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030116 - Agenda - Regular Meeting
v1a1 1 wuu City Council Agenda Tuesday, March 1, 2016 6:00 p.m. Study Session - Room CC -8 6:30 p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Nancy A. Lyons Mayor Carol Herrera Council Member Ruth M. Low Council Member Jimmy Lin Mayor Pro Tem Steve Tye Council Member City Manager James DeStefano • City Attorney David DeBerry • City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond ear uses recycled paper and encourages you to do the same. I�]LS11P[�l'i!I�7:1�1 ZaY�TL�i•]Yf,�i�71�����1![Hil.# Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Time -Warner Cable Channel 3 and Verizon ROS television Channel 47. You are invited to attend and participate. Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. - Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time -Warner Cable Channel 3, ROS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 CITY OF DIAMOND BAR CITY COUNCIL AGENDA March 1. 2016 Next Resolution No. 2016-05 Next Ordinance No. 04 (2016) 1. STUDY SESSION: 6:00 p.m., Room CC -8 110- FY 2016-17 City Council Goals and Objectives — Discussion and Action. Public Comments: 2. REGULAR MEETING CALL TO ORDER: PLEDGE OF ALLEGIANCE INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Pastor Tim Park, Evangelical Free Church Council Members Herrera, Low, Tye, Mayor Pro Tem Lin, Mayor Lyons Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation to "Report for Reward" recipient Charles Fisher. (Continued from February 16, 2016). 1.2 Presentation of City Tile to outgoing Planning Commissioner Bob Nishimura and Parks and Recreation Commissioner Ted Owens. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. MARCH 1, 2016 PAGE 2 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Introduction of Lt. Phillip Marquez newest member of the Diamond Bar Sheriff's Team. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — March 8, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Traffic and Transportation Commission Meeting — March 10, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 City Council Meeting — March 15, 2016 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. (Possible adjournment to March 22, 2016). 5.4 Planning Commission Meeting — March 22, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. (Cancelled). 5.5 Parks and Recreation Commission Meeting — March 24, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.6 State of the City — March 30, 2016 — 6:00 p.m., Diamond Bar Center, 1600 Grand Avenue. 6. CONSENT CALENDAR: 6.1 Waive reading in full of all ordinances and resolutions and adopt the Consent Calendar. MARCH 1, 2016 PAGE 3 6.2 City Council Minutes — Regular Meeting of February 16, 2016. Recommended Action: Approve as submitted. Requested by: City Clerk 6.3 Ratification of Check Register — Dated February 11, 2016 through February 24, 2016 totaling $762,553.58. Recommended Action: Ratify. Requested by: Finance Department 6.4 Treasurer's Statement — Month of January, 2016. Recommended Action: Approve. Requested by: Finance Department 6.5 Approval of Agreement with Exterior Products Corporation for Services Related to Vertical Street Pole Banners, in an Amount Not -to -Exceed $50,000 Annually for the Term of 3/1/16 through 6/30/19. Recommended Action: Approve. Requested by: Community Services Department 6.6 Award a Design and Construction Administration/Inspection Services Contract for Area 4 Residential and Collector Street Rehabilitation to Onward Engineering, Inc. in the Amount of $119,753 and Authorize a Contingency Amount of $12,000 for Change Orders to be Approved by the City Manager for a Total Authorization Amount of $131,753. Recommended Action: Award. Requested by: Public Works Department 6.7 Approval of Contract Amendment No. 5 with Fehr & Peers for the Development of the Adaptive Traffic Control System Request for Proposal (RFP) and Travel Time Data Collection the Amount of $26,900, Plus a Contingency Amount of $3,000 for a Total Authorization of $29,900. Recommended Action: Approve. MARCH 1, 2016 PAGE 4 Requested by: Public Works Department 6.8 Adopt Resolution No. 2016 -XX: Authorizing Participation in the MICTA Master Services Agreement (Contract Number 155AN-FBOS2014-0317) Government Purchasing Program and Authorizing the City Manager to Enter into a Seven Year Agreement with Time Warner Cable to Purchase Increased Internet Bandwidth for a Total Not -to -Exceed Amount of $87,360 ($12,480 Annually). Recommended Action: Adopt. Requested by: Information Systems Department 6.9 Adopt Resolution No. 2016 -XX: Amending the City's Personnel Rules and Regulations Effective March 2, 2016; and Repealing Resolution No. 2008-34 in its Entirety. Recommended Action: Adopt. Requested by: Human Resources Division 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 Approve First Reading of Ordinance OX (2016) the City of Diamond Bar Amending Sections 2.20.040 and 2.20.070 of Chapter 2 of the Diamond Bar City Code Relating to the Administration of a Personnel System. Recommended Action: Approve First Reading by title only waive full Reading. Requested by: Human Resources Division 8.2 Approval of Adjourning the March 1, 2016 City Council Meeting to March 22, 2016. Recommended Action: Approve. Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Memo To: Honorable Mayor and Members of the City Council From: Ryan McLean, Deputy City Manager CC: James DeStefano, City Manager Date: February 24, 2016 Re: FY 2016-17 City Council Goals & Objectives As is customary during the preparation of a new municipal budget, the City Council begins the process of developing its annual Goals & Objectives. At the March 1, 2016 Study Session, staff will present the draft Goals & Objectives for FY 2016-17 and turn over the discussion to the City Council. Upon incorporation of the Council's direction at the Study Session, staff will bring a finalized version to a future City Council meeting for adoption and inclusion in the adopted budget document. Attached to this memo are the draft City Council Goals & Objectives as recommended by staff. This recommended version identifies City-wide goals (in bold on the draft) with specific and measurable objectives in each category. Staff recommends the Council adopt the goals in this slightly amended form to clearly and publicly identify its strategic plan and associated tasks/work product for FY 2016-17. The identification of specific and detailed objectives should also assist the City Council and staff in preparing the budget to include the resources necessary to accomplish the tasks on the approved Goals & Objectives. If approved by the City Council, the objectives will be assigned by the City Manager to specific departments/staff for completion. Quarterly updates for each objectives (including performance measures where applicable) will then be provided to the Council for their information as progress is made. Please contact me with any questions. City Council Goals & Objectives/Strategic Plan FY 2016-17 1. Develop and implement responsible fiscal policy that ensures long-term financial sustainability. 1.1 Secure additional long-term General Fund revenues by enhancing and diversifying the City's sales tax base. 1.2 Develop and consider options to increase the City's Transient Occupancy Tax (TOT or "hotel room tax") rate. 1.3 Prepare a long-term fiscal sustainability report with strategies to meet future community needs and associated maintenance, renovation, and improvement costs. 1.4 Conduct a City-wide User Fee Study to determine full cost recovery levels of all City services. 1.5 Identify subsidized programs and consider policy options to eliminate or reduce subsidies. 1.6 Prepare a use analysis for the Diamond Bar Center to determine historical trends and identify revenue -generating opportunities, including actively marketing the facility to the business community for weekday conference use. 1.7 Return maintenance responsibilities to the five homeowner's associations in Lighting & Landscape Assessment District (LLAD) #41. 2. Pursue transportation infrastructure improvements that mitigate traffic congestion in Diamond Bar. 2.1 In cooperation with the City's project partners, complete the 57/60 Confluence Project. 2.1.1 Complete construction of the westbound SR -60 on-ramp from Grand Avenue (Phase One). 2.1.2 Commence construction of the westbound SR -60 off -ramp and auxiliary lane to Grand Avenue (Phase Two). 2.1.3 Complete design of local improvements at Grand/Golden Springs and Diamond Bar Golf Course frontage and prepare for construction (Phase Three). 2.1.4 Secure Construction funding for the 57/60 freeway mainline improvements, bypass connectors, and Grand Avenue bridge widening project (Phase Four). 2.2 In cooperation with the City's project partners, secure funding and complete the 57/60 "big fix" project, which includes missing connectors and carpool lanes. 2.1.1 Complete a feasibility study to determine the preferred and most effective options. 2.1.2 Continue federal advocacy efforts necessary to secure funding. 2.3 In cooperation with the City's project partners, complete the Lemon Avenue oh/off ramp project. 2.3.1 Commence construction 1" Qtr. FY 2016-17. 2.4 Advocate for transportation solutions that are equitable in distribution of goods movement traffic and maintain opposition to SCAG's proposed east/west freight corridor in the San Jose Creek Wash. 2.5 Optimize traffic flow on the City's arterial streets. 2.5.1 Implement the adaptive traffic control system. 40-030, 3. Implement a long-term economic development policy strategy that attracts and retains ^ quality small businesses and national/regional credit tenants. Y� r 3.1 In cooperation with the property owners, redevelop the K -mart site to include new retail and restaurant options. 3.2 Pursue a well-qualified developer and begin construction on a hotel project at the former Honda property and/or Brea Canyon Road trailer/storage site. 3.3 Launch the Dining Diamond Bar media campaign to promote local restaurant options. 3.4 Continue the Mayor's monthly meetings with local business leaders. 4. Maintain a safe, sustainable and healthy community. 4.1 Complete a comprehensive update to the City's General Plan 4.1,1 Approve a contract with the consulting firm. 4.1.2 Form General Plan Advisory Committee and associated subcommittees. 4.1.3 Begin the public engagement process. 4.2 Encourage participation in Neighborhood/Business Watch groups and enhance communication to groups already in place. 4.3 Maintain and enhance the City's emergency response readiness/preparedness through staff training/exercises/simulations, policy development and public education. 4.4 Begin waste hauler franchise review and negotiation process. 4.5 Update the City's ADA self-evaluation and transition plan. 4.6 Establish a "quiet zone' on the MetroLink train line at Lemon Avenue near Walnut Elementary. S. Provide an open, efficient and responsive local government. 5.1 Launch a redesigned City we bsite that includes the latest technologies, streamlines the user experience, enhances public engagement, communication and reporting opportunities, and expands access to public information and documents. 5.2 Upon launch of the new web site, conduct a marketing campaign to promote the new website as the primary source of City information and news. 5.3 Make a live stream of the DBty Government Access Channel available on the City's website. 5.4 Continue efforts to image and catalogue public records across departments. 5.5 Expand online permit and business license application portals. 5.6 Develop an updated e -government plan. 6. Provide and maintain high quality public facilities, infrastructure, and equipment. 6.1 Develop and consider options for a property -based assessment to fund parks and recreation and athletic field capital improvement projects. 6.2 Complete annual fiscal year Capital Improvement Plan (CIP) projects on time and within budgets. 6.3 Develop plans to incorporate the !streetscape features of the Grand Avenue Beautification project at other arterial intersecticros and City entry points. 6.4 Complete a parks and facilities infrastructure inventory and maintenance schedule. 6.5 Review all current landscape maintenance contracts and update associated scope of work as necessary to meet current needs and standards. O 6.6 Develop a fleet management and replacement plan. 7. Provide high quality community and recreation programs and services that meet the needs of the diverse Diamond Bar community. 8. Develop and maintain a professional and effective workforce to serve the public. 8.1 Conduct succession planning efforts to prepare for a transitioning workforce. 8.2 Implement a new employee performance management system, including a revised evaluation process, form and training. 8.3 Expand employee training and leadership opportunities that result in improved customer service. Agenda No. 6.1 • .� a t • s • r •i There is no report for this agenda item. Agenda No. 6.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR @M[py FEBRUARY 16, 2016 CALL TO ORDER: Mayor Lyons called the Regular City Council meeting to order at 6:32 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Lyons led the Pledge of Allegiance. INVOCATION: Pastor Troy Wong, Gateway Friends Church provided the invocation. ROLL CALL: Council Members Herrera, Low, Tye, Mayor Pro Tem Lin and Mayor Lyons. Staff Present: James DeStefano, City Manager; David DeBerry, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Amy Haug, Human Resources Manager; Cecilia Arellano, Public Information Coordinator; Anthony Santos, Senior Management Analyst; and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: CM/DeStefano requested that Consent Calendar Item 6.5 and Item 1 under Special Presentations be continued to March 1, 2016. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation to "Report for Reward" recipient Charles Fisher. (Continued to March 1, 2016). 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None, 3. PUBLIC COMMENTS: Pui-Ching Ho, Diamond Bar Library, announced upcoming library events including Black History Month Program on Saturday, February 20 at 2:00 p.m.; Chinese Calligraphy workshop on February 23 at 3:00 p.m.; special performance of the Bejing Opera performers and students from the Diamond Bar Chinese School on Saturday, February 27 at 2:00 p.m. (co-sponsored by the Diamond Bar Chinese American Association). For additional information and programs check the website at www.colapublib.org Cynthia Smith, 500 Bellows Court, a 29 -year resident, spoke about development near their home and the need to upgrade City Codes to conform to the Oak Woodland Protection Act of 2014. She said she was not referring to single or any stand or clump of oak trees but California Live Oaks where the designation begins with two trees close enough to interact and create a special environmental relationship. Supporting hundreds of wildlife species, oak woodland is natural landscape that is not confined to parcel boundaries. The City's native live oak woodland has withstood the stresses of drought for centuries, thriving and flourishing. They are proven essential carbon sequesters FEBRUARY 16, 2016 PAGE 2 CITY COUNCIL and counter negative impact of global climate changes. Regarding protected native trees, existing City Municipal Codes have not been changed since 1988 to 2002 to reflect the new Oak Woodland Protection Act. She (referring to "we) questioned the validity of Section 22.38.030 (5) and said we believe it should be changed to reflect a precise description of oak woodland instead of a simplistic "stand of oak trees" that disregards the essential environmental connections of that habitat. She (again referring to "we") also questioned Section 22.30.60 (8) and said "we" think it should be explained in detail as to why native trees are exempt from protection if on one-half acre or less. She showed a photograph of her personal situation and asked why is a native oak not protected on a half -acre or less when for example, her property is .63 acres and she has over nine oak trees on her hillside. She further stated that we question the purpose of number 8 and wonder if it favors development and perhaps fails to conform to the lawful process of responsibly removing protective native trees. To allow frivolous destruction of native live oak trees which form oak woodland is an egregious violation of the goals of state laws and the environment we claim to protect. We have witnessed upon our own woodland hills illegal destruction of mature live oak on private property to allow for a panoramic view. She further stated that calls to the City's code enforcement were unanswered and unfortunately, the red tail hawk nest in that tree for over 20 years is gone forever (as depicted in picture #2). We ask rather than interpreting native trees and vegetation as separate flora disconnected from other valuable environmental sources understand that the groups of oak trees, as little as two closely placed, interact in our oak woodland eco regions. Special consideration ought to be given to parcels overlaying oak woodland and native habitat areas above and below hillsides such as Bellows Court, Armitos Place, Gold Rush Drive and many other locations throughout the city. The Oak Woodlands Protection Act is a public resource code California Environment Act since 2011. Each county was mandated to develop a conservation plan and Los Angeles County has done so. Diamond Bar appears to be ignorant of this important state historical act which is a serious effort to preserve and conserve native oak woodlands for generations to come. We are asking for the City of Diamond Bar to recognize this act and join the conservation program. Michelle Yi, 2865 Woodbridge Court, said she has resided in Diamond Bar for 18 years. She returned this evening to share her thoughts with the City Council in a peaceful and reasonable manner but with all due respect, she felt that her last speech at the last meeting was not met with the appropriate response by CM/DeStefano. He stated that the DBCEA Board should have enlarged the entrance to the community when it had an opportunity to do so. She does not know how much it will cost to do such a project at today's prices but according to a preliminary study done several years ago by the Diamond Bar Country Estates, enlarging one of the gates would cost several million dollars. In her opinion, Mr. DeStefano was asking 890 homeowners to contribute several thousand dollars per home to accommodate Millennium who breached its contract with DBCE. She asked the City Council and CM/DeStefano if they would spend millions of dollars to renovate their driveways to accommodate someone who planned to FEBRUARY 16, 2016 PAGE 3 CITY COUNCIL use their driveway to build 48 homes without their consent. She felt that CM/DeStefano's response to her comments lacked common sense and was heavily favorable to Millennium. Country Estates Homeowners will continue to attend City Council meetings and continue efforts to relay their message to their elected officials and would appreciate it if they were not preached on by Mr. DeStefano or the Millennium representative Kurt Nelson. As for Mr. DeStefano, what he shared with the homeowners on September 11, 2014 during a city sponsored meeting, Millennium has access through Glen Gate via Toner Canyon. Let them build their own roads and their own gates. The DBCE road adjusts at a marginal point where the 890 homeowners, their guests and vendors could use appropriately no more. Kurt Nelson, Millennium Diamond Road, 54 Rosenblum, Irvine, said that anyone has a right to oppose any development but he objects to the fact that week after week after week Michelle and others come up and say things that simply are not true or they say things that are couched in language that is very, very misleading. The company is Millennium Diamond Road. The name Millennium, unfortunately, is a hangover from another company that was a partner in the development back in 2006 and they went bankrupt. They are out of the picture. Mr. and Mrs. Chung dug deep and bought that half of the property and partnership. The people he works for have far more money than the defunct Millennium entity and more money than JCC Homes had. This company is on very good financial footing. Please stop saying that there have been multiple bankruptcies and that these folks cannot pull off the development. As far as the ongoing claim that they sued everyone in the homeowners association, the lawsuit is against the corporate entity the homeowners association because when it became the board that Ms. Yi joined, locked Mr. Chung out of the development and that resulted in a lawsuit. The Millennium parties made a settlement offer out of the court-ordered mediation in August which Ms. Yi and the other board members, after leaving the mediation with the understanding that that would be taken to the 800 plus members for a vote, elected not to do so. So those homeowners do not know about that offer. As far as refusing to pay the annexation fee, he has numerous emails and correspondence that after the worst recession in any of our lifetimes, the Chungs offered to pay the $3,000 per lot that would be due under the annexation agreement at the grading permit, even though the Map had not yet recorded. The next big number that was due had to do with defraying the costs of an additional gate through Pathfinder which, no fault of their own, the Diamond Bar Country Estates Board could not make happen. There was substantial monies offered over a new payment schedule, there was a new board elected about the time of the lockout, the DBCE counsel Millennium Diamond Road was dealing with was fired and new legal counsel came on board and the negotiations went way, way, way, way up. So please stop saying that the Chungs ignored the payments called for under the annexation agreement. Mr. Nelson said he does not laugh at the speakers. He remembers when he built Ms. Yi's house as well as some of the other homes whose owners are FEBRUARY 16, 2016 PAGE 4 CITY COUNCIL applauding the opposition. At that time he heard the same things from people who did not want Crystal Ridge. Again, people have every right to oppose the development and come to speak about whatever they will as long as it is true. There seems to be a feeling that because it is a developer it is "okay." He wished that everyone who spoke on this development who wanted to be civil and polite. 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responding to Ms. Smith's comments about her concern with respect to Oak trees and Oak Woodland Protection Act. He is not familiar with that Act; however, the City's General Plan has had language protecting various species of trees including oak trees since 1995. And to implement that policy statement within the General Plan, in about 1998 the then City Council adopted components of the Development Code also to protect oak woodland and other species of interest within the city. He does not recall the details but there was some concern by private parties regarding oak trees on their lots, small lots and not subdivisions, but more single family homes that may have enough acreage for an addition or tear down/build again types of projects. About 1998 it was the City Council's conclusion that certain sized parcels should be exempted, hence the exemption in the Code for parcels of %2 acre or less. Staff will take a look at the issue. It is relevant with respect to a specific application that is currently before the Planning Commission for consideration as a public hearing matter which is a case the speaker may have an interest in that concerns an addition on a home that has at least one oak tree. Depending on the conclusion of that matter that hearing item may find its way to the City Council and to be safe the Council should avoid any conversation about that matter at this time. With respect to The Country Estates, CM/DeStefano stated that the issue that was raised at a previous meeting and a prior meeting was concerning capacity at the front gate or perhaps both gates of The Country Estates that the estates and its board of elected representatives totally controls. Just like a City Council that board has the ability to set rules, to seek approval from the voters (property owners) where required, to condition development in some but not all cases where there has been prior approval, but the board certainly has the ability to negotiate. Just like the City Council if there is a development that is proven to be impactful wholly or partially to a street intersection or the gates to The Country Estates, the association has the ability to negotiate and hopefully extract appropriate conditions which means that they could do so in either a joint venture basis or do so entirely at the cost of the developer. The board has to figure that out and they have the ability within the parameters of their rules, regulations, bylaws, etc. And that is what he was trying to express, that this is not something that just happened as a result of the most current project of topical interest. It may be a growing issue over many years but it is something that is in its whole on private property and that association, The Country Estates Homeowners Association, needs to figure out how to best handle the situation. FEBRUARY 16, 2016 PAGE 5 CITY COUNCIL C/Tye said that the photo provided to the City Council by Ms. Smith appears to show Armitos on the way to Pantera and Bellows Court would be off of that. It sounded like she said development was taking place. He asked CM/DeStefano if he was aware of any development taking place at the end of Bellows, Topside or Armitos. CM/DeStefano said he has not seen the package but that it was his understanding from CDD/Gubman that there is a single family home project at the end of Bellows Court that may affect the placement of this tree which is the matter that is presently before the Planning Commission as a public hearing matter. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Third Annual Bridal Show — February 21, 2016 — 11:00 a.m. to 3:00 p.m. — Diamond Bar Center, 1600 Grand Avenue. 5.2 Planning Commission Meeting — February 23, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Parks and Recreation Commission Meeting — February 25, 2016 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 City Council Meeting — March 1, 2016 — 6:30 p.m., AQMD Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, C/Low seconded, to approve the Consent Calendar with Item 6.5 continued to March 1, 2016, MPT Lin removing Item 6.7 for separate consideration and abstaining from approval of Item 6.2. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons None None 6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS AND ADOPT THE CONSENT CALENDAR. 6.2 APPROVED CITY COUNCIL MINUTES — Regular Meeting of February 2, 2016 — as presented. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES: (a) Regular Meeting of October 22, 2015. (b) Regular Meeting of November 19, 2015. FEBRUARY 16, 2016 PAGE 6 CITY COUNCIL 6.4 RATIFIED CHECK REGISTER — Dated January 28, 2016 through February 10, 2016 totaling $1,015,874.50. 6.6 APPROPRIATED $134,747 OF PROP A FUNDS TO THE FY 2015-16 CIP BUDGET; ADOPTED RESOLUTION NO. 2016-03: APPROVING PLANS AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT ACCOUNT; AWARDED A CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL INFRASTRUCTURE UPGRADES PROJECT TO ELECNOR BELCO ELECTRIC, INC. IN THE AMOUNT OF $396,957 AND AUTHORIZED A CONTINGENCY AMOUNT OF $40,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $436,957. 6.8 APPROVED CONTRACT AMENDMENT NO. 1 IN THE AMOUNT OF $50,000 FOR A NOT -TO -EXCEED TOTAL COST OF $125,000 PER FY WITH DAVID EVANS AND ASSOCIATES, INC. (DEA) TO PROVIDE LANDSCAPE PLAN CHECKING SERVICES FOR THREE FY (2015-16 THROUGH 2017-18) WITH AN OPTION FOR TWO ONE-YEAR EXTENSIONS. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.5 AUTHORIZATION TO EXCEED THE CITY MANAGER'S PURCHASING AUTHORITY OF $40,000 TO EXTEND VENDOR SERVICES FOR VERTICAL STREET POLE BANNERS PROVIDED BY EXTERIOR PRODUCTS IN AN AMOUNT NO -TO -EXCEED $50,000 FOR FY 2015- 16. (Continued to March 1, 2016) 6.7 AWARD A DESIGN AND CONSTRUCTION ADMINISTRATION/ INSPECTION SERVICES CONTRACT FOR AREA 4 RESIDENTIAL AND COLLECTOR STREET REHABILITATION TO ONWARD ENGINEERING IN THE AMOUNT OF $119,753 AND AUTHORIZE A CONTINGENCY AMOUNT OF $12,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $131,753. MPT/Lin stated that during his review of this item he noticed that the company being awarded the contract has a substantially lower proposal than all of the other companies that offered bids on this project. He said he was concerned that there are new laws governing inspectors and what their benefits should be and the company with the fewest inspections must be registered with the Department of Industry Relations to acknowledge they are paying their inspectors a prevailing wage (about $67.48). This proposal seeks a contract bid that provides for a qualified contractor as well as a low bid. However, the proposal states that their cost for an inspector is $90 per hour which, according to his calculations would not provide a break-even figure of $110 per hour. Some companies hire FEBRUARY 16, 2016 PAGE 7 CITY COUNCIL contract labor which is prohibited by California Law. If a company wants a task performed on a regular basis it has to be a company employee. He wants to save money and at the same time make sure that contractors follow state law. PWD/Liu stated that he does not have the answer regarding the inspection fee this evening. However, on the design side of the project, both the designer and the owner in this case was a former engineer for another city and he knows the rules and requirements. The design portion of this work involves an in-house employee. For the inspection, over the years he has seen Onward utilize outside consultants or sub -consultants for specific tasks. If the Council directs staff to do so this item can be continued for two weeks to allow staff to come back with a full report on the review of the inspection services. MPT/Lin said his concern does not involve the design portion of the project, only the inspection services. MPT/Lin moved, C/Herrera seconded, to continue the item to March 1, 2016 to provide PWD/Liu and the City Attorney time to verify that Onward Engineering is not using contract labor but a company employee to perform the work and that the $90 per hour is adequate for the inspection fee. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: Herrera, Low, Tye, MPT/Lin, M/Lyons None None 8.1 ADOPT RESOLUTION NO. 2016-04: AMENDING THE FY 2015-16 MUNICIPAL BUDGET. CM/DeStefano stated that the City Council adopted its current operating budget in May 2015 and periodically, staff brings forward changes and adjustments as the need arises. Tonight staff is bringing forward the mid- year budget adjustments for which FD/Honeywell will provide the details. FD/Honeywell stated that the purpose of the report is to update the City Council on the City's financial condition at the mid -point of the 2015-16 Fiscal Year and to make the appropriate adjustments to the budget. The City has continued to see moderate increases in most revenue sources which is a positive indicator of an improving local economy. Property tax and sales tax revenue represent just over 58 percent of the General Fund FEBRUARY 16, 2016 PAGE 8 CITY COUNCIL Revenue, so meaningful increases in these categories are important financial indicators for the City. Property tax revenue is tracking on - budget for Fiscal Year 2015-16 which had been increased over the FY 2014-15 actuals by 2 Yz percent. Sales tax is being adjusted at mid -year by nearly $350,000 due primarily to better than expected results in the business and industry sector, diversification in the sales tax base and final reconciliation or one-time adjustments related to the triple flip. A notable increase in General Fund Revenue can be found in both the Building and Planning Revenue categories. Building Fee Revenue has been adjusted due to overall increased permit volume related to building activity in the City and Planning Revenue has been increased by $500,000 which is directly related to one-time recognition of unclaimed property that was re - categorized to General Fund Revenue. Overall there is an increase to the General Fund Revenue in the amount of $1,432,000 of which $98,000 is a use of General Fund Reserves. The City has continued to control expenditures in order to best meet the needs of the organization and its residents. Staff is recommending an increase of General Fund Appropriations at mid -year of $209,000 over the current adjusted budget. This increase is due to a variety of things ranging from an increase in utilities and maintenance services to increase professional services related to building permit volume. The details of all of these changes can be found in Exhibit A of staff's report. The adjustment at mid -year will bring projected General Fund Reserves at June 30, 2016 to $15.7 million which is about 58 percent of General Fund Appropriations. Also included in this mid -year report are a variety of adjustments to the Special Revenue Funds, the most notable of which includes an increase in cost -reimbursement revenue of $539,000 related to the Metropolitan Water District Rebate for Turf Replacement in the Medians. Adjustments to the CIP Fund include additional appropriations for the street clock project on Diamond Bar Boulevard, the design of two monument signs and traffic signal infrastructure upgrades. Also included are changes in funding sources for a couple of street projects. C/Tye said that with the price of gasoline being cut almost by half it is interesting to him that the fund has been reduced by only $25,000 due to "lower revenue projections." C/Tye asked if the Council should expect another adjustment. FD/Honeywell responded that the current projections for the Gas Tax Fund are set forth by the California League of Cities and this is what is anticipated at this time. These projections came out in early January and are fairly current. There may be further adjustments as the year progresses. FEBRUARY 16, 2016 PAGE 9 CITY COUNCIL CM/DeStefano said those numbers will likely change. There are other categories where sales tax dollars are rising such as through better sales at many of the City's retail outlets along with anticipation of better numbers since some of the vacant restaurants are now back on line. These numbers would not be reflected in the numbers before the Council at this time but would be by the end of the year when staff provides what it believes will be the final numbers for 2015-16 and presentation of the 2016-17 budget year. C/Low stated that looking at that current charges for General Fund Revenues (Page 2 and 3) there is an increase in volume that increased the total revenues in the planning, building and engineering department. However, she noticed that there is a reduction in the recreation fee of $81,000 which includes fewer adult excursions and cancellation of the Tiny Tots program at Pantera Park. She asked if the cancellations were due to a lack of participation or has that been shifted to other activities. CSD/Rose responded that for the excursions it was due to lack of sufficient enrollment to conduct the excursion. The Tiny Tots program at Pantera Park was canceled this year because the City lost the instructor just prior to commencement of the summer session. Staff anticipates that at some point Heritage will be closed for renovation so rather than refill the Tiny Tot instructor position staff canceled the Pantera Tiny Tots for this year. M/Lyons felt it was very prudent to set aside additional reserves because as C/Tye mentioned the City could be short of sales tax revenue due to the reduction in the price of gasoline. C/Herrera moved, MPT/Lin seconded, to Adopt Resolution No. 2016-04: Amending the FY 2015-16 Municipal Budget. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 CITY COUNCIL APPOINTMENTS TO PARKS AND RECREATION COMMISSION, PLANNING COMMISSION AND TRAFFIC AND TRANSPORTATION COMMISSION. M/Lyons asked for each of the Council Members to announce their appointments to the Planning, Traffic and Transportation and Parks and Recreation Commission. C/Herrera said that she had asked each of her appointees if they wished FEBRUARY 16, 2016 PAGE 10 CITY COUNCIL to be reappointed to their Commissioner positions and each of them, all of whom have done a very good job over the past couple of years, said they wished to continue: Parks and Recreation Commission — reappointing Benny Liang; Traffic and Transportation Commission — reappointing Ed Pechy; Planning Commission — reappointing Jennifer "Fred" Mahlke MPT/Lin said he appointed Raymond W. Wolfe to the Planning Commission last September and he has done a fantastic job according to CDD/Gubman and will continue in that position. Shokoufeh Mirzaei, appointee to the Traffic and Transportation Commission is very enthusiastic about continuing her appointment. Kim Hsieh was appointed by Ling Ling Chang and he understands that she too has done a fantastic job and has asked her to stay on Parks and Recreation Commission. C/Low said she is pleased to offer the following appointees: Manisha Sulakhe, Parks and Recreation Commission who currently serves on the Traffic and Transportation Commission but has a special interest in Parks and Recreation. She thanked Ted Owens for his 10 years of faithful service to the Parks and Recreation Commission. She is pleased to appoint Dr. Cynthia Quan to the Traffic and Transportation Commission. Dr. Quan is a 27 year resident of Diamond Bar. Her children grew up here and participated in school, recreation committees. Dr. Quan recently retired as principal of a school in the Pomona Unified School District. Dr. Quan is involved in many, many charitable organizations and community service and C/Low believes she will be a great addition to the Traffic and Transportation Commission. C/Low said she was pleased to reappoint Frank Farago to the Planning Commission who has served on the Commission for more than three years having served as Chair two years ago. His background is in planning and development and he has a great eye for detail and is very sensitive about development and looks out for the beautification and the welfare of the City's neighborhoods. C/Tye said he was pleased to reappoint Lew Herndon to the Parks and Recreation Commission, Surendra Mehta to the Traffic and Transportation Commission and will be appointing Naila Barlas to the Planning Commission who has spoken to Council many times about the SAPA program she is involved with at Diamond Bar High School. She is a Realtor and a mortgage broker and she and her husband Assad recently remodeled and built an addition to their home and she is familiar with what a good job City staff does. M/Lyons said she was reappointing Dave Grundy to the Parks and Recreation Commission where he has served for many years and offers continuity to the Commission with new Commissioners coming on board. For the Traffic and Transportation Commission she is appointing Mahendra Garg who is a professional engineer and a longtime resident who has a heart for serving his community; and appointing Ken Mok to the FEBRUARY 16, 2016 PAGE 11 CITY COUNCIL Planning Commission who presently serves on the Traffic and Transportation Commission for 10 years. C/Tye moved, C/Low seconded, to approve all of the aforementioned appointments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Low, Tye, MPT/Lin, M/Lyons NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Low stated that she has always said that the greatest asset of this community are its numerous citizens and their volunteerism. It was a lot of fun to attend the Diamond Bar Women's Club Fundraiser on February 6 during which they hosted a Casino Night with the proceeds supporting their scholarship projects which benefits the community. Congratulations to the Women's Club for a successful fundraiser. The Diamond Bar Chinese Association held its Lunar New Year at Diamond Bar High School last Saturday morning with Dragon dances, good food, music and play. She wished everyone a Happy New Year. C/Tye said it was a privilege on behalf of the City to represent the City Council at the investiture of Dr. Soraya M. Coley as the 6th President of Cal -Poly Pomona. She follows Dr. Bob Suzuki who is the first Asian president of Cal -Poly Pomona and Dr. Michael Ortiz who is the first Hispanic president of Cal -Poly Pomona. Dr. Coley is the first woman and first African-American to lead the institution. It was very exciting and she looks forward to having a productive conversation with the City. Congratulations to the Diamond Bar Chinese-American Association for another great Lunar New Year Celebration. Gung Hay Fat Choi. When there is so much talk about everything that could be done or doesn't get done it was nice to hear Pastor Wong talk this evening about raising his family here and about how much they love Diamond Bar and how much there is to do here. It is good to get positive feedback and to be able to thank all of the folks for all of the efforts they make on behalf of the Diamond Bar Chinese America Association and on behalf of the community as well. Job well done by all! C/Herrera reported that Foothill Transit held its strategic planning session about a week ago and participants discussed several topics for the future of Foothill Transit, one being that LA Metro is looking to cancel three bus lines and if Metro finally approves that, Foothill intends to pick up those lines which will mean an increase of service for residents of the San Gabriel Valley. She also reported that bus service going to Mt. SAC is growing and is tremendously successful. Foothill keeps adding more and more buses to enable students to commute by bus rather than drive. A bus pass is $9 for the semester which is a lot cheaper FEBRUARY 16, 2016 PAGE 12 CITY COUNCIL than driving a car and paying the parking fee at Mt. SAC as well as, reducing traffic and pollution around the college. Foothill is talking with Mt. SAC administration about building a transit center which would enable students to more easily buy bus passes and board buses. There was also a discussion about the electric bus program. Currently, Foothill has 15 electric buses running in the City of Pomona and Foothill has decided to expand the fleet over the next several years so that by the year 2030 Foothill will be all -electric with improved technology and will add more charging stations which will allow buses to move outward to Montclair, Azusa, Puente Hills Mall in a triangular route. MPT/Lin said there was a major accident yesterday on Diamond Bar Boulevard just north of Grand Avenue which shut down the entire street for northbound traffic. The Sheriffs deputies did a very good job of incident management and detouring traffic, etc. He echoed C/Tye and C/Low's comments regarding the Chinese American Lunar New Year Celebrations. At one time he served on the board and understands the effort it takes to put together such a successful event. M/Lyons said it was nice to have a full Council and to have all five come to rational decisions. Along with C/Tye and C/Low she attended the Diamond Bar Women's Club Fundraiser which was a lot of fun with 20's music and apparel. She attended the Diamond Bar Chinese Lunar New Year Celebration at Chaparral Middle School earlier in the week which included a puppet show. Also, at Armstrong Elementary School they did the Living Museum for Black History Month where each fifth and sixth grade student assumed the persona of a famous Black American and talked with people as they proceeded through the exhibit. She said it was a lot of fun and believed everyone learned quite a bit. As CM/DeStefano said, Diamond Bar has several new restaurants and she has eaten at two of them over the past couple of weeks, both of which were excellent. She asked residents to try the new restaurants and patronize both the old and new restaurants in Diamond Bar. ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the Regular City Council Meeting at 7:31 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this NANCY LYONS, MAYOR day of 2016. CITY COUNCIL Agenda # 6 .3 Meeting Date: March 1, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City M a TITLE: Ratification of Check Register da t d February 11, 2016 through February 24, 2016 totaling $ 762,553.58 RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 762,553.58 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated February 11, 2016 through February 24, 2016 for $ 762,553.58 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Luisa Allen Accounting Technician REVIEWED BY: Finance Director Attachments: Affidavit and Check Register — 02/11/16 through 02/24/16. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated February 11, 2016 through February 24, 2016 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description General Fund Com Org Support Fund Prop A - Transit Fund Intergrated Waste Management Fund PEG Fees Fund LLAD 38 Fund LLAD 41 Fund Beverage Ctnr Racy Grant Capital Imp Projects Fund Vehicle Maint/Rept Fund Signed: t • %! Dianna Honeywell Finance Director Amount $745,357.42 $1,000.00 $1,225.98 $3,272.33 $4,472.49 $1,946.27 $1,098.89 $360.19 $395.70 $3,424.31 $762,553.58 SUNGARD PENTAMATION INC DATE: 02/23/2016 CITY OF DIAMOND BAR TIME: 08:08:15 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160211 00:00:OD.000' and '20160224 OD:DO:OO.ODO' ACCOUNTING PERIOD: 8/16 PAGE NUMBER: 1 ACCTPA21 -----DESCRIPTION------ FUND - 001 - GENERAL FUND PROMO SUPPLIES-E/DAY 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 115349 02/11/16 4IMPRINI 4IMPRINT INC 1155515 10100 115350 02/11/16 909MAGAZ 909 MEDIA GROUP INC 0014095 10100 115351 02/11/16 ACCESSCO ACCESS CONTROL SECURITY 0015333 10100 115352 02/11/16 AGREDANO ROSA AGREDANO 001 10100 115353 02/11/16 ALASCATH CATHERINE ALAS 001 10100 115353 02/11/16 ALASCATH CATHERINE ALAS 001 TOTAL CHECK 0.00 629.66 10100 115354 02/11/16 DRIVERAL ALLIANT INSURANCE SERVIC 001 10100 115355 02/11/16 APOLLO AMERICAN PAPER OPTICS LL 0014095 10100 115356 02/11/1.6 AMERITEC AMERITECH BUSINESS SYSTE 0014090 10100 115357 02/11/16 CENTERIC ARTESIA ICE SKATING TRAI 0015350 10100 115358 02/11/16 BARRETTT THOMAS BARRETT 0015350 10100 115359 02/11/16 BERRUIRI IRIS V BERRU 0015350 10100 115360 02/11/16 CAWATERS CALIFORNIA WATERS LLC 0015333 10100 115361 02/1.1/16 CERTITRA CERTIFIED TRANSPORTATION 1125350 10100 115362 02/11/16 CLIPROSE ROSETTE CLIPPINGER 001 10100 115363 02/11/16 CPRSXIII CPRS DISTRICT XIII 0015350 1D100 115364 02/11/16 DENNISCA CAROL A DENNIS 0015310 10100 115364 02/11/16 DENNISCA CAROL A DENNIS 0014030 10100 115364 02/11/16 DENNISCA CAROL A DENNIS 0014030 TOTAL CHECK COMM ORG SUPPORT FUND 0.00 200.00 10100 115365 02/11/16 DEPTOFJU DEPARTMENT OF JUSTICE 0014060 10100 115366 02/11/16 DEPTOFTR DEPT OF TRANSPORTATION 0015554 10100 115367 02/11/16 DFSFLOOR DFS FLOORING LP 0014093 10100 115367 02/11/16 DFSFLOOR DFS FLOORING LP 0014093 TOTAL CHECK 10100 115368 02/11/16 DBCFOUND DIAMOND BAR COMMUNITY TO 0114010 10100 115369 02/11/16 DBMOBIL DIAMOND BAR MOBIL 5204090 10100 115370 02/11/16 DIVEPRIN DIVERSIFIED PRINTERS 0014095 10100 115371 02/11/16 DOGDEALE DOG DEALERS INC 0015350 PAGE NUMBER: 1 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT PROMO SUPPLIES-E/DAY 0.00 1,701.73 AD -DBC JAN 2016 0.00 550.00 SECURITY SVCS -JAN 16 0.00 1,098.50 FACILITY REFUND -DBC 0.00 500.00 FACILITY REFUND -DBC 0.00 300.00 FACILITY REFUND -DBC 0.00 35D.O0 0.00 650.00 SPL EVENT INS -OCT -DEC 0.00 10,951.00 PROMO ITEMS-P/INFO 0.00 812.50 COPY SVCS -JAN 2016 0.00 629.66 CONTRACT CLASS -WINTER 0.00 321.00 CONTRACT CLASS -FALL 0.00 180.00 CONTRACT CLASS -WINTER 0.00 7200. MONTHLY MAINT-FEB 0.00 380.00 TRANS -ADULT EXCURSION 0.00 1,225.98 FACILITY REFUND-HRTGE 0.00 200.00 CPRS CAMP -REG STAFF 0.00 75.00 PROF.SVCS-P & R COMM 0.00 100.00 PROF.SVCS-CNCL MTG 0.00 125.00 PROF.SVCS-CNCL MTC 0.00 150.00 0.00 375.00 PROF.SVCS-H/R 0.00 160.00 T/SIGNAL MAINT-OCT-DC 0.00 1,240.01 CARPET MAINT-C/HALL 0.00 550.00 CARPET MAINT-LIBRARY 0.00 1,86D.00 0.00 2,410.00 COMM ORG SUPPORT FUND 0.00 200.00 VEH MAINT-COMM SVCS 0.00 68.88 PRINT SVCS -DB CONN 0.00 3,817.00 CONTRACT CLASS -FALL 0.00 45.60 SUNGARD PENTAMATION INC PAGE NUMBER: 2 DATE: 02/23/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:08:15 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160211 00:00:00.000' and '20160224 00:00:00.000' ACCOUNTING PERIOD: 8/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 115372 02/11/16 ECLECTIC ECLECTIC PRINTING 0015350 SUPPLIES-COMM SVCS 0.00 349.20 10100 115373 02/11/16 EXPRESSM EXPRESS MAIL CORPORATE A 0014090 EXPRESS MAIL-GENERAL 0.00 16.30 10100 115373 02/11/16 EXPRESSM EXPRESS MAIL CORPORATE A 001 EXPRESS MAIL-PL13-555 0.00 18.11 10100 115373 02/11/16 EXPRESSM EXPRESS MAIL CORPORATE A 001 EXPRESS MAIL-PL15-393 0.00 36.22 TOTAL CHECK 0.00 70.63 10100 115374 02/11/16 FEDEX FEDEX 001 E/MAIL-PL 2015-043 0.00 29.26 10100 115374 02/11/16 FEDEX FEDEX 001 E/MAIL-FPL 2013-465 0.00 30.09 10100 115374 02/11/16 FEDEX FEDEX 001 E/MAIL-FPL 2013-300 0.00 30.09 10100 115374 02/11/16 FEDEX FEDEX 0014090 EXPRESS MAIL-GENERAL 0.00 57.84 10100 115374 02/11/16 FEDEX FEDEX 001 EXPRESS MAIL-PL 15-43 0.00 136.72 10100 115374 02/11/16 FEDEX FEDEX 0014090 EXPRESS MAIL-GENERAL 0.00 205.94 TOTAL CHECK 0.00 489.94 1.01.00 115375 02/11./16 FISHERCH CHARLES FISHER 0014411 REPORT FOR REWARD 0.00 500.00 10100 115376 02/11/16 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES-SAND BAGS 0.00 5,962.31 10100 115377 02/11/16 FRANCHIS FRANCHISE TAX BOARD 001 WITHHOLDING ORDER 0.00 22.48 10100 115378 02/11/16 GARYSMIN GARY'S MINI MARKET 0015350 SR VALENTINE DANCE 0.00 2,200.00 10100 115379 02/11/16 CLO13ALST GLOBALSTAR USA 0014070 SUPPLIES-CITY HALL 0.00. 399.56 10100 115380 02/11/16 GOLIVETE GO LIVE TECHNOLOGY INC 0014070 PROF.SVCS-C/VIEW PROD 0.00 4,089.00 10100 115381 02/11/16 GOODYEAR GOOD YEAR AUTO SERVICE C 5204090 VEE MAINT-CONN? SVCS 0.00 834.68 10100 115382 02/11/16 GRUNDYDA DAVID J. GRUNDY 0015350 P & R COMM-JAN 0.00 45.00 10100 115383 02/11/16 GUTIMARC MARCO GUTIERREZ 0014095 PROF.SVCS-A MORGAN 0.00 175.00 10100 115384 02/11/16 HDLCOREN HDL COREN & CONE 0014050 CONTRACT SVC-PRPTY TX 0.00 3,060.00 10100 1.1.5385 02/11/16 HERNDONL LEW HERNDON 0015350 P & R COMM-JAN 0.00 45.00 10100 115386 02/11/16 HOMEDEPO HOME DEPOT CREDIT SERVIC 0014093 SUPPLIES-CITY HALL 0.00 159.78 10100 115386 02/11/16 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015340 SUPPLIES-SNOW FEST 0.00 249.39 10100 115386 02/11/16 HOMEDEPO HOME DEPOT CREDIT SERVIC 0015340 SUPPLIES-PARKS 0.00 323.36 TOTAL CHECK 0.00 732.53 10100 115387 02/11/16 HSIEHKIM KIM HSIEH 0015350 P & R COMM-JAN 0.00 45.00 10100 115388 02/11/16 IMPACTSI IMPACT SIGNS 0014095 BANNERS-BRIDAL SHOW 0.00 784.80 10100 115389 02/11/16 INLAEMPI INLAND EMPIRE MAGAZINE 0014095 AD-DBC JAN 2016 0.00 995.00 10100 115390 02/11/16 INTERIOR INTERIOR OFFICE SOLUTION 1354095 STORAGE CABINETS-P/I 0.00 4,472.49 10100 115390 02/11/16 INTERIOR INTERIOR OFFICE SOLUTION 0014093 WALL MOUNTED RACKS 0.00 1,230.00 TOTAL CHECK 0.00 5,702.49 SUNGARD PENTAMATION INC DATE: 02/23/2016 CITY OF DIAMOND BAR TIME: 08:08:15 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160211 00:00:00.000' and '20160224 00:00:00.000' ACCOUNTING PERIOD: 8/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE IT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX PAGE NUMBER: 3 ACCTPA21 AMOUNT 10100 115391 02/11/16 JACKSONS JACKSON'S AUTO SUPPLY 0015340 SUPPLIES -PARKS 0.00 35.31 10100 115392 02/11/16 JAMESEVE JAMES EVENT PRODUCTION I 0014095 GAMES AND EQ -A MORGAN 0.00 9,510.00 10100 115393 02/11/16 JOHNSONK KEITH JOHNSON 0015350 D.J. SVCS -SR DANCE 0.00 350.00 10100 115394 02/11/16 KASTLPHI PHILLIP BASTE 001 FACILITY REFUND -DSC 0.00 600.00 10100 115395 02/11/16 KHANMEHB MEHBUB M KHAN 001 FACILITY REFUND -DBC 0.00 400.00 10100 115396 02/11/16 LEHUANHU DUAN HUA LE 001 REFUND -PL 2015-561 0.00 2,851.41 10100 115397 02/11/16 DBDELI AGADA LEE 0014090 STAFF MTG-SHERIFF 0.00 121.36 10100 115398 02/11/16 LEEANNA ANNA LEE 001 FACILITY REFUND-REAGA 0.00 50.00 10100 115399 02/11/16 LEETED TED LEE 001 FACILITY REFUND -DBC 0.00 100.00 10100 115400 02/11/16 LINCOLNE LINCOLN ENGINEERING COMP 0014440 EQ -COMM SVCS 0.00 1,529.26 10100 115401 02/11/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 STAR PROG-DEC 2015 0.00 8,173.33 10100 115401 02/11/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CONTRACT SVCS -DEC 0.00 466,228.86 10100 115401 02/11/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 HELICOPTER SVCS -OCT 0.00 203.46 10100 115401 02/11/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 HELICOPTER SVCS-NOV 0.00 327.31 10100 115401 02/11/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 ST SWEEPER -DEC 15 0.00 963.85 10100 115401 02/11/16 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CALVARY CHAPEL -DEC 15 0.00 6,227.88 TOTAL CHECK 0.00 482,124.69 10100 115402 02/11/16 ROAMARSH MARSHA ROA 0014095 REIMB-A MORGAN 0.00 665.14 10100 115402 02/11/16 ROAMARSH MARSHA ROA 0014095 REIMB-EVENTS 0.00 100.38 10100 115402 02/11/16 ROAMARSH MARSHA ROA 0014095 REIMB-A MORGAN 0.00 171.72 TOTAL CHECK O.00 937.24 10100 115403 02/11/16 NATTIEST RICK RAYMOND MATTIE 0014095 PROF.SVCS-SNOW FEST 0.00 200.00 10100 115403 02/11/16 NATTIEST RICK RAYMOND MATTIE 001.4095 CAMERA SETUP-P/INFO 0.00 250.00 TOTAL CHECK 0.00 450.00 10100 115404 02/11/16 MERCURYD MERCURY DISPOSAL SYSTEMS 1155515 RECYCLING SVCS 0.00 1,058.78 10100 115405 02/11/16 MISSDIAM MISS DIAMOND BAR PAGEANT 0014010 MTG-COUNCIL 0.00 30.00 10100 115406 02/11/16 MOBILEIN MOBILE INDUSTRIAL SUPPLY 0015340 SUPPLIES -COMM SVCS 0.00 32.00 10100 115407 02/11/16 MCC MUNICIPAL CODE CORPORATI 0014030 MUNI CODES -INTERNET 0.00 922.50 10100 115408 02/11/16 DEAD NEAT LLC 0014095 MAINT SVCS -APPS 0.00 237.00 10100 115409 02/11/16 NESTLEPU NESTLE PURE LIFE DIRECT 0015333 SUPPLIES -WATER 0.00 21.71 10100 115409 02/11/16 NESTLEPU NESTLE PURE LIFE DIRECT 0015333 EQ RENTAL -DSC 0.00 11.98 TOTAL CHECK 0.00 33.69 SUNGARD PENTAMATION INC DATE: 02/23/2016 CITY OF DIAMOND BAR TIME: 08:08:15 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160211 00:00:00.000' and '20160224 00:00:00.000' ACCOUNTING PERIOD: 8/16 PAGE NUMBER: 4 ACCTPA21 -----DESCRIPTION------ FUND - 001 - GENERAL FUND PEST CONTROL -JAN 0.00 CASH ACCT CHECK NO ISSUE AT VENDOR NAME FUND/DIVISION 10100 115410 02/11/16 ORKININC ORKIN PEST CONTROL INC 1385538 10100 115410 02/11/16 ORKININC ORKIN PEST CONTROL INC 0015340 TOTAL CHECK 0.00 1,772.78 10100 115411 02/11/16 OWENSTED TED OWENS 0015350 10100 115412 02/11/16 PAETECCO PAETEC COMMUNICATIONS IN 0014090 10100 115413 02/11/16 PARKJOON JOON PARK 001 10100 115414 02/11/16 PROMODIR PROMO DIRECT.COM 0014095 10100 115415 02/11/16 PSI PROTECTION ONE INC 0015333 10100 115416 02/11/16 PYROCOMM PYRO COMM SYSTEMS INC 0014093 10100 115417 02/11/16 QUESTLIT QUEST LITERACY CONSORTIU 0114010 10100 115418 02/11/16 RELIABLE RELIABLE IT, LLC 0014070 10100 115419 02/11/16 RETERU13E RUBEN RETE 001 10100 115420 02/11/16 REUELGRE GREGORY C REUEL 0014096 10100 115421 02/11/16 ROGERSKE KEVIN PETER ROGERS 0014095 10100 115422 02/11/16 SGVCSC SAN GABRIEL VALLEY CONSE 0014440 10100 115423 02/11/16 SIEMENS SIEMENS INDUSTRY INC 0015554 10100 115423 02/11/16 SIEMENS SIEMENS INDUSTRY INC 0015554 TOTAL CHECK 0.00 20,839.15 10100 115424 02/11/16 SILVERAD SILVERADO STAGES INC 0014095 10100 115425 02/11/16 SIMPSONA SIMPSON ADVERTISING INC 0014095 10100 115425 02/11./1.6 SIMPSONA SIMPSON ADVERTISING INC 0014095 10100 115425 02/11/16 SIMPSONA SIMPSON ADVERTISING INC 0014095 TOTAL CHECK 0.00 2,755.03 10100 115426 02/11/16 SOCALSAN SO CAL INDUSTRIES 0014095 10100 115427 02/11/16 SCSBINC SO CAL SAND BAGS INC 0014440 10100 115428 02/11/16 SOONGFIS FISHAI SOONG 001 10100 115429 02/11/1.6 SAPA SOUTH ASIAN PARENT ASSOC 0114010 10100 115430 02/11/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 115430 02/11/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 115430 02/11/16 SCE SOUTHERN CALIFORNIA EDIS 0015333 10100 115430 02/11/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 115430 02/11/16 SCE SOUTHERN CALIFORNIA EDIT 138SS38 PAGE NUMBER: 4 ACCTPA21 -----DESCRIPTION------ SALES TAX AMOUNT PEST CONTROL -JAN 0.00 63.37 PEST CONTROL -JAN 16 0.00 66.06 0.00 129.43 P & R COMM -JAN 0.00 45.00 LONG DISTANCE PH SVCS 0.00 1,772.78 FACILITY REFUND -DBC 0.00 1,025.00 PROMO ITEMS-P/INFO 0.00 5,198.92 ALARM SVCS -DBC 0.00 39.95 FIRE ALARM SVCS -DBC 0.00 135.00 COMM ORG SUPPORT FUND 0.00 500.00 PROF.SVCS-I.T. 0.00 504.13 FACILITY REFUND-S/CYN 0.00 50.00 DEC 2015 UPDATES 0.00 1,500.00 PROF.SVCS-A MORGAN 0.00 400.00 WINTER STORM PREPARED 0.00 8,208.00 TRAFFIC SIGNAL SAINT 0.00 4,160.00 TRAFFIC SIGNAL SAINT 0.00 8,368.06 0.00 12,528.06 SHUTTLE SVCS -A MORGAN 0.00 600.00 DESIGN SVCS-DBCONN 0.00 1,765.00 DESIGN SVCS-DBCONN 0.00 1,840.00 DESIGN & PRINT CALNDR 0.00 17,234.15 0.00 20,839.15 EQ RENTAL -A MORGAN 0.00 779.50 SANDBAGS -LONGVIEW 0.00 1,440.00 FACILITY REFUND -DBC 0.00 200.00 COMM ORG SUPPORT FUND 0.00 300.00 ELECT SVCS-T/CONTROL 0.00 817.52 ELECT SVCS-T/CONTROL 0.00 2,755.03 ELECT SVCS -DBC 0.00 4,316.86 ELECT SVCS-T/CONTROL 0.00 222.91 ELECT SVCS -DIST 38 0.00 55.57 SUNGARD PENTAMATION INC PAGE NUMBER: 5 DATE: 02/23/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:08:15 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160211 00:00:00.000' and '20160224 00:00:00.000' ACCOUNTING PERIOD: 8/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE IT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 115430 02/11/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 182.21 10100 115430 02/11/16 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS-T/CONTROL 0.00 226.61 TOTAL CHECK 0.00 8,576.71 10100 115431 02/11/16 SCANNING SPARKLETTS 0015340 ENERGY SURCHARGE 0.00 2.14 10100 115431. 02/11/16 SPARKLF.T SPARKLETTS 001.5340 SUPPLIES -WATER 0.00 7.49 10100 115431 b2/11/16 SPARKLET SPARKLETTS 0015340 EQ RENTAL-S/CYN PK 0.00 12.00 TOTAL CHECK 0.00 21.63 10100 115432 02/11/16 TAITANDA TAIT AND ASSOCIATES INC 2505510 ENG SVCS-NOV 15 0.00 395.70 10100 115433 02/11/16 THECOMDY THE COMDYN GROUP INC 0014070 CONSULTING SVCS -1/22 0.00 2,625.20 10100 115434 02/11/16 THESAUCE THE SAUCE CREATIVE SERVI 0014095 PROF.SVCS-P/INFO 0.00 144.00 10100 115434 02/11/16 THESAUCE THE SAUCE CREATIVE SERVI 0014095 DESIGN SVCS-P/INFO 0.00 1,918.40 10100 115434 02/11/16 THESAUCE THE SAUCE CREATIVE SERVI 0014095 PRINT SVCS -A MORGAN 0.00 2,103.70 TOTAL CHECK 0.00 4,166.10 10100 115435 02/11/16 WINDMILL THE WINDMILL 0014095 AD -A MORGAN/BRIDAL SH 0.00 900.00 10100 115436 02/11/16 THOMSONW THOMSON WEST 0014030 CA ANNOTATED CODES 0.00 3,423.72 10100 115437 02/11/16 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS-C/HALL 0.00 94.44 10100 115437 02/11/16 ADELPHIA TIME WARNER CABLE 0014070 INTERNET SVCS-C/HALL 0.00 189.95 TOTAL CHECK 0.00 284.39 10100 115438 02/11/16 TRANPETE PETER TRAN 001 FACILITY REFUND-PNTRA 0.00 100.00 10100 115439 02/11/16 USBANK US BANK 0014050 CITY CREDIT CARD -JAN 0.00 16,515.97 10100 115440 02/11/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 2/12 -LOAN DEDUCTIONS 0.00 3,610.00 10100 115440 02/11/16 VANTAGEP VANTAGEPOINT TRNSFR AGNT 001 2/12-P/R DEDUCTIONS 0.00 31,982.22 TOTAL CHECK 0.00 35,592.22 10100 115441 02/11/16 VELALORR LORRAINE VELARDE 001 FACILITY REFUND -DBC 0.00 220.00 10100 115441 02/1.1/16 VELALORR LORRAINE VELARDE 001 FACILITY REFUND -DBC 0.00 500.00 TOTAL CHECK 0.00 720.00 10100 115442 02/11/16 VERIZONC VERIZON CALIFORNIA 0015333 PH.SVCS-DBC EMER 0.00 415.33 10100 115442 02/11/16 VERIZONC VERIZON CALIFORNIA 0014090 PH.SVCS-HERITAGE 0,00 180.76 10100 115442 02/11/16 VERIZONC VERIZON CALIFORNIA 0014090 PH.SVCS-SRST CHI 0.00 163.45 TOTAL CHECK 0.00 759.54 10100 115443 V 02/11/16 VERIZONW VERIZON WIRELESS 0014090 CELL CHRGS-P/W,C/S,CD 0.00 -1,210.37 10100 115443 02/11/16 VERIZONW VERIZON WIRELESS 0014090 CELL CHRGS-P/W,C/S,CD 0.00 1,210.37 TOTAL CHECK 0.00 0.00 10100 115444 02/11/16 GRAINGER W.W. GRAINGER INC. 0014093 SUPPLIES -CITY HALL 0.00 32.13 10100 115445 02/11/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 0.00 312.17 10100 115445 02/11/16 WAXIESAN WAXIE SANITARY SUPPLY 0015333 SUPPLIES -DBC 0.00 531.07 TOTAL CHECK 0.00 843.24 SUNGARD PENTAMATION INC PAGE NUMBER: 6 DATE: 02/23/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:08:15 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transaCt.Ck_date between '20160211 00:00:00.000' and '20160224 00:00:00.000' ACCOUNTING PERIOD: 6/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE IT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 115446 02/11/16 WCMEDIA WEST COAST MEDIA 0014095 AD-DHC/BRIDAL SHOW 0.00 500.00 10100 115447 02/11/16 WONGJENN JENNIE WONG 001 FACILITY REFUND -DBC 0.00 500.00 10100 115448 02/11/16 YANMARTI MARTIN CAN 001 FACILITY REFUND -DBC 0.00 1,050.00 10100 115450 02/18/16 AARP AARP 0015350 AARP MATURE DRIVING 0.00 90.00 10100 115451 02/18/16 ADVANTEC ADVANTEC CONSULTING ENGI 001 ADMIN FEE-PR14-948 0.00 305.71 10100 115451 02/18/16 ADVANTEC ADVANTEC CONSULTING ENGI 001 ADMIN FEE-PR14-5234 0.00 773.40 10100 115451 02/18/16 ADVANTEC ADVANTEC CONSULTING ENGI 001 PROF.SVCS-PR14-948 0.00 1,698.39 10100 115451 02/18/16 ADVANTEC ADVANTEC CONSULTING ENGI 001 PROF.SVCS-PR14-5234 0.00 4,296.66 10100 115451 02/18/16 ADVANTEC ADVANTEC CONSULTING ENGI 001 ADMIN FEE-PR14-5234 0.00 -773.40 10100 115451 02/18/16 ADVANTEC ADVANTEC CONSULTING ENGI 001 ADMIN FEE-PR14-948 0.00 -305.71 TOTAL CHECK 0.00 5,995.05 10100 115452 02/18/16 AFFORDAB AFFORDABLE GENERATOR SER 0015333 MAINT SVCS -DBC 0.00 986.54 10100 115453 02/18/16 AMERITEC AMERITECH BUSINESS SYSTE 0014090 COPIER SVCS -JAN 2016 0.00 869.77 10100 115454 02/18/16 BENESYST BENESYST 0014060 FLEX ADMIN SVCS 0.00 182.84 10100 115455 02/18/16 CACOMMER CALIFORNIA RETROFIT INC 0015333 SUPPLIES -DBC 0.00 104.21 10100 115456 02/18/16 CMSCHOOL CM SCHOOL SUPPLY CO 0015350 SUPPLIES -TINY TOTS 0.00 162.25 10100 115457 02/18/16 REINBERG CNC PRINTWERKS 11.55515 CITY ENVELOPES 0.00 419.82 10100 115457 02/18/16 REINBERG CNC PRINTWERKS 0014090 BUS CARDS -CITY HALL 0.00 1,458.42 10100 115457 02/18/16 REINBERG INC PRINTWERKS 0014090 BUS CARDS -DBC 0.00 1,660.07 10100 115457 02/18/16 REINBERG CNC PRINTWERKS 0014090 BUS CARDS-SALIU 0.00 92.65 10100 115457 02/18/16 REINBERG CNC PRINTWERKS 0014090 BUS CARDS-REC 0.00 92.65 10100 115457 02/18/16 REINBERG CNC PRINTWERKS 0014090 BUS CARDS-REC 0.00 92.65 TOTAL CHECK 0.00 3,816.26 10100 115458 02/18/16 DF.SIGNWE DESIGN WEST ENGINEERING 0015333 ELEC DESIGN -DBC 0.00 1,312.50 1.0100 115459 02/18/16 EMERALD EMERALD LANDSCAPE SERVIC 0014093 PAINT SVCS -CITY HALL 0.00 910.00 10100 115459 02/18/16 EMERALD EMERALD LANDSCAPE SERVIC 0014093 MAINT SVCS -CITY HALL 0.00 910.00 TOTAL CHECK 0.00 1,820.00 10100 115460 02/18/16 EDD EMPLOYMENT DEVELOPMENT D 0014060 UNEMPLOYMENT INS 0.00 1,793.00 10100 115461 02/18/16 FEDEX FEDEX 0014090 EXPRESS MAIL -GENERAL 0.00 166.16 10100 115462 02/1.8/16 GARCMARG MARGARITA GARCIA 001 FACILITY REFUND -DBC 0.00 240.00 10100 115462 02/18/16 GARCMARG MARGARITA GARCIA 001 FACILITY REFUND -DBC 0.00 250.00 TOTAI. CHECK 0.00 490.00 10100 115463 02/18/16 GHOTRAPA PAUL GHOTRA 001 REIMS -EN 07-598 0.00 2,155.07 10100 115463 02/18/16 GHOTRAPA PAUL GHOTRA 001 REIMB-PR 2012-1296 0.00 4,539.69 TOTAL CHECK 0.00 6,694.76 SUNGARD PENTAMATION INC DATE: 02/23/2016 TIME: 08:08:15 CITY OF DIAMOND BAR CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160211 00:00:00.000' and '20160224 00:00:00.000' ACCOUNTING PERIOD: 8/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION---- SALES TAX PAGE NUMBER: ACCTPA21 AMOUNT 7 10100 115464 02/18/16 HALLSHAR SHARON HALL 001 FACILITY REFUND-REAGA 0.00 200.00 10100 115464 02/18/16 HALLSHAR SHARON HALL 001 FACILITY REFUND-REAGA 0.00 50.00 TOTAL CHECK 0.00 250.00 10100 115465 02/1.8/16 IVDB INLAND VALLEY DAILY BULL 0014090 LEGAL ADS -DEC 2015 0.00 1,120.72 10100 115465 02/18/16 IVDB INLAND VALLEY DAILY BULL 0014090 LEGAL ADS -JAN 2016 0.00 2,905.18 TOTAL CHECK 0.00 4,025.90 10100 115466 02/18/16 AZIZISAA ISAAC AZIZ 001 EMP COMPUTER LOAN 0.00 2,500.00 10100 115467 02/18/16 JOEGONSA JOE A. GONSALVES & SON I 0014030 LEGISLATIVE SVCS -FEB 0.00 3,000.00 10100 115468 02/18/16 KENSHARD KENS HARDWARE 0014093 SUPPLIES -CITY HALL 0.00 43.84 10100 115468 02/18/16 KENSHARD KENS HARDWARE 0015333 SUPPLIES -DBC 0.00 162.41 10100 115468 02/18/16 KENSHARD KENS HARDWARE OO1S340 SUPPLIES -PARKS 0.00 445.11 TOTAL CHECK 0.00 651.36 10100 115469 02/18/16 LEIGHTON LEIGHTON & ASSOCIATES, I 001 PROF.SVCS-PR25-2255 0.00 3,473.00 10100 115469 02/18/16 LEIGHTON LEIGHTON & ASSOCIATES, I 001 PROF.SVCS-EN 03-363 0.00 3,592.10 10100 115469 02/18/16 LEIGHTON LEIGHTON & ASSOCIATES, 1 001 PROF.SVCS-PR 12-1298 0.00 1,497.00 10100 115469 02/18/16 LEIGHTON LEIGHTON & ASSOCIATES, 1 001 ADMIN FEE -PR 25-2255 0.00 625.14 10100 115469 02/18/16 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE -EN 03-363 0.00 646.58 10100 115469 02/18/16 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE -PR 12-1298 0.00 269.46 10100 115469 02/18/16 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE -EN 03-363 0.00 -646.58 10100 115469 02/18/16 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE -PR 25-2255 0.00 -625.14 10100 115469 02/1.8/16 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE -PR 12-1298 0.00 -269.46 TOTAL CHECK 0.00 8,562.10 10100 115470 02/18/16 LEWISENG LEWIS ENGRAVING INC. 0014090 NAME BADGE 0.00 15.68 10100 115471 02/18/16 LOOMIS LOOMIS 0014090 COURIER SVCS -JAN 2016 0.00 940.00 10100 115472 02/18/16 OFFICESO OFFICE SOLUTIONS 0015230 SUPPLIES-NGHBRHD IMP 0.00 13.19 10100 115472 02/18/16 OFFICESO OFFICE SOLUTIONS 0015510 SUPPLIES-P/WORKS 0.00 214.88 10100 115472 02/18/16 OFFICESO OFFICE SOLUTIONS 0014030 SUPPLIES-CMGR 0.00 219.24 10100 115472 02/18/16 OFFICESO OFFICE SOLUTIONS 0014050 SUPPLIES -FINANCE 0.00 225.58 10100 115472 02/18/16 OFFICESO OFFICE SOLUTIONS 0015333 SUPPLIES -DBC 0.00 277.95 10100 115472 02/18/16 OFFICESO OFFICE SOLUTIONS 0014060 SUPPLIES-H/R 0.00 45.88 10100 115472 02/18/16 OFFICESO OFFICE SOLUTIONS 0014010 SUPPLIES -CITY COUNCIL 0.00 16.00 10100 115472 02/18/16 OFFICESO OFFICE SOLUTIONS 0015210 SUPPLIES-PLNG 0.00 123.38 10100 115472 02/18/16 OFFICESO OFFICE SOLUTIONS 0015310 SUPPLIES -COMM SVCS 0.00 136.23 10100 115472 02/18/16 OFFICESO OFFICE SOLUTIONS 0014090 SUPPLIES -GENERAL 0.00 160.50 10100 115472 02/18/16 OFFICESO OFFICE SOLUTIONS 0015333 SUPPLIES -DBC 0.00 412.28 10100 115472 02/18/16 OFFICESO OFFICE SOLUTIONS 0014090 SUPPLIES -GENERAL 0.00 423.94 TOTAL CHECK 0.00 2,269.05 10100 115473 02/18/16 PATTONCA CAMERON PATTON 0015350 OFFICIAL SVCS -FEB 16 0.00 546.00 10100 115474 02/18/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014095 SUPPLIES 0.00 59.98 10100 115474 02/18/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014090 SUPPLIES 0.00 9.99 10100 115474 02/18/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0015350 SUPPLIES 0.00 13.40 SUNGARD PENTAMATION INC PAGE NUMBER: 8 DATE: 02/23/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:08:15 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160211 00:00:00.000' and '20160224 00:00:00.000' ACCOUNTING PERIOD: 8/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 115474 02/18/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014050 MILEAGE 0.00 17.02 10100 115474 02/18/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014010 TRANSPORTATION 0.00 29.70 10100 115474 02/18/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014415 SUPPLIES 0.00 29.90 10100 115474 02/18/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0015333 PARKING 0.00 30.00 10100 115474 02/18/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0015551 SUPPLIES 0.00 40.00 10100 115474 02/18/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014010 MILEAGE 0.00 41.69 10100 115474 02/18/16 PETTYCAS PETTY CASH/DTANNA HONEYW 1155515 SUPPLIES 0.00 46.00 TOTAL CHECK 0.00 317.68 10100 115475 02/18/16 FREDPRYO PRET PRYOR SEMINARS/CARE 0014050 TRNG-L ALLEN 0.00 149.00 10100 115476 02/18/16 PSI PROTECTION ONE INC 0014093 ALARM SVCS -CITY HALL 0.00 25.55 10100 115476 02/18/16 PSI PROTECTION ONE INC 0015340 ALARM SVCS-S/CYN PK 0.00 41.50 TOTAL CHECK 0.00 67.05 10100 115477 02/18/16 PSTINC PUBLIC SAFETY TECHNOLOGI 0014411 RADAR CERTIFICATION 0.00 150.00 10100 115478 02/18/16 PUBLICST PUBLIC STORAGE #23051 0014090 STORAGE RENTAL -MAR 0.00 327.00 10100 115479 02/18/16 REGIONAL REGIONAL CHAMBER OF COMM 0014096 SERVICE CONTRACT -SAN 0.00 1,000.00 10100 115480 02/18/16 RTCMEMOR RTC MEMORIAL MARKERS INC 0015333 TILES -DBC 0.00 225.00 10100 115481 02/18/16 SCFUELS SC FUELS 5204090 FUEL -SAN 2016 0.00 1,144.33 10100 115481 02/18/16 SCFUELS SC FUELS 5204090 FUEL -SAN 2016 0.00 - 1,367.15 10100 115481 02/18/16 SCFUELS SC FUELS 5204090 FUEL -SAN 2016 0.00 9.27 TOTAL CHECK 0.00 2,520.75 10100 115482 02/18/16 SCHORRME SCHORR METALS INC 0015340 SUPPLIES -PARKS 0.00 236.01 10100 115482 02/18/16 SCHORRME SCHORR METALS INC 0015340 SUPPLIES -PARKS 0.00 83.08 TOTAL CHECK 0.00 319.09 10100 115483 02/18/16 SCMAF SCMAF 0014060 AD-H/R 0.00 75.00 10100 115484 02/16/16 SCAQMD SO COAST AIR QUALITY MGT 0015333 EMISSION FEES-FY15/16 0.00 121.44 10100 115484 02/18/16 SCAQMD SO COAST AIR QUALITY MGT 0015333 EM ELEC GEN -DIESEL 0.00 346.54 TOTAL CHECK 0.00 - 467.98 10100 115485 02/18/16 SCAQMD SO COAST AIR QUALITY MGT 0014090 MTC FACILITY -MAR 16 0.00 2,207.62 10100 115486 02/18/16 SCE SOUTHERN CALIFORNIA EDIS 1415541 ELECT SVCS -DIST 41 0.00 24.89 10100 115487 02/18/16 SPARKLET SPARKLETTS 0014090 SUPPLIES -WATER C/H 0.00 229.78 10100 115487 02/18/16 SPARKLET SPARKLETTS 0014090 EQ RENTAL-C/HALL 0.00 2.99 TOTAL CHECK 0.00 232.77 10100 17.5488 02/18/16 SPORTSUP SPORT SUPPLY GROUP INC 0015340 SUPPLIES -ADULT SPORTS 0.00 341.96 10100 115488 02/18/16 SPORTSUP SPORT SUPPLY GROUP INC 0015340 SUPPLIES -ADULT SPORTS 0.00 400.48 10100 115488 02/18/16 SPORTSUP SPORT SUPPLY GROUP INC 0015340 SUPPLIES -ADULT SPORTS 0.00 843.46 10100 - 115488 02/18/16 SPORTSUP SPORT SUPPLY GROUP INC 0015340 SUPPLIES -ADULT SPORTS 0.00 251.22 TOTAL CHECK 0.00 1,837.12 SUNGARI) PENTAMATION INC PAGE NUMBER: 9 DATE: 02/23/2016 CITY OF DIAMOND BAR ACCTPA21 TIME: 08:08:15 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160211 00:00:00.000' and '20160224 OO:D0:00.000' ACCOUNTING PERIOD: 6/16 -----DESCRIPTION------ SALES TAX T-1 INTERNET SVCS -FEB 0.00 LEGAL ADS -DEC 2015 FUND - 001. - GENERAL FUND LEGAL ADS -SAN 2016 0.00 CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 115489 02/18/16 TELEPACI TELEPACIFIC COMMUNICATIO 0014070 10100 115490 02/18/16 SGVT THE SAN GABRIEL VALLEY N 0014090 10100 115490 02/18/16 SGVT THE SAN GABRIEL VALLEY N 0014090 TOTAL CHECK 0.00 PH.SVCS-HERITAGE FAX 0.00 10100 11.5491 02/18/16 TNTPRINT TNT PRINTING 0015350 10100 115492 02/18/16 VALLEYCR VALLEY CREST LANDSCAPE M 1385538 10100 115492 02/18/16 VALLEYCR VALLEY CREST LANDSCAPE M 1385538 10100 115492 02/18/16 VALLEYCR VALLEY CREST LANDSCAPE M 0015340 10100 115492 02/18/16 VALLEYCR VALLEY CREST LANDSCAPE M 0015340 TOTAL CHECK 0.00 ADMIN FEE -PR 15-2749 0.00 10100 115493 02/18/16 VERIZONC VERIZON CALIFORNIA 0015340 10100 115493 02/18/16 VERIZONC VERIZON CALIFORNIA 0014030 10100 11.5493 02/18/16 VERIZONC VERIZON CALIFORNIA 0015340 101.00 115493 02/18/16 VERIZONC VENISON CALIFORNIA 0014093 10100 115493 02/18/16 VERIZONC VERIZON CALIFORNIA 0014090 TOTAL CHECK 0.00 0.00 10100 115494 02/18/16 VERIZONW VERIZON WIRELESS 0014090 10100 115495 02/18/16 VISIONIN VISION TECHNOLOGY SOLUTI 0014070 10100 115496 02/18/16 WVWATER WALNUT VALLEY WATER DIST 13BS538 10100 115497 02/18/16 WARRENCR WARREN CROSS ROFFING INC 001. 10100 115498 02/18/16 WESTCOAS WEST COAST ARBORISTS INC 1385538 10100 115498 02/18/16 WESTCOAS WEST COAST ARBORISTS INC 0015558 10100 115498 02/18/16 WESTCOAS WEST COAST ARBORISTS INC 1415541 TOTAL CHECK 10100 115499 02/18/16 WILLDANG WILLDAN GEOTECHNICAL 001 10100 115499 02/18/16 WILLDANG WILLDAN GEOTECHNICAL 001 10100 115499 02/18/16 WILLDANG WILLDAN GEOTECHNICAL 001 1.0100 115499 02/18/16 WILLDANG WILLDAN GEOTECHNICAL 001 10100 115499 02/18/16 WILLDANG WILLDAN GEOTECHNICAL 001 10100 115499 02/18/16 WILLDANG WILLDAN GEOTECHNICAL 001 ID100 115499 02/18/16 WILLDANG WILLDAN GEOTECHNICAL 001 1D100 115499 02/18/16 WILLDANG WILLIAM GEOTECHNICAL 001 1D100 115499 02/18/16 WILLDANG WILLDAN GEOTECHNICAL 001 1D100 115499 02/18/16 WILLDANG WILLDAN GEOTECHNICAL 001 10100 115499 02/18/16 WILLDANG WILLDAN GEOTECHNICAL 001 10100 115499 02/18/16 WILLDANG WILLDAN GEOTECHNICAL 001 TOTAL CHECK 10100 115500 02/18/16 XAVIERS XAVIERS FLORIST INC 0014090 10100 115500 02/18/16 XAVIERS XAVIERS FLORIST INC 0014090 TOTAL CHECK -----DESCRIPTION------ SALES TAX T-1 INTERNET SVCS -FEB 0.00 LEGAL ADS -DEC 2015 0.00 LEGAL ADS -SAN 2016 0.00 0.00 PRINT SVCS -YOUTH SCCR 0.00 ADDL MAINT-DIST 38 0.00 ADEL MAINT-DIST 38 0.00 ADDL MAINT-LORBEER SC 0.00 ADDL MAINT-S/CYN PK 0.00 0.00 PH.SVCS-HERITAGE ALRM 0.00 PH.SVCS-CMGR FAX 0.00 PH.SVCS-HERITAGE FAX 0.00 PH.SVCS-C/HALL ELEVAT 0.00 PH.SVCS-PARKS 0.00 0.00 CELL CHRGS-P/W,C/S,CD 0.00 MONTHLY HOSTING SVCS 0.00 WATER SVCS -DIST 38 0.00 REFUND -RECYCLING DEP 0.00 TREE MAINT-DIST 38 0.00 WATERING SVCS -FEB 16 0.00 TREE MAINT-DIST 41 0.00 0.00 ADMIN FEE -PR 15-2749 0.00 ADMIN FEE -PR 14-3687 0.00 ADMIN FEE -PR 15-2288 0.00 ADMIN FEE -PR 15-2589 0.00 ADMIN FEE -PR 15-2589 0.00 PROF.SVCS-PR 15-2749 0.00 PROF.SVCS-PR 15-2589 0.00 PROF -SVCS -PR 15-2288 0.00 PROF.SVCS-PR 14-3687 0.00 ADMIN FEE -PR 15-2749 0.00 ADMIN FEE -PR 15-2268 0.00 ADMIN FEE -PR 14-3687 0.00 0.00 FLORAL ARRGMNTS 0.00 FLORAL ARRGMNTS 0.00 0.00 AMOUNT B71. 63 1,255.44 3,018.72 4,274.16 283.51 376.81 405.33 389.73 510.73 1,682.60 59.38 90.04 97.99 169.25 792.23 1,208.89 1,184.93 180.00 615.59 1,500.00 429.60 699.00 1,074.00 2,202.60 -108.00 -72.00 -72.00 -72.00 72.00 600.00 400.00 400.00 400.00 108.00 72.00 72.00 1,800.00 73.58 92.65 166.23 SUNGARD PENTAMATION INC DATE: 02/23/2016 CITY OF DIAMOND BAR TIME: 08:06:15 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160211 00:00:00.000' and '20160224 00:00:00.000' ACCOUNTING PERIOD: 8/16 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR NAME FUND/DIVISION 10100 PETTYCAS 02/19/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014010 10100 PETTYCAS 02/19/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014010 10100 PETTYCAS 02/19/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014050 10100 PETTYCAS 02/19/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014090 10100 PETTYCAS 02/19/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014095 10100 PETTYCAS 02/19/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0014415 10100 PETTYCAS 02/19/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0015333 10100 PETTYCAS 02/19/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0015350 10100 PETTYCAS 02/19/16 PETTYCAS PETTY CASH/DIANNA HONEYW 0015551 10100 PETTYCAS 02/19/16 PETTYCAS PETTY CASH/DIANNA HONEYW 1155515 TOTAL CHECK -DESCRIPTION------ SALES TAX TRANSPORTATION 0.00 MILEAGE 0.00 MILEAGE 0.00 SUPPLIES 0.00 SUPPLIES 0.00 SUPPLIES 0.00 PARKING 0.00 SUPPLIES 0.00 SUPPLIES 0.00 SUPPLIES 0.00 0.00 PAGE NUMBER: 10 ACCTPA21 AMOUNT 29.70 41.69 17.02 9.99 59.98 29.90 30.00 13.40 40.00 46.00 317.68 TOTAL CASH ACCOUNT 0.00 762,193.39 TOTAL FUND 0.00 762,193.39 SUNGARD PENTAMATION INC DATE: 02/23/2016 CITY OF DIAMOND BAR TIME: 08:08:15 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck_date between '20160211 00:00:00.000' and '20160224 00:00:00.000' ACCOUNTING PERIOD: 8/16 FUND - 161 - BEVERAGE CTNR RECY GRT CASH ACCT CHECK NO ISSUE DT VENDOR NAME 10100 115449 02/11/16 ULINEINC ULINE INC 10100 115449 02/11/16 ULINEINC ULINE INC TOTAL CHECK TOTAL CASH ACCOUNT TOTAL FUND TOTAL REPORT FUND/DIVISION -----DESCRIPTION------ SALES TAX 1615516 PROMO ITEMS -RECYCLING 0.00 1615516 PROMO ITEES-RECYCLING 0.00 0.00 0.00 0.00 0.00 PAGE NUMBER: 11 ACCTPA21 AMOUNT 236.17 124.02 360.19 360.19 360.19 762,553.58 CITY COUNCIL� � TO: Honorable Mayor and Members o the City Council VIA: James DeStefano, City Ma g TITLE: Treasurer's Statement — January 2 16 RECOMMENDATION: Approve the January 2016 Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.4 Meeting Date: Mar. 2, 2016 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances with a breakdown of various investment accounts and the yield to maturity from investments. This statement also includes an investment portfolio management report which details the activities of investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Susan Full, Senior Accountant REVIEWED BY: aj� 4M Dianna Honeywell, FinanceZe ector Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR - CITY TREASURER'S REPORT CASH BALANCE AS OF JANUARY 31, 2016 BEGINNING CASH BALANCE $28,811,932.46 CASH RECEIVED Cash Receipts $4,595,177.33 Total Cash Received $4,595,177.33 $33,407,109.79 Checks Written ($2,381,078.84) Payroll & Pers Transfers (487,834.34) Wire Transfers (1,992.70) Returned Checks 0.00 Charge Card Fees & Other Adjustments (2,742.97) Total Expenditures ($2,873,648.85) CASH BALANCE AS OF: JANUARY 31, 2016 $30,533,460.94 TOTAL CASH BREAKDOWN Active Funds General Account ($268,376.94) Payroll Account $52,416.29 Change Fund $1,400.00 Petty Cash Account $500.00 Parking Account Minimum $250.00 Cash With Fiscal Agent $0.92 Amount Unamortized on Investments $5,663.65 Total Active Funds ($208,146.08) Investment Funds: Federal Credit Union $248,000 Local Agency Investment Fund $4,722,383.68 Federal Agency Callable $13,524,576.34 Bank Negotiable CDs $9,625,654.40 Municipal Bonds $1,645,105.61 Wells Fargo Advantage Money Market Fund $975,886.99 Total Investment Funds $30,741,607.02 CASH BALANCE AS OF: JANUARY 31, 2016 $30,533,460.94 Average Yield to Maturity 1.249% FY2015-16 Year -To -Date Interest Earnings $185,402.64 FY2015-16 Budgeted Annual Interest Earnings $246,800.00 CITY OF DIAMOND BAR INVESTMENT PORTFOLIO SUMMARY REPORT for the Month of January 31, 2016 INVESTMENTS BOOK VALUE PERCENT OF PORTFOLIO TERM DAYS TO MATURITY YIELD TO MATURITY Federal Credit Union CD $248,000 0.81% 1827 1821 2.5 Local Agency Investment Fund $4,722,383.68 15.36°% 1 1 0.446 Federal Agency Issues - Callable $13,524,576.34 43.99% 1,492 460 1.326 Negotiable CD's - Banks $9,625,654.40 31.31% 1,584 1,045 1.462 Municipal Bonds $1,645,105.61 5.35% 1,547 1,432 2.290 Wells Fargo Sweep Account $975,886.99 3.17% 1 1 0.010 Total Investments and Averages $30,741,607.02 100.00% 1,250 621 1.249 TOTAL INTEREST EARNED taqies DeStefa City Treasurer 2/22/2016 Date MONTH ENDING January 31, 2016 $29,359.86 FISCAL YEAR-TO-DATE 2015-16 $185,402.64 I certify that this report accurately reflects all City pooled investments and is in conformity with the investment policy of the City of Diamond Bar approved by City Council and on file in the City Clerk's office. The investment program herein provides sufficient cash flow liquidity to meet the next six months estimated expenditures. Page 1 Investments City of Diamond Bar Portfolio Management Portfolio Summary January 31, 2016 Par Market Value Value Federal Credit Union CD 248,000.00 Local Agency Investment Funds 4,722,383.68 Federal Agency Callable 13,545,000.00 Nego&able CD 9,626,000 00 Municipal Bonds 1,630,000.00 Wells Fargo Sweep Account 975,886.99 9,661,395.43 30,747,270.67 Investments 1,584 Total Earnings _ _ January 31 Month Ending Current Year 2935986. Average Daily Balance 28,906,504.03 Effective Rate of Return 1.20 Dianna Honeywell, Finance Director City of Diamond Bar 21810 Copley Drive Diamond Bar, CA (909)839-7053 Book % of Days to YTM/C Value Portfolio Term Maturity 248,000.00 248,000.00 0.81 1,827 4,718, 544.21 4,722,383.68 15.36 1 13,553,168.45 13,524,576.34 43.99 1,492 9,661,395.43 9,625,654.40 31.31 1,584 1, 663, 465.80 1,645,105.61 5.35 1,547 975,886.99 975,886.99 3.17 1 30,820,460.88 30,741,607.02 100.00% 1,250 Fiscal Year To Date 185,402.64 30,621,338.65 1.03 1,821 1 460 1,045 1,432 1 621 2.050 0.446 1.326 1462 2.290 0.010 1.249 Reporting period 0110112016-01131/2016 -� Portfolio POOL AP Run Date0211212016 -15:43 PM (PRF_PM1) 7.3 0 Report Ver. 7.3.3b City of Diamond Bar Portfolio Management Portfolio Details - Investments January 31, 2016 Page 1 Average Purchase Stated Days to YTM/C Maturity CUSP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity Date Federal Credit Union CD CFCU2099 10144 Citadel Federal Credit Union Subtotal and Average Local Agency Investment Funds LAIF 10028 Federal Agency Callable 3133EC7A6 10043 3133EC7B4 10044 3133ECMZ4 10051 3133EGNYS 10056 3133ECP40 10060 3133EFFC6 10129 313382Y98 10057 3133834Y4 10059 313379EE5 10083 313OA5C64 10116 313381G82 10118 3130A5X61 10122 3130A2MW3 10132 3130A6XG7 10137 3130A6WL7 10138 3130A6JJ7 10139 3130A72E4 10140 3134G3S50 10040 3134G7JO5 10121 3134G33E8 10124 3134G7S77 10133 3134G84G1 10135 3134G45V6 10143 3135GOTP8 10079 3136GOR37 10127 3136G02H3 10128 3135GOD75 10136 Run Dale: 02/12/2016-15 43 01/26/2016 248,000.00 248,000.00 48,000.00 248,000.00 248,000.00 248,000.00 2.050 1,827 1,821 2.050 01/26/2021 248,000.00 1,827 1,821 2.050 Local Agency Investment Fund 4,722,383.68 4,718,544.21 4,722,383.68 0.446 1 1 0.446 Subtotal and Average 4,203,207.43 4,722,383.68 4,718,544.21 4,722,383.68 1 1 0.446 Federal Farm Credit Bank 12/12/2012 1,000,000.00 997,480.00 999,62722 0.820 1,826 660 0.840 12/12/2017 Federal Farm Credit Bank 12/13/2012 500,000.00 500,000.00 499,906.67 0.840 1,826 681 0.850 12/13/2017 Federal Farm Credit Bank 05/01/2013 500,000.00 499,829.50 500,000.00 0.690 1,461 455 0690 05/01/2017 Federal Farm Credit Bank 05/08/2013 500,000.00 500,023.50 499,886.53 0.950 1,826 827 0.960 05/08/2018 Federal Farm Credit Bank 05/09/2013 500,000.00 500,018.00 499,761.46 0,640 1,461 463 0.678 05/09/2017 Federal Farm Credit Bank 09/30/2015 500,00060 500,004.00 500,000.00 1.530 1,461 1,337 1.530 09/30/2019 Federal Home Loan Bank 05/16/2013 500,000.00 497,699,00 500,000.00 1.000 1,826 835 1.000 05/16/2018 Federal Home Loan Bank 05/29/2013 500,000.00 500,002.50 500,000.00 1.040 1,826 848 1.040 05/29/2018 Federal Home Loan Bank 06/19/2014 500,000.00 507,127.00 497,465.88 1625 1,821 1,229 1.783 06/14/2019 Federal Home Loan Bank 05/28/2015 250,000.00 250,264.00 249,891.86 1 500 1,827 27 1.551 05/28/2020 Federal Home Loan Bank 07/13/2015 250,000.00 250,000.25 247,591.17 1 385 1,620 1,417 1 643 12/19/2019 Federal Home Loan Bank 07/29/2015 500,000.00 501,685.50 500,000.00 1.125 1,827 179 2.026 07/29/2020 Federal Home Loan Bank 10/09/2015 500,000.00 501,118.50 502,710.41 1250 1,399 373 1.895 08/08/2019 Federal Home Loan Bank 12/28/2015 500,000.00 501,413.50 500,000.00 0.750 366 331 0.750 12/28/2016 Federal Home Loan Bank 12/29/2015 500,000.00 500,418.00 500,00a00 1.300 913 149 1 300 06/29/2018 Federal Home Loan Bank 01/06/2016 500,000.00 499,728.00 497,957.62 0.810 652 78 1.051 10/19/2017 Federal Home Loan Bank 01/11/2016 500,000.00 500,08500 499,947.10 0.500 171 150 0.526 06/30/2016 Federal Home Loan Mtg Corp 10/26/2012 500,000.00 499,668.50 499,953.29 0,625 1,467 274 0.638 11/01/2016 Federal Home Loan Mtg Corp 07/29/2015 500,000.00 500,904 00 500,000.00 1.000 1,461 88 1.000 07/29/2019 Federal Home Loan Mtg Corp 09/02/2015 500,000.00 500,057.50 497,285.08 1.500 1,591 69 2.211 01/10/2020 Federal Home Loan Mtg Corp 10/29/2015 500,000.00 500,013.50 500,000.00 1.125 1,827 88 2.015 10/29/2020 Federal Home Loan Mtg Corp 11/30/2015 500,000.00 500,196.50 500,000.00 2.000 1,822 24 2.000 11/25/2020 Federal Home Loan Mtg Corp 01/21/2016 500,000.00 498,745.50 499,504.10 1.250 1,236 130 1,280 06/10/2019 Federal National Mtg Assn 03/19/2014 500000.00. 500,214.00 494,916.19 1.250 1,778 89 1.968 01/30/2019 Federal National Mtg Assn 09/24/2015 245,000.00 244,894.90 243,874.73 1 500 1,583 83 2.107 01/24/2020 Federal National M19 Assn 09/24/2015 300,000.00 299,496.30 299,187.72 1.350 1,321 6 1.838 05/07/2019 Federal National Mtg Assn 12/17/2015 500,000.00 502,585.50 496,351.54 1.500 1,649 1,603 1673 06/22/2020 Portfolio POOL AP PM (PRF_PM2) 7 3.0 Report Ver, 73 3b City of Diamond Bar Portfolio Management Portfolio Details - Investments January 31, 2016 Page 2 Average Purchase Stated Days to YTM/C Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity Date Federal Agency Callable 3135GOSYC 10141 Federal National Mtg Assn 01/20/2016 500,000.00 499,496.00 498,757.75 1.600 1,800 52 1.653 12/24/2020 Subtotal and Average 12,654,808.28 13,545,000.00 13,553,168.45 13,524,576.34 1,492 460 1.326 Negotiable CD 02006LNF6 10108 Ally Bank UT 01/29/2015 248,000.00 247,755.22 248,000.00 1.250 1,096 728 1.045 01/29/2018 020080AV9 10130 ALMA Bank Astona NY 09/30/2015 249,000.00 250,675.52 249,000.00 1.700 1,461 1,337 0.000 09/30/2019 02587DMV7 10052 American Express Centurion Bk 05/02/2013 248,000.00 247,985.86 248000.00 1.100 1,826 821 1.101 05/02/2018 02587CAWO 10098 American Express Centurion Bk 08/21/2014 248,000.00 250,648.64 248,000.00 2.100 1,826 1,297 2.101 08/21/2019 06740KHB6 10091 Barclays Bank 07/02/2014 248,000.00 249,820.07 248,000.00 2.050 1,826 1,247 2.051 07/02/2019 05568P7A9 10081 BMW Bank 04/25/2014 248,000.00 250,084.44 248000.00 1900 1,626 1,179 1.901 04/25/2019 14042OPCB 10100 Capital One Bank 09/17/2014 248,000.00 248,061.01 248,000.00 1.550 1,461 959 1.551 09/17/2018 14042E4P2 10120 Capital One Bank 07/15/2015 248,000.00 249,651.18 248,000.00 2.300 1,827 1,626 2.303 07/15/2020 20033ALQ7 10117 Comenity Capital Bank 07/14/2015 248,000.00 249,668.30 248,000.00 2.350 1,826 1,624 2.355 07/13/2020 20451 PBV7 10066 Compass Bank 08/07/2013 248,000.00 250,582.67 248,000.00 1750 1,826 918 1.751 08/07/2018 23204HBHO 10069 Customers Bank 06/30/2014 248,000.00 248,087.05 247,654.40 0.950 1,085 504 0.764 06/19/2017 254671G53 10075 Discover Bank 02/20/2014 248,000.00 249,331.26 248,000.00 1.850 1,826 1,115 1.851 02/20/2019 29266NG84 10107 EnerBank USA 01/29/2015 248,000.00 250,037.82 248,000.00 1 400 1,461 1,093 0.000 01/29/2019 29976DZD5 10119 Everbank/Jacksonville FL 07/14/2015 248000.00 249068.30 248,000.00 2.000 1,827 1,625 2.002 07/14/2020 34387ABA6 10102 Flushing Savings Bank 12/10/2014 246,000.00 246 419.12 248,000.00 1.800 1,461 1,043 1.800 12/10/2018 32082BCY3 10078 First Merchants Bank 03/21/2014 248,00000 248766.57 248,000.00 1.000 1,280 598 1.002 09/21/2017 32114LAF6 10093 First National Bank 07/16/2014 248,000.00 248,15847 248,000.00 0.800 916 351 0.803 01/17/2017 3616OWK57 10026 GE Capital Financial Inc. 05/04/2012 248,000.00 249,985.49 248,000.00 1.750 1,826 458 1.751 05/04/2017 36160KZK4 10073 GE Capital Retail Bank 01/31/2014 248,000.00 250,365.92 248,000.00 1.900 1,826 1,095 1.901 01/31/2019 38148J6M8 10142 Goldman Sachs Bank 01/27/2016 248,000.00 249,763.78 248,000.00 2.100 1,827 1,822 2.102 01/27/2021 39120VRM8 10099 Great Southern Bank 09/12/2014 248,000.00 248,183.02 248,000.00 0.900 822 315 0.902 12/12/2016 06251AK25 10131 Bank of Hapoalim NY 10/09/2015 245,000.00 246,756.90 245,000.00 2.000 1,827 1,712 2.002 10/09/2020 40434ASZ3 10112 HSBC Bank USA 03/30/2015 248,000.00 247,009.24 248,000.00 1.250 1,827 1,519 2.223 03/30/2020 45383UPJ8 10077 Independent Bank CD 03/14/2014 248,000.00 248,792.11 248,000.00 0.900 1,280 591 0.902 09/14/2017 856284X58 10094 State Bank of India 07/22/2014 248,000.00 249,714.67 248000.00 2.000 1,826 1,267 2001 07/22/2019 464209BR5 10054 Isabella Bank &Trust Company 05/30/2013 248,000.00 245,550.26 248,000.00 1.000 1,826 849 0.900 05/30/2018 48125TU86 10110 JP Morgan Chase 02/06/2015 500,000.00 500052.50 500,000.00 1.000 1,461 1,101 1.856 02/06/2019 51210SITY6 10061 Lakeside Bank 05/17/2013 248,000.00 247,211.86 248,000.00 0.750 1,461 471 0.750 05/17/2017 58403BK62 10080 Medallion Bank 03/28/2014 248,000.00 247,401.08 248,00000 1.250 1,461 786 1,254 03/28/2018 59013JJB6 10126 Merrick Bank 09/21/2015 248,000.00 249,885.30 248,000.00 1.650 1,827 1,694 0.000 09/21/2020 686184TK8 10055 Oriental Bank &Trust 05/16/2013 248,000.00 248,00843 248,000.00 0.650 1,096 105 0.651 05/16/2016 Portfolio POOL AP Run Date: 02/1212016 - 15'.43 PM (PRF_PM2) 7.3.0 City of Diamond Bar Portfolio Management Portfolio Details - Investments January 31, 2016 Page 3 Municipal Bonds 189849KY7 10125 283309KN1 10134 Wells Fargo Sweep Account Coachella Valley School Dist EI Monte School District Subtotal and Average 1,645,263.54 09/15/2015 11/05/2015 880,000.00 901,480.80 750,000.00 761,985.00 1,630,000.00 1,663,465.80 888,113.58 2.885 1,782 1,643 2.665 08/01/2020 756,992.03 2.148 1,272 1,185 1.850 05/01/2019 1,645,105.61 1,547 1,432 2.290 SWEEP 10036 Wells Fargo Subtotal and Average 07/01/2012 785,580.65 975,886.99 975,886.99 Average Purchase 0.010 1 1 1 1 0.010 0.010 Stated 28,906,504.03 Daysto YTM/C Maturity CUSIP Investment# Issuer Balance Date Par Value Market Value Book Value Rate Term Maturity Date Negotiable CD 70153RHE1 10076 Parkway Bank &Trust 03/19/2014 248,000.00 247,694.71 248,000.00 1.650 1,826 1,142 1.651 03/19/2019 71270QLS3 10105 People's United Rank 01/28/2015 248,000.00 250,297.97 248,000.00 1.750 1,826 1,457 1.751 01/28/2020 74267GUN5 10082 Privatebank & Trust Cc - CD 05/21/2014 248,000.00 249,327.30 248,000.00 1.650 1,645 1,024 1.653 11/21/2018 795450SF3 10097 Sallie Mae Bank 08/06/2014 248,000.00 250,051.21 248,000.00 2.050 1,826 1,282 2.051 08/06/2019 87482VAA3 10096 Talmer Bank &Trust 08/06/2014 248,000.00 248,068.94 248,000.00 0.700 733 189 0.701 08/08/2016 981571BD3 10113 World's Foremost Bank 05/13/2015 200,000.00 199,529.80 200,000.00 2.000 1,827 1,563 2.002 05/13/2020 94768NJU9 10088 Webster Bank 07/02/2014 248,00000 249,74344 248,000.00 1.900 1,826 1,247 1.901 07/02/2019 Subtotal and Average 9,569,644.11 9,626,000.00 9,661,395.43 9,625,654.40 1,584 1,045 1.462 Municipal Bonds 189849KY7 10125 283309KN1 10134 Wells Fargo Sweep Account Coachella Valley School Dist EI Monte School District Subtotal and Average 1,645,263.54 09/15/2015 11/05/2015 880,000.00 901,480.80 750,000.00 761,985.00 1,630,000.00 1,663,465.80 888,113.58 2.885 1,782 1,643 2.665 08/01/2020 756,992.03 2.148 1,272 1,185 1.850 05/01/2019 1,645,105.61 1,547 1,432 2.290 SWEEP 10036 Wells Fargo Subtotal and Average 07/01/2012 785,580.65 975,886.99 975,886.99 975886.99 975,886.99 975,886.99 975,886.99 0.010 1 1 1 1 0.010 0.010 Total and Average 28,906,504.03 30,747,270.67 30,820,460.88 30,741,607.02 1,250 621 1.249 Run Date: 02/12/2016 -15:43 Portfolio POOL AP PM (PRF_PM2) 7 3.0 CITY COUNCIL Agenda # 6.5 Meeting Date: 3/1/16 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M n TITLE: APPROVAL OF AGREEMENT W TH EXTERIOR PRODUCTS CORPORATION FOR SERVICES RELATED TO VERTICAL STREET POLE BANNERS, IN AN AMOUNT NOT -TO -EXCEED $50,000 ANNUALLY FOR THE TERM OF 3/1/16 THROUGH 6/30/2019. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for these services are included in the General Fund of the 2015/16 fiscal year budget. BACKGROUND/DISCUSSION: Exterior Products provides vertical street pole banners for several City programs and events including: the Armed Forces banner program, City Birthday Party, Concert/Movies in the Park and Holiday Banners. Exterior Products provides exceptional service throughout the year with a 24 hour response team, traffic control plan and detailed maps of the banner locations for our Armed Forces program. In addition, Exterior Products stores over 250 City banners throughout the year when they are not in use for these various programs: City Birthday Party, Concerts/Movies in the Park and Holiday Banners. During the past year, staff conducted two RFP processes for the services that Exterior Products provides, one for banner related services and the other for the production of new holiday banners. They were the low bidder, and although several companies were able to produce and install the banners, none were able to provide storage nor duplicate the quality hardware Exterior Products is able to supply. Staff expects this bidding pattern to continue for the next few years. Lastly, City staff reports that Exterior Products continues to be extremely professional, and is very responsive in fulfilling the needs of the City. Per the City's Purchasing Ordinance, an award for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $40,000 without prior approval from the City Council. Staff anticipates expenditures of $18,900 for Armed Forces, $3,000 for City Birthday Party, $4,600 for Concerts/Movies in the Park and $20,432 for Holiday banners for the 2015/16 fiscal year, for a total estimated expenditure not to exceed $50,000. PREPARED BY: Christy Murphey, Recreation Superintendent Andee Tarazon, Community Services Coordinator REVIEWE 6 Bo Rose Community Services Director Attachment: Agreement with Exterior Products Corporation Exhibit A of Agreement THIS AGREEMENT (the "Agreement") is made as of March 1, 2016 by and between the City of Diamond Bar, a municipal corporation ("City") and Exterior Products Corporation ("Contractor"). Subject to the terms and conditions set forth in this Agreement Contractor shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Contractor represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Contractor represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Christy Murphey, Recreation Superintendent (herein referred to as the "City's Project Manager"), shall be the person to whom the Contractor will report for the performance of services hereunder. It is understood that Contractor shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Contractor shall be performed to the satisfaction of the City's Project Manages- and the City Manager 2. Teruo of Agreement. This Agreement shall take effect February 16, 2016, and shall continue until June 30, 2019. This Agreement may be extended as provided herein. 3. Compensation. City agrees to compensate Contractor for vendor services which Contractor performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City in the amount specified in Exhibit "A" for vendor services. Payment for services and incidental labor shall be at the rates sets forth in Exhibit "A"; provided that total payment to Contractor pursuant to this Agreement shall not exceed Fifty Thousand Dollars ($50,000.00) in any fiscal year without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. Effective July 1, 2017, and each July 1 thereafter for the term of this Agreement, Contractor's compensation and hourly rates shall be adjusted to reflect the increase in the Consumer Price Index for the Los Angeles -Anaheim Riverside metropolitan area ("CPI") during the calendar year prior to the adjustment. For example, the adjustment effective July 1, 2017, shall be based on the CPI for calendar year 2016. A. As scheduled services are completed, Contractor shall submit to City an invoice for the services completed, authorized expenses, certified payroll and authorized extra work actually performed or incurred. 1 B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. C. City will pay Contractor the amount properly invoiced within 35 days of receipt. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Contractor. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement:. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor shall fully comply with Workers' Compensation laws regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable Worker's Compensation laws. D. Contractor shall, at Contractor's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Contractor's failure to comply with this Section. 8. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work' contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Contractor shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, toss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Contractor's employees or Contractor's contractor's employees arising out of Contractor's work under this Agreement; and (2) Any and all claims arising out of Contractor's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Contractor's legal counsel unacceptable, then Contractor shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the Indemnitees: It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 10. Insurance. A. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.o0 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; 3 occurrence; (2) property damage insurance with a minimum limit of $500,000.00 per (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $1,000,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Contractor shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Contractor (as the named insured) should Contractor fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Contractor understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Contractor as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Contractor's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Contractor for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. 4 Gam' H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessaryinsurance and any premiums paid, plus 10% administrative overhead, shall be paid by Contractor, which amounts may be deducted from any payments due Contractor. I. Contractor shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. I 11. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without 'written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Contractor prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Contractor's prior written consent, use the same for other unrelated projects. 12. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Contractor and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Contractor's records regarding the services provided under this Agreement. Contractor shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Contractor agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 5 r 14. Termination. The City may terminate this Agreement with or without cause upon thirty (30) days' written notice to Contractor. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the thirtieth (30th) day following delivery of the notice. In the event of such termination, City. agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, unless the notice provides otherwise except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require. Contractor to exclude any employee from performing services on City's premises. A. The City shall have the option to extend this Agreement for no more than three (3) - one year extensions, subject to the same terms and conditions contained herein, by giving Contractor written notice of the exercise of this option at least thirty (30) days prior to the expiration of the initial term of this Agreement. B. In the event the City exercises its option to extend the term of this Agreement for more than one additional year, the Contractor's unit prices shall be subject to adjustment at the end of one-year extension and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the Contractor, but in no event shall the increase exceed the amount that the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (June) as reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. Any increase in compensation, negotiated or based upon CPI, shall be subject to approval of the City Council if this Agreement was originally approved by the City Council 17. Reserved. 1E. Won -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, 3 recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 13. Contractor will;, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal ,opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, ;national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 19. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall do all things necessary and incidental to the prosecution of Contractor's work. 20 Delays and Extensions of Time. Contractor's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Contractor must document any delay and request an extension of time in writing at time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Contractor's control. If Contractor believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Contractor be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Term$, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement, In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Contractors. 25, Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding; whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONTRACTOR" Attn:: J Phone: E -Mail: "CITY., City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: James DeStefano Phone: 909.839.7010 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do -- so under the City's Purchasing Ordinance. IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Contractor" "City" ExteriorProductsCorporation By. Printed Name: T —���s�<. Title: By: Printed Name: Title: Approved as to form: A City Attorney By: Nancy A. Lyons Mayor ATTEST: City Clerk State of California "CONTRACTOR'S" License No. 947006 CONTRACTOR'S Business Phone (714) 632-3509 Emergency Phone (714) 632-3509 ext. 7200 At which CONTRACTOR can be reached at any time. 9 Exhibit A Pg. 1 or Products, Corp. Worth. Shepard Street Estimate 003571 >iro, CA 92806 - .. (714) 632-3509 pate 5740015 (714) 532-3589 - jrfmaxteriorpi-oducLs. net Start Ship Date Shipping Via Hep ID Terms li Special kl In H -e 100 Bill To: Ship To: City of Diamond Bar City of Diamond Sar 21810 E. Copley [)rive 21810 6 Copley Drive Utarnond bar, CA 91765 __.. _ - Dlalread Bar, CA81765 Contact: Andee Tarazon plwnc: (509) 839-7067 Fax: (909) 348- 83 16 L'anldct; Andee Taraznn Fhone- (909) 839-7067 e -mal: AIe1'aaoc5aD1gmovd BarCA GDW Quantity Dearcl-hodon I Unit Price; extended { RFP Armed Forces Bari Fiscal Year July 2015 - June 2016 30 Banner: 30' x96" 25 or. blacli vinyl, 1 piece/lays'- (complete banner) 99.00 2,97090 doublo layer pole pocket grommets top,/ bottom digtally processed, double Sari hanger 2 year yarranly vdhen iusioued nu aur brackets i Each banner has custorn name and specifier) Military Branch 30 Brackets: High Wind Flax 41 adiustahic w/ 31" candlevEred 11b'eryiass arm 105.U0 3,1501,00 ' fastened with HD 5/8" worm drove bands (ULt $125,00) 25 labor for installation Install/remove/soc re a.lsilna banners 45,09 '1,1[S,L`0 1 Labor for installation Install 1 Singia banner (min trip for truck Is $156J TSO-dU (50.00 Includes master Ilst{maG based on current Installidut, arid future ualers - DApJ1et OlotekeC Labor f min irl 50) Order 51 k A9-00 $ 105.00 Q. 4S.00 Replace 1.4 99.00 $ 105,00 '$ 60.00 2 Emergency Servile Crllis- 150.00 30010 ZS0.00 M -F for 24 hour re5pen9e time to ;emove 1-4 bannr.re '245.00 Sat -Son for 24 hour response time to ieni 1-4 Canners Freight/ Shipping Ca elated $S,40/ banner I i.on[rac[ors unions c mvuuo, Calm Federal Tax III N 27-1383]6) Boats taf 605,00 _ Quote V I d U eih G/4/2015 Tax 0.60 FircIghti--lisa ao Seller Signature. Jeff 7R Rovinsky Custornar Approval Total B 7i,80 'I Itlel Prinalpai Sign, email or fax to 714-632-3589 F Please sign this estimate ,and fax to: 7i4-632-3589 to indicate your aPprovrC our dell ns survc res Its and co... •.. _ __.. ..._._.. .. ... .... ....... .. ...,_ p .___.-.. .... 9 y nFldenllal quotas are not [a be mpito, shared or d is in ibu[ed T015 L a conflden,ia. mmmun cation to, [�e :.nlulded ren lent and L fnnlm Jnk,Cn,l prh , p, d by law. ' cancellation irbiect to 1S°lo restou, np fee `FhS hall 'iv; a r I r i 6r n i u u—,d"," vire th,l [ s rf e Stn CA, Not ai Partnership or s Wt Venture ArblSraHan of Olsput s- any dispute or cla�rj n lex, (,r eruity arising aft of non neem l to dF W I by nrdcm thdln9!. arbiratmn nu, unsuccessful party it such action ---agrees to urmburse til: sur'i'sS ) pfgv th-rin f,r Its ca�onat e v p;.n_,, end &torr/'s er,s Con[rcSnr �t re -p Bible rav'nilal ntr Auto rL-d. ... ..... .. _. ... .. ... ......... ........._....... . __.___ ............. _.......... for Products, Corp. North Shepard Street aim, CA 92806 . (714) 632-3509 Bill Tot City Of Din Mond Bar 21810 F, Copley Drive Diamond Bar, CA 91765 Contact: Andel Tarazon.,. phone: (909) 839-7067 Fax: (909) 348-8315 Ship To; City of Diamond Bar 211310 L. Copley Drive Diamond [Sur, CA 91765 Contact; Andee Tarazan Phone: (909) 839-70167 e-mail: LST raznrl(bi (Ila rondBarCA�oq Exhibit A Pg. 2 Estimate tlDs^624 Date 9/4/2015 Federal'iac ID 9 27-1383763 Quote Valid Untib 8/3.1/2015 Subtotal .._L7,400,00 Tax 915.00 Seller Signature: Jeff IR Rovinsky Customer A roval Freight 540.00 Title: Principal Total 19 8�q0 H4P." Sign, email or fax to 714-632-3584 Please sign this estimate and fax to: 714-632-3589 to indicate your approval. Oar deli rexcip curve results and Confidential nates are not to be co ed, shat ......„... .. ... _ .....,-_.._.....,,_ .............,................ Intended recipient an a communication privileged by law. ed or disulbuted. Tlr(s Is a e,rfdcnual mmmunicatian for th,l Cancellation subject to 15% restockmq fee. Jtrls contract Shall he rcnstrued and governed h- e rordance with the laws of m c ar ]one venture Ar6lnatian of 31spuYes- any mspute or claim In law or drably -m miry the If CA. Not a Partner hr un ucce slut party In such BCtlpn agrees to Peimbuose die successful party � out of this 6rtrcement be deeded by neutral bindino aroit,fiol, l.e fn sandeism cr Acts of God theft n for is reasurrW, expenses and J!torney s mescal ur not resile risible! RFP —� Holiday Banners Fiscal Year July 2415 -,June 2016 - 100 Banners: 30" x 96" I8 oz. blackout ,it, vinyl, 1 piece)€ager- (complete banner } 102.00 double layer pole pocket, grommets top/ bottom I0,2p0.40 unlimited designs and colors -printed 720 dill dlgltaily processed, doubt, sld,d Gann.. 5 year warranty with lamination and Installed on cur brackets 100 Brackets: High Wind Flex ISI adjustable w/ 31" Cantilevered vibirgiass fastened with HiJ 5/8" worm drive bands (List $125.00) - Conditions are for rental for 45 days "no charge" Engineered hardware with proof of wind load - -- 100 Labor: Install/remavalstore existing banners Includes annual cleaning 45.00 4,500.00 Includes coordination with current military banners 100 Labor: Liquid Lamina Gen- Band fall- 2 coats with high density short nap roller 10 Getups of CS UV laminate in matte finish $95.89 per9a1. inciudetl 27'00 2.700.00 This $959.90 is included in the price 2 mats each side, 24 hours in between coats Federal'iac ID 9 27-1383763 Quote Valid Untib 8/3.1/2015 Subtotal .._L7,400,00 Tax 915.00 Seller Signature: Jeff IR Rovinsky Customer A roval Freight 540.00 Title: Principal Total 19 8�q0 H4P." Sign, email or fax to 714-632-3584 Please sign this estimate and fax to: 714-632-3589 to indicate your approval. Oar deli rexcip curve results and Confidential nates are not to be co ed, shat ......„... .. ... _ .....,-_.._.....,,_ .............,................ Intended recipient an a communication privileged by law. ed or disulbuted. Tlr(s Is a e,rfdcnual mmmunicatian for th,l Cancellation subject to 15% restockmq fee. Jtrls contract Shall he rcnstrued and governed h- e rordance with the laws of m c ar ]one venture Ar6lnatian of 31spuYes- any mspute or claim In law or drably -m miry the If CA. Not a Partner hr un ucce slut party In such BCtlpn agrees to Peimbuose die successful party � out of this 6rtrcement be deeded by neutral bindino aroit,fiol, l.e fn sandeism cr Acts of God theft n for is reasurrW, expenses and J!torney s mescal ur not resile risible! Exterior Projects - Projected Work for FY 15/16 Exhibit A Program Expected Expenditures Armed Forces Banners $18,900.00 City Birthday $3,000.00 Concerts/Movies in the Park $4,600.00 Holiday Banners $20,432.00 As needed - emergency take downs and replacements $3,068.00 Tota I $ 50,000.00 CITY COUNCIL Agenda 4 6.6 Meeting Date: March 1, 2016 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M er TITLE: AWARD A DESIGN AND CONSTRUCTION ADMINISTRATION/ INSPECTION SERVICES CONTRACT FOR AREA 4 RESIDENTIAL AND COLLECTOR STREET REHABILITATION TO ONWARD ENGINEERING, INC. IN THE AMOUNT OF $119,753.00 AND AUTHORIZE A CONTINGENCY AMOUNT OF $12,000.00 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $131,753.00. • 7MIP•,3 Award. FINANCIAL IMPACT: The FY 2015-2016 CIP Budget allocated $1,750,000 for the Area 4 Residential and collector Street Rehabilitation Project utilizing various funding sources. BACKGROUNDMISCUSSION: As shown in Exhibit "A, the project objective is to complete approximately 14.4 centerline miles of residential & collector roadways with slurry seal/chip seal or some other recommended pavement rehabilitation application and to remove/repair isolated damaged AC pavement. On January 25, 2016, four (4) proposals were received for design and construction administration/ inspection services for the Residential and Collector Area 4 Street Rehabilitation Project in response to the City's Request for Proposals (RFP). The proposals were reviewed and evaluated based on 1) general responsiveness to the City's RFP, 2) staff and firm experience with projects in similar size and scope, 3) approach/methodology, 4) hours and level of effort, 5) ability to meet the City's schedule and expectations, and 6) references. 0 The table below lists the proposed fees from these professional engineering consultants: Onward Engineering, Inc. 1 $ 119,753.00 Tait & Associates, Inc. 1 $183,066.00 PENCO 1 $ 190,856.00 TKE 1 $333,700.00 In consideration of the six (6) criteria mentioned above, staff concurred that the best qualified firm for this project is Onward Engineering, Inc. Onward Engineering, Inc. submitted a thorough proposal for design and construction administration/ inspection services which detailed their methodology and approach clearly while identifying critical strategies that have been tailored specifically for this project and to the City's needs. Also, Onward Engineering, Inc. emphasized the need to prepare an expeditious design schedule to ensure construction completion prior to nearby schools' August 2016 fall term start date. Lastly, Onward Engineering, Inc. has assigned staff that has been proven to be qualified in design and inspection of similar projects. Onward Engineering, Inc. has continuously been reliable and responsive to the City's needs and consistently provided a high level of quality and dedication to every project awarded to them in the past. It had also been staff's experience that Onward Engineering, Inc. keeps track of a list of "Lessons Learned" from past projects that are carried over to future projects and help improve management of these projects. Attached is the updated Consulting Services Agreement with the firm's scope of services and fee schedules. Staff followed up with the questions from Mayor Pro Tem Jimmy Lin at the last Council meeting regarding the determinations of the applicability of prevailing wages and the employment status of the construction inspector for the project. Staff verified that the proposed inspector for the Area 4 Residential and Collector Street Rehabilitation Project is an employee of Onward Engineering, Inc. and will be receiving prevailing rate for an inspector. Furthermore, staff confirmed that Onward Engineering, Inc. is registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. The project schedule for this year's slurry seal/overlay project is tentatively set as follows: Notice to Proceed with Design March 2016 Plans and Specifications Complete June 2016 Construction Contract Award July 2016 Construction Complete September 2016 John Beshay, Associate Engineer REVIEWED Davi G. Gu, P.E. Director of Public Works Date Prepared: February 23, 2016 Attachments: Exhibit A- Onward Engineering, Inc. Proposal Scope of Work & Fee Schedule Area 4 Exhibit B -Consulting Services Agreement Exhibit C- Area 4 Residential & Collector Map ExL-Obtt cc A" Project Approach OE uses a 5 -step approach for public works projects which correlates to the Project Management Institute (PMI) standards for project management. By implementing this approach, we feel that we are Pnairine nualitv and the successful design of this project. Our Quality Policy states that OE is committed to understanding and meeting the City's needs and complying with statutory and regulatory obligations at all times. Therefore, all projects will be executed in a manner that emphasizes safety, quality, schedule and maximum cost effectiveness. Our team prides itself on the quality of the engineering and construction management services it provides. As a matter of fact, members of our projectteams make great efforts to assure that each project is of the highest possible quality, meeting or exceeding the needs and expectations of our valued Clients. OE's Quality System consists of three integrated and coordinated components; these are: 1. The Quality Assurance/Quality Control Manual (Design and Construction Projects) 2. The Standard Operating Procedures 3. The Project Quality Control Plan. This is the Project/Site specific QC plan. Project Understanding Onward Engineering (DE) is a firm committed to client satisfaction and personalized solutions. Our approach to preparing this proposal was the first become familiar with the project site, projected scope, and the City's vision. OF has visited the project limits to conduct a preliminary field investigation, carefully reviewed the City's RFP; and handpicked ourteam. This allows us to present a carefully constructed approach and scope, realistic schedule, an inclusive and fine-tuned fee. The City of Diamond Bar is requesting a team to provide full design engineering, construction management, and inspection services on the Area 4 Residential and Collector Rehabilitation Project. The limits cover 14.4 miles, north of Pathfinder Road and west of the 57 freeway, as shown on the following page. The project budget is $1.75 million. Our experience on these types of projects including experience in the City of Diamond Bar has taught us several things. First, the field investigation must be carefully conducted to make note of secondary improvements such as manhole drop-offs and water valves. During the field walk, our team will measure the slope of each street. Streets with a high slope can cause quantities to be underestimated. Measuring the slope allows our design team to be much more accurate. Second, our team will use the Pavement Management System (PMS) to get a preliminary cost estimate. This will allow us to get a good handle on the budget necessary to incorporate the recommended design. After getting this preliminary estimate, our field walk will confirm these costs. During the field walk, we can make adjustments to get within budget if necessary. Adjustments at that point are easier to do on an as needed basis. This allows us to have flexibility throughout the design; instead of hitting a wall and requiring full redesigns because the budget does not work. We will also assess alternative rehabilitation methods for the City's review. One of these potential alternatives is an Emulsion -Aggregate Slurry Mix. This mix is utilized by the city of Anaheim. It is a homogenous mat which adheres firmly to the surface and provides a skid - resistant surface texture. This can be coupled with an accelerator to minimize impact on residents. The third lesson learned is to perform a pre -construction field walk where we take a complete video of the existing parkway. This allows us to avoid/justify resident complaints about broken sprinklers, driveways, landscaping, and the like. In our experience, this is a great way to eliminate drawnout complaints and to properly assess liability and Contractor performance. Another lesson learned involves the reporting in the field during construction. Quantities will be recorded on a daily basis and alerts at 25%, 50%, 75%, and 90% milestones will be triggered. The Construction Manager will then assess that bid item to make sure that the quantities are where they should be. This allows us to proactively manage the work and to be on top of any potential overages before they occur. `n voh DI Bell, Piney, m % SI Denis Let�olis Chmdr fr'rr Fril✓<e - Fail'i.ldt'rgd erd Lr r t ern,sd Be _ 'C` Field Observations Our initial field observation indicate that the AC exhibits longitudinal and block cracking throughout the project limits as well as potholes of varying sizes. Weeds and grass were also growing in some areas where the AC had deteriorated adjacent to the curb. The OE design team will, upon selection, go back out and walk every street to identify the most cost effective rehabilitation method while also meeting the City's goals. Additionally, we noted various traffic control devices including split speed humps and raised pavement markers. These will be called out on the plans that they are replaced or preserved during construction. The sidewalk in specific locations was severely uplifted. We were also able to find slotted gutters, which the City may want to consider removing and replacing since they are unsafe for cyclists and wheelchairs. During the field walk, we noted areas where there was ponding in the cross gutters. OE will ensure that our design addresses drainage concerns and includes proper cross falls. Concrete improvements will be prioritized and photographed so that the City can include the most critical improvements based on the available budget. OE will expeditiously prepare the design so as to ensure construction completion before schools open on August 15, 2016. To achieve this, we will make this project their ultimate priority and we will not over allocate the proposed design team Design Scope of Work Our corporate culture thrives on innovation, and we are dedicated to keeping up with industry standards and new technologies. OE provides Ingenuity in its engineering solutions. We consider every project an opportunity to make peoples' lives more comfortable. As a company, we feel it's important to base our goals and objectives on a solid foundation of good corporate ethics. The following is our proposed scope of work for this project, we have no exceptions to the City's stated scope of work. Phase I — Site Research I" -t � OE will set up a design kick-off meeting with City staff to discuss the scope of work, objectives, design criteria, technical requirements, and project schedule. It is important that the scope of work and schedule be reviewed by the City at this meeting to ensure a smooth and successful project. OE will utilize this meeting to identify additional meetings to be coordinated for specific milestones. Deliverables - Meeting minutes and agenda The OE team will compile and review all existing plans and documents available from the City of Diamond Bar and County Public Works Department. Existing documentation research that will be reviewed Includes State, County, City, utility, and other pertinent records and documents, existing street, signal, storm drain, gas, sewer, and water main improvement plans, topographic data maps, record drawings, utility plans, geotechnical reports, survey centerline and private property monument data, and other important information. All records will be compiled and returned to the City upon project completion. Deliverables -Existing records matrix and copies of existing records OE will conduct a field survey to confirm existing site conditions, develop base sheets, inventory repairs, and to shape the scope of work. OE will identify areas for slurry seal, rehabilitation, AC pavement reconstruction, and grind and overlay. Additionally, the OE team will identify all slotted cross gutters for removal and replacement. A prioritized list of damaged sidewalk, damaged curb and gutter, and non-compliant access ramps will also be noted so that the City can determined, based on the budget, what to address. The precise limits of removal and replacement will be called out during construction. OE will verify records drawings and data and inventory roadway signage and existing pavement markings. OE will prepare a photo log of key project areas. OE will coordinate with the City to ensure that all desired improvements are noted to ensure that all necessary data is obtained and considered in the design. A report of our findings will be prepared and presented to the City prior to proceeding with the design. Deliverables: - Site evaluation notes, photos, & video (parkway, roadway, & other repair locations) - Pavement marking and roadway signage inventory rlll'�,.r_J.ry yE[t�6y"jlF fi0 We believe that utility notifications are a low cost/high value component of every design project. Our past experience working on similar projects has allowed us to set a highly successful utility coordination protocol that greatly assists in the success of public works projects. First, we focus on confirming the contacts for all existing utility facilities. OE will conduct existing records research and coordination with utilities in the area and all design work will be coordinated with the affected utilities. OE will conduct an online design investigation through Dig -Alert which allows our staff to research and confirm the most recent contacts for all present affected utilities. Each company will be contacted & informed of the upcoming project. OE then conducts a three -pronged utility coordination and investigation protocol which involves a detailed local utility research, a three-step utility notification protocol (inform, advise, relocate/adjust), as well as utility coordination meetings. If we deem it necessary, we will meet individually with the affected agencies, at no additional cost to the City, to ensure project success. We will notify all affected utility companies to alert them of the upcoming project and request verification of the sizes, depths, and locations of their underground lines, facilities, and substructures within the project vicinity. After receipt of information from the utilities, OE will cross check the plotted locations with field review information to ensure the existing utility lines are shown in their proper locations. Once the proposed improvements have been finalized, OE will identify potential utility conflicts and determine where relocations will be required. Deliverables -Utility contact matrix -1n, 2nd, and 3rd utility notices -Utility notification log -Correspondence to each utility company Phase'li Project Design Once the Site Research Phase is complete, OE will immediately begin the preparation of the plans to make 65% and 90% submissions. Our design team will begin to populate the plan set with the necessary plan information. OE will also coordinate with adjacent agencies or utilities and submit the necessary plans for the review or approval. Each submittal will be preceded by submission of an electronic copy. This allows us to ensure that the schedule milestones are met. OE will coordinate plan check meetings at the 65% and 90% submittal phases with the City. OE will also prepare a summary of the submittal review comments and scanned redlined plans in electronic format on CD. Upon receipt of the comments, OF will actively Incorporate all comments and bring the previously noted plans to 90% completion level. Plans will indicate AC pavement reconstruction areas as well as mill and overlay limit. Our plants that will also include striping plans and will reference traffic control per California MUTCD. Plan sheets expected for this project include: 1- Title Sheet (1 page) 2- Plan Sheets at 100 scale (15 pages) Deliverables -65% & 90% Plans (2 hard copies dated and marked "Check Set" & digital copy) Clarity of bid items, site control, and payment method for each item of work are crucial in the preparation of the project specifications. OE will edit the "boiler plate" specifications provided by the City of Diamond Bar. OE will also prepare the technical portion of the project specifications utilizing the Standard Specifications for Public Works Construction (latest), Standard Plans for Public Works Construction (latest), and the City's Standard Specifications and Plans (which we are extremely familiar with) . We will ensure that each pay item is clearly referenced and described in each applicable section of work. The bid schedule will be included per City Standard and as directed and approved by City staff. Close attention will be paid to the delineation of each bid item to ensure that the specified project scope covers the full intent of the City. Deliverables -65% & 90% Specifications submitted in email in Microsoft Word Format For this work item, OE will prepare an Engineer's Estimate in tabular form for each construction item showing quantity, unit price, and total cost. Additionally, we will submit backup documentation. The cost estimate development will be a continuous process which begins at project inception and ends with design completion. Our office constantly updates the unit price records from recent local projects in an effort to provide the most accurate project estimated costs. It is important to take into consideration the size and location of the project in comparison to the baseline projects. OE will utilize our knowledge of rehabilitation methods and our conceptual design documentation to aid in the preparation of the Preliminary Statement of Probable Costs. The OF design team will meet with the City to discuss project scope adjustments before the preparation of plans and specs. With the use of Civil 3D software, we are able to track the quantities and costs while preparing the plan set. This allows us to keep the cost in mind as we conduct our design. We are aware of the City's budget, and we will work with the City throughout the design to ensure that any cost reduction measures are incorporated in to the project to ensure the project is completed within the allotted budget. Deliverables -65% & 90% Engineer's Estimate Once the City has completed the review of the 90% PS&E, OE will meet with City staff to go over any final comments. Upon receipt of the comments, OE will expeditiously work towards the completion and submittal of the 100% PS&E. It is not anticipated that any major changes will be required for the 100% Submittal and it will be our goal to have a quick turnaround so that the City can actively pursue getting this project out to bid. Additionally, if upon submittal of the 100% PS&E package it is noted that minor changes are needed, OE will incorporate all necessary changes. OE will plot the final plan set, wet sign all necessary bid documents and will compile our design files for a final submittal to the City. At this phase plans will be guaranteed to meet the 5 C's, consistent, clear, correct, constructible, and complete. A discussion of our QA/QC plan can be found following this section. Deliverables -Engineer wet signed hard copy plans (3 bond copies) -PDF copies of Plans and Specifications on CD PJ��s .111— Bid Assistance OE will provide ongoing support services during the bid phase. We have a multitude of experience providing bid assistance and construction management services. We will respond to Requests for Clarification (RFC�,.and Requests for Information (RFIs), makerevisions to the PS&E if requested, prepare addenda at the City's request. Deliverables -RFI responses (RFI Log) -Addenda (if issued) The Contractor will re-establish centerline monuments and prepare corner records. However, the OE team will oversee this work item and review submittal priorto County recordation. If it is discovered that a signed and reviewed set of plans requires revisions due to errors and omissions or as a result of utility company review of the plans and specifications, OE will make changes in a timely manner at no cost to the City of Diamond Bar. Any other changes requested by the City during construction resulting from changed conditions will be done in a timely manner so that the construction proceeds unobstructed. Project Controls Achieving design quality is the foundation for keeping costs under control during construction. Nothing is more important than design quality. It must be stressed during all stages of project design, including concept development, preliminary design, detailed design, and bid and award. Effective Construction Management (CM) begins during design because the costs of CM, including change orders and claims, are largely determined by the design quality. Nothing provides a better return on investment than focusing resources to produce a quality design. Emphasizing design quality and design clarity is the surest way to minimize the amount of change orders and construction costs. There is no better or more effective way to control total project costs than producing well-documented, well designed plans and specifications. Quality assurance is a proactive measure taken to ensure the systems and procedures are in conformance with the City's requirements and expectations. Plans and specifications must be of high quality, which means they must be clear and understandable, complete, accurate, consistent, and constructible. The Contractor receiving these plans should know exactly what to bid thus minimizing areas of interpretation to a minimum. The requirement for public bidding puts additional pressure on the design engineering team to achieve both quality and clarity in plans and specifications. Accuracy and consistency among the calculations, drawings, specifications, and all project documents are essential to achieving the desired project quality. .,.,.__.w,--_-- --__._._.. Our submitted documents will go through three levels of review priorto each submittal: Initial Peer Review, Project Manager Review, and QA/QC Review. This three tiered review allows for error mitigation on three separated levels of detail: ground level (drafting, calculations, and document formatting), project management level (design and project intent compliance) and quality assurance level (completeness of document and ensure "biddable' plans). Plan checks will ensure that the plans meet the 5 C's: consistent, clear, correct, constructible, and complete. Our project engineers and project managers recognize that quality is the result of several processes. It requires many individuals performing many appropriate activities at the right time during the plans development process. Quality Control does not solely consist of a review after a product is completed. It is an approach and a realization that quality is something that occurs throughout the design process. QC means performing ail activities in conformance with valid requirements, no matter how large or small their overall contribution to the design process. Good CAD techniques, attention to detail, and ensuringthe plans are correct and useful to the contractor are also essential to quality. The design team follows OE's established design policies, procedures, standards and guidelines in the preparation and review of all design products for compliance and good engineering practice as directed by the Project QC Plan. OE has a versatile construction management and Inspection team that is capable of taking on multiple roles. Due to our dedication to modernization and commitment to quality, we have a perfectly blended team of technology conscious individuals and well -seasoned construction managers and inspectors. We guarantee that our staff can complete construction from A to Z while staying in communication with the client to ensure full satisfaction. Our construction managers and inspectors of record (10R) place a high value on quality and safety, and will institute a set of controls to manage scheduling and budgeting efficiently. OE has assumed that the construction will last 45 working days per the City's RFP. OE understands the City's goal of completing construction priorto August 15", 2015. Our schedule reflects a comfortable expeditious schedule which will meet this deadline while ensuring that the final product, both during design and construction, is of the high quality that meets and exceeds the City's expectations. What follows Is a general description of our scope of work during construction which further showcases our understanding of the work required by the City as a result of this RFP: Pre -Construction Phase Constructability Review The CM will review the PS&E to become familiar with the project. The Benefits: CM will run the initiation of project controls at this phase as well as Allows our team to convey all project specific information reviewing and commenting on the Contractor's preliminary schedule, and key items. Allows our submittals, and notifications to utilities. The CM will arrange/conduct team to gain a solid pre -construction meetings and answer questions from the City and understanding of the project businesses. requirements and City goals. Deliverables: The Construction inspector will review PS&E and become familiar with Meeting agenda, notices, and the Contractor's preliminary schedule while making suggestions to the minutes. CM. The inspector will also attend pre -construction meeting and answer questions as necessary. RFI Coordination The CM will review RFI's, samples, shop drawings, and coordinate with Benefits: Quick and accurate responses the project designer for interpretation. The CM will also conduct to Contractor to minimize meetings with the Contractor to discuss and resolve any RFIs, delays. Deliverables: The Construction Inspector will provide assistance for background, Assist in RFI review. clarifications, provide field data for necessary RFI information. Submittal Review The CM will process/track RFI's, submittals, shop drawings, change Benefits: orders, revisions, review estimates for reasonableness and cost Ensures all contractor materials, methods & notices effectiveness. are in compliance with PS&E. The Construction Inspector will provide assistance for background, Deliverables: clarifications, and provide field information as necessary. submittal log, stamped submittals, recommendations. Construction Phase Weekly Progress Meetings (Bi -Weekly) The CM will schedule/conduct weekly progress and dispute Benefits: resolution meetings as necessary to discuss contract issues, Allows discussion of milestones and issues to procedures, progress, problems, CCOs, submittals, RFIs, deficiencies ensure compliance with the and schedules. These meetings will be conducted weekly at the city's PS&e. initial stages, then may transition to bi-weekly. Deliverables: The Construction Inspector will attend weekly and bi-weekly Meeting agenda, minutes, and weekly statement of progress meetings to communicate, coordinate and resolve any calendar, working days issues that may arise at the job site. report, and status reports. Project Schedule Review The CM will review schedule updates. The CM will compare work Benefits: progress with planned schedule and notify the Contractor of any Provides a solid baseline schedule for planning and slippages and pursue options to get the Contractor back on analysis of project during the schedule. The CM will obtain weekly updates from Contractor that construction phase. incorporate progress, weather delays, and CCO impacts. The CM will assist the City in negotiating time extensions and submit monthly Deliverables: progress reports to the City with a narrative on the progress and Construction schedule updates. complete Earned Value Analysis. The Construction Inspector will review construction progress schedules regularly, verify schedules are on track, identify deviations, and ensure corrective actions are taken to bring the project back on schedule. Community Coordination The CM shall serve as primary contact and authority for this task. Benefits Respond to questions and concerns of community, and coordinate Minimizes construction impact to residents and with the Inspectorto ensure project update signs. The CM will assist businesses. the City with coordinating services of other consultants and review Public Notices to ensure accuracy and to avoid business impacts. The Deliverables: CM will notify the City's Project Manager with any significant issue, Community coordination records to include business and work with the Inspector to compile a log of all queries and name, contact, phone discussions with business community. number, address, discussion notes including the date of The Construction Inspector will update signs within project limits, discussion, and any action and coordinate with the Contractor, safe and acceptable access to taken. adjacent businesses during construction. The Inspector will coordinate the mitigation of construction impacts with all necessary parties, and ensure all Public Notices are distributed to each business affected by the project. Construction Inspection The CM will work closely with the Construction Inspector and review Benefits: Daily Construction Reports (DCRs) provided by the Inspector. Ensures active monitoring and documentation ofjobslte and project progress. Also, provides The Construction Inspector will provide continuous inspections so the notes on labor, weather, project is constructed according to specifications. The IOR will also progress, key items, and field prepare DCRs and WSWD, monitor compliance with City's Construction observations, clear Demolition & Recycling Ordinance, review soil compaction and documentation of existing condition, progress of materials testing certifications of compliance, and coordinate with the construction, and final field City regarding quality of work completed. Take photos and video prior, conditions. during, and after construction, and prepare a Daily Photo Diary which will be available with the DCR in real-time to the City. The Inspector will Deliverables: prepare field blue -line set of drawings to incorporate Contractor record Daily reports, weekly statement of working days, daily photo drawing markups. Lastly, assist in monthly progress payment diary, raw image files &video. recommendations by making measurements of bid items. OE has coordinated with AESCO to provide as needed materials testing services during construction. Geotechnical inspection assumes 4 half days during AC and 4 full days during Slurry operations. Job Safety Compliance The CM will work with the contractor to implement job safety Benefits: procedures in compliance with CAL -OSHA requirements, and monitor Ensures a safe and successful construction project from Contractors compliance with established safety protocol. inception to completion. Also, ensure full federal, state and The Construction Inspector will monitor job safety procedures in local safety standard compliance with CAL -OSHA requirements, monitor contractor's compliance. compliance with established safety program, document deficiencies and hazards, and investigate, report on accidents, observe construction Deliverables: safety, public safety and convenience, and report discovered problems Safety infraction reports. to City. Change Orders The CM will establish, implement and coordinate systems for Benefits: processing all contract change orders. Review and evaluate, via an Provides clear documentation review and recommendation independent cost estimate, cost proposals submitted by the contractor for change orders to maximize for all contract change orders. The CM will negotiate CCO and prepare value of contract. using City's standard format and give recommendations. Quantity and cost analysis will be performed for negotiation of CCOs. The CM will also analyze any additional claims and perform claims administration Deliverables: change order notes and including coordinating, monitoring, logging, and tracking claim status. recommendations. The CM will also evaluate cost reduction proposals and provide recommendations to the City. The inspector will maintain data for CCOs. Progress Payments The CM will track quantities of work completed for progress payment, Benefits: develop & implement procedures for review & process of progress Provide accurate measurements of work payment applications, assist the City with review, certification, and completed bythe contractor. process of payments. The CM will keep track of monthly progress and access the contractors' progress payment applications. If the CM notes Deliverables: any discrepancies, the differences will be negotiated with the Ensure accurate records are kept of actual quantities contractor before processing payments through the City's PM. installed, provides back-up. Labor Compliance The CM will monitor compliance with Prevailing Wages, and ensure Benefits: compliance with Federal Labor Laws & the Davis -Bacon Act. The CM will Ensures full grant funding compliance. ensure contractors submit certified payroll reports and that labor/hours reported by the Contractor match DCRs. Deliverables. contractor Certified Payroll The Construction Inspector will conduct field construction employee Records, CM payroll review interviews, and verify & document job -site posting of wage rate notes, employee interview information & labor compliance posters. forms, interview reports. Construction Documentation The CM will establish job control documents including DCRs, weekly and bi-weekly status reports, weekly statement of working days, construction change orders, and certified payroll records and labor compliance documents. The CM will receive, log, and document monthly construction payments, material receipts, weigh certificates, and material submittals. Our Construction Inspector will maintain coordination with the CM for all project records, including but not limited to; DCRs, correspondence, submittals, CCOs, progress payments, Lab and Field Test Reports, Materials Delivery Tickets and Compliance Certification, Progress Reports, Progress Photos, and Meeting Minutes, guarantees, certifications, affidavits, leases, easements, deeds, 0&M manuals warranties, and all other necessary documents. Water Quality & SW PPP The Construction Inspector shall monitor and enforce the Contractor Benefits: compliance with Water Quality Control Plans, The Inspector will also Clear communication and records to Contractor. oversee Contractor's Storm Water Pollution Prevention (SWPPP) responsibilities. Post -Construction Phase Final Walkthrough & Inspection The CM will recommend and conduct final inspection with the City staff Benefits: and project design consultant. Confirmation to all stakeholders of final completion of work. The Construction Inspector will conduct final inspection and close-out encroachment and construction permits. As -Built Plans The CM will maintain "as -built" work records and activities during Benefits: construction. Transmit Contractor and IOR red -lines for incorporation Representation& documentation of field changes Into As -Built Plans, review plans to ensure accuracy and quality, and made during construction & deliver as -built & electronic drawings to City. accurate records. The Construction Inspector will review the Contractor's as-builts daily Deliverables: ensure the Contractor keeps these records up to date throughout IOR and Contractor Red- Lines, and designer coordination records, construction. The Inspector will coordinate preparation and submittal final as -built documentation. of as-bullts. Punch Lists & Non -Compliance Items The CM will issue preliminary & final punch list and monitor and follow- through with contractor until completion of punch list items. The CM will review and distribute the Inspector's notes regarding non- compliant work items and recommend mitigating procedures for fixing non-compliance. The CM will also finalize the bid items, claims, change orders, punch list items, correct shop drawings, and oversee the completion of record drawings. The Construction Inspector will prepare in -progress punch lists at completion of each project phase until completion. The Inspector will direct and notify contractors about non-compliance and correct compliance problems as discovered. Benefits: Clear communication and records to Contractor. All non- compliant items are noted and fixed prior to notice of completion. Deliverables: Preliminary and Final Punch lists. Inspector's Non- compliance Notice, Non - Compliance Notes. Completion Recommendations The CM will evaluate completion of work and recommend final Benefits: inspection. This includes preparing the Report of Expenditures Checklist Ensures that work items completed as specified. and necessary attachments. The CM will also provide support for construction claims analysis and litigation and will be available for any audits including internal City audits. Deliverables: Final completion recommendation, final report The Construction Inspector will provide notes and concurrence to the of completion. CM regarding final completion of all field work. Final Payment Request The CM will review and process request for final payment and release Benefits: retention. Develop a reasonable cost control system, including regular Ensure payment is provided to Contractor, organized cost monitoring of actual costs for activities in progress and estimates for tracking data for future uncompleted tasks and proposed changes and identify variances reference. between costs. Deliverables: Final payment The Construction Inspector will confirm final field quantities to the CM. recommendation. The Inspector will provide complete measurements and calculations to administer progress payments and make recommendations for payments. Submit Project Files The CM will maintain a project filing system in compliance with Caltrans Benefits: LAPM, finalize and deliver all project files, records, exhibits, Provides a single source location for the entire project's coordination documentation and submittals to the City for final records, active monitoring and review/archiving. documentation of jobsite and project progress. The Construction Inspector will maintain field notes and provide all field Deliverables: Inspection notes, as -bunts, pictures, material tickets, permits and otherr Final projectfiles per LAPM, documents. final project report, as -built and digital set of drawings, construction files. ONWARD ENGINEERING PROPOSAL FOR AREA 4 RESIDENTIAL & COLLECTOR STREET REHABILITATION DESIGN SERVICES AND CONTRACT ADMINISTRATION/INSPECTION SERVICES IN THE CITY OF DIAMOND BAR Phase Task Project Tasks - QA/QC Manager Majdi Ataya, PE $110 Hours Project Manager Justin Smeets, PE $105 Hours Project Engineers $90 Hours °Total'. I SITE RESEARCH Total - IV CONSTRUCTION PHASE 1 1 Kickoff Meeting 2 4 2 $820 2 Research and Review a(Available Data 14 8 8 $3,360 I 3 Site Evaluation 180 15 80 $8,775 1 4 Utility Research & Notification 3 Geotechnical Testing" 2 24 $2,370 I SUBTOTALSITE RESEARCH 1 2 1 29 134 1 $15,325 $2,370 IV ISUBTOTAL CONSTRUCTION PHASE 1 229 II PROJECT DESIGN $13,288 E $71,893 II 1 Prepare 65%PS&E 12 50 100 $15,570 II 2 65% Plan Check Meeting I 4 4 $780 II 3 Prepare 90%PS&E B 20 70 $9,280 II 4 90% Plan Check Meeting 4 4 $780 11 5 Prepare 1009%& Final PS&E 4 15 20 $3,815 II 6 Reimbursable Expenses -$900 II SUBTOTAL PROJECT DESIGN 24 93 198 $31,125 III BIDASSISTANCE III 1 Bid Assistance 30 4 $1,410 111 ISUBTOTAL BID ASSISTANCE 0 10 4 $1,410 SUBTOTAL I DESIGN SERVICES $2,860 $13,860 $30,240 $47,860 Phase - Task Pra]ett Tasks Construction Manager lestin 9meetr, PE $105 Hours Construction Inspedor Steve Bauer $90 Hours Sub -Consultant N/A LUMP SUM Total - IV CONSTRUCTION PHASE IV 1Pre-Construction Phase 35 14 $4935 IV 2 Construction Phase* 180 360 $51,300 IV 3 Geotechnical Testing" $13,288 $13,288 IV 4 Post -Construction Phase 14 10 $2,370 IV ISUBTOTAL CONSTRUCTION PHASE 1 229 384 1 $13,288 E $71,893 TOTAL I DESIGN & CONSTRUCTION ADMIN/INSPECTION I 1 1 $119,753 ' Construction Services hours calculated off of 45 working days with 4 hrs/day for CM and 8 hrs/day for Inspection. Onward Engineering will bill only for actual hours spent **Geotechnical inspection assumes 4 half days of nuclear gauge testing with 2 samples taken, lab testing and max density testing for AC, and 4 days of sampling from slurry seal with testing per Greenbook. This fee also includes preparation of a report and daily diaries for the Exhibit `B" CONSULTING SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of March 1, 2016, by and between the City of Diamond Bar, a municipal corporation ("City") and Onward Engineering, Inc., ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attached Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and restrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. David G. Liu, Director of Public Works and/or his designee shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City's Project Manager to the extent required by the City's Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City's Project Manager and the City Manager 2. Term of Agreement. This Agreement shall take effect March 1, 2016, and shall continue unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed One -hundred nineteen thousand seven hundred fifty three dollars and zero cents ($119,753.00) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. As scheduled services are completed, Consultant shall submit to City an invoice for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. 1141965.1 Exhibit `B" C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time, if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant's sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. z 1141965.1 Exhibit `B" E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreement or for any amount or penalty levied against the City for Consultant's failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Worker's Compensation acts and other employee benefit acts with respect to Consultant's employees or Consultant's contractor's employees arising out of Consultant's work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City's passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Should City in its sole discretion find Consultant's legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. (3) To the fullest extent permitted by law, Consultant agrees to indemnify and hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or death of persons or damage to property caused by the negligent professional act or omission in the performance of professional services pursuant to this Agreement. 3 1141965.1 Exhibit `B" 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non -owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater; and (5) Professional liability insurance covering errors and omissions arising out of the performance of this Agreement with a combined single limit of $1,000,000. If such insurance is on a claims made basis, Consultant agrees to keep such insurance in full force and effect for at least five years after termination or date of completion of this Agreement. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City ten (10) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement and except for professional liability insurance, shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. In the case of professional liability insurance, such coverage shall be issued by companies either licensed or admitted to conduct 4 1141965.1 Exhibit `B" business in the State of California so long as such insurers possesses the aforementioned Best's rating. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self -Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self-insured retention ("SIR") and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant's due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Contractor fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be paid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 5 1141965.1 Exhibit `B" 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the "records") pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agreement. Consultant shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be 6 1141965.1 Exhibit `B" qualified to perform such services. Except as otherwise authorized by the City's Project Manager, David G. Liu, Director of Public Works and/or his designee shall be the person who primarily performs the work provided under this Agreement. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Prevailing Wage. Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 1141965.1 Exhibit `B" The CONTRACTOR and any of its subcontractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 18. Time of Completion. Consultant agrees to commence the work provided for in this Agreement within (5) days of being notified by the City to proceed and to diligently prosecute completion of the work within two hundred forty five (245) calendar days from such date or as may otherwise be agreed to by and between the City's Project Manager and the Consultant. 19. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 20. Delays and Extensions of Time. Consultant's sole remedy for delays outside its control shall be an extension of time. No matter what the cause of the delay, Consultant must document any delay and request an extension of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the length of the delay outside Consultant's control. If Consultant believes that delays caused by the City will cause it to incur additional costs, it must specify, in writing, why the delay has caused additional costs to be incurred and the exact amount of such cost within 10 days of the time the delay occurs. No additional costs can be paid that exceed the not to exceed amount absent a written amendment to this Agreement. In no event shall the Consultant be entitled to any claim for lost profits due to any delay, whether caused by the City or due to some other cause. 21. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 22. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 23. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 24. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the s 1141965.1 Exhibit "B" provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 25. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 26. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. "CONSULTANT" Onward Engineering, Inc. 300 S. Harbor Blvd, Ste. 814 Anaheim, CA 92805 Attn.: Majdi Ataya, P. E. Phone: (714)533-3050 E -Mail: MAtaya@oe-eng.com "CITY" City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765-4178 Attn.: David G. Liu, P.E. Phone: (909)839-7040 E-mail: DLiu@DiamondBarCA.Gov 27. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 28. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 29. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. 9 1141965.1 Exhibit `B" IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" ,,City" Onward Engineering, Inc. CITY OF DIAMOND BAR By: Printed Name: Title: By: Printed Name: Title: Approved as to form: By: City Attorney Bv: Nancy A. Lyons, Mayor ATTEST: Tommye Cribbins, City Clerk *NOTE: ff Consultant is a corporation, the City requires the following signature(s): (1) the Chairman of the Board, the President or a Vice -President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 10 1141965.1 EXHIBIT "c' CITY COUNCIL Agenda # 6.7 Meeting Date: March 1, 2016 AGENDA REPORT TO: Honorable Mayor and Membe s of the City Council VIA: James DeStefano, City M na TITLE: APPROVAL OF CONTRACT AM NDMENT NO. 5 WITH FEHR & PEERS FOR THE DEVELOPMENT OF THE ADAPTIVE TRAFFIC CONTROL SYSTEM REQUEST FOR PROPOSAL (RFP) AND TRAVEL TIME DATA COLLECTION IN THE AMOUNT OF $26,900, PLUS A CONTINGENCY AMOUNT OF $3,000 FOR A TOTAL AUTHORIZATION OF $29,900. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funding for this service will be provided through the Fiscal Year 2015-2016 Engineering Operating Budget. In Fiscal Year 2015-2016, the current authorized contract amount with Fehr & Peers is $72,345. Amendment No. 5 will increase the total authorized amount to $102,245 BACKGROUND/DISCUSSION: As part of the 2013 Call for Projects, on September 26, 2013, the Los Angeles County Metropolitan Transportation Authority (LACMTA) selected the City of Diamond Bar's (City) Adaptive Traffic Control System Project (ATCS) for grant funding in the amount of $1,406,860. The funds are programmed over three (3) fiscal years, FY 2015-16, FY 2016-17, and FY 2017-18. The total project is estimated at $1,758,575 which includes a local match of $351,715 of Prop C and Prop A funds. The purpose of the ATCS is to provide continuous monitoring of the traffic conditions by automatically adjusting signal timing to optimize traffic flow based on real-time traffic conditions and improve the capability to respond to various events that disrupt traffic flow and cause excessive congestion along the City's three (3) major regionally significant corridors, Golden Springs Drive, Grand Avenue and Diamond Bar Boulevard. The implementation of the ATCS will result in fewer stops, less delays, reduced congestion, and improve signal coordination. The project scope of work also includes upgrades at forty-seven (47) signalized intersections; twenty-one (21) along Diamond Bar Boulevard; eighteen (18) along Golden Springs Drive, and eight (8) along Grand Avenue with compatible hardware and software components, including replacement of the existing signal controllers with ATCS controllers, configuration/integration of the ATCS, traffic signal interconnect, and signal detection upgrades at the above mentioned locations. On October 28, 2015, the City of Diamond Bar received the Funding Agreement (FA) from LACMTA approving the grant in the amount of $1,406,860. The City executed the agreement at the December 15, 2015 City Council Meeting and submitted to LACMTA for final signatures. On January 15, 2016, staff received the fully executed FA from LACMTA. Staff is in the process of developing the RFP for the ATCS. We reached out to six (6) Traffic Engineering Consultants: Advantec Consulting Engineers, KOA Corporation, DKS Associates, Iteris, Kimley-Horn, and Fehr & Peers. All consultants were asked to select an area they desired to participate in: 1) the implementation of the project; or 2) the development of the RFP for the ATCS. Staff received five (5) written responses for the implementation of the project and one (1) proposal from Fehr & Peers expressing interest in participating in the development of the RFP. In order to evaluate the ATCS performance, operational measures are required to be documented along the City's corridors before and after the implementation of the system to develop a before/after study. It is necessary to begin travel time data collection during the month of March, while schools are in session, for the development of the before study. Staff is recommending Fehr & Peers to conduct both tasks as follows: Task 1 — Development of the RFP scope of work (see Exhibit "A"): • Project Objective • Existing Conditions • Proposal Requirements • Scope of Services • Expected Schedule and Budget • Evaluation Criteria Task 2 — Conduct the before study (see Exhibit "B"): • Travel time runs through the corridors • Review of the travel time data • Process of the data to calculate the before study corridor performance measures 2 PREPARED BY: Christian Malpica, Associate Engineer Date Prepared: February 23, 2016 REVIEWED BY: �j M1 i ter. x° Davi G/Liu, Director of Public Works Dianna Honeywell, Finance Di for Attachments: Amendment No. 5 Exhibit "A" - Fehr & Peers Proposal, dated February 4, 2016 Exhibit "B" - Fehr & Peers Proposal, dated February 8, 2016 AMENDMENT NO. 5 TO CONSULTANT SERVICES AGREEMENT This Amendment No. 5 to Consultant Services Agreement ("Amendment No. 5") is made and entered into as of March 1, 2016, by and between the City of Diamond Bar, a municipal corporation ( "City"), and FEHR & PEERS, (herein referred to as the "Consultant") with reference to the following: A. The City and the Consultant entered into that certain Consultant Services Agreement dated as of October 18, 2011, which is incorporated herein by this reference (the "Original Agreement"); and B. The City and the Consultant desire to amend the Original Agreement to modify, amend and supplement certain portions of the Original Agreement. NOW, THEREFORE, the parties hereby agree as follows: 1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement, 2. Revised Scope. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A" and Exhibit "B", the Consultant's Proposals, dated February 4, 2016 and February 8, 2016 respectively. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth or as referenced in Exhibit "A" and Exhibit "B". 4. Integration. This Amendment No. 5 and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Amendment No. 5 amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Amendment No. 5 and the terms and provisions of the Original Agreement, the terms and provisions of this Amendment No. 5 shall control. IN WITNESS hereof, the parties enter into this Amendment No. 5 on the year and day first above written. 1 "CONSULTANT" FEHR & PEERS By: Printed Name: Title: By: Printed Name: Title: "CITY" CITY OF DIAMOND BAR M Nancy A. Lyons, Mayor ATTEST: Tommye A. Cribbins, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney FEHR PEERS Exhibit"A" PROPOSAL Date: February 4, 2016 To: Christian Malpica, City of Diamond Bar From: Josh Peterman and Anna Luo Subject: Adaptive Signal System RFP - Scope of Work P16-1089 Fehr & Peers is pleased to assist the City with the development of an RFP for the design of an adaptive traffic signal system in Diamond Bar. Below are the understanding, scope of work, budget and schedule for the tasks discussed during the phone call on January 28, 2015. Understanding The following is a list of key items discussed over email and telephone, which will form the foundation of the RFP: • Objective is to handle peak -period and incident -related congestion and cut -through traffic that is highly directional and not easily mitigated through the City's existing time - of -day traffic responsive plans. • The adaptive system should be capable of dynamically adjusting cycle length, splits and offsets. • Current controller technology is Type 170E with LACO IV software, which City is transitioning to Type 2070 with D4 software, or McCain Omni ex. City is open to new controller hardware / software if required by the system specified, but would prefer it to work with the 2070/D4 combination. • Current central management software is TransCore TransSuite, which the City would prefer to keep if possible. • City would prefer that the specified system utilize existing detection, augmented by additional detection if needed. City is not overly concerned about detection technology. 8141 E. Kaiser Boulevard I Suite 110 1 Anaheim, CA 92808 I (714) 941-8800 1 Fax (949) 859-3209 www,fehra ndpeers.com February 4, 2016 Page 2 of 2 • Project plans and specifications need to comply with LA Metro funding requirements. RFP needs to require experience and insight into development of projects under LA Metro procedural requirements. • RFP will require consultant to use the FHWA systems engineering process or similar for ASCT. • Funding for the project, including design, is $1.7M. Scope of Services Fehr & Peers will develop a draft RFP for City review. The draft RFP will include the following sections, at a minimum: • Project Objective: The City's expected outcomes of the project • Existing Conditions: Extent of existing system, hardware, software, engineering and maintenance staffing • Proposal Requirements • Scope of Services • Expected Schedule and Budget • Evaluation Criteria We will request past RFP's from the City in order to match style and language for the RFP. We will also request maps or tables illustrating the extent of the City's existing system. Much of this information is likely available from the project application to LA Metro. We will also collect up to five similar RFP's (e.g. City of San Jose) in order to achieve a robust RFP for Diamond Bar. All documents will be submitted in MS Word format. Schedule and Cost Estimate We understand timing of these tasks is critical. The City wishes to have the system deployed in 2018, meaning the design needs to be complete in 2017. The City wishes for the RFP to be issued in March 2016, so the proposed award can be taken to Council in June 2016. The development of the RFP will be completed for $12,000 on a time material basis under the terms of the Master On -Call Contract. If this task order is acceptable, please reply to Josh Peterman via email with Notice to Proceed at j.peterman@fehrandpeers.com. Exhibit `B" FEHRtPEERS PROPOSAL Date: February 8, 2016 To: Christian Malpica, City of Diamond Bar From: Anna Luo Subject: Provide Travel Time Data Supporting The Before Study P16-1094 Fehr & Peers is pleased to assist the City of Diamond Bar in providing the existing travel time data in support of the City's Adaptive Traffic Control System Implementation Project. We assume the scope will consist of the following tasks. The estimated fee to complete each task is shown at end of descriptions of the task. • Task 1 - Collect GPS travel time surveys on the three study corridors in City's proposed adaptive signal system, including Diamond Bar Boulevard, Golden Springs Drive, and Grand Avenue. Five runs will be conducted for each direction of the three corridors under each of the four time periods: AM peak (7-8), Midday (noon -IPM), PM peak (5-6 PM), and Saturday midday (noon — 1PM), totaling 40 travel time runs for each corridor. (budget: $5,800) • Task 2 - Review each travel time data set (120 survey files) ensure the data accuracy, completeness of data points, and correct start/end points for each corridor. (budget: $2,000) • Task 3 - Process travel time data in GIS to calculate the before study corridor performance measures for each run as well as averaging the five runs during the AM, midday, PM, and Saturday peak hours. The performance measures of the before study will be used to compare with the after study and evaluate operational benefits of the adaptive signal system as part of a separate study. (budget: $7,100) 8141 E Kaiser Boulevard I Suite 110 1 Anaheim, CA 92808 1 (714) 941-8800 I Fax (949) 859-3209 www.fehrandpeers.com CITY COUNCIL Agenda # 6 Meeting Date: 0 March 1. 2016 AGENDA REPORT TO: Honorable Mayor and Member5, of the City Council VIA: James DeStefano, City Maa TITLE: RESOLUTION OF THE CITY CO NCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PARTICIPATION IN THE MiCTA MASTER SERVICES AGREEMENT (CONTRACT NUMBER 155AN-FBOS2014-0317) GOVERNMENT PURCHASING PROGRAM AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A SEVEN YEAR AGREEMENT WITH TIME WARNER CABLE TO PURCHASE INCREASED INTERNET BANDWIDTH FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $87,360 ($12,480 ANNUALLY) Recommendation: Adopt. Budget/Financial Impact: There are sufficient funds in the FY15-16 budget for this expenditure. If approved, the annual appropriations of $12,480 will be requested annually as part of the regular budget process. Background: As part of the City's commitment to provide 24x7x365 access to our e -government services, and provide redundancy and survivability of Internet and telephone communications in a disaster, the City currently maintains one primary and two redundant internet service connections. The City's primary internet provider is Time Warner Cable (TWC) Dedicated Internet Access, which provides 10 megabytes (1 OMB) of bandwidth via fiber connection directly to City Hall at a cost of $950 per month. 7 MB bandwidth redundant/backup internet access is provided by Telepacific via Verizon's non- dedicated local loop. The City also has emergency -only low -speed satellite internet service available in the event of a disaster that renders primary and redundant portals inaccessible. The City's operations and services to the public now utilize nearly all of this bandwidth, with peak usage demands often exceeding current capabilities. Discussion: As digital data demands including e -government, mobile apps and other internet-based services are expected to grow rapidly and become expectations, the City's dedicated fiber bandwidth capacity must also expand to ensure continuity of service to internal and external customers. Staff contacted TWC in October of 2015 and received a pricing matrix for upgraded bandwidth speeds, which includes a cost-effective seven (7) year contract option that increases the City's bandwidth to 50MB (an increase of 400%) at a cost of $955 per month, which is only $5 more than the City's current monthly payment. However, even more favorable terms are available should the City choose to participate in the MiCTA government purchasing program, a state-wide master agreement that offers governments 100MB of bandwidth from TWC, for $1,040 per month over the same seven year term. MiCTA, of which the City is a member, is a non-profit association founded by state government telecommunications directors that coordinates group purchasing programs and aggregates member demand to facilitate members' purchases of competitively bid products and services. Diamond Bar Municipal Code section 3.24.070 provides that participation in a government purchasing program like the one offered by MiCTA may be authorized by resolution of the City Council. TWC was the only company considered because it owns the City's already -installed dedicated fiber line and the City would incur new infrastructure and construction costs to install secondary dedicated lines offered by another provider. Recommendation: To ensure the City's service to the public remains of high quality into the future, it is recommended that the City Council approve Resolution 2016 -XX authorizing the City to participate in MiCTA Master Service Agreement with TWC (Contract Number 155AN-FBOS2014-0317) to purchase additional bandwidth and authorize the City Manager to enter into a seven year agreement with TWC in the not - to -exceed amount of $87,360 ($12,480 annually). Prepared by: Ken Desforges, Direct of forma ion Reviewed as to form: David DeBerry, City Attorney Attachment: Resolution 2016 -XX Reviewed by: Systems Dianna Honeywell, Director of i ance 2.) Time Warner Cable Agreement 3.) MiCTA Master Service Agreement - Contract #155AN-FBOS2014-0317 RESOLUTION NO. 2016 -XX RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING PARTICIPATION IN THE MiCTA MASTER SERVICES AGREEMENT (CONTRACT NUMBER 155AN-FBOS2014-0317) GOVERNMENT PURCHASING PROGRAM AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A SEVEN YEAR AGREEMENT WITH TIME WARNER CABLE TO PURCHASE INCREASED INTERNET BANDWIDTH FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $87,360 ($12,480 ANNUALLY) WHEREAS, the City Council has established a purchasing system for the efficient purchase of supplies, services, personal property and equipment at the lowest cost commensurate with the quality needed and to buy without favor or prejudice; and WHEREAS, the City Manager, acting in the role of Purchasing Manager, directs and supervises the acquisition of all goods and services under the authority of Diamond Bar Municipal Code Section 3.24.040 (a); and WHEREAS, Diamond Bar Municipal Code Section 3.24.070(b)(4) authorizes the Purchasing Manager to dispense with formal bidding when, in the opinion of the Purchasing Manager, supplies, personal property, services or equipment can be more efficiently or more cost efficient obtained if acquired on behalf of the city by the state department of general services or other government purchasing program, and the City Council authorizes the "piggyback" procurement by resolution; and WHEREAS, the Purchasing Manager has determined that certain supplies, materials, personal property and equipment can be more efficiently and more cheaply obtained if acquired on behalf the City as a participant of the MiCTA, a government purchasing program that procures contracted goods and services thorough a request for proposal competitive solicitation process conducted by a public agency/governmental entity; and WHEREAS, the Purchasing Agent and Purchasing Delegates have evaluated MiCTA's master agreement with Time Warner Cable (TWC) and have determined that TWC provides high quality and reliable internet services and recommends TWC as the primary provider of the City's bandwidth. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar hereby: 1. Recognizes that certain services, supplies, materials, personal property and equipment can sometimes be more efficiently and more cheaply obtained if acquired on behalf the City as a participant of a government purchasing program. 2. Authorizes participation of the City in the MiCTA Master Service Agreement Contract Number 155AN-FBOS2014-0317. 3. Authorizes the City Manager to purchase additional bandwidth from Time Warner Cable as a participant in the MiCTA Master Service Agreement Contract Number 155AN-FBOS2014-0317. 3 Approved and Adopted on the 1 st day of March, 2016. Nancy Lyons, Mayor Attest: Tommye Cribbins, City Clerk I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 1 st day of March, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Tommye Cribbins, City Clerk City of Diamond Bar 4 Account Executive: Eric Zeko Phone: (805) 746-1287 ext: Cell Phone: +1 8057461287 Fax: (704) 973-6035 Email: eric.zeko@twcable.com �c TIME WARNER CABLE Business Class Order# 6629868 Internet and Video Order Information For 21810 Copley Dr Ground Diamond Bar CA 91765 Service Dedicated Internet Service Page 1 of 3 Business Name City of Diamond Bar Customer Type: Federal Tax ID Tax Exempt Status Tax Exempt Certificate # ***9999 Billing Address Attention To: Account Number 21810 COPLEY DR Ground DIAMOND BAR CA 91765 Billing Contact Billing Contact Phone Billing Contact Email Address Kenneth Desfor es 909 839-7080 kdesforges@diamondbarca.gov Authorized Contact Authorized Contact Phone Authorized Contact Email Address Kenneth Desfor es 909 839-7080 kdesfor es diamondbarca. ov Technical Contact Technical Contact Phone Technical Contact Email Address Alfredo Estevez 909 839-7080 aestevez diamondbarca. ov Internet and Video Order Information For 21810 Copley Dr Ground Diamond Bar CA 91765 Service Dedicated Internet Service Page 1 of 3 cP TIME WARNER CABLE Business Class Current Services and Monthly charges At 21810 Copley Dr Unit Ground, Diamond Bar CA 91765 Description Quantity Sales Price Monthly Recurring Total Bcf WO Video 1 1 $0.00 $0.00 COMMERCIAL ACCOUNT 1 $0.00 $0.00 *Total $0.00 *Prices do not include taxes and fees. New and Revised Services and Monthly Charges At 21810 Copley Dr Unit Ground, Diamond Bar CA 91765 Monthly Description Quantity Sales Price Recurring Total Contract Term BCI 5 STANDARD EMAIL ACCOUNTS 1 $0.00 $0.00 7 Yr Dedicated Internet Access 100M 1 $1,040.00 $1,040.00 7 Yr *Total $1,040.00 *Prices do not include taxes and fees. Page 2 of 3 Ie TIMEWARNERCABLE Business Class Special Terms Electronic Signature Disclosure By signing and accepting below you are acknowledging that you have read and agree to the terms and conditions outlined in this document. Authorized Signature for Time Warner Cable Enterprises LLC Authorized Signature for Customer Printed Name and Title Date Signed Page 3 of 3 INTERNET I VOICE I CELEVISION I ETHERNET I CLOUD r.. DEDICATED INTERNET ACCESS Ic TI ME WARN ERCA6�E Business Class This document outlines the Service -Level Agreement ("SLA")for Dedicated Internet Access ("D1A")fiber-based service (the "Service"), Capitalized words used, but not defined herein, shall have the meanings given to them in the Time Warner Cable Business Class Service Agreement (including the terms and conditions, attachments, and Service, Orders described therein, the "Agreement"). This SLA is apart of, and hereby incorporated by reference into, the Agreement. It any provision of this SI_A and any provision of the Agreement are inconsistent or conflicting, the Inconsistent or conflicting provision of this SLA shall control. This SLA document applies only to services provided overTWC's own network ("On -Net") and notto any portion that is provided by a third party. All SLA Targets in the table below are measured at the individual circuit or service level, and any applicable credits are issued only for the affected On -Net circuit or service (the "Attested Service"). I. SLA Targets for On -Net Services If. Priority Classification A "Service Disruption" is defined as an outage, disruption, or severe degradation, other than an Excluded Disruption, that Interferes with the ability of a TWC network hub to: (i) transmit and receive network traffic on Customer's dedicated access port at the TWC network hub, and (ii) exchange network traffic with anotherTWC network hub. The Service Disruption period begins when Customer reports a Service Disruption using TWC's trouble ticketing system by contacting Customer Care, TWC acknowledges receipt of such trouble ticket TWC validates that the Service is affected, and Customer releases the Service for testing. The Service Disruption ends when the Affected Service has been restored. "Service Degradation" means a degradation of the Service that is not a Service Disruption ora result of an Excluded Disruption, such as failure of the Service to achieve the SLA Targets for Latency/ frame Delay, Jitter/ Frame Delay Variation, orPacker / Frame Loss. "Excluded Disruptions" means (i) planned outages, (r) routine or urgent maintenance, (iii) time when TWC Is unable to gain access to Customer's premises to troubleshoot, repair or replace equipment or the Service, (iv) service problems resulting from acts of omissions of Customer or Customer's representatives orage nts,(v) Customer amrpmentfaiIores, (vi) Customer is not prepared torelease the Service for testing, and (vii) Force Majeure Events. TWC will classify Service problems as toIows. PRIORITY A. Service Disruption resulting Ina total loss of Service, or Priority 1 B. Service Degradation to the point that Customer is unable to use the Service and Is prepared to release it for immediate testing (each a "Priority 1 Outage"). Priority Service Degradation where Customer is able to use the Service and is not pr©pared to release it for immediate testing. Priority 3 A A service problem that does not impact the Service; or B. A single non -circuit specific quality of Service inquiry. INTERNET I VOICE I TLLEVISION I ETHERNET I CLOUD DEDICATED INTERNET ACCESS SERVICE -LEVEL AGREEMENT (CONT.) c� TIME WARNER CABLE Business Class° Ill, Service Availability "Service Availability" is calculated as thetotal nurnbar of rninutes in a calendar rnontll less the number of minutes thatthe On-NetService is unavailable dueto a Priority 1 Outage ("Downtime'), divided by the total number of minutes in a calendar month. The following table contains examples of the percentage of Service Availability translated into minutes of Downtime for the 99,99% Service Availability Target: PERCENTAGE BY DAYS tNTH 99.99% for 31 Days TOTAL MINUTES I MONTHDOWNTIME 44,640 MINUTES 4,5 99.99% for 30 Days 43,200 43 99.99%for 29 Days 41,760 4.2 99.99/" for 28 Days 40,320 4 IV. Mean Time to Restore ("MTTR") The MTTR measurement for Priority 1 Outages Is the average time to restore Priority 1 Outages during a calendar month calculated as the cumulative length of time it takes TWC to restore an On -Net Service following a Priority 1 Outage in a calendar month divided by the corresponding number of trouble tickets for Priority 1 Outages opened during the calendar month forthe On -Net Service, MTTR per calendar month is calculated as follows: Cumulative length of time to restore Priority 1 Outages) per On -Net Service MTTR = Total number of Priority 1 Outage trouble tickets per On -Net Service V. Latency/ Frame Delay Latency or Frame Delay Is the average roundtrip network delay, measured every 5 minutes during a calendar month, unless measurement is not possilble as a result of an Excluded Disruption, to adequately determine a consistent average monthly performance level for frame delay for each On -Net Service. The roundtrip delay is expressed in milliseconds (ms). TWC measures frame delay ort an end-to-end basis using a standard 64 -byte pingTrorn the Customer's dedicated access port atthe Customer premises to the I WC Internet access router in a roundtrip fashion. Latency is calculated as follows: Sum of the roundtrip delay measurements for an On -Net Service Latency / Frame Delay = Total # of measurementsfor an On -Net Service INTERNET I VOICE l TELEVISION I ETHERNET I CLOUD DEDICATED INTERNET ACCESS SERVICE -LEVEL AGREEMENT (CONT.) VI. Packet Loss / Frame Loss Ratio Ic TIME WARNER CABLE Business Class Packet Loss or Frame Loss Ratio is defined as the percentage of frames that are not successfully received compared to the total frames that are sent in a calendar month, except where any packet or frame loss is the result of an Excluded Disruption. The percentage calculation Is based on frames that are transmitted from a network origination point and received at a network destination point(TVVC network hub to TWC network hubs. Packet Loss / Frame Loss Ratio is calculated as follows: Packet Loss / Frame Loss I%) = 100 1fol — Frames Received VII. Jitter / Frame Delay Variation Jitter or Frame Delay Variation is defined as the variation in delay for two consecutive frames that aretransmltted (one way) from a network origination point and received at a network destination point (TWC network hub to TWC network hub). TWC measures a sample set of frames every 5 minutes during a calendar month, unless measurement is not possible as a result of an Excluded Disruption, and determines the average delay between consecutive frames within each sample set. The monthly Jitter / Frame Delay Variation is calculated as the ever age of all of the frame delay variation measuromenis during such calendar month and is expressed in milliseconds phsl. Sum of the Frame belay Variation measurements for an On -Net Service Jitter / Frame Delay Variation = Total ##of measurements for an On -Net Service VIII. Network Maintenance Maintenance Notice: Customer understands that from time to time TWC will penform network maintenance for network improvements and preventive maintenance. In some cases, TWC will need to perform urgent network maintenance, which will usually be conducted within the routine maintenance windows. TWC will use reasonable offorts to provide advance notice of the approximate time, duration, and reason for any urgent maintenance outside the routine maintenance windows. Maintenance Windows: Routine maintenance may be performed Monday—Friday 12 midnight -3 a.m. Local Time. INTERNET I VOICE I TELEVISION I ETHERNET 1 CLOUD DEDICATED INTERNET ACCESS SERVICE -LEVEL AGREEMENT (CONT.) IX. Remedies Service Credits: �c TIME WARNER CABLE Business Class® If the actual performance of an On -Net Service during any calendar month is less than the SLA Targets, and Custorner has complied with the requirements in this SLA, then Customer may request credit(s) equal to the percentage(s) of the monthly Service Chanes for only the Affected Service as set forth in the table below. Any credits will be applied as an offset against any amounts due from Customur to TWC. All credits mustbe: (i) requested by the Customer within 30 days of a Service Disruption or Service Degradation by calling the Customer Care Center and opening a trouble ticket, and UO confirmed by TWCBC engineering support teams as associated with a trouble ticket and as failing to meet the applicable SLA Targets. Except as settorth below, the credits described in this SLA shall constitute Customer's sole and exclusive remedy, and TWC's sole and exclusive liability, with respect to TWC's failure to meet any SLA Targets. All SLA Targets are monthly measurements and Customer may request only one credit per SLA Tanetper month up to a maximurn of 40% of the monthly Service Chargesforthe Affected Service. Custorner shall not be eligible for credits exceeding four (4) months of Customer's applicable monthly Service Charges during any calerrder year. Chronic Priority 1 Outages: If Customer experiences and reports three (3) separate Priority 1 Outages where the Downtime exceeds four (4) hours during each Priority I Outage within three (3) consecutive calendar months, then Custerner may terminate the Affected Service without charge or liability by providing at least thirty (30) days written notice to TWC, provided, however, that (i) Customer may only terminate the Affected Service, (ii) Customer must exercise its right to terminate the Affected Sei vice by providing writhoi i notice to'IWC within thirty (30) days after the event giving rise to Customer's termination right; (iii) Customer shall have paid TWC all amounts due at the time of such termination for all Services provided by TWC pursuant to the Agreement, and (iv) the foregoing termination right provides the sole and exclusive remedy of Customer and the sole and exclusive liability of I WE for ononic Priority 1 Outages and Customer shall not be eligible for any additional credits. Termination will be effective forty-five (45) days after TWC's receipt of such written notice of termination. Master Service Agreement MASTER SERVICE AGREEMENT APPROVED VENDOR AWARD CONTRACT NUMBER: 155AN-FBOS2014-0317 This Master Service Agreement ("Agreement") is made by and between Time Warner Cable Enterprises LLC ("Seller") with principal offices located at 60 Columbus Circle 17th Floor, New York, New York 10023 and MiCTA with principal offices located at 4805 Towne Centre, Suite 100, Saginaw, Michigan 48604. WHEREAS, MiCTA is an association made up of non-profit colleges, universities, K-12 school systems, federal, state and local government units, health care providers, libraries and other non-profit entities; WHEREAS, this agreement is for the benefit of all MiCTA members, entities eligible to become MiCTA members and which do so, and all educational and governmental units which are members (collectively "Members"); WHEREAS, Seller wishes to provide to Members products and/or services as proposed in Seller's response to RFP # MT-FBOS 2014; WHEREAS, MiCTA desires to promote Seller's products and/or services to Members as an independent authorized agent of Seller pursuant to the terms and conditions set forth herein; WHEREAS, Seller is awarded Approved status, having met all requirements set by MiCTA, and prevailed in MiCTA's comprehensive RFP process for MT-FBOS 2014, been judged by MiCTA to be a good value for Seller's service and product areas (as identified at the Approved section of MiCTA's web site) based on price, quality, service, etc. as identified during the RFP evaluation process; NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, the parties agree as follows: 1. MASTER SERVICE AGREEMENT: 1.1 Seller agrees to offer to Members meeting credit criteria, products and services as set forth in the Seller's response to MT-FBOS 2014, attached as Attachment A at the pricing in Attachment B. 1.2 MiCTA hereby accepts Seller's offer to provide to Members the products and services, as set forth in Seller's response to the MT-FBOS 2014 set forth in Attachment A, subject to the terms and conditions of this Agreement and the terms and conditions of the Member Participation Agreement, Attachment C, which each MiCTA Member must sign with Seller. 2. MASTER SERVICE AGREEMENT TERM: 2.1 This Agreement is effective when executed by both parties ("Effective Date') and continues for two (2) years. MiCTA reserves the option to extend this Agreement for up to three (3) additional one year terms, subject to the 12 -month Proof of Performance, which is described in detail in Attachment D. 2.2 MiCTA reserves the right to extend the term of this Agreement for up to three (3) additional one-year terms providing the products, service and pricing meet or exceed MiCTA's standards, and Seller has met and continues to meet all the terms and conditions of this Agreement, specifically including without limitation the reporting and commission requirement incorporated in this Agreement from Attachment D. 3. AGREEMENT CONFIDENTIALITY AND SCOPE: 3.1 Seller agrees that this Agreement is for the sole use of all Members. Seller shall not disclose the terms, negotiated pricing and/or benefits provided to Members pursuant to this Agreement to any non -Member. 3.2 Applicable Members for purposes of this Agreement shall mean those MiCTA Members who purchase Seller products and/or services within the Scope of MTFBOS2014, but are not already current, former or prospective customer leads of the Seller, as Seller determines in its discretion. 4. HIGHLY COMPETITIVE PRICING: Seller hereby agrees to provide all Members with Highly Competitive Pricing throughout the term of this agreement "Highly Competitive Pricing" means that Seller will offer all Members its most competitive pricing option available, based upon Seller's analysis, in its sole discretion, of the specific circumstances of each Member project's costs, requirements, etc. This provision extends to all products and services provided by Seller under this Agreement. 5. CREDIT CRITERIA Seller is not obligated to provide service to a Member that does not satisfy Seller's credit criteria. 6. APPOINTMENT OF SALES REPRESENTATIVE: MiCTA is hereby appointed as an independent sales representative with limited authority to solicit, on behalf of Seller, Members as customers for Seller's products and/or service, subject to the terms of this Agreement. 7. ACCEPTANCE OF INDEPENDENT SALES REPRESENTATIVE APPOINTMENT MiCTA hereby accepts the appointment by Seller as its authorized sales agent to solicit orders from Members as customers for Seller's products and/or services, subject to the terms and conditions of this Agreement. 8. RELATIONSHIP OF PARTIES: 8.1 MiCTA shall have no authority to bind Seller by contract or otherwise or to make representations as to the policies and procedures of Seller other than as specifically authorized by this Agreement. 8.2 Seller and MiCTA acknowledge and agree that the relationship arising from this Agreement does not constitute or create a general agency, joint venture, partnership, employee relationship or franchise between them, and that MiCTA is an independent contractor with respect to the services provided under this Agreement. 8.3 MiCTA shall identify itself as an authorized representative of Seller only with respect to the products and/or services covered by this Agreement, and shall otherwise identity itself as an independent entity. 8.4 This Agreement is not intended to and does not create any third party beneficiaries, other than MiCTA members, to the rights and obligations as set forth herein, nor shall any third party beneficiaries be interred by operation or otherwise. 9. CONTRACT DOCUMENTS: The documents that comprise this Agreement are this Agreement and any attachments or addenda, the MT-FBOS 2014, the Seller's response to such RFP and any attachments or addenda. Each Member that purchases service from Seller shall also have a Member Participation Agreement with Seller. 10. RESOLVING CONFLICTING LANGUAGE: In the event of a conflict of language among any of the contract documents, the conflict shall be resolved by reference to the documents in the following order: first, this Agreement and attachments or addenda, second, the Seller's response to the RFP and any attachments or addenda, and third, the MT-FBOS 2014 and any attachment or addenda. Any contractual clarifications mutually agreed upon in writing subsequent to this Agreement will supersede the above listed documents. 11. GEOGRAPHICAL/ACCOUNT REPRESENTATIVE: Seller agrees to designate an Account Representative to be responsible for the coordination of order processing, expediting, problem solving, etc. for any/all Members regardless of their physical location. In addition, the Account Representative is the 3 responsible contact for reporting to MiCTA on a periodic basis, MiCTA total gross sales revenue, as provided in Attachment D. Additionally: 11.1 Seller agrees to have the Account Representative in place within two (2) weeks of signing this Agreement. 11.2 Seller agrees to notify MiCTA of any personnel changes with the assigned Account Representative, and agrees to fill the position with a skilled and knowledgeable replacement prior to the position becoming vacant. 11.3 Seller agrees to replace the Account Representative on a reasonable and lawful basis if requested to do so by MiCTA. 12. MARKETING AND SALES AIDS: 12.1 MiCTA shall promote the Seller's services or equipment according to a mutually agreed upon marketing plan provided by the Seller. 12.2 Upon request, Seller shall provide to MiCTA promotional materials related to the Seller's products and/or services. 12.3 Seller shall provide MiCTA with an initial sales kit that includes a program description, sales literature, sales aids, and other forms to be used by MiCTA in its activities as provided by this Agreement. 12.4 Seller shall provide a link back to Seller's web site to be installed on the MiCTA web site. 13. LOGO AND NAMES: The logos and names of both parties are protected and are registered. Each party is only authorized to use the other party's Marks, Service Marks, Logos, etc. on corporate mailings, web pages, promotions, etc. only in connection with the products and/or services covered by this Agreement with the written permission of the other party. 14. FORCE MAJEDRE: Neither Party hereto shall be deemed to be in default of any provision of the Agreement for any failure in performance resulting from acts or events beyond the reasonable control of such Party. For purposes of the Agreement, such acts shall include, but not be limited to, acts of God, civil or military authority, civil disturbance, war, strikes, fires, floods, other catastrophes, or other events beyond the Parties' reasonable control; provided however, that the provisions of this section shall not preclude either Party from canceling or terminating the Agreement, or any order for any product or service included herein, as otherwise permitted hereunder, regardless of any Force Majeure. 15. LIVINGDOCUMENT: The parties agree to treat this Agreement as a living document to allow for industry and technology advances, and to add products and services to Attachment A of this Agreement as mutually agreed in writing from time to time. Seller and MICTA will confer on a regular, periodic basis, at mutually agreeable rimes and locations, in order to conduct a review to evaluate the possible addition of new Seller product/service offerings to this Agreement. Should MICTA and Seller reach mutual agreement regarding pricing and/or discounts for any/all new products and/or services the parties will add them to this Agreement by written amendment. 16. MICTA PRICING AND PRICE ADJUSTMENTS: 16.1 Seller hereby authorizes the price structure, as designated in seller's response to MT-FBOS 2014, and as attached as Attachments A & B, to be offered to all Members. 16.2 MICTA acknowledges that with a nationwide agreement, pricing may fluctuate regionally across the country. 17. PRICING REVIEW DATES: Seller's approved vendor status will become effective upon execution of this Agreement by all parties. Seller's price list(s) for products/services will be released to Members no later than one (1) week after contract execution. MICTA reserves the right to review and renegotiate the pricing terms of the Agreement once during each twelve (12) month period of the Agreement. 18. INVOICE TERMS: Seller will provide monthly invoices directly to Members for products and services provided under this Agreement and the Members Participation Agreement. Each invoice shall include a detailed breakdown of the products and services being provided. Seller agrees to provide Members Net 30 -Days invoice terms, unless otherwise agreed with the Member. 19. MEMBER'S EXISTING PARTICIPATION AGREEMENTS: Members who have existing unexpired Member Participation Agreements for the same or similar products and services shall not qualify as Applicable Members absent written approval from Seller, as Seller may determine in its sole discretion. 20. CODES,PERMITS, FEES, LICENSES: Seller shall be responsible for any/all permits required for installing the products or services under this Agreement, arranging for all necessary inspections, adhering to all state, federal and industry codes and adhering to the ADA Compliance of 5 Telecommunications Equipment and Services as released by the Federal Communications Commission, September 9, 1999, effective March 1, 2000, when applicable. Seller shall also be responsible for those fees for codes, permits and licenses related to the products and services identified under this Agreement. 21. ORDINANCES AND REGULATIONS: Seller shall comply with all the applicable statutes, ordinances, and regulations of federal, state, and local governments. Seller shall pay all taxes, insurance, and license fees pertaining to the business herein described. 22. COMPLIANCE WITH LAW: Seller shall operate in full compliance with all laws, rules and regulations applicable to, and maintain in force all licenses and permits required for its performance under this Agreement. 23. GOVERNING LAW: The laws of the State of Michigan shall govern this Agreement, including all matters relating to the validity, construction, performance and enforcement thereof. Any Member Participation Agreement entered into by Seller and individual Members will be governed by and construed in accordance with the laws of the state in which service is provided to a Member. 24. No WAIVER: No waiver of any of the provisions of this Agreement shall be binding unless it is in writing and signed by both parties. The failure of either party to insist on the strict enforcement of any provision of this Agreement shall not constitute a waiver of any provision and all terms shall remain in full force and effect. 25. SEVERABH.ITY: No provision of this Agreement which may be deemed illegal, invalid or unenforceable will in any way invalidate any other provisions of this Agreement, all of which will remain in full force and effect. 26. BINDING EFFECT AND ASSIGNMENT: This Agreement will be binding upon and inure to the benefit of the parties, their successors and assigns. Neither Party may not assign or otherwise transfer this Agreement, in part or in whole, or any of its interest herein without the prior written consent of the other Parry. Such consent will not be unreasonably withheld. Seller may assign the agreement without MiCTA's consent to a wholly owned subsidiary so long as the services provided to Members are unaffected. r 27. CANCELLATION/TERMINATION: 27.1 Either party may terminate this Agreement with cause for breach of any provision of this Agreement provided written notice of breach has been given and such breach has not been cured within thirty (30) days after delivery of such notice. See also Attachment D — Proof of Performance during first twelve (12) months of this Agreement. 27.2 Members shall be responsible for all sums due and owed the Seller for products or services provided under this Agreement. 28. SURVIVORSHIP OF PROVISIONS: All Seller's products purchased, and seller's services performed pursuant to this Agreement shall be bound by all of the Terms and Conditions set forth herein notwithstanding the expiration of the term of this Agreement, including without limitation, the following sections for so long as the products and services remain in use: (i) Governing Law, (ii) Assignment, and (iii) MiCTA Commission and Audit Functions, as defined in this Agreement. 29. NOTICES. 29.1 Notices to be given pursuant to this Agreement will be in writing and will be deemed to have been duly and properly given on the earlier of: 29.1.1 Date such notice has been received; or 29.1.2 Five (5) days after deposit of such notice in the United States Mail, postage prepaid, to be delivered by certified mail, return receipt requested, addressed to Seller at: Time Warner Cable Enterprises LLC 60 Columbus Circle New York, New York, 10023 Attn: General Counsel or at such addresses as Seller may designate, in writing, from time to time, or to MiCTA addressed as follows: MiCTA President James Hudson 4805 Towne Centre Suite 100 Saginaw, Michigan 48604 or at such address as MiCTA may designate, in writing, from time to time. 30. HEADINGS: The section number and/or captions appearing in this Agreement are inserted only as a matter of convenience and are in no way intended to define, limit, construe or describe the scope or intent of such sections of this Agreement, or in any way affect this Agreement. 31. IMPLEMENTATION DATES: Seller's Approved status, as applicable, will become effective upon execution of this Agreement by all parties. MICTA and Seller shall exercise all reasonable efforts, consistent with Article 12 of this Agreement, Marketing Support and Sales Aids, to make Seller's price list(s) for products/services, as set forth in Attachments A and B to this Agreement, available to Members as soon as practicable after the Effective Date of this Agreement 32. ENTIRE AGREEMENT: This Agreement supersedes and replaces all prior and contemporaneous agreements, understandings and representations, whether oral or written, between the parties and relating to the subject matter hereof, constitutes the entire understanding of the parties with respect to the subject matter of this Agreement. This Agreement may not be modified, changed, altered, or amended except by an express written agreement signed by duly authorized representatives of the parties hereto. 33. CONTRACT EXECUTION: In Witness Whereof, in consideration of the mutual covenants set forth above and for other goods and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into the above Agreement and have caused their duly authorized representatives to execute this Agreement. MICTA Time Warner Cable Enterprises LLC By: By: Name: James Hudson Name: Greg King Title: President Date: AAV 2015 Title: Senior Vice President Date: May y2015 MASTER SERVICE AGREEMENT CONTRACT NUMBER: 155A_N-FBOS2014-0317 ATTACHMENT A —SELLERS MICTA PROGRAM OFFERING Vendor has responded to the Technical Requirements of the MT-FBOS 2014 RFP as instructed. Vendor has bid on the following services, as referenced in the response. (List all services available) • Section 6 — Wide Area Fiber Build -Out Services o Lit Leased Services Time Warner Cable defines Lit Leased Services as being Direct Internet Access (DIA) and Ethernet (both Eline and Elan). Additionally, construction costs may need to be applied in specific instances where more complex and distance installations are required at a customer's premise.. A building location is deemed "On -net" if it is physically connected to our fiber plant and has a current or former TWC customer in the building. MASTER SERVICE AGREEMENT CONTRACT NUMBER: 155AN-FBOS2014-0317 ATTACHMENT B - SELLERS MICTA PROGRAM PRICING DedicatedIriterriet'Ac cess..(DIA).. DIA MICTA Pricing 10 MTM 1 Year 2 Year 3 Year 4 Year 5 year 7 year 5 Mbps $605 $545 $490 $440 $395 $350 $310 10 Mbps $880 $790 $710 $640 $575 $510 $450 20 Mbps $1,265 $1,135 $1,025 $920 $830 $735 $650 30 Mbps $1,480. $1,330 $1,200 $1,080 $970 $865 $760 40 Mbps $1,695 $1,530 $1,375 $1,240 $1,115 $990 $870 50 Mbps $1,760 $1,585 $1,425 $1,280 $1,150 $1,025 $900 60 Mbps $1,810 $1,630 $1,470 $1,320 $1,190 $1,055 $930 70 Mbps $1,870 $1,680 $1,510 $1,360 $1,225 $1,090 $955 80 Mbps $1,920 $1,730 $1,555 $1,400 $1,260 $1,120 $985 90 Mbps $1,970 $1,775 $1,600 $1,440 $1,295 $1,150 $1,010 100 Mbps $2,030 $1,830 $1,645 $1,480 $1,330 $1,185 $1,040 200 Mbps $2,575 $2,320 $2,090 $1,880 $1,690 $1,505 $1,325 300 Mbps $3,405 $3,065 $2,755 $2,480 $2,230 $1,990 $1,750 400 Mbps $3,950 $3,555 $3,200 $2,880 $2,590 $2,310 $2,030 500 Mbps $4,495 $4,050 $3,645 $3,280 $2,950 $2,630 $2,310 600 Mbps $5,050 $4,545 $4,090 $3,680 $3,310 $2,950 $2,595 700 Mbps $5,595 $5,035 $4,530 $4,080 $3,670 $3,270 $2,875 800 Mbps $6,145 $5,530 $4,975 $4,480 $4,030 $3,590 $3,155 900 Mbps $6,695 $6,030 $5,425 $4,880 $4,390 $3,910 $3,440 1 Gbps $7,245 $6,520 $5;870 $5,280 $4,750 $4,230 $3,720 10 Not Available in Diamond Bar Service Area Ethernet Services Metro Regional nduct Ban, vidth ELAN Regions MRC Per Si to/Location 5 3 $370 $336 $302 $269 $235 10 $5 $524 $480 $428 $381 $333 20 $672 $616 $560 $5 $448 $392 30 $773 $708 $640 $515 $451 40 Saw 85 $720 643 $571 $500 50 $941 $8 $784 $706 $627 $549 60 $1,025 $939 $84 $769 $683 $598 70 $1,092 $1,001 $2F $819 $728 $637 80 $1,159 $1,063 60 $869 $773 $676 90 $1,226 $1,124 $1, $920 $818 $715 100 $1,277 $1,17 $1,04 $958 $851 $745 200 $1,546 $1, $1,280 $1,159 $1,030 $902 300 $1,814 63 $1,520 1361 $1,210 $1,058 400 $2,083 1,910 $1,760 $ 2 51,389 $1,215 500 $2,318 $2,125 $1,960 $1,7 $1,546 $1,352 600 $2, $2,341 $2,160 $1,915 $1,702 $1,490 700 89 $2,556 $2,360 $2,092 1,859 $1,627 800 2,990 $2,741 $2,520 $2,243 94 $1,744 9 $3,192 $2,926 $2,680 $2,394 $2, $1,862 0 $3,360 $3,080 $2,800 •, $2,520 $2,240 $1,960 NRC PerSite/Location ELAN $250 1 $250 1 $260 1 $250 $250 $250 11 Not Available in Diamond Bar Service Area Ethernet Services Metro Regional ELLhTE (EP„Lor EVP,_ Jac Per Circuit 5 5576 5529 5480 5432 5336 10 $816 748 5680 5612 $476 20 5960 5800 37205560 /S7 30 31,10d 31,0 5920 5823 5644 40 $1324 $1,122 $1,020 5918 5714 50 S1,344 51,232 ,120 $1,0 5896 5784 60 51,464 51,342 S 0 S a 5976 5954 70 S1,560 31,430 $130 ,170 S1,040 $910 80 St -656 S1�13 SI330 31,242 51,104 $966 94 SY,752 31,606 31,4 t4 81,168 $1,022 100 $1,824 $1,672 0 $1 51,216 $1,064 2Q0 32 08 $2,024 1,840 51,65 $i,472 31 68 300 $2j92 $2376 $2,160 $1,944 51,729 51312 400 $2,976 $2, 52,480 $2,232 84 $1,736 500 ;3,312 , 36 S2,760 52,494 S2 $032 600 $3,648 A S3344 53,040 51736 52,432 $2,128 700 $3,98 53,652 $3320 S2,988 S2,656 $4 $3,916 $3,560 $3,204 S2,948900 ,560 54,180 $3,80053,420 53,040 \2,324800 100 54,800 54,400 54,000 53,600 $3200 NRC Per SiteI ocatio (E mor EVP 5350 57.50 S25D 3250 $250 5250 12 Not Available in Diamond Bar Service Area Ethernet Services National NMI ELAN MRC Per Site/Location 5 64 $517 $470 $423 $376 $329 10 $8 $733 $672 $600 IF $533 $466 20 $941 $862 $784 $7 $627 $549 30 $1,082 $992 $896 1 $721 $631 40 $1,200 100 $1,008 900 $800 $700 50 $1,317 $1, $1,098 $988 $878 $768 60 $1,435 $1,31 $1,1§r$1,076 $956 $837 70 $1,529 $1,401 $ 7 $1,147 $1,019 $892 80 $1,623 $1,488 344 $1,217 $1,082 $947 90 $1,717 $1,574 $1, $1,288 $1,145 $1,002 100 $1,788 $1,63 $1,45 $1,341 $1,192 $1,043 200 $2,164 $ 4 $1,792 $1,623 $1,443 $1,262 300 $2,540 ,328 $2,128 ,905 $1,693 $1,482 400 $2,916 A $2,673 $2,464 $ 7 1 $1,944 $1,701 500 $3,24 $2,975 $2,744 $2,4 $2,164 $1,893 600 $3 $3,277 $3,024 $2,681 $2,383 $2,085 700 ,904 $3,579 $3,304 $2,928 ,603 $2,278 80 $4,187 $3,838 $3,528 $3,140 $ 1 $2,442 $4,469 $4,096 $3,752 $3,352 $2,9 $2,607 0 $4,704 $4,312 $3,920 $3,528 3,136 $3,136X $2,744 NRC Per Site/Location ELAN $zso $250 $zso 1 $zso $zso $zso 13 Not Available in Diamond Bar Service Area Ethernet Services National Bat. %vidth All Regions ' . ELINE EPL or EVPL MRC Per G rcu it 51 S80 $739 $672 $605 $538 5470 10 $1,142 51,047 $952 S $762 5666 20 $1,344 1,232 51,120 ,006 $896 $784 30 $1,546 17 $1,288 51,159 S1,030 $902 40 $1,714 $1, $1,42 51,285 S1,142 $1,000 50 $1,882 $1,725 $1, $1,411 51,254 $1,098 60 $2,050 51,879 08 $1,537 51,366 51,196 70 $2,184 $2,002 20 $1,638 $1,456 51,274 80 $2,318 $2,125 $1, 51,739 51,546 51,352 90 $2,453 $2, $2,0 $1,840 51,635 51,431 100 52,554 S 41 52,128 $1,915 $1,702 51,490 200 $3,091 ,834 S2,576 ,318 52,061 51,803 300 $3,629 $3,326 $3,024 $ 2 S2,419 S2,117 400 54,1 $3,819 $3,472 S3,1 $2,778 52,430 500 $0,07 54,250 $3,864 $3,476 S3,091 52,705 600 01.07 $4,682 54,256 53,830 3,405 52,979 $5,578 $5,113 54,648 54,183 18 $3,254 55,981 $5,482 54,984 S4,486 $3, $3,489 2I_t)()o70 $6,384 S5,852 $5,320 54,788 54,256 $3,724 56,720 56,160 $5,600 55,040 $4,480 53,920 ELI NE NRCPer Site/Location EPL or EVPL $250 S250 S250 5250 5250 $z50 14 MASTER SERVICE AGREEMENT CONTRACT NUMBER: 155AN-FBOS2014-0317 Appendix C — Sample Member Participation Agreement: Members, purchasing products and services made available under the Master Service Agreement, must enter into an individual Member Participation Agreement. The Participation Agreement is the written agreement between Seller and Member to provide products, services, and/or support at the prices offered and awarded under MT-FBOS 2014 and the Master Service Agreement. The Member Participation Agreement will further define additional purchasing terms and conditions required by a Member's organization. These Participation Agreements may include any or all of the following terms and conditions as well as (i) the Seller's standard commercial terms of sale, and (ii) if applicable, any additional terms and conditions required by the Member's state or institutional purchasing requirements. C.1 Appropriated Funding: Members purchasing products, services, and/or support awarded under MT-FBOS 2014 may be subject to yearly appropriated funding. Therefore, Member reserves the right to cancel multi -term agreements whenever funds are not appropriated; or otherwise made available to support continuation or performance in any fiscal year succeeding the first. Member recognizes that this does not affect either the Member's rights or the Seller's rights under any termination clause in the Agreement. C.2 Member Project Schedule: Members and Seller will negotiate a schedule for providing required integration services, product delivery, product testing, system acceptance, payment requirements, etc. prior to Member placing an order and Seller's acceptance of the order. The agreed upon schedules will be made in writing, and become attached to and made part of the final Member Participation Agreement. C.3 Member Governing Laws: Member Participation Agreements shall be governed by and construed in accordance with the laws of the state in which the Member organization resides, excluding any conflict of law provisions. Any litigation with respect thereto shall be brought in the courts of the Member's state. Seller providing products, services and support under this Agreement shall comply with all applicable federal, state, and local laws and regulations. CA Financial Stability: Seller will acknowledge that MiCTA Members rely on Seller's financial statements, including those filed with the Securities and Exchange 15 Commission, as a measure of Seller's financial strength and ability as an on-going business concern to fulfill its obligations under any resulting Agreement. By filing SEC Certification Reports or making other representations of its own financial stability, Seller affirms that, to the best of its knowledge in all material respects, it has accurately reported its financial affairs. If it is determined that Seller has failed to 1) conduct its financial reporting activities in compliance with generally accepted accounting principles or 2) comply with applicable Federal security laws and regulations, and there is a material deterioration of Sellers financial viability as an on-going business concern, Member's Participation Agreements may be terminated, or the obligations thereunder reduced or eliminated. In the event that there is a material change in the financial condition of the Seller, including without limitation, a default on loan covenants, de -listing of publicly traded stock on any recognized exchange on which they are traded, bond rating classified as 'Junk' bond status or lower, assignment of receivables, or a voluntary or involuntary filing for protection from creditors or reorganization of debt in a bankruptcy, liquidation, or other similar proceeding of any kind, the Term of any Member Participation Agreement shall revert automatically to month-to-month for all purposes under the Agreement. Any Member commitments shall be automatically considered to have been satisfied for the Agreement and rates, and discounts shall continue as they are at the time of the events. C.5 Copyright Requirements: Seller represents and warrants that it is the lawful owner or licensee of any products/services licensed or sold to Members, developed by either the Seller or Manufacturer, has all rights necessary to provide proof to the Member of ownership rights or licensed use, as applicable, of any and all products / services made available under the Master Service Agreement and Member Participation Agreement. C.6 Indemnification: Subject to the other limitations set forth in this agreement, Seller, to the extent permitted by law, shall indemnify, defend, and hold harmless the Member from and against all losses, liabilities, damages, and all related costs and expenses incurred in connection with any action or proceeding threatened or brought against the Member to the extent that such action or proceedings are based on a claim that any productiservice provided by the Seller or its Subcontractors, the use of such products/services, or reproduction of any documentation violates the provisions set forth in this agreement. 16 C.7 Alternate Product Sourcing: Member and Seller shall work in good faith to secure products, services and/or support from other MiCTA contract holders whenever it is in the best interest of the Member. Member will be responsible for notifying the Seller prior to acquiring the alternate product or service. Seller, providing integration or installation services, must: C.7.1 Indicate any potential effects the change may create in the overall project. C.7.2 Be willing to integrate these products and services into the Member's project. C.8 Liquidated Damages: As negotiated and agreed in writing as between the Seller and the Member. C.9 Insurance Requirements: Seller and their Subcontractors operating under the Master Service Agreement and the Member Participation Agreement will, at their own expense, obtain, keep in force and maintain appropriate insurance coverage for all activities performed on Member's site in connection with the products and services covered by the agreements. Seller will be required, at Member's request, to provide an appropriate Certificate of Insurance evidencing coverage, and provide prior written notice of any occurrence of modification, material change, or coverage cancellation during the term of Member's Participation Agreement. Coverage should minimally include the following: C.9.1 Workers Compensation Insurance C.9.2 Comprehensive General Liability Insurance — Bodily Injury/Property Damage C.9.3 Services/ Products/ Completed Operations Aggregate C.9.4 Vehicle Insurance for vehicles and other motorized or specialized equipment used in the performance of this agreement. C.10 Workmanship Warranty: Seller is required to provide for a workmanship warranty of not less than one-year from the date of the Member's final system acceptance. The final system acceptance will be determined by a "sign -off' as negotiated by the Member in the Member Project Schedule. Seller will be responsible for all costs for labor, field service, and pick-up and delivery related to repairs or 17 corrections during the warranty period. Warranty will be provided to Members at no additional cost. C.11 Member Invoice: Seller agrees to provide invoices directly to individual Members, which shall include a detailed breakdown of all products and/or services provided. Seller agrees to minimally provide all Members with Net 30 Days invoice terms. C.12 Freight Terms: Seller and/or its subcontractors providing products, equipment, software, etc. to Members, agrees to provide Freight Terms as defined below. C.12.1 Seller agrees to provide shipping terms of F.O.B. Destination-: Member's Receiving Dock, ground transportation, within the Continental U.S.A, at no additional cost to the Member. C.12.2 Seller agrees to identify all freight charges, for unique purchases requiring actual shipping costs be invoiced "Prepay and Add", prior to accepting a Member's Participation Agreement. C.12.3 Expedited deliveries or other special deliveries, other than ground transportation, outside the Continental U.S.A., will be prepaid and added to the Member invoice at actual costs. C.13 Hardware/Software Compatibility: Seller and/or its subcontractors providing hardware or software products to Members agree to address hardware / software compatibility issues with both the Member that minimally include the following: C.13.1 Seller shall be responsible for notifying both the Member and MiCTA of any/all Member compatibility and/or interoperability issues between project hardware, peripheral equipment or software provided by the Seller. C.13.2 Seller shall provide networking equipment configurations that meet or exceed all applicable industry standards, and are interoperable with all other Member system components. C.13.3 Seller is responsible for providing an evaluation/analysis or survey of Member's existing systems (including any required software) prior to ordering and installing equipment, and make Member aware of any/all known interoperability and compatibility issues that must be addressed. fu C.13.4 Seller agrees to notify the Member entering into a participation agreement of any additional electronic premise equipment that is required to interface to the hardware or software being provided. C.13.5 Seller shall not be held responsible for products which fail to perform as designed as a result of any additions or modifications to the products and/or services not performed by the Seller, or resulting from the Member's use of the products and/or services in conjunction with the Member's other software and/or systems which have not been reviewed and approved by the Seller prior to order and installation. C.14 Termination Right: As negotiated As negotiated and agreed in writing as between the Seller and the Member. C.15 Title and Risk Allocation: Seller agrees to provide a license for use of the service upon the Effective Date set forth in the Participation Agreement, for any products or services that require licensure for use. C.16 Seller Hardware/Software Warranty: Seller and/or its subcontractors, providing hardware/software to Members, agrees to provide a Seller's Hardware/Software Warranty that minimally includes the following: C.16.1 Seller assumes responsibility for issues and/or concerns arising in setup, installation, and general system testing when a subcontractor is utilized to complete this process. C.16.2 Seller warrants the infrastructure operation and capacity based on the system specifications and design. C.16.3 Seller's warranty will commence upon the Effective Date of each Participation Agreement, and will be provided at no additional cost to the Member, other than those costs as agreed. C.16.4 Seller warrants that all products and services provided under this Agreement to Members conform to all RFP requirements and all representations contained in the Seller's RFP response, presentation, and/or and technical demonstration. C.16.5 Seller guarantees that the use of non -certified installation and/or service technicians will not void any manufacturer's product warranty. If the use of non- certified installers will void a manufacturer's warranty, Seller agrees to use only certified installers for the product installation. 19 C.16.6 Seller agrees that all warranty service provided under this Agreement to Members shall be performed by manufacturer trained, certified, and authorized technicians. C.16.7 Seller agrees to act as the sole point of contact for warranty service for warranted equipment provided for use with this proj ect. C.16.8 Seller warrants it will pass through to Members any and all warranties obtained or available from the original equipment manufacturer (OEM) only, including any replacement, upgrades, or additional equipment warranties. C.16.9 Seller agrees that any shipment received damaged or "dead on arrival" (DOA) will be immediately replaced with new equipment via priority shipping by the Seller. C.16.10 Seller agrees that damaged or DOA shipments will be issued an RMA and freight Call Tag, and returned either at the Seller's or manufacturer's expense. C.17 Compliance With Law: Seller and its subcontractors shall, at their own expense, operate in full compliance with all laws, rules and regulations applicable to, and maintain in force all licenses and permits required by the states in which they conduct business. 20 MASTER SERVICE AGREEMENT CONTRACT NUMBER: 155AN-FBOS2014-0317 ATTACHMENT D — REPORTING AND COMMISSIONS DUE MICTA DA Commission/Restrictions: Upon acceptance of an order by Seller, Seller agrees to pay MiCTA a commission fee of 2% of the Eligible Net Revenue (as defined below) generated from any MiCTA Account. For purposes of this Agreement: D.1.1. MiCTA Account shall mean an Applicable Member, as determined in accordance with Section 3.2 of this Agreement, that purchases Seller's products or services under this Agreement and the Member Participation Agreement with Seller. D.1.2. Eligible Net Revenue means all revenue received from MiCTA Applicable Members, but shall not include: (i) any revenues received by Seller for goods and services that are not within the scope of MT-FBOS 2014; (ii) any pass-through access/egress (or related) charges imposed by third parties; (iii) any non-recurring charges imposed on or by Seller's tariffs; (iv) any pass-through directory assistance charges; (v) any taxes or surcharges; and (vi) any promotional or other credits granted by Seller. D_1.3. The only commissions, fees or compensation due MiCTA under this Agreement shall be those commissions payable on all NECTA Accounts pursuant to Applicable Member Participation Agreements for products and services within the scope of MT- FBOS 2014. D.1.4. Commissions are to be paid at the end of each calendar quarter beginning sixty (60) days after the billing date starting with the quarter that includes the first full month's billing by Seller of an Applicable Member, and commission payments shall be made at the end of the appropriate calendar quarter. Notwithstanding anything else, Seller is only required to pay commissions on the actual "Eligible Net Revenues" received from an Applicable Member. D.1.5 Notwithstanding the above, in the event that commissions due MICTA total less than $50.00 for any given payment period, Seller shall have the right to withhold payment of such commissions until the total reaches $50.00, and then Seller shall pay to MICTA such aggregated commissions in the next payment period. 21 D.1.6. Seller shall be responsible for payment of all pending MiCTA commissions due from sales revenues generated by this Agreement up through the actual date of termination. D.1.7. MiCTA does not guarantee a minimum sales volume or estimated sales volume for this Agreement. D.1.8. MiCTA is solely responsible for the payment of any taxes or assessments in connection with its receipt of commission payments hereunder. D.2. REQUIRED SALES/COMMISSION REPORTS: Seller is required to notify MiCTA of all sales and/or service commitments with MiCTA Applicable Members. The report must minimally, for each Applicable Member taking service, include the customer name, contact name/number, city, state, estimated volume, estimated commission, estimated cost savings, and estimated delivery date. A sample report is available upon request. MiCTA may provide Seller with a reporting portal on MiCTA's website and require such reporting to be made electronically on the website. Reports must be submitted by the 60th day following quarter -end close. Reports are due even if no sales are made durint the period, so that the Seller certifies that no sales were made to MiCTA Applicable Members. Reports should be sent to: MiCTA Attn: Commission Report 4805 Towne Centre Suite 100 Saginaw, MI 48604 Sales/Commission Reporting Process: D.2.1. Reports must include a list of all purchases by Applicable MiCTA Members from the Seller. D.2.2. Seller will be required to submit an Annual Report of all Applicable MiCTA Member purchases within 30 -days of the Seller's fiscal year close. D.2.3. Any failure to file reports of Applicable Member sales, or no sales as the case may be, is a breach of this Agreement. D.2.4. MiCTA reserves the right to perform an independent audit, by MiCTA designated auditors, of the MiCTA commissions paid by seller, on an annual basis. Seller shall bear the costs of the audit should the results of the audit identify a material amount of unpaid commissions. In the absence of a material underpayment, MiCTA will be solely responsible for the cost of any such audit. 22 D.2.5. Seller agrees to comply with a MiCTA request for audit within thirty (30) working days of receiving the written request. D.2.6. Seller agrees to pay all commissions due on all unreported Eligible Net Revenue with MiCTA Accounts revealed during an audit. D.2.7. MiCTA will repay any over -paid commissions disclosed during an audit and such repayment may be an offset against future commissions. D.3 Proof of Performance — First Twelve (12)Months 7683851_1 D.3.1 Notwithstanding any other provision of this Master Service Agreement, Seller agrees that during the first twelve (12) months of this agreement Seller will demonstrate significant efforts to make sales to MiCTA Members, implement a plan to market Seller's products or services to the MiCTA Members, promptly file the required sales reports pursuant to D.2, even if no sales were made during the period, and pay all commissions due pursuant to D.I. If no sales are made within 12 months from the date of signing the MSA, MiCTA has the right to and will terminate the MSA, unless the vendor can demonstrate to MiCTA's satisfaction that significant efforts have been made to market the vendor's MiCTA approved products and services to MiCTA members. 23 CITY COUNCIL Agenda # 6.9 Meeting Date: March 1, 2016 AGENDA REPORT TO: Honorable Mayor and Membeis of the City Council VIA: James DeStefano, City Mn g TITLE: ADOPT RESOLUTION NO. 2016 -XX AMMENDING THE CITY'S PERSONNEL RULES AND REGULATIONS EFFECTIVE MARCH 2, 2016; AND REPEALING RESOLUTION NO. 2008-34 IN ITS ENTIRETY RECOMMENDATION: Adopt. FINANCIAL IMPACT: The proposed changes to the Personnel Rules and Regulations will result in anticipated known annual costs of approximately $4,457. BACKGROUND/DISCUSSION: The City's Municipal Code 2.20.050, entitled "Adoption and Amendment of Rules and Regulations", states that the Personnel Rules and Regulations shall be adopted by Resolution of the City Council. The purpose of these rules is to facilitate efficient and economical services to the public and to establish lawful procedures for dealing with personnel matters. The last time the City Council reviewed and approved changes to the Personnel Rules and Regulations was on August 19, 2008. Since then, there have been a variety of legal updates and requirements as well as changes to public personnel best practices. It is appropriate, from time to time, to examine the current rules for conformance to legal requirements, current human resources best practices and to clarify language in the document to ease the implementation and administration of the rules and regulations. The proposed changes to the Personnel Rules and Regulations were made with all these points in mind in addition to the growth and maturity that the City has experienced as a result of over 26 years of Cityhood. The proposed changes to the Personnel Rules and Regulations can be categorized as either legal updates, additions, deletions, grammatical edits or language clarification. All of these edits have been made with careful attention to detail and to provide a robust and contemporary living document that can be utilized for internal administration of personnel matters and implemented in an efficient and economical manner by the City Manager. Finally, the proposed changes to the Personnel Rules and Regulations were reviewed and approved by the City Attorney prior to presentation to the City Council as per the City's Municipal Code.2.20.030 (3). There are a number of edits to the Personnel Rules and Regulations that are not substantive in nature and are meant to correct grammatical errors or to clarify the intent of policy language. Some of the more substantive changes are briefly highlighted below. A full length redlined copy of the proposed changes to the City's Personnel Rules and Regulations is attached hereto and marked as Exhibit "A". Legal Updates 1. Rule III, Section 1. Discrimination Prohibited — This section was completely replaced to comply with current legal standards and requirements regarding unlawful discrimination. 2. Rule III, Section 8. Reasonable Accommodations — This is a new section to reflect the City's conformance with the California Fair Employment and Housing Act and Americans with Disabilities Act requirements. 3. Rule VIII, Section 9. Fitness for Duty Exams — This is a new section that memorializes the City's practice of requiring a physical examination post job -offer and the guidelines for existing employees when it is observed that the employee is unable to perform the essential functions of their job. This section also address the City's legal requirement to keep medical information confidential and commitment to engage in the Interactive Process to discuss any and all reasonable accommodations (if applicable). 4. Rule XII, Section 8. Family and Medical Leave — This section was completely replaced to comply with current legal standards, definitions and requirements. 5. Rule XII, Section 16. Leave for Victims of Violence — This is a new addition based on legal requirements to offer time off to employees that have been victims of a crime or domestic violence. Additions 1. Rule III, Section 9. Eligibility for Benefits —This section was added to further define who was eligible for benefits, the type of benefits that employees and Council Members receive and to confirm the City's compliance with the CalPERS contract and the City's policy to only contribute the minimum amount ($125/month per retiree) required by contract for retiree healthcare. The current annual cost is $7,500 for five retirees and was already approved and appropriated in the Fiscal Year (FY) 2015/16 budget. 2. Rule IV, Sections 6. & 7. Upward & Downward Reclassification — Position reclassifications can occur in both an upward or downward fashion and it is necessary to have procedures in place to administratively process them. Both of these newly added sections elaborate, in detail, the effective dates of such a personnel action, the salary options available and the employee's performance evaluation and merit eligibility effective dates. Rule V, Section 7. Merit Step Denial — This section was added to address situations of poor employee job performance and the administrative procedure to deny a merit increase to an employee who is performing below their job standards or a part- time employee that has not worked the requisite number of hours to be eligible for a merit increase. 4. Rule V, Section 19. Temporary Upgrade/Special Assignment Pay — It is typical, customary and in compliance with the Fair Labor Standards Act (FLSA) to compensate employees for working outside the scope of their classification for an extended period of time. This staffing tool can be used, with City Manager approval, on a case-by-case basis to better deal with and meet peak operational and service demands. 5. Rule V, Section 21. Safety Footwear — Employees working in the field where foot hazards exist are required to wear steel toe boots for protection. The City has a long standing practice of providing designated field employees with an annual reimbursement up to $350 for safety footwear. Currently, there are seven employees that are eligible to receive the reimbursement for a total annual cost of $2,450. This cost was already approved and appropriated in the FY 2015/16 budget. The addition of this section is to memorialize the annual employee reimbursement and the City's commitment to providing a safe work environment. 6. Rule V, Section 22. Technology Stipend — Executive (Department Directors) and Exempt Management (Division Managers) employees and one Information Systems employee were approved in July 2014 by resolution (2014-20) of the City Council to receive a monthly stipend of $100 as a reimbursement for the purchase, maintenance and use of their personal cell phones and other technological devices to conduct City business and to respond in the case of emergency. Additionally, there are three key employees, designated by the City Manager, that receive a $50 monthly stipend to also be available in the case of emergency. This section was added to memorialize the monthly technology stipend. The total annual cost for the technology stipend for 14 employees is $15,000 and was already approved and appropriated in the FY 2015/16 budget. 7. Rule V, Section 23. Performance Pay — Approximately 88% of the City's workforce is at the top step of their designated salary range. This section is being added as a motivation and retention tool reserved for high performing employees to continue to deliver quality results and not to seek employment with another public agency. This performance management tool will be reserved for employees who exhibit exceptional job performance, can only be approved by the City Manager and would be subject to annual funding by the City Council during the budget adoption process. 8. Rule V, Section 24. Severance Pay — This section is being added to specify how employees in a layoff or employment separation situation will be compensated and what benefits they will receive during the time that they are being transitioned out of City employment. 9. Rule VI, Section 8. Rest Periods — In addition to meal periods, non-exempt employees (overtime eligible) are allowed to take a fifteen -minute break for every four hours of consecutive work. This section is being added to document that the City complies with FLSA standards and to detail the expectations for employees when, how and where they take their rest breaks. 10. Rule VIII, Section 6. Employment Reference Checks — The City's current practice of conducting detailed employment reference checks prior to a conditional job offer of employment being made is an extension of the employment examination process. Not only is it a consistent and current best practice by City hiring managers, there are specific legal parameters that define when the employment reference check can be conducted during the selection process. Finally, reviewing the prospective employee's DMV driving history is a risk management measure and means to reduce the City's liability should the candidate be hired and required to drive a City vehicle as part of their job duties. 11. Rule VII, Section 7. Criminal Background Checks (Live Scans) — The City has been enrolled in the live scan program with the Department of Justice to conduct criminal background checks for prospective City employees and volunteers for more than 10 years. The addition of this section is to memorialize our long-standing business practice and to document the responsibilities of City staff and volunteers once enrolled into the program. 12. Rule XII, Section 3. Sick Leave — It is proposed that the maximum amount of sick leave that full-time and part-time benefitted employees can earn be raised to, respectively, 480 hours and 240 hours. Staff conducted a survey of 14 nearby agencies in our labor market and learned that half of the agencies allow their employees an unlimited sick leave accrual bank and the remaining agencies that have caps on sick leave accrual, on average, limit sick leave accruals at 745 hours which is more than three and a half times the City's current limit. Additionally, all full-time employees have federally protected leave rights to take up to 12 weeks or 480 hours for a reason covered under the Family Medical Leave Act (FMLA). As it stands now, full-time City employees are only allowed to earn less than half the requisite number of hours to cover a legally approved leave of absence under the FMLA. Since employees can only bank 200 hours of sick leave, if they have a 12 week leave of absence, they will have to supplement their FMLA leave with other paid leave options (i.e. vacation hours, state disability insurance) or go without pay since FMLA leave is not in and of itself, paid leave. Raising the maximum sick leave accrual would allow full-time employees the option to bank up to 480 sick leave hours in case they have a FMLA qualifying event requiring a significant amount of time off and not worry about having to goon unpaid status. Once the sick leave cap is reached, the employee would cease to accrue any additional sick leave hours. It is further recommended that the policy be changed to allow employees to voluntarily request up to an 80 hour sick leave payout, at half their hourly rate, for sick leave hours earned above 200 hours instead of the current mandatory cash out policy. For reference, with the current 200 hour cap on sick, the average employee sick leave balance, as of February 11, 2016, is 126 hours. In December 2014 and 2015, 21 out of 52 employees were eligible for a sick leave cash outs for an approximate cost of $30,000 and $34,000 respectively. Of those employees that were eligible for a cash out, the average number of hours cashed out in December 2014 was 53 hours and in December 2015 it was 63 hours at one-half the employee's rate of pay. By increasing the maximum cap on sick leave accruals and making the sick leave payout voluntary, instead of mandatory, it is believed that employees may carry a slightly higher average sick leave balance but cash out fewer hours on an annual basis which provides an annual cost savings opportunity for the City. 13.Rule XII, Section 5. Bereavement Leave — The intent of bereavement leave is to provide time away for employees to grieve and deal with the circumstances surrounding the loss of a family member. The current policy states that the City Manager can approve three days or 24 hours of bereavement leave. City employees currently work a 9/80 flex schedule and so it is proposed that the intent to offer three days of bereavement leave stay the same but that the number of hours be updated to reflect staff's current nine hour work schedule for a total of 27 hours of bereavement leave and an option to convert 18 hours (instead of 16) of sick leave to supplement bereavement. Since the request to use bereavement leave is on an "as needed" basis and it is difficult to estimate the financial impact of this proposed change. It is believed that the cost to making this change is negligible. 14. Rule XII, Section 7. Administrative Leave — A correction has been made to this section surrounding the total number of administrative leave hours that full-time exempt employees (senior level and supervisory employees) receive on an annual basis. Since July 2006, the administrative leave banks for full-time exempt, Exempt Management and Executive Management employees were increased to the following amounts: 27, 36 and 45 hours on an annual basis. The change in administrative leave accruals for the Exempt and Executive Management employees were captured in the 2008 edit of the Personnel Rules and Regulations but the correction for full- time exempt employees was left out. There is an additional recommendation in this section to allow the City Manager to grant 40 hours of administrative leave for exceptional job performance, in addition to his current authority, and to allow the employee to either take the time off or cash it out within one year. This addition to the City Manager's authority in granting administrative leave would be another performance management tool available to him to motivate and retain high performing employees. 15. Rule XIII, Section 2. Floating Holidays — Currently, full-time employees are entitled to receive two floating holidays equivalent to 16 hours. It is believed, that this benefit was originally established when staff was on a traditional eight hour work day. Staff is recommending that the number of hours be updated to reflect the current 9/80 flex work schedule and change the number of floating holiday hours to 18 which is still equivalent to a total of two floating holidays based on staff's nine hour work day. The estimated annual financial impact of adjusting this item is $4,457. 16. Rule XX, Section 3. Use of City Vehicles for Rest or Meal Breaks — This section outlines the appropriate use of City vehicles, that employees are prohibited from using City vehicles for personal use and that they may use them during their rest or meal breaks to visit food establishments as long as they are in transit from one work site to another within the City limits. 17. Rule XXI, Section 3. Computer Loan Program — This program was originally established by resolution of the City Council (2005-36) but was never added to the Personnel Rules and Regulations. This program allows eligible employees to receive an interest-free loan up to $2,500 for the purchase of a personal computer and related equipment to be re -paid through bi-weekly payroll deductions within 24 months. As of February 11, 2016, there were two employees participating in the program with a combined outstanding balance of $546. Deletions 1. Rule XXII, Section 3. Information Systems Usage — The content of this policy is an administrative directive issued within the City Manager's authority to City staff regarding the appropriate use of information systems and technology in the workplace. In order to reduce confusion between what is listed in the Personnel Rules and Regulations and the Administrative Policy issued by the City Manager, this section has been deleted. PREARED B Amy Hau Human Resourc s Manager Attachments: Resolution No. 2016 -XX Exhibit "A" — Redline of Personnel Rules and Regulations Exhibit "A" RULE PURPOSE AND APPLICATION Section 1. Purpose: The purpose of these Rules and Regulations(hereafter "Rules") is to facilitate efficient and economical services to the public and to establish lawful procedures for dealing with personnel matters. Unless amended by a subsequent Resolution of the City Council the Rules and-Regalatiens set forth herein and the Personnel Ordinance shall govern the Personnel System for the City of Diamond Bar ("City"). Section 2. Application: These (Rules apply to all employees of the City of Diamond Bar - unless a specific rule or procedure indicates otherwise. Section 3. No Conract Created: These expre st or implied or any right Rules do not in the nature far -__ate any contract of employment, fe of a contract. act RULE II DEFINITION OF TERMS DEFINITION OF TERMS Unless the context indicates otherwise, the following terms, whenever used in these (Rules, shall be defined as follows: Section 1. Advancement: A salary increase within the limits of the pay range established for the class. Section 2. Allocation: The assignment of a single position to its proper class in the and responsibilities accordance with the duties performed, and authority exercised. Section 3. ,Appointing Authority: The person having the authority to appoint or remove a City Manager unless delegated to person from City employment. This is the another employee or officer. Section 4. At -Will: All employment positions outside of the competitive service. may be terminated at any time at the will of the Employees in at -will positions without cause, and without the right Appointing Authoritvcity er thee, of appeal. At -will positions are set forth in +rrs4udeChapter 2 20 of the City's Municipal Code: City Manager, Assis.tant City Manager, Deputy City Manager, Communitd Development a�a�= Community Services Director, City Engineer/Public Works Director, Director, Finance Director, Information Systems Director, all dDepartment headsDirectors, seasonal part_ time employees, intermittent part_ time employees, part_ time employees hired after October 18, 2005, emergency employees and any employee scheduled to work less than 1,0400 hours per year. Section 5. Bilingual Premium Pay Differential: A percentage of pay which will the employee for providing non-English language compensate qualified services as an essential part of his or her job. Section 6. City Manager' ^__'_ ^ The City Manager and/or his or her designee r` _ _ n nn,.nage n�� �a r ty nnw w�T� Section 7. Class: All positions sufficiently similar in duties, authority, responsibility, and working conditions to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion, and salary. Section 8. Competitive Service: All positions of employment in the service of the City d' 02 (2005)• except those excluded by Section 4 above.Pe ' ^ City Manager, ikssm6tant City ManageF, Development 9_aPAce6—P+FeGtOf, rnitte Section 9. 1pss than 1,040 hGUF&PaPJ9af--- Demotion: The movement of an employee from one class to another class having a lower maximum rate of pay. A demotion may be voluntary or involuntary. Section 10. Domestic Partner: A domestic partnership is legally established in California when all of the following requirements are met: both persons file a Declaration of Domestic Partnership with the Secretary of State; both persons have a common residence; neither person is married to someone else or is a member of another domestic partnership with someone else that has not been tweboth are not related terminated, dissolved, or adjudged a nullity; persons by blood in a way that would prevent them from being married to each other in another state; both persons are at least 18 years of age; both persons are capable of consenting to the domestic partnership; and either of the following apply: (a) both persons are members of the same sex; or (b) one or both of the persons are over the age of 62, and meet certain eligibility criteria pursuant to the Social Security Act; and darnestir aFtneFshi.. Section 11. Eligible: When used as a noun, means a person whose name is on an employment eligibility list. Section 12. Employment Eligibility List: A list of names of persons who have taken an open -competitive examination for a class in the competitive service and have qualified. Section 13. Examinations: (a) Open -competitive examination: An examination for a particular class which is open to all persons meeting the qualifications for the class. (b) Promotional examination:In .._ J t.. .A rtMd h., only open to current City employees meeting the qualifications for the class. (c) Continuous examination: An open competitive examination which is administered periodically and as a result of which names are placed on Section 14. Section 15. an employment list, in order of final scores, for a period of not more than one (1) year. Exempt: An employee not entitled to overtime compensation under the Fair Labor Standards Act. Job Classifications: For the purposes of the City's Personnel System, each position title shall correspond in the City's Classification Plan to a number as reflected in the salary resolution. (a) Executive Management: Executive Management positions are classified as exempt employees that are at -will and are assigned as Department Directors and/or Deputy or Assistant City Managers. b Exempt Management: Management positions that are classified as exempt and are assigned as Division Managers. (bc) Full-time Exempt: Various exempt`- ='-supervisory, administrative, and professional positions (sq) Full-time Non -Exempt: Positions subject to overtime requirements and working 40 hours per week. (de) Hourly Benefited: Positions known as regular part-time or part—time working twelve (12) months per year and an average of twenty (20) or more hours per week on a year-round basis. Benefits are provided to regular part—time employees on a pro -rated basis. (f) Hourly Non -benefited: At -will positions 4 --also known as either seasonal or intermittent part-time. These employees are sometimes referred to as "Temporary". An hourly non -benefitted position is utilized no more than 999 hours per fiscal year and may be employed on a seasonal or intermittent basis If an employee identified as intermittent or seasonal art -time works 1,000 hours or more in a fiscal year, he or she does not acquire regular employee status. Section 16. Layoff: The involuntary separation of a regular status employee or reduction to a position in a lower classification because the position is no longer needed or due to fiscal and/ --or operational reasons. Section 17. Personnel Ordinance: Chapter 2.20 of the City's Municipal Code.9rdinaase Section 18. Probationary Period: A working test period during which an employee is required to demonstrate his or her fitness for the duties to which he or she is appointed by actual performance of the duties of the position. The probationary period or initial period of employment is considered a part of the examination process and shall be utilized for closely observing the employee's work to determine the employee's fitness for the position. ee from one to Section 19. Promohaving ta higher maximum rate of pay and ion: The movement of an ydifferent job dut es from theanother previous class. Section 20. Provisional Appointment: A temporary appointment of a person who possesses the minimum qualifications established for a particular class, and who has been appointed to a position in that class in the absence of available eligibles. This is sometimes referred to as an "Interim Appointment". Section 21. Reclassification: The change of a position from one class to another as a result of the gradual accretion or reduction of duties and/or responsibilities over time. Section 22. Regular Emplovee: An employee in the competitive service who has successfully completed his or her probationary period and has been retained as an employee. Section 23. Regular Part -Time Employee: An employee in the competitive service who has successfully completed his or her probationary period and is eligible for pro -rated benefits. Sometimes referred to as "Hourly Benefited". Section 24. Resection: The separation of an employee from employment during the probationary period or examination process. Section 25. Reinstatement: The re-employment, without examination, of a former regular employee. Section 26. Temporary Employee: An at -will employee who has been appointed to a full- time or part—time position for apt limited duration. Section 27. Transfer: A change of an employee from one position to another position in the same class or another class having the same maximum salary limits, involving the performance of similar duties and responsibilities and requiring the same qualifications. Section 28. Y Rate: When -Where an employee is moved to a different class with a lower salary range, and the employee wig -retains his/her current salary until the salary of the new class has a maximum salary rate which is equal to or higher than the current salary. RULE III GENERAL PROVISIONS Section 1. Discrimination Prohibited: No City employee or applicant fo�rrrehmplloof ent non -em io aeJ utilll— ......... ...... - a ainst in recruitment examination appointment selection training, promotion, retention wages benefits discipline or any -other aspect of employment because of race color religion national origin ancestry, marital status sex (includingGender -ender identity, gender expression, trans ender regnancy, and preastLeedinqL age, nhysical or mental disability, sexual orientation (including homosexuality, bisexuality, or heterosexuality) genetic characteristics or information, political or religious opinions or affiliations union activities or affiliations, taking of FMLA or nnrwinn citizenship status mimai 411%1 „V,�Iu11 law. Individuals are rotected from discrimination because of familial status or association with an individual in an of the rotected classifications listed above Other forms of discrimination prohibited by this policy include retaliating against someone for filinga charge of discrimination participating In an investigationor opposing discriminatory practices. -eMp4GYment vi th Me city, shall be tion, —t af peF60RnP1 An be marital status, sex—,-�`s sal oF mental disability, lwations, taking of Pa ve Ant 1 ' rocedure providedin Rule XXIL Section 5 of these Rules. Section 2. Nepotism Prohibited: (a) Relatives of those listed below may not be employed anywhere in the City organization: 1. City Council members; 2. Standing Board and Commission members; 3. Executive or Exempt Management Team Members of the City; 4. Employees of the City Manager's Department; OF 5. Employees of the Human Resources O"aqr^ePtDivision.. 6 Employees of the Finance Department; or &.77._—Employees of the Information Systems Department. (b) The employment of a relative within the same—a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility or authority; 3. Function in the same chain of command; and 4. Work on the same shift at the same work site. (c) For business reasons of supervision, safety, security or morale, a relative may not directly supervise a rEflative.the QW may refLi6e to (d) For business reasons of supervision, safety, security or morale, the City may refuse to place relatives in the same department, division, or facility '9� �"�� '"`^"`'I Annflints of les than +macF aefs ns. (e) 'Relative" means child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother-in-law, sister-in-law, domestic partner, or other individual related by blood or marriage. (f) "Employee" means any person who receives a City paycheck and W-2 for services rendered to the City. (g) For business reasons of supervision safety security or morale, the City may enforce; this Section 2ese sp.Gtions" l " a^ ^^' to address the post -City employment marriage of or establishment of a Domestic Partnership. Of -said ie Pstablmshmpnt of the [)nrnestip PaFtneFship (h) Exceptions to this section may be made by the City Manager. Any appeal of the enforcement of this section shall be to the City Manager. Section 3. Political Activity Prohibited: City employees shall not engage in political activities in violation of Government Code section 3201 et seq. No one engage A on nffinial duties, usin 3 City e luipment, OF wearing an official City uniferm The City prohibits (1) Employees and officers from engaging in political activities during work hours. (2) Political campaigning In City buildings or on premises adjacent to City buildings or while in CitV uniform: and (3.) An employee or officer from using his or her office to coerce or Intimidate public employees to promote propose oppose or contribute to any political cause or candidate. EXAMPLES OF PROHIBITED CONDUCT: City Employees shall not: 1 Participate in political activities of any kind while in uniform; - . . . _i A.__I __a:.aao.....a..r;.. %unrlrinn hnlimw 4 Solicit a political contribution either directly or indirectly from an office or employee of the City, or from a person on a City employment list, with knowledge that the person from whom the contribution is solicited is a City officer or employee or job applicant; 5 Favor or otherwise discriminate against any employee because of political opinions or affiliations; 6 Interfere with any election: or 7 Attempt to trade iob benefits for votes. EXAMPLES OF PERMITTED CONDUCT City Employees may: 1 Express opinions on all political subjects or candidates: .. 1 .. +I nni Pips solicitation made to a significant segment of the public which may include 0, t%UIIli1L V1 IGVGIYY vu... ... -.- - employee or anization if the funds when collected were not earmarked for a clearly identifiable candidate for a federal state or local office or 7. Solicit or receive during oft -duty timepolitical funds or contributions to promote the Passage or defeat of a ballot measure which would affect the rate of pay, hours of work retirement civil service or other working conditions of City officers or employees. Section 4. Outside Employment: No employee may hold outside employment that is incompatible with his/her City employment. Each fegulaFemployee who holds any other position,, in addition to City employment, shall complete a Request for Approval of Additional Employment form and return it to the dDepartment UeadDirector for signature and then to the City Manager or designee for ---r...,.,1 nAi r +n mrcanHnn nr rommencina outside employment. F^�rl-pkl yetis The approval Af New €employees wt+o aeeept newthat already have outside employment prior to starting a position with the City shall vw �+^' '^ submit the form at the time of their pre- employment paperwork appointment with Human Resources staff. Section 65. Employee Duties: Employees are required to carry out the primary duties and responsibilities of their City employment. Section 76. Violation of Rules: Violation of any of t#e-previsle�these rRules shall be grounds for disciplinary action up to and including termination. Section 67. Amendment and Revision of Rules: Amendments and revisions to these rRules must be reGornmended by the City Manager ^ ' approved by the City Council. Section 98. Reasonable Accommodations: The City will strive to provide employment- related reasonable accommodations to qualified individuals with disabilities wettld-restdt. --(a)=Request for Accommodation: (a) An employee who desires a reasonable accommodation in order to perform essential iob functions should make such a request in writing to the Human Resources Division. The request must identify: a) the iob- related functions at issue; and b) the desired accommodation(s). (b). Reasonable Documentation of Disability: Following receipt of the request the Human Resources Department may require additional information, such as reasonable documentation of the existence of a disability from the employee's treating health care professional. (c)- Fitness for Duty Examination: The City may require an employee to undergo a fitness for duty examination at the City's expense to determine whether the employee can perform the essential functions of the iob with or without reasonable VII. Section 9 of these Rules.) (d). Interactive Process Discussion: After receipt of reasonable documentation of disability and/or a fitness for dut report, the City's Human Resource Manager will arrange for a discussion, in person or via telephone conference call, with the applicant or employee, and his or her representative(s), if any. The 10 purpose of the discussion is to work in good faith to consider fully all feasible potential reasonable accommodations. (e)- Case -by -Case Determination: The City shall conduct an individualized assessment in accordance with applicable law, whether reasonable accommodation(s) can be made and if so the type of accommodations) to provide. The City does not need to provide accommodations) that would pose an undue hardship upon City meaning it would cause the City to incur significant expense impair City operations or that -would endanger the health or safety of the employee or others The City will inform the employee in writing of its decision as to reasonable accommodation(s). Section 4-99 Eligibility for Benefits All full-time employees and designated regular part-time employees are eligible to receive group health dental, vision life deferred compensation disability insurance and unemployment insurance within the City's group insurance carrier(s). The administrative cost thereof and a portion of the cost of the premiums will paid by the City after 39 days of ,_ ___ _c Lam. ..,.. niL. h. n,cmiiim Cnntrlhution annual�budget. adopted by the City Council Members of the City Council, management employees (Executive and Exempt) and employees defined as full time exempt will receive an additional $39 to be applied to premium costs. Dependents of employees are eligible to be covered under the employee's health dental and vision insurance. In accordance with its contract with CaIPERS the City will contribute the minimum amount required pursuant to Government Code Section 22892 (c) for qualifying retirees enrolled in a CaIPERS health plan. 11 RULE IV CLASSIFICATION Section 1. Classification Plan: The City of Diamond far has established a classification plan. The plan consists of classes of positions in the City service defined by class specifications, including title, definition of the position, supervision received and exercised, a description of the duties and responsibilities of positions in each class, and the training, experience, and other qualifications to be required of applicants for positions in each class. The classification plan is maintained so that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class and allocated to the same schedules of compensation. Section 2. Adoption Amendment and Revision of Plan: The classification plan may be amended from time to time by resolution of the City Council. A,T,esdme #6 Section 3. New Positions: When a new position is created, and the r__ `ien is foiled the classification plan must be amended and an employment eligibility list established, unless the position is filled by a promotional appointment or position reclassification. Section 4. Classification Studies: Classification study requests shall be submitted by the Department Director to the Human Resources Division for review in order to determine if the duties and responsibilities of the position have substantively changed, have become inequitably aligned in relation to other classifications within the City service, and/or are otherwise incorrectly designated. Upon receiving approval from the City Manager, a classification study shall be conducted and the position may be reclassified to a more appropriate class, whether new or already created, at a higher or lower maximum salary level. After conducting a classification analysis of the position(s) authorized for study, the City Manager will recommend classification changes, if any, to the City Council for approval. Section 5. Qualifying Examination: A reclassification with a title change that results in a salary increase above the old classification may require of the incumbent a qualifying examination to determine whether ef- t the incumbent possesses the minimum qualifications for the new class. The method for the qualifying examination shall be determined by the appointing authority. An incumbent proposed for a reclassification who does not pass the qualifying examination shall retain his or her original title and class until such time as he or she does pass the qualifying examination. An employee whose position is being reclassified upward and who has previously passed the examination for the position within the last two years, 12 and whose name appears on an employment eligibility list for such a position, need not take a qualifying examination. - following the date of City Manager approval, reclassification. reclassification. the effect of this action shall be as follows: date of City Manager auPluval. b Sala —: The incumbent shall either: the salary range of the new class; or iI1 J •1�v-- -- between steps within the new salary range or be reauceu w 1116 IIIc ,,., ... __- - class if current salaryis greater than the maximum of the new salary: Or 13 (4) Be assigned a "Y" rate designation that holds the incumbent at a current salary which is above the new range until such time as the salary rate of the new class is the same as or exceeds the amount of the "Y" rate. Establishment of a Y" rate is an administrative determination and requires approval of the Human Resources Manager and City Manager. (c) Employee Status/Performance Review Date' A new probationary period is not required The incumbent's date for the next performance review shall be set one year from the effective date of the downward reclassification. 14 P-MILIP Mill 14 RULE V COMPENSATION Section 1. Compensation Plan: The City has established a pay plan covering all classes of positions in the City service, showing the minimum and maximum rates of pay. Section 2. Amendment of Plan: The compensation plan may be amended from time to time by action of the City Council. Section 2a. Comprehensive Compensation Survey: A Comprehensive Compensation Survey will be conducted, as needed but not less than every three (3) years to assure that the City's jobs are paid equitably against the labor market equal to the median of the survey. The Survey will utilize benchmark job classifications and include labor market comparisons of the established survey cities. Section 3. Salary upon Initial Hire: Department#earls-Directors shall have the discretion to place the employee at the A, B, or C step of the salary range of the classification into which the employee is hired. AA -An employees may be placed at any step beyond the C step of the salary range of the classification into which the employee is hired W41 -13e subject to the approvalat the ^" of the City Manager. Section 4. Merit Step Advancement: After six (6) months employment as a probationer an employee is eligible to advance to the next salary step if their -his or her performance evaluation shows performance of satisfactory or above_ and advancement is approved by the Department #eadDirector. Upon successful completion of twelve (12) months probationary employment and a satisfactory or above performance evaluation as approved by the Department #eadDirector, the employee will be eligible for advancement to the next salary step. Each year thereafter and with a satisfactory or above performance evaluation as approved by the Department keadDirector, the employee will be eligible for advancement to the next salary step. Section 5. Merit Step Advancement - of performance evaluation shows p6,.rfarrnAnre of satis aGtoFy or above a-� • - . .-. time Intermittent Employee is eligible for a merit increase upon receipt of a satisfactory performance evaluation provided that the employee has completed a minimum of one (1) full year of employment and five hundred (500) hours of work during the annual evaluation period An employee that 16 works less than five hundred (500) hours during an evaluation period shall be eligible for a step increase only upon reaching the second anniversary of hire date or last step increase subject to a satisfactory performance evaluation. Section 6. Merit Step Increase if Evaluation is Untimely: If the employee is eligible for a step increase and an evaluation has not been completed, when the evaluation is completed, if it is satisfactory or above, the employee will receive the annual increase retroactively. Performance evaluations due dates and AnneaWllerk P4a4w,will be tracked by the Human Resources Division. A step -merit increase pending a performance evaluation may be given at the discretion of the City Manager provided that the overall rating of the employee's annual performance is satisfactory or above. Section 7. Merit Step Denial: When an employee has not demonstrated the minimum required satisfactory rating for performance on the iob during the review period the Department Director shall defer the salary step (merit) increase for determined by the Department Director with the concurrence of the Human Resources Manager. An employee whose salary step (merit) increase is withheld on his/her review date, but approved at a later date, shall have the effective date of the subsequent approval become the new review date for eligibility unless the Department Director and Human Resources Manager Mutually agree on an earlier date. Part-time intermittent employees who have not worked the requisite number of hours on an annual basis shall have their merit increase deferred until thev work the minimum number of hours to meet the eligibility requirement Section 78. Amount of Merit Step Ad'lustments: Merit step adjustments are in approximately five percent (5%) increments to the maximum of the salary range. An employee may be given multiple step increases, not to exceed two (2) at any one time, at the recommendation of the Department Director ofr Division Manager and upon approvalat he-dlss� of the City Manager. Section 89. Merit Step for Employees on Leave: Eligibility for the merit step advancement may be extended for an employee on an approved leave of absence until the employee has returned to work and has thereafter completed the appropriate lengthep riod of service. Section 910. Effective Date of Increase: Merit increases shall be effective the first day of the pay period following the appreved effest+veperformance evaluation due date. Section 191. Salary on Promotion: An employee promoted to a classification having a greater maximum salary will be placed on the lowest step of the new range that results in not less than a five percent (5%) increase above the employee's 16 current regular salary. Upon recommendation of the Department Director and approval of the City Manager, the employee may be placed at a higher step. Section 142. Salary on Demotion: An employee who is demoted will be placed within the salary range for the class into which demoted. The salary will be set at the step which is lower and closest to the salary the employee was receiving before the demotion. Section 133. Salary on Reclassification_: An employee who is reclassified will receive the salary set forth below. (a) If reclassified to a classification with the same salary range, the salary will not change. (b) If reclassified to a classification with a higher salary range, the salary will be determined in the same manner as a promotion. (c) If reclassified to a classification with a lower salary range, the employee will -ma be Y -rated with Human Resources Manager and City Manager approval; retain current salary if current salary is the same as—a step within the salary range of the new class be placed on the closest step within the salary ran a of the new class that approximates the current salary if the current salary is between steps within the new salary range; or be reduced to the maximum step of the salaryran e of the new class if current salary is greater than the maximum of the new salary range. Section 134. Pay Periods: The compensation to all officers and employees of the City shall be paid biweekly. Checks or electronic transfers in payment for compensation will be made available by the City to employees and officers of the City on the Friday succeeding the close of the pay period. In the event that pay day falls on a holiday, payment will be made on the last work day preceding the holiday. Section 145. Bilingual Pay: Employees who are requested by the City to use bilingual skills during their scheduled work hours on a recurring basis to further dthe ffebusin in interests of the City shall receive es a bilingual premium pay employee who is addition to their regular pay. An full-time or part-time required, as an essential part of his or her lob to provnguage ed and r. nsQstenlisn la as part shall Ue resuicieu LV L110L L110 uau l - abilit aloneo business functions of the Cit . Bilin fhP incidental will not warra t bilingual pay. 17 Department Directors shall recommend employees that are requested to use bilingual skills during work hours and eligible for Bilingual Pay. The City Manager shall consider the request If approved by the City Manager, the recommended employee will be subject to a language skills examination which will be coordinated by the Human Resources Division Upon successfulL passing the language skills test the bilingual pay differential will be effective the following pay period. P09W ) Section 156. Overtime: (a) As a matter of general policy, the City does not permit employees to work overtime and will provide adequate staff to handle normal operations. However, non-exempt employees may be required to work overtime at the discretion of the Department Director or Division Manager. (b) Overtime for non-exempt employees is defined as hours assigned to be worked and actually worked in excess of forty (40) hours actually worked in the designated work week. Paid leave hours (e.g. sick, vacation compensatory time floating holidays bereavement leave, iury duty leave administrative leave) do not count towards the calculation of overtime. (c) Non-exempt employees working overtime when not expressly authorized to do so, shall, to the ` ` autheFized by law,not he GOmpensaterl may be subject to discipline. (d) Overtime authorizedassiffned and worked by non-exempt employees shall be compensated at time and one half their regular rate of pay. The employee may submit a request toted -_the Department Director or Division Manager to work overtime which Department Director or Division Manager shall have the unrestricted discretion to approve or not approve,, compensation in the form of accrued compensatory time at time and one-half pay„ However, except an employee may not accrue more than forty (40) hours compensatory time at any time1 11. All of employment separation. (e) If a non-exempt employee is required to work on an observed holiday beyond the regular forty (40) hour work week, he or she shall be entitled to pay at the rate of two (2) times the regular rate of pay. 18 (f) Employees who are exempt from the Fair Labor Standards Act (FLSA) are compensated on a salary basis and are not eligible for overtime. PrGGed�' Section 167. Call -Out Pay: Non-exempt full—time and part—time employees will be paid a minimum of two (2) hours pay if called out to respond to a City emergency. Call—out occurs when an employee is ordered to return to duty on a non - regularly scheduled work shift after his or her regular work shift has ended and the employee has departed from City premises. Call—out does not occur when an employee is held over from his or her prior shift or is working prior to his/her regularly scheduled shift. Section 1-78. Acting Pay: An employee who is provisionally appointed to an acting or interim position that is in a higher salary range than that of the class in which the employee is normally assigned shall receive acting compensation. (a) Acting pay shall be provided only for appointments with duration greater than twenty-one (21) consecutive calendar days and shall be retroactive to the effective date of the acting appointment and continue until completion of the appoint, Pentassignment. (b) Such acting appointments shall be made in writing by the City Manager with a copy to the Human Resources Division. (c) Compensation shall be at the entrance salary step of the higher range or the step within the higher salary range, which would provide a minimum of five percent (5%) higher than the employee's current salary ste Teeeives, whichever is greater. Section 19 Temporary Upgrade/Special Assignment Pay: A temporary5% increase in pay outside their normal and customary job duties for more than one consecutive special assignment pay to an employee. Section 420. Cost of Living Adjustment (COLA): At the adoption of the City's annual budget, a request by the City Manager may be nade to the Gity Manager maybe made to the City Council to provide a cost of living adjustment to the City's employees' compensation. The. COLA is the annual Consumer Price Index (CPI) percentage as issued by the Department of Labor, Bureau of Labor Consumer Price Index for Urban Wage Earners and Clerical Workers Los Angeles -Riverside -Orange Counties, California for year ending March of the 19 current year. The City Council has the sole discretion to adopt or modify the request at any time. Section 21. Safety Footwear: It is the policy of the City to require the use of safety shoes where foot hazards exist as a significant part of the lob. The City will provide a new pair of safety shoes to full-time field employees based upon "fair wear and tear" of existing safety shoes to a maximum cost of $350 for each employee determined to have lob duties that involve a high degree of potential foot hazards such as working on uneven and slippery surfaces handling heavy objects, equipment or tools potentially causing injuries from crushing or penetrating actions. A steel toe safety shoe is required. Section 22 Technology Stipend: Executive Management and Exempt Management are eligible to receive a monthly stipend of $100 as a reimbursement for the purchase and maintenance of personal cell phones, tablets, laptops, printers and/or phone/internet service in order to conduct City business and to respond in emergency situations Designated keV full-time staff, as approved by the City Manager, that are required to respond in emergency situations will be eligible for a $50 stipend on a monthly basis. Section 23 Performance Pay: Non -probationary full-time employees that have demonstrated exceptional mob performance, as defined and approved bV the City Manager, may be eligible to receive performance pay up to 10 percent of the their annual salary once per fiscal year. In order to be eligible, employees City Council during the budget adoption process. Section 24 Severance pay: The CitV Manager maV authorize up to 90 days of severance pay and continued health insurance as a result of a lav -off or an employment separation for a benefitted employee. 20 RULE VI HOURS OF WORK City employees may be assigned to work eight (8) hours aper day, five (5) days a ep_r week or assigned to the 9/80 flex plan under which they will work eighty (80) hours in a nine (9) day period. Section 1. The 9/80 Plan: Generally employees work nine (9) hours Monday through Thursday and eight (8) hours every other Friday, exclusive of meal period or nine (9) hours Tuesday through Friday and eight (8) hours every other Monday. In some cases the flex day may be a day other than Friday. If the o erational and service needs of the City dictate that an alternate flex day is re uired then the employee will work nine (9) hours on eight (8) of the nine (9) work days exclusive of meal period and eight (8) hours every other alternat�ay. Section 2. Five Day Work Week: Generally employees work eight (8) hours per day Monday through Friday, exclusive of meal period. Section 3. Alternate Work Schedule: Employees may be assigned to work days or hours other than those set forth in Section 1 or Section 2. Section 4. Work Week Defined: Mon��o neon For all employees working a 9/80 schedule their workweek shall beain exactly four hours into their eight hour shin on the day of the week which constitutes their alternating regular day off. For employees working five (5) days aper week, the work week or work period means a consecutive, seven (7) day period that begins at 12:040 a.m. on Sunday and ends at 411:9959 p.m. on the following Saturday. Section 5. Work Week Schedule Change: The City may change the work week when public necessity or convenience so requires. Section 6. Request to Change Schedule: Employees for whom personal necessity requires a different schedule than above, may make a request for the alternate schedule to the Department Director or Division Manager. If the Department Director or Division Manager agrees with the request, the request will be submitted to the City Manager for final approval. Alternate schedules must begin no earlier than 7:00 a.m. and end no later than 6:00 p.m. and will not 21 include a shorter meal period than below. All schedules are based on the operational and service needs of the City and requests to change schedule will only be approved if such requests support City operations and service requirements and may be rescinded at any time. Section 7. Meal Period: The City shall provide for regular and appropriate meal periods for City employees Department Directors and Division Managers shall assign and schedule meal periods to meet the operational needs of work crews or work units City employees shall be expected to use good judgment dunnq meal periods while serving as representatives of the City and in all cases presenting a favorable image to the public. Meal periods are non -paid and nonworking time and shall be one hour for all full—time employees. Every effort will be made to schedule such meal period during the middle of the shift. Meal periods shall not be combined with rest breaks to provide an extended break. The time allowed for meal periods includes any travel time to and from the lace where the meal break is taken For field employees meal breaks may be taken at restaurants and food establishments within the City In close proximity to the work site only if they can return to the lob site within the designated time limit Supervisors should discourage employees who are eligible for overtime from eating lunch at their desks to ensure that the employee has a bona fide uninterrupted meal period that shall not be counted as hours worked. Section 8 Rest Periods: All non-exempt City employees shall be provided with a fifteen - minute rest break once during each four consecutive hour work period. The fifteen minute breaks are not cumulative and may be taken only when prescribed. Compensatory time shall not be used to extend rest breaks. No break shall occur within one (1) hour of starting time meal break or quitting time unless special circumstances make this desirable and in which case prior approval shall be obtained from the employee's immediate supervisor. Rest breaks shall not be combined with meal breaks to provide an extended break. Where adequate on-site facilities exist employees are required to use the areas and facilities provided In the case of field employees, rest breaks are to be taken at the iob site or may be taken at restaurants and food establishments in the City in close proximity to the work site only if they can return to the iob site within the designated time limit If in transit between lobs the break maV be taken at a nearby City park or at the next lob site. 22 RULE VII APPLICATIONS AND APPLICANTS Section 1. Announcement: All examinations for Glasses --positions in the competitive service shall be publicized by posting announcements in City Hall, eneffisial e 4e#n._boa€dron the City's website, or by such other means as the City deems advisable. The announcements shall specify the title and pay of the Glass—position for which the examination is announced, the duties and responsibilities of the work to be performed, any minimum ,equ#e"'ts qualifications established, the manner of making -application, and other pertinent information. Section 2. Application: Applications shall be made as prescribed on the examination announcement. Application forms shall require information covering training, experience, and other pertinent information. All applications must be signed by the persen ap*mgaicant. Section 3. Disqualification: The City Manager's designee may reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position or for any material cause which, in the judgment of the City Manager's designee would render the applicant unsuitable for the position. Falsification of any information presented on the employment application shall be grounds for rejection/disqualification from the recruitment and/or termination from employment, if applicant is appointed to the position and the City subsequently learns that the employment application was falsified. Pitt RULE VIII EXAMINATIONS Section 1. Types of Examinations: The selection techniques used in the examination process shall measure the knowledge and abilities of the applicants to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates. The City Manager or designee may select the appropriate examination(s) to be utilized in the selection process. Section 2. Promotional Examinations: All candidates for promotion must meet the minimum qualifications identified by the appointing authority. The appointing authority will determine whether the examination is open competitive or a promotional appointment. Section 3. Continuous Examinations: Open= competitive examinations may be administered periodically for a single class as the needs of the service required. Names shall be placed on employment lists, in order of final scores, for a period of not more than one (1) year, unless extended by the City Manager's designee. Section 4. Conduct of Examinations: The City Manager's designee will determine the manner and methods and by whom examinations shall be prepared and administered. Section 5. Reasonable Accommodation in Testing: Should an otherwise qualified applicant who is disabled request a reasonable accommodation for any part of the testing process, the City may modify the process to reduce or eliminate the testing barrier. Section 6 Employment Reference Checks: The City is responsible for confirming information provided by applicants in their employment application. Information concerning an applicant's education and employment history should be verified by the hiring department before a formal employment offer is extended This responsibility includes verification of an applicant's educational history, credentials licenses professional certifications and previous work experience. All newly appointed employees required to have a valid motor vehicle license shall provide a Department of Motor Vehicles will be retained and destroyed in accordance with Government Code Sections 34090 et seg and the Records Retention Schedule of the Human Resources Division. Section 7 Criminal Background Checks (Live Scans): To ensure that the interests of the 24 City, its employees and members of the public are protected and to help minimize potential liability the CitV obtains summary criminal background reports from the Department of Justice on applicants for employment and volunteer positions. The City desires to identify those prospective qualified employees and volunteers who have a criminal histo so that information about criminal history can be used in post interview employment decisions. The City will evaluate the applicants circumstances to determine if the conviction is sufficiently serious recent and job-related to disqualify him or her from the job. Once a person has been selected as an employee or volunteer the employee or volunteer shall report a conviction or arrest to his or her supervisor who shall forward the information to the Department Director and Human Resources Manager. Alternatively, the Human Resources Manager mav be informed directly. Once employed an employees failure to report an arrest or conviction may result in disciplinary action up to and including termination. Section 6. Post Job Offer Physical Examinations and Saskgreu�: As a condition o an offer of City employment, all --some candidates must} successfully pass a post -offer physical, which may include a substance abuse examination; iwestiQatien—_Candidates being considered for employment will be sent to a City authorized physician at the City's expense. Section 7. immigration Reform and Control Act of 1986: In compliance with the Immigration Reform and Control Act of 1986, all new employees must verjfy identity and entitlement to work in the United States by providing required documentation and must complete an 1-9 form documenting ability to hold employment in the U.S.. Section 8. Notification of Selection Process Results: Each person competing in an employment selection process shall be given notice of placement or non - placement on the employment eligibility list. Section 9 Fitness for Duty Exams: (a) Conditional Offer of Employment Examinations: After a conditional offer of employment has been extended to an applicant, the City may, in compliance with all applicable laws, require the applicant to submit to a fitness for duty examination prior to conferring appointment. (b) Current Employee Examinations: 25 The City may require an employee to submit to a fitness for duty examination to determine if the employee is able to perform the essential functions of his or her iob when there is significant evidence: 1) the employee appears to be unable to perform or has difficulty performing one or more essential functions of his or her iob; and 2) there is reason to question the employee's ability to complete work duties safely or efficiently. (c)- Role of Health Care Provider: A Citv selected health care provider will examine the employee or applicant at City expense The City will provide the heath care provider with a letter requesting a fitness for duty examination and a written description of the essential functions of the employee's or applicant's job The health care provider will examine the employee or applicant and provide the City with non -confidential information regarding whether: 1) the employee or applicant is fit to perform essential 'lob functions; 2) there are any accommodations that would enable the employee or applicant to perform essential lob functions; and 3) the employee's or applicant's employment poses a threat to the health and safety of the employee/applicant or others. Should the health care provider exceed the scope of the City's request and provide confidential health information the City will return the report to the health care provider and request another report that includes only the non - confidential fitness for duty information that the City has requested. (d)- Medical Information: During the course of a fitness for duty examination the City will not seek or use information regarding an employee's or applicant's medical history diagnoses or course of treatment without an employee's or applicant's written authorization. (e)- Medical Information from the Employee's or Applicant's Health Care Provider: An employee may submit confidential medical information to the City from his or her personal health care provider to consider in conducting information that the employee or applicant provides to the City paid health care provider who conducted the examination. The Human Resources Manager will request the City -paid health care provider to determine whether the information alters the oriqinal fitness for duty assessment (fl. Interactive Process Discussion: After receipt of both the health care provider's fitness for duty report; and the analysis of the employee's or applicant's personal health care information fif any� the Human Resources Manager will arrange for a PZP discussion or discussions in person or via conference telephone call with the employee or applicant and his or her representatives, if anY. _...0 _ ... ,.,....J Fm#h fn fniiv r1mmiRS all reasiole 111olullual_--- discussions the Human Resources Manager will also discuss if relevant alternate available jobs for which the employee or applicant is qualified or whether the employee qualifies for disability retirement or medical leave. (q)- Determination: After the discussions the Human Resources Manager will review the .s +k,. ie n rpacnnable ob functions and if so whether the accommodations would pose an undue hardship on City finances oroperations. The Human Resources Manager will inform the individual of his or her determination. 27 RULE IX EMPLOYMENT ELIGIBILITY LISTS Section 1. Employment Eligibility Lists: As. soon as possible after the completion of an examination, the City Manager's Designee will prepare and keep available, an employment eligibility list consisting of the names of applicants who qualified in the examination, arranged alphabetically. Section 2. Duration of Lists: Employment eligibility lists, other than those from a continuous examination, shall remain in effect for one (1) year, unless exhausted sooner, and may be extended or abolished, prior to their expiration dates, by action of the City Manager's Designee, but in no event shall an employment eligibility list remain in effect for more than two (2) years. Section 3. Removal of Applicants from Lists: The name of any person appearing on an employment eligibility list shall be removed by the City Manager's dDesignee if the person eligible requests in writing that his or her name be removed, fails to respond to a notice mailed to his of "P.r last kn^^•^ adgrass, or has been certified for appointment and has not .be appainteacommenced employment. Section 4. Use of Employment Eligibility Lists: A vacant position may be filled by the appointment of a person whose name is on an employment eligibility list for the same position or a position in the same classification. 28 RULE X METHOD OF FILLING VACANCIES Section 1. Types of Appointment: Except as otherwise provided herein, all vacancies in the competitive service shall be filled by re-employment, transfer, voluntary demotion, promotion or from eligibles certified by the City Manager's designee from an appropriate employment eligibility list. Section 2. Notice to Human Resources: Whenever a vacancy occurs, the Department Director or Division Manager shall submit a request to the City Manager's Designee for authorization to fill the position. The City Manager's Designee shall advise the Department Director or Division Manager as to the availability of candidates from reemployment lists, requests for transfer, or demotion of eligible candidates on an employment or promotional list. The City Manager's Designee may hold a new examination and establish a new employment eligibility list, if requested. Section 3. Appointment: After completion of the interview and selection process, the Department Director or Division Manager shall recommend an employment offer to be made by-tLan eligible person designated by the Department Director or Division Manager by the City Manager's Designee. The City Manager's Designee shall thereupon notify the person of the conditional offer of appoint nentemployment, subject to passing a required m ediGa!-physical examination and drua test; (if required).. and all" d investigations. Section 4. Veterans Preference: If candidates are identically qualified for appointment, the appointment will be offered to the candidate who is a U.S. Military veteran, honorably discharged. Section 5. Temporary Assignments: Employees may be temporarily assigned higher or lower duties without a change in pay for the purpose of filling a vacancy. Such action shall not be deemed as a transfer, demotion, promotion, or reclassification. In all cases where periodic or regular variations in assignments occur because of seasonal needs, the temporary change of duties or a change of the work schedule, of such variations shall be considered as incidental to the position. Section 6. Extended Assignment to Vacant Higher Position: Employees assigned to perform duties in a vacant higher level regular position in excess of twenty- one (21) consecutive calendar days a.-a.r"o„_ed by the City CGUAGil•• shall be entitled to a salary rate increase to the higher level for the time actually worked in the assignment. (See Rule V, Section 178, Acting Pay.) The duration of such assignment to a vacant higher position shall not exceed one (1) year. It is the responsibility of the Department Director or Division Manager to request such salary rate increase to the City Manager's Designee for approval. 4.1 Section 7. Vacancies Outside the Competitive Service: Vacancies outside the competitive service (e.g., executive positions, seasonal part—time, intermittent part—time) will be filled by a process deemed appropriate by the City Manager'_ ^��'� . 30 RULE XI PROBATIONARY PERIOD Section 1. Probationary Period: Upon initial and promotional appointment to a position in the competitive service, an employee must serve a probationary period of one year of actual and continuous service. Periods of time on paid or unpaid leave ex in excess of five (5)_)A orking -days (consecutive or not) automatically extends the probationary period by the number of days the employee is on leave. The City Council may, by resolution, establish a longer probation period for a specified class prior to the time of appointment. Section 2. Purpose of Probationary Period: During the probationary period, the supervisor shall review, examine; and monitor the conduct, capacity, efficiency, skill, responsibility, integrity, and effectiveness of an employee to determine whether the employee is fully qualified for employment in the classification and position to which the employee has been appointed. Section 3. Extension of Probationary Period: The probationary period may be extended by the Department Director or Division Manager for a period up to six (6) months by written notice to the employee prior to the expiration of the original probationary period. Section 4. Reduction of Probationary Period: The probationary period may be shortened with the written approval ofby the authority of the City Manager. Section 5. Resection During Probation: At any time during the probationary period an employee may be rejected from employment without cause and without right of appeal. Section 6. Reiection During Probation From a Promotional Position: A promoted employee who has attained regular status in another classification of City employment who does not successfully complete the probationary period in the promoted class shall-MA)Lbe returned to the former classification or a comparable classification without right to review or appeal unless terminated for cause. Section 7. Use of Leave Durinq Probation: Authorized use of accrued sick leave, vacation leave administrative leave and Floating Holiday hours may be used aRy time by the probation^Fy emnleye rg anted during the probationary period upon approval of the Department Director, Deputy City Manager or City Manager. Va atioonleave, Admin 4 41T'ye Leave, d Cr�a _F laatmgHoliday heurs e during the probationaFy period, but shall be available for use Lipen completion of six (6) months of service unless otherwise approved by the City Manage . 31 RULE XII ATTENDANCE AND LEAVES Section 1. Attendance and Absence Control: Full—time employees shall be in attendance at their work in accordance with the rules regarding hours of work, except for City holidays, and other authorized leave. Absence of any employee without authorized leave may result in disciplinary action, up to and' including disehargetermination. Arriving late to work or leaving earlv in connection with scheduled work times breaks or meal periods is prohibited An employee is required to seek advance permission from his/her supervisor for anv foreseeable absence or deviation from regular working hours. Employee's Duty to Notify of Late Arrival or Absence: (a) An employee who is unexpectedly unable to report for work as scheduled must notify his/her immediate superyisor no later than the beginning of the employee's work shift and report the absence or expected time of arrival and the reason for the absence or late arrival. If the employee's immediate supervisor is not available the employee ready to work during all scheduled work times will be deemed to have an unauthorized tardy or absence and will not receive compensation for the period of absence. (b) Excessive Tardiness/Absenteeism: Excessive tardiness or absenteeism may be grounds for discipline up to and including termination Abuse of or misrepresentation of anv form of accrued or unpaid leave time will be grounds for discipline up to and including termination. Section 2. Vacation Leave: Vacation is a right, earned as a condition of employment.- telt mployment;telt is- a leave of absence with pay for the -recreation and well—being of the employee. If an employee has exhausted sick leave, vacation may be used for sick leave upon request of the employee and with approval of the City Manager Deputy City Manager, Department Director or Division Manager. (a) Employees shall accrue, on a pro -rata basis, vacation leave for completed pay periods. Such vacation allowance shall be available for use on the first day following the pay period in which it is earneded . however, vaeation—allowanne shall hP Available for use after the 32 Annual Length of Service from Vacation Accrual Benefit Date L Allowance Rate On employment through 3.08 hours 59 months 80 hours per pay months through 1 4.62 hours 119 months 120 hours per pay 6.15 hours 120 months and up 160 hours per pay (b) Maximum Accrual: Vacation leave may be accrued to a maximum of 360- hours. Once the 360 hour maximum accumulation is reached, no further vacation leave shall accrue until the employee reduces the accumulation below the maximum. 'However, at no time may an employee's amount of accrued vacation exceed 360 hours. (c) Waiver of Maximum Accrual: A waiver of the 360 hour cap must be requested by the Department Director or Division Manager and approved by the City Manager, for a period not to exceed thirteen (13) pay periods per fiscal year. if at the end of the waiver period the maximum accrual amount is exceeded, vacation accrual for the affected employee will stop. No further vacation time will be accrued until the employee's vacation leave balance is below the maximum accrual amount. In the event that the failure to utilize vacation past the thirteen pay period waiver is due to the City's inability to allow an employee to take vacation (as opposed to an employee's delay and/or failure to request vacation time off), the employee may, with City Manager authorization, continue to accrue vacation. (d) Vacation Leave Cash Out Option: Once 240 hours of vacation leave has been accrued, the employee is eligible to receive at their request, a one—time per year "cash out" payment for up to 80 hours of the accrued vacation leave provided he or she has used 80 hours of his or her accrued vacation leave during the previous twelve months. The "cash out" value is at the employee's current rate of pay regardless of the rate at which the vacation leave hours were earned. (e) The minimum charge against accumulated vacation leave shall be fifteen (15) minutes or multiples thereof. Vacation leave shall be compensated at the employee's base rate of pay. (f) The time during a calendar year at which an employee may take his or her vacation shall be determined by the Department Director of Division 33 Manager with due regard for the wishes of the employee and particular regard for the operational and staffing needs of the City. (g) All requests to use vacation leave requests shall be made with as much advance notice as possible, and prior approval must be given by the employee's supervisor and Department Director or Division Manager. When circumstances warrant and advance notice is impractical, Department Directors or Division Managers may approve the use of vacation leave for emergency absences. If an employee does not request time off in advance and simply does not show up for work, the Department Director or Division Manager may deny the use of vacation time or any leave accruals, and said employee may be subject to disciplinary action. (h) When a fixed holiday falls within a vacation period, the holiday time shall not be charged against an employee's earned vacation benefits. Employees who terminate or retire shall be paid for all accrued vacation leave earned at their base rate of pay at the time of their separation of employment. (j) For the purpose of determining their accrual rate, €exempt employees; for the purpose of aGOFual, shall be credited with previous-Munis:pa; experience, up to five (5) years of full-time City service for equivalent public sector full-time service. (k) Employees on '. -Unpaid-Leave. Employees on Unpaid Leave do not accrue Vacation Leave. (1) Employees not Eligible f^r ` agati Temporary (working less than 1,0400 hours per year), emergency;_ seasonal and intermittent part_ time employees, and Rte f tent pa# *,.,,e do not accrue Vacation Leave. (m) Prorated Benefits: Regular part—time employees receive prorated Vacation Leave. Section 3. Sick Leave: Sick Leave is defined as the authorized absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease, or for a medical, optical, or dental appointment. Sick leave may also be taken for diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee, an employee's family member (includes parent, child, spouse, registered domestic partner, parent -in-law, sibling, grandchild or grandparent); or for an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code section 230(c) and Labor Code Section 230.1(a). Sick leave shall not be considered a privilege which 34 an employee may use at his/her discretion, but shall be allowed only in case of necessity for the reasons provided in these Rulesis-Pelisy. (a) Accrual and Use of Sick Leave: The following sick leave amounts provided shall be available for use following 90 days of employment. Full Time Benefitted Employees: Full-time benefitted employees accrue sick leave for each payroll period completed, prorated on the basis of 80 hours per year, or 3.08 hours per pay period. Full-time benefitted employees can carry-over their accrued sick leave year to year up to a cap of 200480 hours: Once the sick leave cap is reached, the employee will stopaccruingadditional sick leave hours. Part Time Benefitted Employees: Part-time benefitted employees accrue prorated sick leave based on the full-time benefitted employee amounts and terms as noted above. Part-time benefitted employees can carry-over their accrued sick leave year to year up to a cap of 2840 hours. Once the sick leave cap is reached the employee will sto accruin additional sick leave hours. For example, if a part-time benefitted employee is half-time (50%) and is scheduled to work 1,040 hours in a fiscal year, the employee would be entitled to 40 hours of accrued sick leave which is half the full-time benefitted employee accrual rate. Seasonal and Intermittent Part -Time Employees: Beginning July 1, 2015, seasonal and intermittent part time employees are eligible for an allotment of 24 hours of paid sick leave on an annual basis. The full allotment of 24 hours of paid sick leave will be given on July 15t each year. Employees hired after July 1St will be given the full allotment of 24 hours of paid sick leave on the day the employee begins employment. Employees are eligible to take paid sick leave after 90 days of employment. Paid sick leave for seasonal and intermittent employees is not accrued, and cannot be carried over to the following year, nor is it paid out upon employment separation. (b) Minimum Use: The minimum charge against accumulated sick leave shall be 15 minutes or multiples thereof. Approved sick leave with pay shall be compensated at the employee's base rate of pay. (c) Proof of Qualifyin i Reason for Leave: If an employee is absent longe r than three (3) days or 24 hours due to sick leave tgls-petiey, the Department Directors or Division Managers may require a physician's certificate and/or other medical evidence/certification verifying the need for leave before the City honors any sick leave requests. The Gity may w been ed 36 An employee who is absent in order to obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking must provide appropriate certification of the need for such services. The following types of certification shall be sufficient: (1) a police report indicating that the employee was a victim of domestic violence, sexual assault, or stalking; (2) a court order protecting or separating the employee from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the employee has appeared in court; (3) documentation from a licensed medical professional, domestic violence counselor, a sexual assault counselor, licensed health care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence, sexual assault, or stalking. (d) Notification: If the need to use accrued paid sick leave is foreseeable, then, in order to receive compensation while absent from duty on sick leave, the employee must notify his/her immediate supervisor or Department Director or Division Manager prior to orwithin two (2) hours after the time set for the beginning of his/her regular duties. If the need for paid sick leave is not foreseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as practicable. (e) Violations: Violation of sick leave Eulespfilvi6ges may result in disciplinary action when in the opinion of the Department Director or Division Manager, the employee has been excessively absent, -Of has abused the sick leave and/or has misrepresented its use.sue-h des. (f) Sick Leave Payout: Each benefitted employee shah be may voluntarily be paid annually fefad !p to H hours of accrued sick leave in excess of the fnaxwmum allai.A.Fable r^- latien of 200 hours at a rate of one- half (1/2) the employee's current wage at the time of payment. Said payment is to be made during the month of December, or at such other time as the City Manager may determine, at his/her absolute discretion, as appropriate. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick Lleave at a rate of one-half (1/2) of the employee's current rate of pay at his or her date of separation. (g) Employees on Unpaid Leave: Employees on unpaid leave do not accrue 9sick Lleave. Section 4. Occupational Inlury or Illness Leave: Whenever an employee person is compelled to be absent from employment with the City on account of injury or illness arising out of or in the course of that employee's employment as determined by -under the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that of the employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee, in such instance, may also elect to use any earned vacation time in like manner after sick leave is exhausted. An employee, in such instance, may also elect to use any earned Administrative Leave and Floating Holiday hours in like manner after sick leave and earned vacation time +s -are exhausted. Employees shall receive full salary in lieu of Workers' Compensation benefits and paid sick leave for the first three da s ('^`isfollowing an occupational injury or illness, if authorized absence is by order of an accepted physician under the Workers' Compensation sections of the California Labor Code. Section 5. Bereavement Leave: When circumstances are such and the City Manager determines that conditions warrant, twenty feuF (24) hGu%three days (twenty- seven 27 hours) of paid bereavement leave may be used per occurrence in the event of death of a spouse, domestic partner, child, brother, sister, parent, parents -in-laws, or grandparent of a full-time employee. With City Manager approval, up to an additional ''^^^ "' -) I two days (eighteen 18 hours) of sick leave may be used to supplement bereavement leave. In the event of the death of other relatives and with City Manager approval, three days (twenty-fainseven (247) hours? of 4sick Lleave may be used per occurrence for the death of aunts, uncles, or other individuals related by blood or marriage. Section 6. Jury Duty and Witness Leave: If a regular full-time employee is required to serve as a trial furor, such employee shall receive regular pay while actually performing jury service. Amounts received by such employee from the Court as payment for service as a juror, except mileage paid to the employee, must Heed to be reimbursed to the City in order to remain on paid status. Part-time regular employees shall receive prorated pay based on the hours they were scheduled to work. Employees will be required to provide a Jury Duty Certification form to their supervisor, to be attached to their time sheet for that time period. Employees shall be granted leave with pay when subpoenaed to testify in a matter arising out of the scope of their employment with the City.as a %vitness other than a a oriy or an expert. Employees absent from work due to jury duty or witness leave must daily notify their immediate supervisor or dDepartment headDirector or Division Manager of the status of their leave. 37 Section 7. Administrative Leave: Full-time Clyexempt employees are allowed p1"h�twenty-seven (4-827) hours of administrative leave per fiscal year, Department Directors are allowed forty-five (45) hours of Administrative Leave per fiscal year and designated Exempt Managers are allowed thirty- six (36) hours of Administrative Leave per fiscal year. Administrative leave hours are added to eligible employees' leave banks at the beginning of each fiscal year provided the employee has not reached the maximum accrual of hours. Additional hauFs of leave may be authorized by the Gity based on the number of total. hours the individual works AVPr ort .-.neve forty x(40) hours per ork,e.veL Administrative Leave may be accumulated and carried over to the following year for a maximum accrual ofj to two (2) years. Employees may not accrue accrue administrative leave once the maximum is reached. Administrative I leave must be used by j u e 30 of the second fiscal year. if net used, the 4 employee Will .. Administrative I e e for the follo ^ il ..a^tee ^^^r 'no .,,, following year. Requests for Administrative Leave must be approved by the immediate supervisor and the City Manager. Use of Administrative Leave will be authorized at the convenience of the City and the work schedule. Additional hours of leave may be authorized by the City Manager, based on the number of total hours the individual works over and above forty (40) hours per work week or for exceptional performance and must be taken or cashed out within one (1) year. Section 8. FamilV and Medical Leave: medical care leave for eligible employees as required by state and federal law. The following provisions set forth certain of the rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal FamilV and Medical Leave Act of 1993 ("FMLA") and the regulations of the California Family Rights Act ("CFRA"). Unless otherwise provided by these Rules, "leave" under this Section 8 only shall mean leave pursuant to the FMLA and CFRA. (b) Definitions: (1) "12 -Month Period" means a rolling 12 -month period measured backward from the date leave is taken and continuous with each additional leave day taken. "Single 12 -month period" means a 12 -month period which begins on the 38 first day the eligible employee takes FMLA leave to take care of a (2) covered service member and ends 12 months after that date,,3 mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes a biological adopted foster or step -child. (4) A child is "incapable of self care" if he/she requires active assistance or supervision to provide daily self care in three or more of the activities of daily living or instrumental activities of daily living —such as carina for grooming and hygiene, bathing, dressing and eating cooking cleaning shopping taking public transportation paving bills maintaining a residence, using telephones and directories, etc. parentis (in place of a parent) to an employee when the employee was a child This term does not include parents-in-law. (6) "Spouse" means a husband or wife as defined or recognized under California State law for purposes of marriage. (7) "Domestic Partner" as defined by Family Code 297 and 299.2, shall have the same meaning as "Spouse" for purposes of CFRA Leave. (8) "Serious health condition" means an illness iniury impairment, or physical or mental condition that involves: i) 4—Inpatient Care (i.e., an overnight stay) in a hospital, hospice or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition treatment involved or recovery therefrom): or ii - 39 Continuing treatment by a health care provider A serious health condition involving continuing treatment by a health care provider includes any one or more of the following: serious health condition of more than three full consecutive calendar days, and any subse uent treatment or period of incapacity relating to the same condition that also involves: i Treatment two or more times within 30 days of the first day of incapacity, unless extenuating circumstances exist by a health care provider, by a nurse or by a provider of health care services (e.g., a physical therapist) under orders of or on referral by a health care provider. The first in-person treatment visit must take place within seven days of the first day of incapacity; or ii Treatment by a health care provider on at least one occasion which must take place within seven days of the first day of incapacity and results in a regimen of continuing treatment under the supervision of the health care provider. This includes for example a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment. b Any period of incapacity due to pregnancv or for prenatal care (This entitles the employee to FMLA leave but not CFRA leave Under Californialaw, an emplovee disabled by pregnancy is entitled to pregnancy disability leave.) C. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which: 40 Requires periodic visits (defined as at least twice a year) i for treatment by a health care provider or by a nurse; ii Continues over an extended period of time (including recurring episodes of a single underlying condition); and May cause episodic rather than a continuing period of incapacity (e.g_ asthma diabetes epilepsy, etc) Absences for such incapacity gualify for leave even if the absence lasts only one day. d A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective The employee or family member must be under the continuing supervision of but need not be receiving active treatment by, a health care provider. e Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of or on referral by, a health care provider, either for restorative surgery after an accident or other iniury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. (g) —"Health Care Provider" means: i—A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California; i) fid --Individuals duly licensed as a physician surgeon, or osteopathic physician or surgeon in another state or jurisdiction including another country, who directly treat or supervise treatment of a serious health condition II :iii)—Podiatrists dentists clinical psychologists optometric and chiropractors (limited to treatment consisting of 41 manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law; iii i�Nurse practitioners and nurse -midwives, clinical social workers and physician assistants who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law; iv v)—Chnstian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and V) vi) Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits. 10) "Covered active duty" means: (1) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with Armed Forces to a foreign country, or (2) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of a member of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions. 11) "Covered Servicemember" means (1) a current member of the Armed Forces including a member of the National Guard or Reserves who is undergoing medical treatment, recuperation, or therapy is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty; or (2) a veteran who is undergoing medical treatment recuperation, or therapy, for a serious inlurV or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. (12) "Outpatient Status" means, with respect to a covered servicemember, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providinq 42 command and control of members of the Armed Forces receiving medical care as outpatients. 13 "Next of Kin of a Covered Servicemember" means the nearest blood relative other than the covered servicemember's spouse, parent, son or daughter, in the following order of priority. Blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions brothers and sisters grandparents, aunts and uncles and first cousins unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. (14) Serious Iniury or Illness' (1) in the case of a member of the Armed Forces Including a member of the National Guard or Reserves means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the members active dutv and was aggravated b service in the line of duty on active duty in the Armed Forces) and that maV render the member medical unfit to perform the duties of the members office grade rank or rating; or 2 in the case of a veteran who was a member of the Armed Forces including a member of the National Guard or Reserves at any time during the period of five years precedii the date on which the veteran undergoes that medical treatment recuperation or therapy means a qualifying injury or illness that was incurred by the member in the line of duty on active duty io the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. (c) Reasons for Leave: Leave is only permitted for the following reasons: The birth of a child or to care for a newborn of an employe (1) The placement of a child with an employee in connection with the adoption or foster care of a chime (2) (2) Leave to care for a child parent spouse or domestic partner who has a serious health condition; 43 (3) (3) Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position: (4) Leave for a "qualifying exigency" may be taken arising out of the fact that an employee's spouse son daughter, or parent is on covered active duty or call to active duty status (under the FMLA only, not the CFRA): or (5) (6) Leave to care for a spouse son daughter, parent or "next of kin" who is a covered servicemember of the United States Armed Forces who has a serious injury of illness incurred in the line of duty while on active military duty or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces (this leave can run up to 26 weeks of unpaid leave during a single 12 -month period) (under the FMLA only, not the CFRA). (d) Employees Eligible for Leave: An employee is eligible for leave if the employee: (1� Has been employed for at least 12 months• and (1) (2) Has been employed for at least 1,250 hours during the 12 -month period immediately preceding the commencement of the leave. (e) Amount of Leave: Eligible employees are entitled to a total of 12 workweeks (or 26 weeks to care for a covered servicemember) of leave during any 12 -month period. Where FMLA leave qualifies as both military caregiver leave and care (1) Minimum Duration of Leave: If leave is requested for the birth adoption or foster care placement of a child of the employee leave must be concluded within one 44 Year of the birth or placement of the child In addition the basic minimum duration of such leave is two weeks. However, an exception can be made to allow at least one day but less than two weeks duration on anV two occasions. If leave is requested to care for a child parent spouse or the employee him/herself with a serious health condition there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. (2) Spouses Both Employed by the City: In any case in which both spouses are employed by the City are entitled to leave the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12 -month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e bonding leave). In any case in which both spouses are employed by the City are entitled to leave the aggregate number of workweeks of leave to which both may be entitled may be limited to 26 workweeks during any 12 -month period if leave is taken to care for a covered servicemember. Except as noted above this limitation does not apply to any other type of leave under this policy. (f) Employee Benefits While on Leave: Leave under this policy is unpaid While on leave employees will continue to be covered by the City's group health insurance to the same extent that coverage is provided while the employee is on the lob. Employees may make the appropriate contributions for continued coverage under the preceding non -health benefit plans by payroll deductions or direct payments made to these plans. Depending on the particular plan the City will inform you whether the premiums should be paid to the carrier or to the City. Your coverage on a particular plan coverage is to cease advising you that you will be dropped if your premium payment is not paid by a certain date Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. 45 If an employee fails to return to work after his/her leave entitlement has been exhausted or expires the City shall have the right to recover its share of health plan premiums for the entire leave period unless the employee does not return because of the continuation recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave or because of circumstances beyond the employee's control The City shall have the right to recover premiums through deduction from any sums due the City (e.g. unpaid wages vacation pay, etc.). (q) Substitution of Paid Accrued Leaves: While on leave under this policy, as set forth herein an employee may elect to concurrently use paid accrued leaves Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting FMLA and/or CFRA leave and may also require an employee to use family and medical care leave concurrently with a non--FMLA/CFRA leave which is FMLA/CFRA-qualifying. (1) Employee's Right To Use Paid Accrued Leaves Concurrently With Family Leave: Where an employee has earned or accrued paid vacation administrative leave, compensatory time floating holidays or sick leave that paid leave may be substituted for all or part of any (otherwise) unpaid leave under this policy. As for sick leave an employee is entitled to use sick leave concurrently with leave under this policy if: a The leave is for the employee's own serious health condition; or b The leave is needed to care for a parent spouse child or domestic partner with a serious health condition, and would be permitted as sick leave under the City's sick leave policy. (2) City's Right To Require An Employee To Use Paid Leave When Using FMLA/CFRA Leave: Employees must exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave with two exceptions: 46 a. Employees are required to use accrued compensatory time earned in lieu of overtime earned pursuant to the Fair Labor Standards Act; and b. Employees will only be required to use sick leave concurrently with FMLA/CFRA leave if the leave is for the employee's own serious health condition. 3) Citv's Riaht To Reauire An Emplovee To Exhaust FMLA/CFRA Leave Concurrently With Other Leaves: If an employee takes a leave of absence for any reason which is FMLA/CFRA-qualifying, the City may designate that non- FMLA/CFRA leave as running concurrently with the employee's 12 -week FMLA/CFRA leave entitlement. The only exception is for peace officers and firefighters who are on leave pursuant to Labor Code & 4850. (4) City's and Employee's Rights If An Employee Requests Accrued Leave Other than Accrued Sick Leave, Without Mentioning Either the FMLA or CFRA: If an employee requests to utilize accrued vacation leave or other accrued paid time off, other than sick leave, without reference to a FMLA/CFRA-qualifvinq purpose, the City may not ask the employee if the leave is for a FMLA/CFRA-qualifvinq purpose. However, if the City denies the employee's request and the employee provides information that the requested time off is for a FMLA/CFRA-qualifvinq purpose, the City may inquire further into the reason for the absence. If the reason is FMLA/CFRA- qualifying, the City may require the employee to exhaust accrued leave as described above. (h) Medical Certification: Employees who request leave for their own serious health condition or to care for a child parent or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City. If the leave is requested because of the employee's own serious health condition the certification must include a statement that the employee 47 is unable to work at all or is unable to perform the essential functions of his/her position. Em to ees who request leave to care for a covered servicemember who is a child spouse parent or "next of kin" of the employee must provide written certification from a health care provider regardinq the injured servicemember's serious iniury or illness. The first time an employee requests leave because of a qualifying exigency, an employer may require the employee to provide a copy of the covered military member's active duty orders or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation and the dates of the covered military member's active duty service A copy of new active duty orders or similar documentation shall be provided to the employer if the need for leave because of a qualifying exigency arises out of a different active dutV or call to active dutV status of the same or a different covered military member. (1) Time to Provide a Certification: When an employee's leave is foreseeable and at least 30 days notice not possible the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request) unless it is not practicable under the particular circumstances to do so despite the employee's diligent good faith efforts. (2) Consequences for Failure to Provide an Adequate or Timely_ Certification: If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the timeframe established by this policy the City may delay the taking of FMLA/(;WA leave until the required certification is provided. (3) Second and Third Medical Opinions If the City has reason to doubt the validity of a certification the City may require a medical opinion of a second health care provider chosen and paid for by the City If the second opinion is different from the first the City may require the opinion of a third provider 0ointly approved by the City and the employee but paid for b the City. The opinion of the third provider will be binding. An 48 opinions when 4 Intermittent Leave or Leave on a Reduced Leave Schedule: If an employee requests leave intermittently (a few days or hours at a time or on a reduced leave schedule to care for an immediate family member with a serious health condition the employee must provide medical certification that such leave is medical) necessary. "Medically necessary_ means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. (i) Employee Notice of Leave: Although the City recognizes that emergencies arise which may require employees to request Immediate leave employees are required to give as much notice as possible of their need for leave Except for qualifying exigency leave if leave is foreseeable at least 30 days notice is required. In addition if an employee knows that he/she will need leave in the future but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn) the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request the City may delay the granting of the leave until it can in its discretion ade Mately cover the position with a substitute. For foreseeable leave due to a qualifying exigency, an employee must provide notice of the need for leave as soon as practicable reaardless of how far in advance such leave is foreseeable. (j) Reinstatement upon Return from Leave (1) Right to Reinstatement: Upon expiration of leave an employee is entitled to be reinstated to the position of em to Iment held when the leave commenced or to an equivalent position with equivalent employment benefits pay, and other terms and conditions of employment Employees have no greater rights to reinstatement benefits and other conditions of employment than if the employee had been continuous) employed during the FMLA/CFRA period. If a definite date of reinstatement has been agreed upon at the beginning of the leave the employee will be reinstated on the 49 date a reed upon. If the reinstatement date differs from the original agreement of the employee and City the employee will be reinstated within two business days where feasible after the employee notifies the employer of his/her readiness to return. (2) Employee's Obligation to Periodically Report on His/Her Condition: Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. (3) Fitness -for -Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition which made the employee unable to perform his/her iob the employee must obtain and resent a fitness-for-dutV certification from the health care provider that the em to ee is able to resume work. Failure to Provide such certification will result in denial of reinstatement. (4) Reinstatement of "Key Employees": The City may deny reinstatement to a "key" employee (i.e., an employee who is among the highest paid 10 percent of all employed by the CitV within 75 miles of the work site) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City's intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Required Forms: Em to ees must fill out the following applicable forms in connection with leave under this policy: (1) Request For Family Medical Pregnancy Disability and/or Military Caregiver Leave Form" prepared by the City of Diamond Bar to be eligible for leave Note: Employees will receive a Cit of Diamond Bar response to their request which will set forth certain conditions of the leave; 50 (2) Medical certification—either for the employee's own serious health condition or for the serious health condition of a child, parent, spouse or domestic partner. (3) Authorization for payroll deductions for benefit plan coverage continuation; and (4) Fitness -for -duty to return from leave form. I . . ins, the City will previde family And. 51 Nil.. _ .. 51 M pr this rrentty 53 I OWN 53 (3)-Fitn health GaFe pFovider that the employee 73,-�� ;..(;h (;tartifination will Fesult in denial Of FBintaterne'nt Section 9. California Paid Family Leave: California Paid Family Leave is a component of State Disability Insurance (SDI) program. Unlike SDI, however, which partially covers employee wage loss due to a personal disability, injury, or pregnancy, Paid Family Leave Insurance partially covers employee wage loss for individuals who need to care for a seriously ill family member or bond with a new child. Benefits are available for a maximum of six (6) weeks in a twelve (12) month period. Paid Family Leave and SDI are both administered by the state Employment Development Division -Department (EDD) and funded entirely by mandatory, payroll deductions. Section 10. Pregnancy Disability Leave: An employee is eligible for ' 44`= -&four months of unpaid leave fer--a- ne maawhile disabled from working due to pregnancy, childbirth or related medical condition when there is certification by a physician that there is a disability due to the pregnancy, childbirth, or related medical condition. (a) During the pregnancy disability leave time, paid leave may be charged to accrued benefit time such as vacation, administrative leave and floating holidays, at the employee's request. In addition, accrued sick leave may be used at the employee's request, in accordance with Section 3. (b) Health insurance benefits shall continue for the duration of the pregnancy disability leave under the same conditions as if the employee had continued employment. If the employee fails to return to work after the period of leave to which the employee is entitled has expired, the City is entitled to recover the premiums paid on behalf of the employee for maintaining coverage,.- unless the employee does not return because the employee is taking leave under the CFRA or because of the continuation recurrence or onset of a health condition that entitles the employee to leave under the CFRA or other circumstances beyond the employee's control. (b) --{c}-The City Manager may require the employee to file a physician's certificate or personal affidavit and to provide reasonable notice of the date the leave will begin and the estimated duration of the leave. 54 to return to duty, the emplovee will be reinstated to her original or an equivalent position, unless it was eliminated for a legitimate business reason during the leave. If the employee's original position is no longer available the employee will be assigned to an open position that is position. the City will initiate an interactive process with the employee in order to identify a potential reasonable accommodation. An employee who fails to return to work after the termination of her leave loses their reinstatement rights. Section 11. Election Leave: If a full: -time employee does not have sufficient time outside of working hours to vote at a statewide election, the employeevoter may, without loss of pay, take off enough working time; which when added to the votingtime available outside of w•^long hours will enable the voter to vote; provided that in no event shall an employee receive more than two (2) hours of paid election leave. Regular part—time employees are eligible for election leave based upon hours scheduled to work. No more than twe (m hours ^f the tame taken Off fGF .^+in^ shall be without joss of pay The time off for voting shall be only at the beginning or end of the regular work shift, whichever results in allows foo the greatest f•^^ torn^ for voting and the least time off from the regular working shift, unless otherwise mutually agreed upon. The employee shall give the supervisor at least two working days' notice that time off for voting is desired. Section 12. School Visit Leave: Full—time and regular part—time employees are permitted to use up to forty (40) hours of leave for the purpose of participating in their children's school activities. Vacation or Floating Holiday Leave must be used for this purpose, and the request for time off cannot exceed eight (8) hours in any calendar month. In the event the employee has exhausted all accrued vacation leave and floating holiday hours, leave without pay may be taken for this purpose and all hour restrictions apply. Section 13. Leave of Absence Without Pay: The City Manager may grant a regular employee a leave of absence without pay for a period not to exceed one (1) year. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. Approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the classification held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable 55 time after notice to return to duty Ma_v shall -be cause for disciplinary action up to and including terminationdissharge. Such leave of absence shall not be counted as a break in service for purposes of satisfying the continuous employment requirement for vacation allowance. (a) Department Directors may grant an employee leave of absence without pay for a period not to exceed one (1) calendar week. Such leaves shall be reported to the City Manager. (b) An employee on leave of absence without pay does not accrue sick leave, vacation time, or receive benefits while on leave. Such employee does not lose or forfeit any sick leave or unpaid vacation time that had been accumulated prior to the time being granted. The employee shall pay for his or her own health benefits during this leave period and will not receive the monthly benefit allotment contribution made by the City. Section 14. Military Leave: Military leave shall be granted to City employees in accordance with the provisions of current federal and state law. An employee requesting leave for this purpose shall provide the Department Director with a copy of the military orders specifying the dates, site and purpose of the activity schedule to accommodate the request for leave. Section 15. Political Leave:-- Political leave mayshatt be granted to any employee who is declared a candidate for public office subject to the provisions of Section 13: Leave of Absence Without Pay. Section 16. Leave for Victims of Violence: An emplovee who has been a victim of a violent crime or domestic violence may take time off to: 1) appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; 2) seek medical or psychological assistance; or 3) participate in safety planning to protect against further assaults. An affected emplovee must aive the Citv reasonable notice that he or she is required to be absent for a purpose stated above. In cases of unscheduled or emergency court appearances or other emergency circumstances, the affected employee must, within a reasonable time after the appearance, provide the City with written proof that the absence was required for any of the above reasons. Leave under this section is unpaid unless the emplovee uses vacation or accrued time off 56 Section 1 Section 2 Holidays Observed: as follows: RULE XIII HOLIDAYS The City-Gf-Biamead- 's observed paid holidays are 1. New Year's Day (January 1) 2. President's Day (observed the third Monday in February) 1 Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed the first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) 11. Sj*teen-Eiahteen (168) Floating Holiday Hours Holidays which fall on Saturday shall be observed the preceding Friday and holidays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. If an observed holiday falls on a nine schedule, those employees on the 9/80 holiday pay and those employees on a eight (8) hours of holiday pay. 9) hour work day under the 9/80 work schedule shall receive nine (9) hours of traditional work schedule shall receive N work day under the 9/80 work If an observed holiday falls on an eight (8) our schedule, those employees on the 9/80 schedule shall receive eight (8) hours of holiday pay and those employees on the traditional work schedule shall receive eight (8) hours of holiday pay. Floating Holidays: (a) Each full—time employee is allowed sixteen eighteen (168) hours floating holiday per calendaryear, January through December. Regular part—time employees are allowed prorated floating holiday hours per calendar year, January through December based upon hours scheduled to work. (b) Floating Holiday hours are not cumulative and must be used during the above period or said employee will lose the allocated hours. (c) Each employee must submit a request in advance, and approval must be given by the employee's supervisor and Department Director. ryA (d) An employee is eligible to use floating holiday hours as they are allocated. (e) Floating Holiday hours may be used in lieu of sick leave only if all other benefit time has been exhausted. Section 3. Eligibility for Holidays: All employees are eligible for holidays_pay except the following: (a) Seasonal and 4intermittent temporary Part—time employees. (b) Temporary employees. Section 4. Prorated Holiday Pay: Regular part—time employees shall receive prorated pay for any holiday on which they are scheduled to work. 58 RULE XIV CHANGES IN EMPLOYMENT STATUS Section 1. Transfer: An employee may be transferred by the City Manager at any time from one position to another position in the same or comparable class. A comparable class is one with essentially the same maximum salary limits, involves the performance of similar duties and requires substantially the same basic qualifications. If the transfer involves a Ghange fmrn the jurisdiGtion. Of !'..un it orders the transfer for PUFPGSeS of eGGROMY or effigy. e Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in these Rules. No person shall be transferred to a position for which he/she does not possess the minimum qualifications. Section 2. Promotion: When practicable and consistent with the best interests of the City, vacancies in the competitive service may be filled by promotion from within the competitive service. All candidates for promotion must meet the minimum qualifications identified by the appointing authority. If, in the opinion of the City Manageror designee, a vacancy in the position could be filled better by an open, competitive examination instead of a promotional appointment, he/she shall arrange for an open competitive examination and for the preparation and certification of an eligibility list. Section 3. Demotion: The appointing authority may demote an employee whose performance ofab4Ry4G-pe4efm his/her required duties falls below standard or a regular employee for disciplinary cause. No employee shall be demoted to a position for which he/she does not possess the minimum qualifications. Such action shall be subject to the City's personnel provision on discipline and to the right of appeal. Section 4. Suspension: The appointing authority may suspend an at -will employee at any time or a regular employee for cause. Section 5. Reclassification: The appointing authority may request a reclassifyication study of a position from one class to another if there has been a gradual accretion or reduction of duties and/or responsibilities nvpr time. 1I RULE XV SEPARATION FROM EMPLOYMENT Section 1. Job Abandonment: An employee is deemed to have resigned if the employee is absent for three (3) consecutive workdays without prior authorization and without notification during the period of absence. On the second working day of unauthorized absence, the supervisor shall send an e-mail telegram or overnight letter to the employee's last known address or call the home and personal cell phone number of the employee and leave a message informing the employee that if the employee fails to report to work within one (1) workday, or receive authorization for such absence, the employee will be termination. Employees separated from employment for job abandonment will be reinstated with such charge removed from the employee's record upon presentation of justification for absence such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. Employees have no right toe vel if deemed to have resigned as a result of job abandonment. Section 2. Discharge: An at -will employee may be discharged at any time without cause or right of appeal. An employee in the competitive service may be discharged for cause (as described in Rule XVIII, Section 2) at any time by the Department Director or City Manager. Any employee in the competitive service who has been discharged is entitled to rights provided in Rule XVII. Section 3. Lav -off: The City Manager may lay off as employees in the competitive service because of change in duties or organization or shortage of work or funds. The City Manager will designate classifications from which layoffs shall or will be made. (a) Notification: Employees to be laid off shall be given, whenever possible, at least ten (10) calendar days prior notice. (b) Order of Layoff: Employees shall be laid off in the inverse order of their seniority in their classification in the department, Seniority shall be determined based upon date of hire in the classification and higher classifications in the department. A lay off out of the inverse order of seniority may be made if, in the City's judgment, retention of special job skills a%is required. Within each class designated for layoff, employees shall be laid off in the following order, unless special skills are required: temporary, intermittent and seasonal part-time, part—time hired after October 18, 2005, probationary, part—time regular, full—time regular. In cases where there are two or more employees in the classification in the department from which the lay-e#flayoff is to be made who have the r: same seniority date, such employees shall be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least thirty (30) days and no more than twelve (12) months prior to lay off, in the following orderers-feilews: (1) First aAll employees having ratings of "Needs Improvement" or "Does Not Meet Expectations;" 0) (2) Sesend All employees having ratings of "Meets Expectations;" MLgLT#ifd; aAll employees having ratings of "Consistently Exceeds Expectations" or "Frequently Meets and Exceeds Expectations." (c) Re-employment Rights for Laid -off Employees: Regular employees, who have received a satisfactory or better evaluation for the twelve (12) months prior to lay off, have completed their probationary period and who have been laid off shall be automatically placed on a re- employment list for one year for the classification from which they were laid off. Section 4. Resignation: An employee wishing to leave the sernpetitive se;v;seC employment in good standing shall file with the supeNis'Rg ^ffiGialDepartment Director or Division Manager at least ten (10) working days before leaving the service, a written resignation stating the effective date and reasons fQF leaving. Failure to give such notice shall mean the employee did not terminate in good standing, unless the City Manager has waived the two-week notice requirement. Failure to comply with this rule shall be entered on the service record of the employee and may cause for denying future employment by the City. A resignation becomes final when accepted by the City Manager and cannot be withdrawn. Section 5. Reinstatement: A regular employee who has resigned, or has otherwise been separated while in good standing, may for a period of two (2) years after resignation or separation be considered for reinstatement, upon recommendation of the Ddepartment #eadDirector and approval of the City Manager, to a position in the former employee's same or comparable classification or a lesser classification for a peFied of two im yeaFs aft. r resignation OF separation provided such a position is vacant and available. The employee shall be reinstated to the salary range and step held at the time of resignation or separation and shall receive a new anniversary date which shall be the first date of employment upon reinstatement. The employee will serve a new probationary period. RULE XVI REPORTS AND RECORDS Section 1. General: The City maintains a personnel file on each employee. An employee's personnel file shall contain only material that is necessary and relevant to the administration of the City's personnel program. Personnel files are the property of the City, and access to the information they contain is restricted. Section 2. Notifying City of Changes in Personal Information: Each employee is responsible to topromptly te-notify the employee's supervisor and the. City Manager's designee of any changes in relevant personal information, includingbut notes to: Mailing address Telephone number Persons to contact in emergency Number and names of dependents Section 3. Location of Personnel Files: The personnel files will be kept secure and confidential by the persen-ass+gned the Human Resources Mana erf sEiee. Section 4. Medical Information: (al a= Separate Confidential Files. All medical information about an employee or applicant is kept separately and is treated as confidential, in accordance with federal and state law. (b) b. Information in Medical Files. The City will not obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act and Health Insurance Portability and Accountability Act. To enable the City to obtain certain medical information, the employee or applicant may need to sign an authorization for release of employee medical information. (c) �—Access to Medical Information. Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for City business reasons. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations. Section 5. References and Release of Information in Personnel Files: (a) -v-.—Public Information: Upon request, public information about its employees Records Act. The City will not disclose 62 the City will release to the as required by the Public personnel information that it considers would constitute an unwarranted invasion of personal privacy. (b) b --Reference Checks: All requests from outside the City for reference checks or verification of employment concerning any current or former employee must be referred to the City Manager's designee. Information will be released only if the employee signs an authorization for release of employment information, except that without such authorization, the following limited information will be provided: dates of employment, mob title and salary upon departure. Managers and supervisors should not provide information in response to requests for reference checks or verification of employment, unless specifically approved by the City Manager on a case-by-case basis. Section 6. Employee Access to Personnel File: (,"ns^eetion of Fj!p; An employee may inspect his or her own personnel fileatreasonable times and at reasonable intervals. An employee who wishes to review his or her file should contact the Citi, Manager's designe Human Resources Manager to arrange an appointment. The review must be done in the presence of a Human Resources staff member. Section 7. Destruction of Records: Personnel files -and -payroll records, c"'"..all be kept permanently. -Rrecords relating to personnel recruitment, including correspondence, applications, examinations, and reports may be destroyed after five (v) years. (Refi9FeRGe: Reoe—r -s R^*P^';^^ c^h d e in accordance with the City's Records Retention Schedule maintained by the City Clerk's Office. 63 RULE XVII GRIEVANCE PROCEDURES Section 1. Definition: (a) Grievance: Except as otherwise excluded, a "grievance" is a written allegation by an employee, submitted as herein specified, claiming violation(s) of the speGifiG expFess terms of the -these Peel Rules an�'a �P^^ 01 -and for which there is no other specific method of review provided by City law. Disputes concerning the applicability of the Grievance Procedure that persist through the third level of .review shall be submitted for determination by a court, unless the grievant and the City agree otherwise. (b) Grievant: A grievant is an employee or group of employees adversely affected by an alleged violation of these Rulesant er e-mis;,S;^n of the G4y- (c) Day: A day is any day theC�agensy is open to the public, that isi.e. any day except Saturdays, Sundays, and legal holidays recognized by the City. (d) Exclusions: (1) 4 --The procedure is not to be used for the purpose of resolving complaints, requests or changes in wages, hours and working conditions. (2) 2. The procedure is not to be used to challenge the content of employee evaluations or performance reviews. (3) 3. The procedure is not to be used to challenge the decision to reclassify, layoff, deny reinstatement, or deny a step or merit increase to an employee. (3414)_4—This procedure is not to be used in cases of oral reprimand, written reprimand, reduction in pay, demotion, suspension, or termination. (4)(�L&.—This procedure is not to be used to challenge violation of law or past practice. (5) L6—. This procedure is not to be used to challenge examinations or appointment to positions. rr Section 2. Procedure: Step 1: Informal Discussion: The grievant shall discuss the grievance with his/her immediate supervisor on an informal basis in an effort to resolve the grievance. The grievance will be considered waived if not presented to the immediate supervisor within ten (10) working days following the day the event occurred upon which the grievance is based. The immediate supervisor shall respond within five (5) working days following the meeting with the grievant. Failure of the immediate supervisor to respond within such time limit shall entitle the grievant to process the grievance at the next step. Step 2: First Level of Review: If the grievance is not settled at Step 1, the grievant may submit the grievance in writing to his/her supervisor within five (5) working days of the receipt of the grievance response at Step 1 or if no response within five (5) working days of the time in which the supervisor was supposed to respond. Failure of the grievant to deliver the written grievance within this time period shall constitute a waiver of the grievance. The supervisor shall meet with the grievant and a written decision and statement of facts and issues shall be rendered to the grievant within ten (10) working days from the date of the written grievance. Failure of the supervisor to respond within such time limit shall entitle the grievant to process his/her grievance at the next level of review. Step 3: Department Director or Division Manager Review (Second Level): If the grievance is not settled at Step 2, the grievant may submit the grievance to the Department Director or Division Manager within five (5) working days of receipt of the Step 2 grievance response or if no response, within five (5) working days of the time in which the supervisor was supposed to respond. Failure of the grievant to deliver such written notice within that time period shall constitute a waiver of the grievance. The Ddepartment head Director shall meet with the grievant, and a written decision and statement of facts and issues shall be rendered to the grievant and representative, if any, within ten (10) working days from the date of service. Failure of the Department Director or Division Manager to respond within such time limit shall entitle the grievant to process the grievance at the next level of review. Step 4: City Manager Review (Final Level): If the grievance is not settled at Step 3, the grievant may serve written notice of the grievance to the City Manager within five (5) working days following receipt of the grievance response at Step 3 or if no response, within five (5) working days of the time in which the Department Director was supposed to respond. Failure of the grievant to serve such notice within that time period shall constitute a waiver of the grievance. The City Manager shall meet with the grievant and a written [" decision and statement of facts and issues shall be rendered to the grievant and representative, if any, within fifteen (15) working days from the date of service. The City Manager's decision shall be final. Section 3. Right of Grievant to Representation: The grievant has the right to be represented by any person or attorney he/she may select during the various stages of the grievance procedure. Section 4. Retaliation arisals: Employees shall be insured freedom from retaliationprisal for using the grievance procedure. MI RULE XVIII DISCIPLINE Section 1. Types of Disciplinary Action: Disciplinary actions range from informal counseling conversations to termination: provided, however, that counseling, oral warnings and written reprimands are not subject to the appeal procedures set forth in this Rule. Progressive discipline is the corrective process of applying penalties short of termination or long-term demotion or suspension where conduct is of a less serious nature and the employee has not repeatedly engaged in such conduct. The nature of such discipline should be appropriate to the conduct and need not begin with the least serious disciplinary action. Acceptance of the principle of progressive discipline does not limit the City's authority to take appropriate action including termination, demotion or suspension for serious offenses which cannot and will not be condoned. (a) Counseling: An informal discussion with an employee to clarify standards evaluate strengths and weaknesses or assist in clarifying and remedying a performance or behavior problem. The employee's supervisor shall make written record of the counseling for the employee and for their own supervisor's file. (ba) Oral Warning: A formal discussion with an employee, usually by the employee's immediate supervisor, about performance or conduct problems, the need for the employee to improve and what specific improvement is expected. The employee's supervisor shall make a written record of the warning for the employee and the employee's personnel file..- The employee may respond in writing to the oral warning within fourteen (14) days. The response will be placed in the personnel file with the oral warning. (cb) Written Reprimand: A formal written notice to the employee regarding performance or conduct problems, the need for the employee to improve and what specific improvement is expected. The written reprimand goes in the employee's personnel file with a copy to the employee. The employee may respond in writing to the written reprimand within fourteen (14) days. The response will be placed in the personnel file with the written reprimand. Ls) Suspension: Removal of an employee from duty without pay for a specified period. Led) Reduction in Pay: A reduction in pay from the employee's current step within a pay range to a lower step within that same pay range. (fe) Demotion: A reduction in status and salary from one classification to another classification having a lower salary range. :-YA Section 2. (g#) Dismissal or Discharge: Separation from employment of an employee for cause. Grounds for Disciplinary Action Involvina Reaular Employees: The following are examples of Performance or behavior that may result in disciplinary action. This listing is representative and does [JUL exhaust all ossible situations in which disciplinary action may be required. Grounds for discipline include, but are not limited to, the following: (a) Fraud in securing employment or making a false statement on an application for employment. (b) Incompetencey; i.e., the inability to comply with the minimum standard of an employee's position for a significant period of time. (c) Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of an employee within his/her position. (d) Willful disobedience or insubordination, a willful failure to submit to or comply with duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position or insulting or demeaning a supervisor or manager. (e) Dishonesty or theft. (t) Possession, distribution, sale, use, or being under the influence of or impaired from performance of duty because of alcohol or+Negal drugs nr narsetiss "controlled substances' while on duty or while operating a City vehicle or impaired from or potentially dangerous equipment leased or owned by the City. (g) Excessive absenteeism. (h) Inexcusable absence without leave. (i) Abuse of sick leave, i.e., taking sick leave without a doctor's certificate when one is required, or misuse of sick leave. (j) The conviction of either a misdemeanor or a felony related to the position held or commission of a crime of moral turpitude, mayw iU constitute grounds for disciplinary action up to and including termianationdosmissal of any e4ro4eyee. The record of conviction will be conclusive evidence of the fact that the conviction occurred. The City Manager may inquire into the circumstances surrounding the commission of the crime in order to support the degree of discipline. A plea or verdict of guilty, or a conviction showing a plea of nolo r: contendere, is deemed to be a conviction within the meaning of this Section. (k) Discourteous treatment of the public or other employees. (1) Improper or unauthorized use of agency property or funds. City property includes but is not limited to physical property, tools, equipment City communications systems or Information TechnologV systems City vehicles or intellectual property. (m) Refusal to subscribe to any oath or affirmation which is required by law in connection with Cityageney employment. (n) Any willful act or conduct undertaken in bad faith, either during or outside of duty hours, which is of such a nature that it causes discredit to the ageneyCity or to, the employee's department or division. (o) Inattention to duty or negligence in the care and handling of City property. (p) Violation of the rules and regulations of in -any department. (q) Mental or physical impairment which renders the employee unable to perform the essential functions of the job, with or without reasonable accommodation (if disabled), or without presenting a significant current risk of substantial harm/threat to the health and/or safety of self or others. (r) Outside employment not specifically authorized. (s) Acceptance from any source of a reward, gift, or other form of remuneration beyond the employee's addition to regular compensation to an ernpleyeeprk for the performance of his or her e#isia4igjb duties in violation of the policy stated in Rule XXII, Section E., (t) The refusal of any officer or employee of the City to testify under oath before any Grand Jury having jurisdiction over any then pending cause of inquiry into the conduct of City affairs. w hiGh the investigation of government h 'h yOF FniSG0ndHGtin amu^ � ooff'n involved shall v cnRs +'+ + of'+ IF SLIff + a immediated f +h d6SGhaFge of c oh ,+ Off;G8F er employee. (u) Willful violation of any of the provisions of an ordinance, resolution, rule, regulation or policy prescribed by the depart eaent er City. (v) Improper political activity as described in Rule III, Section 3. 69 and/OF dwFing working hOLIFS OF *R City UR*fGFFn Gn OF Off GILAY; or the during working heurs 3F OR URifOFFn. (w) Working overtime without express prior authorization from an authorized supervisor. (x) Unauthorized use, gpossession conveyance or storage of weapons, firearms, or explosives on Cityageasy property, 'e��. (y) Making false or malicious statements concerning any employee, the City, or the City's policies or practices. (z) Altering falsifying or tampering with time records or recording time on another employee's time record. (aa) Falsifying any City record. (bb) Disclosure of confidential information to any unauthorized person or entit . (cc) Stealing sabotage willful damage abuse or destruction of City Property, tools or equipment or the property or equipment of a supplier, customer or another employee or failure to report any of the above, including removal of City property or the property of others without proper authorization. (dd) The use of abusive or threatening language toward fellow employees supervisors suppliers customers or citizens. (ee) Fighting coercing interfering with or threatening bodily iniury to other employees supervisors suppliers customers or citizens. R Unauthorized sleeping during assigned working hours. (qq) Failure to observe City working hour schedule(s), starting times) quitting time(s) rest and meal periods. (hh) Sexual or discriminatory harassment. (ii) Job abandonment (workdays absent from duty without supervisory notification). Violation of any law, statute or ordinance. 70 kk Inappropriate use of the intranet internet or e-mail in accordance with the City's Information Systems Usage Policy. (II) Inappropriate attire (mm) Taking City vehicles/equipment home for personal use. (nn) A suspension revocation cancellation or disqualification of a driver's license when a driver's license Is reaulred for the position. (oo) Failure to report an industrial iniury or vehicle accident while on City time. Section 3. Procedures for Taking Disciplinary Action: A Department Director may place an employee on administrative leave with pay pending a potential discipllnau- action with the City Manager's approval (1) when the Department Director •._____ ______,.,...41M.. u.nrL m#o rm iIrl have by pthe, investigation. appropriate disciplinary action including and up to termination may be taken in accordance with these procedures. (a) Oral Warning: Following a formal discussion, a supervisor or manager may -will summarize the oral warning, provide the summary to the employee and place it in the employee's department and official personnel file. the oFal waMing was given Fnust be kept by the The employee may within fourteen (14) days of receipt of the oral warning file a written response for placement in the personnel file. (b) Written Reprimand: A written reprimand will be prepared, discussed with and given to the employee. A copy will be given to the employee and placed in the employee's official personnel file. The employee may within fourteen (14) days of receipt of the written reprimand file a written response for placement in the personnel file. (c) Suspension/Reduction in Pay/Demotion/Dismissal of Regular Employees: (1) Notice of Proposed Discipline: Whenever the appropriate authority intends to suspend an employee, reduce the employee in pay, demote the employee or dismiss the employee, the appropriate authority will give the employee a written notice of proposed discipline which sets forth the following: a. The disciplinary action +ntendedbeina proposed; 71 b. The specific charges upon which the action is based; C. A summary of the facts upon which the charges are based; d. Identification of the—all rules, regulations, or policies allegedly y -violated; e. A copy of all documents upon which the discipline is based, oF netine that the employe may Fequest and well be given such information; f. _Notice of the employee's right to respond to the charges either orally or in writing to the appropriate authority; The date, time and person before whom the employee may respond; orally, or the due date for any written response.; Notice that failure to respond at the time specified will constitute a waiver of the right to respond prior to final discipline being imposed; The employee's right to representation. (2) Response by Employee: The employee will have the right to respond to the appropriate authority orally or in writing within five L�Lworking days. The employee will have a right to be represented at any meeting set by the appropriate authority to hear the employee's response. in the ease of s a edUGt*oa in pay, demotion r thin ^^a� Tthe employee's response will be considered before final action is taken. (3) Final Notice: After receipt and consideration of the employee'sthe response or the expiration of the employee's time to respond, to the nie+i^e of ornaased Di^aiaeae the appointing authority or designee will: (1) dismiss the proposed discipline and take no disciplinary action against the employee, (2) modify the recommended disciplinary action, or (3) uphold the recommended disciplinary action„ef443The appointing authority shall therefore -prepare and serve upon the employee a Final Notice of Disciplinary Action. The Final Notice of Disciplinary Action will include the following: a. The disciplinary action taken i, f any; 72 b. The effective date of the disciplinary action; C. Specific charges upon which the action is based; d. A summary of the facts upon which the charges are based; e. The written documents upon which the disciplinary action is based; 49-f. A response to whatever presentation was submitted by the employee: f:g_The employee's right to appeal. Section 4. Appeal Rights: A regular employee will have the right to appeal a suspension, reduction in pay, demotion, or dismissal. Section 5. Method of Appeal: Appeals shall be in writing, signed by the employee (appellant), and filed with the City Manager within five (5) working days after receipt of the #Final +4Notice of Disciplinary Action. The appeal shall be a written statement, addressed to the City Manager admitting or denying each of the charges in the final notice and reasons why the final action should be reversed or modified. The formality of a legal pleading is not required. Section 6. Notice: Upon the filing of an appeal, the City Manager shall set a date for a hearing_^n'o-, 4e appeal—.The City shall notify all interested parties of the date, time and place of the hearing at such place as the City Manager shall prescribe. Section 7. Subpoenas: Subpoenas for witnesses to appear or for documents shall be issued only upon receipt by the City Manager of a written request thereof or, setting forth the names and addresses of the witnesses desired to be subpoenaed. Section 8. Subpoenas - Issuance: Subpoenas for witnesses or documents shall be issued only at direction of the City Manager. Section 9. Hearings: The appellant shall appear personally, unless physically unable to do so, before the City Manager, at the time and place of the hearing and may be represented by any person(s) or attorney(s) he/she may select and may, at the hearing, produce on his/her behalf, relevant oral and/or documentary evidence. At the commencement of any such Hearing, or at any time prior to the commencement thereof, the City Manager may specify the order of procedure 73 for any such hearing. Except as otherwise directed, the order of procedure for any such hearing shall be as follows: (a) The Department Director or officer having appointing power shall be designated the respondent for the purpose of the hearing. The respondent shall present testimony or evidence in support of the statement of charges against the employee. Such evidence may be presented in the form of oral testimony, documents or demonstrative evidence. The employee shall have the right of cross examination of witnesses. (b) The employee challenging the disciplin by OF °^F WhGF, S U^" hearing was meted shall be designated the appellant for the purpose of a hearing. Upon completion of the respondent's initial presentations the appellant shall be accorded an opportunity to present testimony documents or administrative evidence in answer to the statement of charges against him/her. Respondent shall have the right to cross- examine witnesses. (c) The respondent and appellant may then offer rebuttal evidence only, unless the City Manager permits additional evidence to be presented. (d) At the conclusion of the hearing, the City Manager may permit arguments to be made. (e) The conduct and decorum of the hearing shall be under the control of the City Manager, with due regard to the rights and privileges of the parties appearing. Hearings need not be conducted according to technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. (f) Oral evidence shall be taken only upon oath or affirmation of the witness. (g) Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. (ih) The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. 74 6i) Irrelevant and unduly repetitious evidence may be excluded. N) During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. (Lk) Queen of PreGf-*.—In a disciplinary appeal the employer has the burden of proof by preponderance of the evidence. (4nl) c faras ..Hearings and continuances thereof, shall be scheduled and granted to accommodate a fair hearingas-many-pefsens diFeGtly inteFested as possible, but shall not result in undue delay and such scheduling shall remain nevertheless sh.^!! tie within the reasonableabsetute discretion of the City Manager. OF City -Geonsi4 (m) The City will provide either a court reporter or another means of recording the hearing. Section 10. Findings and Recommendations: The City Manager shall, within twenty (20) days after the conclusion of the hearing, certify his/her findings and decision in writing to the appellant and to the respondent. This shall be the final administrative decision. The decision shall he final 75 RULE XIX PERFORMANCE EVALUATIONS AND ANNUAL WORK PLANS the process of d recording Section 1. General: Performance evaluation he performance of each employee!sThe performance evlaluat on is best used (a) —To maintain a high level of efficiency or assist in raising efficiency by commending the employee. (b) To te to the employee those ch he/she shows —weak perfordmaproperpoints hl nce, and suggest the meansof raising his/her working performance to the standard level. (c) 3—To inform the employee of good performance. (d) To encourage better working relationships and mutual understanding by letting the employee know where he/she stands with relation to his/her supervisor's evaluation of his/her work. (e) To establish an annual work plan consisting of goals and tasks to be accomplished. Section 2. Responsibility for Evaluation: The Department Director or Division Manager, together with other supervisors familiar with the employee's work, is responsible for proper preparation of the performance evaluation for each _ employee in that department. The supervisor should carefully review the complete class description, and the goals and objectives for the employee, if any, before beginning each evaluation, to remind himself/herself of what should be expected from the employee, consider each item on the evaluation sheet separately in the light of the column definition, and select the column which best describes the work of the employee in each category. Section 3. Discussion with Employee: The performance evaluation must be discussed with the employee. During the interview, as well as on the form, special attention should be given to discussing specific ways in which the employee opportunitycan improve his/her performance. An employee to comment and bring up any quest ons he or she ay affhaove. the Section 4. Schedule: Performance evaluations for probationary employees are to be prepared at the end of the first five (5) months, and after the first eleven (11) months, immediately prior to the completion of the one year probationary period. After the probationary evaluation, an evaluation should be done on an annual basis on the employee's anniversary date. Performance evaluation for employees who are already at the top of their salary range shall continue to be prepared on the employee's anniversary date. This will provide a continuing opportunity for the employee and supervisor to review their annual work plan. 76 Section 5. Appeal Procedure: It is the intent of the City to offerfair and equitable appeals procedures for employees' performance evaluations. Below are the official guidelines. (a) Employee and supervisor meet to review and discuss the employee's performance evaluation. (b) The employee may respond in writing to the contents of the evaluation. The employee must submit this response to the Department Director or Division Manager within ten (10) working days immediately following receipt of the evaluation. (c) The employee may appeal the performance evaluation to the City Manager. The City Manager shall review the appeal with the employee and the Department Director or Division Manager. The decision shall be rendered in writing within fifteen (15) working days by the City Manager, and the decision of the City Manager shall be final. 77 RULE XX VEHICLE USE Section 1. Use of Private Vehicles: Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Service. Payments shall be based upon the most direct route to and from the destination and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. Section 2. Auto Allowance: Executive and Management Employees and Members of the City Council will receive a monthly car allowance. This stipend will be in lieu of any mileage reimbursement. If additional garage and parking expenses are incurred, they are reimbursable. Employees receiving a monthly auto allowance are eligible for mileage reimbursement in cases of exceptional travel. Exceptional travel is mileage which is in excess of sixty (60) miles beyond the employees' normal commute. Section 3 Use of City Vehicles for Rest or Meal Breaks The use of City vehicles shall be limited to official City business and employees are prohibited from using a City vehicle to travel to business establishments to conduct personal business 'e bank post office etc) activities (e.g. use of a private gym, etc.) or errands (e.g. shopping dry cleaner, etc) or to travel to a private residence during rest or meal breaks Employees may utilize a City vehicle to patronize restaurants and food establishments in the City while in transit or in close Proximity to the work site for the purpose of purchasing food and beverages and for restroom facility use Such use of a City vehicle shall constitute an official rest and/or meal break with travel time included. 79 RULE XXI PROFESSIONAL DEVELOPMENT Section 1. Training: The City Manager and employees of the City are eligible to request specialized training in the form of a symposiums, special courses, forums, etc., at the City's expense. All training is subject to approval based on available fundin . Section 2. Tuition Reimbursement: Subject to Council fiscal year budget authorization, each full-time and regular part-time (on a pro -rated basis) employee shall be entitled to reimbursement in the amount of up to maximum of $1500 per fiscal year for college --level or university _level educational courses (including tuition and related books); which have been approved by the City Manager or his/he designee as being job-related and of value to the City. Reimbursement under this Section is contingent upon the -verification of the -attainment of a letter grade of "C" or better, or in those cases where no letter grade is given, verification of completion of the course with a "Pass' or Credit" grade and submittal of a receipt for registration bearing the name of the course; for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course,; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the bookmust-hall be submitted. Section 3 Computer Loan Program: Regular Full-time and part-time employees can receive loans DeiwCen peol, any - computer, a printer, and/or city compatible software so employees can gain experience by working with a Personal computer away from the office and outside of regular business hours. GUVCID.7V/u Vi ", e ui ment/software being purchased The employee pays the remaining — 10% of the purchase price at the time of purchase. Loans are made on a first-come first-served basis based }ha amnlnvPP loans has been obligated the fund will be replenishes tnrougn —payroll deductions from outstanding loans. New loans will then be made 79 deductions on a biweekly basis. RULE XXII EMPLOYEE STANDARDS OF CONDUCT Section 1. Code of Ethics: (a)__a-.-Each Citv officer, official, and employee has an obligation to the citizens, to the people's elected representatives, and to fellow employees to meet the highest ethical and professional standards and to enhance the public's respect and trust for the City government and its operations. (b) I --Employees of the City have responsibilities unique from their counterparts in the private industry. Employment with the City carries an obligation of personal integrity and conduct that serves to establish public respect, confidence, and trust. (cl s. -Each employee s -represents the City of Diarnand Sar and the quality of City service is judged through their-iob performance and 80 conduct. The citizens of Diamond Bar have the right to expect that City employees will provide services in an efficient, thorough, and courteous manner. fd) The City, as a condition of employment, expects to receive from the employee: (1) Initiative and a conscientious effort to perform productive work. (2) Cooperative, positive, responsive, and courteous relations with fellow employees, supervisors, subordinates, and the public. (3) A continuous effort to strive for greater knowledge and skill on the job in order to maintain performance at a high level. (4) Compliance with all policies, regulations, rules of conduct, and ordinances established by the City. (5) Public loyalty to and support of the official policies of the City. (6) Responsible work habits demonstrated by: a. Dependability, promptness, reliable attendance, and performing required duties competently, b. Keeping informed of developments and matters affecting job performance, C. Being flexible and adaptable to change, d. Accepting constructive suggestions and criticism. (607 —Neat and clean grooming and attire appropriate to the job assignment. Prescribed uniforms and safety equipment must be worn where applieablere wired. (e) No employee will accept a fee, compensation, gift, payment of expenses or any other thing of monetary value outside of a City salary and benefits in exchange for the performance of the employee's work duties or in any circumstances in which acceptance may result in or create the appearance of any one or more of the following: yRefeFenee (1) Use of public office and/or employment for personal or private gain. (2) Preferential treatment of any person. 81 (3) Loss of complete independence or impartiality. (4) Making a City decision outside of official channels. (5) Reduction of public confidence in the integrity of City government and/or its employees. (6) Impeding government efficiency or economy. . • . =_ r"rr►nrsrzirnr�_1=92 � aWea+xraW.W."X_117rrM1 (a) a --Purpose: _The City of Biamend Rar is committed to providing a work envitonment free of discriminatory harassment. The purpose of this policy is to define discriminatory harassment including sexual harassment, to prohibit the condoning or perpetuating of such conduct and to provide an efficient means for reporting and resolving complaints of harassment by or against any employee or applicant or from a person providing services pursuant to a contract. This policy also applies to elected and appointed officials. (b) �—General Policy: _The City's policy strictly prohibits discriminatory harassment on the basis of rase, religion, sex aF gender, saxwal orwentnfign, natiGne' 'n anGestry, physical or mental disability, medical condition, ,e+eren stn+„S marital statin or a koyer nm . eaFsany protected category listed in Rule III, Section 1. The City considers discriminatory harassment a serious offense and is firmly committed to the philosophy that every employee has the right to work in an environment free from discriminatory intimidation, ridicule and insult and to be treated with courtesy, dignity and respect. Every employee is expected to adhere to a standard of conduct that is respectful to all persons within the work environment. This Policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities and compensation. Employees who violate this Policy may be subject to disciplinary action up to and including termination. The sexual harasser may be found personally liable to the victim of the harassment. Sexual harassment is outside the course and scope of employment, meaning that an employee assused-effound liable for sexual harassment is not entitled to a defense or indemnity from the City in any action brought by the victim. 82 (c) 3. --Prohibited Conduct: _The City's policy prohibits the following types of conduct: (1) 3.—Harassment: Harassment is any type of verbal or physical conduct based on an employee's membership in a protected category, 6uGh as raGe, Feligion,d, GOIOF, national sexual orientation, MaFital status, sex, sexual tats status, joveF 40 yearsas defined in Rule III, Section 1; that is SUffiGiently severe or pewasive so as te-affects an employee's work performance negatively and/or alter the conditions of employment and create an intimidating, hostile or otherwise offensive working environment. It need not be explicit, or even specifically directed at the victim. Sexually harassing conduct can occur between people of the same or different genders. (2) 3.2Sexual Harassment: Sexual harassment is defined as follows: any action that constitutes an unwelcome sexual advance or request for sexual favors, or any verbal, visual or physical conduct of a sexual nature that is (i) related to or a condition to the receipt of employee benefits, including, but not limited to, hiring and advancement, (ii) related to or forms the basis for employment decisions affecting the employee, (iii) suff;siently severeOFpewasiveso as to an employee's work performance negatively and/or alter the conditions of employment and create an intimidating, hostile or otherwise offensive working environment. Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change; with the result that sexual conduct that was once welcome becomes unwelcome and harassing. Examples of the type of conduct that can constitute unlawful harassment or sexual harassment include, but are not limited to, the following: Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes based on aGtUal OF PeFGeived sex, F8Ii9iOUG GFeed, national eraeniaiien-protected cateaories as defined in Rule III, Section 1. This may include, but is not limited to, inappropriate comments regarding an individual's body, physical appearance, attire, sexual prowess, marital 83 status, pregnancy or sexual orientation; unwelcome flirting or propositions; demands for sexual favors; verbal abuse, threats or intimidation of a sexual nature; or sexist, patronizing or ridiculing statements that convey derogatory attitudes about a particular gender. Physical: Inappropriate or offensive touching, assault, or physical interference with free movement when directed at an individual on the basis of actual or perceived eriea#at♦en- rotected categories as defined in Rule III Section 1This may include, but is not limited to, kissing, patting, lingering or intimate touches, grabbing, massaging, pinching, leering, staring, unnecessarily brushing against or blocking another person, whistling or sexual gestures. Visual or Written: The display or circulation of offensive or derogatory visual or written material related to ' sdisability, qediGal__�� iiaFital status, age -GF -sex" rientatien rotected categories as defined in Rule III Section 1. This may include, but is not limited to, posters, cartoons, drawings, graffiti, reading materials, computer graphics or electronic media transmissions. Environmental: A work environment that is permeated with sexually - oriented talk, innuendo, insults or abuse not relevant to the subject matter of the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements. An environment may be hostile if unwelcome sexual behavior is directed specifically at an individual or if the individual merely witnesses unlawful harassment in his or her immediate surroundings. The determination of whether an environment is hostile is based on the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether whetherthe the conduct conduct unreasiating or onably ably physically threatening, , interferes with an individual's work. (d) 4—Provisions: (1) q�—Prohibited Supervisory or Manaoerial Behavior: No supervisor, manager, or other authority figure shall condition any employment, employee benefit, or continued employment with the city of Diarnand R'" on an applicant's or employee's 84 acquiescence to any of the behavior described in Section 3fir e above. No supervisor, manager, or other authority figure shall retaliate against any applicant, or employee, because that person has opposed a practice prohibited by this policy or has filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing GE)ndUGted by an authsrized investigator. (2) 4.2 Behavior Prohibited by all Persons: _No person in City Hall or any other City workplace shall create a hostile or offensive work environment for any other person by engaging in any discriminatory harassment or by tolerating it on the part of any employee. No person in City Hall or any other City workplace shall assist any individual in doing any act that constitutes discriminatory harassment against any City employee)f tr e City of Piafflop'd Bar. No person in City Hall or any other City workplace may retaliate against any employee because that person has opposed a practice prohibited by this policy or has filed a complaint, testified, assisted or participated in any manner in an investigation proceeding or hearing conducted by an authorized investigator. No person shall destroy evidence relevant to an investigation of harassment discrimination. (3) 4.3 Obligations of Supervisors/Managers: .Any supervisory staff members receiving a complaint of harassment, whether formal or informal or whether oral or written, or observing or otherwise being made aware of an incident of harassment, must inform the Human Resources Manager, Assistant City Manager for AdMOR ictr^F^,o R^^^^P.c or the City Manager of such complaint or incident. In accordance with California law, all supervisory or management employees will receive sexual harassment training every two years. A copy of this policy shall be provided to all City employees -of the City of Diamend -RaF. 85 The Human Resources office shall make available upon request information from the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission about filing claims of sexual harassment with these entities. (4) 4 4 Obligations of All Emoloyees: On an annual basis all employees will be required to review the harassment policy and sign a form which acknowledges that Ia they have read and understand the City---osn���r's harassment policy and complaint procedure. All employees should report any conduct, which fits the definition of discriminatory harassment, to their immediate supervisor or appropriate authority figure. This includes conduct of non- employees, such as sales representatives or service vendors or harassing conduct toward such contractors. All persons should report to their supervisor, manager or the Human Resources Manager any instances of discriminatory harassment that they have directly observed, whether or not reported by the employee who is the object of the harassment. All employees shall cooperate with any investigation of any alleged act of discriminatory harassment conducted by the City of Diamend Rn r or its agents. (5) 4�--Investigative Action: _The City Manager's designee shall authorize the investigation or conduct the investigation of any incident of alleged discriminatory harassment reported to them. The investigation shall be conducted in a way that ensures, to the extent feasible, the privacy of the parties involved. The person designated to investigate shall immediately report in writing the findings of fact to the City Manager's Designee. The designee will determine whether the Policy has been violated and communicate the conclusion to the complainant. E -R Disciplinary action shall be decided in accordance with these Rules and after consultation with the City Manager's designee. Under no circumstances shall an employee of the City—of oaf who believes that he or she has been the victim of discriminatory harassment be required to first report that harassment to a supervisor or other authority figure if that person or authority figure is the individual who has done the harassing. Under no circumstances shall a supervisor, manager, or other authority figure retaliate in any way against an employee who has made a complaint or who has provided information as a witness to an incident of alleged harassment. All supervisors and managers are required to maintain confidentiality to the extent possible in communicating or investigating any claims of alleged harassment. (e) 5 -.—Complaint Form: _The more time that passes after an incident of harassment, the more difficult it is to investigate. it is recommended that Csomplaints should be made as soon as possible. The initial report may be oral or written, but a written and signed statement will better assist in the investigation process. Your notification to the City is essential. The City cannot respond to a harassment problem if the problem is not brought to our attention. You may be assured that you will not be penalized in any way for reporting discriminatory harassment or other harassment problems. Complaint forms are available in Human Resources or a written statement can be submitted but must include the following information: (1) a. The employee's name, department and position title. (2) b. The name of the person or persons committing the harassment, including their title(s) if known. (3) G. The specific nature of the harassment, how long it has gone on, and any employment action (demotion, failure to promote, dismissal, refusal to hire, transfer, etc.) taken against the victim as a result of the harassment (if applicable), or any other threats made against the victim as a result of the harassment. (4) c1 --Witnesses to the harassment. 87 (5) e. Whether the victim previously has reported such harassment and, if so, when and to whom. rra All complaints will be investigated in accordance with procedures detailed in the Harassment Policy. The City respects the employees/individuals right of confidentiality however, disclosures may be done on a need to know basis. NAME: TITI P DEPARTMENT: TODAY'S DATE: DATE OF OCCURRENCE(S): Please identify the individual who is doing the harassing/discriminating. Include name(s) and job title(s): Please detail the behavior which you are reporting - including all individuals involved, location, time, and any witnesses. If there are multiple occurrences, detail each. Describe the incident, the participants, the background to the incident and any attempts you have made to solve the problem. Be specific, i.e. detail actions, not attitudes or opinions — "he/she put their right hand on my left shoulder; not "he/she makes me feel uncomfortable": Please identify others who are aware of this behavior and how they are aware: 89 City of Diamond Dar Harassment Complaint Form Page 2 Please identify and provide any written documents relevant to this complaint, i.e. diaries, journals, letters, emails, etc.: Are you aware of others who have similar complaints? Is there a suggestion for resolution for this matter and/or a desired outcome? Was this harassment previously reported? yes no If checked "yes" above, state when and to whom: Thank you for providing as detailed information as you are able. Please attach copies of relevant documentation. You may use additional paper if necessary. You will be informed in writing of the results of the investigation. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature of Complainant MM 10 91 0 OWN owri{r-471" 91 0 OWN iii 91 .., r..... ......... -- -- sz 93 94 95 'h'I't.. of all 54 1 It as fhr a> r > 5.4 2- T I henes and y a'I a intended 5.4.2- 5-4.2-- All telephonic; # s the property �vrrt�@��'Prr'cT'rT�-nT�P� Fetrieve and make proper and lawful tra '+td thh the . r'I ncmera aninemasystem. 5.4.4 VobGemail shall never he uised as A during work hours, G A G D al 4 II all maybe ad G 4.6- Teleahnne and Vo'a ail Etiquette rd--Q 8 1 All telephones t be answered fid-. �` � Greeting all hall tai elephn users to answer the telephones- r for business related purposes. of the Sit' The !"t.. has 3{- J�v'rY-'"n'o--`r�'6 use of aRy and all n substitute to anSWeFing a during as ftbreaks aer ork before the third r 'f the "Gity of Diamond Bar" or the h4 4 sat'nn V City telephone hours r enc o^hle "flenartmen+ or [);vmslonTT a.m.e-�voe.r .a. e- Ep ffm �M 97 (a) a., Purpose: _The purpose of this policy is to provide guidelines for all employees to deal effectively deal -with substance abuse and its effects in the workplace. Employees are expected to be in suitable mental and physical condition, perform their jobs satisfactorily, and behave appropriately. Should the use of alcohol or drugs interfere with these expectations, employees may be offered rehabilitative assistance. Failure to meet these expectations could result in disciplinary action. It is the City's policy that employees shall not be under the influence of or in unlawful possession of alcohol or other illegal drugs or controlled substances while on City property, at work locations, or while on duty either on City property or elsewhere; shall not utilize such substances when they are assigned to be on call for duty; shall not possess, provide or sell illegal drugs to any other employee or to any person while on M duty; nor have their ability to work impaired as a result of the use of alcohol or illegal drugs. While use of medically prescribed medications and drugs is not per se a violation of this policy, the employee must notify his/her supervisor, before beginning work, when taking medication or drugs (including the possible effects of taking such medication or drugs) which the employee believes may interfere with the safe and effective performance of duties or operation of equipment. In the event there are questions regarding an employee's ability to safely and effectively perform assigned duties while using such medication or drugs, clearance from their physician may be required. City employees are prohibited forrefrom drinking alcoholic beverages during working hours (including lunch hours and breaks), while on City premises at any time, while driving a City vehicle during regular working hours, while on official City business. The consumption of alcohol by City employees may be allowed only at designated City facilities, during certain special City functions and with prior authorization by the City Manager. In order to promote a safe, productive and efficient workplace the City has the right to search and inspect all City property, including but not limited to lockers storage areas furniture City vehicles and other laces under the common _.. ovnoctntinn of privacy in an systems. Employees with drug or alcohol problems are encouraged to seek assistance. Seeking assistance for such a problem before a positive drug and alcohol test will not jeopardize an employee's job. (c) -Employee Responsibilities An employee must: (11 i —Not report to work while impaired or "under the influence of drugs or alcohol''-' or controlled substance; NOTE: "Under the influence of drugs or alcohol" means: the use of any alcoholic beverage or any illegal drug or substance, or the misuse of any prescribed drug, in a manner and to a degree that impairs the employee's work performance or ability to use City property or equipment safely. 99 (2) 2 --Notify his/her supervisor, before beginning work, when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe and effective performance of duties or operation of City equipment. (3) 3 -.--Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours, rest periods, or at anyiimean time while on City property; (4) 4. —Not directly or through a third party sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on duty; (5) &---Immediately complete and sign a consent form (see drug testing prerequisite) and submit to an alcohol and drug test when requested to do so by the employee's supervisor or manager. (6) S ---Provide within 24 hours of request bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen/test is positive. The prescription must be in the employee's name. (6)M_7 -.-Report any conviction under a criminal drug statute to the City Manager within five (5) days of such conviction. (d) d --Procedure: When an employee's supervisor and a second employee or supervisor observe an employee's actions that lead them to reasonable individualized suspicion to believe that an employee may be under the influence of alcohol -and/or earsetissdru s ; and/or is exhibiting signs of impairment, that employee may be directed to a City designated medical evaluation. This medical evaluation will be conducted in order to determine if in fact that employee has evidence of alcohol and/or drugs in his/her system. Reasonable individualized suspicion" is based on objective factors, such as behavior, speech body odor, appearance, or other evidence work In order to receive authority to test the supervisor must record the factors that support reasonable suspicion and discuss the matter with the Human Resources Manager and Department Director. If there is a reasonable suspicion of drug or alcohol abuse at work the employee will be relieved from duty and placed on sick leave until the 100 test results are received. Reasonable suspicion may be justified by among other things, one or a combination of any of the following indicators: Bloodshot or watery eyes Slurred speech Alcohol on breath Physical and/or verbal altercation Inability to walk a straight line An accident involving City property or vehicle Possession of drugs or alcohol Frequent absenteeism Confusion/difficulty in concentration Noticeable change in behavior Drowsiness/Lethargy If reasonable individualized suspicion pertaining to the use of drugs and/or alcohol by an employee is determined during normal working hours, the following steps shall be followed to facilitate the medical evaluation process: Step 1: -The supervisor shall contact the Human Resources Office at the earliest available opportunity to discuss the event(s) which led to a belief that an employee acted intoxicated or impaired under the influence of drugs. At that time, it will be determined whether or not sufficient facts exist to indicate that drug or alcohol testing may be appropriated. If the evideeevidence exists for an immediate test, an appointment with a medical facility shall be made to conduct the test. The supervisor shall inform his/her dDepartment head Director of this situation. Refusal by an employee to submit immediately to an alcohol and/or drug analysis when directed to do so may constitute insubordination and may be grounds for discipline up to and including termination. The actual type of testing including possible urine or blood screens, will be determined by the 4, of theoF phvdnianMedical Review Officer (MRO.j, Step 2: -The supervisor, or his/her designee, shall personally drive the employee to the medical facility and wait for the test to be completed. Step 3: -The employee will then be transported home or, in appropriate situations, to a hospital as deemed necessary by the destorMRO. The employee will continue receiving pay during this time and disciplinary action will not be administered unless the test results are positive and confirmed. Information obtained through this testing will be treated with strict confidentiality. 101 Step 4: If the employee is found to have alcohol or drugs in his/her system, the supervisor shall meet with the employee to give the employee an opportunity to explain. The supervisor shall encourage the employee to seek professional assistance in dealing with any drug or alcohol problem. The employee's medical group may provide the needed drug/alcohol counseling. Also, the City can provide a referral for an employee who is seeking professional assistance in the matter. The City may require alcohol or drug screening following any work-related accident or any violation of safety precautions or .. _ -—...._. ........lt...d f fha QliN1V Y11v�• factors described above are present. Should an incident arise after normal work hours (i.e., overtime, official City business, etc.), the above procedures should be followed with the exception of contacting the Human Resources Office. The City's Ssubstance Abuse Prevention Policy of-tl�e-City-of g�ond-�aFis not intended to be, and shall not be, used as a iarr tool for harassing any employee or group of employees. When employees are required to submit to testing for suspected substance abuse, it shall be only for reasons set forth in this olic , (e) d --Documentation: Records pertaining to job performance, attendance, and behavior shall be maintained in the employee's personnel file. Records related to a drug or alcohol test or any medical diagnosis will be kept in a separate medical file. ff_)__�. -Disciplinary Action: The City views the use, possession, transfer, or sale of alcohol or drugs or controlled substance to be in violation of this policy a -very -6e Kws viotatien-and may subject the employee to disciplinary action up to termination in accordance with these Rules^i d ° ' o mel R I d D n y l bins. If an employee drug -tests show -a -positive resr4t-effor alcohol and/or drugs, including and -o to termination wMD2ay result. (g) -Follow Up: 102 _Should the results of an employee alcohol drug test be positive, the following steps shall occur: (1) 4—The dDepartment dDirector will have a discussion with Human Resources to determine the type of disciplinary action, if any, which would be most suitable or to evaluate an alternative to discipline. Should the results of the alcohol drug testing be negative: (1) 4—.The employee is free to return to the workplace and assume his/her regular job duties. (2) No further action will be taken. Section 7. Policy Against Retaliation (a) a. Polic : It is the policy of the City to prohibit the taking of any adverse employment action against those who in good faith report, oppose, or participate (as witnesses or accused) in investigations into complaints of alleged violations of City policy or state or Federal law in retaliation for that reporting, opposition, or participation. Disciplinary action, up to and including termination, will be taken against an employee or officer who is found to have violated this policy. Any elected official or contractor who violates thisolic o ., n � Retaliation will be subject to appropriate sanctions. (b) b ---Policy Coverage: This pRolicy Against Re`.a-lWiG" prohibits City officials, officers, employees, or contractors from retaliating against applicants, officers, officials, employees, or contractors because of any of the protected activity as defined herein. (c) s- Definitions: (1) .4-y—" Protected activity" includes any of the following: Filing a complaint with a federal or state enforcement or administrative agency. Participating in or cooperating with a federal or state enforcement agency. that is conducting an investigation of the City regarding alleged unlawful activity. Testifying as a party, witness, or accused regarding alleged unlawful activity. 103 Associating with another employee who is engaged in any of the protected activities enumerated here. Making or filing an internal complaint with the City regarding alleged unlawful activity. Providing informal notice to the City regarding alleged unlawful activity. (2) 2Y ---"Adverse action" includes any of the following: • Real or implied threats of intimidation to attempt or prevent an individual from reporting alleged wrongdoing or because of protected activity. • Refusing to hire an individual because of protected activity. • Denying promotion to an individual because of protected activity. • Taking any form of disciplinary action because of protected activity. • Issuing a poor evaluation because of protected activity. • Extending a probationary period because of protected activity. • Altering work schedules or work assignments because of protected activity. (d) d—Complaint Procedure: An applicant, employee, officer, official, or contractor who feels he or she has been retaliated against in violation of this Policy should immediately report the conduct according to the City's Harassment Complaint procedure so that the complaint can be resolved fairly and quickly. 104 Resolution No. 2016- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S PERSONNEL RULES AND REGULATIONS EFFECTIVE MARCH 2, 2016; AND REPEALING RESOLUTION NO. 2008-34- IN ITS ENTIRETY. WHEREAS, the City Council of the City of Diamond and Bar adopted o ttedd; and Resolution No. 2008-34 on August 19, 2008, approving WHEREAS, the purpose of the Personnel Rules and Regulations is to facilitate efficient and economical services to the public and to establish lawful procedures for dealing with personnel matters; and time to time to update the Personnel Rules and WHEREAS, it is necessary from Regulations; and s and Regulations do not create any contract of WHEREAS, the Personnel Rule employment, expressed or implied, or any rights in the nature of a contract; and WHEREAS, with the adoption of this Resolution, the Personnel Rules and Regulations attached hereto as Exhibit "A" will become effective March 2, 2016; NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar, that the Personnel Rules and Regulations attached hereto as Exhibit"A" are adopted and Resolution No. 2008-34 is repealed in its entirety. PASSED, APPROVED AND ADOPTED this day of March 2016. __._-_— Nancy A. Lyons, Mayor amond r, do hereby I, TOMMYE A. CRIBBINS, City Clerk of the City of adopted Baa regular meeting fy that the the foregoing Resolution was passed, app da of March 201 f by City Council of the City of Diamond Bar held on the Y the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar RULE I PURPOSE AND APPLICATION Section 1. Purpose: The purpose of the Rules and Regulations (hereafter, 'Rules") is to facilitate efficient and economical services to the public and to establish lawful procedures for dealing with personnel matters. Unless amended by a subsequent Resolution of the City Council the Rules set forth herein and the Personnel Ordinance shall govern the Personnel System for the City of Diamond Bar ("City"). Section 2. Application: These Rules apply to all employees of the City unless a specific rule or procedure indicates otherwise. Section 3. No Contract Created: These Rules do not create any contract of employment, express or implied, or any right in the nature of a contract. DEFINITION OF TERMS Unless the context indicates otherwise, the following terms, whenever used in these Rules, shall be defined as follows: Section 1. Advancement: A salary increase within the limits of the pay range established for the class. Section 2. Allocation: The assignment of a single position to its proper class in accordance with the duties performed, and the authority and responsibilities exercised. Section 3. Appointing Authority: The person having the authority to appoint or remove a person from City employment. This is the City Manager unless delegated to another employee or officer. Section 4. At -Will: All employment positions outside of the competitive service. Employees in at -will positions may be terminated at any time at the will of the Appointing Authority, without cause, and without the right of appeal. At -will positions are set forth in Chapter 2.20 of the City's Municipal Code: City Manager, Assistant City Manager, Deputy City Manager, Community Development Director, Community Services Director, City Engineer/Public Works Director, Finance Director, Information Systems Director, all Department Directors, , seasonal part-time employees, intermittent part-time employees, part-time employees hired after October 18, 2005, emergency employees and any employee scheduled to work less than 1,000 hours per year. Section 5. Bilingual Premium Pay Differential: A percentage of pay which will compensate the qualified employee for providing non-English language services as an essential part of his or her job. Section 6. City Manager: The City Manager and/or his or her designee.. Section 7. Class: All positions sufficiently similar in duties, authority, responsibility and working conditions to permit grouping under a common title and the application with equity of common standards of selection, transfer, promotion, and salary. Section 8. Competitive Service: All positions of employment in the service of the City except those excluded by Section 4 above. Section 9. Demotion: The movement of an employee from one class to another class having a lower maximum rate of pay. A demotion may be voluntary or involuntary. 2 Section 10. Domestic Partner: A domestic partnership is legally established in California when all of the following requirements are met: both persons file a Declaration of Domestic Partnership with the Secretary of State; both persons have a common residence; neither person is married to someone else or is a member of another domestic partnership with someone else that has not been terminated, dissolved, or adjudged a nullity; both persons are not related by blood in a way that would prevent them from being married to each other in another state; both persons are at least 18 years of age; both persons are capable of consenting to the domestic partnership; and either of the following apply: (a) both persons are members of the same sex; or (b) one or both of the persons are over the age of 62, and meet certain eligibility criteria pursuant to the Social Security Act. Section 11. Eligible: When used as a noun, means a person whose name is on an employment eligibility list. Section 12. Employment Eligibility List: A list of names of persons who have taken an open -competitive examination for a class in the competitive service and have qualified. Section 13. Examinations (a) Open -competitive examination: An examination for a particular class which is open to all persons meeting the qualifications for the class. (b) Promotional examination: An examination for a particular class which is only open to current City employees meeting the qualifications for the class. (c) Continuous examination: An open competitive examination which is administered periodically and as a result of which names are placed on an employment list, in order of final scores, for a period of not more than one (1) year. Section 14. Exempt: An employee not entitled to overtime compensation under the Fair Labor Standards Act. Section 15. Job Classifications: For the purposes of the City's Personnel System, each position title shall correspond in the City's Classification Plan to a number as reflected in the salary resolution. (a) Executive Management: Executive Management positions are classified as exempt employees that are at -will and are assigned as Department Directors and/or Deputy or Assistant City Managers. (b) Exempt Management: Management positions that are classified as exempt and are assigned as Division Managers. (c) Full-time Exempt: Various exempt supervisory, administrative, and professional positions. (d) Full-time Non -Exempt: Positions subject to overtime requirements and working 40 hours per week. (e) Hourly Benefited: Positions known as regular part-time or part-time working twelve (12) months per year and an average of twenty (20) or more hours per week on a year-round basis. Benefits are provided to regular part-time employees on a pro -rated basis. (f) Hourly Non -benefited: At -will positions also known as either seasonal or intermittent part-time. These employees are sometimes referred to as "Temporary". An hourly non -benefitted position is utilized no more than 999 hours per fiscal year and may be employed on a seasonal or intermittent basis. If an employee identified as intermittent or seasonal part-time works 1,000 hours or more in a fiscal year, he or she does not acquire regular employee status. Section 16. Layoff: The involuntary separation of a regular status employee or reduction to a position in a lower classification because the position is no longer needed or due to fiscal and/or operational reasons. Section 17. Personnel Ordinance: Chapter 2.20 of the City's Municipal Code. Section 18. Probationary Period: A working test period during which an employee is required to demonstrate his or her fitness for the duties to which he or she is appointed by actual performance of the duties of the position. The probationary period or initial period of employment is considered a part of the examination process and shall be utilized for closely observing the employee's work to determine the employee's fitness for the position. Section 19. Promotion: The movement of an employee from one class to another class having a higher maximum rate of pay and different job duties from the previous class. Section 20. Provisional Appointment: A temporary appointment of a person who possesses the minimum qualifications established for a particular class, and who has been appointed to a position in that class in the absence of available eligibles. This is sometimes referred to as an "Interim Appointment". Section 21. Reclassification: The change of a position from one class to another as a result of the gradual accretion or reduction of duties and/or responsibilities over time. Section 22. Regular Employee: An employee in the competitive service who has successfully completed his or her probationary period and has been retained as an employee. Section 23. Regular Part -Time EmploVee: An employee in the competitive service who has successfully completed his or her probationary period and is eligible for pro -rated benefits. Sometimes referred to as "Hourly Benefited". Section 24. Rejection: The separation of an employee from employment during the probationary period or examination process. Section 25. Reinstatement: The re-employment, without examination, of a former regular employee. Section 26. Temporary Employee: An at -will employee who has been appointed to a full- time or part-time position for a limited duration. Section 27. Transfer: A change of an employee from one position to another position in the same class or another class having the same maximum salary limits, involving the performance of similar duties and responsibilities and requiring the same qualifications. Section 28. Y Rate: Where an employee is moved to a different class with a lower salary range, and the employee retains his/her current salary until the salary of the new class has a maximum salary rate which is equal to or higher than the current salary. 5 Z ll Section 1. Discrimination Prohibited: No City employee or applicant for employment, volunteers, interns, City elected and appointed officials, members of City Commissions, Boards and Task Forces, contractors, consultants, and/or other non -employees doing business with or for the City shall be discriminated against in recruitment, examination, appointment, selection, training, promotion, retention, wages, benefits, discipline, or any other aspect of employment because of race, color, religion, national origin, ancestry, marital status, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), age, physical or mental disability, sexual orientation (including homosexuality, bisexuality, or heterosexuality), genetic characteristics or information, political or religious opinions or affiliations, union activities or affiliations, taking of FMLA or pregnancy disability leave, religious creed, medical condition, citizenship status, military and veteran status or any other characteristic protected by law. Individuals are protected from discrimination because of familial status or association with, an individual in any of the protected classifications listed above. Other forms of discrimination prohibited by this policy include retaliating against someone for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices. Employees who believe they have experienced any form of employment discrimination are encouraged to report this immediately, using the complaint procedure provided in Rule XXII, Section 5 of these Rules. Section 2. Nepotism Prohibited: (a) Relatives of those listed below may not be employed anywhere in the City organization: 1. City Council members; 2. Standing Board and Commission members; 3. Executive or Exempt Management Team Members of the City; 4. Employees of the City Manager's Department; 5. Employees of the Human Resources Division; 6. Employees of the Finance Department; or 7. Employees of the Information Systems Department. (b) The employment of a relative within the same department is prohibited when they: 1. Perform joint duties; 2. Share responsibility or authority; 3. Function in the same chain of command; and 4. Work on the same shift at the same work site. 6 (c) For business reasons of supervision, safety, security or morale, a relative may not directly supervise a relative. (d) For business reasons of supervision, safety, security or morale, the City may refuse to place relatives in the same department, division, or facility. (e) 'Relative" means child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother-in-law, sister-in-law, domestic partner, or other individual related by blood or marriage. (f) "Employee" means any person who receives a City paycheck and W-2 for services rendered to the City. (g) For business reasons of supervision, safety, security or morale, the City may enforce this Section 2 to address the post -City employment marriage of or establishment of a Domestic Partnership. (h) Exceptions to this section may be made by the City Manager. Any appeal of the enforcement of this section shall be to the City Manager. Section 3. Political Activity Prohibited: City employees shall not engage in political activities in violation of Government Code section 3201 et seq. The City prohibits: (1). Employees and officers from engaging in political activities during work hours; (2.) Political campaigning in City buildings or on premises adjacent to City buildings or while in City uniform; and (3.) An employee or officer from using his or her office to coerce or intimidate public employees to promote, propose, oppose, or contribute to any political cause or candidate. EXAMPLES OF PROHIBITED CONDUCT: City Employees shall not: 1. Participate in political activities of any kind while in uniform; 2. Participate in political activities during working hours; 3. Use city equipment to make political communications; 4. Solicit a political contribution, either directly or indirectly, from an officer or employee of the City, or from a person on a City employment list, with knowledge that the person from whom the contribution is solicited is a City officer or employee or job applicant; 5. Favor or otherwise discriminate against any employee because of political opinions or affiliations; 6. Interfere with any election; or 7. Attempt to trade job benefits for votes. 7 EXAMPLES OF PERMITTED CONDUCT: City Employees may: 1. Express opinions on all political subjects or candidates; 2. Become a candidate for any local, state, or national election; 3. Contribute to political campaigns; 4. Join and participate in the activities of political organizations; 5. Request, during off-duty time, political contributions, through the mail or other means, from City officers or employees if the solicitation is part of a solicitation made to a significant segment of the public which may include City officers or employees; 6. Solicit or receive, during off-duty time, political contributions from a City employee organization if the funds, when collected, were not earmarked for a clearly identifiable candidate for a federal, state or local office; or 7. Solicit or receive, during off-duty time, political funds or contributions to promote the passage or defeat of a ballot measure which would affect the rate of pay, hours of work, retirement, civil service, or other working conditions of City officers or employees. Section 4. Outside Employment: No employee may hold outside employment that is incompatible with his/her City employment. Each employee who holds any other position, in addition to City employment, shall complete a Request for Approval of Additional Employment form and return it to the Department Director for signature and then to the City Manager or designee for approval prior to accepting or commencing outside employment. New employees that already have outside employment, prior to starting a position with the City shall submit the form at the time of their pre-employment paperwork appointment with Human Resources staff. Section 5. Employee Duties: Employees are required to carry out the primary duties and responsibilities of their City employment. Section 6. Violation of Rules: Violation of any of these Rules shall be grounds for disciplinary action up to and including termination. Section 7. Amendment and Revision of Rules: Amendments and revisions to these Rules must be approved by the City Council. Section 8. Reasonable Accommodations: The City will strive to provide employment- related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act and the Americans with Disabilities Act except where it cause the City undue hardship. (a) Request for Accommodation: An employee who desires a reasonable accommodation in order to perform essential job functions should make such a request in writing to the Human Resources Division. The request must identify: a) the job-related functions at issue; and b) the desired accommodation(s). (b) Reasonable Documentation of Disability: Following receipt of the request, the Human Resources Department may require additional information, such as reasonable documentation of the existence of a disability from the employee's treating health care professional. (c) Fitness for Duty Examination: The City may require an employee to undergo a fitness for duty examination at the City's expense to determine whether the employee can perform the essential functions of the job with or without reasonable accommodation. The City may also require that a City -approved physician conduct the examination. (See Fitness for Duty policy in Rule VII, Section 9 of these Rules.) (d) Interactive Process Discussion: After receipt of reasonable documentation of disability and/or a fitness for duty report, the City's Human Resource Manager will arrange for a discussion, in person or via telephone conference call, with the applicant or employee, and his or her representative(s), if any. The purpose of the discussion is to work in good faith to consider fully all feasible potential reasonable accommodations. (e) Case -by -Case Determination: The City shall conduct an individualized assessment in accordance with applicable law, whether reasonable accommodation(s) can be made, and if so, the type of accommodation(s) to provide. The City does not need to provide accommodation(s) that would pose an undue hardship upon City, meaning it would cause the City to incur significant expense, impair City operations, or would endanger the health or safety of the employee or others. The City will inform the employee in writing of its decision as to reasonable accommodation(s). Section 9. Eligibility for Benefits: All full-time employees and designated regular part- time employees are eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and unemployment insurance within the City's group insurance carrier(s). The administrative cost thereof and a portion of the cost of the premiums will paid by the City after 30 days of employment. The City's cost share of the monthly premium contribution (benefit allotment) may be amended from time to time as reflected in the annual budget adopted by the City Council. Members of the City Council, management employees (Executive and Exempt), and employees defined as full-time exempt, will receive an additional $30 to be applied to premium costs. Dependents of employees are eligible to be covered under the employee's health, dental and vision insurance. if, In accordance with its contract with CaIPERS, the City will contribute the minimum amount required pursuant to Government Code Section 22892 (c) for qualifying retirees enrolled in a CalPERS health plan. IL Millis ! M` Section 1. Classification Plan: The City has established a classification plan. The plan consists of classes of positions in the City service defined by class specifications, including title, definition of the position, supervision received and exercised, a description of the duties and responsibilities of positions in each class, and the training, experience, and other qualifications to be required of applicants for positions in each class. The classification plan is maintained so that all positions substantially similar with respect to duties, responsibilities, authority, and character of work are included within the same class and allocated to the same schedules of compensation. Section 2. Adoption Amendment and Revision of Plan: The classification plan may be amended from time to time by resolution of the City Council. Section 3. New Positions: When a new position is created, the classification plan must be amended and an employment eligibility list established, unless the position is filled by a promotional appointment or position reclassification. Section 4. Classification Studies: Classification study requests shall be submitted by the Department Director to the Human Resources Division for review in order to determine if the duties and responsibilities of the position have substantively changed, have become inequitably aligned in relation to other classifications within the City service, and/or are otherwise incorrectly designated. Upon receiving approval from the City Manager, a classification study shall be conducted and the position may be reclassified to a more appropriate class, whether new or already created, at a higher or lower maximum salary level. After conducting a classification analysis of the position(s) authorized for study, the City Manager will recommend classification changes, if any, to the City Council for approval. Section 5. Qualifying Examination: A reclassification with a title change that results in a salary increase above the old classification may require of the incumbent a qualifying examination to determine whether the incumbent possesses the minimum qualifications for the new class. The method for the qualifying examination shall be determined by the appointing authority. An incumbent proposed for a reclassification who does not pass the qualifying examination shall retain his or her original title and class until such time as he or she does pass the qualifying examination. An employee whose position is being reclassified upward and who has previously passed the examination for the position within the last two years, and whose name appears on an employment eligibility list for such a position, need not take a qualifying examination. 11 Section 6. Upward Reclassification - In any case where a position is reclassified to a class with a salary range having a higher maximum salary rate, and the incumbent meets the qualification(s) requirement for the new class, and is in fact performing the full range of duties and responsibilities of that position, the effect of this action shall be as follows: (a) Effective Date: The effective date of a reclassification action shall normally coincide with the first working day of the first pay period following the date of City Manager approval. (b) Salary: The incumbent shall be entitled to the closest higher step within the new salary range that would provide a minimum of a 5% increase, but not to exceed the maximum of the range. (c) Merit Increase EligibilitV Date: The incumbent's eligibility date for the next merit increase shall be one year from the effective date of the reclassification. (d) Employee Status/Performance Review Date: A new probationary period is not required. The incumbent's date for the next performance review shall be set one year from the effective date of the upward reclassification. ere a sition Section 7. Dass with a salary (range having a I ower fication: In any case ma imumosalary'reclassified rate, the effect of this action shall be as follows: (a) Effective Date: The effective date of a reclassification action shall normally coincide with the first working day of the first pay period following the date of City Manager approval. (b) Salar : The incumbent shall either: (1) Retain current salary if current salary is the same as a step within the salary range of the new class; or (2) Be placed on the closest step within the salary range of the new class that approximates the current salary if the current salary is between steps within the new salary range; or (3) Be reduced to the maximum step of the salary range of the new class if current salary is greater than the maximum of the new salary range; or (4) Be assigned a "Y" rate designation that holds the incumbent at a current salary which is above the new range until such time as the salary rate of the new class is the same as or exceeds the 12 amount of the "Y" rate. Establishment of a "Y" rate is an administrative determination and requires approval of the Human Resources Manager and City Manager. (c) Employee Status/Performance Review Date: A new probationary period is not required. The incumbent's date for the next performance review shall be set one year from the effective date of the downward reclassification. IN �' n- I o , OL Section 1. Compensation Plan: The City has established a pay plan covering all classes of positions in the City service, showing the minimum and maximum rates of pay. Section 2. Amendment of Plan: The compensation plan may be amended from time to time by action of the City Council. Section 2a. Comprehensive Compensation Survey: A Comprehensive Compensation Survey will be conducted, as needed, but not less than every three (3) years to assure that the City's jobs are paid equitably against the labor market equal to the median of the survey. The Survey will utilize benchmark job classifications and include labor market comparisons of the established survey cities. Section 3. SalarV upon Initial Hire: Department Directors shall have the discretion to place the employee at the A, B, or C step of the salary range of the classification into which the employee is hired. An employee may be placed at any step beyond the C step of the salary range of the classification into which the employee is hired subject to the approval of the City Manager. Section 4. Merit Step Advancement: After six (6) months employment as a probationer an employee is eligible to advance to the next salary step if his or her performance evaluation shows performance of satisfactory or above and advancement is approved by the Department Director. Upon successful completion of twelve (12) months probationary employment and a satisfactory or above performance evaluation as approved by the Department Director, the employee will be eligible for advancement to the next salary step. Each year thereafter and with a satisfactory or above performance evaluation as approved by the Department Director, the employee will be eligible for advancement to the next salary step. Section 5. Merit Step Advancement for Intermittent Part-time Employees: A Part-time Intermittent Employee is eligible for a merit increase upon receipt of a satisfactory performance evaluation, provided that the employee has completed a minimum of one (1) full year of employment and five hundred (500) hours of work during the annual evaluation period. An employee that works less than five hundred (500) hours during an evaluation period shall be eligible for a step increase only upon reaching the second anniversary of hire date or last step increase, subject to a satisfactory performance evaluation. Section 6. Merit Step Increase if Evaluation is Untimely: If the employee is eligible for a step increase and an evaluation has not been completed, when the evaluation is completed, if it is satisfactory or above, the employee will receive the annual increase retroactively. Performance evaluation due dates will be tracked by 14 the Human Resources Division. A merit increase pending a performance evaluation may be given at the discretion of the City Manager provided that the overall rating of the employee's annual performance is satisfactory or above. Section 7. Merit Step Denial: When an employee has not demonstrated the minimum required satisfactory rating for performance on the job during the review period, the Department Director shall defer the salary step (merit) increase for a specified period of time that may extend to the next review date. During such deferment period, formal performance reviews shall be made at intervals determined by the Department Director with the concurrence of the Human Resources Manager. An employee whose salary step (merit) increase is withheld on his/her review date, but approved at a later date, shall have the effective date of the subsequent approval become the new review date for eligibility unless the Department Director and Human Resources Manager mutually agree on an earlier date. Part-time intermittent employees who have not worked the requisite number of hours on an annual basis shall have their merit increase deferred until they work the minimum number of hours to meet the eligibility requirement. Section 8. Amount of Merit Step Adjustments: Merit step adjustments are in approximately five percent (5%) increments to the maximum of the salary range. An employee may be given multiple step increases, not to exceed two (2) at any one time, at the recommendation of the Department Director or Division Manager and upon approval of the City Manager. Section 9. Merit Step for Employees on Leave: Eligibility for the merit step advancement may be extended for an employee on an approved leave of absence until the employee has returned to work and has thereafter completed the appropriate period of service. Section 10. Effective Date of Increase: Merit increases shall be effective the first day of the pay period following the performance evaluation due date. Section 11. Salary on Promotion: An employee promoted to a classification having a greater maximum salary will be placed on the lowest step of the new range that results in not less than a five percent (5%) increase above the employee's current regular salary. Upon recommendation of the Department Director and approval of the City Manager, the employee may be placed at a higher step. Section 12. Salary on Demotion: An employee who is demoted will be placed within the salary range for the class into which demoted. The salary will be set at the step which is lower and closest to the salary the employee was receiving before the demotion. Section 13. Salary on Reclassification: An employee who is reclassified will receive the salary set forth below. 15 (a) If reclassified to a classification with the same salary range, the salary will not change. (b) If reclassified to a classification with a higher salary range, the salary will be determined in the same manner as a promotion. (c) If reclassified to a classification with a lower salary range, the employee may be Y -rated with Human Resources Manager and City Manager approval; retain current salary if current salary is the same as a step within the salary range of the new class; be placed on the closest step within the salary range of the new class that approximates the current salary if the current salary is between steps within the new salary range; or be reduced to the maximum step of the salary range of the new class if current salary is greater than the maximum of the new salary range. Section 14. Pay Periods: The compensation to all officers and employees of the City shall be paid biweekly. Checks or electronic transfers in payment for compensation will be made available by the City to employees and officers of the City on the Friday succeeding the close of the pay period. In the event that pay day falls on a holiday, payment will be made on the last work day preceding the holiday. Section 15. Bilingual PaV: Employees who are requested by the City to use bilingual skills during their scheduled work hours on a recurring basis to further the business interests of the City shall receive a bilingual premium pay differential in addition to their regular pay. Any full-time or part-time employee who is required, as an essential part of his or herjob, to provide non-English language services, including Braille and sign language, routinely and consistently as part of his or her regular job assignment as determined by the City, will receive a Heavy Usage Bilingual Premium Pay Differential of 5% or Moderate Usage Bilingual Premium Pay Differential of 2%. Differential pay for bilingual skills shall be restricted to that which serves the actual needs of the job and the business functions of the City. Bilingual ability alone or incidental use of the skill when not related to the essential requirements of the job will not warrant bilingual pay. Department Directors shall recommend employees that are requested to use bilingual skills during work hours and eligible for Bilingual Pay. The City Manager shall consider the request. If approved by the City Manager, the recommended employee will be subject to a language skills examination which will be coordinated by the Human Resources Division. Upon successfully passing the language skills test, the bilingual pay differential will be effective the following pay period. i[ Section 16. Overtime: (a) As a matter of general policy, the City does not permit employees to work overtime and will provide adequate staff to handle normal operations. However, non-exempt employees may be required to work overtime at the discretion of the Department Director or Division Manager. (b) Overtime for non-exempt employees is defined as hours assigned to be worked and actually worked in excess of forty (40) hours actually worked in the designated work week. Paid leave hours (e.g. sick, vacation, compensatory time, floating holidays, bereavement leave, jury duty leave, administrative leave) do not count towards the calculation of overtime. (c) Non-exempt employees working overtime when not expressly authorized to do so, may be subject to discipline. (d) Overtime authorized and worked by non-exempt employees shall be compensated at time and one half their regular rate of pay. The employee may submit a request to the Department Director or Division Manager to work overtime, which Department Director or Division Manager shall have the unrestricted discretion to approve or not approve, compensation in the form of accrued compensatory time at time and one-half pay. However, an employee may not accrue more than forty (40) hours compensatory time at any time. All compensatory time earned but not taken shall be paid out at the time of employment separation. (e) If a non-exempt employee is required to work on an observed holiday beyond the regular forty (40) hour work week, he or she shall be entitled to pay at the rate of two (2) times the regular rate of pay. (f) Employees who are exempt from the Fair Labor Standards Act (FLSA) are compensated on a salary basis and are not eligible for overtime. Section 17. Call -Out Pay: Non-exempt full-time and part-time employees will be paid a minimum of two (2) hours pay if called out to respond to a City emergency. Call -out occurs when an employee is ordered to return to duty on a non - regularly scheduled work shift after his or her regular work shift has ended and the employee has departed from City premises. Call -out does not occur when an employee is held over from his or her prior shift or is working prior to his/her regularly scheduled shift. Section 18. Acting Pay: An employee who is provisionally appointed to an acting or interim position that is in a higher salary range than that of the class in which the employee is normally assigned shall receive acting compensation. 17 (a) Acting pay shall be provided only for appointments with duration greater than twenty-one (21) consecutive calendar days and shall be retroactive to the effective date of the acting appointment and continue until completion of the assignment. (b) Such acting appointments shall be made in writing by the City Manager with a copy to the Human Resources Division. (c) Compensation shall be at the entrance salary step of the higher range or the step within the higher salary range, which would provide a minimum of five percent (5%) higher than the employee's current salary step, whichever is greater. Section 19. Temporary Upgrade/Special Assiqnment Pay: A temporary 5% increase in pay shall be given to employees during periods when they temporarily assume additional job duties or are assigned to a special project/program that are outside their normal and customary job duties for more than one consecutive pay period and not to exceed 180 days. The Department Director must secure approval from the City Manager prior to assigning a temporary upgrade or special assignment pay to an employee. Section 20. Cost of Living Adjustment (COLA): At the adoption of the City's annual budget, a request by the City Manager may be made to the City Council to provide a cost of living adjustment to the City's employees' compensation. The COLA is the annual Consumer Price Index (CPI) percentage as issued by the Department of Labor, Bureau of Labor Consumer Price Index for Urban Wage Earners and Clerical Workers Los Angeles -Riverside -Orange Counties, California for year ending March of the current year. The City Council has the sole discretion to adopt or modify the request at any time. Section 21. Safety Footwear: It is the policy of the City to require the use of safety shoes where foot hazards exist as a significant part of the job. The City will provide a new pair of safety shoes to full-time field employees based upon "fair wear and tear" of existing safety shoes to a maximum cost of $350 for each employee determined to have job duties that involve a high degree of potential foot hazards such as working on uneven and slippery surfaces, handling heavy objects, equipment, or tools potentially causing injuries from crushing or penetrating actions. A steel toe safety shoe is required. Section 22. Technology Stipend: Executive Management and Exempt Management are eligible to receive a monthly stipend of $100 as a reimbursement for the purchase and maintenance of personal cell phones, tablets, laptops, printers, and/or phone/internet service in order to conduct City business and to respond in emergency situations. Designated key full-time staff, as approved by the City Manager, that are required to respond in emergency situations will be eligible for a $50 stipend on a monthly basis. 18 Section 23. Performance Pay: Non -probationary full-time employees that have demonstrated exceptional job performance, as defined and approved by the City Manager, may be eligible to receive performance pay up to 10 percent of the their annual salary once per fiscal year. In order to be eligible, employees must have been at the top step of their salary range for at least one year. Funding for the Performance Pay program is subject to approval by the City Council during the budget adoption process. Section 24. Severance pay: The City Manager may authorize up to 90 days of severance pay and continued health insurance as a result of a lay-off or an employment separation for a benefitted employee. ig City employees may be assigned to work eight (8) hours per day, five (5) days per week or assigned to the 9/80 flex plan under which they will work eighty (80) hours in a nine (9) day period. Section 1. The 9/80 Plan: Generally employees work nine (9) hours Monday through Thursday and eight (8) hours every other Friday, exclusive of meal period or nine (9) hours Tuesday through Friday and eight (8) hours every other Monday. In some cases, the flex day may be a day other than Friday. If the operational and service needs of the City dictate that an alternate flex day is required, then the employee will work nine (9) hours on eight (8) of the nine (9) work days, exclusive of meal period, and eight (8) hours every other alternate flex day. Section 2. Five Day Work Week: Generally employees work eight (8) hours per day Monday through Friday, exclusive of meal period. Section 3. Alternate Work Schedule: Employees may be assigned to work days or hours other than those set forth in Section 1 or Section 2. Section 4. Work Week Defined: For all employees working a 9/80 schedule their workweek shall begin exactly four hours into their eight hour shift on the day of the week which constitutes their alternating regular day off. For employees working five (5) days per week, the work week or work period means a consecutive seven (7) day period that begins at 12:00 a.m. on Sunday and ends at 11:59 p.m. on the following Saturday. Section 5. Work Week Schedule Change: The City may change the work week when public necessity or convenience so requires. Section 6. Request to Change Schedule: Employees for whom personal necessity requires a different schedule than above, may make a request for the alternate schedule to the Department Director or Division Manager. If the Department Director or Division Manager agrees with the request, the request will be submitted to the City Manager for final approval. Alternate schedules must begin no earlier than 7:00 a.m. and end no later than 6:00 p.m. and will not include a shorter meal period than below. All schedules are based on the operational and service needs of the City and requests to change schedule will only be approved if such requests support City operations and service requirements and may be rescinded at any time. Section 7. Meal Period: The City shall provide for regular and appropriate meal periods for City employees. Department Directors and Division Managers shall assign and schedule meal periods to meet the operational needs of work crews or work units. City employees shall be expected to use good judgment during 20 meal periods while serving as representatives of the City and in all cases presenting a favorable image to the public. Meal periods are non -paid and nonworking time and shall be one hour for all full-time employees. Every effort will be made to schedule such meal period during the middle of the shift. Meal periods shall not be combined with rest breaks to provide an extended break. The time allowed for meal periods includes any travel time to and from the place where the meal break is taken. For field employees, meal breaks may be taken at restaurants and food establishments within the City in close proximity to the work site only if they can return to the job site within the designated time limit. Supervisors should discourage employees who are eligible for overtime from eating lunch at their desks to ensure that the employee has a bona fide, uninterrupted meal period that shall not be counted as hours worked. Section 8. Rest Periods: All non-exempt City employees shall be provided with a fifteen - minute rest break once during each four consecutive hour work period. The fifteen -minute breaks are not cumulative and may be taken only when prescribed. Compensatory time shall not be used to extend rest breaks. No break shall occur within one (1) hour of starting time, meal break, or quitting time unless special circumstances make this desirable, and in which case prior approval shall be obtained from the employee's immediate supervisor. Rest breaks shall not be combined with meal breaks to provide an extended break. Where adequate on-site facilities exist, employees are required to use the areas and facilities provided. In the case of field employees, rest breaks are to be taken at the job site or may be taken at restaurants and food establishments in the City in close proximity to the work site only if they can return to the job site within the designated time limit. If in transit between jobs, the break may be taken at a nearby City park or at the next job site. 21 RULE VII 11PO-ICITIONS AND APPLICANI Section 1. Announcement: All examinations for positions in the competitive service shall be publicized by posting announcements in City Hall, on the City's website, or by such other means as the City deems advisable. The announcements shall specify the title and pay of the position for which the examination is announced, the duties and responsibilities of the work to be performed, any minimum qualifications established, the manner of making application, and other pertinent information. Section 2. Application: Applications shall be made as prescribed on the examination announcement. Application forms shall require information covering training, experience, and other pertinent information. All applications must be signed by the applicant. Section 3. Disqualification: The City Manager's designee may reject any application which indicates on its face that the applicant does not possess the minimum qualifications required for the position or for any material cause which, in the judgment of the City Manager's designee would render the applicant unsuitable for the position. Falsification of any information presented on the employment application shall be grounds for rejection/disqualification from the recruitment and/or termination from employment, if applicant is appointed to the position and the City subsequently learns that the employment application was falsified. OWN Section 1. Types of Examinations: The selection techniques used in the examination process shall measure the knowledge and abilities of the applicants to execute the duties and responsibilities of the class to which they seek to be appointed. Examinations shall consist of selection techniques which will test fairly the qualifications of candidates. The City Manager or designee may select the appropriate examination(s) to be utilized in the selection process. Section 2. Promotional Examinations: All candidates for promotion must meet the minimum qualifications identified by the appointing authority. The appointing authority will determine whether the examination is open competitive or a promotional appointment. Section 3. Continuous Examinations: Open competitive examinations may be administered periodically for a single class as the needs of the service required. Names shall be placed on employment lists, in order of final scores, for a period of not more than one (1) year, unless extended by the City Manager's designee. Section 4. Conduct of Examinations: The City Manager's designee will determine the manner and methods and by whom examinations shall be prepared and administered. Section 5. Reasonable Accommodation in Testing: Should an otherwise qualified applicant who is disabled request a reasonable accommodation for any part of the testing process, the City may modify the process to reduce or eliminate the testing barrier. Section 6. Employment Reference Checks: The City is responsible for confirming information provided by applicants in their employment application. Information concerning an applicant's education and employment history should be verified by the hiring department before a formal employment offer is extended. This responsibility includes verification of an applicant's educational history, credentials, licenses, professional certifications and previous work experience. All newly appointed employees required to have a valid motor vehicle license shall provide a Department of Motor Vehicles (DMV) abstract to verify Driver's License validity and minimum past three (3) year's driving history. Any written information obtained in the reference check will be retained and destroyed in accordance with Government Code Sections 34090, et. seq. and the Records Retention Schedule of the Human Resources Division. Section 7. Criminal Background Checks (Live Scans): To ensure that the interests of the 23 City, its employees and members of the public are protected and to help minimize potential liability, the City obtains summary criminal background reports from the Department of Justice on applicants for employment and volunteer positions. The City desires to identify those prospective qualified employees and volunteers who have a criminal history so that information about criminal history can be used in post -interview employment decisions. The City will evaluate the applicant's circumstances to determine if the conviction is sufficiently serious, recent and job-related to disqualify him or her from the job. Once a person has been selected as an employee or volunteer the employee or volunteer shall report a conviction or arrest to his or her supervisor who shall forward the information to the Department Director and Human Resources Manager. Alternatively, the Human Resources Manager may be informed directly. Once employed, an employee's failure to report an arrest or conviction may result in disciplinary action up to and including termination. Section 6. Post Job Offer Physical Examinations: As a condition of City employment, some candidates must successfully pass a post -offer physical, which may include a substance abuse examination. Candidates being considered for employment will be sent to a City authorized physician at the City's expense. Section 7. Immigration Reform and Control Act of 1986: In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in the United States by providing required documentation and must complete an 1-9 form documenting ability to hold employment in the U.S.. Section 8. Notification of Selection Process Results: Each person competing in an employment selection process shall be given notice of placement or non - placement on the employment eligibility list. Section 9. Fitness for Duty Exams: (a) Conditional Offer of Employment Examinations: After a conditional offer of employment has been extended to an applicant, the City may, in compliance with all applicable laws, require the applicant to submit to a fitness for duty examination prior to conferring appointment. (b) Current Employee Examinations: The City may require an employee to submit to a fitness for duty examination to determine if the employee is able to perform the essential functions of his or her job when there is significant evidence: 1) the employee appears to be unable to perform or has difficulty performing one or more essential functions of his or her job; and 2) there is reason to question the employee's ability to complete work duties safely or efficiently. 24 (c) Role of Health Care Provider: A City selected health care provider will examine the employee or applicant at City expense. The City will provide the heath care provider with a letter requesting a fitness for duty examination and a written description of the essential functions of the employee's or applicant's job. The health care provider will examine the employee or applicant and provide the City with non -confidential information regarding whether: 1) the employee or applicant is fit to perform essential job functions; 2) there are any accommodations that would enable the employee or applicant to perform essential job functions; and 3) the employee's or applicant's employment poses a threat to the health and safety of the employee/applicant or others. Should the health care provider exceed the scope of the City's request and provide confidential health information, the City will return the report to the health care provider and request another report that includes only the non -confidential fitness for duty information that the City has requested. (d) Medical Information: During the course of a fitness for duty examination, the City will not seek or use information regarding an employee's or applicant's medical history, diagnoses, or course of treatment without an employee's or applicant's written authorization. (e) Medical Information from the Employee's or Applicant's Health Care Provider: An employee may submit confidential medical information to the City from his or her personal health care provider to consider in conducting the fitness for duty examination. If the employee or applicant provides written authorization, the Human Resources Manager will submit the information that the employee or applicant provides to the City paid health care provider who conducted the examination. The Human Resources Manager will request the City -paid health care provider to determine whether the information alters the original fitness for duty assessment. (f) Interactive Process Discussion: After receipt of both the health care provider's fitness for duty report and the analysis of the employee's or applicant's personal health care information, if any, the Human Resources Manager will arrange for a discussion or discussions, in person or via conference telephone call, with the employee or applicant and his or her representatives, if any. The purpose of the discussions will be in good faith to fully discuss all feasible potential reasonable accommodations. During the discussions, the Human Resources Manager will also discuss, if relevant, alternate available jobs for which the employee or applicant is qualified, or whether the employee qualifies for disability retirement or medical leave. 25 (g) Determination: After the discussions, the Human Resources Manager will review the information received and determine if there is a reasonable accommodation that would enable the individual to perform essential job functions and if so, whether the accommodations would pose an undue hardship on City finances or operations. The Human Resources Manager will inform the individual of his or her determination. 26 Section 1. Employment Eligibility Lists: As soon as possible after the completion of an examination, the City Manager's Designee will prepare and keep available an employment eligibility list consisting of the names of applicants who qualified in the examination, arranged alphabetically. Section 2. Duration of Lists: Employment eligibility lists, other than those from a continuous examination, shall remain in effect for one (1) year, unless exhausted sooner, and may be extended or abolished, prior to their expiration dates, by action of the City Manager's Designee, but in no event shall an employment eligibility list remain in effect for more than two (2) years. Section 3. Removal of Applicants from Lists: The name of any person appearing on an employment eligibility list shall be removed by the City Manager's Designee if the person eligible requests in writing that his or her name be removed, fails to respond to a notice, or has been certified for appointment and has not commenced employment. Section 4. Use of Employment Eligibility Lists: A vacant position may be filled by the appointment of a person whose name is on an employment eligibility list for the same position or a position in the same classification. 27 R; ULE X WETWO41 OF . .r Il G A Section 1. Types of Appointment: Except as otherwise provided herein, all vacancies in the competitive service shall be filled by re-employment, transfer, voluntary demotion, promotion or from eligibles certified by the City Manager's designee from an appropriate employment eligibility list. Section 2. Notice to Human Resources: Whenever a vacancy occurs, the Department Director or Division Manager shall submit a request to the City Manager's Designee for authorization to fill the position. The City Manager's Designee shall advise the Department Director or Division Manager as to the availability of candidates from reemployment lists, requests for transfer, or demotion of eligible candidates on an employment or promotional list. The City Manager's Designee may hold a new examination and establish a new employment eligibility list, if requested. Section 3. Appointment: After completion of the interview and selection process, the Department Director or Division Manager shall recommend an employment offer to be made to an eligible person designated by the Department Director or Division Manager by the City Manager's Designee. The City Manager's Designee shall thereupon notify the person of the conditional offer of employment, subject to passing a physical examination and drug test (if required). Section 4. Veterans Preference: If candidates are identically qualified for appointment, the appointment will be offered to the candidate who is a U.S. Military veteran, honorably discharged. Section 5. Temporary Assignments: Employees may be temporarily assigned higher or lower duties without a change in pay for the purpose of filling a vacancy. Such action shall not be deemed as a transfer, demotion, promotion, or reclassification. In all cases where periodic or regular variations in assignments occur because of seasonal needs, the temporary change of duties or a change of the work schedule, of such variations shall be considered as incidental to the position. Section 6. Extended Assignment to Vacant Higher Position: Employees assigned to perform duties in a vacant higher level regular position in excess of twenty- one (21) consecutive calendar days shall be entitled to a salary rate increase to the higher level for the time actually worked in the assignment. (See Rule V, Section 18, Acting Pay.) The duration of such assignment to a vacant higher position shall not exceed one (1) year. It is the responsibility of the Department Director or Division Manager to request such salary rate increase to the City Manager's Designee for approval. 133 Section 7. Vacancies outside the Competitive Service: Vacancies outside the competitive service (e.g., executive positions, seasonal part-time, intermittent part-time) will be filled by a process deemed appropriate by the City Manager. 29 Section 1. Probationary Period: Upon initial and promotional appointment to a position in the competitive service, an employee must serve a probationary period of one year of actual and continuous service. Periods of time on paid or unpaid leave in excess of five (5) working days (consecutive or not) automatically extend the probationary period by the number of days the employee is on leave. The City Council may, by resolution, establish a longer probation period for a specified class prior to the time of appointment. Section 2. Purpose of Probationary Period: During the probationary period, the supervisor shall review, examine and monitor the conduct, capacity, efficiency, skill, responsibility, integrity, and effectiveness of an employee to determine whether the employee is fully qualified for employment in the classification and position to which the employee has been appointed. Section 3. Extension of Probationary Period: The probationary period may be extended by the Department Director or Division Manager for a period up to six (6) months by written notice to the employee prior to the expiration of the original probationary period. Section 4. Reduction of Probationary Period: The probationary period may be shortened with the written approval of the City Manager. Section 5. Rejection During Probation: At any time during the probationary period an employee may be rejected from employment without cause and without right of appeal. Section 6. Reiection During Probation From a Promotional Position: A promoted employee who has attained regular status in another classification of City employment who does not successfully complete the probationary period in the promoted class may be returned to the former classification or a comparable classification without right to review or appeal unless terminated for cause. Section 7. Use of Leave During Probation: Authorized use of accrued sick leave, vacation leave, administrative leave and Floating Holiday hours may be granted during the probationary period upon approval of the Department Director, Deputy City Manager or City Manager. . 30 r�r ■ R a C!I RJ;.1��Cyalyll� 1lIJRIa�G\TI��r7 Section 1. Attendance and Absence Control: Full-time employees shall be in attendance at their work in accordance with the rules regarding hours of work, except for City holidays, and other authorized leave. Absence of any employee without authorized leave may result in disciplinary action, up to and including termination. Arriving late to work or leaving early in connection with scheduled work times, breaks, or meal periods is prohibited. An employee is required to seek advance permission from his/her supervisor for any foreseeable absence or deviation from regular working hours. (a) Employee's Duty to Notify of Late Arrival or Absence: An employee who is unexpectedly unable to report for work as scheduled must notify his/her immediate supervisor no later than the beginning of the employee's work shift and report the absence or expected time of arrival and the reason for the absence or late arrival. If the employee's immediate supervisor is not available, the employee must notify the Department Director. An employee who fails to timely notify the supervisor of absences, or who is not present and ready to work during all scheduled work times, will be deemed to have an unauthorized tardy or absence and will not receive compensation for the period of absence. (b) Excessive Tardiness/Absenteeism: Excessive tardiness or absenteeism may be grounds for discipline, up to and including termination. Abuse of, or misrepresentation of any form of accrued or unpaid leave time will be grounds for discipline, up to and including termination. Section 2. Vacation Leave: Vacation is a right, earned as a condition of employment. It is a leave of absence with pay for recreation and well-being of the employee. If an employee has exhausted sick leave, vacation may be used for sick leave upon request of the employee and with approval of the City Manager, Deputy City Manager, Department Director or Division Manager. (a) Employees shall accrue, on a pro -rata basis, vacation leave for completed pay periods. Such vacation allowance shall be available for use on the first day following the pay period in which it is earned. Length of Service from Annual Vacation Accrual Benefit Date Allowance Rate On employment through 3.08 hours 59 months 80 hours per pay period 31 60 months through 4.62 hours 119 months 120 hours per pay period 6.15 hours 120 months and up 160 hours per pay period (b) Maximum Accrual: Vacation leave may be accrued to a maximum of 360 hours. Once the 360 hour maximum accumulation is reached, no further vacation leave shall accrue until the employee reduces the accumulation below the maximum. However, at no time may an employee's amount of accrued vacation exceed 360 hours. (c) Waiver of Maximum Accrual: A waiver of the 360 hour cap must be requested by the Department Director or Division Manager and approved by the City Manager, for a period not to exceed thirteen (13) pay periods per fiscal year. If at the end of the waiver period the maximum accrual amount is exceeded, vacation accrual for the affected employee will stop. No further vacation time will be accrued until the employee's vacation leave balance is below the maximum accrual amount. In the event that the failure to utilize vacation past the thirteen pay period waiver is due to the City's inability to allow an employee to take vacation (as opposed to an employee's delay and/or failure to request vacation time off), the employee may, with City Manager authorization, continue to accrue vacation. (d) Vacation Leave Cash Out Option: Once 240 hours of vacation leave has been accrued, the employee is eligible to receive, at their request, a one-time per year "cash out" payment for up to 80 hours of the accrued vacation leave provided he or she has used 80 hours of his or her accrued vacation leave during the previous twelve months. The "cash out" value is at the employee's current rate of pay regardless of the rate at which the vacation leave hours were earned. (e) The minimum charge against accumulated vacation leave shall be fifteen (15) minutes or multiples thereof. Vacation leave shall be compensated at the employee's base rate of pay. (f) The time during a calendar year at which an employee may take his or her vacation shall be determined by the Department Director of Division Manager with due regard for the wishes of the employee and particular regard for the operational and staffing needs of the City. (g) All requests to use vacation leave shall be made with as much advance notice as possible, and prior approval must be given by the employee's supervisor and Department Director or Division Manager. When circumstances warrant and advance notice is impractical, Department 32 Directors or Division Managers may approve the use of vacation leave for emergency absences. If an employee does not request time off in advance and simply does not show up for work, the Department Director or Division Manager may deny the use of vacation time or any leave accruals, and said employee may be subject to disciplinary action. (h) When a fixed holiday falls within a vacation period, the holiday time shall not be charged against an employee's earned vacation benefits. (i) Employees who terminate or retire shall be paid for all accrued vacation leave earned at their base rate of pay at the time of their separation of employment. (j) For the purpose of determining their accrual rate, exempt employees shall be credited with up to five (5) years of full-time City service for equivalent public sector full-time service. (k) Employees on Unpaid Leave do not accrue Vacation Leave. (1) Temporary (working less than 1,000 hours per year), emergency, and seasonal and intermittent part-time employees do not accrue Vacation Leave. (m) Regular part-time employees receive prorated Vacation Leave. Section 3. Sick Leave: Sick Leave is defined as the authorized absence from duty of an employee because of physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease, or for a medical, optical, or dental appointment. Sick leave may also be taken for diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee, an employee's family member (includes parent, child, spouse, registered domestic partner, parent -in-law, sibling, grandchild or grandparent); or for an employee who is a victim of domestic violence, sexual assault, or stalking, the purposes described in Labor Code section 230(c) and Labor Code Section 230.1(a). Sick leave shall not be considered a privilege which an employee may use at his/her discretion, but shall be allowed only in case of necessity for the reasons provided in these Rules. (a) Accrual and Use of Sick Leave: The following sick leave amounts provided shall be available for use following 90 days of employment. Full -Time Benefitted Employees: Full-time benefitted employees accrue sick leave for each payroll period completed, prorated on the basis of 80 hours per year, or 3.08 hours per pay period. Full-time benefitted employees can carry-over their accrued sick leave year to 33 year up to a cap of 480 hours. Once the sick leave cap is reached, the employee will stop accruing additional sick leave hours. Part Time Benefitted Employees: Part-time benefitted employees accrue prorated sick leave based on the full-time benefitted employee amounts and terms as noted above. Part-time benefitted employees can carry-over their accrued sick leave year to year up to a cap of 240 hours. Once the sick leave cap is reached, the employee will stop accruing additional sick leave hours. For example, if a part-time benefitted employee is half-time (50%) and is scheduled to work 1,040 hours in a fiscal year, the employee would be entitled to 40 hours of accrued sick leave which is half the full-time benefitted employee accrual rate. Seasonal and Intermittent Part -Time Employees: Beginning July 1, 2015, seasonal and intermittent part time employees are eligible for an allotment of 24 hours of paid sick leave on an annual basis. The full allotment of 24 hours of paid sick leave will be given on July 1st each year. Employees hired after July 15' will be given the full allotment of 24 hours of paid sick leave on the day the employee begins employment. Employees are eligible to take paid sick leave after 90 days of employment. Paid sick leave for seasonal and intermittent employees is not accrued, and cannot be carried over to the following year, nor is it paid out upon employment separation. (b) Minimum Use: The minimum charge against accumulated sick leave shall be 15 minutes or multiples thereof. Approved sick leave with pay shall be compensated at the employee's base rate of pay. (c) Proof of Qualifying Reason for Leave: If an employee is absent longer than three (3) days or 24 hours due to sick leave, the Department Director or Division Manager may require a physician's certificate and/or other medical evidence/certification verifying the need for leave before the City honors any sick leave requests. An employee who is absent in order to obtain relief or services related to being a victim of domestic violence, sexual assault, or stalking must provide appropriate certification of the need for such services.re ort he following types of certification shall be sufficient: (1) a p p indicating that the employee was a victim of domestic violence, sexual assault, or stalking; (2) a court order protecting or separating the employee from the perpetrator of an act of domestic violence, sexual assault, or stalking, or other evidence from the court or prosecuting attorney that the employee has appeared in court; (3) documentation from a licensed medical professional, domestic violence counselor, a sexual assault counselor, licensed health care provider, or counselor that the employee was undergoing treatment for physical or mental 34 injuries or abuse resulting in victimization from an act of domestic violence, sexual assault, or stalking. (d) Notification: If the need to use accrued paid sick leave is foreseeable, then, in order to receive compensation while absent from duty on sick leave, the employee must notify his/her immediate supervisor or Department Director or Division Manager prior to or within two (2) hours after the time set for the beginning of his/her regular duties. If the need for paid sick leave is not foreseeable, the employee shall provide notice of the need for the leave to their supervisor as soon as practicable. (e) Violations: Violation of sick leave Rules may result in disciplinary action when in the opinion of the Department Director or Division Manager, the employee has been excessively absent, has abused the sick leave and/or has misrepresented its use.. (f) Sick Leave Payout: Each benefitted employee may voluntarily be paid annually up to 80 hours of accrued sick leave in excess of 200 hours at a rate of one-half (1/2) the employee's current wage at the time of payment. Said payment is to be made during the month of December, or at such other time as the City Manager may determine, at his/her absolute discretion, as appropriate. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick leave at a rate of one-half (1/2) of the employee's current rate of pay at his or her date of separation. (g) Employees on Unpaid Leave: Employees on unpaid leave do not accrue sick leave. Section 4. Occupational Injury or Illness Leave: Whenever an employee is compelled to be absent from employment with the City on account of injury or illness arising out of or in the course of that employee's employment as determined under the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that of the employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee, in such instance, may also elect to use any earned vacation time in like manner after sick leave is exhausted. An employee, in such instance, may also elect to use any earned Administrative Leave and Floating Holiday hours in like manner after sick leave and earned vacation time are exhausted. Employees shall receive full salary in lieu of Workers' Compensation benefits and paid sick leave for the first three days following an occupational injury or illness, if authorized absence is by order of an accepted physician under the Workers' Compensation sections of the California Labor Code. 35 Section 5. Bereavement Leave: When circumstances are such and the City Manager determines that conditions warrant, three days (twenty-seven 27 hours) of paid bereavement leave may be used per occurrence in the event of death of a spouse, domestic partner, child, brother, sister, parent, parents -in-laws, or grandparent of a full-time employee. With City Manager approval, up to an additional two days (eighteen 18 hours) of sick leave may be used to supplement bereavement leave. In the event of the death of other relatives and with City Manager approval, three days (twenty-seven 27 hours) of sick leave may be used per occurrence for the death of aunts, uncles, or other individuals related by blood or marriage. Section 6. Jury Duty and Witness Leave: If a regular full-time employee is required to serve as a trial juror, such employee shall receive regular pay while actually performing jury service. Amounts received by such employee from the Court as payment for service as a juror, except mileage paid to the employee, must be reimbursed to the City in order to remain on paid status. Part-time regular employees shall receive prorated pay based on the hours they were scheduled to work. Employees will be required to provide a Jury Duty Certification form to their supervisor, to be attached to their time sheet for that time period. Employees shall be granted leave with pay when subpoenaed to testify in a matter arising out of the scope of their employment with the City. Employees absent from work due to jury duty or witness leave must daily notify their immediate supervisor or Department Director or Division Manager of the status of their leave. Section 7. Administrative Leave: Full-time exempt employees are allowed twenty-seven (27) hours of administrative leave per fiscal year, Department Directors are allowed forty-five (45) hours of Administrative Leave per fiscal year and designated Exempt Managers are allowed thirty-six (36) hours of Administrative Leave per fiscal year. Administrative leave hours are added to eligible employees' leave banks at the beginning of each fiscal year provided the employee has not reached the maximum accrual of hours. Administrative Leave may be accumulated and carried over to the following year for a maximum accrual of up to two (2) years. Employees may not accrue more than two (2) years of administrative leave at any point and will cease to accrue administrative leave once the maximum is reached. Requests for Administrative Leave must be approved by the immediate supervisor and the City Manager. Use of Administrative Leave will be authorized at the convenience of the City and the work schedule. Additional hours of leave may be authorized by the City Manager, based on the number of total hours the individual works over and above forty (40) hours per work week or for exceptional performance and must be taken or cashed out within one (1) year. 10161 Section 8. Family and Medical Leave: (a) Statement of Policy: To the extent not already provided for under current leave policies and provisions, the City will provide family and medical care leave for eligible employees as required by state and federal law. The following provisions set forth certain of the rights and obligations with respect to such leave. Rights and obligations which are not specifically set forth below are set forth in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 ("FMLA"), and the regulations of the California Family Rights Act ("CFRA"). Unless otherwise provided by these Rules, "leave" under this Section 8 only shall mean leave pursuant to the FMLA and CFRA. (b) Definitions: (1) "12 -Month Period" means a rolling 12 -month period measured backward from the date leave is taken and continuous with each additional leave day taken. (2) "Single 12 -month period" means a 12 -month period which begins on the first day the eligible employee takes FMLA leave to take care of a covered service member and ends 12 months after that date. (3) "Child" means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self care because of a mental or physical disability. An employee's child is one for whom the employee has actual day-to-day responsibility for care and includes, a biological, adopted, foster or step -child. (4) A child is "incapable of self care" if he/she requires active assistance or supervision to provide daily self care in three or more of the activities of daily living or instrumental activities of daily living — such as, caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning, shopping, taking public transportation, paying bills, maintaining a residence, using telephones and directories, etc. (5) "Parent" means the biological, adoptive, step or foster parent of an employee, or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law. (6) "Spouse" means a husband or wife as defined or recognized under California State law for purposes of marriage. 37 (7) "Domestic Partner," as defined by Family Code §§ 297 and 299.2, shall have the same meaning as "Spouse" for purposes of CFRA Leave. (8) "Serious health condition" means an illness, injury impairment, or physical or mental condition that involves: i) Inpatient Care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (i.e., inability to work, or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom); or ii) Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following: a. A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three full consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition. that also involves: Treatment two or more times within 30 days of the first day of incapacity, unless extenuating circumstances exist by a health care provider, by a nurse, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider. The first in-person treatment visit must take place within seven days of the first day of incapacity; or ii. Treatment by a health care provider on at least one occasion which must take place within seven days of the first day of incapacity and results in a regimen of continuing treatment under the supervision of the health care provider. This includes for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not 38 constitute a regimen of continuing treatment. b. Any period of incapacity due to pregnancy or for prenatal care. (This entitles the employee to FMLA leave, but not CFRA leave. Under California law, an employee disabled by pregnancy is entitled to pregnancy disability leave.) C. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which: i. Requires periodic visits (defined as at least twice a year) for treatment by a health care provider or by a nurse; ii. Continues over an extended period of time (including recurring episodes of a single underlying condition); and May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day. d. A period of incapacity which is permanent or long term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. e. Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment. (9) "Health Care Provider" means: 39 i) A doctor of medicine or osteopathy who is authorized to practice medicine or surgery by the State of California; ii) Individuals duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, who directly treat or supervise treatment of a serious health condition; iii) Podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law; iv) Nurse practitioners and nurse -midwives, clinical social workers, and physician assistants who are authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law; V) Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts; and vi) Any health care provider from whom an employer or group health plan's benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits. (10) "Covered active duty" means: (1) in the case of a member of a regular component of the Armed Forces, duty during the deployment of the member with Armed Forces to a foreign country, or (2) in the case of a member of a reserve component of the Armed Forces, duty during the deployment of a member of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions. (11) "Covered Servicemember" means (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty on active duty; or (2) a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. (12) "Outpatient Status" means, with respect to a covered servicemember, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients. (13) "Next of Kin of a Covered Servicemember" means the nearest blood relative other than the covered servicemember's spouse, parent, son, or daughter, in the following order of priority: Blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. (14) "Serious Injury or Illness" (1) in the case of a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that may render the member medically unfit to perform the duties of the member's office, grade, rank, or rating; or (2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy, means a qualifying injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran. (c) Reasons for Leave: Leave is only permitted for the following reasons: (1) The birth of a child or to care for a newborn of an employee; (2) The placement of a child with an employee in connection with the adoption or foster care of a child; (3) Leave to care for a child, parent, spouse, or domestic partner who has a serious health condition; 41 (4) Leave because of a serious health condition that makes the employee unable to perform the functions of his/her position; (5) Leave for a "qualifying exigency" may be taken arising out of the fact that an employee's spouse, son, daughter, or parent is on covered active duty or call to active duty status (under the FMLA only, not the CFRA); or (6) Leave to care for a spouse, son, daughter, parent, or "next of kin" who is a covered servicemember of the United States Armed Forces who has a serious injury of illness incurred in the line of duty while on active military duty or existed before the beginning of the member's active duty and was aggravated by service in the line of duty on active duty in the Armed Forces (this leave can run up to 26 weeks of unpaid leave during a single 12 -month period) (under the FMLA only, not the CFRA). (d) Employees Eligible for Leave: An employee is eligible for leave if the employee: (1) Has been employed for at least 12 months; and (2) Has been employed for at least 1,250 hours during the 12 -month period immediately preceding the commencement of the leave. (e) Amount of Leave: Eligible employees are entitled to a total of 12 workweeks (or 26 weeks to care for a covered servicemember) of leave during any 12 -month period. Where FMLA leave qualifies as both military caregiver leave and care for a family member with a serious health condition, the leave will be designated as military caregiver leave first. (1) Minimum Duration of Leave: If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two weeks. However, an exception can be made to allow at least one day, but less than two weeks duration on any two occasions. If leave is requested to care for a child, parent, spouse or the employee him/herself with a serious health condition, there is no minimum amount of leave that must be taken. However, the notice and medical certification provisions of this policy must be complied with. 42 (2) Spouses Both Employed by the City: In any case in which both spouses are employed by the City are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 12 workweeks during any 12 -month period if leave is taken for the birth or placement for adoption or foster care of the employees' child (i.e., bonding leave). In any case in which both spouses are employed by the City are entitled to leave, the aggregate number of workweeks of leave to which both may be entitled may be limited to 26 workweeks during any 12 -month period if leave is taken to care for a covered servicemember. Except as noted above, this limitation does not apply to any other type of leave under this policy. (f) Employee Benefits While on Leave: Leave under this policy is unpaid. While on leave, employees will continue to be covered by the City's group health insurance to the same extent that coverage is provided while the employee is on the job. Employees may make the appropriate contributions for continued coverage under the preceding non -health benefit plans by payroll deductions or direct payments made to these plans. Depending on the particular plan, the City will inform you whether the premiums should be paid to the carrier or to the City. Your coverage on a particular plan may be dropped if you are more than 30 days late in making a premium payment. However, you will receive a notice at least 15 days before coverage is to cease, advising you that you will be dropped if your premium payment is not paid by a certain date. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave. If an employee fails to return to work after his/her leave entitlement has been exhausted or expires, the City shall have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, recurrence, or onset of a serious health condition of the employee or his/her family member which would entitle the employee to leave, or because of circumstances beyond the employee's control. The City shall have the right to recover premiums through deduction from any sums due the City (e.g. unpaid wages, vacation pay, etc.). (g) Substitution of Paid Accrued Leaves: While on leave under this policy, as set forth herein, an employee may elect to concurrently use paid accrued leaves. Similarly, the City may require an employee to concurrently use paid accrued leaves after requesting FMLA and/or 43 CFRA leave, and may also require an employee to use family and medical care leave concurrently with a non-FMLA/CFRA leave which is FMLA/CFRA-qualifying. (1) Employee's Right To Use Paid Accrued Leaves Concurrently With FamilV Leave: Where an employee has earned or accrued paid vacation, administrative leave, compensatory time, floating holidays or sick leave, that paid leave may be substituted for all or part of any (otherwise) unpaid leave under this policy. As for sick leave, an employee is entitled to use sick leave concurrently with leave under this policy if: The leave is for the employee's own serious health condition; or The leave is needed to care for a parent, spouse, child, or domestic partner with a serious health condition, and would be permitted as sick leave under the City's sick leave policy. (2) City's Right To Require An Employee To Use Paid Leave When Using FMLA/CFRA Leave: Employees must exhaust their accrued leaves concurrently with FMLA/CFRA leave to the same extent that employees have the right to use their accrued leaves concurrently with FMLA/CFRA leave, with two exceptions: a. Employees are required to use accrued compensatory time earned in lieu of overtime earned pursuant to the Fair Labor Standards Act; and b. Employees will only be required to use sick leave concurrently with FMLA/CFRA leave if the leave is for the employee's own serious health condition. (3) City's Right To Require An Employee To Exhaust FMLA/CFRA Leave Concurrently With Other Leaves: If an employee takes a leave of absence for any reason which is FMLA/CFRA- qualifying, the City may designate that non-FMLA/CFRA leave as running concurrently with the employee's 12 -week FMLA/CFRA leave entitlement. The only exception is for peace officers and firefighters who are on leave pursuant to Labor Code § 4850. (4) City's and Employee's Rights If An Employee Requests Accrued Leave Other than Accrued Sick Leave Without Mentioning Either the FMLA or CFRA: If an employee requests to utilize M accrued vacation leave or other accrued paid time off, other than sick leave, without reference to a FMLA/CFRA-qualifying purpose, the City may not ask the employee if the leave is for a FMLA/CFRA-qualifying purpose. However, if the City denies the employee's request and the employee provides information that the requested time off is for a FMLA/CFRA-qualifying purpose, the City may inquire further into the reason for the absence. If the reason is FMLA/CFRA-qualifying, the City may require the employee to exhaust accrued leave as described above. (h) Medical Certification: Employees who request leave for their own serious health condition or to care for a child, parent or a spouse who has a serious health condition must provide written certification from the health care provider of the individual requiring care if requested by the City. If the leave is requested because of the employee's own serious health condition, the certification must include a statement that the employee is unable to work at all or is unable to perform the essential functions of his/her position. Employees who request leave to care for a covered servicemember who is a child, spouse, parent, or "next of kin" of the employee must provide written certification from a health care provider regarding the injured servicemember's serious injury or illness. The first time an employee requests leave because of a qualifying exigency, an employer may require the employee to provide a copy of the covered military member's active duty orders or other documentation issued by the military which indicates that the covered military member is on active duty or call to active duty status in support of a contingency operation, and the dates of the covered military member's active duty service. A copy of new active duty orders or similar documentation shall be provided to the employer if the need for leave because of a qualifying exigency arises out of a different active duty or call to active duty status of the same or a different covered military member. (1) Time to Provide a Certification: When an employee's leave is foreseeable and at least 30 days notice has been provided, if a medical certification is requested, the employee must provide it before the leave begins. When this is not possible, the employee must provide the requested certification to the City within the time frame requested by the City (which must allow at least 15 calendar days after the employer's request), unless it is not practicable under the particular circumstances to do so despite the employee's diligent, good faith efforts. 45 (2) Consequences for Failure to Provide an Adequate or Timely Certification: If an employee provides an incomplete medical certification the employee will be given a reasonable opportunity to cure any such deficiency. However, if an employee fails to provide a medical certification within the timeframe established by this policy, the City may delay the taking of FMLA/CFRA leave until the required certification is provided. (3) Second and Third Medical Opinions: If the City has reason to doubt the validity of a certification, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee, but paid for by the City. The opinion of the third provider will be binding. An employee may request a copy of the health care provider's opinions when there is a second or third medical opinion sought. (4) Intermittent Leave or Leave on a Reduced Leave Schedule: If an employee requests leave intermittently (a few days or hours at a time) or on a reduced leave schedule to care for an immediate family member with a serious health condition, the employee must provide medical certification that such leave is medically necessary. "Medically necessary" means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. (i) Employee Notice of Leave: Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much notice as possible of their need for leave. Except for qualifying exigency leave, if leave is foreseeable, at least 30 days' notice is required. In addition, if an employee knows that he/she will need leave in the future, but does not know the exact date(s) (e.g. for the birth of a child or to take care of a newborn), the employee shall inform his/her supervisor as soon as possible that such leave will be needed. Such notice may be orally given. If the City determines that an employee's notice is inadequate or the employee knew about the requested leave in advance of the request, the City may delay the granting of the leave until it can, in its discretion, adequately cover the position with a substitute. For foreseeable leave due to a qualifying exigency, an employee must provide notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable. 46 (j) Reinstatement upon Return from Leave (1) Right to Reinstatement: Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA period. If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date agreed upon. If the reinstatement date differs from the original agreement of the employee and City the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of his/her readiness to return. (2) Employee's Obligation to Periodically Report on His/Her Condition: Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return. (3) Fitness -for -Duty Certification: As a condition of reinstatement of an employee whose leave was due to the employee's own serious health condition, which made the employee unable to perform his/her job, the employee must obtain and present a fitness -for -duty certification from the health care provider that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement. (4) Reinstatement of "Key Employees": The City may deny reinstatement to a "key" employee (i.e., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the work site) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City's intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. (k) Required Forms: Employees must fill out the following applicable forms in connection with leave under this policy: (1) "Request For Family, Medical, Pregnancy Disability and/or Military Caregiver Leave Form" prepared by the City of Diamond Bar to be eligible for leave. Note: Employees will receive a City 47 of Diamond Bar response to their request which will set forth certain conditions of the leave; (2) Medical certification—either for the employee's own serious health condition or for the serious health condition of a child, parent, spouse or domestic partner. (3) Authorization for payroll deductions for benefit plan coverage continuation; and (4) Fitness -for -duty to return from leave form. Section 9. California Paid Family Leave: California Paid Family Leave is a component of State Disability Insurance (SDI) program. Unlike SDI, however, which partially covers employee wage loss due to a personal disability, injury, or pregnancy, Paid Family Leave Insurance partially covers employee wage loss for individuals who need to care for a seriously ill family member or bond with a new child. Benefits are available for a maximum of six (6) weeks in a twelve (12) month period. Paid Family Leave and SDI are both administered by the state Employment Development Department (EDD) and funded entirely by mandatory, payroll deductions. Section 10. Pregnancy Disability Leave: An employee is eligible for four months of unpaid leave while disabled from working due to pregnancy, childbirth or related medical condition when there is certification by a physician that there is a disability due to the pregnancy, childbirth, or related medical condition. (a) During the pregnancy disability leave time, paid leave may be charged to accrued benefit time such as vacation, administrative leave and floating holidays, at the employee's request. In addition, accrued sick leave may be used at the employee's request, in accordance with Section 3. (b) Health insurance benefits shall continue for the duration of the pregnancy disability leave under the same conditions as if the employee had continued employment. If the employee fails to return to work after the period of leave to which the employee is entitled has expired, the City is entitled to recover the premiums paid on behalf of the employee for maintaining coverage, unless the employee does not return because the employee is taking leave under the CFRA or because of the continuation, recurrence, or onset of a health condition that entitles the employee to leave under the CFRA or other circumstances beyond the employee's control. (b) The City Manager may require the employee to file a physician's certificate or personal affidavit and to provide reasonable notice of the date the leave will begin and the estimated duration of the leave. !S3 (c) Upon the expiration of pregnancy leave and the City's receipt of a written statement from the health care provider that the employee is fit to return to duty, the employee will be reinstated to her original or an equivalent position, unless it was eliminated for a legitimate business reason during the leave. If the employee's original position is no longer available, the employee will be assigned to an open position that is substantially similar in job content, status, pay, promotional opportunities, and geographic location as the employee's original position. (d) If upon return from leave an employee is unable to perform the essential functions of the job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify a potential reasonable accommodation. An employee who fails to return to work after the termination of her leave loses their reinstatement rights. Section 11. Election Leave: If a full-time employee does not have sufficient time outside of working hours to vote at a statewide election, the employee may, without loss of pay, take off enough working time which will enable the voter to vote; provided that in no event shall an employee receive more than two (2) hours of paid election leave. Regular part-time employees are eligible for election leave based upon hours scheduled to work. The time off for voting shall be only at the beginning or end of the regular work shift, whichever results in the least time off from the regular working shift, unless otherwise mutually agreed upon. The employee shall give the supervisor at least two working days' notice that time off for voting is desired. Section 12. School Visit Leave: Full-time and regular part-time employees are permitted to use up to forty (40) hours of leave for the purpose of participating in their children's school activities. Vacation or Floating Holiday Leave must be used for this purpose, and the request for time off cannot exceed eight (8) hours in any calendar month. In the event the employee has exhausted all accrued vacation leave and floating holiday hours, leave without pay may be taken for this purpose and all hour restrictions apply. Section 13. Leave of Absence Without Pay: The City Manager may grant a regular employee a leave of absence without pay for a period not to exceed one (1) year. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. Approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the classification held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty may be cause for disciplinary action up to and including termination. Such leave of absence shall not be counted as a 49 break in service for purposes of satisfying the continuous employment requirement for vacation allowance. (a) Department Directors may grant an employee leave of absence without pay for a period not to exceed one (1) calendar week. Such leaves shall be reported to the City Manager. (b) An employee on leave of absence without pay does not accrue sick leave, vacation time, or receive benefits while on leave. Such employee does not lose or forfeit any sick leave or unpaid vacation time that had been accumulated prior to the time being granted. The employee shall pay for his or her own health benefits during this leave period and will not receive the monthly benefit allotment contribution made by the City. Section 14. Military Leave: Military leave shall be granted to City employees in accordance with the provisions of current federal and state law. An employee requesting leave for this purpose shall provide the Department Director with a copy of the military orders specifying the dates, site and purpose of the activity or mission. Within the limits of such orders, the Department Director may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave. Section 15. Political Leave: Political leave may be granted to any employee who is declared a candidate for public office subject to the provisions of Section 13: Leave of Absence Without Pay. Section 16. Leave for Victims of Violence: An employee who has been a victim of a violent crime or domestic violence may take time off to: 1) appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding; 2) seek medical or psychological assistance; or 3) participate in safety planning to protect against further assaults. An affected employee must give the City reasonable notice that he or she is required to be absent for a purpose stated above. In cases of unscheduled or emergency court appearances or other emergency circumstances, the affected employee must, within a reasonable time after the appearance, provide the City with written proof that the absence was required for any of the above reasons. Leave under this section is unpaid unless the employee uses vacation or accrued time off. 50 Section 1 Section 2. 2. 3. 4. 6 7 9. 10 11 Holidays Observed: The City's observed paid holidays are as follows: New Year's Day (January 1) President's Day (observed the third Monday in February) Memorial Day (observed the last Monday in May) Independence Day (July 4) Labor Day (observed the first Monday in September) Veteran's Day (November 11) Thanksgiving Day Day following Thanksgiving Day Christmas Eve (December 24) Christmas Day (December 25) Eighteen (18) Floating Holiday Hours Holidays which fall on Saturday shall be observed the preceding Friday and holidays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. If an observed holiday falls on a nine schedule, those employees on the 9/80 holiday pay and those employees on < eight (8) hours of holiday pay. (9) hour work day under the 9/80 work schedule shall receive nine (9) hours of i traditional work schedule shall receive If an observed holiday falls on an eight (8) hour work day under the 9/80 work schedule, those employees on the 9/80 schedule shall receive eight (8) hours of holiday pay and those employees on the traditional work schedule shall receive eight (8) hours of holiday pay. Floating Holidays: (a) Each full-time employee is allowed eighteen (18) hours floating holiday per calendar year, January through December. Regular part-time employees are allowed prorated floating holiday hours per calendar year, January through December based upon hours scheduled to work. (b) Floating Holiday hours are not cumulative and must be used during the above period or said employee will lose the allocated hours. (c) Each employee must submit a request in advance, and approval must be given by the employee's supervisor and Department Director. (d) An employee is eligible to use floating holiday hours as they are allocated. 51 (e) Floating Holiday hours may be used in lieu of sick leave only if all other benefit time has been exhausted. Section 3. Eligibility for Holidays: All employees are eligible for holiday pay except the following: (a) Intermittent temporary part-time employees. (b) Temporary employees. Section 4. Prorated Holiday Pay: Regular part-time employees shall receive prorated pay for any holiday on which they are scheduled to work. 52 RULE XIV 53 CHANCES IN EMPLOYMENT STATUS Section 1. Transfer: An employee may be transferred by the City Manager at any time in the same or comparable class. A from one position to another position comparable class is one with essentially the same maximum salary limits, involves the performance of similar duties and requires substantially the same basic qualifications. Transfer shall not be used to effectuate a promotion, of which may be accomplished demotion, advancement, or reduction, each in these Rules. No person shall be transferred to a position only as provided for which he/she does not possess the minimum qualifications. Section 2. Promotion: When practicable and consistent with the best interests of the City, in the competitive service may be filled by promotion from within the vacancies competitive service. All candidates for promotion must meet the minimum qualifications identified by the appointing authority. If, in the opinion of the City Manager, a vacancy in the position could be filled better by an open, competitive examination instead of a promotional for open competitive examination and appointment, he/she shall arrange an for the preparation and certification of an eligibility list. Section 3. Demotion: The appointing authority may demote an employee whose duties falls below standard or a regular performance of his/her required employee for disciplinary cause. No employee shall be demoted to a position Such action for which he/she does not possess the minimum qualifications. on discipline and to the right shall be subject to the City's personnel provision of appeal. Section 4. Suspension: The appointing authority may suspend an at -will employee at any time or a regular employee for cause. Section 5. Reclassification: The appointing authority may request a reclassification study has been a gradual accretion of a position from one class to another if there or reduction of duties and/or responsibilities. 53 Section 1. Job Abandonment: An employee is deemed to have resigned if the employee is absent for three (3) consecutive workdays without prior authorization and without notification during the period of absence. On the second working day of unauthorized absence, the supervisor shall send an e-mail or overnight letter to the employee's last known address or call the home and personal cell phone number of the employee and leave a message informing the employee that if the employee fails to report to work within one (1) workday, or receive authorization for such absence, the employee will be subject to disciplinary action including and up to termination. Employees separated from employment for job abandonment will be reinstated with such charge removed from the employee's record upon presentation of justification for absence such as severe accident, severe illness, arrest, or mental or physical impairment which prevented notification. Section 2. Discharge: An at -will employee may be discharged at any time without cause or right of appeal. An employee in the competitive service may be discharged for cause (as described in Rule XVIII, Section 2) at any time by the Department Director or City Manager. Any employee in the competitive service who has been discharged is entitled to rights provided in Rule XVII. Section 3. Lav -off: The City Manager may lay off employees in the competitive service because of change in duties or organization or shortage of work or funds. The City Manager will designate classifications from which layoffs shall or will be made. (a) Notification: Employees to be laid off shall be given, whenever possible, at least ten (10) calendar days prior notice. (b) Order of Layoff: Employees shall be laid off in the inverse order of their seniority in their classification in the department. Seniority shall be determined based upon date of hire in the classification and higher classifications in the department. A lay off out of the inverse order of seniority may be made if, in the City's judgment, retention of special job skills is required. Within each class designated for layoff, employees shall be laid off in the following order, unless special skills are required: temporary, intermittent and seasonal part-time, part-time hired after October 18, 2005, probationary, part-time regular, full-time regular. In cases where there are two or more employees in the classification in the department from which the layoff is to be made who have the same seniority date, such employees shall be laid off on the basis of the last evaluation rating in the class, providing such rating has been on file at least thirty (30) days and no more than twelve (12) months prior to lay off, in the following order: 54 (1) All employees having ratings of "Needs Improvement" or "Does Not Meet Expectations;" (2) All employees having ratings of "Meets Expectations;" (3) All employees having ratings of "Consistently Exceeds Expectations" or "Frequently Meets and Exceeds Expectations." (c) Re-employment Rights for Laid -off Employees: Regular employees, who have received a satisfactory or better evaluation for the twelve (12) months prior to lay off, have completed their probationary period and who have been laid off shall be automatically placed on a re- employment list for one year for the classification from which they were laid off. Section 4. Resignation: An employee wishing to leave City employment in good standing shall file with the Department Director or Division Manager at least ten (10) working days before leaving the service, a written resignation stating the effective date. Failure to give such notice shall mean the employee did not terminate in good standing, unless the City Manager has waived the two-week notice requirement. Failure to comply with this rule shall be entered on the service record of the employee and may be cause for denying future employment by the City. A resignation becomes final when accepted by the City Manager and cannot be withdrawn. Section 5. Reinstatement: A regular employee who has resigned, or has otherwise been separated while in good standing, may for a period of two (2) years after resignation or separation be considered for reinstatement, upon recommendation of the Department Director and approval of the City Manager, to a position in the former employee's same or comparable classification or a lesser classification provided such a position is vacant and available. The employee shall be reinstated to the salary range and step held at the time of resignation or separation and shall receive a new anniversary date which shall be the first date of employment upon reinstatement. The employee will serve a new probationary period. 55 RULE XVI REPORTS AND RECORDS Section 1. General: The City maintains a personnel file on each employee. An employee's personnel file shall contain only material that is necessary and relevant to the administration of the City's personnel program. Personnel files are the property of the City, and access to the information they contain is restricted. Section 2. NotifVinq City of Changes in Personal Information: Each employee is responsible to promptly notify the employees supervisor and the City Manager's designee of any changes in relevant personal information, including but not limited to: ® Mailing address ® Telephone number ® Persons to contact in emergency ® Number and names of dependents Section 3. Location of Personnel Files: The personnel files will be kept secure and confidential by the Human Resources Manager. Section 4. Medical Information: (a) Separate Confidential Files. All medical information about an employee or applicant is kept separately and is treated as confidential, in accordance with federal and state law. (b) Information in Medical Files. The City will not obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act and Health Insurance Portability and Accountability Act. To enable the City to obtain certain medical information, the employee or applicant may need to sign an authorization for release of employee medical information. (c) Access to Medical Information. Access to employee or applicant medical information shall be strictly limited to only those with a legitimate need to have such information for City business reasons. In the case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations. Section 5. References and Release of Information in Personnel Files: (a) Public Information: Upon request, the City will release to the public information about its employees as required by the Public Records Act. 56 The City will not disclose personnel information that it considers would constitute an unwarranted invasion of personal privacy. (b) Reference Checks: All requests from outside the City for reference checks or verification of employment concerning any current or former employee must be referred to the City Manager's designee. Information will be released only if the employee signs an authorization for release of employment information, except that without such authorization, the following limited information will be provided: dates of employment, job title and salary upon departure. Managers and supervisors should not provide information in response to requests for reference checks or verification of employment, unless specifically approved by the City Manager on a case-by-case basis. Section 6. Employee Access to Personnel File: An employee may inspect his or her own personnel file at reasonable times and at reasonable intervals. An employee who wishes to review his or her file should contact the Human Resources Manager to arrange an appointment. The review must be done in the presence of a Human Resources staff member. Section 7. Destruction of Records: Personnel files, payroll records, records relating to personnel recruitment, including correspondence, applications, examinations, and reports may be destroyed in accordance with the City's Records Retention Schedule maintained by the City Clerk's Office. 57 Section 1. Definition: (a) Grievance: Except as otherwise excluded, a grievance is a written allegation by an employee, submitted as herein specified, claiming violation(s) of the terms of these Rules and for which there is no other specific method of review provided by City law. Disputes concerning the applicability of the Grievance Procedure that persist through the third level of review shall be submitted for determination by a court, unless the grievant and the City agree otherwise. (b) Grievant: A grievant is an employee or group of employees adversely affected by an alleged violation of these Rules. (c) Day: A day is any day the City is open to the public, i.e. any day except Saturdays, Sundays, and legal holidays recognized by the City. (d) Exclusions: (1) The procedure is not to be used for the purpose of resolving complaints, requests or changes in wages, hours and working conditions. (2) The procedure is not to be used to challenge the content of employee evaluations or performance reviews. (3) The procedure is not to be used to challenge the decision to reclassify, layoff, deny reinstatement, or deny a step or merit increase to an employee. (4) This procedure is not to be used in cases of oral reprimand, written reprimand, reduction in pay, demotion, suspension, or termination. (5) This procedure is not to be used to challenge violation of law or past practice. (6) This procedure is not to be used to challenge examinations or appointment to positions. 61.1 Section 2. Procedure: Step 1 - Informal Discussion: The grievant shall discuss the grievance with his/her immediate supervisor on an informal basis in an effort to resolve the grievance. The grievance will be considered waived if not presented to the immediate supervisor within ten (10) working days following the day the event occurred upon which the grievance is based. The immediate supervisor shall respond within five (5) working days following the meeting with the grievant. Failure of the immediate supervisor to respond within such time limit shall entitle the grievant to process the grievance at the next step. Step 2: First Level of Review: If the grievance is not settled at Step 1, the grievant may submit the grievance in writing to his/her supervisor within five (5) working days of the receipt of the grievance response at Step 1 or if no response, within five (5) working days of the time in which the supervisor was supposed to respond. Failure of the grievant to deliver the written grievance within this time period shall constitute a waiver of the grievance. The supervisor shall meet with the grievant and a written decision and statement of facts and issues shall be rendered to the grievant within ten (10) working days from the date of the written grievance. Failure of the supervisor to respond within such time limit shall entitle the grievant to process his/her grievance at the next level of review. Ste 3 Department Director or Division Manager Review (Second Level): If the grievance is not settled at Step 2, the grievant may submit the grievance to the Department Director or Division Manager within five (5) working days of receipt of the Step 2 grievance response or if no response, within five (5) working days of the time in which the supervisor was supposed to respond. Failure of the grievant to deliver such written notice within that time period shall constitute a waiver of the grievance. The Department Director shall meet with the grievant, and a written decision and statement of facts and issues shall be rendered to the grievant and representative, if any, within ten (10) working days from the date of service. Failure of the Department Director or Division Manager to respond within such time limit shall entitle the grievant to process the grievance at the next level of review. Step 4� City Manager Review (Final Level): If the grievance is not settled at Step 3, the grievant may serve written notice of the grievance to the City Manager within five (5) working days following receipt of the grievance response at Step 3 or if no response, within five (5) working days of the time in which the Department Director was supposed to respond. Failure of the grievant to serve such notice within that time period shall constitute a waiver of the grievance. The City Manager shall meet with the grievant and a written decision and statement of facts and issues shall be rendered to the grievant and representative, if any, within fifteen (15) working days from the date of service. The City Manager's decision shall be final. W Section 3. Right of Grievant to Representation: The grievant has the right to be represented by any person or attorney he/she may select during the various stages of the grievance procedure. Section 4. Retaliation: Employees shall be insured freedom from retaliation for using the grievance procedure. 60 FREXAMIN Section 1. Types of Disciplinary Action: Disciplinary actions range from informal counseling conversations to termination; provided, however, that counseling, oral warnings and written reprimands are not subject to the appeal procedures set forth in this Rule. Progressive discipline is the corrective process of applying penalties short of termination, or long-term demotion or suspension where conduct is of a less serious nature and the employee has not repeatedly engaged in such conduct. The nature of such discipline should be appropriate to the conduct and need not begin with the least serious disciplinary action. Acceptance of the principle of progressive discipline does not limit the City's authority to take appropriate action including termination, demotion or suspension for serious offenses which cannot and will not be condoned. (a) Counseling: An informal discussion with an employee to clarify standards, evaluate strengths and weaknesses, or assist in clarifying and remedying a performance or behavior problem. The employee's supervisor shall make written record of the counseling for the employee and for their own supervisor's file. (b) Oral Warning: A formal discussion with an employee, usually by the employee's immediate supervisor, about performance or conduct problems, the need for the employee to improve and what specific improvement is expected. The employee's supervisor shall make a written record of the warning for the employee and the employee's personnel file. The employee may respond in writing to the oral warning within fourteen (14) days. The response will be placed in the personnel file with the oral warning. (c) Written Reprimand: A formal written notice to the employee regarding performance or conduct problems, the need for the employee to improve and what specific improvement is expected. The written reprimand goes in the employee's personnel file with a copy to the employee. The employee may respond in writing to the written reprimand within fourteen (14) days. The response will be placed in the personnel file with the written reprimand. (d) Suspension: Removal of an employee from duty without pay for a specified period. (e) Reduction in Pay: A reduction in pay from the employee's current step within a pay range to a lower step within that same pay range. (f) Demotion: A reduction in status and salary from one classification to another classification having a lower salary range. 61 (g) Dismissal or Discharge: Separation from employment of an employee for cause. Section 2. Grounds for DisciplinarV Action Involvinq Regular Employees: The following are examples of performance or behavior that may result in disciplinary action. This listing is representative and does not exhaust all possible situations in which disciplinary action may be required. Grounds for discipline include, but are not limited to, the following: (a) Fraud in securing employment or making a false statement on an application for employment. (b) Incompetence; i.e., the inability to comply with the minimum standard of an employee's position for a significant period of time. (c) Inefficiency or inexcusable neglect of duty, i.e., failure to perform duties required of an employee within his/her position. (d) Willful disobedience or insubordination, a willful failure to submit to or comply with duly appointed and acting supervision or to conform to duly established orders or directions of persons in a supervisory position or insulting or demeaning a supervisor or manager. (e) Dishonesty or theft. (f) Possession, distribution, sale, use, or being under the influence of or impaired from performance of duty because of alcohol or "controlled substances" while on duty or while operating a City vehicle or impaired from or potentially dangerous equipment leased or owned by the City. (g) Excessive absenteeism. (h) Inexcusable absence without leave. (i) Abuse of sick leave, i.e., taking sick leave without a doctor's certificate when one is required, or misuse of sick leave. Q) The conviction of either a misdemeanor or a felony related to the position held, or commission of a crime of moral turpitude, may constitute grounds for disciplinary action up to and including termination. The record of conviction will be conclusive evidence of the fact that the conviction occurred. The City Manager may inquire into the circumstances surrounding the commission of the crime in order to support the degree of discipline. A plea or verdict of guilty, or a conviction showing a plea of nolo contendere, is deemed to be a conviction within the meaning of this Section. I -S (k) Discourteous treatment of the public or other employees. (1) Improper or unauthorized use of agency property or funds. City property includes, but is not limited to, physical property, tools, equipment, City communications systems or Information Technology systems, City vehicles or intellectual property. (m) Refusal to subscribe to any oath or affirmation which is required by law in connection with City employment. (n) Any willful act or conduct undertaken in bad faith, either during or outside of duty hours, which is of such a nature that it causes discredit to the City or to, the employee's department or division. (o) Inattention to duty or negligence in the care and handling of City property. (p) Violation of the rules and regulations of any department. (q) Mental or physical impairment which renders the employee unable to perform the essential functions of the job, with or without reasonable accommodation (if disabled), or without presenting a significant current risk of substantial harm/threat to the health and/or safety of self or others. (r) Outside employment not specifically authorized. (s) Acceptance from any source of a reward, gift, or other form of remuneration beyond the employee's regular compensation for the performance of his or her job duties in violation of the policy stated in Rule XXII, Section E. (t) The refusal of any officer or employee of the City to testify under oath before any Grand Jury having jurisdiction over any then pending cause of inquiry into the conduct of City affairs. (u) Willful violation of any of the provisions of an ordinance, resolution, rule, regulation or policy prescribed by the City. (v) Improper political activity as described in Rule III, Section 3. (w) Working overtime without express prior authorization from an authorized supervisor. (x) Unauthorized use, possession, conveyance or storage of weapons, firearms, or explosives on City property. 63 (y) Making false or malicious statements concerning any employee, the City, or the City's policies or practices. (z) Altering, falsifying, or tampering with time records, or recording time on another employee's time record. (aa) Falsifying any City record. (bb) Disclosure of confidential information to any unauthorized person or entity. (cc) Stealing, sabotage, willful damage, abuse or destruction of City property, tools or equipment, or the property or equipment of a supplier, customer or another employee, or failure to report any of the above, including removal of City property or the property of others without proper authorization. (dd) The use of abusive or threatening language toward fellow employees, supervisors, suppliers, customers, or citizens. (ee) Fighting, coercing, interfering with, or threatening bodily injury to other employees, supervisors, suppliers, customers, or citizens. (ff) Unauthorized sleeping during assigned working hours. (gg) Failure to observe City working hour schedule(s), starting time(s), quitting time(s), rest and meal periods. (hh) Sexual or discriminatory harassment. Job abandonment (workdays absent from duty without supervisory notification). (jj) Violation of any law, statute or ordinance. (kk) Inappropriate use of the intranet, internet, or e-mail in accordance with the City's Information Systems Usage Policy. (II) Inappropriate attire. (mm) Taking City vehicles/equipment home for personal use. (nn) A suspension, revocation, cancellation or disqualification of a driver's license when a driver's license is required for the position. (oo) Failure to report an industrial injury or vehicle accident while on City time. 64 Section 3. Procedures for Taking Disciplinary Action: A Department Director may place an employee on administrative leave with pay pending a potential disciplinary action with the City Manager's approval: (1) when the Department Director believes that the employee's continued presence at the work site could have detrimental consequences for City operations, or (2) pending investigation into charges of misconduct. If the charges against the employee are substantiated by the investigation, appropriate disciplinary action including and up to termination may be taken in accordance with these procedures. (a) Oral Warning: Following a formal discussion, a supervisor or manager will summarize the oral warning, provide the summary to the employee and place it in the employee's department and official personnel file. The employee may within fourteen (14) days of receipt of the oral warning file a written response for placement in the personnel file. (b) Written Reprimand: A written reprimand will be prepared, discussed with and given to the employee. A copy will be given to the employee and placed in the employee's official personnel file. The employee may within fourteen (14) days of receipt of the written reprimand file a written response for placement in the personnel file. (c) Suspension/Reduction in Pay/Demotion/Dismissal of Regular Employees: (1) Notice of Proposed Discipline: Whenever the appropriate authority intends to suspend an employee, reduce the employee in pay, demote the employee or dismiss the employee, the appropriate authority will give the employee a written notice of proposed discipline which sets forth the following: a. The disciplinary action being proposed; b. The specific charges upon which the action is based; C. A summary of the facts upon which the charges are based; d. Identification of all rules, regulations, or policies allegedly violated; e. A copy of all documents upon which the discipline is based; Notice of the employee's right to respond to the charges either orally or in writing to the appropriate authority; 65 Section 4. g. The date, time and person before whom the employee may respond; orally, or the due date for any written response. h. Notice that failure to respond at the time specified will constitute a waiver of the right to respond prior to final discipline being imposed; i. The employee's right to representation. (2) Response by Employee: The employee will have the right to respond to the appropriate authority orally or in writing within five (5) working days. The employee will have a right to be represented at any meeting set by the appropriate authority to hear the employee's response. The employee's response will be considered before final action is taken. (3) Final Notice: After receipt and consideration of the employee's response or the expiration of the employee's time to respond, the appointing authority or designee will: (1) dismiss the proposed discipline and take no disciplinary action against the employee, (2) modify the recommended disciplinary action, or (3) uphold the recommended disciplinary action. The appointing authority shall therefore prepare and serve upon the employee a Final Notice of Disciplinary Action. The Final Notice of Disciplinary Action will include the following: a. The disciplinary action taken, if any; b. The effective date of the disciplinary action; C. Specific charges upon which the action is based; d. A summary of the facts upon which the charges are based; e. The written documents upon which the disciplinary action is based; f. A response to whatever presentation was submitted by the employee; g. The employee's right to appeal. Appeal Rights: A regular employee will have the right to appeal a suspension, reduction in pay, demotion, or dismissal. 66 Section 5. Method of Appeal: Appeals shall be in writing, signed by the employee (appellant), and filed with the City Manager within five (5) working days after receipt of the Final Notice of Disciplinary Action. The appeal shall be a written statement, addressed to the City Manager admitting or denying each of the charges in the final notice and reasons why the final action should be reversed or modified. The formality of a legal pleading is not required. Section 6. Notice: Upon the filing of an appeal, the City Manager shall set a date for a hearing. The City shall notify all interested parties of the date, time and place of the hearing at such place as the City Manager shall prescribe. Section 7. Subpoenas: Subpoenas for witnesses to appear or for documents shall be issued only upon receipt by the City Manager of a written request thereof or, setting forth the names and addresses of the witnesses desired to be subpoenaed. Section 8. Subpoenas - Issuance: Subpoenas for witnesses or documents shall be issued only at direction of the City Manager. Section 9. Hearings: The appellant shall appear personally, unless physically unable to do so, before the City Manager, at the time and place of the hearing and may be represented by any person(s) or attorney(s) he/she may select and may, at the hearing, produce on his/her behalf, relevant oral and/or documentary evidence. At the commencement of any such Hearing, or at any time prior to the commencement thereof, the City Manager may specify the order of procedure for any such hearing. Except as otherwise directed, the order of procedure for any such hearing shall be as follows: (a) The Department Director or officer having appointing power shall be designated the respondent for the purpose of the hearing. The respondent shall present testimony or evidence in support of the statement of charges against the employee. Such evidence may be presented in the form of oral testimony, documents or demonstrative evidence. The employee shall have the right of cross examination of witnesses. (b) The employee challenging the discipline shall be designated the appellant for the purpose of a hearing. Upon completion of the respondent's initial presentations the appellant shall be accorded an opportunity to present testimony documents or administrative evidence in answer to the statement of charges against him/her. Respondent shall have the right to cross-examine witnesses. (c) The respondent and appellant may then offer rebuttal evidence only, unless the City Manager permits additional evidence to be presented. 67 (d) At the conclusion of the hearing, the City Manager may permit arguments to be made. (e) The conduct and decorum of the hearing shall be under the control of the City Manager, with due regard to the rights and privileges of the parties appearing. Hearings need not be conducted according to technical rules relating to evidence and witnesses but hearings shall be conducted in a manner most conducive to determination of the truth. (f) Oral evidence shall be taken only upon oath or affirmation of the witness. (g) Any relevant evidence may be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. (h) The rules dealing with privileges shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. (i) Irrelevant and unduly repetitious evidence may be excluded. Q) During examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing upon motion of either party. (k) In a disciplinary appeal the employer has the burden of proof by preponderance of the evidence. (1) Hearings and continuances thereof, shall be scheduled and granted to accommodate a fair hearing, but shall not result in undue delay and such scheduling shall remain within the reasonable discretion of the City Manager. (m) The City will provide either a court reporter or another means of recording the hearing. Section 10. Findings and Recommendations: The City Manager shall, within twenty (20) days after the conclusion of the hearing, certify his/her findings and decision in writing to the appellant and to the respondent. This shall be the final administrative decision. �:l UJOIK PIL411 Section 1. General: Performance evaluation is the process of evaluating and recording the performance of each employee. The performance evaluation is best used: (a) To maintain a high level of efficiency or assist in raising efficiency by commending the employee. (b) To indicate to the employee those points in which he/she shows weak performance, and suggest the proper means of raising his/her working performance to the standard level. (c) To inform the employee of good performance. (d) To encourage better working relationships and mutual understanding by letting the employee know where he/she stands with relation to his/her supervisor's evaluation of his/her work. (e) To establish an annual work plan consisting of goals and tasks to be accomplished. Section 2. Responsibility for Evaluation: The Department Director or Division Manager, together with other supervisors familiar with the employee's work, is responsible for proper preparation of the performance evaluation for each employee in that department. The supervisor should carefully review the complete class description, and the goals and objectives for the employee, if any, before beginning each evaluation, to remind himself/herself of what should be expected from the employee, consider each item on the evaluation sheet separately in the light of the column definition, and select the column which best describes the work of the employee in each category. Section 3. Discussion with Employee: The performance evaluation must be discussed with the employee. During the interview, as well as on the form, special attention should be given to discussing specific ways in which the employee can improve his/her performance. An opportunity should also be afforded the employee to comment and bring up any questions he or she may have. Section 4. Schedule: Performance evaluations for probationary employees are to be prepared at the end of the first five (5) months, and after the first eleven (11) months, immediately prior to the completion of the one year probationary period. After the probationary evaluation, an evaluation should be done on an annual basis on the employee's anniversary date. Performance evaluation for employees who are already at the top of their salary range shall continue to be prepared on the employee's anniversary date. This will provide a continuing opportunity for the employee and supervisor to review their annual work plan. re: it is the Section 5. p rop ed rescforuemployees' intent perfomance City eval evaluations. Below areequitable the official guidelines. (a) Employee and supervisor meet to review and discuss the employee's performance evaluation. (b) The employee may respond in writing to the contents of the evaluation. The employee must submit this response to the Department Director or Division Manager within ten (10) working days immediately following receipt of the evaluation. (c) The employee may appeal the performance evaluation to the City Manager. The City Manager shall review the appeal with the employee and the Department Director or Division Manager. The decision shall be rendered in writing within fifteen (15) working days by the City Manager, and the decision of the City Manager shall be final. 70 RULE XX VEHICLE USE Section 1. Use of Private Vehicles: Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Service. Payments shall be based upon the most direct route to and from the destination and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. Section 2. Auto Allowance: Executive and Management Employees and Members of the City Council will receive a monthly car allowance. This stipend will be in lieu of any mileage reimbursement. If additional garage and parking expenses are incurred, they are reimbursable. Employees receiving a monthly auto allowance are eligible for mileage reimbursement in cases of exceptional travel. Exceptional travel is mileage which is in excess of sixty (60) miles beyond the employees' normal commute. Section 3. Use of City Vehicles for Rest or Meal Breaks: The use of City vehicles shall be limited to official City business and employees are prohibited from using a City vehicle to travel to business establishments to conduct personal business (e.g. bank, post office, etc.), activities (e.g. use of a private gym, etc.) or errands (e.g. shopping, dry cleaner, etc.) or to travel to a private residence during rest or meal breaks. Employees may utilize a City vehicle to patronize restaurants and food establishments in the City while in transit or in close proximity to the work site for the purpose of purchasing food and beverages and for restroom facility use. Such use of a City vehicle shall constitute an official rest and/or meal break with travel time included. 71 Section 1. Training: The City Manager and employees of the City are eligible to request specialized training in the form of a symposium, special course, forum, etc., at the City's expense. All training is subject to approval based on available funding. Section 2. Tuition Reimbursement: Subject to Council fiscal year budget authorization, each full-time and regular part-time (on a pro -rated basis) employee shall be entitled to reimbursement in the amount of up to maximum of $1500 per fiscal year for college level or university level educational courses (including tuition and related books) which have been approved by the City Manager or designee as being job-related and of value to the City. Reimbursement under this Section is contingent upon verification of attainment of a letter grade of "C" or better, or in those cases where no letter grade is given, verification of completion of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing the name of the course for which reimbursement is requested. In the case of reimbursement for books for any approved course, a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book, must be submitted. Section 3. Computer Loan Program: Regular Full-time and part-time employees can receive interest-free loans between $250 and $2,500 for the purpose of financing a personal computer, a printer, and/or City -compatible software so employees can gain experience by working with a personal computer away from the office and outside of regular business hours. An employee may purchase a more expensive system, but he/she must pay the balance over $2,500. The loan covers 90% of the total price of the equipment/software being purchased. The employee pays the remaining 10% of the purchase price at the time of purchase. Loans are made on a first-come, first-served basis based on available funds. Once the money for the employee loans has been obligated, the fund will be replenished through payroll deductions from outstanding loans. New loans will then be made as funds become available. Loans will be for a maximum term of 24 months and will be repaid through payroll deductions on a biweekly basis. UPA RULE XXII Section 1. Code of Ethics: (a) Each City officer, official, and employee has an obligation to the citizens, to the people's elected representatives, and to fellow employees to meet the highest ethical and professional standards and to enhance the public's respect and trust for the City government and its operations. (b) Employees of the City have responsibilities unique from their counterparts in the private industry. Employment with the City carries an obligation of personal integrity and conduct that serves to establish public respect, confidence, and trust. (c) Each employee represents the City and the quality of City service is judged through job performance and conduct. The citizens of Diamond Bar have the right to expect that City employees will provide services in an efficient, thorough, and courteous manner. (d) The City, as a condition of employment, expects to receive from the employee: (1) Initiative and a conscientious effort to perform productive work. (2) Cooperative, positive, responsive, and courteous relations with fellow employees, supervisors, subordinates, and the public. (3) A continuous effort to strive for greater knowledge and skill on the job in order to maintain performance at a high level. (4) Compliance with all policies, regulations, rules of conduct, and ordinances established by the City. (5) Public loyalty to and support of the official policies of the City. (6) Responsible work habits demonstrated by: a. Dependability, promptness, reliable attendance, and performing required duties competently, b. Keeping informed of developments and matters affecting job performance, C. Being flexible and adaptable to change, 73 Accepting constructive suggestions and criticism. (7) Neat and clean grooming and attire appropriate to the job assignment. Prescribed uniforms and safety equipment must be worn where required. (e) No employee will accept a fee, compensation, gift, payment of expenses or any other thing of monetary value, outside of a City salary and benefits, in exchange for the performance of the employee's work duties or in any circumstances in which acceptance may result in or create the appearance of any one or more of the following: (1) Use of public office and/or employment for personal or private gain. (2) Preferential treatment of any person. (3) Loss of complete independence or impartiality. (4) Making a City decision outside of official channels. (5) Reduction of public confidence in the integrity of City government and/or its employees. (6) Impeding government efficiency or economy. Section 2. Harassment Policy: (a) Purpose: The City is committed to providing a work environment free of discriminatory harassment. The purpose of this policy is to define discriminatory harassment including sexual harassment, to prohibit the condoning or perpetuating of such conduct and to provide an efficient means for reporting and resolving complaints of harassment by or against any employee or applicant or from a person providing services pursuant to a contract. This policy also applies to elected and appointed officials. (b) General Policy: The City's policy strictly prohibits discriminatory harassment on the basis of any protected category listed in Rule III, Section 1. The City considers discriminatory harassment a serious offense and is firmly committed to the philosophy that every employee has the right to work in an environment free from discriminatory intimidation, ridicule and insult and to be treated with courtesy, dignity and respect. Every employee is expected to adhere to a standard of conduct that is respectful to all persons within the work environment. IL! This Policy applies to all terms and conditions of employment, including but not limited to hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, training opportunities and compensation. Employees who violate this Policy may be subject to disciplinary action up to and including termination. The sexual harasser may be found personally liable to the victim of the harassment. Sexual harassment is outside the course and scope of employment, meaning that an employee found liable for sexual harassment is not entitled to a defense or indemnity from the City in any action brought by the victim. (c) Prohibited Conduct: The City's policy prohibits the following types of conduct: (1) Harassment: Harassment is any type of verbal or physical conduct based on an employee's membership in a protected category as defined in Rule III, Section 1 that affects an employee's work performance negatively and/or alter the conditions of employment and create an intimidating, hostile or otherwise offensive working environment. Itneed not be explicit, or even specifically directed at the victim. Sexually harassing conduct can occur between people of the same or different genders. (2) Sexual Harassment: Sexual harassment is defined as follows: any action that constitutes an unwelcome sexual advance or request for sexual favors, or any verbal, visual or physical conduct of a sexual nature that is (i) related to or a condition to the receipt of employee benefits, including, but not limited to, hiring and advancement, (ii) related to or forms the basis for employment decisions affecting the employee, (iii) affects an employee's work performance negatively and/or alter the conditions of employment and create an intimidating, hostile or otherwise offensive working environment. Romantic or sexual relationships between supervisors and subordinate employees are discouraged. There is an inherent imbalance of power and potential for exploitation in such relationships. The relationship may create an appearance of impropriety and lead to charges of favoritism by other employees. A welcome sexual relationship may change, with the result that sexual conduct that was once welcome becomes unwelcome and harassing. Examples of the type of conduct that can constitute unlawful harassment or sexual harassment include, but are not limited to, the following: V11 Verbal: Inappropriate or offensive remarks, slurs, jokes or innuendoes based on protected categories as defined in Rule III, Section 1. This may include, but is not limited to, inappropriate comments regarding an individual's body, physical appearance, attire, sexual prowess, marital status, pregnancy or sexual orientation; unwelcome flirting or propositions; demands for sexual favors; verbal abuse, threats or intimidation of a sexual nature; or sexist, patronizing or ridiculing statements that convey derogatory attitudes about a particular gender. Physical: Inappropriate or offensive touching, assault, or physical interference with free movement when directed at an individual on the basis of actual or perceived protected categories as defined in Rule III, Section 1This may include, but is not limited to, kissing, patting, lingering or intimate touches, grabbing, massaging, pinching, leering, staring, unnecessarily brushing against or blocking another person, whistling or sexual gestures. Visual or Written: The display or circulation of offensive or derogatory visual or written material related to protected categories as defined in Rule III, Section 1. This may include, but is not limited to, posters, cartoons, drawings, graffiti, reading materials, computer graphics or electronic media transmissions. Environmental: A work environment that is permeated with sexually - oriented talk, innuendo, insults or abuse not relevant to the subject matter of the job. A hostile environment can arise from an unwarranted focus on sexual topics or sexually suggestive statements. An environment may be hostile if unwelcome sexual behavior is directed specifically at an individual or if the individual merely witnesses unlawful harassment in his or her immediate surroundings. The determination of whether an environment is hostile is based on the totality of the circumstances, including such factors as the frequency of the conduct, the severity of the conduct, whether the conduct is humiliating or physically threatening, and whether the conduct unreasonably interferes with an individual's work. (d) Provisions: (1) Prohibited Supervisory or Managerial Behavior: No supervisor, manager, or other authority figure shall condition any employment, employee benefit, or continued employment with the City on an applicant's or employee's acquiescence to any of the behavior described in Section 3 above. No supervisor, manager, or other authority figure shall retaliate against any applicant, or employee, because that person has rcy opposed a practice prohibited by this policy or has filed a complaint, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing. (2) Behavior Prohibited by all Persons: No person in City Hall or any other City workplace shall create a hostile or offensive work environment for any other person by engaging in any discriminatory harassment or by tolerating it on the part of any employee. No person in City Hall or any other City workplace shall assist any individual in doing any act that constitutes discriminatory harassment against any City employee. No person in City Hall or any other City workplace may retaliate against any employee because that person has opposed a practice prohibited by this policy or has filed a complaint, testified, assisted or participated in any manner in an investigation proceeding or hearing conducted by an authorized investigator. No person shall destroy evidence relevant to an investigation of harassment discrimination. (3) Obligations of Supervisors/Managers: Any supervisory staff members receiving a complaint of harassment, whether formal or informal or whether oral or written, or observing or otherwise being made aware of an incident of harassment, must inform the Human Resources Manager, Assistant City Manager, or the City Manager of such complaint or incident. In accordance with California law, all supervisory or management employees will receive sexual harassment training every two years. A copy of this policy shall be provided to all City employees. The Human Resources office shall make available upon request information from the Department of Fair Employment and Housing and the Equal Employment Opportunity Commission about filing claims of sexual harassment with these entities. (4) Obligations of All Employees: On an annual basis all employees will be required to review the harassment policy and sign a form which acknowledges that they have read and understand the City's harassment policy and complaint procedure. All employees should report any conduct, which fits the definition of discriminatory harassment, to their immediate supervisor or rrN appropriate authority figure. This includes conduct of non- employees, such as sales representatives or service vendors or harassing conduct toward such contractors. All persons should report to their supervisor, manager or the Human Resources Manager any instances of discriminatory harassment that they have directly observed, whether or not reported by the employee who is the object of the harassment. All employees shall cooperate with any investigation of any alleged act of discriminatory harassment conducted by the City or its agents. (5) Investigative Action: The City Manager's designee shall authorize the investigation or conduct the investigation of any incident of alleged discriminatory harassment reported to them. The investigation shall be conducted in a way that ensures, to the extent feasible, the privacy of the parties involved. The person designated to investigate shall immediately report in writing the findings of fact to the City Manager's Designee. The designee will determine whether the Policy has been violated and communicate the conclusion to the complainant. Disciplinary action shall be decided in accordance with these Rules and after consultation with the City Manager's designee. Under no circumstances shall an employee of the City who believes that he or she has been the victim of discriminatory harassment be required to first report that harassment to a supervisor or other authority figure if that person or authority figure is the individual who has done the harassing. Under no circumstances shall a supervisor, manager, or other authority figure retaliate in any way against an employee who has made a complaint or who has provided information as a witness to an incident of alleged harassment. All supervisors and managers are required to maintain confidentiality to the extent possible in communicating or investigating any claims of alleged harassment. (e) Complaint Form: The more time that passes after an incident of harassment, the more difficult it is to investigate. Complaints should be made as soon as possible. The initial report may be oral or written, but do a written and signed statement will better assist in the investigation process. Your notification to the City is essential. The City cannot respond to a harassment problem if the problem is not brought to our attention. You may be assured that you will not be penalized in any way for reporting discriminatory harassment or other harassment problems. Complaint forms are available in Human Resources or a written statement can be submitted but must include the following information: (1) The employee's name, department and position title (2) The name of the person or persons committing the harassment, including their title(s) if known. (3) The specific nature of the harassment, how long it has gone on, and any employment action (demotion, failure to promote, dismissal, refusal to hire, transfer, etc.) taken against the victim as a result of the harassment (if applicable), or any other threats made against the victim as a result of the harassment. (4) Witnesses to the harassment. (5) Whether the victim previously has reported such harassment and, if so, when and to whom. 79 • • • All complaints will be investigated in accordance with procedures detailed in the Harassment Policy. The City respects the employees/individuals right of confidentiality however, disclosures may be done on a need to know basis. NAME: TITLE: DEPARTMENT: TODAY'S DATE: DATE OF OCCURRENCE(S): Please identify the individual who is doing the harassing/discriminating. Include name(s) and job title(s): Please detail the behavior which you are reporting - including all individuals involved, location, time, and any witnesses. If there are multiple occurrences, detail each. Describe the incident, the participants, the background to the incident and any attempts you have made to solve the problem. Be specific, i.e. detail actions, not attitudes or opinions — "he/she put their right hand on my left shoulder; not "he/she makes me feel uncomfortable": Please identify others who are aware of this behavior and how they are aware: RE Please identify and provide any written documents relevant to this complaint, i.e. diaries, journals, letters, emails, etc.: Are you aware of others who have similar complaints? Is there a suggestion for resolution for this matter and/or a desired outcome? Was this harassment previously reported? yes no If checked "yes" above, state when and to whom: Thank you for providing as detailed information as you are able. Please attach copies of relevant documentation. You may use additional paper if necessary. You will be informed in writing of the results of the investigation. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Signature of Complainant a Date Section 3. Workplace Substance Abuse Prevention Policv: (a) Purpose: The purpose of this policy is to provide guidelines for all employees to deal effectively with substance abuse and its effects in the workplace. Employees are expected to be in suitable mental and physical condition, perform their jobs satisfactorily, and behave appropriately. Should the use of alcohol or drugs interfere with these expectations, employees may be offered rehabilitative assistance. Failure to meet these expectations could result in disciplinary action. (b) Policy: It is the City's policy that employees shall not be under the influence of or in unlawful possession of alcohol or other illegal drugs or controlled substances while on City property, at work locations, or while on duty either on City property or elsewhere; shall not utilize such substances when they are assigned to be on call for duty; shall not possess, provide or sell illegal drugs to any other employee or to any person while on duty; nor have their ability to work impaired as a result of the use of alcohol or illegal drugs. While use of medically prescribed medications and drugs is not per se a violation of this policy, the employee must notify his/her supervisor, before beginning work, when taking medication or drugs (including the possible effects of taking such medication or drugs) which the employee believes may interfere with the safe and effective performance of duties or operation of equipment. In the event there are questions regarding an employee's ability to safely and effectively perform assigned duties while using such medication or drugs, clearance from their physician may be required. City employees are prohibited from drinking alcoholic beverages during working hours (including lunch hours and breaks), while on City premises at any time, while driving a City vehicle during regular working hours, while on official City business. The consumption of alcohol by City employees may be allowed only at designated City facilities during certain special City functions and with prior authorization by the City Manager. In order to promote a safe, productive and efficient workplace, the City has the right to search and inspect all City property, including but not limited to lockers, storage areas, furniture, City vehicles, and other places under the common control of the City. No employee has any expectation of privacy in any City building, property, or vehicle or in using any City communications systems. Employees with drug or alcohol problems are encouraged to seek assistance. Seeking assistance for such a problem before a positive drug and alcohol test will not jeopardize an employee's job. I -PA (c) Employee Responsibilities: An employee must: (1) Not report to work while impaired, or under the influence of drugs or alcohol or controlled substance; NOTE: "Under the influence of drugs or alcohol" means: the use of any alcoholic beverage or any illegal drug or substance, or the misuse of any prescribed drug, in a manner and to a degree that impairs the employee's work performance or ability to use City property or equipment safely. (2) Notify his/her supervisor, before beginning work, when taking any medications or drugs, prescription or nonprescription, which may interfere with the safe and effective performance of duties or operation of City equipment. (3) Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours, rest periods, or at any time while on City property; (4) Not directly or through a third party sell or provide drugs or alcohol to any person, including any employee, while either employee or both employees are on duty; (5) Immediately complete and sign a consent form (see drug testing prerequisite) and submit to an alcohol and drug test when requested to do so by the employee's supervisor or manager. (6) Provide within 24 hours of request bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen/test is positive. The prescription must be in the employee's name. (7) Report any conviction under a criminal drug statute to the City Manager within five (5) days of such conviction. (d) Procedure: When an employee's supervisor and a second employee or supervisor observe an employee's actions that lead them to reasonable individualized suspicion to believe that an employee may be under the influence of alcohol or drugs, and/or is exhibiting signs of impairment, that employee may be directed to a City designated medical evaluation. This medical evaluation will be conducted in order to determine if in fact that employee has evidence of alcohol and/or drugs in his/her system. "Reasonable individualized suspicion" is based on objective factors, such as behavior, speech, body odor, appearance, or other evidence 1.193 of recent drug or alcohol use which would lead a reasonable person to believe that the employee is under the influence of drugs or alcohol at work. In order to receive authority to test, the supervisor must record the factors that support reasonable suspicion and discuss the matter with the Human Resources Manager and Department Director. If there is a reasonable suspicion of drug or alcohol abuse at work, the employee will be relieved from duty and placed on sick leave until the test results are received. Reasonable suspicion may be justified by among other things, one or a combination of any of the following indicators: Bloodshot or watery eyes Slurred speech Alcohol on breath Physical and/or verbal altercation Inability to walk a straight line An accident involving City property or vehicle Possession of drugs or alcohol Frequent absenteeism Confusion/difficulty in concentration Noticeable change in behavior Drowsiness/Lethargy If reasonable individualized suspicion pertaining to the use of drugs and/or alcohol by an employee is determined during normal working hours, the following steps shall be followed to facilitate the medical evaluation process: Step 1: The supervisor shall contact the Human Resources Office at the earliest available opportunity to discuss the event(s) which led to a belief that an employee acted intoxicated or impaired under the influence of drugs. At that time, it will be determined whether or not sufficient facts exist to indicate that drug or alcohol testing may be appropriate. If the evidence exists for an immediate test, an appointment with a medical facility shall be made to conduct the test. The supervisor shall inform his/her Department Director of this situation. Refusal by an employee to submit immediately to an alcohol and/or drug analysis when directed to do so may constitute insubordination and may be grounds for discipline up to and including termination. The actual type of testing including possible urine or blood screens, will be determined by the Medical Review Officer (MRO.) Step Z: The supervisor, or his/her designee, shall personally drive the employee to the medical facility and wait for the test to be completed. ME Step 3: The employee will then be transported home or, in appropriate situations, to a hospital as deemed necessary by the MRO. The employee will continue receiving pay during this time and disciplinary action will not be administered unless the test results are positive and confirmed. Information obtained through this testing will be treated with strict confidentiality. Step 4: If the employee is found to have alcohol or drugs in his/her system, the supervisor shall meet with the employee to give the employee an opportunity to explain. The supervisor shall encourage the employee to seek professional assistance in dealing with any drug or alcohol problem. The employee's medical group may provide the needed drug/alcohol counseling. Also, the City can provide a referral for an employee who is seeking professional assistance in the matter. The City may require alcohol or drug screening following any work-related accident or any violation of safety precautions or standards, regardless of whether an injury resulted from the accident or violation, provided that the "reasonable suspicion" factors described above are present. Should an incident arise after normal work hours (i.e., overtime, official City business, etc.), the above procedures should be followed with the exception of contacting the Human Resources Office. The City's Substance Abuse Prevention Policy is not intended to be, and shall not be, used as a tool for harassing any employee or group of employees. When employees are required to submit to testing for suspected substance abuse, it shall be only for reasons set forth in this policy. (e) Documentation: Records pertaining to job performance, attendance, and behavior shall be maintained in the employee's personnel file. Records related to a drug or alcohol test or any medical diagnosis will be kept in a separate medical file. (f) Disciplinary Action: The City views the use, possession, transfer, or sale of alcohol or drugs or controlled substance to be in violation of this policy and may subject the employee to disciplinary action up to termination in accordance with these Rules. If an employee tests positive for alcohol and/or drugs, disciplinary action including and up to termination may result. (g) Follow Up: Should the results of an employee alcohol/drug test be positive, the following steps shall occur: (1) The Department Director will have a discussion with Human Resources to determine the type of disciplinary action, if any, which would be most suitable or to evaluate an alternative to discipline. Should the results of the alcohol/drug testing be negative: (1) The employee is free to return to the workplace and assume his/her regular job duties. (2) No further action will be taken. Section 7. Policy Against Retaliation (a) Policy: It is the policy of the City to prohibit the taking of any adverse employment action against those who in good faith report, oppose, or participate (as witnesses or accused) in investigations into complaints of alleged violations of City policy or state or Federal law in retaliation for that reporting, opposition, or participation. Disciplinary action, up to and including termination, will be taken against an employee or officer who is found to have violated this policy. Any elected official or contractor who violates this policy will be subject to appropriate sanctions. (b) Policy Coverage: This policy prohibits City officials, officers, employees, or contractors from retaliating against applicants, officers, officials, employees, or contractors because of any of the protected activity as defined herein. (c) Definitions: (1) 'Protected activity" includes any of the following: • Filing a complaint with a federal or state enforcement or administrative agency. • Participating in or cooperating with a federal or state enforcement agency that is conducting an investigation of the City regarding alleged unlawful activity. • Testifying as a party, witness, or accused regarding alleged unlawful activity. Associating with another employee who is engaged in any of the protected activities enumerated here. Making or filing an internal complaint with the City regarding alleged unlawful activity. E • Providing informal notice to the City regarding alleged unlawful activity. (2) "Adverse action" includes any of the following: • Real or implied threats of intimidation to attempt or prevent an individual from reporting alleged wrongdoing or because of protected activity. • Refusing to hire an individual because of protected activity. • Denying promotion to an individual because of protected activity. • Taking any form of disciplinary action because of protected activity. • Issuing a poor evaluation because of protected activity. • Extending a probationary period because of protected activity. • Altering work schedules or work assignments because of protected activity. (d) Complaint Procedure: An applicant, employee, officer, official, or contractor who feels he or she has been retaliated against in violation of this Policy should immediately report the conduct according to the City's Harassment Complaint procedure so that the complaint can be resolved fairly and quickly. M CITY COUNCIL Agenda,' 8.1 Meeting Date: AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma ag TITLE: FIRST READING OF AN ORDIN NCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTIONS 2.20.040 AND 2.20.070 OF CHAPTER 2 OF THE DIAMOND BAR CITY CODE RELATING TO THE ADMINISTRATION OF A PERSONNEL SYSTEM RECOMMENDATION: Adopt for first reading. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Chapter 2.20, entitled 'Personnel', of the Diamond Bar Municipal Code outlines the administration of a personnel system, which positions are in the competitive service of the City and those that are in an at -will employment relationship. It also sets forth the process for adopting and amending the Personnel Rules and Regulations, contracting for special service and the prohibition on discrimination. This chapter forms the foundation for personnel administration including the development of internal policies and procedures as it relates to the administration of personnel matters, City employee recruitment and selection, classification and compensation, training and development, performance evaluation, employee conduct and discipline. Section 2.20.040 identifies the various positions in the City that are in an "at -will' employment relationship. This means that they are not in the competitive service of the City and can be separated from employment without cause, at any time, and without right of appeal. Because of the nature of their employment relationship, there are certain provisions of personnel administration that do not apply to those serving in an at -will capacity. This section has been updated in the proposed Ordinance to be more clear to identify offices, positions and employments that are not in the competitive service of the City but are, in fact, "at -will'. Since the last amendment to Chapter 2.20 of the Diamond Bar Municipal Code on March 1, 2005, there have been additional classifications and characteristics protected by federal and state law from illegal discrimination. The proposed Ordinance updates Section 2.20.070 to meet the federal and state legal standards as it relates to unlawful discrimination for those employed by the City or seeking employment with the City, including volunteers, interns, City elected and appointed officials, members of City commissions, Boards and Task Forces, contractors, consultants, and/or other non -employees doing business with or for the City. The proposed Ordinance was reviewed and approved by the City Attorney. PREPARED Amy Ha Human Resources Manager EV David D`bBerry City Attorney Attachment: Ordinance XX -2016 ORDINANCE NO. (2016) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING CHAPTER 2.20 ESTABLISHING A PERSONNEL SYSTEM WHEREAS, the City has established a personnel system by adoption of Chapter 2.20 of the Diamond Bar Municipal Code and implementing regulations adopted by way of resolution of the City Council; and WHEREAS, the City Council desires to amend Chapter 2.20 to conform definitions contained therein with existing law and make other modifications to bring greater clarity to the regulations. NOW; THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: SECTION 1. Section 2.20.040, entitled "Competitive Service" and Section 2.20.070 entitled "Discrimination", of Chapter 2, entitled 'Personnel', shall be amended to read as follows: Sec. 2.20.040 At -will Employment. The following offices, positions, and employments are not in the competitive service of the City and are considered to be "at -will': (1) Elective Officers; (2) The City Manager and any assistants or deputies to the City Manager; (3) The City Attorney and any assistants or deputies to the City Attorney; (4) Members of appointive boards, commissions, and committees; (5) Department heads and other management positions so designated by the City Manager, (6) Persons engaged under contract to supply expert, professional, technical or any other services for a definite period of time; (7) Volunteer personnel, who receive no regular compensation from the City; (8) All council -appointed city officers; (9) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; (10) Employees hired for an indefinite term into a budgeted position to work less than 1,000 hours per year; (11) Seasonal part-time employees are employees who work on a seasonal or partial year basis, but less than 1,000 per fiscal year, (12) Intermittent part-time employees are employees who work less than 1,000 hours per fiscal year; (13) Part-time employees working 20 hours or more per week, hired after February 15, 2005; and (14) Any new position created by the City Council, unless declared by the City Council to be in the competitive service at the time of creation or thereafter. (15) Employees under this section shall serve at the will of their appointing authority and either the employee or city may terminate the employment relationship without cause or right to appeal, at any time. Sec. 2.20.070 Discrimination. No City employee or applicant for employment, volunteers, interns, City elected and appointed officials, members of City Commissions, Boards and Task Forces, contractors, consultants, and/or other non -employees doing business with or for the City shall be discriminated against in recruitment, examination, appointment, selection, training, promotion, retention, wages, benefits, discipline, or any other aspect of employment because of race, color, religion, national origin, ancestry, marital status, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), age, physical or mental disability, sexual orientation (including homosexuality,, bisexuality, or heterosexuality), genetic characteristics or information, political or religious opinions or affiliations, union activities or affiliations, taking of FMLA or pregnancy disability leave, religious creed, medical condition, citizenship status, military and veteran status or any other characteristic protected by law. Individuals are protected from discrimination because of familial status or association with, an individual in any of the protected classifications listed above. Other forms of discrimination prohibited by this policy include retaliating against someone for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices. SECTION 2. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 3. The City Clerk shall certify the adoption of this Ordinance and shall cause a certified copy of this Ordinance to be posted within fifteen (15) days afterthis Ordinance is passed and adopted in the office of the City Clerk and two additional public places, including the vote for and against the same, in accordance with Government Code section 36933. SECTION 4. This Ordinance will become effective 30 days after the date of its adoption. ADOPTED this day of March 2016. Nancy Lyons, Mayor ATTEST: Tommye A. Cribbins, City Clerk APPROVED AS TO FORM: David DeBerry, City Attorney I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the _ day of March 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Tommye A. Cribbins, City Clerk City of Diamond Bar EXHIBIT "A" Sec. 2.20.040 At -will Employment The PFeViGieRG Of this Ghapter shall apply to all The following offices, positions, and employments in the service of the city, n ^° tare not in the competitive service of the city and are considered to be "at -will":: (1) Elective Officers; (2) The City Manager and any assistants or deputies to the City Manager; (3) The City Attorney and any assistants or deputies to the City Attorney; (4) Members of appointive boards, commissions, and committees; (5) Department heads and other management positions so designated by the City Manager; (6) Persons engaged under contract to supply expert, professional, technical or any other services for a definite period of time; (7) Volunteer personnel, who receive no regular compensation from the city; (8) All council -appointed city officers (9) Emergency employees who are hired to meet the immediate requirements of an emergency condition, such as extraordinary fire, flood, or earthquake which threatens life or property; (10) Employees hired for an indefinite term into a budgeted position to work less than 1,0400 hours per year; (11) Seasonal part-time employees are employees who work on a seasonal or partial year basis, but Rot mepeless than 1,000 per fiscal year; (12) Intermittent part-time employees are employees who work nn average of 49 V2 hours or less than and than 1,000 hours per fiscal year; (13) Part-time employees working 20 hours or more per week, hired after February 15, 2005. (14) Any new position created by the City Council, unless declared by the City Council to be in the competitive service at the time of creation or thereafter. (15) Employees Rot ^' ded iR the GGMP8titiV8 ^ e under this section shall serve at the will of their appointing authority and either the employee or city may terminate the employment relationship without cause or right to appeal, at any time. Sec. 2.20.070 Discrimination No City employee or applicant for employment, volunteers, interns City elected and appointed officials, members of City Commissions, Boards and Task Forces, contractors consultants, and/or other non -employees doing business with or for the City shall be discriminated against in recruitment, examination, appointment, selection, training, promotion, retention, wages, benefits, discipline, or any other aspect of employment because of race, color, religion, national origin, ancestry, marital status, sex (including gender, gender identity, gender expression, transgender, pregnancy, and breastfeeding), age, physical or mental disability, sexual orientation (including homosexuality, bisexuality, or heterosexuality), genetic characteristics or information, political or religious opinions or affiliations, union activities or affiliations, taking of FMLA or pregnancy disability leave, religious creed, medical condition, citizenship status, military and veteran status or any other characteristic protected by law. Individuals are protected from discrimination because of familial status or association with, an individual in any of the protected investigation, or opposing discriminatory practices. CITY COUNCIL!114a 9� TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man TITLE: Adjourn March 1, 2016 Meeting to arch 22, 2016. RECOMMENDATION: Approve. Agenda # 8 . 2 Meeting Date: March 1, 2016 AGENDA REPORT BACKGROUND: On a yearly basis the City Manager along with the Public Works Director and designated Councilmembers travel to Washington DC to meet with Congressmen and Senators to keep the 57/60 Big Fix on the radar for federal funding. This year staff and three Councilmembers will be attending meetings in Washington during the week of March 14th which conflicts with the March 16th meeting. Since there will be a lack of quorum for the March 16th City Council Meeting and staff has concluded that there will be no pressing matters or public hearings scheduled adjourning the meeting for one week will not cause the City any hardship. Therefore, it is staffs recommendation that at the conclusion of the March 1, 2016 Council Meeting, Mayor Lyons adjourn the March 1St meeting to March 22, 2016 at 6:30 p.m. by. \ Cribbins, City Clerk Reviewed by: Ryan City Manager -14 T - �I f,4.CORP(IRATb9 "" �9 �g It 07i 1)"1191111 110''I'l, •� 1-? 1, tiT -_ �\ TO: CITY CLERK FROM: Pu-, - ,,, ,I Gj 140 DATE: ADDRESS: PHONE: (Optional) AGENDA#/SUBJECT: NMA' MA, (Optional) I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. �y Ai d'. Signatur'e�� This document is a public record subject to disclosure under the Public Records Act. T� TO: CITY CLERK FROM: Go Ct- DATE: 3 4 ADDRESS: PHONE: (Optional) (.Optional) ORGANIZATION: AGENDA#/SUBJECT: /,0,n J- to f --,k °f7h, C�_n I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Si ature This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK FROM: DATE: 3 t' ADDRESS: PHONE: (Optional) (.Optional) ORGANIZATION: V2,'t- AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK e FROM: toso', DATE: ADDRESS: PHONE: (O tional) (.Optional) ORGANIZATION: AGENDA#/SUBJECT: �� CI a �� �✓l I 5 I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. ure ig e — • ° - - -- --' -t- - --- - - ---I _-A_:-- L- �:--'---•-- .—-J-_ILI-- M. A-1:- n„+ 0�a 1121�'�ii `� ��} (_ i_ i. c r }�3 n� V sf �. � � t_ � � i� �i i♦ � "�. ^"? i � ,._. � tr 4.. ,� �'. t , � i_ TO. FROM: ADDRESS: ORGANIZATION: AGENDA/S U BJ ECT: CITY CLERK P—\f-V\C, wJo DATE: Q f PHONE: Optional) 7 (Optional) kU I expect to address the Council on the subject agenda/su reflect my name and address as written above. Please have the Council Minutes Signature This document is a public record subject to disclosure under the Public Records Act. TO: CITY LERK FROM: \ L DATE: % ADDRESS: �&i� &y, J PHONE: (Optional) (Optional) ORGANIZATION: AGENDA#/SUBJECT: expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signatur This document is a public record subject to disclosure under the Public Records Act. TO: CITY CLERK o FROM: P-,EVA10L-1D DATE: �-1-2-01(0 ADDRESS: PHONE: (Optional) (.Optional) ORGANIZATION: AGENDA#/SUBJECT: u L-1 CoX10°vvl�w T- I expect to address the Council on the subject agenda/subject ' em. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act.