Thursday before Memorial Day Weekend in preparation for the Memorial Day weekend opening.

First Day of Swim Season. Operator shall open Facilities for swim season the Saturday of Memorial Day weekend for a full weekend of services before resuming approved weekly Facilities schedule.

Hours of Operation for Each Swim Season. Hours of operation for each aquatic facility shall be mutually agreed upon by the City and Operator in writing prior to the start of each swim season. Any deviation from the agreed-upon schedule requires prior mutual agreement of both parties. Operator shall provide at least twenty-four (24) hours written notice of any proposed change and obtain City approval before implementation.

Memorial Day Weekend. Facilities shall be open Saturday, Sunday, and Monday of Memorial Day weekend. Pool shall then begin the regular June schedule.

Weekly Schedule for Aquatic Locations. Pools shall be open according to a weekly schedule that is mutually agreed upon by the City and Operator in writing. The schedule may be updated from time to time by mutual written agreement of both parties.

Swim Season Close Out. City and Operator will tour and inspect Facilities on the second week of September (or as mutually agreed upon) to complete close out inspection and return keys if appropriate.

Possessory Interest, Taxes, Assessments, Permits, Fines. Operator shall pay all taxes, including possessory interest, assessments, permits, or fines related to all aspects of operation of the Facilities.

For clarity, Operator shall pay such costs related to Facilities operations only.

Expense Obligation. Except as set forth elsewhere herein regarding maintenance, repairs, chemicals and the like, Operator agrees to pay 100% of all costs and expenses related to Operator’s operation of the Facilities without limitation. In the event the Operator incurs costs related to the operation and use of the Facilities, the City will not be required to pay any part of any such expense, and the Operator shall not have any claim against the City on account of any costs or expenses related to the operation or repair of the Facilities.

Qualified Personnel. Operator shall abide by standards set by City as to the number of supervisory

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personnel required at each aquatic location when the pool is in operation. Operator shall use certified lifeguards with training from any reputable trainer and minimum staffing standards in alignment with state requirements, City policy, and as may be mutually agreed upon.

Weekly and Monthly Reports. Operator shall provide the following reports as required:

Programming Plan: Annually, Operator shall provide a program operation plan for City’s review and approval to include, but not limited to, general operating hours by day, fees for each type of activity, special events, public use, and any other services generally offered to the public. This shall be provided to City before May 1 of each term, or an alternate date as mutually agreed upon.

Weekly and Monthly Participation Reports : Reports for actual daily use (participants and spectators), number of rentals, schedule of programs, program fees, listing of programs offered. The participant and spectator numbers should be tied to program totals. Note:

Statistics should be provided on daily use by activity, summarized in weekly report which correlates to monthly reports. The reports should be updated weekly and available in an online format as mutually agreed upon.

Daily Chemical logs: Operator shall maintain one Chemical log which will report all mandatory activities regarding water quality. Log shall be hourly, kept in a location for water quality vendor to review as needed; copies provided to city weekly during weekly inspection.

Operator Inventory Report : List of Operator owned equipment on site to be provided at season start up inspection and verified at season close inspection, as identified in Exhibit 5:

Facilities Inventory

City Inventory Report: List of City owned equipment and materials on site which shall be provided at season start up inspection and verified at season close inspection as identified in Exhibit 5: Facilities Inventory

List of Certificates: Operator shall provide the City with a complete list of all assigned personnel, including copies of all required and valid certifications, no later than seven (7) days prior to the first day of work. Additionally, Contractor shall submit a weekly summary identifying all personnel who worked at the facility during the preceding week.

Pre-Season Site evaluation and Recommendation Report : as further clarified in Exhibit 8:

Scope of Service

Post-Season Closure Report: As further clarified in Exhibit 8: Scope of Service

Day to Day Management of Facilities. Operator shall have sole responsibility for the day -to-day management of Facilities operations and programming.

Operational Oversight and Inspection. City reserves the right, at any time and without prior notice, to observe, inspect, monitor, and evaluate the operation of the Facilities and Operator’s performance under this Agreement. Such oversight may be conducted by City staff, the City’s representat ives, consultants, contractors, safety evaluators, or other designees authorized by the City.

Operator acknowledges that the City may conduct announced or unannounced site visits for purposes including, but not limited to, evaluating patron safety, staffing levels, lifeguard

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attentiveness, emergency preparedness, customer service, facility cleanliness, operational compliance, and adherence to City policies, industry standards, and the requirements of this Agreement.

Operator shall fully cooperate with such inspections and evaluations and shall provide access to Facilities, personnel, operational records, certifications, logs, and other materials reasonably requested by the City. Nothing in this section shall limit the City’s right to take corrective action or require corrective measures if deficiencies or unsafe conditions are identified.

Oversight by Operator. Operator shall provide an agreed upon minimum level of staffing and qualified management to provide the day -to-day management of Facilities as contemplated in this Agreement. Operator shall also establish and provide management policies and procedures to adequately operate Facilities pursuant to this Agreement. Copies of lifeguard certificates, first aid certificates, and Certified Pool Operator certificate(s) for all applicable personnel must be submitted to the Community Services Department prior to the first day of operation. In addition, Operator shall provide a Certified Pool Operator (CPO) to maintain all aspects of pool maintenance including chlorine levels, Ph levels, and equipment for hours of operation. Any changes to personnel or policies should be documented and provided to the City weekly during inspection.

After-Hours Facility Emergencies. For after-hours facility emergencies, Operator shall contact Public Works regarding the emergency via an after-hours phone at (209) 937-8341.

Promotion of Facilities. The City and Operator will actively cooperate to promote Facilities. City and Operator shall work together to promote Facilities through City avenues to market activities.

Responsibilities to Operate, Maintain, Permit and Provide Supplies. Except as set forth elsewhere herein regarding maintenance, repairs chemicals and the like, Operator shall be responsible for the management, operation, and routine daily maintenance of the Facilities including but not limited to, full scheduling of programs, staffing, marketing, and daily janitorial maintenance of Facilities, concession sales, rental, and daily cleaning and maintenance of all areas contained within the Facilities.

Operator shall keep facilities in clean and sanitary condition, performing routine daily maintenance, including but not limited to hosing down the pool decks, shower area and bathrooms, routine daily and hourly cleaning of bathrooms and floors, sinks, and toilets, picking up of trash and litter in and around the pool area, and other routine janitorial maintenance (including spot inspections) to insure total cleanliness of the entire Facilities.

City will obtain permits from the San Joaquin County for pool operations. City will obtain permits and inspections, if any, for chemical storage plus any additional permits required to meet City and county or state requirements for the operation of Facilities as contemplated under this Agreement. Operator covenants that it has obtained all certificates, licenses, permits and the like required to perform the services under this Agreement.

At the conclusion of this Agreement, Operator is responsible for returning the Facilities to the condition in which it began operations.

New Hire, Recruitment, and Staffing Guidelines. Operator shall hire, supervise, and manage all personnel (paid or volunteer) necessary for the management, operation, and routine daily maintenance of Facilities and shall comply with City’s administrative directive with respect to fingerprinting Operator employees and volunteers. Any individual who has been convicted of certain

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criminal offenses as set forth below, is not eligible to work or volunteer under this Agreement.

Operator shall comply with the relevant portions of City’s Administrative Directive HR-40 (Exhibit 3) regarding who must be fingerprinted and what offenses or disqualifiers will prohibit an individual from working at Facilities. Operator employees and volunteers, if applicable, are required to submit fingerprints in a manner authorized by the State of California Department of Justice. Operator and all applicable employees/volunteers shall submit fingerprints prior to start of work. Operator is responsible for all costs of fingerprinting and background check. Any individual who has been convicted of certain criminal offenses (disqualifiers) is not eligible to work at Facilities. The disqualifying criminal convictions are as follows: Any of those offenses identified in Public Resources Code, section 5164 except for Penal Code sections 211, 215, 236, or 240, provided, however, that any individual who has been convicted of violating Penal Code sections 211, 215, 236, or 240 may, in the sole discretion of the Operator or the City, nevertheless be ineligible to work or volunteer at the Facilities under this Agreement. In addition, if any of the Operator’s employee(s)/volunteer(s) assigned is/are subsequently found to have a disqualifying conviction, that/those individuals shall be immediately removed from the Facilities and shall not be allowed to perform any further work under this Agreement. If the Operator is subsequently found to have a disqualifying conviction, the contract may be immediately terminated by City. The Operator shall certify in writing to City before the first day of each season of operation that neither the Operator nor any of Operator’s employees have been convicted of any of the offenses specified in California Public Resources Code section 5164 or City of Stockton Administrative Directive HR-40.

Signature of Compliance for HR-40. Operator shall confirm, in writing, prior to each swim season (see Exhibit 4: Signature of Compliance for HR40) to City that Operator employees/ volunteers have been fingerprinted and not convicted of any of the offenses specific in California Public Resources Code section 5164 or City of Stockton Administrative Directive HR40, Fingerprinting

Snack Bar Sales. Operator is granted the exclusive right to sell food and merchandise at the Facilities at the sole cost and expense of the Operator. Operator shall retain all revenue from concession sales. Operator shall provide copies of all related concession licenses for City review if requested. It shall be the sole responsibility of Operator to ensure that all food and beverage products sold by Operator, or its concessionaire(s) shall conform to all applicable federal, state and local laws, including the

California Health and Safety Code, and other requirements. Operator is responsible to timely report and pay all sales tax.

Emergency Contacts. Operator shall provide City with emergency phone numbers of key staff and Board Members. Operator shall ensure that City representatives could communicate with said persons twenty-four hours a day when emergency conditions occur.

Facility Use Agreements. Operator shall be responsible for entering into Facility Use Agreements with all renters and users of the Facilities for aquatic and rental activities. Operator shall be responsible for developing the form of each Agreement and complying with all requirements established by City Risk Services and contract compliance requirements for users of the Facilities.

Compatible Use. Operator agrees not to make use of Facilities and property in any way which will endanger human health or the environment, create a nuisance or otherwise be incompatible with the use of the Facilities as they are intended and according to the terms and conditions of this Agreement and general use of an Aquatic Facilities.

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2026 Aquatics Facilities Operator Agreement

Sponsorship of Programming. The Operator has the right to establish a sponsorship program for operational activities at each location to offset the cost of those programs. Sponsorships can be identified on flyers, websites, and banners. Any publication of sponsorship should identify and provide limiting language that the activities are supported by the sponsor. City and Operator can work together to find mutually agreeable language for sponsors.

ARTICLE 6. MAINTENANCE, JANITORIAL, AND SECURITY OF FACILITIES

Acceptance of Conditions of Facilities. Operator accepts the Facilities and all equipment hereunder in their present ‘as is’ condition, without warranty by City or any duty or obligation on the part of the City to maintain the facilities other than as set forth herein. At the end of the term of this Agreement or its earlier termination, Operator shall surrender to the City, the Facilities in the same condition as when received, less reasonable use and wear and tear, damage caused by an act of god or by the elements excepted. Operator shall remove all equipment and personal property of the Operator, except, however, the City may approve, in writing, any deviation from this requirement. If Operator fails to remove its property after notice by City, Operator agrees that City may remove said property and bill the cost of removal and/or storage, if necessary, to Operator, who agrees to be responsible for such costs.

Improvements. Operator is not granted permission to construct improvements on the Facilities.

Janitorial Services, Maintenance, and Security of Facilities. Operator shall be responsible to supervise the safety and sanitary conditions of their use of the Facilities and shall remedy without delay any unsafe, dangerous, or unsanitary conditions therein (except that City shall be responsible for the maintenance, repairs and chemicals as described below). If there are any safety or security issues related to water quality or equipment, Operator shall promptly notify the City of any concerns.

In addition, Operator shall be responsible for the daily routine maintenance and housekeeping of the facility and all adjacent areas, keeping them in a safe, clean, wholesome, and good condition, and sanitary condition. Operator shall always ensure that during the term of this Agreement that Facilities shall be kept free of trash, garbage, and obstructions of any kind, and ensure that all trash resulting from cleaning shall be placed in appropriate containers. Facility shall be kept in compliance with all applicable present and future laws relating to sanitation, public health, safety, or welfare or any general rules and regulations of any governmental authority in force now, or at any time, during the term of this Agreement. City agrees Operator has no responsibility for any repairs, maintenance, or work to the Facility including but not limited to repairs to any building, fixtures, equipment, plumbing, electrical or mechanical systems, landscaping, or roadways.

Utilities and Water. City is responsible for and agrees to pay for all utilities (inclusive of gas, propane, electric, water, sewage, wastewater, discharge fees, charges, inspections, reports, communication, and related costs) utility use, including connections and upgrades for Facilities. City is responsible for payment of all charges, reports, inspections, fees, service charges, and other requirements related to the use permits, licenses, and permit requirements. Operator agrees that all water usage and regulations in connection with these Facilities be monitored and adhered to by the Operator. Operator shall immediately contact Municipal Utilities and Community Services Departments if there is any discharge or release of water or materials into the storm drains at Facility.

Operations, Permits, Licenses. Operator shall, for the conduct of operations of Operator’s operations under this Agreement and at its sole expense, obtain and maintain in full force and effect throughout the Term and any extension thereof, all applicable permits and licenses which may be required by any law, including administrative regulations, regulatory requirements, regarding Operator operational requirements. Including without limitation, a City business license.

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All users of the Facilities shall be required to adhere to all City and Operator terms and conditions, procedures, rules, and regulations now and hereafter adopted by City for use and control of the Facilities. Operator shall conform to and enforce all rules and regulations now and hereafter adopted for the use and control of the Facilities. This includes all local and state requirements for recreation, health, and public safety.

Operator shall have sole responsibility for enforcing all applicable rules and regulations, including being responsible to ask those individuals who are in violation of the rules to leave the premises immediately.

Operator shall be responsible to report, file and pay all sales and use taxes. The City reserves the right to review all sales and use tax returns.

State of California and San Joaquin County Hazardous Materials Storage, Reporting, and Safety Plan Requirements. Operator shall train all staff to be familiar with the California Environmental Reporting System (CERS) requirements, and to be able and willing to identify any situation that may not or does not meet the state and local requirements for storage of hazardous materials. Operator shall promptly report any concerns to City. The City is responsible for the reporting of hazardous materials and filing of a Business Plan and or a safety plan if required. City may be required to obtain chemical storage permit as required.

Certified Pool Operator/Water Quality Assurance. Operator agrees that a Certified Pool Operator (CPO) shall maintain California Regulatory Title 22 charts and reporting requirements at all facilities and shall coordinate all water quality issues with City and City Contractor for water quality. If a health concern (fecal event, water contamination or issue of concern) occurs, Operator staff shall immediately close the pool, notify all swimmers to exit the water, and not allow the pool to reopen until City and/or water quality vendor notifies Operator the pool is safe for swimming. During the day, if it becomes necessary, CPO shall notify City Water Quality Vendor of any needs or concerns. CPO and lifeguards under the direction of CPO, shall monitor, and appropriately document pool maintenance and water quality/chemistry per direction by City. Water quality records using the form supplied by City shall be filled out according to policy and kept in a key location at the Facilities, copies of the water quality logs shall be turned in according to Article 5 and made available to City and San Joaquin County inspectors upon request. Operating instructions regarding water quality assurance activities may be changed via written notice.

Security. The City is responsible for security services at each of the city pools. The operator shall be responsible for determining the operational security needs of the Facilities, arranging for adequate staff and security for all events at the Facilities. Operator shall maintain copies of all City provided reports on site during current swim season (ex: Security Plan, Evacuation Plan, and other reports as required by City Safety Officer and/or applicable local and state codes).

First Aid and Signage/Equipment/Condition Requirements. City shall be responsible to provide and maintain all required signage, safety equipment, and start up for 10-person first aid kit items.

Operator shall be required to maintain first aid supplies in the amount initially provided by City.

Operator shall immediately notify the City before Facilities opening if Operator daily pre -opening inspection shows there is a deficiency in signage, water quality standards, safety equipment, or evidence of graffiti, and or vandalism. Operator shall also fill out required incident reports or police reports and provide an electronic copy by end of business day.

Right of Entry, Keys, and Security Codes. Installation of locks and keys will be the responsibility Type text here

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of the City. City reserves the right to install a security system. Operator shall be provided a copy of City key policies and enforce those rules with employees. Operator shall assign unique employee code to each employee with key carrier rights. City and Operator shall maintain a list of key holders to be turned in to City within three (3) weeks before swim season start. If an Operator employee is terminated, Operator shall receive and return to City all assigned keys upon termination. Operator shall not copy City keys. City shall maintain right to enter to inspect or repair the Facilities. Upon termination of Agreement, Operator shall surrender all sets of keys to the Facilities to City on the final Facilities swim season close out inspection. Failure to maintain internal controls over pool may require the Operator pay for the Facilities to be rekeyed at sole cost of Operator.

Water Quality Maintenance and Supplies. The City through its water quality vendor shall be responsible to purchase/deliver pool chlorine and chemicals for the term of this Agreement. Pool chemicals include algae, acid, stain, and scale treatments. City shall purchase and provide filters for filter breakdown. City shall maintain the ultimate responsibility to maintain water quality standards with the support of Operator during open hours. Operator and City shall work cooperatively to maintain safe water quality standards at all times. City shall be responsible to pay for maintenance related to pool equipment, pumps, filters, etc. City shall be responsible for building and grounds maintenance as defined by fencing, graffiti removal, vandalism, landscaping, and irrigation. Operator shall promptly notify City if any condition occurs during Operator management of Facilities which may affect health and safety of visitors.

Notice of Inspection. If regulatory inspections occur on site, Operator shall immediately notify City of the inspection and outcome.

Notice of Closure. If Operator must shut down Facilities during regularly scheduled hours (as identified in Article 5), Operator must notify the City authorized representative 24 hours prior to proposed closure or immediately after the Facilities are closed.

Notice of Media Contact. If the media arrives on site to report, photograph, or interview, Operator shall immediately contact Director of Community Services (or designee) and the City’s Public Information Officer at (209) 937-8827.

Police Reports. Operator promptly notify the Community Services Department if laws are broken, or if theft occurs. Operator shall file related police reports and incidents report in a timely manner and provide an electronic copy by close of business day.

ARTICLE 7. GENERAL PROVISIONS.

Relationship of Parties. Nothing contained in this Agreement shall be interpreted or understood by any of the parties, or by any third person, as creating the relationship of employer and employee, principal, and agent, limited or general partnership, or joint venture between City and Operator or its agents, employees, or contractors. Nothing herein contained is intended to be construed as creating or establishing a relationship of partners, or a joint venture between Operator or City. Operator shall not be considered a tenant and shall gain no right to occupy facilities as a tenant or any other property right or interest in the Facilities by virtue of this Agreement. Neither Operator, its principal, nor any Operator employee or volunteer is an employee of City and none are entitled to any of the rights, benefits, or privileges of City employees, including but not limited to medical, unemployment, or worker’s compensation. Except as City may specify in writing, Operator shall have no authority to act as an agent of City or bind City to any obligation. Nothing in this Agreement, either express or implied, is intended to confer upon any person or entity, other than City and Operator and their respective officers, directors, employees, and agents providing services under this Agreement any rights,

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remedies, obligations, or liabilities or by reason of this Agreement.

Control. Neither City nor its officers, agents, or employees and/or, volunteers shall have sufficient control over the conduct of Operator or any of Operator’s employees, except as herein set forth; and Operator expressly agrees not to represent that Operator or any of Operator’s agents, servants, or employees, to be deemed the agents, servants, or employees of City.

No Third-Party Beneficiaries. No person or entity, other than Operator shall be deemed to be a third-party beneficiary hereof, or a third party to the Facilities.

Debt Liability Disclaimer. City will not be liable for any debts or claims that arise from the obligations of the Operator.

Title VI of the Civil Rights Act and Non-Discrimination. During the performance of this Agreement, Contractor and its officers, employees, agents, representatives or subcontractors shall not unlawfully discriminate in violation of any federal, state, or local law, rule or regulation against any employee, applicant for employment or person receiving services under this Agreement because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition (including genetic characteristics), marital status, age, political affiliation, gender identity, gender expression, sex or sexual orientation, family and medical care leave, pregnancy leave, or disability leave.

Contractor and its officers, employees, agents, representative or subcontractors shall comply with all applicable Federal, State and local laws and regulations related to non -discrimination and equal opportunity, including without limitation the City’s nondiscrimination policy; the Fair Employment and Housing Act (Government Code sections 12990 (et seq.); California Labor Code sections 1101, 1102 and 1102.1; the Federal Civil Rights Act of 1964 (P.L. 88 -352), as amended; and all applicable regulations promulgated in the California Code of Regulation or Code of Federal R egulations. Title VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination und er any program or activity receiving federal financial assistance.”(42USCSection2000d). http://www.dol.gov/oasam/regs/statutes/titlevi.htm. The City requires compliance with the requirements of Title VI in all of its programs and activities, regardless of funding source.

In performing services under this Agreement, Operator shall not discriminate in the employment or application of employment of employees or in the engagement of any contractors or subcontractors based on race, color, religion, sex, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Operator agrees to comply fully with all applicable federal, state, local laws, ordinances, executive orders, and regulations which prohibit discrimination.

The City of Stockton has a Discrimination and Harassment Policy which is attached and as Exhibit 7:

HR15, Harassment and Discrimination Policy. The purpose of the 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 pro hibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.

Assignment. Operator may not assign, sublet transfer, or otherwise alienate its rights and obligations pursuant to this Agreement, without written consent of the Director of Community Services, and then only upon such terms and conditions as City may set forth in writing. Operator shall be solely responsible for reimbursing vendors, contractors, employees, and subcontractors.

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2026 Aquatics Facilities Operator Agreement

Reserved Rights. During the term of this Agreement, there shall be and is hereby expressed reserved to City and its agencies, contractors, agents, employees, representatives, or licensees, the right to use the Facilities and Property for all purposes which will not unreasonably interfere with Operator’s enjoyment of its rights u nder this Agreement. City reserves the right to make use of the property for such proposes as it may deem necessary or appropriate, if, and whenever in the interest of its service to customers or the public, it shall appear necessary or desirable to do so. City further reserves the right at all reasonable times, to temporarily enter upon said premises for inspection or other lawful City purposes.

Notices. All written notices and communication required to be given under the provisions of this Agreement shall be delivered personally, or mailed and addressed as follows:

To City: City Manager
City of Stockton
425 N. El Dorado Street
Stockton, CA 95202
Phone: (209) 937-8212

With copy to: Community Services Director
City of Stockton
605 N. El Dorado Street
Stockton, CA 95202
Phone: (209) 937-8373

To: Community Services Solutions LLC
4255 Morada Lane Unit 279
Stockton, CA 95212
Phone: (209) 922-8763

Waiver. Any waiver by City of any obligation or condition in this Agreement must be in writing. No waiver will be implied form any delay or failure by City to act on any breach or default of Operator or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Operator to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by City to any act or omission by Operator shall not be construed to be a consent to any other or subsequent act or omission or to waive the requirement for City’s written consent to future waivers.

Applicable Law, Resolutions of Disputes, Forum, and Attorney’s Fees. California law shall govern any legal action pursuant to this Agreement with venue in the applicable state court or forum for San Joaquin County, Stockton Division and for federal claims in the federal district court for California, Eastern District, Sacramento Division. The prevailing party in any action brought to enforce or construe the terms of this Agreement may recover from the other party its reasonable costs and attorney's fees expended in connection with such an action.

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.

Severability. The provisions of this Agreement 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,

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2026 Aquatics Facilities Operator Agreement

the remainder of the provisions or terms not expressly declared void shall remain enforceable and in full effect.

Integration and Modification. This Agreement represents the entire integrated agreement between Operator 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 Operator and Community Services Director. All Exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and the attached Exhibits, the terms of this Agreement shall prevail.

Title of Parts and Sections. The Title of parts and sections of this Agreement are for convenience only and shall not be deemed to be relevant in resolving any questions of interpretation or intent.

Language Construction. The Language of each and all paragraphs, terms and/or provisions of this Agreement, shall, in all cases and for all cases and for all purposes, and in any way and all circumstances whatsoever, be construed as a whole, according to its fair meaning, and not for or against any party hereto and with no regard whatsoever to the identity any status of any person.

Records, Audits, Reports. Operator agrees that City or its designee shall have the right to review, obtain, and copy all records pertaining to the performance of the Agreement. Operator agrees to provide the City any relevant information requested and shall permit City or designee access of its premises, upon reasonable notice, during normal business hours for the purpose if interviewing employees and inspecting/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 Agreement. Operator agrees to maintain such records for a period of three (3) years after termination of Agreement. Operator agrees to send annual report to City in May of each year for the term of the Agreement.

Condemnation. If the whole or any substantial part of the Facilities shall be taken by any paramount public authority under the power of eminent domain, then this Agreement shall be terminated as to such Facilities from the day when the possession of that part shall be taken for said public purpose.

All damages awarded for this taking shall belong to and be property of City, and all agreements pertaining to that sale including without limitation all related agreements. However, City shall not be entitled to any portion of the award made for loss of business installation or improvements belonging to Operator, if any.

Discretion of the City. City’s execution of this Agreement in no way limits the discretion of City in the permit and approval process in connection with any improvements by Operator.

Entire Agreement. This Agreement and any Exhibits attached hereto constitute the sole and entire agreement of the parties hereto with respect to the matters herein and correctly sets for the rights, duties, and obligations of each to the other as of the date first written above. There are no other Agreements or understandings, written or oral, between the parties regarding this Agreement other than those set forth herein. All prior or contemporaneous negotiations, Agreements, and understandings, oral, written, are revoked, cancelled, and rescinded, and are all merged herein and superseded hereby.

The following exhibits are included and incorporated into this Agreement by this reference:

Exhibit 1 Aquatics Facilities Locations
Exhibit 2 Insurance
Exhibit 3 HR 40, Fingerprinting

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

Exhibit 4 Signature of Compliance for HR 40
Exhibit 5 Facilities Inventory
Exhibit 6 Compensation Schedule
Exhibit 7 HR15, Harassment and Discrimination Policy
Exhibit 8 Scope of Services

Non-Liability of City Officials. No member, official, employee or agent of City shall be personally liable to Operator in the event of any default or breach by City or for any amount which may become due to Operator or its successor or on any obligation under the terms of this Agreement.

Law Abiding Conduct. Operator agrees that it shall comply with all the applicable laws and ordinances, administrative regulations, and orders of appropriate government authority in the conduct of its business and further agrees that City shall have the right to enter upon said premises at reasonable times for the purpose of inspection and ensure enforcement of this Agreement and ordinances and laws governing Operator’s use of Facilities.

Conflict of Interest. Operator covenants that other than this Agreement, Operator has no financial interest with any official, employee, or other representative of the City. Operator and its principals do not have any financial interest in real property, sources of income, or investment that would be affected in any manner of degree by the performance of Operator’s services under this Agreement.

If such an interest arises, Operator shall immediately notify the City.

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

Digital Signature. The Parties agree that this agreement may be signed with a digital signature, which has the same force and effect of a handwritten signature.

Dispute Resolution. Prior to undertaking any litigation, the Parties shall make reasonable efforts to resolve all disputes informally, including by means of a conference between the senior managers of each Party having authority to resolve the dispute. If 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.

Public Record Requests. Any documents provided by Operator to City are public records and City may authorize third parties to review and reproduce such documents pursuant to the public records laws and policies including the California Public Records Act. If the Operator receives a public records request, Operator shall immediately forward the request directly to the Director of Community Services.

Force Majeure. For purposes of this Agreement, “Force Majeure” shall mean earthquake, fire, or other casualty, flood, landslide, epidemic, unforeseeable adverse weather, “acts of God”, war, civil disturbance, court ordered injunction, intervention by civil or military authorities or government, strikes, lockouts, boycotts, or other labor disputes, to the extent any of the foregoing are beyond the reasonable control of either City or Operator and which cause either party to be delayed or hindered in or prevented from the performance of any covenant or obligation under this Agreement other than the payment of money.

If either Operator or City is delayed or prevented from the performance of any act required by this Agreement by reasons of Force Majeure, performance of such act shall be excused for the period of

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2026 Aquatics Facilities Operator Agreement

the delay, and the period for the performance of any such act shall be extended for a period equivalent of the period of such delay. Both parties shall take reasonable steps during the existence of the condition to assure performance of their contractual obligations when the condition no longer exists. Failure to fulfil contractual obligations due to conditions beyond either party’s reasonable control will not be considered a breach of contract, provided that such obligations shall be suspended only for the duration of the conditions.

ARTICLE 8. AUTHORITY AND EXECUTION.

The undersigned hereby represent and warrant that they are authorized by the parties to execute this Agreement. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts constitute one and the same instrument.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and first year hereinabove written.

ATTEST: CITY OF STOCKTON

BY: BY:

______________________________ ______________________________

KATHERINE ROLAND, CMC, CPMC JOHNNY FORD

CITY CLERK, CITY OF STOCKTON CITY MANAGER

APPROVED AS TO FORM:

MARCI A. ARREDONDO

CITY ATTORNEY

COMMUNITY SERVICES SOLUTIONS
LLC

BY: __________________________ BY: __________________________ Rebecca Arnold

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

EXHIBIT 1

Aquatic Facilities Locations

Sousa Pool House Facility
2900 Yellowstone

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

EXHIBIT 2

Insurance Requirements
(Facility Operator Services)

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

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

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

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

4. Property insurance against all risks of loss to any tenant improvements or betterments, at full replacement cost with no coinsurance penalty provision.

5. Sexual Abuse or Molestation (SAM) Liability : If the work will include contact with minors, and the CGL policy referenced above is not endorsed to include affirmative coverage for sexual abuse or molestation, Contractor shall obtain and maintain a policy covering Sexual Abuse and Molestation with a limit no less than $1,000,000 per occurrence or claim.

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

Other Insurance Provisions

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

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

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

insurance (at least as broad as ISO Form CG 20 10 11 85 or the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Additional insured Name of Organization shall read “City of Stockton, its officers, officials, employees, and volunteers.” Policy shall cover City of Stockton, its officers, officials, employees, and volunteers for all locations work is done under this contract.

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

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

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

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

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its employees, agents and subcontractors.

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

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

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

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

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

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

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

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

Certificate Holder Address

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

City of Stockton
Its Officers, Officials, Employees, and Volunteers
425 N El Dorado Street
Stockton, CA 95202

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

EXHIBIT 3: HR 40

CITY MANAGER ADMINISTRATIVE DIRECTIVE

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14

Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

I. PURPOSE

A. To provide a uniform policy and procedure for the administration of the City of Stockton Mandatory Fingerprinting Program, in accordance with California Public Resources Code section 5164, California Education Code section 10911.5, California Penal Code sections 11105, 11105.3, 13300, and any other applicable state and federal laws.

B. To ensure that the City of Stockton, as an agency receiving criminal history information, complies with the requirements of the State of California, Department of Justice, Division of Criminal Justice Information Services.

II. POLICY

All applicants, employees, interns, temporary agency employees, and volunteers who meet the following conditions shall be subject to fingerprinting.

A. Employees Having Direct Contact With Minors. It is the policy of the City of Stockton to obtain criminal history information for all prospective, as well as current, full-time (including provisional and temporary), part-time, volunteer (including the San Joaquin County Alternate Work Program or any other community service or volunteer organization), and contractual employees in any department who have direct contact
1 with minors. This requirement shall
be a condition of employment for all employees who have direct contact with minors.

The City of Stockton will not hire or retain any person or permit any person to volunteer his/her services to work with children in any department who has been convicted of certain criminal offenses (disqualifiers), as specified in California Public Resources Code section 5164.

1 "Direct Contact" is defined in section II.B.

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14

Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

B. Employees Performing Sensitive Duties. In addition, to implement Stockton Municipal Code Chapter 2.70, the City of Stockton will obtain criminal history information for all persons applying for positions that require the employee to:

1. Perform sensitive and/or fiduciary duties, such as handling public funds or confidential documents.

2. Enter privately owned property, structures, or curtilages.

3. Care for ill, injured, or incapacitated members of the public.

4. Have access to a secure facility.

5. Have direct contact with minors. "Direct contact with a minor" shall mean any of the following, in the course of paid or unpaid work:

a. The care, supervision, guidance, or control of a minor on any basis.

b. Close physical proximity to a minor on more than an "occasional" or "incidental" basis.

c. Talking face-to-face with or within eye contact of a minor on more than an "occasional" or "incidental" basis.

"Occasional" shall mean irregular or infrequent. "Incidental" shall mean occurring by chance or in isolation. If the job specifications for apposition requires contact with a minor on any basis, then the contact is neither "occasional" nor "incidental."

C. The City of Stockton, in its discretion, may refuse to hire any person or permit any person to volunteer his/her services who has been convicted of any of the offenses (disqualifiers) specified in Appendix A of this policy.

Type text here
Type text here

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14

Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

D. In making any employment or retention decision based upon a disqualifier, the Director of Human Resources shall consider, among other factors: the employment classification to which the person is applying or being certified, including its sensitivity; the nature and seriousness of the conduct; whether there is a rational relationship between the employment duties and the nature of the conduct; the circumstances surrounding the conduct; the recentness of the conduct; the age of the individual at the time of the conduct; and the presence or absence of rehabilitation or efforts at rehabilitation.

E. Submission of fingerprints, as specified in the sections above, shall be a condition of employment.

F. This policy shall not apply to one-day events or programs.

G. This policy shall be administered by and is the responsibility of the Director of Human Resources.

Ill. PROCEDURES

A Administration of Criminal Offense Record Information (CORI).

1. The Human Resources Department shall enter into an agreement with the California Department of Justice for the purpose of electronically exchanging criminal offender information. This information shall be accessible only to designated individuals in the Human Resources Department, and the affected computer terminal shall be located in a secure area to provide protection from unauthorized access. CORI shall be made available to the City Auditor and designated members of his/her staff for the sole purpose of performance audits in accordance with Stockton Municipal Code section 2.70.020(8).

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14

Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

a. Security. Any questions regarding the release, security, and privacy of CORI shall be resolved by the Director of Human Resources.

b. Destruction. CORI shall be destroyed after the employment determination has been made, and copies of the CORI
information will be destroyed in such a way that the employee's name can no longer be identified.

c. Dissemination. CORI shall be used only for the purpose for which it was requested; except that, the City Auditor shall have access to and shall examine CORI in connection with his/her duties under section 1501(d) of the City Charter.

d. Storage. CORI shall be securely maintained and accessible only to the Director of Human Resources or his/her designees and the City Auditor or his/her designees, who are committed to protect such information from unauthorized access, use, or disclosure.

e. Reproduction. CORI shall not be reproduced for secondary dissemination.

f. Subsequent Arrest Reports. Any Subsequent Arrest Reports for separated employees, volunteers, and contract personnel shall be immediately returned to the Department of Justice.

2. The Director of Human Resources and/or his/her designees who are involved in the administration of this policy, and the City Auditor and/or his/her designees who conduct performance audits, shall be fingerprinted and cleared by the Department of Justice prior to attaining access to CORI. Each employee given CORI access shall be fingerprinted and processed through the California Department of Justice. In addition, those employees shall execute a copy of the Employment Statement issued by the Department of Justice, which Type text here
re

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14

Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

statement shall be maintained on file in the Human Resources Department.

B. Fingerprint Procedures and Review of CORI. All applications for employment and requests to volunteer services, without exception, are to be made to the Human Resources Department.

1. All applicants for employment covered under this policy (as set forth in sections II. A and B, above), including part-time, volunteer, intern, temporary agency, and contract personnel, shall be provided with a fingerprint application and required to submit one set of fingerprints to the Department of Justice prior to the pre-employment physical examination. (Note: This requirement shall not apply to those concessionaires who contract with the Community Services Department solely to rent space to conduct their own business.)

2. The applicant, volunteer, intern, temporary agency, or contract personnel shall hand-carry the fingerprint application, along with a valid California driver's license or identification card, to the Stockton Police Department Evidence Identification Section to complete the fingerprint process.

3. Upon receipt of CORI, including Subsequent Arrest Information, the designated Human Resources employees shall review the information for any arrests or convictions for disqualifiers. If there are no disqualifiers, the clearance date shall be entered into the confidential database set up for this specific purpose. Upon the employee's separation from City service, the California Department of Justice shall be notified of the separation to ensure that Subsequent Arrest Notifications are no longer received.

4. In the event CORI, including Subsequent Arrest Information, reveals disqualifiers, the Director of Human Resources shall evaluate the effect and potential effect of the employee's record of arrest on his/her position of employment, fellow employees, and the public in accordance with sections 11.8.2, above; and shall take appropriate A

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14

Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

action to maximize public safety and minimize potential liability while respecting the rights of the employee or volunteer. No applicant for employment will be permitted to report for work until the Director of Human Resources, or his or her designee, has first determined from review of the CORI information that the applicant has no disqualifying convictions.

In addition, any employee, volunteer, intern, temporary agency or contract personnel who has direct contact with minors and for whom a disqualifier is subsequently revealed shall be subject to any one of the following actions:

a. Transfer to a comparable position whose duties require no direct contact with children.

b. Reassignment to another department.

c. Placement back into a previously held position.
d. Termination.

5. The notice of rejection of application for employment or the notice of termination due to disqualifiers is the sole responsibility of the Human Resources Department. The Human Resources Department will immediately notify the Department of Justice that the affected applicant, employee, or volunteer has been rejected and that subsequent reports are not necessary.

6. The appointing authority shall not make a hiring decision until after CORI has been received and reviewed by the Human Resources Department.

7. The applicant, employee, or volunteer shall be responsible for reporting any conviction or arrest pending final adjudication to the Human Resources Department. If any conviction or arrest pending adjudication occurs while the employee or volunteer is working for the

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14

Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

City, the employee or volunteer shall report that conviction or arrest to the Human Resources Department. Failure to report an arrest or conviction shall be grounds for disciplinary action, up to and including termination.

8. Employees transferring or promoting to positions covered under this directive shall have a right of reversion to a previously held position in the event subsequent arrest information reveals a disqualifier; EXCEPT THAT the City reserves its right to discipline an employee, up to and including termination, pursuant to the City Charter, Stockton Municipal Code, Civil Service Rules, collective bargaining agreements, and/or any applicable laws or regulations.

IV PENALTIES

A. Misuse of CORI is a criminal offense, which may result in criminal or civil prosecution and may result in administrative action up to and including loss of access to information maintained by the Department of Justice and/or termination of employment, in accordance with City Charter sections 1201(a) and 1502, Administrative Directive No. HR-008, applicable memoranda of understanding, and/or the Civil Service Rules and Regulations.

B. Any violation of this policy shall result in disciplinary action, up to and including termination from City service.

APPROVED:

KURT 0. WILSON

CITY MANAGER

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14

Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

APPENDIX A

Convictions for which an applicant may be rejected, or for which refusal of certification for appointment, or termination of employment may result, are as follows:

Crimes Against Persons

• Murder (Penal Code§ 187, et seq.)
• Voluntary manslaughter (Penal Code§ 191.5, et seq.)
• Mayhem (Penal Code§ 203, et seq.)
• Torture (Penal Code§ 206, et seq.)
• Robbery (Penal Code § 211, et seq.)
• Assault and/or battery (Penal Code§§ 240, et seq.; 243, et seq.) • Rape (Penal Code§§ 261-263; 269.)
• Kidnapping (Penal Code§ 207, et seq.)
• Prostitution (Penal Code §§ 266-267)
• Lewd or lascivious acts (Penal Code§§ 288, 288 .2)
• Indecent exposure (Penal Code§ 314)
• Stalking (Penal Code§ 646.9, et seq.)
• Registered sex offender (Penal Code§ 290)
• Child abandonment (Penal Code§ 271, et seq.)
• Contributing to the delinquency of a minor (Penal Code§ 272, et seq.) • Incest (Penal Code§ 285)
• A criminal violation that is substantially similar in nature to any of the foregoing crimes against persons.

Crimes Against Property

• Arson (Penal Code § 451, et seq.)
• Theft I Larceny (Penal Code § 484, et seq.)
• Burglary (Penal Code§ 458, et seq.)
• Forgery (Penal Code§ 470, et seq.)
• Embezzlement (Penal Code§ 503, et seq.)
• Identity theft (Penal Code§ 530. 5, et seq.)

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

Subject:

FINGERPRINTING OF APPLICANTS,

EMPLOYEES, INTERNS, TEMPORARY

AGENCY EMPLOYEES, AND

VOLUNTEERS APPLYING FOR AND

HOLDING POSITIONS WITH THE CITY OF

STOCKTON
Directive No.

HR-40

Effective Date:
4/7/14

Revised from:
8/1/95
3/1/00
8/30/04
7/24/06
4/14/08

• Extortion (Penal Code § 581, et seq.)
• A criminal violation that is substantially similar in nature to any of the foregoing crimes against property.

Crimes involving Controlled Substances

Any crime described in the California Uniform Controlled Substance Act (division 10, commencing with section 11350), except where consideration of such conviction for employment purposes is prohibited or otherwise limited by law per Labor Code § 432.8. Employers are prohibited from considering marijuana related convictions which are more than two (2) years old. Specifically, agencies may not consider marijuana related convictions for violations of subdivision (b) or (c) of section 11357 of the Health and Safety Code or a statutory predecessor thereof, or subdivision (c) of section 11360 of the Health and Safety Code, or section 11364, 11365, or 11550 as related to marijuana prior to January 1, 1976, or a statutory predecessor thereof.

Miscellaneous Crimes

• Perjury (Penal Code § 118, et seq.)
• Falsifying!Tampering with Evidence (Penal Code §§ 132-135.5) • Falsifying public documents (Penal Code§ 112, et seq.) • Bribery (Penal Code §§ 68, 92, et seq., 165)
• Money laundering (Penal Code§ 186.9, et seq.)
• Bookmaking (Penal Code§ 337a)
• Misappropriation of public funds (Penal Code§ 424, et seq.) • A criminal violation that is substantially similar in nature to any of the foregoing miscellaneous crimes.

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ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

EXHIBIT 4

Signature of Compliance for HR 40

Operator confirms that all employees and volunteers who are working or volunteering at any City pool or park for all activities (swimming, seamless summer food program, summer camp, and swim team) are in compliance with City of Stockton HR40 guidelines about fingerprinting and disqualifying criminal convictions. This Compliance is due annually before opening day of Aquatic Facilities. Any addition of staff after that date will require a signature page by Operator provided to City the week of new hire.

_________________________________________
Signature

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ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

EXHIBIT 5

Facilities Inventory

CITY INVENTORY

1. Signage
a. Operational Hours (soft sign)
b. National Fire Protection Agency (NFPA) Sign
c. Emergency Numbers Sign
d. Keep Closed Sign
e. Diarrhea Sign
f. CPR Sign
g. Pool Rules Sign
h. Pool Capacity

2. Life Saving Equipment
a. Life Ring Rope
b. Rescue Pole
c. Backboard and head immobilizer

3. Equipment
a. Telephone Umbrella
b. Stands Chairs
c. 10-person first aid kit
d. Pool Binder
e. Water hose
f. CERS binder and “station” Emergency Spill pack
g. Personal Protection Equipment (PPE) (apron, neoprene gloves, Full face shield)

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

EXHIBIT 6

Compensation Schedule

Total Annual Compensation for 2026 Swim Season

PAYMENT COMPENSATION AMOUNT
Payment #1 (33.33%) $18,998.10
Payment #2 (33.33%) $18,998.10
Final (33.34%) $19,033.80
TOTAL COMPENSATION $57,000

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

EXHIBIT 7

HR 15, Harassment and Discrimination Policy

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

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ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

EXHIBIT 8

Scope of Services

Facility Start Up Responsibilities

Operator will be responsible to:

Prepare and submit the Pre-season Site Evaluation and Recommendation Report. Once contracted, Operator will tour and review all bathhouses, pool decks, pool shells, review pump/chemical/filtration system reports and operations, vacuuming equipment/hoses, ladders, chemical feeders, pumps, monitors, fencing, pool enclosures backwash and filters, safety equipment, meet with water quality operator, and evaluate essential pool equipment and recommend the needed improvements prior to May 7, 2026.

Prepare for usage all moveable equipment (tables, chairs, lounges, umbrellas. lifeguard chairs, lane lines, etc.).

Test all pool equipment with water quality operator and confirm with the City everything works according to operator specifications for season.

Report facility deficiencies promptly.

Responsible for managing facility keys (check In and out) according to City Policies. Operator will be charged to rekey the building if employee keys are not returned by season close deadline to be established.

Facility Operations - Swim Season

The Operator will be responsible for the following duties:

Unlock/disarm facility at opening, rearm and lock facility upon closing, and answer alarm calls off hours.

Complete and document a daily safety check of the entire facility.

Check water and chemical levels, clean filters and skimmers, vacuum pool, check systems.

Chemical checks need to be completed each day prior to pool being opened and every two hours during operational hours.

Provide staff 30 minutes prior to opening and 30 minutes after closing to the public to complete daily and weekly tasks.

Offices, entries, all bathrooms, all areas within fencing and premises within 25 feet of entry shall be maintained by Operator (collect and remove garbage and debris).

Primary cleaning of facilities will occur when the facility is closed to the public daily.

All outdoor areas must be swept/blown clean daily before opening.

Operator will maintain safety equipment and document daily check and testing.

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

Operator will maintain a copy of all work orders submitted to City. Logs and Reports will be reviewed weekly in weekly meetings.

Operator will maintain a complete log and copies of all incident reports, pull outs, rescues, injuries.

Specific circumstances and staff present will be documented. Serious issues will immediately be communicated with City representative.

Partial day closures and complete closures will be documented.

Operator will maintain water quality logs during open hours and immediately communicate deficiencies to water quality operator and city representative.

Operator or will immediately notify water quality operator and city representative of repairs or water quality equipment or issues at facility.

Operator shall provide replacement first aid materials, janitorial supplies (trash bags, paper towels, garbage bags, soap, toilet paper, cleaners, light bulbs).

City shall provide and pay for gas, electricity, water, garbage service, telephone service and security service.

Water Quality Operator shall provide to operator, on behalf of City, any pool chemicals required to maintain water quality standards during open hours.

Operator shall provide a Management Plan, Marketing Plan, and Financial Plan for successful operator of all facilities.

Operator will provide operator inventory Report which is 100% of City and Operator equipment on site.

Operator is granted exclusive right to sell food and merchandise at facility at sole cost and expense of operator. Concession licenses will be clearly posted. Operator must pay all taxes and report in a timely manner.

Staff Responsibilities

Operator will designate a pool lifeguard as manager for each facility. This position will be responsible for the staffing, management, supervision, and operation of the facility.

Operator will provide lifeguard supervision for public swimming, swim lessons, swim team practices, swim meets, all organized pool activities including rentals and private uses. All lifeguards must have a current Lifeguard Training certificate, CPR, and First Aid certifications on file and available for viewing at facility at all times. Proof will also be provided to City at least one week before the first scheduled work shift.

Operator shall provide and maintain reasonable and adequate staffing levels. Operator shall maintain personnel and staff that will meet or exceed the certification standards set for the American Red Cross (or equivalent) and local or state department of public health for each position.

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

In all aspects, Operator must maintain safe ratio of lifeguards to participants and circumstances at each pool site. A minimum of t hree lifeguards are required for each shift of fifty attendees or less. One (1) additional lifeguard is required for every additional twenty -four (24) people in attendance before the first 50 in attendance. Pool manager may count as one of the t hree minimum guards. Lifeguard will be responsible for the safety of the pool patrons, the safety and cleanliness of the facilities (including bathrooms).

Operator must provide one staff to monitor entrance, greet patrons, check/clean bathrooms hourly, collect fees and provide spot inspections of all areas of facility hourly. That person must be CPR and first aid certified.

Operator must include a copy of training and hiring practices for lifeguards and pool managers with proposal. Operator must document effective communication regarding training, evaluation, and disciplinary policies and policies and procedures for lifeguards and pool managers.

Operator must include a copy and description of weekly skills test and in -service training for lifeguards. Skills test will be documented, and City staff will be present during the skills tests from time to time.

Lifeguards must be supervised weekly, and documentation of supervisor must be available for City review. A company officer or manager will be required to supervise managers and meet with the City-designated contact weekly.

Operator will comply with HR-40 and verify each employee has a complete background check before starting work on site. Documentation may be audited by the City.

Operator will post certifications from County Health Department.

City may designated additional rules and regulations specific to certain aquatic facilities and be enforced by Operator.

Operator will provide a weekly summary of employees that work at each site each week.

Programming

Operator will provide a Program Plan for each facility which provides hours of operation, days of operation, type of activities each day by scheduled period (recreational/open swim, swim lessons, water aerobics, lap swim, swim team activities, water safety classes, lifeguard training, special events and private rentals). This shall be provided before May 15 of each swim season.

Operator shall provide weekly and monthly participation reports for actual daily use for all facilities (inclusive of swimmers and spectators) including number of rentals, schedule of programs, program fees, listing of programs offered. Statistics should show daily use, summarized in a weekly and totaled monthly.

Pool rentals and parties may be scheduled outside of regular public operation, programming, and swim team hours.

The Operator has the authority to close the facilities during inclement weather and be prepared to reopen the facility if and when the weather improves.

ATTACHMENT B

2026 Aquatics Facilities Operator Agreement

If a facility is to be closed for the day, there will be a mutual agreement by Operator and City to close the facility to the public. Operatot will notify the City when closing so City can notify the public.

Operator shall provide the City monthly participation reports for each facility by the 10th of the following month. Participation Reports shall include 100% of the activities and the number of attendees for all facilities as identified in Article 2.

Operator shall clearly provide guidance and signage regarding minor attendance, minimum swim standards, etc.

If Operator plans to operate a summer camp in conjunction with the pool, a detailed staffing and program plan must show how the programs are related and demonstrate adequate supervision and support.

Season Closure Activities

Operator shall tour the facility with City representative and water quality operator to review and inspect facility and equipment status and repairs.

Operator shall clean and sanitize the pool house areas, restrooms, all interior and exterior spaces, storage areas, decks, etc.

Operator shall neatly stack and organize supplies. Operator may keep supplies in the pool house storage area neatly for the life of the agreement, but materials and supplies left at termination of the agreement will become property of the City of Stockton.

Post Season Closure Report. Operator shall provide a Post-Season Closure Report. The post - season site evaluation and recommendation report. Operator, Water Quality Operator and City representative will tour and review all bathhouses, pool decks, pool shells, review pump/chemical/filtration system reports, vacuuming equipment/hoses, ladders, chemical feeders, pumps, monitors, fencing, pool enclosures backwash and filters, safety equipment, and provide essential pool equipment feedback for next season. This Report shall be submitted 2 weeks after the tour.

Keys MUST be returned during final walk through at close of Agreement or at termination by each employee.

Health and Safety Standards

Operator shall maintain accident and incident reports and notify City representative immediately of any occurrence. Operator is not authorized to speak to media regarding any incident on site, and all media requests must be immediately forwarded to City Public Information Officer Connie Cochran.

City will supply one first aid kit per facility, and Operator must maintain supplies in accordance with local health department requirements.

Operator must provide a copy of their Company safety plan which includes number of safety meetings during swim season, how often safety inspections are performed, nature of safety orientation for new employees.

ATTACHMENT B
2026 Aquatics Facilities Operator Agreement

Operator must maintain a complete file of comments, complaints, and incidents. Suggestions and complaints must be provided to city representative weekly.

Operator shall meet or exceed all local, state, and national health and safety standards and always maintain the pool enclosure in a clean and safe condition.

Operator will be required to participate in a complete aquatic review program by an agency such as American Red Cross, Ellis, and Associates, etc. The review must be completed by the same organization that provides the certificate. The program should be included in the proposal.

Operator will provide copies of pool rules, participation waivers, etc.

Operator will notify City about signage requirements, both mandated and optional (rules).

ATTACHMENT B