City Council and Concurrent Authorities
June 23, 2026

CONTRACT FOR SERVICES
THIS CONTRACT is entered into this day of 2026, between the CITY OF STOCKTON, a municipal corporation (“CITY), and CALIFORNIA PROFESSIONAL PEST CONTROL INC., DBA CALIFORNIA PEST CONTROL a STATE OF CALIFORNIA CORPORATION, with a business address at P.O. BOX 692636, STOCKTON, CA 95269 hereinafter called "CONTRACTOR.," THIS CONTRACT is for the PARKS PEST CONTROL (OM-26-03 3), hereinafter referred to as “SERVICE”.

RECITALS
A. CONTRACTOR repre
sents that it is licensed in the State of California and is qualified, willing and able to provide the services proposed in the SCOPE OF WORK section of this Contract.

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

C. CONTRACTOR repres
ents that it will pay all required prevailing wages under California Labor Code for all services provided that have a wage determination.

D. CITY finds it necess
ary and advisable to use the services of the CONTRACTOR for the purposes provided in this Contract.

NOW THEREFORE, i
n consideration of the mutual promises, covenants and conditions in this Contract, CITY and CONTRACTOR agree as follows:

1. SCOPE OF SERVICE
S. Subject to the terms and conditions set forth in this Contract, CONTRACTOR shall undertake and complete the services described in Exhibit A (scope and specifications) . CONTRACTOR shall provide said services at the time, place , and in the manner specified in Exhibit A and compatible with the standards of the profession.

CONTRACTOR agrees that it shall provide fully complete services including all labor, materials, tools, equipment and insurance required and that are acceptable to the CITY.

2. COMPENSATION.

CITY shall pay CONTRACTOR for services outlined in
Exhibit A according to the fee not to exceed the schedule detailed in Exhibit B (fee schedule), which is attached to this Contract and incorporated by this reference. CONTRACTOR agrees this fee is for full remuneration for performing all services and furnishing all staffing, materials and tools called for in the scope of services. The payments shall be made on a monthly basis upon receipt and approval of CONTRACTOR’S invoice for completed work . Total compensation for services and reimbursement for costs shall not exceed $ 224,946.00 or as otherwise mutually agreed to in a Contract Amendment.

ATTACHMENT A

PARKS PEST CONTROL, PROJECT NO. OM-26-033
Pursuant to Section 22300 of the Public Contract Code, CONTRACTOR will be permitted, at its request and sole expense, to substitute securities for any monies withheld by the CITY to ensure performance under the contract. Said securities will be deposited either with the CITY or with a State or federally chartered bank as escrow agent. Securities eligible for this substitution are those listed in Section 16430 of the California Government Code or bank or savings and loan certificates of deposit. CONTRACTOR shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. a. Invoices
submitted by CONTRACTOR to CITY must contain a brief description of work performed, location of work, time used, materials and special equipment and City project number. Payment shall be made within thirty (30) days of approval of invoice by City.
b. Upon complet
ion of work and acceptance by C ITY, CONTRACTOR shall have sixty (60) days in which to submit final invoicing for payment. An extension may be granted by 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 CONTRACTOR fails or neglects to submit within sixty (60) days, or any extension thereof granted by the C ITY, after work is accepted by CITY.

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

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

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

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

ATTACHMENT A

PARKS PEST CONTROL, PROJECT NO. OM-26-033
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non- contributory basis for the benefit of the City of Stockton (if agreed to in a written contract or agreement) before the City of Stockton’s own insurance or self-insurance shall be called upon to protect it as a named insured.

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

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

The CIT
Y reserves the right to obtain a full certified copy of any insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of right to exercise later.

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

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

4. INDEMNI
TY 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 and fees of litigation) of every nature arising out of or in connection with Contractor’s performance of work hereunder or its failure to comply with any of its obligations contained in this agreement, except such loss or damage which was caus ed 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.

ATTACHMENT A

PARKS PEST CONTROL, PROJECT NO. OM-26-033

5. SCHEDULE AND TERM. CONTRACTOR shall perform the scope of work as described in Exhibit A according to the schedule detailed in Exhibit A, which is attached to this Contract and incorporated by this reference. This contract shall commence on the date written above and shall expire on June 30, 2029, unless extended by mutual agreement through the issuance of a Contract Amendment. This contract provides for two (2), one (1) year extensions at the same rates and terms as outlined in Exhibit A and Exhibit B.

6. CONFORM
ANCE TO APPLICABLE LAWS. CONTRACTOR shall comply with
all applicable Federal, State, and Municipal laws, rules, and ordinances. a. TITLE V
I
Titl
e VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d) http://www.dol.gov/oasam/regs/statutes/titlevi.htm.

The Cit
y of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DISCRIM

INATION AND HARASSMENT POLICY
The Cit
y of Stockton has a Discrimination and Harassment Policy (Exhibit D).

The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. LABOR ST

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

NG WAGE
CONT
RACTOR 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

ATTACHMENT A

PARKS PEST CONTROL, PROJECT NO. OM-26-033
1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to insure that the prevailing wage rates of concern is current and paid to the employee. i. The CONTRACTOR performing the work shall be responsible for obtaining a copy of the State wage rate determination. State wage rates may be obtained at
http://www.dir.ca.gov/OPRL/pwd/Determinations/Northern/Northern.pdf.

The CONTRACTOR shall be responsible for posting said wage rates at a prominent location at the work site and shall maintain same in a good readable condition for the duration of the work.
ii. Should the
CONTRACTOR choose to work on a Saturday, Sunday or on a holiday recognized by the Labor Unions, the CONTRACTOR shall reimburse the CITY the actual cost of engineering, inspection, superintendence, and or other overhead expenses which are directly chargeable to the contract.

Should such work be undertaken at the request of the CITY, reimbursement will not be required. To conform strictly with the provisions of Division 2, Part 7, Chapter 1, Article 2, of the Labor Code of the State of California. To forfeit as a penalty to CITY the sum of TWENTY FIVE AND NO/100 DOLLARS ($25.00) for each laborer, worker, or mechanic employed by CONTRACTOR, or by any subcontractor under CONTRACTOR, in the execution of this contract, for each calendar day during which any laborer, worker, or mechanic is required or permitted to work more than eight (8) hours and who is not paid the general prevailing rate of per diem wages for holiday and overtime work in violation of the provisions of Sections 1770 to 1781 of the Labor Code of the State of California. That all sums forfeited under the provisions of the foregoing sections shall be deducted from the payments to be made under the terms of this contract.
iii. The CON
TRACTOR to whom the contract is awarded shall insure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Compliance Officer. It shall be the CONTRACTOR’S responsibility to obtain copies of the current prevailing wage rate determination for all subcontractors. Additionally, certified payroll records must be uploaded to the DIR website as required by labor code.
iv. The CO
NTRACTOR 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,

ATTACHMENT A

PARKS PEST CONTROL, PROJECT NO. OM-26-033
and 2) contribution of funds to administer and conduct apprenticeship programs, if applicable to the job.
e. LOCAL EMPL

OYMENT ORDINANCE
Pursuant to St
ockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract.

CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section 3.68.095.
f. SANCTIONS
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. CONTRACT AMENDMENT
S. CITY reserves the right to make such alterations,
deviations, additions to or omissions from the plans and specifications, including the right to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Project Manager to be necessary or advisable and to require such extra work as may be determined by the Project Manager to be required for the proper completion of the whole work contemplated.

Any such changes
will be set forth in a C ontract 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 C ontract Amendment will not become effective until approved by the authorized City official.

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

9. OBLIGATIONS OF
CONTRACTOR. Throughout the term of this Contract,
CONTRACTOR represents and warrants that it has or will have at the time this Contract is executed, all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required for the CONTRACTOR to practice its professions, and CONTRACTOR shall, at its own cost and expense, keep in effect during the life of this Contract all such licenses, permits, qualifications, insurance, and approvals CONTRACTOR shall meet with the Public Works Director or other personnel of C ITY or third parties as necessary on all matters connected with the carrying out of CONTRACTOR’S services. Such meetings shall be held at the request of either party hereto. CONTRACTOR further warrants that it will follow the best current, generally accepted and professional practices to make findings, render

ATTACHMENT A

PARKS PEST CONTROL, PROJECT NO. OM-26-033
opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

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

11. CONTRACTO
R STATUS. In performing the obligations set forth in this Contract, CONTRACTOR shall have the status of an independent contractor and CONTRACTOR shall not be considered to be an employee of the C ity for any purpose. All persons working for or under the direction of CONTRACTOR are its agents and employees, and are not agents of the 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 CONTRACTOR. The CONTRACTOR shall be responsible for the work of subcontractors, which shall be subject to the provisions of this Contract. The CONTRACTOR is responsible to the CITY for the acts and omissions of its subcontractors and persons directly or indirectly employed by them. a. If in t
he performance of this Contract any third persons are employed by CONTRACTOR, such persons shall be entirely and exclusively under the direction, supervision, and control of CONTRACTOR. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by CONTRACTOR. i. It i
s further understood and agreed that CONTRACTOR must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of CONTRACTOR’S personnel.
ii. As an in
dependent contractor, CONTRACTOR hereby indemnifies and holds CITY harmless from any and all claims that may be made against the C ITY based upon any contention by any third party that employer -employee relationship exists by reason of this Contract.

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

13. HEADINGS
NOT CONTROLLING. Headings used in the Contract are for reference purposes only and shall not be considered in construing this Contract.

14. NOTICE
S. Any and all notices herein required shall be in writing and shall be sent by certified or registered mail, postage prepaid, addressed as follows:

ATTACHMENT A

PARKS PEST CONTROL, PROJECT NO. OM-26-033
To CONTRACTOR: California Professional Pest Control Inc. To City: Public Works Director dba California Pest Control City of Stockton
P.O. Box 692636 22 E. Weber Ave.,
Stockton, CA 95269 Rm. 301
Stockton, CA 95202

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

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

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

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

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

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

20. GOVE
RNING LAW. California law shall govern any legal action pursuant to this Contract with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

ATTACHMENT A

PARKS PEST CONTROL, PROJECT NO. OM-26-033

21. 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 senior managers of each Party having authority to resolve the dispute.

1. Venue
Any contr
oversy or claim between the Parties shall be determined with venue for all claims in the Superior Court of the County of San Joaquin, Stockton Branch or, where applicable, in the federal District Court of California, Eastern District, Sacramento Division.

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

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

23. INTEGRATION A
ND MODIFICATION. The response by CONTRACTOR to the
Request for Proposals or Qualifications and the Request for Proposals or Qualifications on file with the CITY are hereby incorporated herein by reference to the extent that such documents do not differ from the provisions and terms of this Contract that shall supersede such response to Request for Proposals or Qualifications . This Contract represents the entire integrated agreement between CONTRACTOR and CITY, supersedes all prior negotiations, representations, or agreements, either written or oral, between the parties, and may be amended only by written instrument signed by CONTRACTOR and CITY. All exhibits and this contract are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Contract and the attached exhibits, the terms of this Contract will prevail.

24. SEVERABILITY.

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 PARTY RIGH
TS. Nothing in this Contract shall be construed to give any rights or benefits to anyone other than CITY and CONTRACTOR. //
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ATTACHMENT A

PARKS PEST CONTROL, PROJECT NO. OM-26-033

REQUEST FOR PROPOSALS
FOR

PARKS PEST CONTROL
PROJECT NO. OM-26-033
Issued by:

City of Stockton
Public Works Department
1465 S. Lincoln Street
Stockton, CA 95206
Date Issued: March 3, 2026
Date Proposals Due: March 25, 2026, by 3:00 PM

LATE SUBMI

TTALS WILL NOT BE ACCEPTED

ATTACHMENT A

EXHIBIT A

1. INTRODUCTION
The City of Stockton (City) Public Works Department Parks Section is seeking proposals from a qualified contractor to provide pest control services at various City Parks, public open spaces, and street landscaping. Services to be performed include reducing and eliminating rodents, such as gophers, voles , and ground squirrels , and ensuring that there are no hazards to people, pets, wildlife , and the park’s environment caused by the rodents or efforts to remove them.

The p
urpose of this contract is to provide the City with a qualified contractor to provide excellent pest control services and a safe environment for maintenance and park users.

2. BACKG
ROUND
The City of Stockton Public Works Department Parks Section is responsible for maintaining all City parks, listed in Attachment A. All work should be completed professionally and effectively to ensure that City parks are a safe environment for all maintenance and park users.

3. SC
OPE OF WORK: See Attachment B

4. CONT

RACT PERIOD

4.1 Any resultant Service Contract(s) shall be effective beginning July 1, 2026, and shall continue through June 30, 2029. The City may terminate the contract at any time as a result of unsatisfactory performance or lack of funding.

4.2 U
pon request from the Contractor, the City may approve extending this contract for up to two one -year extensions. The Contractor must submit a request for a contract extension in writing to the Contract Administrator by December 31 of the year before the contract or any extension expires. Based on the Contractor's performance, the Contract Administrator will evaluate whether the contract should be extended. Any contract extension must be approved by the City Manager. Should an extension(s) be granted, at the end of such extension(s) and upon completion of the contract term, the maintenance area shall be in conformance with the project specifications. If the maintenance area is not in conformance by the end of the contract term, the City may deduct the cost to bring the area into conformance from the contractor’ s final billing invoice.

4.3 T
he City does not guarantee a minimum or maximum dollar value for any contract resulting from this solicitation.

4.4 G
oods and/or services shall not be suspended by the Contractor without 30 days' prior written notice to the City’s designated Contract Administrator.

5. PRI
CE
Contractor will provide a base weekly service rate, as outlined in Attachment C, for services provided on a biweekly schedule (26 weeks per year).

The b
iweekly rate bid for each type of service listed shall include all wages, payroll taxes, fringe benefits, insurance, transportation, equipment, materials, supplies, overhead, and

EXHIBIT A

ATTACHMENT A

profit. Labor rates include service trucks and all tools/ equipment typically found on the service trucks. Contractor prices stated in the Cost Proposal shall be effective from the date the proposal package is submitted to the day the agreement is awarded and throughout the initial three-year term of the contract.

Mark-up on par
ts and materials may not exceed ten percent of the Contractor ’s cost as determined by supplier invoice or other evidence of actual cost. Invoices must identify the work performed, cost of labor, parts/materials used and part/materials cost.

6. PRI

CE ADJUSTMENT
Contractor prices stated in the Cost Proposal shall be effective from the date the proposal package is submitted to the day the agreement is awarded and through the term of the contract. The contract includes the option of two additional one-year extensions.

If
the Contract is extended for the first additional one (1) year term, the prices in effect during the final year of the initial term shall be increased by three percent (3%) . If the Contract is extended for the second additional one (1) year term, the prices shall remain the same as those in effect during the first extension term, and no additional increase shall apply.

7. WARR
ANTIES
Contractor warrants that the work performed shall conform to the specifications, drawings, samples, and other descriptions set forth in the Contract Documents and shall be free of defects in workmanship. All parts and labor related to agreements must be guaranteed and include a warranty. If any work is unable to be guaranteed, the contractor must inform the City, in writing, prior to the delivery of an item or any work being performed.

Cont
ractor shall, at its own expense, promptly repair, replace and/or re-perform any portion of the work that is defective or in any way fails to conform to the requirements in the Contract Documents for a period commencing on the date of final completion of the work and acceptance by City, and ending one (1) year as thereafter as such one- year period is extended through any extended warranty provided in the Contractor’s Bid. Any repair, replacement, or re-performance will meet the requirements in the Contract Documents for a period of one (1) additional year following the City’s acceptance of such repair, replacement, or re -performance. If Contractor fails to promptly make any repair, replacement or re-performance as required herein, City may conduct the necessary work at the Contractor’s expense.

8. CONT

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

The C
ontractor shall employ only workers who are competent and skilled for work under this Contract. The City shall, throughout the term of the Contract, have the right of reasonable rejection and/or approval of staff assigned to the work by the Contractor. If the

EXHIBIT A

ATTACHMENT A

City’s Contract Administrator rejects one of the Contractor's staff, the Contractor must provide replacement staff satisfactory to the City at no additional cost to the City. If, in the opinion of the City, any Contractor employee who is incompetent, disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, shall be removed immediately from work under this contract upon request of the City.

Wor
k estimates and recommendations for repair shall be given only to the Contract Administrator and not to City staff working at individual jobsites. Interactions between Contractor employees and City staff at jobsites shall remain professional and courteous.

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

Cont
ractor shall employ a sufficient number of staff to ensure performance of the work, as described in Attachment B, Scope of Work. All work shall be performed by experienced staff directly employed by the Contractor.

Eac
h employee of the Contractor shall be identified by a photograph identification badge and a uniform readily identifying the worker as an employee of the Contractor’s firm. Each employee must be identified at all times while performing work in any City park, public open space, or streetscape.

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

Cont
ractor shall keep the premises free from the accumulation of waste materials, refuse, and other debris resulting from the work. Upon completion of the work, the Contractor shall remove all waste materials, refuse, and debris from and about the premises as well as all tools, construction equipment, machinery, and surplus material, and leave the site clean and ready for occupancy.

Cont
ractor will be responsible for the removal, packaging, transportation and proper disposal of all materials deemed as waste per all applicable local, state, and federal regulations. Disposal of Contractor project waste in City containers or at City facilities is not allowed.

9. CO

NTRACTOR QUALIFICATIONS
The successful Contractor must have been actively engaged in the services of pest control in open public spaces as the scope of work covered by this contract for a minimum of (5) years. The Contractor shall show that they have available, under direct employment and supervision, the necessary organization and facilities to properly fulfill all services and conditions required under these specifications and Scope of Work. In addition, the Contractor should use only licensed, skilled professionals having the skills, competency,

EXHIBIT A

ATTACHMENT A

and experience in providing professional pest control.

Cont
ractor shall possess a valid California State Applicators license for all personnel directly involved with pesticide applications at City Parks, public open spaces and street landscaping. It will be the contractor’s responsibility to renew licenses a minimum of fifteen days prior to their expiration date and to provide the City with a copy of the updated license upon receipt. Failure to provide this information will be grounds for immediate contract termination.

Cont
ractor shall have extensive knowledge and experience doing business with governmental entities as a direct provider without the use of a subcontractor. Contractor shall have the ability to self -perform the requested work. To the extent of personnel and equipment to be provided under this agreement, contractor, if so requested, shall afford City an opportunity to inspect Contractor’s equipment prior to award of the agreement.

11. JO
B WALK
No job walk has been scheduled for this project; however, proposers may visit any of the sites listed in Attachment A at their discretion.

12. IN

VOICING
Contractor shall promptly submit one itemized invoice no later than fifteen days after the end of the reporting month . All invoices should reference the purchase order or contract number and the City work order number if provided. The contractor shall customize invoices at the request of the City. Invoices should be submitted to [email protected].

Inv
oicing by the Contractor shall be clearly itemized to show labor hours, materials, direct costs, and any markup, and shall include, but is not limited to, the following:

12.1 Loc
ation and address of park receiving services

12.2 Name and signature of City designee authorizing work

12.3 Contract number

12.4 Services provided

12.5 Dates and hours of service

13. GE

NERAL INFORMATION

13.1 Proposal Submissions
Costs for developing proposals are entirely the responsibility of the Contractor and shall not be charged to the City in any way. All materials submitted become the property of the City.

Fiv
e hard copies of the proposal should be firmly sealed in an envelope which shall clearly be marked on the outside with “PARKS PEST CONTROL PROJECT, NO. OM-26-033”.

The proposal shall also be submitted on a USB flash drive clearly labeled with the proposer’s name. An electronic copy of the cost proposal should NOT be included on the flash drive.

EXHIBIT A

ATTACHMENT A

The cost proposal must be in a sealed envelope separate from the proposal . Late Proposals will not be accepted.

Attn
: Katrina Tavares
Project No. OM-26-033
City of Stockton
1465 S. Lincoln Street
Stockton, CA 95206

13.2 A
cceptance or Rejection of Proposal
The City reserves the right to negotiate a Service Contract(s) with the company submitting the highest-ranking proposals. The City also reserves the right to reject any and all proposals or to waive any irregularity in a proposal if it is deemed to be in the best interest of the City. Failure to submit all requested information could be grounds to reject the proposal.

13.3 P
roposal Questions and Requests for Clarification
Questions and requests for clarification shall be submitted via email to:

[email protected] and [email protected] Ques
tions and requests for clarification shall be submitted by 3:00 p.m. on March 16, 2026. Answers to questions and requests will be emailed to all proposers by March 19, 2026.

13.4 C
auses for Disqualification
Any of the following may be considered a cause to disqualify a proposal without further consideration:

A. Ev
idence of collusion among proposers.

B. Any attempt to improperly influence any member of the evaluation panel.

C. Any attempt to communicate in any manner with a City of Stockton elected official during the RFP/bid process will, and shall be, just cause for disqualification/rejection of proposal submittal and considered non- responsive.

D A proposer's default in any operation of a professional services contract/agreement which resulted in termination of that agreement.

E. Existence of any lawsuit, unresolved contractual claim, or dispute between the proposer and the City.

F. No person, firm, or corporation shall be allowed to make or file or be interested in more than one proposal/bid for the same supplies, services, or both; provided, however, that subcontract bids to the principal bidders are excluded
from the requirements of this section: Section 3.68.120 of the Municipal Code.

G. Any ex
ceptions to the insurance requirement may result in a non-responsive proposal.

13.5 Li
censing Requirements
A California State Applicators license issued by the California Contractors State License Board is required for this project. Proposers must have and furnish a copy of a

EXHIBIT A

ATTACHMENT A

State of California State Applicators License at the time of proposal submission.

Professional certifications or licenses required are the sole cost and responsibility of the successful proposer.

Cont
ractor is not required to have a valid City of Stockton business license to submit a proposal. The Contractor selected to perform this work must obtain a City of Stockton business license prior to a contract being issued and maintain this license throughout the duration of the Contract.

The s
uccessful proposer and any subcontractor(s) shall provide copies of all valid licenses and certifications required for the performance of the services being bid upon.

The copies shall be emailed to the City no later than ten (10) days after the Contractor receives notice of award from the City. Current copies of licenses and certificates shall be provided to the City within 24 hours of demand at any time during the contract period.

The C
ity of Stockton Business License Division can be reached at (209) 937- 8313 or [email protected].

13.6 I
nsurance Requirements
The proposer must obtain and maintain the required insurance. Proposer should review Attachment D, Instructions to Proposers, for information regarding insurance, indemnification, Disadvantaged Business Enterprises, prevailing wages, etc. Failure to comply with the Instructions to Proposers may be grounds for rejection.

13.7 Loc
al Business Preference
Stockton Municipal Code Section 3.68.090 applies to this project. Preference shall be given to the purchase of supplies, materials, equipment, and contractual services from local merchants, quality and price being equal.

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

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

13.8 D
epartment of Industrial Relations
Registration with the California Department of Industrial Relations is required for this project. Please refer to Attachment D, Instructions to Proposers, for registration requirements.

13.9 S
tart of Work
The selected Contractor shall be expected to begin work within 30 days of contract signing. The City reserves the right to add or delete locations from this list.

EXHIBIT A

ATTACHMENT A

13.10 Product Ownership
Any documents resulting from the performance of work in the contract will become the property of the City, including all work performed by subcontractors.

14. REQ

UIRED PROPOSAL CONTENT
The body of the proposal shall be no more than 25 pages, with a minimum font size of 12, including resumes and cover letters. The maximum allowable length is exclusive of any folder, cover, or section dividers. Proposer shall submit 5 sets of the proposal firmly sealed in an envelope which will clearly be marked on the outside with “PARKS PEST CONTROL , PROJECT NO. OM-26-033”. The proposal shall also be submitted on a USB flash drive clearly labeled with the proposer’s name.

An el
ectronic copy of the cost proposal should not be included on the flash drive. The cost proposal must be in a sealed envelope separate from the proposal.

La
te Proposals will not be accepted.

Pr
oposals must include narrative responses to the following:

14.1 C
over Letter/Introduction
The cover letter shall be signed by an official with the authority to negotiate and contractually bind the company with the City of Stockton. Provide the name, title, mailing address, email address, and phone number for this officer, and the name of the company submitting the proposal.

Br
iefly introduce the proposal, including a statement of the Contractor’s approach to providing the services listed in this RFP. Describe any subcontract arrangements or licensing agreements and include any conflicts of interest.

14.2 P
roject Team
Describe your team organization , including the qualifications of the primary Project/Account Manager and any other key personnel related to the project. Provide an organizational chart of the proposed team structure.

The f
ollowing should be addressed:

A. Dem
onstrate the company’s experience in each of the areas of expertise needed to successfully complete the project. This should include a description of prior experience working with public agencies, including working with City staff.

B. Ab
ility for the project team to perform the proposed work within the time limits of the project, considering their current and projected workload and assignments.

14.3 D
etailed Work Plan
Describe the efforts the Contractor will undertake to achieve client satisfaction and to satisfy the requirements of the Scope of Work (Attachment B).

EXHIBIT A

ATTACHMENT A

Briefly describe the approach and process the vendor will employ to successfully complete the work to be performed. Include any specific staffing or equipment resources that will be employed by the Contractor.

Wit
h full consideration of the number of locations listed in Attachment A, the following should be addressed:

A. The C
ontractor’s service request reporting mechanism and phone answering system with the capability of contacting and dispatching service personnel within 2 hours.

B. The Contractor’s ability to respond to, mobilize, and be on-site ready to start work for all emergency requests within 24 hours.

C. The Contractor’s ability to maintain a supply of available parts/supplies and maintain a supply system for acquisition of additional parts/supplies either immediately or with minimal delay.

D. Include a description of how your company administers quality assurance and control for the work being performed.

14.4 E
xamples of Experience with Similar Types of Work
Provide examples of contracts/accounts held in a similar scope and size to this project.

Detail any involvement, past or current, relative to litigation or other disputes, if any, concerning your performance with any clients to whom your company has provided services. List all contracts canceled or not extended. State any and all instances of being disqualified, removed, or otherwise prevented from completing the terms of any previous contracts over the past five (5) years. Provide names, street addresses, and phone numbers, and explain the circumstances.

14.5 R
eferences
Provide three references from clients your company has served in the past three years, including one client that has newly engaged in the company in the past 36 months and one long-term client. Submit letters of reference for the company, two of which are familiar with the Project/Account Manager and key personnel. This shall include the name, company, contact information, and description of related work that was provided to the client. No City of Stockton elected officials, appointed officials, or employees may be provided as a reference for this proposal.

14.6 B
illing/Invoicing
Describe your company’s billing and accounting system, as it will relate to this Contract.

Describe your capability to customize invoices to meet the City’s needs. Please attach samples of your company’s billing forms and invoices.

14.7 Co
st Proposal
The total cost proposal for the provisions of the Contract shall include all wages, payroll taxes, fringe benefits, insurance, vehicles, transportation, equipment, materials, supplies, overhead, and profit.

The C
ontractor is encouraged to review the locations listed in Attachment B prior to submitting their proposal, to ensure they are fully cognizant of the Scope of Work.

EXHIBIT A

ATTACHMENT A

An electronic copy of the cost proposal (Attachment C ) should NOT be included on the flash drive. The cost proposal must be in a sealed envelope separate from the proposal.
15 PRO

POSAL EVALUATION

15.1 Proposal Scoring Criteria
Proposals will be ranked out of 100 total points using a “best value” methodology based on the following categories:

A. Cost
Proposal (35 points). Points will be weighted with regard to the rate anticipated to be utilized most by the City.

B. Detailed Work Plan (35 points). Contractor’s ability to provide a full range of services as defined in the Scope of Work (Attachment A). Contractor’s service request submission protocol and phone answering system , Monday – Friday, 6:00 am – 6:00 pm, capable of contacting and dispatching service technicians.

Contractor’s ability to respond to, mobilize, and arrive on-site, ready to start work for all emergency requests within twenty-four (24) hours. Contractor’s ability to maintain a supply of available parts /supplies and a system for the acquisition of additional parts immediately, or with minimal delay.

C. Experience and References (25 points). Contractor’s experience with providing a superior level of service to like-sized public and/or private entities. Contractor’s references.

D. Local Business Preference (5 points). A maximum of 2 points for companies with offices outside of Stockton, but inside San Joaquin County, will be given, and
5 points will be given for companies with offices in Stockton, in accordance with Stockton Municipal Code Section 3.68.090.

The Ci
ty’s selection committee will evaluate all proposals. This is a qualifications and cost-based selection, so ranking will be in accordance with the above and the attached Evaluation Scoring Worksheet (See Attachment E). Cost proposals will not be opened until after all other categories have been evaluated. As local preference is a factor, Stockton firms are encouraged to submit proposals.

15.2 Ten
tative RFP Schedule
The Contractor Selection process will follow the tentative timeline shown below:

Event
Date
Post Request for Proposals March 3, 2026
Written Questions submitted by March 16, 2026, by 3:00 PM Response to Written Questions March 19, 2026
Proposals Due March 25, 2026, by 3:00 PM
Interviews Start April 2026
Negotiations April 2026
Contract Execution May 2026

ATTACHMENT A

EXHIBIT A
The Contract will be awarded to the most responsive and responsible proposers based on the best cost, qualifications, and experience, including the quality of the equipment, products, materials, and services to be provided, and the support that the proposer offers during the duration of the contract terms. The highest-ranked proposer will always be considered first; however, should any scheduling or ancillary conflicts occur, the City, at its discretion, reserves the right to use the second or third-ranked proposer as applicable to immediate and scheduled operations. The three selected proposers will be part of the preferred rotating vendor list and will be utilized to submit respective proposals for larger projects outside the scope of the contract.

The s
elected Contractor will be expected to enter into a Professional Services Contract with the City. Proposers should direct their attention to Attachment D, Instructions to Proposers, for the most current insurance and indemnification language. It is expected that the successful proposer will accept these terms without modification.

The c
ontract shall not be in force until Council approval and the City Manager's signature. Work performed before the issuance of a Notice to Proceed cannot be paid by the City.

ATT

ACHMENTS
Attachment A – List of Work Locations
Attachment B – Scope of Work
Attachment C – Cost Proposal
Attachment D – Instructions to Proposers
Attachment E – Evaluation Scoring Worksheet

ATTACHMENT A

EXHIBIT A

SCOPE OF WORK

PARKS PEST CONTROL
, PROJECT NO. OM-26-033

DESCRIPTION
Contractor shall provide at their own risk, all labor, materials, supervision, insecticides, tools, equipment, insurance, permits, licenses, storage, transportation, disposal, and proper protection necessary to accomplish effective pest control, and use the most mod ern and professional pest procedures according to industry practices and the Department of Pesticide Regulation/Structural Pest Control Board of California. Contractor shall properly remove and dispose of any insects, dead rodents , and/or rodent feces. Contractor shall use all caution necessary to prevent humans, domestic pets, and non-targeted animals from being harmed by Contractor's methods to control pest activity.

PEST CONTROL SERVI
CES
Contractor shall treat and service the areas listed on Attachment A to reduce rodent activity to a level that eliminates visible burrows, safety hazards, and active infestation as determined by the City, including no holes or safety hazards in the park . Contractor shall fill all holes and trenches caused by rodents to level grade using suitable material to prevent recurrence or settlement. Special attention shall be given to areas along the pedestrian pathways, at the base of all trees in the parks, and in the baseball fields (infield and outfield).

Services will b
e provided at each location biweekly. During each service, the contractor shall police the area and collect and dispose of rodent carcasses in an appropriate manner. All control measures shall be placed in locations not accessible to people, pets , or non-targeted wildlife. All work shall comply with all applicable State of California and City of Stockton safety and health requirements.

Contractor will prov
ide the Project Manager a monthly schedule showing the day each location will be serviced, along with a schedule of services to be performed at each location . The schedule shall be provided, at minimum, one week (5 business days) before any service to allow the Project Manager sufficient time to coordinate with designated staff for entry of any locked outdoor locations. Each park shall be serviced biweekly , unless noted otherwise. A sample schedule shall be submitted with the proposal.

The Contractor must perform a thorough inspection during routine services. Contractor shall provide the Project Manager with an electronic copy of the service report within one week (5 business days) of service, in order to report any issues that may be addressed by the City prior to the next scheduled service. A sample service report shall be submitted with Contractor proposal. The Service Report should include:
• Park Name and Addres
s
• Date and Time of Service
• Name of Service Technician who provided the service
• Completed Checklist which summarizes the results of inspections in terms of sanitation, structure, storage practices, etc. observed by the Service Technician • Chemicals Used
• Comments and Recommendations

ATTACHMENT A

EXHIBIT A
The Contractor shall make as many service calls as necessary to achieve satisfactory control and mitigation of pest activity. Emergency service requests that fall within the scope of the biweekly service shall be responded to within 24 hours at no additional charge. Emergency service requests outside the scope of the biweekly service—including, but not limited to, active rodent hazards in high-use areas, playgrounds, or reports of aggressive or diseased animals— shall be responded to within 24 hours at the Contractor’s hourly rate.

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

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

INTEGRATED PEST MANAGEMENT (IPM) POLICY
The Contractor shall submit a copy of the company's IPM policy along with the proposal. Should the company not have a current I PM policy, the Contractor must establish an IPM policy and submit it along with the proposal. The Contractor selected to provide pest control services to the City shall implement the IPM policy by the service start date.

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

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

Contractor is solely responsible for any damage or injury due to Contractor 's application or misapplication of insecticides and pesticides, including costs of remediation, cleanup, medical expenses, or regulatory fines resulting from Contractor’s actions or omissions.

HAZARDOUS CONDITIONS
Contractor is required to notify the City Project Manager immediately of any hazardous conditions and/or damage to City property verbally, followed by written notification within 24 hours of verbal communication. Contractor shall not dispose of any excess pesticide containers or any other materials contaminated by pesticides at any City location or City -owned refuse bin. No pest control materials or equipment shall be stored or kept at any facility when the operator is not working.

EXHIBIT A

ATTACHMENT A

EXTRA WORK
The City may request the Contractor to perform extra work. One- time or non- recurring extra work shall be paid on a time and materials basis, subject to prior written approval by the City’s Project Manager. Should additional City parks, public open spaces, or street landscaping areas be added to the contract for recurring pest control services, the cost of such services shall be based on the Contractor’s average regular biweekly cost per acre, as set forth in the Contractor’s proposal. Acreage shall be determined by the City. The City reserves the right to adjust pricing when site conditions, accessibility, or service intensity differ materially from those at existing locations.

All proposals for additional work must be approved by the City’s designated Project Manager.

One-time, non-recurring services requested by the City that do not add new locations or alter the frequency of service may be authorized by the Project Manager without a Contract Change Order.

Services that add new locations, extend service to additional facilities, or require ongoing or increased service frequency shall be processed as a Contract Change Order and must be signed by the City Manager. No work shall be performed until a fully executed Contract Change Order is received.

LOCATI

ONS AND FREQUE
NCIES
A full list of service locations and frequencies of service to each is included as Attachment A, Service Locations. The City of Stockton reserves the right to add, modify, or cancel services at existing locations without Contractor approval. Such changes will be communicated in writing by the Public Works Director or their authorized representative. In addition, modification or removal of services at a city location will be authorized by a Contract Change Order, signed by the City Manager.

INVOICIN
G
Contractor will promptly submit one (1) monthly itemized invoice, no later than fifteen (15) days after the end of the reporting month. All invoices should reference the purchase order and contract numbers, which will be provided by the Project Manager prior to the start of service.

The Contractor shall customize invoices at the request of the City. A sample invoice shall be submitted with Contractor proposal.

EXHIBIT A

ATTACHMENT A

PARKS PEST CONTROL PROJECT NO. OM-26-033

COST PROPOSAL SHEET

PARK NAME PARK ADDRESS
MONTHS

PER YEAR
OF

SERVICE
# OF SERVICES

PER YEAR

MONTHLY COST
Annual cost divided into
equal monthly billing

ANNUAL COST
1 Baxter Park 10410 Muir Woods Avenue 12 26 $150.00 $1,800.00 2 Brooking Park 4500 Nugget Avenue 12 26 $150.00 $1,800.00 3 Dentoni Park 1430 Royal Oaks Drive 12 26 $150.00 $1,800.00 4 Equinoa Park 9499 Glacier Point Drive 12 26 $175.00 $2,100.00 5 Faklis Park 5250 Consumnes 12 26 $150.00 $1,800.00
6 Gibbons Park 1825 W. Hammer Lane 12 26 $175.00 $2,100.00 7 Harrell Park 2244 S. Lincoln Street 12 26 $150.00 $1,800.00 8 Holmes Park 1718 Ralph Drive 12 26 $175.00 $2,100.00
9 Lafayette Park 825 South Hunter Street 12 26 $172.00 $2,064.00 10 Laughlin Park 2733 Estate Drive 12 26 $172.00 $2,064.00 11 Louis Park 3121 Monte Diablo Avenue 12 26 $300.00 $3,600.00 12 McKinley Park 424 E. Ninth Street 12 26 $400.00 $4,800.00 13 Misasi Park 9820 Ronald E. McNair Way 12 26 $175.00 $2,100.00 15 Oak Park 501 East Alpine Avenue 12 26 $400.00 $4,800.00 16 Panella Park 5758 Lorraine Avenue 12 26 $175.00 $2,100.00 17 Paul E. Weston Park 3641 EWS Woods Boulevard 12 26 $200.00 $2,400.00 18 Peterson Park 2429 S. Union Street 12 26 $172.00 $2,064.00 19 Pitts Park 510 Villa Point Drive 12 26 $172.00 $2,064.00 20 S.L. Fong Park 2525 Blossom Circle 12 26 $150.00 $1,800.00 21 Sandman Park 8801 Don Avenue 12 26 $150.00 $1,800.00 22 Shropshire Park 4120 Pock Lane 12 26 $150.00 $1,800.00 23 Smith Park 2608 William Moss Boulevard 12 26 $150.00 $1,800.00 24 Sousa Park 2829 Yosemite Avenue 12 26 $172.00 $2,064.00 14 Stockton Soccer Complex 10555 N SR 99 W Frontage 12 26 $330.00 $3,960.00 25 Swenson Park 6803 Alexandria Place 12 26 $172.00 $2,064.00 26 Unity Park 5525 Rayanna Drive 12 26 $150.00 $1,800.00 27 Van Buskirk Park 734 Houston Avenue 12 26 $172.00 $2,064.00 28 Weston Ranch Streetscaping and
PG&E Easement/Greenbelt: See Attachment B 12 26 $400.00 $4,800.00 29 William Long Park 949 Henry Long Boulevard 12 26 $172.00 $2,064.00 ANNUAL TOTAL FOR SERVICES $69,372.00
As Needed Services Pricing
Description Unit Estimated
Hrs.

Regular Hourly
Rate
Emergency / On-Call Pest Control
Services Per Hour 66 $85.00 Total as Needed
Services $5,610.00
$74,982.00

ANNUAL TOTAL FOR SERVICES

TOTAL ANNUAL AMOUNT

ATTACHMENT A

EXHIBIT B
Exhibit C:

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

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

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

4. Contractors Pollution Liability applicable to the work being performed, with a limit no less than $1,000,000 per claim or occurrence and $1,000,000 aggregate per policy period of one year.

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

EXHIBIT C

ATTACHMENT A

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

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

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

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

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

The W
orkers’ 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

EXHIBIT C

ATTACHMENT A

S
elf-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 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
C
ontractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause 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.

C
ertificate Holder Address

EXHIBIT C

ATTACHMENT A

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

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

EXHIBIT C

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

ATTACHMENT A

EXHIBIT D
Subject:

CITY OF STOCKTON, CALIFORNIA

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

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

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

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

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

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

EXHIBIT D

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)

ATTACHMENT A

EXHIBIT D
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

ATTACHMENT A

EXHIBIT D
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 D

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

ATTACHMENT A

EXHIBIT D
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

ATTACHMENT A

EXHIBIT D
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.

ATTACHMENT A

EXHIBIT D
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

ATTACHMENT A

EXHIBIT D
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

ATTACHMENT A

EXHIBIT D
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

ATTACHMENT A

EXHIBIT D
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)

ATTACHMENT A

EXHIBIT D

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

ATTACHMENT A

EXHIBIT D

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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ATTACHMENT A

EXHIBIT D