(e) The rights of the City as set forth in section 2 -206 of the Employer -Employee Relations Ordinance, (Stockton Municipal Code, §§ 2 -200, et seq. ) are incorporated herein by reference.
Attachment A
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TERM: JULY 1, 20232026 – JUNE 30, 20262029
CITY OF STOCKTON 47
IN WITNESS WHEREOF, this Memorandum of Understanding was ratified by a membership vote of the Association on _____________, and by an affirmative vote of the Stockton City Council on _____________. The parties hereto have executed this Memorandum of Understanding this _________ day of ________.
TRADES AND MAINTENANCE UNIT
Approved as to form:
CITY OF STOCKTON
Operating Engineers’ Local No. 3
By: _______________________
MICHAEL DEANDA
Business Representative
APPROVED AS TO FORM:
By: _______________________
HARRY BLACKJOHNNY FORD
City Manager
By: _______________________
ROSEMARY RIVAS MARIE GUILLORY -
JONES
Interim Director of Human Resources
By: _______________________
CHARLES SAKAICHE JOHNSON
Negotiator for the City
Approved as to form:
Lori Asuncion, City Attorney
By: _______________________
TARYN JONESDONALD A. LARKIN
Deputy Interim City Attorney
ATTEST:
CITY CLERK
______________________________
ELIZA GARZAKATHERINE ROLAND
City Clerk
Attachment A
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CITY OF STOCKTON 0
Appendix A. Salary Schedule Effective September 20, 2026 Title Group 1 2 3 4 5 6 7 8 9
Auto Painter Repair
Worker T&M - B $69,959 $73,554 $77,334 $81,310 $85,489 $87,626 $89,817 $92,062 Craft Maintenance
Worker I T&M - B $52,878 $55,596 $58,454 $61,458 $64,617 $66,233 $67,888 $69,586 Craft Maintenance
Worker II T&M - B $64,838 $68,171 $71,674 $75,359 $79,232 $81,213 $83,244 $85,325 Dispatcher T&M - B $51,692 $54,349 $57,142 $60,080 $63,168 $64,747 $66,365 $68,025 Electrician I T&M - B $59,737 $62,808 $66,036 $69,431 $72,999 $74,824 $76,695 $78,612 Electrician II T&M - B $82,193 $86,418 $90,859 $95,530 $100,440 $102,951 $105,525 $108,163 Equipment Service
Worker T&M - B $54,540 $57,344 $60,291 $63,390 $66,648 $68,314 $70,022 $71,773 Facilities Maintenance
Worker I T&M - B $42,847 $45,049 $47,365 $49,799 $52,359 $55,050 $59,328 $60,811 $62,331 Facilities Maintenance
Worker II T&M - B $51,348 $53,988 $56,763 $59,680 $62,748 $64,317 $65,925 $67,573 Facilities Maintenance
Worker III T&M - B $56,618 $59,529 $62,588 $65,805 $69,187 $70,916 $72,689 $74,507 Facility Aide T&M - B $38,582 $40,565 $42,651 $44,843 $47,148 $49,571 $53,423 $54,758 $56,127 Fleet Equipment Parts
Assistant T&M - B $54,361 $57,155 $60,093 $63,182 $66,430 $68,090 $69,793 $71,537 Graffiti Abatement
Technician T&M - B $58,697 $61,714 $64,886 $68,221 $71,728 $75,401 $81,273 $83,305 $85,387 Heating, Ventilation & Air
Conditioning Mechanic T&M - B $75,727 $79,620 $83,712 $88,015 $92,539 $94,853 $97,224 $99,655 Industrial Electrical
Apprentice T&M - B $58,059 $61,043 $64,181 $67,479 $69,166 $70,895 $72,668 Attachment A
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CITY OF STOCKTON 1
Title Group 1 2 3 4 5 6 7 8 9
Instrument Repair
Technician T&M - B $74,487 $78,315 $82,340 $86,573 $91,023 $93,298 $95,631 $98,021 Janitor T&M - B $45,500 $47,838 $50,297 $52,882 $55,601 $56,991 $58,416 $59,876 Landfill Scale Operator T&M - B $49,723 $52,278 $54,966 $57,791 $60,761 $62,280 $63,837 $65,433 Maintenance Repair
Technician I T&M - B $52,423 $55,118 $57,950 $60,929 $64,061 $67,354 $72,586 $74,401 $76,261 Maintenance Repair
Technician II T&M - B $58,697 $61,714 $64,886 $68,221 $71,728 $75,401 $81,273 $83,305 $85,387 Maintenance Worker I T&M - B $41,784 $43,932 $46,190 $48,564 $51,060 $53,685 $57,855 $59,301 $60,784 Maintenance Worker II T&M - B $49,723 $52,278 $54,966 $57,791 $60,761 $62,280 $63,837 $65,433 Materials Specialist T&M - B $52,801 $55,515 $58,369 $61,369 $64,524 $66,137 $67,790 $69,485 Mechanic I T&M - B $62,639 $65,858 $69,243 $72,803 $76,545 $78,458 $80,420 $82,430 Mechanic II (Heavy) T&M - B $72,082 $75,787 $79,683 $83,778 $88,084 $90,286 $92,543 $94,857 Mechanic II (Light) T&M - B $72,082 $75,787 $79,683 $83,778 $88,084 $90,286 $92,543 $94,857 Mechanic III (Heavy) T&M - B $79,496 $83,581 $87,877 $92,394 $97,143 $99,572 $102,061 $104,612 Mechanic III (Light) T&M - B $79,496 $83,581 $87,877 $92,394 $97,143 $99,572 $102,061 $104,612 Mechanical Maintenance
Apprentice T&M - B $57,553 $60,512 $63,622 $66,893 $68,565 $70,279 $72,036 Mechanical Maintenance
Worker I T&M - B $60,431 $63,537 $66,804 $70,236 $73,842 $75,688 $77,580 $79,520 Mechanical Maintenance
Worker II T&M - B $66,775 $70,208 $73,816 $77,610 $81,600 $83,640 $85,731 $87,874 Attachment A
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CITY OF STOCKTON 2
Title Group 1 2 3 4 5 6 7 8 9
Medium Equipment
Operator T&M - B $57,710 $60,676 $63,795 $67,074 $70,522 $72,285 $74,092 $75,944 Park Aide T&M - B $36,624 $38,466 $40,373 $42,389 $44,513 $45,625 $46,766 $47,935 Parks Equipment
Operator T&M - B $54,253 $57,041 $59,973 $63,056 $66,297 $67,955 $69,654 $71,395 Plant Operator
Apprentice T&M - B $59,431 $62,487 $65,698 $69,075 $72,625 $74,441 $76,302 $78,209 Public Works Heavy
Equipment Operator T&M - B $71,183 $74,842 $78,689 $82,733 $86,986 $89,161 $91,390 $93,674 Public Works
Maintenance Worker I T&M - B $48,568 $51,064 $53,689 $56,448 $59,350 $62,400 $67,248 $68,929 $70,652 Public Works
Maintenance Worker II T&M - B $59,725 $62,794 $66,022 $69,416 $72,983 $74,808 $76,678 $78,595 Public Works
Safety/Training Officer T&M - B $71,183 $74,842 $78,689 $82,733 $86,986 $89,161 $91,390 $93,674 Senior Electrician T&M - B $90,372 $95,017 $99,901 $105,035 $110,434 $113,195 $116,025 $118,925 Senior Facilities
Maintenance Worker T&M - B $63,449 $66,710 $70,139 $73,744 $77,534 $79,473 $81,459 $83,496 Senior Graffiti
Abatement Technician T&M - B $75,049 $78,907 $82,963 $87,227 $91,710 $94,003 $96,353 $98,762 Senior Instrument Repair
Technician T&M - B $81,899 $86,108 $90,534 $95,188 $100,080 $102,582 $105,147 $107,775 Senior Janitor T&M - B $50,169 $52,749 $55,459 $58,310 $61,307 $62,839 $64,410 $66,020 Senior Maintenance
Repair Technician T&M - B $71,183 $74,842 $78,689 $82,733 $86,986 $89,161 $91,390 $93,674 Senior Mechanic T&M - B $77,920 $81,925 $86,136 $90,563 $95,219 $97,599 $100,039 $102,540 Senior Mechanical
Maintenance Worker T&M - B $73,882 $77,680 $81,672 $85,871 $90,285 $92,542 $94,855 $97,227 Attachment A
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Title Group 1 2 3 4 5 6 7 8 9
Senior Parks Worker I T&M - B $54,958 $57,783 $60,753 $63,875 $67,159 $68,838 $70,559 $72,323 Senior Parks Worker II T&M - B $57,841 $60,813 $63,940 $67,226 $70,682 $72,449 $74,260 $76,117 Senior Traffic Signal
Electrician T&M - B $89,906 $94,527 $99,386 $104,494 $109,865 $112,612 $115,427 $118,313 Senior Tree Surgeon T&M - B $66,332 $69,741 $73,326 $77,095 $81,058 $83,084 $85,161 $87,290 Service Writer T&M - B $53,528 $56,280 $59,173 $62,214 $65,412 $67,047 $68,723 $70,441 Solid Waste Inspector T&M - B $66,250 $69,655 $73,235 $76,999 $80,957 $82,981 $85,056 $87,182 Stage Maintenance
Worker T&M - B $58,060 $61,044 $64,182 $67,481 $70,949 $72,723 $74,541 $76,404 Traffic Signal Electrician T&M - B $77,996 $82,006 $86,221 $90,653 $95,312 $97,695 $100,137 $102,641 Traffic Signal Electrician
Trainee T&M - B $58,594 $61,606 $64,772 $68,101 $71,601 $75,283 $81,131 $83,159 $85,238 Tree Surgeon T&M - B $60,019 $63,104 $66,347 $69,758 $73,343 $75,177 $77,056 $78,982 Tree Worker T&M - B $48,005 $50,473 $53,067 $55,795 $58,663 $61,678 $66,470 $68,132 $69,835 Welder/Fabricator T&M - B $64,884 $68,219 $71,725 $75,412 $79,289 $81,271 $83,302 $85,385 Welder/Fabricator
Specialist T&M - B $75,303 $79,173 $83,243 $87,522 $92,020 $94,321 $96,679 $99,096 Attachment A
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Appendix B. Rates of Pay
Base Rate of Pay: The employees’ Base Rate of Pay is their step as listed on the salary schedule for their classification.
Straight Time Rate of Pay: The employees ’ Straight Time Rate of Pay includes the employee’s base rate of pay plus all percentage based add pays.
Regular Rate of Pay: The employees’ Regular Rate of Pay as defined by the Fair Labor Standards Act (FLSA).
Attachment A
336
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF STOCKTON AND THE TRADES AND MAINTENANCE UNIT
AND AUTHORIZING ITS IMPLEMENTATION
The City’s negotiating team met and conferred with officials of the Trades and Maintenance Unit and reached an agreement for a successor Memorandum of Understanding. On September 8, 2026, the Trades and Maintenance Unit ratified the agreement by a majority vote of their members; and
The City of Stockton and the Trades and Maintenance Unit have in good faith completed their meet and confer obligations regarding their successor Memorandum of Understanding. Human Resources and the Admin istrative Services Department have conducted a comprehensive review of the existing Memorandum of Understanding and have recommended revisions to salary and administrative provisions; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The Memorandum of Understanding between the City of Stockton and the Trades and Maintenance Unit is attached hereto as Exhibit 1 and made part hereof by this reference, is hereby approved, and adopted.
2. The City Manager is hereby authorized and directed to execute the Trades and Maintenance Unit Memorandum of Understanding to be effective July 1, 2026.
3. The City Manager is hereby authorized and directed to increase expenditure appropriations in the annual budget for Fiscal Year 20 26-27, as necessary to carry out the intent of the agreement as shown in Exhibit 2.
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4. The City Manager and the Interim Director of Human Resources are authorized to take whatever actions are appropriate and necessary to carry out the purpose and intent of this Resolution.
PASSED, APPROVED and ADOPTED September 15, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE D. ROLAND, CMC, CPMC
City Clerk of the City of Stockton
338
CITY OF STOCKTON
MEMORANDUM OF UNDERSTANDING
TRADES AND MAINTENANCE UNIT
Operating Engineers' Local 3, AFL-CIO and representatives of the City of Stockton have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of employees in the representation unit identified in section 1, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees.
This Memorandum of Understanding (MOU) is entered into pursuant to the Meyer s- Milias-Brown Act (Government Code sections 3500-3510) and has been jointly prepared by the parties.
This MOU shall be presented to the Stockton City Council as the joint recommendations of the undersigned for salary and benefit adjustments for the period commencing July 1, 2026 and ending June 30, 2029.
EXHIBIT 1
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CITY OF STOCKTON
TABLE OF CONTENTS
Section 1. Recognition ................................ ................................ ................................ .............. 1 Section 2. Union Rights ................................ ................................ ................................ ............. 1 Section 3. Probation ................................ ................................ ................................ .................. 4 Section 4. Layoff ................................ ................................ ................................ ....................... 5 Section 5. Reemployment ................................ ................................ ................................ ......... 8 Section 6. Discipline ................................ ................................ ................................ .................. 8 Section 7. Grievance Procedures ................................ ................................ .............................. 9 Section 8. Leaves ................................ ................................ ................................ ....................12 Section 9. Days and Hours of Work ................................ ................................ .........................19 Section 10. Overtime ................................ ................................ ................................ ................21 Section 11. Holidays ................................ ................................ ................................ ................23 Section 12. Compensation and Allowance Other Than Base Salary ................................ ........25 Section 13. Insurance Plans and Retirement Benefits ................................ .............................. 27 Section 14. Salaries ................................ ................................ ................................ .................31 Section 15. Severability of Provisions ................................ ................................ ......................36 Section 16. Past Practices and Existing Memoranda of Understanding ................................ ...36 Section 17. Scope of Agreement ................................ ................................ .............................. 37 Section 18. Duration of Agreement ................................ ................................ ..........................37 Section 19. Maintenance of Operations/City Rights ................................ ................................ .37 Appendix A. Salary Schedule Effective September 20, 2026 ................................ ....................39 Appendix B. Rates of Pay ................................ ................................ ................................ .........43
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Section 1. Recognition
Operating Engineers' Local 3, AFL -CIO, hereinafter referred to as the "Union," is the recognized employee organization for the Trades and Maintenance Unit (T&M), certified pursuant to the Employer-Employee Relations Ordinance (Stockton Municipal Code §§ 2- 200, et seq.).
Section 2. Union Rights
2.1 Union Membership Dues and Payroll Deductions
(a) The City will deduct the monthly Union membership dues, initiation fees, general assessments and payments for membership benefits programs sponsored by the Union from the salary or wages of all employees who voluntarily authorize such deductions, and pay such amounts to the Union.
1. All employee requests to cancel or change membership dues deductions shall be directed to the Union.
2. The City shall rely upon written notification from the Union for any and all employee requests to cancel or change payroll deductions for membership dues.
3. The Union is responsible to obtain and maintain voluntary written authorization for membership dues deductions.
4. Membership dues deductions shall automatically renew unless written notice is provided by the authorized representative of the Union certifying a change in membership dues.
5. The City shall honor any changes to membership dues deduction amounts provided by the Union.
6. The Union is not required to provide a copy of individual employee authorizations to the City unless a dispute arises about the existence or terms of the authorization.
7. Deduction notification will be provided to [email protected]
8. Changes, and/or cancellations, received by the City prior to the 15 th of the month will be processed no later than the first pay period of the second month.
(b) Hold Harmless Provision
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The Union shall indemnify, defend, and hold the City harmless against any claims made and/or any suit against the City which may arise as a result of its deductions for membership dues or other programs sponsored by the Union.
2.2 New Hire Employee Orientation and Information Requirements
(a) The City shall provide the Union i) not less than ten (10) days’ notice in advance of new hire employee orientation, and ii) within thirty (30) days of hire or by the first pay period of the month following hire a list containing the following information on file from the City’s Human Resources database system :
1. Name;
2. Job title;
3. Department;
4. Work location;
5. Personal cellular telephone numbers, including work and home;
6. Personal email addresses as provided by new hire employee; and
7. Home address.
The above information shall be updated and provided to the Union at least every thirty (30) days for all bargaining unit members.
2.3 Use of City Facilities
(a) The Union shall be allowed by the department in which it represents employees' use of space on available bulletin boards for communications having to do with official Union business, such as times and places of meetings, provided such use does not interfe re with the needs of the department. The Union may submit to the City Employee Relations Officer written communications having to do with official Union business for distribution by the City to identified Union shop stewards. Distribution may be made by e-mail.
(b) Any representative of the Union shall give notice to the department head or designated representative when contacting department employees on City facilities during the duty period of the employees, provided that solicitation for membership or other inter nal Union business shall be conducted during the EXHIBIT 1
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non-duty hours of all employees concerned. Pre -arrangement for routine contact may be made with individual department heads and when made shall continue until revoked by the department head.
(c) City buildings and other facilities may be made available for use by City Employees of the Union or their representatives in accordance with such administrative procedures as may be established by the City Manager or depart - ment heads concerned.
2.4 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Union if affected by any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall be given the opportunity to negotiate if requested with the designated management representatives prior to adoption. The Union shall have fourteen (14) days to request a meet and confer. If the Union fails to request a meet and confer within this time period, it shall be deemed to have waived its right to meet and confer.
In cases of emergency when the foregoing procedure is not practical or in the best public interest, the City may adopt or put into practice immediately such measures as are required. At the earliest practicable date thereafter , the Union shall be provided with the notice described above and be given an opportunity, if requested, to negotiate changes to said notice with the management representatives designated by the City Manager.
2.5 Attendance at Meetings by Employees
Employees who are official representatives or unit representatives of the Union shall be given reasonable time off with pay to attend meetings with City management representatives, or be where matters within the scope of representation or grievances are being consi dered. Such employee representatives shall submit a request for excused absence to their respective department heads, in a manner satisfactory prior to the scheduled meeting whenever possible. Time spent for these purposes while a representative is not scheduled to work shall not be compensated by the City and shall not be considered as hours worked. Except by mutual agreement the number of the employees excused for such purposes shall not exceed three (3) per recognized bargaining unit. For MOU negotiation meetings, the number of employees excused for such purposes shall not exceed four (4) per recognized bargaining unit.
T&M Time Bank. Upon request by T&M once per calendar year, each employee EXHIBIT 1
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must contribute up to one (1) hour of vacation time to maintain a bank of time to be used by T&M officers, directors, and members for T&M business that occurs during normal work hours, for which paid release time does not apply. Time bank hours used will not be considered as hours worked. Use of T&M Time Bank must be authorized by a T&M Officer, or T&M director. Members must submit the time off request in advance and receive supervisor approval to attend T&M business that occurs during normal work hours. The total amount of release time in the bank, including any carryover, will at no time exceed five hundred (500) hours. The City’s administration and processing of these contributions will be implemented as soon as administratively possible after ratification of this MOU. This time bank may be used by representatives who attend new hire orientations at the City. The City will provide the Union current time bank balance in February and Aug ust of each calendar year.
2.6 Maintenance of Membership
All employees in the T&M unit who are members of the Union, tendering periodic dues at the execution of this agreement, and all employees who thereafter become members of the Union shall, as a condition of employment, pay dues to the Union for the duration of this MOU , and each year thereafter. For a period of thirty (30) days prior to January 1, 1989, and thirty (30) days prior to any January 1, thereafter, any employee in the aforementioned unit who is a member of the Union shall have the right to withdraw from the U nion discontinuing dues payments and retain employment in the City . Said withdrawal shall be communicated by the employee in writing to the City. The provisions of this section shall be operative only to the extent that they are permissible under California law.
2.7 Contract Ratification
Ratification votes for Contract will be handled on City time during the day.
Section 3. Probation
3.1 Purpose
The probationary period shall be utilized for closely observing the employee's work, for securing the most effective adjustment of a new employee to a position, and for rejecting any probationary employee whose performance does not meet the required standards of work.
3.2 Original Entrance and Promotional Positions
All original appointments shall be tentative and subject to a probationary period of EXHIBIT 1
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one (1) year with a review completed after six ( 6) months from original appointment. Promotional appointments shall be subject to a probationary period of six ( 6) months. The probationary period for original and promotional appointments will not be extended.
3.3 Retention/Rejection of Probationer
At the end of the probationary period, if the service of the probationary employee has been satisfactory to the appointing authority, the appointing authority shall file with the Director of Human Resources a statement in writing to such effect and stating that the retention of such employee in the service is desired. The City will make a good faith effort to notify a probationary employee two (2) weeks before the end of the probationary period whether or no t regular status is granted; however, a failure on the part of the appointing authority to file such a statement at the end of the probationary period shall not constitute a rejection of the probationer as defined in Civil Service Rules.
During the probationary period an employee may be rejected at any time by the appointing authority. Any employee rejected during the probationary period following a promotional appointment, shall be reinstated to the position from which promoted unless charges are filed and the employee is discharged in the manner provided in section 6 of this MOU and in the Civil Service Ordinance and Civil Service Rules, which are consistent therewith.
3.4 Alcohol and Drug Testing.
All employees hired into original and reemployed appointments in safety-sensitive positions identified by the City must pass a drug and alcohol screening prior to being offered City employment. This shall include non -represented part -time, seasonal, provisional, and temporary appointments.
Section 4. Layoff
4.1 Layoff
Any employee may be laid off by an appointing authority in the event of the abolition of the employee's position by the City Council, or if a shortage of work or funds requires a reduction in personnel.
4.2 Layoff Scope
(a) Layoffs shall be within departments of the City.
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(b) Departments of the City are defined as follows:
(1) Administrative Services
(2) City Attorney
(3) City Auditor
(4) City Clerk
(5) City Manager
(6) Community Development
(7) Community Services
(8) Economic Development
(9) Fire
(10) Human Resources
(11) Information Technology
(12) Municipal Utilities
(13) Police
(14) Public Works
4.3 Notice of Layoff
The City will give advance written notice of at least one (1) pay period to employees who will be laid off.
4.4 Precedence by Employment Status
(a) No regular status employees shall be laid off while employees working in an extra help, seasonal, temporary, provisional, or probationary status are retained in the same classification as such regular employee. The order of layoff among employees not having regular status shall be according to the following categories:
(1) Limited term (i.e., part-time, provisional, and temporary) (2) Probationary
Layoffs shall be by job classification according to reverse order of seniority as determined by total service in the City, except as specified above. For the purpose of this procedure part -time classes shall be considered as separate from regular full-time classes.
The following provisions shall apply in computing total continuous service:
(1) Time worked in a regular status or probationary
status shall count as service.
(2) Time spent on military leave shall count as
service in the event the leave was taken
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subsequent to entry.
(3) Time worked in a limited term status (i.e., part -
time, provisional, and temporary) shall not count
as service.
If two (2) or more employees have the same seniority, the order of seniority shall be determined by their respective ranking on the eligibility list for hire.
If two (2) or more employees have the same seniority but were not hired from a ranked eligibility list, the order of seniority shall be determined by lot.
If two (2) or more employees have the same seniority, but were hired from separate ranked eligibility lists, the order of seniority shall be determined by lot.
(b) Any employee in the T&M Unit who is laid off may complete a City employment application for any position currently staffed by a part time, provisional, or temporary employee. The Human Resources Department will evaluate the employment application. If the laid off employee meets the minimum qualifications of that position, they shall have the option of displacing the part time, provisional, or temporary employee.
4.5 Employee Options
Employees laid off shall have any of the following choices:
(a) Displacing the employee in the same department and in the same or clearly comparable classification as determined by the Director of Human Resources as having the least (total service) seniority. This option shall be exercised before any other option.
(b) Taking a voluntary demotion within the department to a classification in which the employee had prior regular status, thus displacing the employee working in the classification who has the least (total service) seniority.
4.6 Health and Welfare Benefits during Layoff
Regular status employees who are laid off will have an option of maintaining their existing health and welfare benefits for thirty -six (36) months from the date of layoff, provided timely payments of the premiums by the employee are made to the City, according to City regulations, and provided the employee otherwise meets the requirements of Federal and State regulations.
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Section 5. Reemployment
(a) The name of each employee who is laid off in accordance with section 4 shall be placed at the head of the eligibility list for the class of positions which that employee held, and shall be given preference in filling vacancies in that class.
(b) An employee laid off in accordance with this section shall be placed on the eligibility list or lists for any lower or comparable class or classes in the same department, provided that the appointing authority and the department head in charge of this lower or comparable class determine that the employee is competent to perform the duties thereof in strict accordance with the class specifications. This right of a laid off employee shall remain effective for two (2) years from the date of latest separation from the service. The employee shall not be pl aced on said eligibility list or lists without first submitting a written request. Employee's place on said list or lists shall be at the head of the eligibility list for the class of positions for which qualified as hereinabove set forth and shall be giv en preference in filling vacancies except for those persons placed on said list or lists of re-employment in the same positions previously held. An employee who waives reemployment to a full time position three (3) times shall have their name removed from this reemployment list unless mutually agreed to by the Department and employee.
Upon certification for appointment to a new position never having been held by this employee, the probationary period must be completed as required in this MOU.
Section 6. Discipline
Disciplinary action, including discharge, suspension, reduction in pay or demotion, may be taken against any employee for cause.
6.1 Pre-disciplinary Rights
An employee facing potential disciplinary action will be entitled to the following pre- disciplinary rights:
(a) Notice of proposed discipline.
(b) Date(s) proposed discipline will be effective.
(c) Reasons for the proposed discipline, the specific grounds and particular facts upon which the action is taken.
(d) Ten (10) calendar days in which an employee or the representative may respond either orally or in writing to the department head.
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(e) The employee must be provided with any written materials, reports and documents upon which the action is based.
6.2 Administrative Leave
The City may place an employee on administrative leave pending the completion of the pre-disciplinary process.
6.3 Provisions
The appointing authority may discharge, suspend or demote any employee in the classified service provided the Stockton Municipal Code provisions and the rules and regulations of the Civil Service Commission and any applicable provisions of law are followed . Such provisions allow the employee suspended, demoted or discharged to appeal such action. The employee may take only one (1) of the following actions:
(a) File no appeal.
(b) File an appeal with the Civil Service Commission within ten (10) calendar days of written notification of the action. (Such filing will foreclose use of the grievance procedure.)
(c) File a grievance as provided for in section 7 within ten (10) calendar days of written notification of the action.
If the employee fails to do (b) or (c) above within the prescribed time frames, these rights will have been waived.
Section 7. Grievance Procedures
7.1 Definition
A grievance is any dispute which involves the interpretation or application of those rules, regulations and resolutions which have been, or may hereafter be, adopted by the City Council to govern personnel practices and working conditions, including such rules, regulations and resolutions as may be adopted by either the City Council or the Civil Service Commission to affect Memoranda of Understanding which result from the meeting and conferring process. Day – shall mean day(s) in which the City’s Human Resources Office is open for business.
7.2 Filing Deadline
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(a) No grievance involving demotion, suspension, discharge or other employment penalty will be entertained unless it is filed in writing with the Director of Human Resources within ten (10) working days of the time at which the affected employee received written notification of such action. All other grievances must be filed within thirty (30) working days from the time the employee knew or had reason to know of the facts giving rise to the grievance.
(b) With written consent of the City Manager or their designee and the Union Business Agent or their designee, time limits may be extended and/or Steps 1, 2 and/or 3 of the Grievance Procedure waived.
7.3 Grievance Processing
(a) Step 1 - Departmental Review. Any employee claiming to have a grievance may discuss the complaint with such management official in the department where employed as the department head may designate. If the issue is not resolved within the department within twenty (20) working days from the day of presentation or if the employee elects to submit the grievance directly to the Union recognized as the representative of that employee's classification, or if the employee/Union official notifies the Director of Human Resources, in writing, that a grievance exists, the procedure hereinafter specified may be invoked. An email will suffice as a formal submission of a Step one (1) Grievance . The Union agrees to state in the subject line of the email “Grievance.”
(b) Step 2 - Director of Human Resources Review. If the employee is not satisfied with the response at Step one (1), then the employee may appeal the grievance to the Director of Human Resources within twenty (20) working days of the receipt of written response at Step one (1). Such appeal must state with particularity: 1) the specific policy, rule or provision which is alleged to have been violated; 2) the statement of facts comprising the violation; and 3) the requested remedy. The Union may file and process grievance(s) on behalf of the specifically named employee. The Director of Human Resources shall have twenty (20) working days to investigate the issues, meet with the complainant, and attempt to reach a satisfactory resolu tion of the problem. No grievance may be processed under the following two (2) paragraphs which has not first been filed and investigated in accordance with this paragraph, except for the resolution of compensation complaints.
(c) Step 3 - Arbitration. If the parties are unable to reach a mutually satisfactory accord on the grievance at Step two (2), within twenty (20) calendar days either the Union or the City may require that the grievance be referred to an impartial arbitrator mutually selected by the parties, or if the parties are unable to mutually agree, from a list of seven (7) arbitrators provided by the State Conciliation Service.
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The arbitrator shall be chosen by the alternative strike method, with first choice being determined by lot. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by both parties. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.
(d) Effect of Decision. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto except as provided otherwise herein.
7.4 Scope of Arbitration
(a) No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union and unless such dispute falls within the defini tion of a grievance as set forth in paragraph 8.1.
(b) Proposals to add to or change this MOU or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this MOU, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator selected pursuant to this Section shall have the power to amend or modify this MOU or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.
(c) No changes in this MOU or interpretations thereof (except interpretations resulting from arbitration proceedings hereunder) will be recognized unless agreed to by the Director of Human Resources and the Union.
7.5 Other Provisions
If the Director of Human Resources or City Manager, in pursuance of the procedures outlined above, resolve a grievance which involve s suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had cause to take the action complai ned of, the arbitrator may not substitute his judgment for the judgment of management and if the findings are that the City had such right, the arbitrator may not order reinstatement and may not assess any penalty upon the City.
Complaints which allege the employee is not being compensated in accordance with the provisions of this MOU shall be considered as grievances and processed pursuant to Section 7.3. Any other matters of compensation are to be resolved in EXHIBIT 1
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the meeting and conferring process and if not detailed in the MOU which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next open for such decision. No adjustment shall be retroactive for more than one-hundred and eighty (180) days from the date upon which the complaint was filed.
Specified time limits may be modified only in writing. All appeals and responses must be provided in writing.
A grievant will be provided release time without loss of pay for all required meetings with management. The City cannot discriminate or retaliate in any manner against an employee for filing a grievance or exercising rights under this section.
The provisions of this section shall not abridge any rights to which an employee may be entitled under the Stockton Municipal Code and/or Civil Service Rules and Regulations, nor shall it be administered in a manner which would abrogate any power which, under the Stockton Municipal Code, may be within the sole province and discretion of the Civil Service Commission.
All grievances of employees in units represented by the Union shall be processed under this Section. If the Stockton Municipal Code and/or Civil Service Rules and Regulations requires that a differing option be available to the employee, no action under paragraph (c) of Subsection 7.3 above shall be taken unless it is determined that the employee is not utilizing such option.
No action under paragraph (c) of Subsection 7.3 above shall be taken if action on the complaint or grievance has been taken by the Civil Service Commission or if the complaint or grievance is pending before the Civil Service Commission.
If any award by an arbitrator requires action by the City Council or the Civil Service Commission before it can be placed in effect, the City Manager and the Director of Human Resources will recommend to the City Council or the Civil Service Commission, as appropriate, that it follow such award.
Section 8. Leaves
8.1 Vacation Leaves
(a) Vacation Allowance. Employees accrue vacation leave per pay period with pay in accordance with the following schedules:
Months of Continuous Service Hours Per Pay Period
Less than eighteen (18) 3.08
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Eighteen (18) or more but less than
ninety (90)
4.15 Ninety (90) or more but less than 180 5.54
180 or more but less than 300 7.27
More than 300 Additional .27 hours for each additional
year of completed service in excess of
25 years
(b) Maximum Vacation Accrual. Employees who reach the maximum accrual limits set below shall cease accruing additional vacation hours until their accrued balance falls below the applicable cap.
Maximum Vacation Accrual Caps
40 Hour Employee
Under 1.5 years 120 hours
1.5 – 7.5 years 240 hours
7.5 – 15 years 280 hours
15 – 25 years 320 hours
26 years 328 hours
27 years 336 hours
28 years 344 hours
29 years 352 hours
For every year of service beyond twenty-nine (29), the employee is allowed to add an additional seven (7) hours to the maximum accrual cap.
(c) Vacation Scheduling . Vacation leaves will be scheduled with due consideration for the wishes of the employee and so as to not interfere with the normal operation of the City business.
(d) Holiday during Vacation. If any such paid holidays fall within an employee's vacation leave, the employee will not be charged vacation accrual for that day.
(e) Vacation Sellback.
During the month of December, employees may make an irrevocable election to cash out up to forty (40) hours of vacation leave for the succeeding calendar year.
Employees that cash out a portion of their vacation accrual will be paid on the first check in December of the following calendar year. Payments are subject to all applicable payroll taxes and withholding.
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(f) Vacation Cash out Upon Separation
An eligible employee separating from City service for any reason who has unused vacation time shall be paid for such vacation time up to the effective date of the last day of employment with the City. Payment for unused vacation will be made at the straight time rate of pay. Payment for the unused vacation hours shall be paid post separation date at no later than the second regularly scheduled pay period pay date following separation.
8.2 Sick Leave
(a) Accrual. All regular status full-time employees, except provisional and temporary employees, shall accrue sick leave at the rate of eight (8) hours for each month of completed service.
All regular status employees, except provisional and temporary employees, scheduled to work less than a full month shall accrue sick leave on a prorated basis. Unused sick leave shall accrue from year to year. Employees shall continue to accrue sick leave while off duty on authorized sick leave; provided, however, an employee shall not accrue sick leave during any leave or leaves of absence without pay granted to the employee.
(b) Usage. Employees are entitled to sick leave pay for those days which the employee would normally have worked, to a maximum of the hours accrued, described as:
Preventive medical, dental, optical care, illness, injury, or exposure to contagious disease which incapacitates the employee from performing normal work duties.
This includes disabilities caused or contributed by pregnancy, miscar riage, abortion, childbirth and recovery therefrom.
(c) Family Sick Leave . Employees may utilize up to one -half (1/2) of their annual sick leave accrual in the case of illness or injury in the employee's immediate family when such illness or injury requires personal care that otherwise would not be covered by the Family Medical Leave Act (FMLA) or the California Family Rights Act (CFRA) leaves.
Such leave shall be restricted to the employee's parents, spouse, mother -in-law, father-in-law, child, stepchild, brother, sister, brother -in-law, sister -in-law, grandparent, grandchild, legal depende nt, registered domestic partner , and “designated person .” For purposes of paid sick leave, a “designated person” means a “person identified by the employee at the time the employee requests EXHIBIT 1
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paid sick leave.” An employee may select one (1) person as a “designated person” in a twelve (12) month period.
In special cases, with the approval of the Director of Human Resources, a department head may grant the use of sick leave in other circumstances.
It is not the intent of this provision to conflict with any state or federally mandated policies, such as FMLA, CFRA, or Pregnancy Disability Leave (PDL).
(d) Reporting Procedures for Sick Leave. When the requirement for sick leave is known to the employee in advance of the absence, (for example, included but not limited to scheduled medical, dental or vision appointments), the employee shall request authorization for such sick leave from the de partment head prior to such absence.
If an employee is not able to report due to illness or injury, the employee shall report as soon as possible to the appropriate supervisor, but in no case more than thirty (30) minutes after the start of the work day, except for extenuating circumstances prohibiting giving notice. Each Supervisor will have the authority to identify acceptable forms of sick leave notification and will provide acceptable forms of sick leave notification in writing to employees; however, at all times the employee must contact their direct supervisor directly when not able to report to work. If the employee’s direct supervisor is unavailable, the employee must contact the next-level supervisor.
Failure to notify as soon as possible and in conforming to the thirty (30) minute notification shall be cause for the following informal and formal disciplinary action:
(1) For the first time in a six (6) month period, a Memorandum of Discussion (informal).
(2) For the second time within a six (6) month period, a Letter of Reprimand (formal).
(3) For any subsequent time within a six (6) month period, suspension from work; or at any time four (4) or more
incidents occur within a six (6) month period, the employee may be discharged (formal).
The six (6) month period will be defined as six (6) months from the most recent incident. If no other incident occurs within six (6) months of the most recent incident, the disciplinary data shall be removed from the employee’s official personnel file.
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(e) Verification Procedures
(1) Before being paid for the use of accrued sick leave, the employee shall submit a request for sick leave form, stating the dates and hours of absence and, the type of sick leave being requested such as sick leave for self, family member and/or FMLA.
(2) Doctor's Certificate or Other Proof . The Director of Human Resources may require a doctor’s certificate or other reasonable proof of illness as he/she deems necessary in order for an employee to receive an excused absence from work and sick leave pay. The employee shall be given notice prior to returning to work that he or she will be required to provide such documentation. Employees who have unscheduled absences due to illness on a scheduled work day preceding or following a holiday may be required to bring a doctor’s certificate or other reasonable proof of illness in order to receive an excused absence and sick leave pay. If an employee’s illness results in an absence from work for more than three (3) consecutive days, a doctor’s certificate or other reasonable proof of illness may be required. In addition, the City may m onitor and control the appropriate use of sick leave by employees and if reasonable cause is articulated, can limit use of sick leave and require additional verification.
(3) If the City has a reasonable basis to believe that an employee is abusing the sick leave benefit, the City or the employee's supervisor must first meet with the employee to: 1) explain the reasonable basis for the believed abuse, and 2) discuss the reason s for the employee's absence.
The employee has the right to Union representation at such meeting. After such meeting, and depending on the factual circumstances, the City may:
(a) Place the employee on restricted sick leave for a period of not more than four (4) months, under the direction of the Director of Human Resources pursuant to (e)(2) above;
(b) Suspend the employee without pay for up to five (5) days for abuse of sick leave; or dismissal from employment if a prior suspension involved abuse of sick leave;
(c) Place the employee in an employee assistance
program, if agreed to by the employee.
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that the employee:
(1) Was hospitalized during the period for which sick leave is claimed, or
(2) Received medical treatment or diagnosis and presents a statement indicating disabling illness or injury signed by a physician covering the period for which sick leave is claimed.
(g) Payment for Unused Sick Leave . Effective February 17, 2012, all accumulated or future of Sick leave accruals shall have no cash value upon separation of employment and employees shall not be allowed to cash out unused sick leave except as provided below.
(h) CalPERS Service Credit for Unused Sick Leave. Employees shall be eligible for CalPERS service credit for any unused sick leave at retirement not otherwise compensated for in (i) below. Employees hired on or after December 29, 2012 shall not be eligible for this service credit.
(i) Sick Leave Retention Benefit. If, after subtracting the equivalent of one (1) full year of service credit (2080 hours), which may be applied to CALPERS service credit, any balance remaining upon separation shall be paid as follows to employees who have remained in City service until the dates specified:
(1) Separation prior to July 1, 2014, no payment of unused sick leave at separation shall occur for separating employees before this date;
(2) Separation between July 1, 2014 and June 30, 2015, payment of unused sick leave which the employee held on February 16, 2012, shall be paid at thirty five percent (35%) of its cash value to separating employees between these dates; and
(3) Separation after July 1, 2015, payment of unused sick leave which the employee held on February 16, 2012, shall be paid at fifty (50%) of its cash value to separating employees after this date.
(4) Service credit for unused sick leave shall be in accordance with PERS regulations.
8.3 Other Leaves with Pay
(a) Bereavement Leave . In the event of a death of an immediate family member, the employee will be granted up to five (5) days bereavement leave. The City provides paid bereavement leave for the first three (3) days. The employee EXHIBIT 1
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may use any other paid leave for the remaining two (2) days bereavement leave.
Immediate family is restricted to the employee’s parents, spouse, parent-in-law, child, sibling, brother-in-law, sister -in-law, grandparent, grandparent-in-law, grandchild, and registered domestic partner.
In the event of the death of a person that is not an immediate family member, the employee's department head may grant up to three (3) days of unpaid bereavement leave. The employee must use accumulated sick leave or vacation leave.
(b) Jury Duty Leave
When an employee is summoned to jury duty, they will promptly inform their supervisor and, if required to serve, may be absent from work without loss of wages or use of accrued leave while rendering such service (including travel time). Upon being excused from the court each day, the employee must return to work if they have more than four (4) hours remaining before the end of their workday.
8.4 Workers' Compensation Leave
(a) Workers' Compensation Benefits shall be provided in accordance with State law and schedules whenever an employee is absent from duty because of disability caused by illness or injury arising out of and in the course of employment which has been declared to be compensable under the Work ers' Compensation Law. An employee on Workers’ Compensation may use accrued leave, if needed, to supplement benefits, up to the amount required to receive a full paycheck.
(b) Forms and Procedures . Workers’ compensation processing shall be consistent with City procedures and in accordance with state workers’ compensation regulations. An employee who sustains a work -related injury or illness shall immediately inform their supervisor no matter how minor an on -the- job injury may appear. An employee who sustains a work -related injury or illness is required to seek medical care at facilities designated by the City unless they have filed a pre -designation of personal physician prior to sustaining the work - related injury or illness. For a list of City designated medical care facilities and/or physicians, please contact the Human Resources department.
8.5 Leave of Absence Without Pay
(a) Entitlement. Employees shall not be entitled to a leave of absence without pay as a matter of right, but only upon the determination of the City that the granting of such leave is in the best interest of public service and that there is a presumption the employee intends to return to work upon the expiration of the leave of absence.
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Leave of absence are subject to eligibility in accordance with state and federal guidelines. The granting of a leave of absence provides the employee the right to return to the position vacated.
(b) Approval. All leaves of absence without pay must be recommended by the department head and approved by the Director of Human Resources. No such leave may extend beyond twelve (12) months, except in the case of absence due to job incurred disability where a determination may be made based upon the needs of public service, or in the event an application for service connected disability retirement has been filed.
(c) All leaves without pay must be recommended by the department head and approved by the Director of Human Resources . Leaves of absence approved in accordance with the state and federal guidelines may be taken without pay for illness following the exhaustion of entitlement of sick, vacation, and other accrued leaves hours.
8.6 Absence Without Official Leave (AWOL)
(a) Failure to Report to Duty or Failure to Return after Leave . Failure to report for duty or failure to report for duty after a leave of absence request has been disapproved, revoked, or canceled, or at the expiration of a leave, shall be considered an absence without official leave and shall be subject to discipline.
(b) Voluntary Resignation. Any employee in this bargaining unit absent without official leave for two (2) or more consecutive scheduled days without a satisfactory explanation as approved by the Director of Human Resources shall be deemed to have voluntarily resigned from the City of Stockton. An employee must provide a written statement to the Human Resources Department regarding a "satisfactory explanation", within ten (10) calendar days after the City mails a notice of voluntary resignation to the employee's last known address.
Section 9. Days and Hours of Work
9.1 Workweek
The normal workweek in this unit consists of five (5) consecutive eight (8) hour days or a total of forty (40) hours, generally Monday through Friday in a seven (7) day work period. Where operational requirements of a department require deviations from thi s schedule, the department head with the Director of Human Resources’ approval may institute alternate work schedules as long as the City meets with the Union over the impact of such schedules and conforms to work period requirements of the FLSA.
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9.2 Meal Periods and Rest Periods
(a) Employees shall receive a one (1) hour or one -half (1/2) hour meal period, without pay, each day and a fifteen (15) minute paid rest period during the first half of the work day and a second fifteen (15) minute paid rest period during the second half of the work day. Employees who exceed the time limits prescribed above for lunch and/or rest periods shall have their pay reduced accordingly.
(b) Where operational requirements of a department require deviations from this schedule, meal periods of other durations and alternate rest periods may be instituted with the approval of the department head or designee.
9.3 Reporting to Work
Repeated failure to report to work on time may result in appropriate informal and/or formal discipline as set forth below:
(a) For the first time in a six (6) month period, a Memorandum of Discussion (informal).
(b) For the second time within a six (6) month period, a Letter of Reprimand (formal).
(c) For any subsequent time within a six (6) month period, suspension from work; or at any time four (4) or more incidents occur within a six (6) month period, the employees may be discharged (formal).
If an employee reports to the work site after the designated starting time, the employee will be paid only for time actually worked; however, the employee may be allowed to utilize annual leave for lost pay, provided the employee's supervisor approves.
The six (6) month period will be defined as six (6) months from the most recent incident. If no other incident occurs within six (6) months of the most recent incident, the formal disciplinary action (i.e., letter of reprimand, suspension) shall be removed from the employee’s official personnel file maintained in the Human Resources Department, upon the written request of the employee to and concurrence by the department head and the Director of Human Resources.
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Section 10. Overtime
10.1 Overtime Authorization
All compensable overtime must be authorized by the department head or their designated representative in advance of being worked. If prior authorization is not feasible because of emergency conditions, a confirming authorization must be made on the next regular working day following the date on which the overtime was worked.
10.2 Definition
The following provisions pertaining to authorized statutorily required overtime work shall apply to non FLSA exempt employees:
(a) Statutory overtime shall be paid on time worked in excess of forty (40) hours in any seven (7) day FLSA workweek. Such overtime shall be paid at one and one-half (1 -1/2) times the employee’s regular rate of pay. Observed holidays, floating holidays, jury duty leave, bereavement leave, vacation, and sick leave hours are considered as time worked for overtime calculation purposes.
(b) The City may require mandatory overtime when operational needs exist and if the City dictate s the need to work such overtime. Work in excess of forty (40) hours worked as defined in (a) above in any workweek that qualifies for overtime will be paid or taken as Compensatory Time-off (CTO) in accordance with Section
10.5(b).
(c) Temporary Upgrade Pay. Employees assigned to work overtime in a position or classification other than the position or classification to which they are permanently appointed to, will be paid overtime at the hourly rate attached to the position or classification in which they are performing such overtime work.
10.3 Standby Pay
When warranted and in the interest of City operation, department heads may assign employees to "standby" status.
(a) Application of "standby" shall be as follows:
(1) Each employee assigned to "standby" shall be provided with a communication device while on standby and shall be able to report to the work site within forty -five (45) minutes. Employees assigned to standby shall be required to carry the communication device.
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(2) Employees on standby shall have the option to trade hours of standby status with another qualified employee in the same unit or division with departmental approval.
(3) Standby shall be assigned in a minimum of eight (8) hour blocks, i.e., Monday - Friday work week standby can be eight (8), sixteen (16), twenty-four (24) hour blocks. The block of standby will be to one (1) person per twenty-four 24 hour period.
Standby for weekends i.e., Saturday, Sunday or extended holiday weekends (Friday – Sunday, or Saturday - Monday) will be assigned 8 - 48 hour blocks to one (1) person per weekend (up to seventy- two 72 hours for holiday weekend).
(b) Compensation of "standby" shall be as follows:
(1) Employees assigned to standby duty shall be paid four dollars ($4.00) per hour while assigned to be on standby. An employee shall not continue to receive the “standby” premium during actual time worked, or for any hours paid as overtime or call back . Standby is not considered as time worked for purposes of calculating overtime.
10.4 Call-Back
Employees who are called back to physically return to work from off duty status, shall be compensated for a minimum of two (2) hours and forty -five (45) minutes of pay.
When authorized by the department, employees who are contacted and who provide remote support via telephone, internet, or network connection will be paid for time worked in fifteen (15) minute intervals . Intervals cannot be compounded or overlapped.
To be eligible for call-back pay, both of the following conditions must be met:
(a) The call -back must occur outside of the employee’s regular work hours.
(b) The call-back time worked must not be contiguous to the employee’s regular work hours.
10.5 Compensatory Time Off (CTO)
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(a) Definition. As used in this Section, the term CTO refers to that time which an employee is entitled to be absent from duty with pay for hours worked in addition to or excess of their normal work schedule.
(b) Accrual. For hours worked in excess of forty (40) hours in a seven (7) day work period as defined in section 10.2(a), Compensatory Time may be earned at the rate of time and one -half (1-1/2). No more than eighty (80) hours (forty (40) hours worked at time and one-half (1-1/2) may be carried on the books at any time.
(c) Use. Use of CTO shall be scheduled with due consideration for the wishes of the employee and so as to not interfere with the normal operation of City business. Approval of requests for use of CTO shall be submitted in writing and in advance of use on a day -for-day basis and shall be at the sole discretion of the department head, but once approved, cannot be changed unless an emergency situation arises.
(d) Payment. Once eighty (80) hours of CTO is accrued on the books, all other hours worked in excess of forty (40) hours in a seven (7) day work period will automatically be paid at the employee’s regular rate of pay.
At the end of each calendar year, all CTO will be carried forward (forty (40) hours maximum), unless the employee elects to have the compensatory balance paid.
Carryover CTO cannot exceed the forty (40) hours maximum.
10.6 Meal Allowance
The City shall provide a meal allowance of fifteen dollars ($15.00) for an employee who is held over and works a minimum of four (4) hours. Employees called back to work or called back from a day off with less than two (2) hours’ notice shall qualify for the fifteen dollar ($15.00) meal allowance when they work a minimum of four (4) hours. Extension of the work schedule or call -back must be properly authorized by the employee's supervisor or other designated personnel.
Section 11. Holidays
11.1 Qualifying for Holiday Pay
All regular status employees, excluding provisional , temporary, and part -time employees, shall be entitled to take all authorized holidays at full pay not to exceed the employee’s regular work day for any one (1) holiday. For an employee working on a 4/10, 9/80 or 12-hour work day plan, holidays shall be paid equivalent to the employee’s regularly scheduled work hours (e.g. 9 hours for a 9-hour work day or EXHIBIT 1
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8 hours on an 8-hour day on the 9/80 schedule).
11.2 Holidays Observed by the City
The City observes the following holidays on the dates indicated:
(1) January 1……... ...................................................................... New Years' Day (2) Third Monday in January ................................Martin Luther King Jr.'s Birthday (3) Second Monday in February ............................................... Lincoln's Birthday (4) Third Monday in February ............................................ Washington's Birthday (5) Last Monday in May ................................................................... Memorial Day (6) July 4 .................................................................................. Independence Day (7) First Monday in September .............................................................. Labor Day (8) Second Monday in October ....................................... Indigenous Peoples Day (9) November 11 ............................................................................. Veteran's Day (10) Fourth Thursday in November .................................................... Thanksgiving (11) The day following the day known as Thanksgiving
(12) December 25 ............................................................................ Christmas Day
For positions that observe holidays, employees accrue floating holiday hours equivalent to two (2) workdays annually on the first full pay period to a maximum of two (2) workdays. Floating holiday must be utilized in full day increments. Upon separation, unused floating holiday hours will be paid out at the employee’s current straight time rate of pay. If any of said holidays fall on a Sunday, the following Monday shall be observed as a holiday. If any of said holidays fall on a Saturday, the preceding Friday shall be observed as a holiday.
In order to receive Holiday Pay the employee must be in a paid status the day before and the day after the holiday.
An employee who takes a holiday off on a normally scheduled work day will receive a regular work day worth of holiday pay at their regular rate of pay, and the holiday hours count as time worked for FLSA overtime calculation purposes. A holiday that falls on an employee’s normally scheduled day off will receive a regular work day worth of holiday pay at their regular rate of pay, however the holiday hours will not be counted as time worked. If an employee works on a holiday, the employee will receive a regular work day worth of holiday pay at their regular rate of pay, actual hours worked will be paid at the time and one half (1-1/2) and holiday hours will not be counted as time worked. If an employee works only partial hours on a holiday, partial holiday hours will be counted as time worked for FLSA overtime calculation purposes (up to the employee’s normal work day).
11.3 Compensation for Holidays Worked
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Prior approval for holiday work must be secured from the department head except in emergency situations where said approval cannot be obtained beforehand.
Section 12. Compensation and Allowance Other Than Base Salary
12.1 Retirement Contribution Supplement
Tier 1 – For Employees Hired before December 29, 2012
Employees hired before December 29, 2012, receive the 2% at 55 CalPERS formula with the one (1) year final average compensation period. These employees pay the required seven percent (7.0%) member contribution, on a pre-tax basis.
These employees receive the following optional CalPERS retirement benefits:
• Section 21024 Military Service Credit as Public Service • Section 21027 Military Service Credit for Retired Persons • Section 20965 Credit for Unused Sick Leave
• Section 21574 Fourth Level of 1959 Survivor Benefits
• Section 21335 5% Annual Cost of Living Allowance Increase Tier 2 – For Employees Hired after December 28, 2012
Employees hired after December 28, 2012, who are not classified as a new member receive the 2% at 60 CalPERS formula with the three (3) year final average compensation period. These employees pay the required seven percent (7.0%) member contribution, on a pre-tax basis.
These employees receive the following optional CalPERS retirement benefits:
• Section 21574 Fourth Level of 1959 Survivor Benefits
• 2% Annual Cost of Living Allowance Increase
Tier 3 PEPRA – For Employees Hired after December 31, 2012 Employees hired after December 31, 2012, who are classified as a “Classic” member receive the 2% at 62 CalPERS formula with the three (3) year final average compensation period. These employees pay one -half of the total normal cost as determined annually by CalPERS on a pre-tax basis.
These employees receive the following optional CalPERS retirement benefits:
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• Section 21574 Fourth Level of 1959 Survivor Benefits
• 2% Annual Cost of Living Allowance Increase
12.2 Deferred Compensation
Effective July 1, 2010, the City’s contribution to the Deferred Compensation Plan (5.5% of base pay) will be converted to base pay. Effective July 1, 2010, employees will no longer receive a deferred compensation benefit.
12.3 Uniforms
(a) The City shall provide uniforms for all employees assigned to this unit who are required to wear uniforms during the course of work.
(b) Safety Protective Footwear Reimbursement Allowance
Employees required to wear safety protective footwear in accordance with the City Manager’s Administrative Directive HR -034, and approved for safety protective footwear reimbursement, the City will authorize safety protective footwear reimbursement in the amount of three hundred dollars ($300.00) as needed and approved by the employee’s supervisor and department head. Employees shall be allowed to use any unused funds towards the purchase of (1) insoles and socks and/or (2) an additional pair of safety protective footwear. Unless approved otherwise, employees are limited to a total of $300.00 per fiscal year for safety protective footwear.
12.4 Tool Allowance
(a) Effective July 1, 2024, Mechanic employees assigned to the Central Garage who are required to personally supply their own set of mechanic hand tools, as required and approved by the Fleet Manager, shall receive an annual tool replacement allowance of eight hundred dollars ($800.00).
(b) The City shall pay for the replacement of tools lost through theft from City premises provided that such loss was absolutely no fault of the employee.
(c) Any tool required by the City beyond that initially approved by Fleet Manager shall be provided by the City.
12.5 Special Driver's License Pay
Job classifications that require employees to possess and maintain a Class A and/or Class B Driver's License will receive special pay based on the flat dollar EXHIBIT 1
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amount equal to one and one-half percent (1-1/2%) of top step of job classification.
Special Driver's License Pay will only be implemented with the concurrent implementation of the Operating Engineers' Local No. 3 - City of Stockton, Drug/Alcohol Safety Program.
12.6 Longevity Pay
Employees hired before July 31, 2012, who by July 31, 2012, attained twelve (12) years of continuous employment with the City receive Longevity Pay in the amount of one and one half percent (1.5%) of the top salary step of the employee’s pay range as of July 1, 2010.
12.7 Credit Union
The City will accommodate payroll deduction s to Operating Engineers' Local No. 3 Credit Union, within the limitations of City payroll system. Any modification costs will be borne by Operating Engineers' Local No. 3.
12.8 Crane Operator Add Pay
At the Department Head’s discretion and approval, Traffic Signal Electricians, Tree Surgeon, Maintenance Repair Technician and Craft Maintenance Workers who obtain and maintain a crane operator certificate will receive an add pay. The number of total combined employees eligible to receive the add pay for all series listed below shall not exceed as follows:
Job Classification Series Total Eligible in
Series
Crane Operator Add Pay
Traffic Signal Electrician 4 $1.75 per hour
Tree Surgeon 2 $0.30 per hour
Craft Maintenance Worker 1 $0.30 per hour
Maintenance Repair Technician 1 $0.30 per hour
Section 13. Insurance Plans and Retirement Benefits
13.0 Reopener Clause for Health Insurance
(a) The Association agrees at the City’s request, to meet and confer on any changes that are within the mandatory scope of bargaining in any City proposals related to its City sponsored medical plans that may be related to the implementation of the Affordable Care Act (ACA).
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(b) The City agrees at the request of the T&M to meet and confer regarding employer benefits and premium contributions should medical/dental/vision insurance premiums for employee -only, employee plus one (1) dependent or employee plus family increase by more than four percent (4%) in any one (1) plan year.
13.1 Health and Welfare Benefits
(a) Choice of Health Plans. Employees in this bargaining unit shall have a choice of enrolling themselves and their eligible dependents in any of the City sponsored medical, dental and vision plans or Operating Engineer Health and Welfare Trust Fund Plan (Anthem Plans A, B, C, and D, and Kaiser Plans A, B, and A+). The City shall offer two (2) or more medical plans to regular status employees.
(b) Eligibility. Employees shall become eligible for Medical , Dental and Vision insurance on the first day of the month following date of hire . An eligible employee and eligible dependent may be enrolled in a City offered medical plan either as a subscriber in a City offered medical plan or, as the dependent spouse/registered domestic partner or another eligible City employee, but not both. If an employee is also eligible to cover their dependent child, the child will be allowed to enroll as a dependent on only one (1) employee plan (i.e., an employee and their dependent cannot be covered by more than one (1) City- offered health plan).
(c) City Contribution towards the cost of insurance programs.
1) The City will contribute:
• Up to $936.10 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
• Up to $1,698.55 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
• Up to $2,263.20 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
2) Effective January 1, 2027, the City contributes the following:
• Up to $973.54 per month toward the cost of the monthly premium for EXHIBIT 1
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employee-only medical/dental/vision plan coverage.
• Up to $1,766.49 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
• Up to $2,353.73 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
3) Effective January 1, 2028, the City contributes the following:
• Up to $993.01 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
• Up to $1,801.82 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
• Up to $2,400.80 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
4) Effective January 1, 2029, the City contributes the following:
• Up to $1,012.88 per month toward the cost of the monthly premium for employee-only medical/dental/vision plan coverage.
• Up to $1,837.86 per month toward the cost of the monthly premium for employee plus one (1) dependent medical/dental/vision plan coverage.
• Up to $2,448.82 per month toward the cost of the monthly premium for employee plus two (2) or more dependents medical/dental/vision plan coverage.
These contributions are based on full -time employment; part -time employees shall receive a prorated contribution based on their percentage of full -time employment. Insurance plan premiums that exceed the City’s monthly contribution shall be paid by the employee through payroll deductions. The City shall maintain its IRS 125 Plan to allow for employee contributions for medical/vision/dental to be pre-tax premium conversion.
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(d) Plan Rules. Employees may insure themselves and their eligible dependents under the medical/vision and dental plans provided by the City, in accordance with the rules and regulations applicable to the selected Plan. Benefits in the Plan shall be in accordance with the Plan document.
(e) Employees that promote, demote, or transfer from a classification in the Trades and Maintenance unit to an unrepresented classification shall continue to have the option to retain the Operating Engineers' Local No. 3 Health and Welfare Plan.
(f) Payment of costs for City administrative overhead for Operating Engineer sponsored plans.
The City costs to administer the health plans offered to employees and retirees are incorporated into the monthly rates for City sponsored medical, dental and vision insurance paid by the City and the plan participants. Effective upon the first full pay period following ratification of this MOU by the Union and approval by the City Council on its regular agenda in accordance with the Brown Act the City will add to the monthly plan costs for the Operating Engineer sponsored plans offered to employees those City administrative overhead costs associated with these plans in addition to the City sponsored plans and will be updated each plan year.
13.2 Long Term Disability Insurance
The City will provide, at no cost to the employee, long term disability insurance coverage. Plan benefits will be as described in the Plan document, but will include:
(a) Each disability - sixty-six and two thirds percent (66 2/3%) of salary up to the maximum salary replacement amount as specified in the City’s long term disability plan.
(b) Disability income payments shall commence after a ninety (90) day waiting period and exhaustion of sick leave accruals.
(c) Benefit payable until age sixty-five (65).
(d) The City will continue its normal contribution for employee medical premiums during the ninety (90) day waiting period.
13.3 State Disability Insurance (SDI)
Employees receive State Disability Insurance (SDI) coverage at their own expense. SDI will be coordinated with other benefits.
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13.4 Life Insurance
The City provides each employee group term life insurance policy in the amount of fifty thousand dollars ($50,000). In addition, employees can purchase additional voluntary life through their union or through the City’s IRS125 vendor.
Section 14. Salaries
14.1 Salary
Salary Adjustments:
a) Effective September 20, 2026, or the pay period following City Council approval, whichever is later, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay (Attached is the revised salary schedule including the 2% COLA plus market adjustment).
b) Effective the first full pay period starting June 27, 2027, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay.
c) Effective the first full pay period starting June 25, 2028, employees will receive a two percent (2%) Cost of Living Adjustment (COLA) increase to base pay.
14.2 Additional Steps
The salary ranges for all classifications is set forth in the City’s Salary Schedule.
Effective September 20, 2026, or the pay period following City Council approval, whichever is later, the City shall add three additional steps at two and a half percent (2.5%) each step for most positions. Consistent with the City practice, progression in the additional steps will require one year of paid status within the step prior, (i.e. progression to Step 7 requires 1 year of service in Step 6 and progression to Step 8 requires 1 year of service in Step 7).
14.3 Salary upon Appointment
Except as herein otherwise provided, the entrance salary for a new employee entering the classified service shall be the minimum salary for the class and level to which appointed. When circumstances warrant, the Director of Human Resources may approve an entrance salary which is more than the minimum salary for the class and level to which an employee is appointed. Such salary may EXHIBIT 1
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not be more than the maximum salary for the class and level to which that employee is appointed.
14.4 Salary Equivalents
Any monthly, daily or hourly rate of pay may be converted into an equivalent rate of pay or to any other time bases when, in the judgment of the Director of Human Resources or the City Manager, such a conversion is advisable. In determining equivalent amou nts on different time bases the City shall provide tables or regulations for the calculation of payment for service of less than full time, and for use in converting monthly salaries to hourly rates, as well as for calculating hourly rates. Overtime rate a nd premium pay shall be calculated according to the provisions of the FLSA.
14.5 Salary Step Plan
(a) The first salary step is the minimum salary rate and shall be the normal hiring salary rate for the class. In a case where a person possesses unusual qualifications, the Director of Human Resources may authorize appointment above the first salary step after receiving the recommendation of the department head.
The second salary step shall be paid upon the satisfactory completion of six (6) months service at the first salary step upon the written recommendation of the department head.
Subsequent salary steps shall be paid upon the satisfactory completion of one (1) year service at the preceding salary step of the job classification and upon the recommendation of the department head.
Regardless of an employee's length of service, step advance ments in any given class may be made upon recommendation of the department head with the approval of the Director of Human Resources.
Salary step increases will be effective the first day of the pay period following appointment or revision. If the date of appointment or revision is the first day of a pay period, salary step increases shall be as of that date.
(b) If a department head recommends withholding salary step increases because an employee has not achieved the level of performance required, notice must be received by the Human Resources Department at least four (4) weeks in advance of the employee's eligibility date. The affected employee shall be furnished a copy of the department head's recommendation. Failure to abide by the above four-week limitation shall not automatically cause a step increase to be EXHIBIT 1
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granted; however, if an employee does not receive notice by the actual anniversary date, the increase shall be automatically granted.
(c) Changes in an employee's salary because of promotion, demotion, postponement of salary step increase or special merit increase will set a new salary anniversary date for that employee, which date shall be as stated in the preceding paragraph.
(d) Salary range adjustments for a classification will not set a new salary anniversary date for employees serving in that classification.
14.6 Salary Step after Military Leave
All employees who have been granted military leave shall, upon their return to the City service, are entitled to the automatic salary advancements within the range of their classification for the period they were in the military service.
14.7 Salary Step When Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the employee's step held in the previous range, unless otherwise specifically provided for by the Director of Human Resources.
14.8 Salary Step After Promotion or Demotion
(a) When an employee is promoted from a position in one class to a position in a higher class, and at the time of promotion is receiving a salary equal to, or greater than, the minimum rate for the higher class, that employee shall be entitled to the next step in the salary scale of the higher class which is at least five percent (5%) above the employee's current base salary, except that the next step shall not exceed the maximum salary of the higher class. Add pays are not included in the calculation of base salary for purposes of this section. When an employee is promoted into another bargaining unit, the new bargaining unit’s salary on promotion rules shall apply.
(b) When an employee is demoted, whether such demotion is voluntary or otherwise, that employee's compensation shall be adjusted to the salary prescribed for the class to which demoted.
(1) "If the salary of the employee is reduced for cause or disciplinary reasons, the employee shall receive the salary at the same step prior EXHIBIT 1
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to promotion."
(2) "If the salary of the employee is reduced through no fault of the employee (i.e., layoff), the salary at demotion shall be at the nearest lower salary to that which was received prior to the demotion."
14.9 Transfer
An employee may be transferred from a class in one department, or to a position of the same class in another department, or to a comparable class, with the approval of both the employee and Department Heads. In the case of a compa - rable class, the employee must be qualified, as determined by the Director of Human Resources. The Director of Human Resources, in making such a determination, must assure that the maximum salary rate for the classes in question must be equal to or less than the employee’s current top step salary, and shall consider, among other things, whether the employee possesses the minimum qualifications for such class, and is able to demonstrate through education, experience, or successful completion of pertinent tes t, that he/she is qualified for the transfer. If the transfer involves a change from the jurisdiction of one appointing authority to another, both must consent thereto.
14.10 Salary on Reinstatement
If a former employee is reinstated in the same position, previously held or to one carrying a similar salary range, the employee's salary shall not be higher than the salary at the time of separation unless there has been an increase within the salary range.
If a former employee is reinstated to a position in a lower class the employee's salary shall be set at the same step previously held, but in the pay range of the lower classification.
14.11 "Y" Rate
When an employee's classification is changed to a lower paid classification as the result of a classification study or other action, the employee may be placed on a "Y" rate. A "Y" rate means that the monthly compensation for the employee shall remain in effect until such time as further changes in the pay range of the new classification exceeds the "Y" rate.
14.12 Acting Pay
(a) General Provisions . Any employee in this unit who is assigned by a EXHIBIT 1
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supervisor to work in a higher paid classification for two (2) or more hours in one (1) day, shall receive the rate of pay in the step of the higher classification which would have been received if the employee had been promoted into that classification, or at least five percent (5%) more than the employee's salary in the present classification, whichever is greater. Out -of-class assignment pay during overtime status will commence at the first hour worked.
(b) When there is an existing promotional eligibility list, and acting pay assignment is expected to be for more than twenty (20) work days, acting pay shall be assigned from the top three (3) on the promotional eligibility list. If the assignment is for twenty (20) work days or less, the highest ranking employee on the promotional list within the division shall be assigned. When there is no eligible list, section (c) below shall apply.
(c) If there is no existing list, acting pay selection shall be made from the five (5) most qualified employees in the section.
(1) Sections are defined, for the purpose of this clause only, as the sub-groups listed under the following department:
Public Works Department - (1) Street Maintenance, (2) Traffic Devices, (3) Electrical/Traffic Signals, (4) Fleet, (5) Facilities Maintenance, (6) Community Enhancement, (7) Parks, and (8) Trees.
(2) Qualifications for the purpose of this section, as determined by the department head or designee, shall include all the following equal factors:
(a) Seniority in grade within any class immediately below the vacant position.
(b) Worker experience relative to the vacant position.
(c) Prior job performance and attendance.
(d) Certificates or other formal qualification devices such as eligibility lists.
If all things are equal based on above factors, the seniority within the City shall be considered.
(3) The opportunity for acting pay shall be rotated among the five (5) most qualified employees within each section.
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(d) Assignments from other than a promotional eligibility list shall not exceed one-hundred and twenty (120) days per fiscal year per employee.
14.13 Special Assignment Pay
The City Manager may approve additional compensation in an amount not to exceed one additional salary step when an employee is assigned in writing by the supervisor to perform additional duties and responsibilities beyond the scope of the assignment for the duration of the special assignment.
Any employee assigned to the Tree Spray Crew shall receive an additional five percent (5%) special assignment pay per day when assigned in writing by the supervisor to spray trees and performs such work four (4) or more hours in any one (1) day.
14.14 Temporary Upgrade Pay
Employees who are assigned to temporarily perform the duties of other employees of a higher level classification shall be paid the hourly or daily rate of the classification to which they are temporarily upgraded. To be eligible for temporary upgrade pay, the employee must perform the full scope of duties of the higher classification and must not perform any of the duties of their own job classification while working in the higher level classification.
Section 15. Severability of Provisions
If any provision of this MOU is declared by a court of competent jurisdiction to be illegal or unenforceable that provision of the MOU shall be null and void but such nullification shall not affect any other provisions of this MOU, all of which other provisions shall remain in full force and effect.
In the event that Federal legislation changes the current applicability of the FLSA, both parties agree to consult and/or confer on the impacts of such legislation to the extent required by law.
Section 16. Past Practices and Existing Memoranda of Understanding Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this MOU.
This MOU shall supersede all exist ing Memoranda of Understanding and side letters between the City and the Union.
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Section 17. Scope of Agreement
Except as otherwise specifically provided herein this MOU fully and completely incorporates the understanding of the parties hereto and constitutes the sole and entire agreement between the parties on any and all matters subject to meeting and conferring.
Neither party shall, during the term of this MOU, demand any change therein nor shall either party be required to negotiate with respect to any matter; provided that nothing herein shall prohibit the parties from changing the terms of this MOU by mutual agreement.
Section 18. Duration of Agreement
All provisions of this MOU shall be effective the date of execution, unless otherwise indicated and shall remain in full force and effect to and including the 30th day of June, 2029 and shall continue thereafter from year to year unless at least sixty (60) days prior to July 1 either party shall file written notice with the other of its desire to amend, modify, or terminate this MOU.
Section 19. Maintenance of Operations/City Rights
(a) It is recognized that the need for continued and uninterrupted operation of City services is of paramount importance. The Union and each employee represented thereby agrees, through exhaustion of the impasse process/mediation/fact finding as set forth in the Employer/Employee Relations Ordinance, the Union or any person acting in its behalf, or each employee in a classification represented by the Union, will not cause, authorize, engage in, encourage, or sanction a strike, unfair labor practice strike, or sympathy strike, work stoppage, slowdown, refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound), or picketing, other than informational picketing, against the City or the individual or concerted failure to report for duty or abstinence from the full and faithful performance of the duties of employment, including compliance with the request of another labor organization or bargaining unit to engage in such activity in an attempt to induce a change in wages, hours, and other terms and conditions of employment.
(b) The Union recognizes the duty and obligation of its representatives and members to comply with the provisions of this MOU and to make every effort toward inducing all employees in this unit to fully and faithfully perform their duties. In the event of any activity prohibited by subsection (a) hereinabove, the Union agrees to take supererogatory steps necessary to assure compliance with this MOU.
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IN WITNESS WHEREOF, this Memorandum of Understanding was ratified by a membership vote of the Association on _____________, and by an affirmative vote of the Stockton City Council on _____________. The parties hereto have executed this Memorandum of Understanding this _________ day of ________.
TRADES AND MAINTENANCE UNIT
Approved as to form:
CITY OF STOCKTON
Operating Engineers’ Local No. 3
By: _______________________
MICHAEL DEANDA
Business Representative
APPROVED AS TO FORM:
By: _______________________
JOHNNY FORD
City Manager
By: _______________________
MARIE GUILLORY-JONES
Interim Director of Human Resources
By: _______________________
CHE JOHNSON
Negotiator for the City
Approved as to form:
By: _______________________
DONALD A. LARKIN
Interim City Attorney
ATTEST:
CITY CLERK
______________________________
KATHERINE ROLAND
City Clerk
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Appendix A. Salary Schedule Effective September 20, 2026 Title Group 1 2 3 4 5 6 7 8 9
Auto Painter Repair
Worker T&M - B $69,959 $73,554 $77,334 $81,310 $85,489 $87,626 $89,817 $92,062 Craft Maintenance
Worker I T&M - B $52,878 $55,596 $58,454 $61,458 $64,617 $66,233 $67,888 $69,586 Craft Maintenance
Worker II T&M - B $64,838 $68,171 $71,674 $75,359 $79,232 $81,213 $83,244 $85,325 Dispatcher T&M - B $51,692 $54,349 $57,142 $60,080 $63,168 $64,747 $66,365 $68,025 Electrician I T&M - B $59,737 $62,808 $66,036 $69,431 $72,999 $74,824 $76,695 $78,612 Electrician II T&M - B $82,193 $86,418 $90,859 $95,530 $100,440 $102,951 $105,525 $108,163 Equipment Service
Worker T&M - B $54,540 $57,344 $60,291 $63,390 $66,648 $68,314 $70,022 $71,773 Facilities Maintenance
Worker I T&M - B $42,847 $45,049 $47,365 $49,799 $52,359 $55,050 $59,328 $60,811 $62,331 Facilities Maintenance
Worker II T&M - B $51,348 $53,988 $56,763 $59,680 $62,748 $64,317 $65,925 $67,573 Facilities Maintenance
Worker III T&M - B $56,618 $59,529 $62,588 $65,805 $69,187 $70,916 $72,689 $74,507 Facility Aide T&M - B $38,582 $40,565 $42,651 $44,843 $47,148 $49,571 $53,423 $54,758 $56,127 Fleet Equipment Parts
Assistant T&M - B $54,361 $57,155 $60,093 $63,182 $66,430 $68,090 $69,793 $71,537 Graffiti Abatement
Technician T&M - B $58,697 $61,714 $64,886 $68,221 $71,728 $75,401 $81,273 $83,305 $85,387 Heating, Ventilation & Air
Conditioning Mechanic T&M - B $75,727 $79,620 $83,712 $88,015 $92,539 $94,853 $97,224 $99,655 Industrial Electrical
Apprentice T&M - B $58,059 $61,043 $64,181 $67,479 $69,166 $70,895 $72,668 EXHIBIT 1
379
TRADES AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 2026 – JUNE 30, 2029
CITY OF STOCKTON 40
Title Group 1 2 3 4 5 6 7 8 9
Instrument Repair
Technician T&M - B $74,487 $78,315 $82,340 $86,573 $91,023 $93,298 $95,631 $98,021 Janitor T&M - B $45,500 $47,838 $50,297 $52,882 $55,601 $56,991 $58,416 $59,876 Landfill Scale Operator T&M - B $49,723 $52,278 $54,966 $57,791 $60,761 $62,280 $63,837 $65,433 Maintenance Repair
Technician I T&M - B $52,423 $55,118 $57,950 $60,929 $64,061 $67,354 $72,586 $74,401 $76,261 Maintenance Repair
Technician II T&M - B $58,697 $61,714 $64,886 $68,221 $71,728 $75,401 $81,273 $83,305 $85,387 Maintenance Worker I T&M - B $41,784 $43,932 $46,190 $48,564 $51,060 $53,685 $57,855 $59,301 $60,784 Maintenance Worker II T&M - B $49,723 $52,278 $54,966 $57,791 $60,761 $62,280 $63,837 $65,433 Materials Specialist T&M - B $52,801 $55,515 $58,369 $61,369 $64,524 $66,137 $67,790 $69,485 Mechanic I T&M - B $62,639 $65,858 $69,243 $72,803 $76,545 $78,458 $80,420 $82,430 Mechanic II (Heavy) T&M - B $72,082 $75,787 $79,683 $83,778 $88,084 $90,286 $92,543 $94,857 Mechanic II (Light) T&M - B $72,082 $75,787 $79,683 $83,778 $88,084 $90,286 $92,543 $94,857 Mechanic III (Heavy) T&M - B $79,496 $83,581 $87,877 $92,394 $97,143 $99,572 $102,061 $104,612 Mechanic III (Light) T&M - B $79,496 $83,581 $87,877 $92,394 $97,143 $99,572 $102,061 $104,612 Mechanical Maintenance
Apprentice T&M - B $57,553 $60,512 $63,622 $66,893 $68,565 $70,279 $72,036 Mechanical Maintenance
Worker I T&M - B $60,431 $63,537 $66,804 $70,236 $73,842 $75,688 $77,580 $79,520 Mechanical Maintenance
Worker II T&M - B $66,775 $70,208 $73,816 $77,610 $81,600 $83,640 $85,731 $87,874 EXHIBIT 1
380
TRADES AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 2026 – JUNE 30, 2029
CITY OF STOCKTON 41
Title Group 1 2 3 4 5 6 7 8 9
Medium Equipment
Operator T&M - B $57,710 $60,676 $63,795 $67,074 $70,522 $72,285 $74,092 $75,944 Park Aide T&M - B $36,624 $38,466 $40,373 $42,389 $44,513 $45,625 $46,766 $47,935 Parks Equipment
Operator T&M - B $54,253 $57,041 $59,973 $63,056 $66,297 $67,955 $69,654 $71,395 Plant Operator
Apprentice T&M - B $59,431 $62,487 $65,698 $69,075 $72,625 $74,441 $76,302 $78,209 Public Works Heavy
Equipment Operator T&M - B $71,183 $74,842 $78,689 $82,733 $86,986 $89,161 $91,390 $93,674 Public Works
Maintenance Worker I T&M - B $48,568 $51,064 $53,689 $56,448 $59,350 $62,400 $67,248 $68,929 $70,652 Public Works
Maintenance Worker II T&M - B $59,725 $62,794 $66,022 $69,416 $72,983 $74,808 $76,678 $78,595 Public Works
Safety/Training Officer T&M - B $71,183 $74,842 $78,689 $82,733 $86,986 $89,161 $91,390 $93,674 Senior Electrician T&M - B $90,372 $95,017 $99,901 $105,035 $110,434 $113,195 $116,025 $118,925 Senior Facilities
Maintenance Worker T&M - B $63,449 $66,710 $70,139 $73,744 $77,534 $79,473 $81,459 $83,496 Senior Graffiti
Abatement Technician T&M - B $75,049 $78,907 $82,963 $87,227 $91,710 $94,003 $96,353 $98,762 Senior Instrument Repair
Technician T&M - B $81,899 $86,108 $90,534 $95,188 $100,080 $102,582 $105,147 $107,775 Senior Janitor T&M - B $50,169 $52,749 $55,459 $58,310 $61,307 $62,839 $64,410 $66,020 Senior Maintenance
Repair Technician T&M - B $71,183 $74,842 $78,689 $82,733 $86,986 $89,161 $91,390 $93,674 Senior Mechanic T&M - B $77,920 $81,925 $86,136 $90,563 $95,219 $97,599 $100,039 $102,540 Senior Mechanical
Maintenance Worker T&M - B $73,882 $77,680 $81,672 $85,871 $90,285 $92,542 $94,855 $97,227 EXHIBIT 1
381
TRADES AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 2026 – JUNE 30, 2029
CITY OF STOCKTON 42
Title Group 1 2 3 4 5 6 7 8 9
Senior Parks Worker I T&M - B $54,958 $57,783 $60,753 $63,875 $67,159 $68,838 $70,559 $72,323 Senior Parks Worker II T&M - B $57,841 $60,813 $63,940 $67,226 $70,682 $72,449 $74,260 $76,117 Senior Traffic Signal
Electrician T&M - B $89,906 $94,527 $99,386 $104,494 $109,865 $112,612 $115,427 $118,313 Senior Tree Surgeon T&M - B $66,332 $69,741 $73,326 $77,095 $81,058 $83,084 $85,161 $87,290 Service Writer T&M - B $53,528 $56,280 $59,173 $62,214 $65,412 $67,047 $68,723 $70,441 Solid Waste Inspector T&M - B $66,250 $69,655 $73,235 $76,999 $80,957 $82,981 $85,056 $87,182 Stage Maintenance
Worker T&M - B $58,060 $61,044 $64,182 $67,481 $70,949 $72,723 $74,541 $76,404 Traffic Signal Electrician T&M - B $77,996 $82,006 $86,221 $90,653 $95,312 $97,695 $100,137 $102,641 Traffic Signal Electrician
Trainee T&M - B $58,594 $61,606 $64,772 $68,101 $71,601 $75,283 $81,131 $83,159 $85,238 Tree Surgeon T&M - B $60,019 $63,104 $66,347 $69,758 $73,343 $75,177 $77,056 $78,982 Tree Worker T&M - B $48,005 $50,473 $53,067 $55,795 $58,663 $61,678 $66,470 $68,132 $69,835 Welder/Fabricator T&M - B $64,884 $68,219 $71,725 $75,412 $79,289 $81,271 $83,302 $85,385 Welder/Fabricator
Specialist T&M - B $75,303 $79,173 $83,243 $87,522 $92,020 $94,321 $96,679 $99,096 EXHIBIT 1
382
TRADES AND MAINTENANCE UNIT SUCCESSOR MOU
TERM: JULY 1, 2026 – JUNE 30, 2029
CITY OF STOCKTON 43
Appendix B. Rates of Pay
Base Rate of Pay: The employees’ Base Rate of Pay is their step as listed on the salary schedule for their classification.
Straight Time Rate of Pay: The employees ’ Straight Time Rate of Pay includes the employee’s base rate of pay plus all percentage based add pays.
Regular Rate of Pay: The employees’ Regular Rate of Pay as defined by the Fair Labor Standards Act (FLSA).
EXHIBIT 1
383
City of Stockton
Legislation Text
File #: 26-0882, Version: 1
ADOPT A RESOLUTION AUTHORIZING THE PURCHASE OF A PUMP FROM G3 ENGINEERING, INC. FOR THE WASTEWATER RECOVERY CENTER NITRIFYING BIOTOWERS (CITYWIDE)
RECOMMENDATION
It is recommended that the City Council adopt a resolution authorizing the purchase of a spare pump for the nitrifying biotowers from G3 Engineering, Inc., of Granite Bay, CA, in an amount not to exceed $186,319.15.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The Municipal Utilities Department (MUD) Wastewater Utility operates the Regional Wastewater Collection Facility (RWCF), an advanced tertiary treatment plant with a capacity of 55 million gallons per day (MGD) located next to the San Joaquin River.
The RWCF secondary treatment process uses a nitrifying biotower filtration system to improve wastewater quality. The nitrifying biotowers use pumps to move treated wastewater to tertiary treatment at the RWCF. The lead time to purchase a replacement pump of this size may take up to 36 weeks. To avoid operational disruptions and eliminate the need to rush to obtain a replacement in the event of failure, staff recommend purchasing a spare pump.
It is recommended that Council authorize the purchase of a replacement pump and motor for the nitrifying biotower at the RWCF from G3 Engineering, Inc. in the amount of $186,319.15.
DISCUSSION
Background
The nitrifying biotower filtration system provides biological treatment of wastewater to remove ammonia. This process is essential because ammonia is toxic to aquatic life and regulatory discharge limits require its removal.
The nitrifying biotowers use pumps to move treated wastewater to tertiary treatment at the RWCF.
The pumps are replaced at the end of their useful life in accordance with a pump maintenance program. However, the lead time for purchasing a replacement pump may be up to 36 weeks. It is industry best practice to keep large equipment with long procurement lead times readily accessible when redundant equipment is not installed, in case of equipment failure.
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File #: 26-0882, Version: 1
Present Situation
Staff solicited three bids for the purchase of a Cascade Model 24 mixed-flow pump with a 30-inch discharge. The following bids were received:
Proponent Bid Total Cost
G3 Engineering, Inc. $170,935.00 $186,319.15
Integrated Power Services $176,238.00 $192,099.43
DXPE Enterprises, Inc. Non-responsive Non-responsive
The bid submitted by G3 Engineering, Inc. is the lowest responsive bid, regular in all aspects, and meets the City’s needs.
FINANCIAL SUMMARY
There are sufficient funds in the Wastewater Operations Equipment Acquisition account 6513-000- 800004-610-000-00-65-000-000.
This action has no impact on the General Fund or any other unrestricted funds.
Attachment A - Quote from G3 Engineering
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G3 Engineering, Inc.P.O. Box 2148, Granite Bay, CA 95746 Phone: 209-225-5095 Email: [email protected] 3, 2026 Attn: Jose Alatorre, City of Stockton Subject: Stockton Regional Wastewater Control Facility Wetlands Pumps Cascade Pump Company Quote G3 Engineering Proposal CD1594 Dear Mr. Alatorre, We are pleased to offer pricing for the following CASCADE equipment. This proposal is subject to G3 Engineering, Inc. Standard Terms and Conditions. Pricing is valid for 60 days. Payment terms are net 30 days after shipment. If you have any questions, or need additional information, please contact me. Sincerely, Christopher Davidson, P.E. G3 Engineering, Inc. (209) [email protected]
ATTACHMENT A
386
SCOPE OF SUPPLY 1 EA – Cascade 24MF 1-Stage Mixed Flow Pump Rated design condition: 20,000 GPM @ 50’ TDH, 86% Bowl Efficiency30” Diameter Above-Base Flanged Discharge23’-5” From Baseplate to Bottom of Suction BellProduct-Lubricated PumpDry Weight ~ 8,500 Lbs.Design Features and Materials of Construction are Duplicate to Original CascadePump SN 16492 with Upgraded Standards Where ApplicableAnalysis and Testing: None specified or included.Spare Parts: None specified or included.Start-up and Training: None specified or included.Clarifications: Installation not included.Motors are not included.Piping, valves, VFDs, controls, instrumentation, lubricants, and otheraccessories/appurtenances are not included.Any applicable taxes not included.Purchase order shall be made out to G3 Engineering, Inc.PRICE: $170,935.00 + TAX FREIGHT: FOB Factory (Freight to jobsite included) SUBMITTALS: 4-6 weeksLEAD TIME: 28-30 weeks after submittal approval
ATTACHMENT A
387
ATTACHMENT A
388
ATTACHMENT A
389
H2S Monitoring SystemsENCORE 700 - Chemical Metering PumpsIBS Flood Wall Systems, Stop Logs and Stop Plates RPS ENGINEERINGFORCE FLOWChlorine and Chemical Tank ScalesU.S. ENVIRONMENTAL PRODUCTSRapid Sludge Dewatering Beds Positive Displacement BlowersHeadworks Screens, Grit Removal, Grit DewateringHYDROVEX- CSO and Storm Water Control ProductsUET MIXERS GRUNDFOS WATER CR - Vertical Mulitstage Centifugal Pumps HYDRO MPC- Packaged Pumping SystemsPACO- End Suction, Inline and Split Case PumpsGRUNDFOS WASTEWATERSE, SL, S- Submersible Non-Clog Pumps and MixersYEOMANS, CHICAGO, MORRIS - Dry Pit Wastewater Pumps JOHN MEUNIER (VEOLIA)STATIFLOStatic Pipe and Open Channel MixersWALLACE & TIERNAN (XYLEM-EVOQUA)SMARTCOVERDEPOLOX - Drinking Water Chlorine AnalyzersWATER CHAMP - Chemical Induction Mixing SystemThermal Chemical Hydrolysis and Phosphorous RemovalPeristaltic Metering Pumps and Chem Feed Skid SystemsScrew Impeller Pumps - Submersible & Horizontal ConfigurationsMixed and Axial Flow Lineshaft PumpsDewatering Centrifuges, Sludge Thickeners, Belt DryersAgitators and Static MixersMEUNIER TECHNOLOGIESUNITED BLOWERSDICE - Dosing ModulesChemical Injection Quills and Sampling ProbesBasin Covers and DomesPAX - Water Storage Tank Mixing, THM Removal, Residual ControlOSEC - On Site Hypochorite Generators INTEGRITY MUNICIPAL SYSTEMS - Fluoride Saturators and Chem Feed SkidsENVIRODYNE SYSTEMS, INC.Clarifiers, Thickeners, Oxidation Ditches, Grit RemovalRotary Distributors, Digester Covers MICRO/2000 - Waste Water Disinfection AnalyzersFabricated Stainless Steel Slide Gates Sewer Level Monitoring and Alarm SystemsSAF-T-FLO Large VTPs, Horizontal Split Case, Multistage and Double Suction PumpsTERMOMECCANICA POMPEUGSI CHEMICAL FEED - Rotameters, Dry Feed EquipmentCLEANWATER1(UGSI SOLUTIONS)POLYBLEND/DYNABLEND - Polymer Feed Systems (Liquid and Dry)FKC SCREWPRESSPRECISION SYSTEMSPackaged Pumping Stations with backup power and SCADACLEANWATER1 (UGSI CHEM FEED)WEMCO PUMPS (TRILLIUM)CENTRISYS CNPScrew Press Dewatering and Rotary Drum Screen ThickeningConveyors & Skidded Systems WATER AND WASTEWATER EQUIPMENT5905 Granite Lake Dr., Suite 120, PO Box 2148, Granite Bay, CA 95746Main Office Phone: (916) 797-1880 Cell: (209) 225-5095 www.g3engineering.com e-mail: [email protected]
FONTAINE-AQUANOX
PUMPSPROCESS EQUIPMENTBLUE-WHITE INDUSTRIESCASCADE PUMP COMPANYFLOWAY PUMPS (TRILLIUM)Vertical and Submersible Turbine Pumpsand Recessed Impeller Grit Pumps ATTACHMENT ACASCADE PUMP COMPANYMixed and Axial Flow Lineshaft Pumps 390
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AUTHORIZING THE PURCHASE OF A PUMP FROM G3
ENGINEERING, INC. FOR THE WASTEWATER RECOVERY CENTER NITRIFYING
BIOTOWERS
The Municipal Utilities Department (MUD) Wastewater Utility operates the Regional Wastewater Collection Facility (RWCF), an advanced tertiary treatment plant with a capacity of 55 million gallons per day (MGD) located next to the San Joaquin River; and
The RWCF secondary treatment process uses a nitrifying biotower filtration system to improve wastewater quality by removing ammonia; and
The nitrifying biotowers use pumps to move treated wastewater to tertiary treatment at the WRC; and
The pumps at the RWCF are replaced at the end of their useful life in accordance with a pump maintenance program; and
The lead time for purchasing a replacement pump may be up to 36 weeks, and it is industry best practice to keep large equipment with long procurement lead times readily accessible when redundant equipment is not installed, in case of equipment failure; and
Staff solicited three bids for the purchase of a Cascade Model 24 mixed flow pump with a 30-inch discharge; and
The bid submitted by G3 Engineering, Inc. is the lowest responsive bid, regular in all aspects and meets the City’s needs; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. Authorize the purchase of a replacement pump and motor for the nitrifying biotower at the WRC from G3 Engineering, Inc. in the amount of $186,319.15.
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391
2. The City Manager or designee is hereby authorized to take necessary and appropriate actions to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED September 15, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
392
City of Stockton
Legislation Text
File #: 26-0820, Version: 1
APPROVE MOTION TO AUTHORIZE CONTRACT CHANGE ORDER NO. 6 FOR CITY OF
STOCKTON CUSTODIAL SERVICES (CITYWIDE)
RECOMMENDATION
It is recommended that the City Council approve a motion to authorize Contract Change Order No. 6, in the amount of $1,078,975.13, with Imperial Maintenance Services, Inc. of Stockton, CA, for City of Stockton Custodial Services, Project No. OM-22-005.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this motion.
Summary
On June 14, 2022, by Motion No. 2022-06-14-1212, Council awarded a Service Contract, in the amount of $5,147,404.59, to Imperial Maintenance Services, Inc. of Stockton, CA, for routine and specialized custodial services across 23 City-owned or leased facilities.
Contract Change Order (CCO) Nos. 1 through 4, in the total amount of $510,287.67, were previously approved under the administrative change order authority allowed under the original contract. On June 24, 2025, by Motion No. 2025-06-24-1210, Council approved CCO No. 5 in the amount of $1,115,201.26.
CCO No. 6 adds janitorial services at new City facilities, including New City Hall, McKinley and Victory Park pools, Ursula Meyer Library, the Sierra Vista Police Department (PD) Substation, the Animal Wellness and Adoption Center, Central Stores, the Fire Department’s Emergency Communications Division (ECD), and temporary facilities at the Municipal Utilities Department (MUD) Collections and Engineering trailers.
CCO No. 6 also expands services at the Main Library, the new Regional Wastewater Control Facility (RWCF) buildings, and the third floor of the Stewart Eberhardt Building (SEB). CCO No. 6 also removes services at 400 E. Main Street, the former Permit Center, and services at Holiday and Brooking Park pools.
In addition to the operational adjustments, CCO No. 6 includes new contract language to ensure compliance with Senate Bill (SB) 1383, which requires jurisdictions to implement organic waste reduction and recycling programs.
It is recommended that Council approve CCO No. 6, in the amount of $1,078,975.13, with Imperial Maintenance Services, Inc. of Stockton, CA, for City of Stockton Custodial Services, Project No. OM- 22-005 (Attachment A). Funding for additional services will be encumbered on a fiscal year basis City of Stockton Printed on 9/11/2026Page 1 of 3
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File #: 26-0820, Version: 1
through the annual budgeting process (Attachment B). The total contract amount will be $7,851,868.65 through Fiscal Year (FY) 2026-27, with the option to extend the contract for two additional years.
DISCUSSION
Background
Public Works is responsible for custodial services at City facilities. The City does not have the staff resources to provide custodial services at all City facilities. Public Works maintains a Service Contract with Imperial Maintenance Services, Inc. for routine and specialized custodial services across 23 City-owned or leased facilities. These services are critical to ensure clean, safe, and functional environments for City staff and the public.
On June 14, 2022, by Motion No. 2022-06-14-1212, Council awarded a multi-year Service Contract, in the amount of $5,147,404.59, to Imperial Maintenance Services, Inc. of Stockton, CA, for City of Stockton Custodial Services, Project No. OM-22-005. The contract expires on June 30, 2027, and allows for the option of two one-year extensions.
CCO Nos. 1 through 4, in the total amount of $510,287.67, were previously approved under the administrative change order authority allowed under the original contract. On June 24, 2025, by Motion No. 2025-06-24-1210, Council approved CCO No. 5 in the amount of $1,115,201.26.
The previously approved CCOs included additional services for the Stockton Animal Services Center, Oak Park pool off-season cleaning, expanded services at the RWCF, Fleet vehicle washing, and other Citywide janitorial services.
Present Situation
CCO No. 6 adds janitorial services at new City facilities, including New City Hall, McKinley and Victory Park pools, Ursula Meyer Library, the Sierra Vista PD Substation, the Animal Wellness and Adoption Center, Central Stores, the Fire Department’s ECD, and temporary facilities at the MUD Collections and Engineering trailers.
CCO No. 6 also expands services at the Main Library, the new RWCF buildings, and the third floor of the SEB. CCO No. 6 also removes services at 400 E. Main Street, the former Permit Center, and services at Holiday and Brooking Park pools.
In addition to the operational adjustments, CCO No. 6 includes new contract language to ensure compliance with SB 1383, which requires jurisdictions to implement organic waste reduction and recycling programs.
It is recommended that Council approve CCO No. 6, in the amount of $1,078,975.13, with Imperial Maintenance Services, Inc. of Stockton, CA, for City of Stockton Custodial Services, Project No. OM- 22-005 (Attachment A). Funding for additional services will be encumbered on a fiscal year basis through the annual budgeting process (Attachment B). The total contract amount will be $7,851,868.65 through FY 2026-27, with the option to extend the contract two additional years.
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File #: 26-0820, Version: 1
FINANCIAL SUMMARY
The Service Contract with Imperial Maintenance Services, Inc. for City of Stockton Custodial Services, Project No. OM-22-005 is funded by various City department operating accounts and is encumbered on a fiscal year basis. The funding for these services has been allocated in the various operating budgets for FYs 2025-26 and 2026-27.
Attachment A - CCO No. 6 with Imperial Maintenance Services, Inc.
Attachment B - Department Financial Breakdown
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CITY OF STOCKTON
Contract Change Order#: _6 __ -. _
Resolution/Motion No.
If, ot required enter "NIA")
Contract No. _42...;2,...0 .... 0....,0....,86.....,-5 __ • _____ _ P11rcnas.e Order#
QM .. 22-005 • CITY OF STOCKTON CUSTODIAL SERVICES
$5,M7.404,59
S 078,975.13
Revised Contract Pric§_ __ _ $7,851.868. 65
TO. lmnedaJ ftllai11tenance Services, Inc. (Co trac•oo. ou are he eby d·ire<:tedt to ma· e the t�erei described Ch.a119es from the plans and specifications or do the iol ov.nng desc :bed wor"i< not indluded in the plans an,a specifica ·orris of 's ocmtract. . Add"ittoriaf Work Performed terr A.bove• IRe.fer,enc&d Pr,ojeot .
THIS CHANGE ORDER PROVlDES FQR:
See Attached
We, the undetsigned co l �Cl. iOf, I ave given ,careful co sideration t,J the c ange pr,opo.,'$i.,d and hereby ag'•ee, • tnis proposal rs approved tnat we wil p o•, ·c,e all e-Q,tripment rurnislh all r a!erlats. except as. ary other'.'Jise be noted abi;:r.rif}, and perfo all services ecessary OIi' the wo above .specified, and will acoe-pt as furJ payrr er,1 1her8iort:l' thi.: i::,ri C€S shown above.
B� reas.c; o,f this praposed ,chi,)ng:e, _ days exteosicm o time ,.. I be allowed.
Aeoe:pte-d Date 0 7/21/2026
By Alfonso Solis:
nue CEO
(
order· is not offeclivo until app,rovodl by
APPROVED AS TO PORN! & CON�E.NT:
0.FFJCE OF T
i
HE CITY ATTORNEY
BY __________ _
Date: _________ _
ATTEST;
KATHERIN' ROlANO, CMC, CPVIC
CITY CLERK OFT. 'E Cl Or STOCKTON
·1ntornal Approval Routijng
_______________ Date: ___ --
Appmva1 by: Nguyet Ph�m, Dop-srltnc.nt Fimm.cc Offieer
---��----------Date: ____ _
Ap:provail by:
Rosa Af•1arez, Deputy P1..1blie Works O.irector
Approval Recommended by:
_______________ Date: ____ �
Peni Saaaluselu, Director
P1Jblic Worlrs Dep�ut.m.e:nt
ATTACHMENT A
396
CITY OF STOCKTON
Fully Executed Form Routing: Original to City Clerk; Copy to Vendor Contract Change Order #: 6
Resolution/Motion No. Contract No. 422000865
(I f not required enter “N/A”) Purchase Order #
OM-22-005 - CITY OF STOCKTON CUSTODIAL SERVICES
Project Number / Project Name / Activity
Additional Services at Agreed Price – Through FY 2026-27:
1. Ini
tiate janitorial services at the following added sites:
Ne
w City Hall buildings 1 & 2
McKinley and Victory Park pools
Ursula Meyer Library
Animal Wellness and Adoption Center
Central Stores
Sierra Vista PD Substation
Fire Department ECD
MUD Collections & Engineering Trailers
Subtotal: $ 943,746.19
2. Expand services at the following existing sites:
Main L
ibrary, 1 additional pressure washing service per month New Regional Wastewater Control Facility buildings
PD 3rd Floor of SEB
Subtotal: $ 490,053
3. Remove janitorial services at the following sites:
400 E
. Main Street, 3rd and 4th Floors
Former Permit Center
Holiday and Brooking Pools
S
ubtotal: ($ 354,824.06)
4. Compliance with California Senate Bill (SB) 1383:
Add c
ontract language to ensure compliance with SB 1383 regarding organic waste reduction and recycling programs – See Exhibit A
No additional cost
CC
O No. 6 TOTAL: $ 1,078,975.13
ATTACHMENT A
397
Jani
torial Contract Amendment for Waste & Recycling Requirements The Contractor must ensure all janitorial staff correctly sort trash, recyclables, and organics at every collection point, including desk-side bins, conference rooms, lobbies, and kitchen/breakrooms. All materials must be placed in the city's properly labeled and color-coded containers. Waste streams must not be mixed, and containers should be regularly checked for contamination. The Contractor is responsible for providing initial and annual training to all staff on proper sorting and disposal procedures.
Key Contract Amendment Elements
1. Waste Sorting and Collection Requirements
• Janitorial staff must properly sort all waste into three streams: trash, recycling, and organics, at every collection point, including desk-side bins, conference rooms, and kitchen/breakroom areas.
• All materials must be placed in appropriately marked and color-coded containers:
o Trash: Black lid/body. Trash is non-recyclable, non-compostable waste such as Styrofoam, plastic wrap, tape, snack bags, plastic bags, dirty plastic utensils, etc.
o Recycling : Blue lid/body. Paper, cardboard, plastics, glass, and metals. All items shall be clean and dry.
o Organics : Green lid/body. Food scraps, food-soiled paper products (non- waxy), coffee grounds, greasy pizza boxes, etc.
• Containers will be clearly labeled with signage indicating which materials are accepted, using text and images as appropriate.
2. Separation in Janitor’s Carts:
Janitorial staff must use carts with clearly separated compartments for trash, recycling, and organics. This ensures that materials stay properly sorted from all collection points.
The cart design should prevent any mixing of different waste types. When emptying waste, staff must place items into Trash, Recycling, or Organics bins.
3. Service Locations and Frequency
• Desk-side trash and recycling bins must be serviced as specified (e.g., nightly or as otherwise agreed).
• Centralized trash and recycling bins in conference rooms and kitchen/breakrooms, including organics bins, must be emptied regularly to prevent overflow. • Restrooms with paper towels are treated as trash.
EXHIBIT A
ATTACHMENT A
398
4. Co
ntamination Prevention and Monitoring
• Janitorial staff must not mix trash, recycling, or organics together at any collection stage.
• Containers must be checked regularly for contamination. If contamination is found, janitorial staff must inform the designated city contact. Recyclables that are too contaminated (e.g., wet or food-stained items mixed with trash) will be treated as trash.
• Plastic bags are considered trash regardless of what materials they hold. They must not be placed in the blue recycling and green organics bins. All recyclables and organics in plastic bags must be removed from the bags and placed loose into the correct bin. All plastic bags should go in the trash. Plastic bags should never be placed in recycling or organic waste hauler bins in the outdoor enclosure.
5. Training and Education
• The contractor must provide initial and annual training for all janitorial staff on proper sorting procedures and keeping streams separate. • All new staff must be trained in the city's trash and recycling requirements.
6. Compliance and Enforcement
• Failure to comply with sorting requirements may result in formal complaints and corrective action.
• The city reserves the right to monitor and inspect waste streams and collection practices at any time.
EXHIBIT A
ATTACHMENT A
399
CITY OF STOCKTON CUSTODIAL SERVICES, PROJECT NO. OM-22-005
FINANCIAL BREAKDOWN BY ACCOUNT
BASELINE CONTRACT - JULY 1, 2022 THROUGH JUNE 30, 2027
ACCOUNT NAME FUND NAME ACCOUNT NUMBER PROJECT STRING FY 26
NOT TO EXCEED FEE
FY 27
NOT TO EXCEED FEE TOTAL
Public Works Fleet Account, Central Stores - SERVICES General Fund 4530-707-630006-500-000-00-45-000-000- $ 6,663.24 $ 6,663.24 $ 13,326.48 Public Works Fleet Account, Central Stores - CONSUMABLES General Fund 4530-707-630006-500-000-00-45-000-000- $ 4,800.00 $ 4,800.00 $ 9,600.00 MUD Account, MUD Admin – Water, SERVICES Utility Customer Service Fund 6511-502-630006-600-000-00-65-000-000- $ 42,167.30 $ 56,223.07 $ 98,390.37
MUD Account, MUD Admin – Water, CONSUMABLES Utility Customer Service Fund 6511-502-630006-600-000-00-65-000-000- $ 4,050.00 $ 54,000.00 $ 58,050.00 MUD Account, MUD Admin – Wastewater, SERVICES Utility Customer Service Fund 6511-502-630006-610-000-00-65-000-000- $ 84,334.61 $ 112,446.24 $ 196,780.85
MUD Account, MUD Admin – Wastewater, CONSUMABLES Utility Customer Service Fund 6511-502-630006-610-000-00-65-000-000- $ 8,100.00 $ 10,800.00 $ 18,900.00 MUD Account, MUD Admin – Stormwater, SERVICES Utility Customer Service Fund 6511-502-630006-620-000-00-65-000-000- $ 14,055.77 $ 18,741.02 $ 32,796.79
MUD Account, MUD Admin – Stormwater, CONSUMABLES Utility Customer Service Fund 6511-502-630006-620-000-00-65-000-000- $ 1,350.00 $ 1,800.00 $ 3,150.00 New City Hall Building 1 - SERVICES 4520-703-650001-100-000-30-45-000-000 $ 41,236.20 $ 247,417.20 $ 288,653.40
New City Hall Building 1 - CONSUMABLES 4520-703-650001-100-000-30-45-000-000 $ 4,000.00 $ 24,000.00 $ 28,000.00 New City Hall Building 2 - SERVICES 4520-703-650001-100-000-30-45-000-000 $ 125,151.48 $ 263,888.52 $ 389,040.00
New City Hall Building 2 - CONSUMABLES 4520-703-650001-100-000-30-45-000-000 $ 5,000.00 $ 30,000.00 $ 35,000.00 Permit Center, Community Development Department, SERVICES 5510-000-630013-220-221-10-55-000-000- $ (7,369.36) $ (22,771.29) $ (30,140.65) Permit Center, Community Development Department, CONSUMABLES 5510-000-650001-220-221-10-55-000-000- $ (2,544.90) $ (6,439.28) $ (8,984.18) Victory Park Pool, Community Services Department - SERVICES 5025-000-630012-210-000-50-50-000-000 $ 372.60 $ - $ 372.60 McKinley Park Pool, Community Services Department - SERVICES 5025-000-630012-210-000-50-50-000-000 CR00MSP $ 414.03 $ 414.03 Holiday Park Pool, Community Services Department - SERVICES 5025-000-630012-210-000-50-50-000-000- CR00HSP $ (621.00) $ (8,199.91) $ (8,820.91)
Brooking Park Pool, Community Services Department - SERVICES 5025-000-630012-210-000-50-50-000-000- CR00BSP $ (496.80) $ (6,239.91) $ (6,736.71)
3rd Floor 400 E Main St - SERVICES General Fund 4520-706-630006-100-000-30-45-000-000- $ (39,966.49) $ (45,529.09) $ (85,495.58)
3rd Floor 400 E Main St - CONSUMABLES General Fund 4520-706-650001-100-000-30-45-000-000- $ (12,556.36) $ (12,943.35) $ (25,499.71) 4th Floor 400 E Main St - SERVICES General Fund 4520-706-630006-100-000-30-45-000-000- $ (44,203.00) $ (45,529.09) $ (89,732.09) 4th Floor 400 E Main St - CONSUMABLES General Fund 4520-706-650001-100-000-30-45-000-000- $ (12,566.36) $ (12,943.35) $ (25,509.71) MUD Collections Trailer (IT & Fire) - SERVICES 4520-706-630006-100-000-30-45-000-000- $ 13,314.30 $ - $ 13,314.30 MUD Collections Trailer (IT & Fire) - CONSUMABLES 4520-706-630006-100-000-30-45-000-000- $ 2,400.00 $ 2,400.00 MUD Engineering Trailer (IT) - SERVICES 4520-706-630006-100-000-30-45-000-000- $ 13,314.30 $ - $ 13,314.30 MUD Engineering TRAILER (IT) - CONSUMABLES 4520-706-630006-100-000-30-45-000-000- $ 2,400.00 $ 2,400.00 Main Library Pressure Washing, Community Services Department Measure M 5011-818-630012-100-120-40-50-000-000- $ 5,500.00 $ 6,600.00 $ 12,100.00 Police Department Account, PD Substations - SERVICES $ 144.80 $ 869.40 $ 1,014.20 Police Department Account, PD Substations - CONSUMABLES $ 1,000.00 $ 6,000.00 $ 7,000.00 Fire Department, Emergency Communications Division - SERVICES $ 21,798.36 $ 21,798.36 3rd Floor 22 E. Weber St, Public Works Facilities Maint. Account - SERVICES General Fund 4520-706-630006-100-000-30-45-000-000- $ (21,180.62) $ (45,529.09) $ (66,709.71)
3rd Floor 22 E. Weber St, Public Works Facilities Maint. Account - CONSUMABLES General Fund 4520-706-630006-100-000-30-45-000-000- $ (2,467.68) $ (4,727.13) $ (7,194.81) 3rd Floor 22 E. Weber St, Neighborhood Services, Police Department Account - SERVICES $ 8,477.24 $ 26,963.76 $ 35,441.00
3rd Floor 22 E. Weber St, Research and Development, Police Department Account - SERVICES 3511-302-630013-100-000-20-35-000-000 $ 2,804.79 $ 17,239.20 $ 20,043.99 3rd Floor 22 E. Weber St Neighborhood Services, Police Department Account - CONSUMABLES $ 3,600.00 $ 10,800.00 $ 14,400.00 Ursula Meyer Library and Community Center, Community Services Department- SERVICES $ 2,724.63 $ 8,173.88 $ 10,898.51
Ursula Meyer Library and Community Center, Community Services Department- CONSUMABLES $ 480.00 $ 2,880.00 $ 3,360.00 Ursula Meyer Library and Community Center, Public Works Facilities Maint. Account- SERVICES General Fund 4520-706-630006-100-000-30-45-000-000- $ 14,304.29 $ 42,912.88 $ 57,217.17
Ursula Meyer Library and Community Center, Public Works Facilities Maint. Account- CONSUMABLES 4520-706-630006-100-000-30-45-000-000- $ 2,520.00 $ 15,120.00 $ 17,640.00 Police Department Account, Animal Wellness & Adoption Center - SERVICES General Fund $ 6,546.08 $ 13,436.76 $ 19,982.84
Police Department Account, Animal Wellness & Adoption Center - CONSUMABLES General Fund $ 3,000.00 $ 6,000.00 $ 9,000.00 TOTALS 280,253.09$ 798,722.04$
1,078,975.13$
ATTACHMENT B
400
City of Stockton
Legislation Text
File #: 26-0853, Version: 1
ADOPT RESOLUTION TO AUTHORIZE THE ADA CURB RAMP INSTALLATION PROJECT (DISTRICTS 3, 4, 5, AND 6)
RECOMMENDATION
It is recommended that the City Council adopt a resolution to:
1. Approve Notice of Exemption No. NOE24-26 under the California Environmental Quality Act for the ADA Curb Ramp Installation, Project No. WD26004.
2. Approve the plans and specifications for the ADA Curb Ramp Installation, Project No.
WD26004.
3. Award a Construction Contract in the amount of $545,000 to Modernscapes Innovations of Oakley, CA, for the ADA Curb Ramp Installation, Project No. WD26004.
It is also recommended that the City Manager be authorized to take appropriate and necessary actions to carry out the purpose and intent of this resolution.
Summary
The City is responsible for maintaining 781 centerline miles of streets, including curb ramps that are typically located at intersection corners. The project will install 60 Americans with Disabilities Act (ADA) curb ramps at various intersections Citywide (Attachments A and B). The improvements will remove accessibility barriers for persons using wheelchairs or other personal assistance devices by adding new ramps.
The project was included in the 2025-30 Five-Year Capital Improvement Plan (CIP).
On July 2, 2026, the City received nine bids for this project. It is recommended that Council award a Construction Contract to the lowest responsive bidder, Modernscapes Innovations, in the amount of $545,000. It is also recommended that Council adopt a resolution approving Notice of Exemption No. NOE24-26 under the California Environmental Quality Act (CEQA) and approving the plans and specifications for the project.
Construction is anticipated to begin in fall 2026 and be completed by spring 2027, weather permitting.
DISCUSSION
Background
The City is responsible for maintaining 781 centerline miles of streets, including curb ramps typically City of Stockton Printed on 9/11/2026Page 1 of 3
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File #: 26-0853, Version: 1
located at intersection corners. The City regularly receives requests for the installation of new ramps or the replacement of existing curb ramps. Each request is prioritized in chronological order based on the date of the original service request.
The Public Works Department annually retrofits existing intersections with ADA-compliant curb ramps as part of its Sidewalk, Curb, and Gutter Repair Program. The number of curb ramps installed or replaced each year depends on the amount of funding available. Consideration is given to locations on the request backlog and to streets that have been recently resurfaced as part of a pavement maintenance project.
The ADA Curb Ramp Installation, Project No. WD26004 was included in the 2025-30 Five-Year CIP.
The project will install 60 ADA curb ramps at various intersections Citywide (Attachments A and B).
The improvements will remove accessibility barriers for persons using wheelchairs or other personal assistance devices by adding new ramps. Upon completion of this project, there will be approximately 260 curb ramps on the backlog list.
On July 26, 2016, Council adopted a Community Workforce and Training Agreement (CWTA). The CWTA became effective August 25, 2016, and applies to all Public Works projects over $1 million that are bid after that date. On July 16, 2019, by Motion No. 2019-07-16-1403, Council extended the CWTA term to August 25, 2024. On August 20, 2024, by Motion No. 2024-08-20-1203, Council extended the CWTA term to August 25, 2029. The CWTA was not applied to this project as the estimated construction cost is less than $1 million.
Present Situation
On June 15, 2026, the ADA Curb Ramp Installation, Project No. WD26004, was advertised for bids.
On July 2, 2026, nine bids were received with the following results:
COMPANY NAME BID AMOUNT ADJUSTED BID AMOUNT
(local preference applied)
Modernscapes Innovation $545,000.00 $545,000.00 (Oakley, CA)
R. Sutton Enterprises, LLC $626,390.00 $626,390.00 (Vallecito, CA)
FBD Vanguard Construction, Inc. $681,330.00 $681,330.00 (Livermore, CA)
Zara Construction, Inc. $717,150.00 $717,150.00 (Sacramento, CA)
Tom Mayo Construction, Inc. $735,030.00 $720,329.40 (Stockton, CA)
Soracco, Inc. $747,524.00 $732,573.52
(Lodi, CA)
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Platinum General Engineering, LLC $755,821.00 $755,821.00 (Modesto, CA)
Franco Engineering, Inc. $808,000.00 $791,840.00
(Tracy, CA)
Dirt Dynasty, Inc. $839,280.00 $839,280.00
(Valley Springs, CA)
Engineer’s Estimate $709,000.00
The requirements of Stockton Municipal Code (SMC) section 3.68.090, Local Business Preference, apply to this project. Tom Mayo Construction, Inc., Soracco, Inc., and Franco Engineering, Inc. are located within County limits and are entitled to a two percent bid preference. Application of the Local Business Preference has no effect on the bid order. The Local Employment Ordinance, SMC section
3.68.095, also applies to this contract.
The bid from Modernscapes Innovations, the lowest responsive bidder, is regular in all respects and has the proper license to perform the work. It is recommended that Council approve the plans and specifications and award a Construction Contract to Modernscapes Innovations of Oakley, CA, in the amount of $545,000, for the ADA Curb Ramp Installation, Project No. WD26004.
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of CEQA as specified under Section 15301(c) of the CEQA Guidelines. As a result, the project has been granted a Categorical Exemption. The activities related to this project constitute a discretionary project under the City’s jurisdiction and qualifies as a project that does not have a significant effect on the environment. The resolution will approve the filing of Notice of Exemption No. NOE24-26 under CEQA.
Construction is anticipated to begin in fall 2026 and be completed by spring 2027, weather permitting.
FINANCIAL SUMMARY
There are sufficient funds available in the ADA Curb Ramp Installation, Project No. WD26004, GL Account #4570-000-800007-300-000-30-45-000-000, to award a Construction Contract to Modernscapes Innovations in the amount of $545,000.
Attachment A - Vicinity Map
Attachment B - Location List
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MARCH
EIGHTHMAIN
ADA Curb Ramp Installation, Project No. WD26004C
0 0.45 0.9 1.35 1.80.225MilesµLegend!Curb Ramp LocationsParksPublic SchoolsCity Limits 139-403438
35-3747-4812-1341-4314-174445-4627-3018-196-78-112-523-2620-2253-5558-6056-5749-5051-5231-33 404
No. Corner Intersection Council District
1 NE 3113 Benjamin Holt Dr 3
2 NE Fourteen Mile Dr & Petersburg Ci 3
3 NW Fourteen Mile Dr & Petersburg Ci 3
4 NE Pacific Av Frontage & W Lincoln Rd 3
5 NE W Robinhood Dr & W Banbury Dr 3
6 Midblock E Alpine Av & N California St 4
7 SW E Alpine Av & N California St 4
8 SE E Alpine Av & N California St 4
9 NE W Alpine Av & N Center St 4
10 SW W Alpine Av & N Center St 4
11 SE W Alpine Av & N Center St 4
12 SW E Alpine Av & N Sutter St 4
13 SE E Alpine Av & N Sutter St 4
14 NW Bristol Av & N Kensington Wy 4
15 SW Bristol Av & N Kensington Wy 4
16 NW N Center St & W Adam St 4
17 NE N Center St & W Adam St 4
18 SW N Center St & E Castle St 4
19 SE N Center St & E Castle St 4
20 NW N Center St & E Castle St 4
21 NE N Center St & E Castle St 4
22 NW E Churchill St & N Hunter St 4
23 NE E Churchill St & N Hunter St 4
24 NW E Churchill St & N Hunter St 4
25 SW E Churchill St & N Hunter St 4
26 NE Coronado Av & Enterprise St 4
27 SW Coronado Av & Enterprise St 4
28 SE Coronado Av & Enterprise St 4
29 SW W Harding Wy & N Baker St 4
30 SE W Harding Wy & N Baker St 4
31 NW W Harding Wy & N Baker St 4
32 NE W Harding Wy & N Baker St 4
33 Midblock E Mariposa Av & N Hunter St 4
34 SW E Mariposa Av & N Hunter St 4
35 SE E Mariposa Av & N Hunter St 4
36 NW E Monterey Av & N Hunter St 4
37 NE E Monterey Av & N Hunter St 4
ADA Curb Ramp Installation, Project No. WD26004 - Location List
ATTACHMENT B
405
No. Corner Intersection Council District
38 SW E Monterey Av & N Hunter St 4
39 SE E Monterey Av & N Hunter St 4
40 SW E Monterey Av & N San Joaquin St 4
41 SE E Monterey Av & N San Joaquin St 4
42 NW E Monterey Av & N San Joaquin St 4
43 NE E Monterey Av & N San Joaquin St 4
44 NE N Yosemite St & W Poplar St 4
45 NW N Yosemite St & W Poplar St 4
46 SW N Yosemite St & W Poplar St 4
47 SW Bradford St & Hiawatha Av 5
48 SE Bradford St & Hiawatha Av 5
49 NW Bradford St & Hiawatha Av 5
50 NE Bradford St & Hiawatha Av 5
51 SW E Harding Wy & N Funston Av 5
52 SE E Harding Wy & Sycamore Av 5
53 SW E Harding Wy & Sycamore Av 5
54 NW E Myrtle St & C St 5
55 NE E Myrtle St & C St 5
56 NE S Pilgrim St & E Market St 5
57 NW S Pilgrim St & E Market St 5
58 NW Martin Luther King Jr Bl & S Lincoln St 6
59 NE Martin Luther King Jr Bl & S Lincoln St 6
60 SE Martin Luther King Jr Bl & S Lincoln St 6
ATTACHMENT B
406
Resolution No.
STOCKTON CITY COUNCIL
RESOLUTION AP PROVING THE NOTICE OF EXEMPTION NO . NOE24-26,
APPROVING THE PLANS AND SPECIFICATION S, AND AWARDING A
CONSTRUCTION CONTRACT FOR THE ADA CURB RAMP INSTALLATION , PROJECT NO. WD26004
On July 2, 2026, the City Clerk of the City of Stockton opened, examined, and publicly declared the sealed proposals or bids offered for the ADA Curb Ramp Installation, Project No. WD26004; and
The project will install 60 Americans with Disabilities Act (ADA) curb ramps at various intersections Citywide. The improvements will remove accessibility barriers for persons using wheelchairs or other personal assistance devices by adding new ramps ; and
Modernscapes Innovations is the lowest responsi ve bidder in the amount of $545,000, and its bid is regular in all respects; and
The project is in conformance with the City’s General Plan, pursuant to California Government Code, section 65402, and is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) as specified under section 15301(c) of the CEQA Guidelines, because this is a discretionary project under the City’s jurisdiction and qualifies as a project which has been determined to not have a significant effect on the environment; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF STOCKTON, AS FOLLOWS:
1. The City Council approves the filing of Notice of Exemption No. NOE24-26 under the CEQA for the ADA Curb Ramp Installation , Project No. W D26004, a copy of which is attached as Exhibit 1 and incorporated by this reference.
2. The City Council a pproves the plans and specifications for the ADA Curb Ramp Installation, Project No. WD26004.
3. The City Council awards a Construction Contract between the City of Stockton and Modernscapes Innovations , in the amount of $545,000, and the City Manager is authorized and directed to execute same, a copy of which is attached as Exhibit 2 and incorporated by this reference.
//
//
//
//
407
4. The City Manager is hereby authorized to take whatever actions are necessary and appropriate to carry out the purpose and intent of this Resolution.
PASSED, APPROVED, and ADOPTED September 15, 2026 .
CHRISTINA FUGAZI
Mayor of the City of Stockton
ATTEST:
KATHERINE ROLAND, CMC, CPMC
City Clerk of the City of Stockton
408
CITY OF STOCKTON
NOTICE OF EXEMPTION
TO: COUNTY CLERK FROM: Lead Agency
COUNTY OF SAN JOAQUIN City of Stockton
44 N. San Joaquin St., Ste. 260 c/o Public Works Department Stockton, CA 95202 501 W. Weber Ave., Bldg 2
Stockton, CA 95203
NOTICE OF EXEMPTION PURSUANT TO PUBLIC RESOURCES CODE SECTION 21152(B) AND CALIFORNIA CODE OF REGULATIONS TITLE 14, SECTION 15062
PROJECT DATA
Project Title: ADA Curb Ramp Installation, Project WD26004 CEQA Exemption File No.: NOE 24-26
Applicant: City of Stockton Public Works Department
Project Description/Location: The City of Stockton Public Works Department will be installing ADA-compliant curb ramps at various locations Citywide.
DETERMINATION/FINDING OF EXEMPTION
The above-described activity/project is exempt from the environmental assessment requirements of the California Environmental Quality Act (CEQA) pursuant to the following section(s) of the State CEQA Guidelines (California Code of Regulations, Title 14):
The activity is not a "project" as defined in CEQA Guidelines Section 15378.
The activity is exempt under the "general rule" at CEQA Guidelines Section 15061(B)(3).
The project is "Statutorily Exempt" per CEQA Guidelines Section:
X The project is "Categorically Exempt" per CEQA Guidelines Section 15301(c).
BASIS FOR FINDING OF EXEMPTION
The activity does not qualify as a project and/or clearly could not have a significant effect on the environment and, therefore, CEQA does not apply.
X The activity constitutes a discretionary project under the City's jurisdiction and qualifies as a project which has been determined not to have a significant effect on the environment and, therefore, is exempt from the provisions of CEQA under the above-noted statutory or categorical exemption(s).
PENI BASALUSALU, DIRECTOR July 14, 2026
PUBLIC WORKS DEPARTMENT (DATE OF PREPARATION)
By
Cesar Lopez-Garcia, Project Manager (DATE OF FINAL APPROVAL)
AFFIDAVIT OF FILING AND POSTING
I declare that on the date stamped above, I received and posted this notice or included it on a list of such notices which was posted as required by California Public Resources Code Section 21152(B). Said notice or list of notices will remain posted for 35 days from the filing date.
Signature Title
Posting Period Ending Date
EXHIBIT 1
409
CONS
TRUCTION CONTRACT
T
his c ontract is made and entered into on _____________, by and between MODERNSCAPES INNOVATIONS, a STATE OF CALIFORNIA CORPORATION, with a business address at 163 MEADOW BROOK COURT, OAKLEY, CA 94561, hereinafter called "CONTRACTOR," and CITY OF STOCKTON, a municipal corporation, hereinafter called "CITY."
W
I T N E S S E T H:
W
HEREAS, plans and specifications for the construction of ADA CURB RAMP INSTALLATION (PROJECT NO. WD2 6004), hereinafter called “PROJECT,” were regularly adopted by Council Resolution No. _________________ , on _________________ ; and
W HEREAS, the contract for said work was regularly awarded to CONTRACTOR, by Council Resolution No. _________________ , on ________________ .
NO
W, THEREFORE, in consideration of the promises and of the mutual covenants herein contained, the parties hereto expressly agree as follows:
CONTRACTOR agrees:
1. SC
OPE OF SERVICES. To do the work and furnish all the labor, materials, tools, equipment, and insurance required for the construction of PROJECT in accordance with the plans and specifications adopted on _____________ , by Council Resolution No. _________________ . The "contract documents ," which include the bid documents, project plans , specifications, all letters of clarification, and the City of Stockton Standard Specifications and Plans, are incorporated into and made a part of this contract by this reference to the same extent as if fully set forth.
2. C
OMPENSATION. To do and perform the work contemplated hereby in a good and workmanlike manner and to furnish all labor, materials, tools , and equipment necessary therefore at the prices specified in Exhibit A, attached hereto and by reference made a part hereof, under the direction of and to the complete satisfaction of the Director of Public Works of the City of Stockton. Total compensation for services and reimbursement for costs shall not exceed $545,000.00, o r as otherwise mutually agreed to in a Contract Change Order.
3. I
NSURANCE. CONTRACTOR 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 B, 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.
EXHIBIT 2
410
It
shall be a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum i nsurance coverage requirements and/or limits shall be available to the Additional Insured.
F
urthermore, 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 i nsurance policy or proceeds available to the named Insured; whichever is greater.
T
he Additional Insured coverage under the CONTRACTOR’s policy shall be “primary and non-contributory” and will not seek contribution from the City of Stockton’s insurance or self-insurance and shall be at least as broad as ISO CG 20 01 04 13.
T
he limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess i nsurance 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.
A
ll self-insured retentions (SIR) must be disclosed to the CITY’s Risk Management for approval and shall not reduce the limits of liability. Payment Bond in the amount of the self-insured retention (SIR) may be required.
P
olicies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the CITY.
T
he CITY reserves the right to obtain a full certified copy of any i nsurance policy and endorsements.
F
ailure to exercise this right shall not constitute a waiver of right to exercise later.
CO
NTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following the completion of this project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the City at its sole discretion may purchase the coverage required and the cost will be paid by contractor.
CO
NTRACTOR 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. Subcontractor further agrees to include these same provisions with any Sub-subcontractor. A copy of the CITY Contract Document Indemnity and Insurance provisions will be furnished to the Subcontractor upon request. The General CONTRACTOR shall require all sub-contractors to provide a valid certificate of EXHIBIT 2
411
ins
urance 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 . INDEMNITY AND HOLD HARMLESS. To the fullest extent permitted by law, Contractor shall hold harmless, defend, and indemnify City of Stockton and its officers, officials, employees, and volunteers from and against all claims, damages, losses, and expenses including attorney fees arising out of the performance of the work described herein, caused in whole or in part by any negligent act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of the City of Stockton. This obligation is independent of, and shall not in any way be limited by, the minimum Insurance obligations contained in this agreement. These obligations shall survive the completion or termination of this agreement.
5 . STANDARD PLANS AND SPECIFICATIONS. The performance of said work and the furnishing of said materials shall be executed in accordance with Section 8-
1.04B of the City of Stockton Standard Specifications and Plans as adopted on September 27, 2016, b y Council Resolution No. 2016- 09-27-1213, effective September 27, 2016, and the provisions of the issued project specifications.
T
he Director of Public Works will furnish CONTRACTOR a weekly statement showing the number of days charged to the contract for the preceding week, the number of days specified for completion of the contract, and the number of days remaining to complete the contract. CONTRACTOR will be allowed one (1) week in which to file a written protest setting forth in what respects said weekly statement is incorrect, otherwise the statement shall be deemed to have been accepted by CONTRACTOR as correct. 6 . WORKING DAYS. This work shall be diligently prosecuted to completion before the expiration o f 65 WORKING DAYS beginning on the tenth calendar day after the date shown on the Notice to Proceed. It is agreed by the parties to the contract that in case all the work called for under the contract in all parts and requirements, is not finished or completed within the number of days as set forth, damage will be sustained by the CITY, and that it is and will be impracticable and extremely difficult to ascertain the actual damage which CITY will sustain in the event of and by reason of such delay; and it is therefore agreed that CONTRACTOR will pay to CITY th e sum of THREE THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($3,600.00) per day for each and every calendar day's delay in finishing the work in excess of the number of days prescribed; and CONTRACTOR agrees to pay said liquidated damages as herein provided, and in case the same are not paid, agrees that CITY, may deduct the amount thereof from any monies due or that may become due CONTRACTOR under the contract.
I
t is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the number of days as specified, the CITY shall have the right to increase the number of days or not, as may seem best to serve the interest of CITY, and if the CITY decides to increase the said number of days, the CITY shall further have the right to charge to CONTRACTOR, CONTRACTOR's heirs, assigns or sureties, and to deduct from the final payment for the work, all or any part, as EXHIBIT 2
412
may
be deemed proper, the liquidated damages as specified or the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the contract, and which accrue during the period of such extension, whichever is greater, except the cost of final surveys and preparation of final estimate shall not be included in such charges.
A
working day shall not include, nor shall CONTRACTOR be assessed with liquidated damages nor the additional cost of engineering and inspection during any delay beyond the time named for the completion of the work caused by acts of God or of the public enemy, acts of CITY, fire, floods, epidemics, quarantine restrictions, strikes, and freight embargoes and subject to approval by the Director of Public Works , inability to get materials ordered by CONTRACTOR or subcontractor due to such causes provided that CONTRACTOR shall notify the Director of Public Works in writing of the causes of delay within five (5) working days from the beginning of any such delay, and the Director shall ascertain the facts and the extent of the delay, and Director's findings of the facts thereon shall be final and conclusive.
I
f CONTRACTOR is delayed by reason of alterations made in these specifications, or by any act of the Director of Public Works or of the CITY, not contemplated by the contract, the time of completion shall be extended proportionately, and CONTRACTOR shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties. CONTRACTOR shall have no claim for any other compensation for any such delay.
7 . CONFORMANCE TO APPLICABLE LAWS. Contractor shall comply with all applicable Federal, State, and Municipal laws, rules, and ordinances. Contractor shall not discriminate in the employment of persons or in the provision of services under this Contract on the basis of any legally protected classification, including race, color, national origin, ancestry, sex or religion of such person.
a. TI
TLE VI
T
itle VI of the Civil Rights Act of 1964 requires that “no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” (42 USC Section 2000d)
https://www.dol.gov/agencies/oasam/regulatory/statutes/title-vi-civil-rights- act-of-1964.
T
he City of Stockton requires compliance with the requirements of Title VI in all of its programs and activities regardless of funding source. b. DI
SCRIMINATION AND HARASSMENT POLICY
T
he City of Stockton has a Discrimination and Harassment Policy ( Exhibit C). The purpose of this policy is to reaffirm the CITY’s commitment to demonstrating respect for all individuals by strictly prohibiting discrimination EXHIBIT 2
413
and har
assment, including sexual harassment in the workplace, to define the types of behavior and conduct prohibited by this policy, and to set forth a procedure for reporting, investigating, and resolving complaints of discrimination and harassment in the workplace.
c. L
ABOR STANDARDS PROVISIONS/CALIFORNIA LABOR CODE
Th
e 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. PR
EVAILING WAGE
C
ONTRACTOR and any subcontractor shall pay each employee engaged in the trade or occupation not less than the prevailing hourly wage rate. In accordance with the provisions of Section 1770 of the Labor Code, the Director of Department of Industrial Relations of the State of California has determined the general prevailing wage and employer payments for health and welfare, pension, vacation, travel time, and subsistence pay as provided for in Section 1773.1, apprenticeship or other training programs authorized by Section 3093 and similar purposes applicable to the work to be done. CONTRACTOR performing the work under this contract shall obtain a copy of the wage rate determination and shall distribute copies to each subcontractor. As the wage determination for each craft reflects an expiration date, it shall be the prime CONTRACTOR and each subcontractor's responsibility to e nsure 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 https://www.dir.ca.gov/Public- Works/Prevailing-Wage.html. 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 directl y 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 EXHIBIT 2
414
any s
ubcontractor 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 CONTRACTOR to whom the contract is awarded shall ensure that the prime and each subcontractor will in accordance with Section 1776 of the Labor Code, maintain certified payroll records. A copy of said records shall be provided with each invoice to the Public Works Department, Attention Contract Complianc e 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. T
he CONTRACTOR shall comply with the provisions established in Section 1777.5 of the Labor Code concerning the 1) certified approval by local joint apprenticeship committees for the employment and training of apprentices, and 2) contribution of funds to ad minister and conduct apprenticeship programs, if applicable to the job. e. L
OCAL EMPLOYMENT ORDINANCE
P
ursuant to Stockton Municipal Code Section 3.68.095 the CONTRACTOR and all subcontractors shall make a good faith effort to employ at least 50 percent of the workforce on this project from local residents, as measured by total labor work hours. Failure of any CONTRACTOR or subcontractor to comply with these requirements shall be deemed a material breach of the contract or subcontract. CONTRACTORS and subcontractors shall maintain records necessary for monitoring their compliance with section
3.68.095.
f. S
ANCTIONS
D
eliverables 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.
C
ITY agrees:
8 . COMPENSATION. To pay CONTRACTOR for the work herein contemplated in the following manner: Progress payments will be made on or about the EXHIBIT 2
415
fi
rst day of each calendar month, in such sum as shall make the aggregate of payment up to such day equal to ninety-five percent (95%) of the proportional contract price, upon the basis of the progress certificate of the Director of Public Works as to the amount of work done and the proportional amount of the contract price represented therefor e; and all of the remaining part of the contract price not as aforesaid paid, shall be paid at the expiration of thirty-five (35) days from the completion of said work of construction and the certification by the Director of Public Works of such completion. 9 . SECURITIES. 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.
10 . CHANGE ORDERS . 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 Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated.
A
ny such changes will be set forth in a contract change order which will specify, in addition to the work done in connection with the change made, adjustment of contract time, if any, and the basis of compensation for such work. A contract change order wi ll not become effective until approved by the City Manager and/or the City Council.
P
rocessing of change orders shall be in accordance with Section 4- 1.05A of the City of Stockton Standard Specifications and Plans as adopted by Council on September 27, 2016, by Resolution No. 2016-09-27-1213, effective September 27, 2016, or as otherwise amended by Council. When the compensation for an item of work is subject to adjustment under the provisions of Standard Specifications and Plans, Section 4- 1.05A, CONTRACTOR shall, upon request, promptly furnish the Engineer with adequate detailed cost data for such item of work.
11 . AUDITS. CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under the contract. Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance.
C
ONTRACTOR agrees that CITY or its delegate will 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 EXHIBIT 2
416
Local Construction Contract – ADA CURB RAMP INSTALLATION – PROJECT NO. WD26004 (Updated 10/18/23)
investigation for the purpose of determining compliance with this requirement.
CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under the contract.
12. WAIVER. It is expressly understood and agreed by and between the parties hereto that a waiver of any of the conditions of this contract shall not be considered a waiver of any of the other conditions thereof.
It is further understood and agreed by and between the parties hereto that time is of the essence of this contract in all respects.
IN WITNESS WHEREOF, the parties hereto have hereunto affixed their hands and seals the day and year first above written.
ATTEST: CITY:
KATHERINE ROLAND, CMC, CPMC
CITY CLERK
By:
By: JOHNNY FORD
CITY MANAGER
APPROVED AS TO FORM & CONTENT:
MARCI A. ARREDONDO
OFFICE OF THE CITY ATTORNEY
By:
MODERNSCAPES INNOVATIONS
By:
DEPUTY CITY ATTORNEY
Tax Identification No.
99-1480316
EXHIBIT 2
417
ADA CURB RAMP INSTALLATION
PROJECT NO. WD26004
BI DDING SCHEDULE
Each bidder shall bid each item, including all alternate bid(s). Failure to bid an item shall be just cause for considering the bid as non-responsive. Line item costs should include all Contractor's overhead and profit and indirect costs. Bids not presented on City forms shall be cause for considering the bid as non-responsive.
Item
1 2
3 4
5 6
7 8
10 11
Bid Forms
Description Unit Quantity
Mobilization 1 LS
Traffic Control 1 LS
Curb-Ramp Installation Per COS Standard 11 EA Detail R-64 (All Work Complete In-place) Curb-Ramp Installation Per COS Standard 31 EA Detail R-65 (All Work Complete In-Place) Curb-Ramp Installation Per COS Standard 2 EA Detail R-66 (All Work Complete In-Place Curb-Ramp Installation Per COS Detail
'Wheelchair Ramp Modified A' (All Work 13 EA
Complete In-Place)
Curb-Ramp Installation Per COS Detail
'Wheelchair Ramp Modified C' (All Work 3 EA
Complete in Place)
Additional Concrete Sidewalk Removal and 850 SF Replacement (All Work Complete In-Place) Additional Vertical Curb and Gutter Removal
and Replacement (AU Work Complete In- 50 LF
Place)
Additional Rolled Curb and Gutter Removal
and Replacement (All Work Complete In- 10 LF
Place)
Additional Asphalt Removal and
Replacement (Up to 8" thick) (All Work 50 SF
Complete in Place)
�· .
TOTAL BID 54-S", DVD
Unit price
'2..0 ()e}(J I
t=_,1 ODD
�,2.-t)D
'yf", 2,.,0()
sr, 2-00
<f1 z_.lX)
�,·2-00
?-'-l1.00
LOO,.OD
tlO ., 00
30.,,00
Total Price
?-CJ I l) {) ()
s-,oDo
qo,1-00
7--61-1, z,.o 0
J 1,, 400
JDll,lt;OD
'-4: , lo DO
'7,.,,0 I ij 00
i;-, 000
f, l DD
i, s-oo
s1DDER's NAMEM,ob\..e.rn.6t� lht10V•wh'Ov1S
Last Revised 03/05/2024
EXHIBIT 2
418
REV 2026-03-31
Exhibit B:
Insurance Requirements for Construction Contracts (All) (Project No. ADA Curb Ramp)
Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
4. Surety Bonds as described below.
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.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City of Stockton. The City of Stockton may require the Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City of Stockton. The CGL and any policies,
EXHIBIT 2
419
REV 2026-03-31
including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City of Stockton. Any and all deductibles and SIRs shall be the sole responsibility of Contractor or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City of Stockton may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured.
The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City of Stockton reserves the right to obtain a copy of any policies and endorsements for verification.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1. 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 and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions 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.
2. For any claims related to this project, the Contractor’s insurance coverage shall be primary and non-contributory insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Stockton, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Stockton, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies. The City of Stockton does not accept endorsements limiting the Contractor’s insurance coverage to the sole negligence of the Named Insured.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City of Stockton.
Claims Made Policies (Does Not Apply to Commercial General Liability) If any coverage required is written on a claims-made coverage form:
EXHIBIT 2
420
REV 2026-03-31
1. The retroactive date must be shown, and this date must be before the execution 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 contract work.
3. If coverage is cancelled or non-renewed, and not replaced with another claims- made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City of Stockton for review.
5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
Umbrella or Excess Policies
The Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Contractor’s primary and excess liability policies are exhausted.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City of Stockton.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation and provide a copy to the City of Stockton.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Stockton for all work performed by the Contractor, its EXHIBIT 2
421
REV 2026-03-31
employees, agents and subcontractors. This provision applies regardless of whether or not an endorsement has been issued.
Verification of Coverage
Contractor shall furnish the City of Stockton with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City of Stockton before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City of Stockton reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. City of Stockton reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Subcontractors
Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City of Stockton is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of 5 years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Surety Bonds
Contractor shall provide the following Surety Bonds:
1. Bid Bond
2. Performance Bond
3. Payment Bond
4. Maintenance Bond
The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is EXHIBIT 2
422
REV 2026-03-31
required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California.
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 circumstances.
Certificate Holder Address
The address for mailing certificates, endorsements and notices shall be:
City of Stockton
Its Officers, Officials, Employees, and Volunteers
501 W Weber Avenue
Building 1, 4th Floor
Stockton, CA 95203
EXHIBIT 2
423
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 1 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 I. PURPOSE
The purpose of this policy is to reaffirm the City's commitment to demonstrating respect for all individuals by strictly prohibiting discrimination and harassment, including sexual harassment in the workplace. This policy defines prohibited behavior and conduct, and sets forth a procedure for reporting, investigating and resolving complaints of discrimination, harassment, in the workplace, including retaliation and hostile work environment.
II. POLICY
A. The City of Stockton prohibits any form of discrimination and/or harassment of any person based on race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute consistent with state or federal law.
All such discrimination and harassment is unlawful and shall not be tolerated. In addition, under the federal Affordable Care Act (ACA), the City of Stockton prohibits discrimination and/or harassment, or retaliation against an employee who obtains coverage, receives a tax credit or subsidy through the Health Care "Market Place" or "Exchange."
B. It is an unlawful employment practice to discriminate against or to harass an unpaid intern or volunteer on the basis of any legally protected classification unless an exception applies, such as a bona fide occupational qualification.
C. The City will neither tolerate nor condone discrimination and/or harassment of employees by managers, supervisors, co-workers, or non-employees with whom City employees have a business service, or professional relationship.
D. All City employees and non-employees share a responsibility to assist in EXHIBIT 2
EXHIBIT C
424
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 2
425
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 3 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 Ill. DEFINITION AND EXAMPLES OF DISCRIMINATION AND HARASSMENT A. "Discrimination," as used in this policy, is any action, behavior, practice, or process that is intended to deny, or results in the denial of, employment rights, privileges, or benefits because of a person's race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other prohibition identified under state and federal law. The following are examples of conduct that may constitute discrimination:
1. Soliciting applications from a source where all or most of potential workers are of the same race or color.
2. Considering a person's gender as the basis for differences in pay, work assignments, performance evaluations, training, discipline, or any other area of employment; and
3. Questioning a job applicant about the existence, nature and severity of a disability.
B. "Harassment," as used in this policy, consists of any conduct affecting another person because of his or her race, religious creed, color, national origin, ancestry, military and veterans status, physical or mental disability, medical condition, genetic characteristics or information, denial of family and medical care leave, marital status, sexual orientation, sex (including gender, gender identity, gender expression, transgender, pregnancy, childbirth and breastfeeding), political affiliation, age (40 and older), concerted labor activity, or any other category or attribute identified under state and federal law when such conduct has the purpose or the effect of: (1) creating an intimidating, hostile or offensive work environment; (2) unreasonably interfering with the employee's or non-employee's work performance; or (3) EXHIBIT 2
426
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 4 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 otherwise adversely affecting an employee's or non-employee's employment opportunities.
Harassment may take many forms, including, but not limited to, the following examples:
1. Verbal Harassment: Epithets, derogatory and offensive comments or slurs based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
2. Physical Harassment: Assault, impeding or blocking movement that results in the physical interference with normal work or movement on the basis of race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
3. Visual Harassment: The displaying of posters, photography, notices, bulletins, e-mails, cartoons or drawings with derogatory and offensive content based on race, religion, color, national origin, ancestry, physical or mental disability, marital status, pregnancy, medical condition, gender, sexual orientation, political affiliation, age, or any other category or attribute identified under state and federal law.
C. "Sexual harassment," as used in this policy, is a subcategory of harassment, and is specifically defined by law as unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
1. Submission to such conduct is made a term or condition of employment; or
2. Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
EXHIBIT 2
427
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 2
428
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 6 of 14
DISCRIMINATION AND Effective Date:
HARASSMENT POLICY
Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95. 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 i. Retaliation for making harassment reports or threatening to report harassment.
D. Affordable Care Act (ACA) Anti-Retaliation
Pursuant to section §1558 of the Affordable Care Act, the City prohibits discrimination or retaliation towards any employee who:
1. Receives a health insurance tax credit or subsidy through the Health Care "Marketplace" or "Exchange", by which can trigger a penalty payable by the employer;
2. Reports potential violations of protections afforded under Title I of the Act, which provides guaranteed availability protections among other things;
3. Testifies in a proceeding concerning such violation;
4. Assists or participates in a proceeding concerning a violation; or
5. Objects to, or refuses to participate in, any activity, policy, practice, or assigned task that the employee reasonably believes to be in violation of any provision of the Title I of the Act.
An employee who believes that he or she has been discharged or otherwise discriminated against in violation of section §1558 of the Affordable Care Act may seek relief in accordance with the procedures, notifications, burdens of proof, remedies, and statutes of limitation set forth in section 2087(b) of title 15, United States Code.
IV. REPORTING AND COMPLAINT PROCEDURES
A. Immediate Action Required
The City's reporting and complaint procedures provide for an immediate, thorough and objective investigation of discrimination or harassment claims, appropriate disciplinary action taken against any person found to have engaged in prohibited behavior, and appropriate alternative remedies to any EXHIBIT 2
429
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 7 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 employee or non-employee subject to discrimination or harassment. To accomplish this, such incidents must be reported immediately to a supervisor or manager.
1. Employee's and Non-Employee's Responsibilities when Subjected to Discrimination and/or Harassment
a. Employees or non-employees who believe they have been subjected to discrimination or harassment, or are aware of discrimination or harassment against others, shall report the situation immediately to his/her supervisor or manager, except as specified in subsection (b), below. Employees and non employees shall report any such incidents occurring in the workplace, whether committed by coworkers, supervisors or managers, or third persons doing business with the City, such as customers or vendors, or other non-employees. If
comfortable doing so, an employee or non-employee who has a complaint of discrimination or harassment is encouraged to directly inform the person(s) engaging in the behavior that such conduct is offensive and insist the behavior to stop.
b. Employees and non-employees must immediately contact a supervisor or manager to register a complaint of discrimination or harassment, unless that supervisor or manager is the individual engaging in the unwanted behavior. In that case, the employee or non-employee may contact someone at the next supervisory level. If the employee or non-employee feels uncomfortable dealing directly with his or her immediate supervisor or manager, he or she may contact the department head, or the Director of Human Resources (or either of their designees) to register a complaint of discrimination or harassment.
c. Employees and non-employees may file a formal complaint of harassment or discrimination with their department head or EXHIBIT 2
430
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 8 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 with Human Resources. To assist the City in conducting a thorough investigation, complaints shall be submitted in writing and shall include specific details of the incident(s), the names of the individuals involved, the names of any witnesses, and any documentary evidence (notes, pictures, cartoons, etc.) that will corroborate the allegations.
d. Employees and non-employees shall immediately report any retaliation to a supervisor, manager, department head or Director of Human Resources (or designee). All retaliation complaints shall be immediately, objectively and thoroughly investigated in accordance with the investigation procedures.
If a report of retaliation is substantiated, appropriate disciplinary action, up to and including discharge shall be taken.
2. Supervisor's or Manager's Responsibilities to Eliminate Discrimination and/or Harassment
a. A supervisor or manager is responsible for enforcing the City's discrimination and harassment policy. Supervisors or
managers must ensure that all employees and non-employees are aware of the City's policy through open discussion of the policy at staff meetings and by posting the policy in a conspicuous location accessible to all staff members.
b. A supervisor or manager shall be cognizant of employees' and non-employees' behavior and shall not permit any employee or non-employee under their supervision to be subjected to or engage in any conduct prohibited by this policy.
c. A supervisor or manager who observes conduct prohibited by this policy shall immediately direct the employee or non employee to cease the conduct.
EXHIBIT 2
431
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 9 of 14
DISCRIMINATION AND Revised From:
HARASSMENT POLICY
Effective Date:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 d. A supervisor or manager who receives a complaint of
prohibited conduct is required to take the complaint seriously, and report the matter immediately to the department head; be supportive of the complainant; ensure there is no retaliation against the complainant; conduct an internal fact-finding review into the allegations; obtain as much detailed information as possible; thoroughly document the findings; communicate in written form to the parties the resolution of the complaint; and report to and consult with the Human Resources Department promptly, without delay.
B. Confidentiality. The City will make every effort to protect the privacy and confidentiality of all parties involved, as well as any information and/or documentation obtained, to the extent possible consistent with a thorough investigation.
C. Penalty for Non-Compliance. The City shall take disciplinary action, up to and including discharge, against any supervisor or manager who fails in his/her responsibility to take immediate action in response to an employee's or non-employee's complaint of discrimination or harassment. Further, such disciplinary action shall be taken against a supervisor or manager who fails to stop discriminatory or harassing conduct committed in his/her presence or to stop such conduct about which the supervisor or manager has knowledge.
V. INVESTIGATION PROCEDURES
A. Determination of Responsibility for Investigation
If a formal complaint is filed with the department head or the Director of Human Resources (or either of their designees), the department head and the Director of Human Resources shall consult with one another to determine whether the department or Human Resources shall conduct the fact-finding investigation into the allegations. Either the department head or the Director of Human Resources (or either of their designees), depending on who is EXHIBIT 2
432
Subject:
B.
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.10 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment In the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 responsible for the investigation, shall issue written notification to the complainant and alleged harasser(s). The notification shall specify the nature of the complaint, and inform the parties that an investigation into the allegations of discrimination and/or harassment shall be conducted.
Investigative Guidelines
The investigation shall include the following steps taken in the order best suited to the circumstances:
1. Identify and preserve the evidence.
2. Confirm the name and position of the complainant. Interview the complainant.
3. Allow the complainant the opportunity to place the complaint in writing.
4. Obtain the identity of the alleged harasser(s).
5. Obtain as many details as possible regarding the incident(s) that prompted the complaint, including the number of occurrences, dates, times, locations, and witnesses (if applicable).
6. Ascertain how the complainant felt about the alleged incident when it occurred; complainant's response(s) to the alleged behavior; and witness statements (if applicable).
7. Ascertain if any threats or promises were made in connection with the alleged harassment.
8. Ascertain if the complainant knows of or suspects that there are other victims of harassment by the same person(s).
9. Ascertain whether the complainant has spoken to anyone, especially EXHIBIT 2
433
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No. 11 of 14
DISCRIMINATION AND
HARASSMENT POLICY
Effective Date: Revised From:
7/27/09
5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment m the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 supervisors, about the harassment.
10. Ascertain what resolution would be acceptable to the complainant.
11. Interview the alleged harasser to get his or her side of the story, including any possible motivation for a false allegation.
12. Interview witnesses who were identified by the complainant regarding the alleged harasser or other persons identified during the investigation.
13. Interview witnesses who were identified by the alleged harasser or other persons identified during the investigation.
14. Advise all participants that the investigation is "confidential" and not to engage in any retaliatory conduct, as such conduct is subject to disciplinary action up to and including discharge. Confidentiality will be maintained to the extent possible. An individual who is interviewed during the course of an investigation is prohibited from discussing the substance of the interview, except as otherwise directed by a supervisor or the Director of Human Resources. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriate sanction.
15. Conduct follow-up interviews, if warranted.
16. Prepare report of findings and discuss with management and designated legal staff.
VI. RESPONDING TO THE COMPLAINT
A. Following the completion of the fact-finding investigation, either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation, shall EXHIBIT 2
434
Subject:
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Directive No. HR-15 Page No.12 of 14
DISCRIMINATION AND Effective Date: Revised From: HARASSMENT POLICY 7/27/09 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 make a report of findings, along with a recommendation regarding the appropriate remedial action to be taken, if warranted. The recommendation shall be made after reviewing the findings of the investigation, giving consideration to all factual information, the nature of the alleged conduct, and the totality of the circumstances. If the investigation was conducted by the Director of Human Resources, or designee, the Director, or designee, shall confer with the affected department head and both shall concur on the remedial action to be taken, if any. If the investigation was conducted by the department head, the department head shall confer with the Director of Human Resources prior to making the report of findings and both shall concur on the remedial action to be taken, if any.
B. If either the department head or the Director of Human Resources does not concur with the findings and recommendation of the other, the City Attorney (or designee) shall review and resolve the matter in dispute.
C. Report of findings and recommendation shall be treated as a confidential document and no other distribution shall be made without first consulting with the City Attorney's Office. A completed investigation report will not be disclosed, except as it is deemed necessary to support a disciplinary action, to take remedial action, to defend the City in adversarial proceedings, or to comply with the law or court order.
D. Either the department head or the Director of Human Resources (or either of their designees), depending on who is responsible for the investigation shall provide a written response to the complainant and the person alleged to have committed the misconduct, discrimination and/or harassment. The response shall include a copy of the City's discrimination and harassment policy and a memorandum indicating the City's determination as to whether the complaint is:
1. Unsustained: The investigation failed to disclose sufficient evidence to substantiate the allegation(s).
2. Unfounded: The investigation proved that the act(s) or omission(s) EXHIBIT 2
435
CITY OF STOCKTON, CALIFORNIA
CITY MANAGER ADMINISTRATIVE DIRECTIVE
Subject: Directive No. HR-15 Page No. 13 of 14
DISCRIMINATION AND Effective Date: Revised From:
HARASSMENT POLICY 7/27/09
3. 5/1/2015 4/6/09
3/1/2010
(see below)
PER-015 (Sexual Harassment in the Workplace) revised from 10/21/94, 5/1/95, 1/1/98 PER-037 (Sexual Harassment Investigative Procedures) revised from 2/15/93 complained of did not occur. The finding also applies when the individual employee(s) named in the complaint were not involved in the act(s) or omission(s) alleged.
Sustained: The investigation disclosed sufficient evidence to substantiate the allegation(s) made in the complaint; appropriate action will be taken.
E. Details regarding any specific fact-findings or disciplinary action to be taken will not be communicated to the complainant. The City Attorney shall review the response for legal sufficiency before dissemination.
F. The City shall close and retain the investigation file, in accordance with applicable laws, regulations, and City policy regarding retention of City records.
VII. DISCIPLINE
Disciplinary action imposed as a result of any investigation conducted pursuant to this policy shall be commensurate with the severity of the offense, up to and including discharge, even for a first offense.
VIII. ALTERNATIVE REMEDIES
If upon exhausting all internal remedies to file, investigate, and respond to a charges of discrimination/harassment, pursuant to title VII of the Federal Civil Rights Act of 1964 (42 U.S.C §§ 2000e et seq.), any person has a right to file a charge of discrimination/harassment with the Equal Employment Opportunity Commission ("EEOC"). In addition, pursuant to the California Fair Employment and Housing Act (Gov. Code §§ 12900 - 12996.) a person may also file a complaint of discrimination/harassment with the California Department of Fair Employment and Housing ("DFEH"). Employees or non-employees who believe that they have been subjected to discrimination/harassment may file a complaint with either of these EXHIBIT 2
436
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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City of Stockton
Legislation Text
File #: 26-0813, Version: 1
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Number of Cases: One
Pursuant to Government Code section 54956.9(d)(2) to discuss matters pertaining to the threat of litigation.
City of Stockton Printed on 9/11/2026Page 1 of 1
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City of Stockton
Legislation Text
File #: 26-1019, Version: 1
COUNCIL COMMITTEE/BOARD AND COMMISSION MINUTES
RECOMMENDATION
Information item only. No action required.
City of Stockton Printed on 9/11/2026Page 1 of 1
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