Agenda packet — Bell Gardens City Council, September 14, 2026 (part 3 of 3)

(a) With respect to any claim made or Istdr
brought outside the United States of
America, the teargorfes and possessions
of the United States of America. Puerto
Rico and Canailtc
(I) You must arrange to defend the In -
cured" against, end investigate or set-
tle any such claim or "suit" and keep
us advised of alt proceedings and mo-
tions.
(It) Neither you nor any other Involved
Insured' will make any settlement
without our consent.
(I6) We may, at our dl cretton, participate
in defending the 'Insured` against, or
In the settlement of, any claim or
"Bu2".
(iv) We will reimburse the Insured" for
sums that the Insured' regally must
pay as damages because of "bodily
or y damage" to which
this insurance applies, that the 'In -
steed" pays with our consent, but
only up to the Hat described to Para-
graph C., Limits Of insurance, of
SECTION 5 — COVERED AUTOS
LIABILITY COVERAGE.
(v) We will reimburse the "insured' for
the mess nabte expenses incurred
with our consent for your investiga-
tion of such claims and your defense
of the 'Insured' against any such
" uD', but only tp to and Included
within the limit described In Pam
graph C., tknite Of insurance, of

SECTION E - COVERED AUTOS
LIABILITY COVERAGE, and not In
addition to such basil. Our duty to
make such payments ends when we
have used upthe y applicable Mat of
insurance in payments fix damages,
eatllernents or defense expenses.
(b) This insurance ie excess over any valid
and collectible other Insurance available
to the Insured' whether primary, excess,
contingent or on mdty other balls.
(Q) This insurance Is not a substitute for re-
gained or compulsory insurance in any
country outside the United States, Its ter-
ritories and possessions, Puerto Rico and
Canada.
62016 The Trsveras laden* comma. AR rigtes reserved.
hdudss copyrighted =War et Inewersce Gordon t rce, ice. with its l erndst an.

CAT3630215

cONIMERCIAL AUTO
You agree to mint* all required or
for pulsorY insriiaiure in any such cw n-
Vy rip to the mtnlrflufre Drafts nequkred by
locell law: Your faffure • to comply with
RosnPulee y itestaumjt re4ulremeh#s wit
not InVallu`iate tits cfr' rSge afforded by
this poft 'r, beatwe will doily be G6ubl a Other
carne extent Yrs would have been liable
hett You (xuispliedMich the deelpuleory fn-
stirat►de nequirethents.
(d) It is undurstooai.fhat we are not an adinit-
or authorized insurer outside the
United .States of America, its terrttoties
and possessions; Puerto Rica taxiKan-
ada, We Mere ne responsibility for the
furnishingof certfcates of ineureniCe, ar
for bamrillanae irr triry way With the taws
Of at ' 'emirate to relating to insurance.

G. WAIVER OF DEDUCTIBLE •- GLASS
The following Addpii tv Fargraph D., Cedacti-
ble; of :SECTION NI PHYSICAL DAMAGE
CovERAQE;
No deddurtible for a .covered "auto" MU apply to
damage If the glass Is repaired rather then
replaced.

H. HIRED AUTO PHYSICAL DA. AGE LOSS
USE — INCREASED' LIMIT
The fallowing repl»cia the list senteu ce of Para-
graph AA.b., Loss Of Vac Owasso. of SEC-
TLI N III — Pi1YSICAL DAMAGE CdVERAaE:

Home* the mot we will pay for aril expanses
fOr Hoes Of rise is SO Per day, to a rnaxirhtlrn of
$150 for any one"accldent'.
i. PHYSICAL DAMAGE. — TRANSPORTATION
EXPENSES— INCREASED LIMIT
The fetkeMPO replete$ the lust sentence to Para-
graph A,te., Transportation Ercpareses, of
SECTION til — PHYSICAL DAMAGE COVER
AGE
We. WUI piny up. to Ste per day to ,e maximums of
31,580 tar ;tampwary trattrpvrtetion expense In -
Wiled by you because of the total theft of a cov-
omd'auto" of the private type•
d, PER&t3BAt- PROPERTY
The idlesating Is added to P mgraaph A.A., Coyer
ap Extnsi i$. of SECTION III — PHYSICAL
DAMAGE COVERAGE:

Paursoigel Property
We WE pay up to $400 for "toss" to wearing ap-
parellaand other persona�,l,Jprop,.errty which is:
(1) Donned byes Insured% and
(2) In or on your evened 'cute".

This acvierege applies only In the event of a total
theft Of your covered "auto".

Ito deductibles apply to this Per&onal Property
—4
K. A1RfAGSt
The fottOWln#g Wadded to P r�tt� t3.3 , Exelu,
sloes,: pt SWIM — PPHYS DAMAGE

COVERAGE
Exclusion 3,e. does not apply to lose to .orb or
Mora efrbe in a covered "auto' youflrorn that fit
flute dira io e cause other than ercause of'"ldss"
set forth to Paragraphs A.1b. an A.1.a,. but
only:
a. If that 'auto" is a •oov&ed "Wta," .for pre_
hettelvq COVrorage under this pQtcy;
b. The tabbage are not covered under any war-
rartty; and
c. The atibag$ Ware riot intentionally inflated.

Wo wit pay up to a maximum of $tAptt for any
one 'loss°.

L NOTICE AND KNOWLEDGE OF ACCIDENT OR
LOSS
The- foltoartng 1a , added to Paragrapt, A.2,a., of
SECTION w - BUSINESS AUTO cO OIT1QNs:

Your duty to give us or our outtrorlted represents
tive WOO* netice of ttte "s erif" Or'beet ap'
plies only when the "sceldent" or'ioss" is kngwn
(a) You (#year wean indivtduel);
(b) A partner (if -you are al pertneri hip);
(c) A member (if you area clothed liability corn.

Pao3t
(d) An estecutlue offktere director or 'Insurance
Mugger Of you area c orporalloner other or-
): or
(e) Any 'e mpinyse" authorized by you to glue no -
doe of the "e pktent" orlon*.

Mt BLANKET WAIVER OF SUBROGATION
The following nigiace s P'arag /iA:5.. Woofer
Of Rights Of Recovery Against 3 ers To Us,
Of SECTION IV - BUSINESS AUTO CONDI-
Ti l

5. Trmirte1er Of Rights Of Rec:Wary Against
More To Ike
We! waive sly tight ot.reczovsry we .e: y haves
egetnst any'.t or ergarilzsltlof to fire
tent requIred of you by a written contract
iianed and executed prior le any ,
or ?lose", remitted that the "reed or "lose"
Owe out Of opereifares aontetrrlpfeted by
CA T3 53 0215 oa i5'nia T+Ovalera Indemnte 9ompwgr•.All sigrua I ewve4. hnludes capY+i9htBd =Wail dinglinwe StentrosOfilas, etc. with lks•peririlasion- Prige•3 .of 4

L AUTO
s4of4
bra
0 Inv Wth be pe
15 Policy Number: 630.6J492624 TCT-20

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE RA, P iT CAREFULLY

BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the fitllowing:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

1. WHO 1S AN INSURED — (SaCtieri It) is amended
to Inciude any person or orgenteatjan that you
agree in a "written contract requiring bigamist"
to Include as an additional Insured on WI ()over-
see Part, nut:
al Only with reepeot toile}}Ifl t for "bodily injury✓,
`property damage" or "p and injury'; and
b) If, and only io the extent that, the injury or
damage is cruised by ads or orris** of
you or your sobcoJttreetor ht the performonoe
of "your warn' to which the "written eontred
redlining kiturancie" ,spokes. The, psraon or
organizetion does ✓rot qualify as an additional
Insured with respell to the Independent acts
or raitnisions of such person or organizetkm.
2, Tha insurance provided b the additional insured
by this eridoisement Is limited as follows:
a) In the event that the Limns of !Mumtaz of
this Coveroge. Part shown h, the iPedai lions
excused the omits of IlabWty rosined try the
"written contract requiring fission$', the In-
surance provided, to the additional Insured
shall be limited to the Iim+ta of liability re-
qu4red by that "written contract requiring in -
Durance": This endorsement shall not In-
crease the limits of irisurence detrained in
Section Hi — Limits Of insurance.
b) The insurance provided to the additional in-
sured does not apply to "bodily blurt
Orly damage" or-"persacxsal injury" arising out
of the rendering of, or failure.tb render, any
profeessoneI architectural, engineering or sur-
veying service$, Including:

J. The Preparing, approving, or falNng b
prepare or approve, Maps, shop dra►s .

INP. opinions, report+, eEUivayo, held or-
der. or change Wars, at the prepa3rfngt
tproidiig, or falling to paeparo or ap-
prove, drawings end specification; and
IL Sepievis ory, inspection, architectural or
engineering activittes.
o) The 1nsurarism provided to the adkfittcnaf h-
ewed does not apply to "+illy IOW or
damage" caused by "your work"
slut Itiduded to the "productecrenpleted op-
erations hazard unless iha 'written connect
Mulling Platinum' e" SoociTHANY requires. you
to provide such coverage tor that rtddlliOnsil
Meurer% grid Rhin The isurance provided to
the additional Insured applies only to sucti
'bodlsy injury" or "PmPerty tl~mage" that oc-
curs before the. end of the period of time for
Which the "written centred requiring kiaur
ante" troikas you to provide such coverage
or Ohre end of the tmlioy period, whichever is
earlier.

2. The insurance provided to the Menthol insured
by this endoreemeft ish excess over any valid arid
cauectible "pilfer insurance", Mrhet er primary.

Mom, contingent or on .sny other basis. that Is
wallet* to the additional Insured for toes we
cover under this endorsement However, If the
"written contra t hutting Insurance" specifically
requires that this Insurance ripply on a .primary
basis ore primary and ndncmitributoty basis,
this 9tisurarice ts primary to 'Ow insursnoa"
avaaabrle to the additional insured which covers
that person or or$aniz tion aIa s named insured
for such oss, and we will not share 'whir That
"other Insuranice". But the hiaurence provided to
the *Mond insured tv dots+ endorsemerrl still Ie
excel over any valid and oolkogble ion in -
summer, whether primary., eico6ss, contlieent or
on aril other basis, that is available to the 'addi-
tional insured when that person or organization Is
an add tiontal ineurest under such "other ihsur-

4. As a condition of coverage provided ID the
additional irssured by this endorsement:
a) Tire additonsd insured met Ova us written
notice to soon .as ptarsioabie of sit "%ocur-
mence" or an offense which may result in a.
claim. To the extent posail , such notice
should Include:

CO D2 46 ON 05
0 2IX6 The St Paul Tiavelers Gornparides, Inc.

Page 1 ends

COMMERCIAL GENERAL. LtA@I .J1Y

1. How, when end sher5 the 'occurrence"
or offense tacit piece;
II. The names end addresses of any inlayed
pens and witnesses; and
Ili. The nature and location of errr injury or
demage arising out of the *occurrence' or
offense.
b) if a claim is made or "sari' is bro rt mat
the additional hawed, the addRional hu ed
ewst.

I. Immediately record the specifics of the
claim or"sur end the data received; end
II, Notify us ere soon as practicable.

The addiitonal insured must see to It that we
receive written notice of the delta or "rat' as
aeon as practicable.
c) The mortal insured must immediately
send us copies of all legal papers received in
connection with the calm or "suit`, cooperate
with us In the investigation or setleindart of
the claim or defense against the "stir, and
othervhse empty with all policy corruiifro a.
d) The final insured must tender the de-
fense and Indemnity of any dakii or "stet to
Pepe 2of2
any provider of Iroth?ar' insurance' whist would
cover the addklorrat Insured fir ae lass we
cover under this endorsement However, this
condition does not affect whether the insur-
ance provided to the addiltonaI insured by
this endorsement is primary to 'other insur-
ance' available to the additional insured
Which covers that person or argenlzattorr as a
named Insured as domed in paragraph 3.
above.

5. The following definition is added to SEC1`1ON V.

DEFINrONS;
"Written contrast requiring insurance" means
that pert of air written contract or agreement
t
under er you are required to include a
person Or organization as an additional h-
ooted on this Coverage Part, provided that
the 'bodily injury" and "property damage* w-
an and the "personal is caused by an
offense commiftett
a. After the signing and execution of the
contract or agreement by you;
b. While that part of the contract or
>agrnenent is In effect end
c. Before the and of the policy period.
bit 2005 The St. Paul Travelers Companies, Inc.
co D240805

POlicy Number: 6304:1492624-TCT-20

COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAP IT CAREFULLY:

XTEND ENDORSEMENT FOR COMMERCIAL INDUSTRIES
Thle arrdomement methfics insµuano provided eider the following:

COMMERCIAL G.ENERAL L IASILW COVERAGE FART
GENERAL DESCRIPTION OF COVERAGE — Thy endorsement broadens: coverage. However, coverage for any Injury, damage ormedloal exp�es dglenOball In any 6f -pr foes Of Piss -endorarsment may l exOktded or limit d o r ends t tp dais COVerag@ Part; end these coverage � provisions•do net appry to the extent that coverag excluded or limited by suchen endoraaetrnant. The following listing Ica generad.crtver- age description only. L niiationn en d Occlusions may eppiy to these mmareges.. Reed at the .previsions of this .en-- dosse nt•and the rest of your policy can:fully to daternilrie r % duties -and.whet to and la -not bvered.

A, Eno dened Ned Insured
G. Blariket Adalltic+riatinsured --Bt ad Form Veridoria C. Damage To Promisee Rented To You
' Penile Of fire. explosion, lightning, smoke,
wader
• Limit Increased to ;000
D. Blanket Waiver Of Subrogation
E. Blanket MdEonai Insured - Owners. Managers
Or Leeore Of Premises
F. Blanket Attritional Insured - L,eshors Of Leased
EquiPment
G. I nctderttai Medical Ntalpractice
H. Person8ti injury — Assumed By Contract
I. Amended Bodily Injury Definition

PROVISIONS

A BROADENED NAMED INSURED

1. The following is addend bo SECTION II — WHO
IS AN INSURED:

My organization, other then a whip or
joint venture, over which you maintain owner-
s* or *arty interest on the affeothre date
Of the policy qualities es a Merited Insured.

Hthurever, coverage for any such organization
rµilk Cease at of the date darirng the . ,.r « pa.
trod that you no kuver maintain _ownersh a of,
or rnajodty interest In, each organization.

2. The following rr ces Paragraph 4.B. of
SECTION Ill..; WHO IS AN INSURED:
a. L;overegm,uehder.lhis provision IS afforded
only until the 1800fralay sifter you acquire
or toms tJte otgantiatFon Or the end of the
policy period, r is earlier, unless
reported in vrtit{ng us ussWithin 180
J. Bodily it$ury TO CO.Einplo,ees And Co -Volunteer
Workers
K. Afn:oft Chartered With Claw
[„ wed 'Watercraft - hematite!' From 25 Feet
To SO Feet
lrcressed Supplernentarry J ymes*
• Cost of ball bonds increased 61 4650
• LOSS of earnings Inc easedto $800 per day
N. Medical Payments . Increased Limit
O. Knowledge And Notice Of Occurrence Or -Offense
P. Uninteranai mission
Q. Reasonable Fame -; Bodily injury Or Properly
[remade
B. BLANKET ADDmoNAL INSURED - BROAD

FORM VENDORS
The following is added to SECTION ll - WHO IS
AN INURED:

My person or orgeinir'atlen that Is a vendor and
that you have agreed ill 's written obitt:act or
agreement to Indiide as an.additlonal Insured on
this Coverage Part Is .an Insured, but only ith re-
wed to tiapifliy for 'bodily Injurer" Or 'MOW
W
damage" that:
a, is Canted Warr "occurr nce° that takes place
atter you neve sighed and 'executed that Oder -
tract or agreement and
b: Arises out of "your product,' which we dis-
tributed or sold In this. regular course of such
vendors business.

The insurance provided to such vendor Is subject
to the following Provisioner
CC D4 38 0713
oae1ifihe rrenain tndemirtiy Company- Al ithis tinned.
triaiLK* capyriatiied Puttwftel aS•Iraaurow06 Senirwa 0MMrao, tktc. with lb permission, Pegg lot7

COMMERCIAL GENERAL. UABtU1Y
a. The lindts of Insurance provided to such van -
(kit wtil be the limns which you agreed to pre.
vide in the writer cwt or agreement, or
the limes shown in the Declarations of this
Coverage Part, whichever are less.
lal. The inane= provided to such vendor does
not apply to:
(1) 130011Y tnjurV' or 'proper€y damage for
which the vendor is /mat d to pay
damagesby r of the PVYMnptlon of
bab y in a contract or agreement The
exclusion does not apply to liability for
damages that the vendor unsaid have in
the absence of the eutrmct or agreement
(2) Any express warranty unandhorizad by
yo
(3) Any physical or retarded c hange in 'your
produce made httani;oneby by such
vendor;
(4) Repackaging, unless unpacked solely for
the purpose of instate" demonetratlon,
testing, or the substitution of pads under
instructions from the manufacturer, end
than repackaged in the original container;
(5) Any failure to make such mss, ad-
justments, taws or senaldng as vendors
agree to perform or normally undertake to
perform in the regular course of business,
in connection with the distribution or sate
of 'your products";
(6) Darnonslmtiors, Installattion, servo ��
repair operations, except etch
perrormed at such vendorea reneges in
connection with the sale of 'your prod-
ucts"; or
(7) "Yoe. products" whittle, after drab tan or
sale by you, have been labeled or rela-
beled or used as a container, pad or in-
greri t of any other Ming or substance
�bYy orfi r such vendor.

Coverage under this provision does not apply to:
a, My person or oneamizellon from wham you
have acquired 'your produce", or any ingra
part or container entering into, accore
fan ng or containing such products;
b. Any vendor for which coverage as en add -
Veinal insured specficalty is scheduled by en -
C. DAMAGE TO PREMISES RENTED TO YOU

1. The following replaces the last paragraph of
ZareS., Exclusions, of SECTION I —

ES -- COVERAGE A BODILY IN-

JURY AND PROPERTY DAMAGE LIABIL-
ITY:

Exobraians 0. through n. do not apply to dam-
age to premises while rented to you, or term
ply occupied by you with permission of
the owner, caused by:
a. Fire;
b. Explosion;
a. Whining;
d, Smoke metalling from such fire, explosion,
oliseldning;o►
e. Water.

A separate limit of insurance applies to such
damage to premises as described in Para-
graph 6. of Section iii — Limits Of Insurance.

This Insurance does not apply to damage to
premises while rented to you, or temporarily
youoccupied by with of the
• caused
a. Rupture. heating. or operation of pres-
sure reef devices;
b. Rupture or berating due to expansion or
Ong of the centerds of ar y bullring or
structurre, creased by or residing from wa-
ter;
c. Explosion of steam boilers, steam pipes,
steam engines. or steam turbines.

2. The following replaces Paragraph Col
SEC-
TION Ill —LIMITS OF INSURANCE:

Subject hi b shove, the Damage To Prem-
ises Rented To You Limit Is the magi we will
pay under Coverage A for damages because
of "property damage" to any one premises
while rented to you, or tewperw'y oar !
by you with permission of the owner, soused
by gm explosion; lightning smoke resulting
from suck fire, explosion, or lightning; or wa-
ter. The Demo) To Premises Retried To
You Limit will apply to ail (tentage proximately
caused by Om seine "ur , xmace' , whether
such, damage results from fire; a log
lightning; smoke muffing from such the, ex-
pGaskn, or lightning water; or any =OW
Lion of any of thease.

The Damage To Premises Rented To You
Limb wig be the higher of:
a. 3800,OO0; or
b. The amount shown on the Declarations of
this Coverage Pad for Damage To Prem-
lsep Rented To You Limit

Page 2 of 7 ends

0 2513 The Travel= indemott Crow* AU its reserve l CD 04600713 incitdvsapprightest materiel ct fYtrs+ Suva Oft kin w h to pmrads4ear,

COMMERCIAL GENERAL LIABILITY
.3'
The fotlowt jg Mpleoee Pitiaara$ a. of the
definition of inmared contrite in the DEFINI-
TIONS Section:
e. A .contract fora lease of premises. How-
ever. that *ton of the contract for a
ie'i#se t>f eremite* that fripettinipes any
person or orgenmetitmr for demo to
premises while tented to you, ar'tefl O -
rarity occupied by you with permission of
the Wen caused by:
(1) Fire;
(2) Ex ton;
(3) Lam;
(4) Smoke.' resultl horn such fire, ex
plosion, or Ilghtninp; or
(5) Water,
i•riot en ` rred pentmot';

4. The fallowing napbas, Paragraph 4.b.(1)(b)
of SECTION IV— CONIMERCIAL GENERAL
LiABIUTY coNp TIONS .
(b) That is In Uranee for premises rented to
you, or tempe>rartiy occupied by you with
to permission cif the owner.

D. BLANKET WAIVER OF SUBROGATION
The foIbwing is added to Paragraph B:, Transfer
Of Right" Of Recovery Vilest Mira To Us;
of SECTION N -a COMMERCIAL GENERAL Li,
ABILITY CONDITIONS:

We waive any right of recovery we may have
egat jury person or aroantation because of
pays eiita ufa treks- tier IN* Ita!naSa gluing
out of premise$ awhed or Occupied by or rented
or maned to you; ongoing operations performed
by you or on your behalf, done.ur!der a c nfraCt
with that Man 9r orpanizatlon; your worn': or F.
• yaur prndude",. We. yrahre tide ti tdt wirers yob!
Have dfutmeti9,0 eo #s part of a written col (t,
bY.Yau prick to loss.

E. BLANKET AD ITIONAL IN$VRFA - GVl1Nf:R8,
allANAGERS ©R LESSORS e7 PREMIS.5$
The fofiowing le *Wad to SECTION - WHO IS
AR INSURED:

Air pared or ottlent Ton ,that !e a premise
a
fir, meml#er or -tat* anti that you have
d In written centred or agreement to
Nape .as an ddditia_ c+ed inst on this Coverage
Part is an lasured, but only with riesped to tfabtilty
for "bodily lajury', "property drudge'. 'pot
injury or "advedising Mid' that
CO D458 Oi' 13
Inckides
a is'bodlly ksjury" al . Owego' catwed
by eh" 'tsims pled, or "pr.

FOnaI injury' of "advertising iniuryr' mused by
an offense that Ia committed, after you have
and exeotited that mitred or agree-
ment; and
O. Mass out of the ownership, maintenance gr
use cif Abet part of eFryy premises leased to
The fnsuriande provided to riuch minim Owner,
mengio,er or lsasarte subject to the following pro-
vf'sions:
a. The limits of insurance provltled to such
premises owner.. manager or lessor will be
the:almka which you;tgreed"to. p wide tin the
writ*i Ma* n or apreemm t; or the Malts
eh'afiari sire the Dealerationa of this Coverage
Part, wldligiemmr ere lees.
b>i he insurance provided to auxtm premises
Oaniei`, niailapar or Wash -does not apply tc
(1) 'Bodily injury' or "properly damage"
caused by' op "occurrence that takes
; or **mai lajus'y or 'advertlslnp
injury caused by an offense that is com-
mitted, gfter you Cease to be a tenant in
that premises; or
(2) -Sttucturai aloe lions. new construction or
deer oltflpn operations perfonivd by or on
behalf o€ $uc1► premise') owner. manager
or leaser.
c. The ifisurarroe piMNided tb such prem(eee
o ner, rna urger.ortessor 1a exceas over any
valid and oolleditte *ter Insurance avafieebte
to such premises nw r, 'wager or letabrt
unities you have agreed in a written cpntiect
for this insurance 16 aptly era primary or
Aryfiit n basic.

BLANKET 4pDrONAl. INSURED - LESSORS
OF LEASED. EQUIPMENT
Ths fm lowing in added to SECTION II — WHO is
AN INSURED:

My plod or oivinIzOkm that Is an equipment
Iesmor and that you tom ammo fn a cson-
tract'or agreement to jndmide..es en additional in-
sured ©n ibis CO. Pert is an Maared, but
cmily with uremia: in for bodily injury,
'property damage",'"personal injury' or advertis-
ing tnjumf that
a. Is "bodily kijwyr. or "property damage" Weed
by an ice', bat takes place, or "per-
sonal injury" or "advertising Injury!' caused by
an offetsse that is committed, alter you. have
013 The Trawterm Indemnity bampany. Al! tights reserved. rn tat or Ides acmes cure, m math

Page 3 of 7 ends

COMMERCIAL GENERAL LIABILITY
signed and executed that contract or agree-
ment, EMI
b. Is catrssed, In whets or In part, by you acts or
wntsaknne in the maintenance, operation or
use by you of equipment teased to you by
such equipment teaser.

The Chance pnwtded to such equipment lessor
Is srrbjact to the fo provision:
a. The limits of tnsuranraa provided to such
equipment lessor vdy be the limits whk:h you
agreed to provide in the written contract or
agreement, or the limits shown on the Dada -
oakum of this ,Coverage Part, whichever are
less.
b. The Ineursnce provided to ouch equipment
lessor does not apply to any'bodliy Injur or
"property dlemege" caused by an that takes place, pers' onallnjo �• vadtsing injury" mused by an offense that is
committed, atter the ea -4 m M lease empires.
c. The Insurance provided to such equipment
lessor Is excess over any valid and collectible
other Insurance available to such equipment
tensor, unless you have agreed In a written
contract for this insurance to apply on a pri-
mary or contributory basis.

INCIDENTAL MEDICAL MALPRACTICE

1. The following is added to the definition of ac-
currence" in th'e MINI I INS Swan:

Union you ere in the business or occupation
of lrovk9ag profeeelond health care services
"oocurnance" also mans an ad or omission
committed in providing or feting to provide
"InckieNtad medical serviced' toe person.

2. The following is added to the DEFINITIONS
Section:
"incidental medical servtaes" means:.
a. Medical. surgical, dental, labor►, x-ray
or MOTO service or treatment, advice or
instruction. or the surd famishing of
food or beveeages;
b. The furnishing or t penning of drugs or
medical, dental, or surgical supplies or
applences;
a. First aid, or
d. "Good Samasitars 'services".
"Good Smoothen eervlcae" mean any amer-
gency medical services for which no compen-
sation Is demanded or received.

8. The following Is added to Paragraph 2.a.(1) of
SECTION II-- WHO IS AN INSURED:

Urges* you era In the business or occupation
of providing pmfestatonal health cane services,
Paragraphnot * to any " a l (e) end " `t of MO), f ury adsirg anypravirl car failing to provide "incidental
medical serwcea" by any of your "amployeesr,
other than an employed doctor. Any each
NamploYete ;smiting or taiing to provide
Incidental medical satin es" during their work
hours for you wdt be deemed to be acting
within the scope of their ernpkryment by you
or performing duties related to the conduct of
your business.
exclusion Is added to Pa a-
Iosts, of SECTION I -- COY.

COVERAGE A EMILY INJURY
PROPERTY DAMAGE LIABILITY:

Sale Of Phan
"Bodily infurt or� damage* arising
out the WSW violation a penal statute cr
ordinance slating to the sale of phanrmacaul
tats mainellted by, or with the knowledge or
consent of. the insured.

5. The following le added to Paragraph 5. of
SECTION III — LIMITS OF INSURANCE:
applica-
ble Each Occrentrme Limit, a4 Mated act or
omissions conmuted In the providing or M-
ing to provide "incidental medical services" to
any one person will be cans:iderscd one 'co.

8. The following is added to Paragraph 4Jc., Ex-
cess Insurance, of SECTION IV — COM-
NIERCIAL GENERAL LIABiLfTY CONDt-
T INS:

This insurance Is excess over any valid and
collectible other InMea nc ,, whether
excess, contingent or on any other bersls that
to evellable to any of your 'enspioyees° for
"bodily Injury* that arises oUt of providing or
failing to provide indented medical services"
to any petearrh to the extent not attest t to
AParar pfh 24'41) of SECTIONS -- WHO IS

INSUREEL
It PERSONAL INJURY — ASSUMED BY CON-
TRACT

1. The following replaces Exclusion e. Contrac-
tual Wanly, In Paragraph 2 of SECTION I
- COVERAGES -- COVERAGE B PER-
SONAL AND ADVERTISING INJURY L! -
AMITY:

Page 4 ends

a 2049 The Trwderi Woolly Company. M digits neared CG D4 58 0713 rnctudes coprtphled mdedd of Kam* Berm Office Inc whits percriesian.

COMMERCIAL GENERAL LIABILITY
e. Coatraf*ual Llabllily
"Petscnd injury' or'3edvar#Idng Injury for
yifiiCti the insured i$. Wiggled to pray
dam,8ges by Meson of the es'aurnpttan of
WINN in a contract 4r agreement. This
exduslQn do$s not applytoc
(1) far dangles that the Insured
''Would have In the itbeente of ttie
contract Or agreererent; or
(2) Dabllity for tarhagbs because of
pert oiial ir>jati assumed in a cen-
tres or weeve:ht that is an 'insured
contrer . ', pra►itiodthat the "personal
In +ry" is COW by an offense com-
mitted st+tise gieht. to the execution of
the contract br imittemerit. Solely for
the purpol ie of lishilft assumed in
an "insured .00ntrad', reasonable 8t-
iomsxt. fees end ner s
expenses ory I'
•
howled by or fora petty
other than an Insures. o it be denied
to be de** *We of "petecnel
irri Oulded that'
(a) LlebR8y to sudi party for. or for
the roost:.of, :that WO defense
has else been assumed tin The
seine tieured tttet'; and '
(b) Such attorney fee and .l qn
expenses we for defense of that
pady.agaitst a civil pr alternative
dOtite".resolutkin p1oG.aedlrig In
*WI damages to which MO tn-
suvence.apptles one Awl.

2. The following replaces the thlyd sentence of
Paragraph, 2, of SUPPi E$EKTARY PAY-
MENTS— COV lGES A AND U:
rtimg the provisions of Paragraph

2.b.(2) of'Section, I -- Goverage 4 - Bcdtlyr ii .
.jury And Property Dania Liability or t a-
g *ph x.e. of Sedlon I - Coverage B — Per-
sonai and Advertising Wary liability., such
payments will not be deemed to be damages
because of "bodily tither, "property damn r
or 'p acnal lfljWy', awl will not reduce the
limits of htgittOnOO.

3. The. following replaces Paragraph 24. of
SINTLEtr1ENTARY PAYMENTS — COVER -
MPS ANNA B: .
d. The allegations In the "suit' and the in-
fcrmesticil we know about the
rennW or offense_are such that no conflid
apps to eirfst between the latereatie of
the Wood and the Mane of the In-
deinnitea;

4. The foli$ing m4:44es the first subpr agraph
of Paregn h 1 of 'the Itton of 'insured
ral ' cani in the DEF,NITi0AS.Seolon:
t:; that. poit of any other -w etract or agree,
meld m pertaining to your Wawa (Irtsard-
Crean Indemnification Qf a,mun lily In
cowed* With -Wide *fanned fOr a
munidipa.Mty) Wider Which OS a$Uma the
tort liolgry of smother Orly to IOY for
hiju'Y," " Pet dames" or "pe►-
rI incur ' to a tNrd ;whim or ita=
teen. Tort liability means a liability that
'vubuid be impaled by law KIM absence
Pf.any Mired or !Viewed
L AMENDED BODILY INJURY PgrINMON
Thefbllvwinp rsplateathe definition of "bodily M-
ini' In the DEFIN1'I'iONS Sedcnr.
`Body Injury." ipeansbodily fnlut) menu an-
gutsh,, Mental Injury. ilvoh, fright. debility, hu-
millotion, ak nneas,or disease suatakied by a Per-
eon. in4fudtni death reauidi g (rem any of theee at
any time.

J, BODILY INJURY TO. CO -EMPLOYEES AND

CO -VOLUNTEER WORKERS
The fd inp Is added, to Paiigraph g:a.(i) of
SECTION U-WHD ISAN INSURED:

Paragraph 0)(4 above does.not apply to 'bodily
blunt to a co- snsployOe" in die -comae of the co,
"Orrrpir►yee's" enrpiaymeht .by You or perfnrmirtl
duties related. to the conduct of yyoitr business, or
to "boelly'lrrjtir? to year Othdr i', OkMteer Workers"
while porformIng chides rotated to the conduct of
your bursas.

K,. AIRCRAFT CHARTERED M711 CREW
Tire mowing Is added to Exduiori g., Won"
Auto Or Wedsc A ft; IftiNsegnaPh 2. of mECTION
1— COVERAGES - COVERAGE A BODILY IN-
JURY AND PROPERTY DAMAGE LIABILITY:

This exclusion does not apply to an aircraft that
is:
(a) chartered with craw to any insured;
(b) Not o lied by any Insured; and
(c) Not being tied toparry any person or pov-
erty far a ohlrrne.

L. NON OWNED WATER CAFT

1. The following iiiploop Paragraph (2) of Ex►
u;aion g., Aircraft, Auto Or Watuacraft, in
Permp... pit 2. of SECTION.! —.: RAGES
COVERAGE A POPJ1.Y INJURY AND
PROPERTY DAMAGE LIAf3IUTY:

CS D4 58 07 13
20431* Tindal! lndemnlb' Company. Alt Vas raswvsd.

Wades 0,0041id amtedal1 tar bumps UMW 05k.. tooduftal Be parmraeron.

Pages of 7

COMMERCIAL GENERAL L.IABILJTY
(2) A wateto►af you do not own tails:
(a) FI ty feet tong or less: and '
(b) Not being used to carry am, person or
property fors► tfht#rge.
2 The following is added to Paragraph 2 of
SECTION II - WHO IS AN INSURED:

Any person or orgonization that, with your ex-
press Or implied consent, Mier uses or Is re-
sportsibb for the use of a watercraft that you
do not own that tar
(1) Fifty feet tong or leas; and
(2) Not being used to cry any person or
property foracharge.

P4. INCREASED SUPPLEMENTARY PAYMENTS

1. T a following replaces Paragraph 1.111. of
SUPPLEMENTARY PAYMENTS — COVER-
AGES A AND B of SECTION I -- COVER-
AGES
b. Up to 52,E for cost of bait bonds re-
quired because of accidents or traffic law
violations arising out of the use of any
vehtote to which the Bodily Injury LiaMit<y
Coverage apples, We do not have to fur-
nish thews bonds.

2. The following replaces Paragraph 1.d of
SUPPLEMENTARY PAYMENTS — COVER-
AGES A AND B of SECTION I — COVER-
AGES:
d Alt ressonatio eXpansee Incurred by the
insured at our st to assist us In the
Imeatiga ion or defame of the claim or
WIC, including actual_tass of earnings up
!o $500 a day because of time off from
work.

N.4`CiDICAL PAYMENTS — INCREASED UMIT
The following repiaces• • T. of SECTION
ill — LIMITS OF INSURANCE;
T. Subject to 5. above, the Medical Expertise
Limit is the most we will pay render Coverage
C. for ail medical expenses because of
*bod-
ily tnjrW' susttrined by any one person, end
win be the higher of:
(a) MOM; or
(b)this Canape The amount shoran
Pert for laical Expense
L6rdt.

CL KNOWLEDGE AND NOTICE OF OCCUR-

RENCE OR OFFENSE
The following le added00 Paragraph 2., Dotheit In
The Event of Occurrence, % Claim or
Suit, of SECTION IV COMMERCIAL OEN-
ERAL LIABILITY CONDITIONS:
e. The following provisions apply to Paragraph
a. stew but only tar the purposes of the in-
surance provided under this Caverage Part to
you or any Insured listed In Paragraph 1. or 2.
of Section E — Who Is An Insunet;
(1) Notice to us of such "occumsnce' or of-
fense only after the ounce or offense
is known to you (if you ate an lndlvtdual),
any of y hers or members who is
an individual (if you are a partnership or
joint venture), any of your riterragars who
is an individual (if you lire a limited liability
company). any of your imtetees whole an
individual (if you are s trust), any of your
"swath* offIoaca' or director* (If you are
an organbradlcin other than a parnerhhip,
joint venture, limited liability company or
trust) or any 'employe" authorized by
you to give notice of ern bocurrenca' or
ofarrrle.
(2) If you am a partnership. john verdure.
! liability company or trust, and none of
your prima, joint venture members,
managers or trustees are Individual no-
tice to us of such'otufemx►' or ofd
must be given as soon as practicable only
after the 'occurrence or offense le known
by
(a) Any individual who Is:
(I) A partner or member of any part-
nership or joint venture;
(H) A manager of any limited liability
company;
(l t) A trustee of arty true, or
(iv) An executive officer or director of
any other orgeu tiore
that is your partner, joint venture
member, manager or trustee; or
(b) Any `employee' authorized by such
partnership, joint venture. limited li-
ability company, host or other o►gertF-
xetlon to give notice of an °oc cur-
tenc:e" or offence.
(3) Notice to us of such 'occurrence" or of-
fense will be deemed to be given as soon
as pnullcabte U it is given ki good faith as
soon as practicable to your workers'
compensation Insurer. Ibis applies only if
you subsequently give notice to us of the
"occunwnvs" or offense as soon as prac-
ticable after any of the persons dosoribed
In Paragraphs e,(1) or (2) above dtscov-
PageSofT
0 2013 the Trederr laderarlty Convoy. AI iolick reserved. CO 04 55 0713 Endadnr comma rraptertei othseure ee eervkskw 0lflw, In t ir4th ho pentagon.

COMMERCIAL GENERAL UABIL Y
am that the !oc current " or ottani* may
result In shafts 'to which 'the tesuritt. Ica
provided under this Cooerage Pad they
spply.

Howe►rer,'iMMMs poky i iudbs an endoaase
n nt fhat provides Waited co erage far "bod-
'deft er "propafty *Me 'or pollution
orbs arittng out of. a &charge, Wiese or
escape oIkdants" -which contains a re-
quineient that its tdlsGharde, release or as -
cape of "Oiukahl? Paid be reiparted to us
IA* a tien .of days after its
abort dOmhisnoerttent, this Parisgreph e.
does not affect that requirement
P. uNlNTEN'i'iONAi,.,O 8i5S ON
The foloyong is .s_ dded to Paragraph 4., ROM,
sahtetions,- of SECTION W - COMMERCIAL
GENERAL LIABILITY CONDITIONS::

The unintentional omission of, or unttrtentlanai er-
ror in, any information prated W you which we.
railed upon In issuing this poky will not prejudice
CG 04 S8 0713
Your rights under this itrsurrance. However, this
provi lod does not effect Our right to collbit addl-
#3ar�ep pretniwu car to "oxer:Ise our rights of cancel- lation or nonrenewal In accordance With aprilhe-
bleineran c:e taws or regulations.

O. REASONABLE FORCE — BODILY INJURY OR

PROPERTY DAMAGE
The fdtoiwing iep1acte Exclusion X., Expected Or
intended Ing er, in Passgraptt 2. pt SECTION I —
COvERAGES - CO AGE A BODILY IN-
JURY AND PROPERTY DAMAGE LIABILITY_
a. or Intended injury orDamage
"Bodily IOW Pr. IMO* ' e?cpeeted
of Intended from the standpoint Of the m-
ooted: Tide exclusion Was not apply tt'r "4104-
Y jdty�ot °POprrriy dittm get" resulting ffom
the use of reas0nabie tote to protect any
person or property.
114 20431b Toragere tndetrtrdtl Cdr'Pamy. Ati Vas raserke&. tnctudea capyii¢hted =Mb! Of #ntstr+andr; &* e es mice, Inc:with perraWan, Pager of?

Policy Number: 6304J4A2624-TCT 20
Effective Date: 06/27120 to 06/27111
COMMERCIAL GENERAL. UABLITY
as Method CI Sharing
all of the other butane's R o button
by equal Mama, was will follow,Ns metl. also.

Under this ail cocas each WOW conti'Iputas
mud amounts unfti It hoe paid its app9oahb
dine cf Momenta Or mete of the loss remains,
whichever corns that.

If any of the other Insurance does mat permit
crontribotim by aqua} aheres, we with contribute
by lErnits tinier this method, stave tnouraea
share la Weed on the ratb of Its eppikubb limit
of insurance toy the total 'applicable k Wts of
ineurenoe Of 'Maw.
d. Pr y And Nor ontri Ninnies* If
Requited By Written CCbntrac t
if yt u elps~y wash& W ooiwIttertacrirsot or
elpriearrrertt tint the hecratca a ndeJ to art
insured under thil Ctiirsitlpe Part muratappiy an
a peavey bads, or a 'stray end now,
caibri6teory t e, this irtaunince is ',timely to
Oar lousandedid is aaelsidis awchinsured
vkfibil wore such insured es a narrad insured,
a rd we v 41 silt share with that other Inaurrits^
pevwirtad that
C1) The "Lolly Ws.? or "prwedy damaij& for
which coverage Is•sougitt occurs; end
(2) The Wears! and advertidng *IV for
ankh coverage. is sought is caused by an
offense thistle ca umfttmd;
subsequent to the ei Nrrg d that contract or
age

5. Prsa1itrnAudit •
a. We will output* ail premiums for this PCIY0teila
Pert in accordance with our rises end rates.

Is. Preeiiun shown in thin Cmin9sPut es
adtratisee pnrrnium la a deposit premium orityr; At
the dose Of each audit period wo will compute
the Owned premolar for that pe'ttod and arci
ricrii ate the find Married intgxad. The duo edbe
far audit end valloiptettie premiums %the date
dean as fits clued* Orr the bill lithe su er
therselvenae end MAI premium paid for the
pray period is der then the wafted
prtattriunrt, .wa wdll return the sews to the fist
Named lamed.

C. The first Nixed ;MOO must keep reoards of
the it nndtan we need for pranierrt
• and send us copies et will fines
as wenay request
S. Repitesent tons
BY amol.ria tree POW% yousgrae
a. The eteteererts In the Decimations are;
accurate and oangieta
b. itrgse atalsossrita are based upon
representedens you made to us; and
c Ws hays' !sawed this policy In meant* upon
our reprealentaeoria.

The ufdribinttarral omission of, or urdrialttauat error In, any Inforrrratbrr PV4decl by you which we rimed
upon ht issuing tilts ply Wti not prrjtilidioe your
rights under this Insurznort Ftayt>Arror this, ptrMslon does not alb our right to OW eddltional
pr+einium or to our r(p its;of cancefla0Wrr or
noru'eniewel in eccerdanoe with apticableiramrenca
iiwv6 or reSuladbrts.

7. Sepal dtIOn Of litotes;
Bart with respibt to the Urfa& of Insurance, e, end
It+ Vas or baIty assigned in Lois
O[aweaatga pal to the net Named Irtsend, tie
insurance motion
a. /* if each Ne . insured imeoll the onJY
Named lri$urod; ertd
b. Sapaately to each insured agetlnst whom claim
Wanda or "sw' is brought
Of Transfer Of Rlpht a Of Reco say Agpirat Others
To Lk
If the 1neun+eld hos rights taareoraner, char part of any payment we hind made carder tide Co e Part
those rights ate traradaned Scrum Theihaured tears*
do northing &ten loss to impair than. At our request,
this Insured MR bring "suit" or trend* theme rights
:to us and help Ua Or once them.

0. WherliNeD4410tftem
If we dedde-not to.rare f ethic Coverage Part, we wil
rrratl or elaitiwr to t te..t am writes ffraiatil. Strewn fit the Declodittorrs Witten mace of the rrcirk
net less'than 30 days before this eitepirettOn dsie.
n mottea.ls_ matted. proof of mailing WO be terHfdertt
OW of noti
SECTION V— OEPINIf ONS

1. •Adiattiserner ' Ours a rtwoe tails bioedceet cr
pub to the goaral two or Raab modest
sag sans etde your goods, istcl Lis ar servtoes
for the. moose of stractlkg customs or
ss eppprbers. Fir the pixixemo of Ode tai on
e. Notices that are published include r enal
plagmd on the mien e t or on iiimtiar sieatmic
means of oottefl m action; And
b. Reseeding wetness, only that put of s irrebsits
that Is about your loofa, products Or services
for the purposes Of attracting ourecaters +x
supporters is cr aIdered an adveltIe ent.

Page 16 ends

e 7017 The TWOFER" lndarnrity Con►p ny. AH titthis risen d. tndudee copy1ioh*d news al Mows 6040114 eothrck Inc. with its pesselgos.

CG T1 00 0210

FOXY NuMEEit a10-58 {e#687►- $- 4-A
coMMEECIAL AUTO
*SUE DATE: O -3a-ZO
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

LESSOR _ DDITIO AL INSURED ik j LOSS ;w;: Y
boitsteitiont modifigt instooto pr+ rlded t the four fr' :

AUTO PEALERS CPVERAt E. FORM.

KislligSVOITO CGVEMIDE FPRttl
M tcRCP RIERCOVERAGE FORM
With PeOgiCti WWV.0140 Prpimbli by et* ioi,,6. meat. the Ow* of Uie owerage modi-

SCHEDULE
Ir vraflaC tM *ny TIRMLigke 40.14M7 C *WT delplaltCF
PoIiCrNumber; 8LQ-5,2486,2A 29-,14M9 Elm Date; 06-27420 WOO* Dam D6 -Z7 -s2.

Named tttumra& Zed r.ITE o00Qp, ToT.

AWD AS Pia .L' T* 00
Addre3%` 3360 a L; PAr1WA, ayE
A6'Q atit ea 92006
,Addhlbriel ! L ' * 'SEE spa
Admit
DeSignatient Or DisStriptiors.0i' , .: ,> „ Mae;
31r =Min TOR A b=oa, a ' 6:= 3C : Ca
Amain,, TOT anginula To TO RilOVIR8 .Dim
coma= .01t
,eraptee Limit Of 1
Covered AuO s Usti* $ 3. DGD.tt00 Each 'Aodderttt"
Attit Cash Vein Or Cost Of Re$trr Whirtdordr IS Lam, Mires Cerepreiterialve $ nets CA TO 02 INgiticatett For pith COv Aid'L.e '14400 AutV ACtOef OA Wits Or Cost 0' Repairs MOM** Less, woo
$ at, Ck TO 02 Deduttfbie FOr Eat COVir+ad "L.ased
ihmeocauses lli ed i at s peductibie f oe- C• E oVerad Aitto" information requited to aintOlete this Scitedule, If not shover aboire? ea be shaven to the Declarations.

C giston
civA0 011013
+p tr surant a Se ry c'es Cif tnG;, 2ett Page 1 of 3

04141

TRAVELERS ,
0ttetts T0NNA B,QtiARR
RIRTHORO OT 06183

WORKERS COMPENSATION
AND
RINP&.OYERS UA:M M POLICY
ENDORSEMENT WC 99 09 70 ( A) - 001
POLICY NUMSER: VD- 1N4554058 -a0-14-0
WAIVER OF OUR RIGHT'T° RECOVER FR0M1 OTHERS

ENDORSEMENT - CAUFORNIA
(BLANKET
We have the right to recover bur payments born anyone liable for an iniury covered by this policy, We will not enfortte our right against the pin or organizatitii`i named in the Schedule.

The Additional prerniumn for this endorsement shall be 2.00 % of the Cdkfornia workers' Compensation pre- mium.

Schedule
Person or Dr*nization
ANY PgAS0b1 OR ORGANIYATIOt1 TOR
Int= TER INSURED RAS a1L#A=
8T WRIT'T CONTRACT VARCt TEN
PZZOR TO 1,008 TO FURNISH TRIS
WAIVER.

Jab Description
This endorsement changes tfie poky to which it is attached and is effective on the date issued unless of herirvise stated.
(The information. below is required only when this endorsament is Issued subsequent to preparation of the polity,)
Endorsement Effective Policy No. Endorsement•No.

Insured Prem m
Insurance Company Cotmtersigned by,
DATE OP ISSUE: 0s -s0-20 ST ASSIGN: Page 1 of 2

2025 C
ST L
5 April 22, 2025
Mr. Bernardo Iniguez
Director of Public Works/Facilities
City of Bell Gardens
Subject: Contract Extension w/ CPI Rate Increase
Dear Mr. Iniguez,
Econolite Systems, Inc. (" nolite") and the City of Bell Gardens entered into a Tr c Signal Maintenance Con on May 1, 2021 ("Agreement") for services commen ' • through April 30, 2024.

Under Section 1, the City has the option to extend the A ent for two additional extension terms of one year. Econolite Systems requests for the city to extend the Term of the Agreement for the last of the available extensions and to include a consumer price index adjustment of 3%, adjusted from the contract rates provided in 2021.

Irl
The new rates are reflected in the attached rate schedule. MI other terms of the Agreement shall remain in full force and effect.

Please confirm the City's desire to renew the Agreement and f+ d any Contract +;endments as necessary to extend the existing Agreement. Should you have any questions or comments in regard to the services rendered under the Agreement, please do not hesitate to contact me directly.

We you for the opportunity to serve the City of Bell Gardens and look forward to another year of a erative working relationship.

Respectfully,
Christopher Flores
Regional Vice President
Econolite Systems Inc.
1250 N g (7141

City of Bell Gardens Proposed Rates for 2025/2026 (inclusive 01 3% CPI) Traffic Signal Maintenance

1. Routine ti x, _'c signal maintenance and re •An per Inters «s ro

2. Routine r 'c signal maintenance and repairs pet Flashing Pedestrian Beacon

3. Routine traffic signal maintenance and repairs per Pedestrian Crosswalk Signals

4. Routine Panic signal maintenance and repairs per Radar Speed Display Sh Description

1. Labor
Superintendent
Signal Maintenance Technician
Laborer
Painter
Engineering Technician (1$E)
L Equipment
Flex Lit (Bucket Truckl
Mans Truck
seMce TN* wl generalos - tools
Crane r, operator
Boom Ladder Truck
Concrete Saw
Ca, +.::asor
•My equipment not specised above will be at industry Market Rate

3. Materials
Suppliers invoice once (cost) shall be provided by Contractor.

4. Subcon ; sd Services
Suppliers invoice price (coat) s?iaii be pra1ded by Contractor.

5. Job Site Inspection en requested)

6. Painting of Controller Cabinets
surfaces with Paint color as specified by CO).

7. Replacing of l. .. Dete« .;
Ind saw cuf lead In

8. Ogre
To be a _ -d to Contractor's vented invoice amount 20%
Rate

5..., .. 87.86
S 35.85
$ 35.85
$ 27.7g
Noun li.

Regular Time Overtime Deubletime
$ 97.91 $ 131.44 $ 164.95
$ 117.26 $ 151.88 $ 288.69
$ 97.91 $ 131.44 $ 164.95
$ 89.50 $ 122.69 5 155.89
$ 144.34 $ 191.82 $ 239.29
RatefTdp
$ 75.86
5 75.88
$ 70.86
$ 416.12
$ 74.38
$ 14.45
5 14.45
$ 137.97 per hour
$ 435.57 each
$ 751.32 each
Profit
� U

IT
A:- C 2026 XT
5 March 19th, 2026
Mr. Bernardo Iniguez
Director of Public Works/Facilities
City of Bell Gardens
Subject: Contract Extension
Dear Mr. Iniguez,
Econolite Systems, Inc. ("Econolite") and the City of Bell Gardens entered into a Traffic Si r al Maintenance Contract on May 1, 2021 ("Agreement") for services commencing through April 30, 2024.

Under Section 1, the City has utilized all available options to extend the Agreement for two additional extension terms of one year. As requested, Econolite Systems agrees to extend the Term of the Agreement for two months, concluding on June 30th, 2026. All other terms of the Agreement shall remain in full force and effect.

Please confirm the City's desire to extend the Agreement for two months and forward any Contract Amendments as necessary to extend the existing Agreement. Should you have any questions or comments in regard to the services rendered under the Agreement, please do not hesitate to contact me directly.

We thank you for the opportunity to serve the City of Bell Gardens and look forward to the announcement of the next RFP for maintenance services.

Respectfully,
Christopher Flores
Regional Vice President
Econolite Systems Inc.

N. Tustin
California 92807 Ph. (714) 238-9277 630 -
feedback

ACG D

CERTIFICATE OF LIABILITY INSURANCE

DATE (MWDD/TYYT)
07/02/2025
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
Marsh Risk & Insurance Services
17901 Von Karman Avenue, Suite 1100
(949) 399-5800; License V0437153
Irvine, CA 92614
CN119180939-Econo-GAWU: 25-26

INSURED
Econolite Control Products, Inc.
1250 N. Tustin Avenue
Anaheim, CA 92807

COVERAGES

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INS "l ADDL` LIBRi POUCYEFF POLICYEXP LIMITS
LTR TYPE OF INSURANCE §Nair n POUCY NUMBER IMMIDD/TYYTI 1MMIDD % MIT CERTIFICATE NUMBER:

CONTACT NAME: Jordan Harvey
PHONE 949-280-7344
FAX
t9LC. No F.adl Lac,-N?1
E-MAIL ADDRESS: [email protected]
INSURER(S}AFFORDING COVERAGE
INSURER A Federal Insurance Company
INSURER B : National Union Fire Ins Co Pittsburtr PA
INSURER c : Chubb Indemn Insurance CO
INSURERD:

INSURER E :

INSURER F
NAIC #
20281
19445
12777
A
LOS -002344856-23
COMMERCIAL GENERAL LIABILITY 36075748 06/27/2025 06/27/2026

CLAIMS -MADE X OCCUR
GE 'L AGGREGATE LIMIT APPLIES PER:

X POLICY PRO-
JECT
OTHER:

A AUTOMOBILEUABIUTY

X ANY AUTO
OWNED

AUTOS ONLY

X ( HIRED
{ AUTOS ONLY

SCHEDULED
AUTOS

NON -OWNED

AUTOS ONLY
X UMBRELLA LWB!..., X i OCCUR
EXCESS UAB ; CLAIMS -MADE
( I DED i X RETENTION:10.000
C WORKERS COMPENSATION 71836843
73628715

AND EMPLOYERS' LIABILITY

ANYPROPRI ETO R/PARTNERIEXECUTI VE
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
N
N/A
013506406
06/27/2025 06/27/2026
06/27/2025
REVISION NUMBER:

EACH OCCURRENCE
DAMAGE 'to RENTED
PREM15.6a8_II e!? +rr4l14e;?
MED EXP (Any one person)

PERSONAL & ADV INJURY
IL GENERAL AGGREGATE L $
PRODUCTS - COMP/OP AGG L $
COMBINED SINGLE LIMIT $
2,000,000
2,0.00,000
10,000
2,000,000
4,000,000
4,000,000
LEa accident} 1,000,000
BODILY INJURY (Per person) $
BODILY INJURY (Per accident) $
PROPERTY DAMAGE ^ $
[Per accident)
06/27/2026 EACH OCCURRENCE

AGGREGATE
06/27/2026
X .STATUTE I 1 E
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, ma y be attached If more space Is required)
RE: Contract for Traffic Signal Maintenance and Repair Services 1,000,000
1,000,000
1,000,000
1,000,000
1,000,000
City of Ball Gardens, its officers, agents, and employees including infrastructure engineers are included as additional insured where required by written contract with respect to General Liability and Auto Liability.

CERTIFICATE HOLDER
City of Bell Gardens
Public Works Department
8327 Garfield Ave
Bell, CA 90201
ACORD 25 (2016/03)

CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
!a &Ir 7Kd4CZ4/r a Seated
© 198B-2016 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

EXHIBIT "B"
JUNE 2026 EXTENSION LETTER
5 June 9th, 2026
Mr. Bernardo Iniguez
Director of Public Works/Facilities
City of Bell Gardens
Subject: Contract Extension
Dear Mr. Iniguez,
Econolite Systems, Inc. ("Econolite") and the City of Bell Gardens entered into a Traffic Signal Maintenance Contract on May 1, 2021 ("Agreement") for services commencing through April 30, 2024.

Under Section 1, the City has utilized all available options to extend the Agreement for two additional extension terms of one year. As requested, Econolite Systems agrees to extend the Term of the Agreement for an additional 3 months, concluding on September 30th, 2026. All other terms of the Agreement shall remain in full force and effect.

We thank you for the opportunity to serve the City of Bell Gardens and look forward to the announcement of the next RFP for maintenance services.

Respectfully,
Christopher Flores
Regional Vice President
Econolite Systems Inc.

Ananeim
econo rte c:om
238-92T
714

City of Bell Gardens Proposed Rates for 2925 / 2026 (Inclusive of 3% CPI) Traffic Signal Maintenance

1. Routine traffic signal maintenance and repairs per intersection

2. Routine tragic signal maintenance and repairs per Flashing Pedestrian Beacon

3. Routine traffic signal maintenance and repairs per Pedestrian Crosswalk Signals

4. Routine trafficsignal maintenance and repairs per Radar Speed Display Signals Description
Labor
Superintendent
Signal Maintenance Technician
Laborer
Painter
Engineering Technician (TSE)

2. Equipment
Flex Litt (Bucket Truck)
Pickup -Ruck
Service Truck wl generator and tools
Crane with Operator
Boom Ladder Truck
Concrete Saw
Compressor
'My equipment not speed above wilI be at industry Market Rate

3. Materials
Suppliers invoice price (cost) shall be provided by Contractor.

4. Subcontracted Services
Suppliers invoice price (cost) shall be provided by Contractor.

5. Job Site Inspection (When requested)

6. Painting of Controller Cabinets
surface. with Pami color as spec edtry City

7. Replacing of Loop Detectors
including saw cut lead in, $ 751.32 each
B. Overhead & Profit
To be added to Contractors verified invoice amount 20%
$
$
7 35.65

35.65 27.79
Horrify Rate
Regular Time Overtime Doublelime
$ 97.91 $ 131.44 $ 164.95
$ 117.26 $ 151.88 $ 288.69
$ 97.91 $ 131.44 $ 164.95
$ 89.50 $ 122.69 $ 155.89
$ 144.34 $ 191.82 $ 239.29
RatelP'riP

75.66 75.86
$ 75.86
$ 416.12
$ 74.38

14.45 $ 14.45
1250 T
137.97 per hour
435.57 each
5x.

ACORD
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

CERTIFICATE OF LIABILITY INSURANCE

DATE(MMIDD/YYYY)
06/03/2026

PRODUCER
Marsh Risk & Insurance Services
17901 Von Karman Avenue, Suite 1100
(949) 399-5800; License #0437153
Irvine, CA 92614
CN 119180939-Econo-GAWU.-25-26

INSURED
Econolite Control Products, Inc.
1250 N. Tustin Avenue
Anaheim, CA 92807
COVERAGES CERTIFICATE NUMBER:

CONTACT
NAME: Jordan Harvey
PHONE 949-280-7344
E-MAIL Jordan.Harve marsh.com
ADDRESS: .,.,.,.,. .,.,.,.,.,., Y@ .... ....._.

INSURERS) AFFORDING COVERAGE
INSURER A : Federal Insurance Company
....... ,,,, ,. ,. .,.,
INSURER B : National Union Fire Ins Co Pittsburh PA, ,.,.

INSURER C : UbubL, Insurance CO
INSURER D :

INSURER E :

INSURER F :

I FAX
(A1C No);
LOS -002344856-24 REVISION NUMBER:

NAIC #
20281
19445
12777

INSR TYPE OF INSURANCE _........__ADDL SUBR POLICY EFF POLICY EXP l LTR . I D POLICY NUMBER _ MM/DD!YYYY - MM/DD/YYYY
A 1 X COMMERCIAL GENERAL LIABILITY 36075748

CLAIMS -MADE X OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

X POLICY JECOT- LOC
OTHER:
06/27/2025
LIMITS
01/01/2027 EACH OCCURRENCE $ 2,000,000

DAMAGE TO RENTED
PREMISES (Ea occurrence) $ ... 2,000,000
MED EXP (Any one person) $ 10,000
PERSONAL & ADV INJURY . $ 2,000,000
GENERAL AGGREGATE $ 4,000,000
PRODUCTS - COMP/OP AGG $ 4,000,000

A AUTOMOBILE LIABILITY

X ANY AUTO

OWNED SCHEDULED

AUTOS ONLY AUTOS

HIRED NON -OWNED
X AUTOS ONLY _. ._.. AUTOS ONLY

X UMBRELLA LIAB X OCCUR

EXCESS LIAB I CLAIMS -MADE
DER X ! RETENTIONS 11

C WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANYPROPRIETOR/PARTNERJEXECUTIV E
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
YIN
N
N!A
73628715
06/27/2025
01/01/2027
,.,-(Ea,-accident,/
BODILY INJURY (Per person) $
COMBINED SINGLE LIMIT $
BODILY INJURY (Per accident) $

PROPERTY DAMAGE
i_-(Peraccident)
1,000,000
013506406
06/27/2025
01/01/2027 - EACH OCCURRENCE

AGGREGATE
1,000,000
1,000,000
71836843
01/01/2026
01/01/2027 X PER OTH-
_,,.,.,. STATUTE ER,
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE
E.L. DISEASE - POLICY LIMIT
$
$
1,000,000
1,000,000
1,000,000
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Contract for Traffic Signal Maintenance and Repair Services City of Bell Gardens, its officers, agents, and employees including infrastructure engineers are included as additional insured where required by written contract with respect to General Liability and Auto Liability.

CERTIFICATE HOLDER CANCELLATION
City of Bell Gardens
Public Works Department
8327 Garfield Ave
Bell, CA 90201
ACORD 25 (2016/03)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
Ward ad & 9adunstace S'eudea
© 1988-2016 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

EXHIBIT "B"
SEPTEMBER 2026 EXTENSION LETTER
6 September 02, 2026
Mr. Bernardo Iniguez
Director of Public Works/Facilities
City of Bell Gardens
Subject: Contract Extension
Dear Mr. Iniguez,
Econolite Systems, Inc. ("Econolite") and the City of Bell Gardens entered into a Traffic Signal Maintenance Contract on May 1, 2021 ("Agreement") for services commencing through April 30, 2024.

Under Section 1, the City has utilized all available options to extend the Agreement for two additional extension terms of one year. As requested, Econolite Systems agrees to extend the Term of the Agreement for an additional two months, concluding on November 30, 2026. All other terms of the Agreement shall remain in full force and effect.

Please confiim the City's desire to extend the Agreement for two months and forward any Contract Amendments as necessary to extend the existing Agreement. Should you have any questions or comments in regard to the services rendered under the Agreement, please do not hesitate to contact me directly.

We thank you for the opportunity to serve the City of Bell Gardens and look forward to the announcement of the next RFP for maintenance services.

Sincerely,
ECONOLITE SYSTEMS, INC.

Stephanie K. DeFazio, PE
Vice President — Field Services

City of BeII Gardens Proposed Rates for 2025 / 2026 (Inclusive of 3% CPI) Traffic Signal Maintenance
Rate

1. Routine traffic signal maintenance and repairs per intersection

2. Routine traffic signal maintenance and repairs per Flashing Pedestrian Beacon

3. Routine traffic signal maintenance and repairs per Pdestrian Crosswalk Signals

4. Routine traffic signal maintenance and repairs per Radar Speed Display Signals Description Hourly Rate
Labor
Superintendent
Signal Maintenance Technician
Laborer
Painter
Engineering Technician (TSE)
87,86
3565
35;55
5 27,79

2. Equipment
Flex Lift (Bucket Truck)
Pickup Truck
Service Truck w/ generator and tools
Crane with Operator
Boom Ladder Truck
Concrete Saw
Compressor
*Any equipment not specified above will be at Industry Market Rate

3. Materials
Suppliers invoice price (cost) shall be provided by Contractor, Regular Time Overtime Doubletirne
$ 97 91 $ 131.44 $ 164;95
$ 117.26 $ 15188 $ 288:69
$ 97:91 $ 131.44 $ 164,95
5 89 50 $ 122 69 $ 155:89
$ 144 34 $ 191 82 $ 239,29
Rate/Trip
$ 75.86
$ 75.86
$ 75,86
$ 416,12
5 74,38
14,45

14.45 4. Subcontracted Services
Suppliers invoice price (cost) shall be provided by Contractor,

5. Job Site Inspection (When requested) $ 137.97 per hour

6. Painting of Controller Cabinets $ 435.57 each
surfaces with Paint color as specified by City

7. Replacing of Loop Detectors
including saw cut lead in. $ 751.32 each

8. Overhead & Profit
To be added to Contractors verified invoice amount 20%

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Manuel Acosta, Acting City Manager
BY: Bernardo Iniguez, Director of Public Works/Facilities Douglas Benash, P.E., City Engineer
SUBJECT: Consideration of Approval of the Speed Limit Reduction from 30 MPH to 25 MPH on Park Lane/Scout Avenue from Garfield Avenue to Clara Street DATE: September 14, 2026
RECOMMENDATION:

It is staff's recommendation that the City Council authorize the speed limit reduction from 30 MPH to 25 MPH on Park Lane/Scout Avenue from Garfield Avenue to Clara Street.

BACKGROUND/DISCUSSION:

The Public Works Department is requesting a speed limit reduction on Scout Avenue and Park Lane due to the newly constructed John Anson Ford Park Dreamers Aquatics Center ("Aquatics Center"). The opening of the Aquatics Center has changed traffic patterns and pedestrian activity near Ford Park. Field observations conducted by the City Traffic Engineer warranted an evaluation of pedestrian and traffic impacts, as there are concerns regarding perceived speeding activity on this street segment. Figure 1 shows an aerial photo of the subject street block.

Staff evaluated the traffic speeding and speed limits on Park Lane and Scout Avenue to address the new pedestrian and traffic impacts. At its meeting on August 4, 2026, the Traffic and Safety Commission considered a recommendation to install edge lines on this street segment as a strategy to reduce vehicle speeding. Edge lines are visual white lines that narrow travel lanes by using painted white lines on the roadway to reduce the effective width of travel lanes to encourage drivers to naturally slow down. The narrower the street, the more drivers tend to slow down. On August 24, 2026, the City Council approved the installation of white edge lines on Park Lane and Scout Avenue, from Garfield Avenue to Clara Street.

Aerial View of Scout Avenue and Park Lane.

ANALYSIS OF REQUEST
As part of the assessment for the reduction of the speed limit, engineering staff conducted traffic volume counts and a speed profile for Park Lane and Scout Avenue from Garfield Avenue to Clara Street. The purpose was to confirm the extent of reported speeding activity on Scout Avenue and Park Lane and review the traffic volume data. The City's current Engineering and Traffic Survey (E&TS) report was also reviewed to evaluate the 85th percentile speeds on this segment, Figure 2 shows where the counts on Scout Avenue and Park Lane were taken.

Traffic Counts on Scout Avenue and Park Lane,,
Scout Avenue and Park Lane are east -west local residential streets providing one lane of travel in each direction with a prima facia and posted speed limit of 30 MPH. This block has single-

family and multi -family homes on the north side of the street. The roadway width is approximately 40 feet wide from curb to curb.

The traffic volumes were recorded from July 14, 2026, to July 16, 2026. The results of the average daily traffic volume count over a three-day period show that, on Park Lane between Gilliland Avenue and Gotham Street, there is an average daily traffic (ADT) volume of 3,116 vehicles; on Scout Avenue between Gotham Street and Ramish Avenue, there is an ADT volume of 2,939 vehicles, and on Scout Avenue between Ramish Avenue and Emil Avenue, there is an ADT volume of 2,551 vehicles.

The recorded speed profile measurements for the combined directions of eastbound and westbound on Scout Avenue and Park Lane varied. For Park Lane between Gilliland Avenue and Gotham Street, the 85th percentile was 31 MPH for three days. For Scout Avenue between Gotham Street and Ramish Avenue, the 85th percentile was 26 MPH on July 14, 2026, and July 16, 2026, and was 27 MPH on July 15, 2026. For Scout Avenue between Ramish Avenue and Emil Avenue, the 85th percentile was 28 MPH for three days.

In addition, a review of the most recent 3 -year collision history for both streets was completed.

From April 1, 2023, to March 31, 2026, there were three (3) collisions on Scout Avenue and Park Lane. Two (2) collisions took place in 2023, and one (1) collision took place in 2025.

Figure 3 shows the location of these collisions on Scout Avenue and Park Lane.

Selected Criteria
Date & Location.

Date 03/01/2023 - 03/31/2026
County Los Angeles
City Belt Gardens
Figure 3 - Location of Traffic Collisions on Scout Avenue and Park Lane Be en April 2023 and March 2026
Due to the volume of pedestrian activity in and around the Aquatics Center, including an increase of pedestrians crossing Park Lane and Scout Avenue, and current 85th percentile vehicular speed, the City Traffic Engineer recommends the installation of speed limits of 25 MPH (a 5 -MPH reduction of existing Speed Limit of 30 MPH) on this segment of Park Lane and Scout Avenue.

On September 1, 2026, the Traffic and Safety Commission discussed the item and approved for City Council's consideration the speed limit reduction from 30 MPH to 25 MPH on Park Lane/Scout Avenue from Garfield Avenue to Clara Street.

CONCLUSION:

If approved, staff will replace speed limit signs and markings on Scout Avenue and Park Lane from Garfield Avenue and Clara Street. Additionally, staff will continue monitoring traffic along this segment to determine whether additional measures are warranted once further assessments are completed.

FISCAL IMPACT:

The estimated cost for the replacement of speed limit signs and street markings is $1,000.

Sufficient Gas Tax funds are budgeted in the Street Supplies Account (210-4550-1610) for FY 2026/27.

APPROVED ELECTRONICALLY BY:

Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO:

FROM:

BY:

SUBJECT:

Honorable Mayor and City Council Members
Manuel Acosta, Acting City Manager
Elizabeth Nava, Director of Recreation and Community Services Consideration of a Resolution Approving a USDA TEFAP Agreement Between the City of Bell Gardens and the Los Angeles Regional Food Bank for the City's Family Food Program
DATE: September 14, 2026
RECOMMENDATION:

It is staff's recommendation that the City Council:

1. Rescind Resolution No. 2026-62;

2. Terminate the USDA TEFAP Agreement executed on July 7, 2026; and

3. Adopt the attached Resolution approving a new USDA Temporary Emergency Food Assistance Program Agreement between the City of Bell Gardens and the Los Angeles Regional Food Bank for the City's Family Food Program, through which the Food Bank will provide food supplies.

BACKGROUND/DISCUSSION:

In 2020, the City of Bell Gardens ("City") partnered with the Los Angeles Regional Food Bank ("Food Bank") to create the Family Food Program. This free program was developed to provide boxes of perishable and nonperishable food items for those in need.

The Food Bank supplies the City with food resources on a monthly basis. On the third Saturday of each month, the Recreation and Community
Services ("RCS") Department coordinates an event at Bell Gardens Veterans Park. During each event, approximately 500 families are able to drive up or walk up and receive a free box of food every month, with no proof of income required.

RCS Staff will continue to partner with the Food Bank and register families to receive food on the third Saturday of each month. Additionally, Staff is proposing to

provide 500 food boxes monthly, with capacity to increase to 700 food boxes monthly, if necessary.

The United States Department of Agriculture ("USDA"), which funds the program advised the City that it had prepared a new TEFAP agreement. On June 8, 2026, the City Council considered and adopted Resolution No. 2026-62 approving a TEFAP Agreement and a Memorandum of Understanding with the Food Bank.

Therefore, the TEFAP Agreement that was executed on July 7, 2026 must be terminated so that the City and the Food Bank can enter into a new TEFAP Agreement. Approval of the TEFAP Agreement is a Federal requirement that will allow the City to continue administering the Family Food Program in partnership with the Food Bank. The previously approved and executed June MOU is not required to be terminated or revised; therefore, its approval is being ratified by the attached Resolution.

CONCLUSION:

Staff recommends the City ratify the previously approved and executed June MOU and terminate the previously executed TEFAP Agreement to enter into a new TEFAP Agreement with the Food Bank to continue to provide the food resources on a monthly basis for the families in the City and surrounding communities.

FISCAL IMPACT:

Funding for this program was proposed and approved for the Fiscal Year 2026- 2027 Budget, in the amount of $25,000.

APPROVED ELECTRONICALLY BY:

Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

RESOLUTION NO. 2026-100

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA APPROVING A TEFAP AGREEMENT BY AND

BETWEEN THE CITY OF BELL GARDENS AND THE LOS ANGELES

REGIONAL FOOD BANK
WHEREAS, the City of Bell Gardens ("City") desires to partner with the Los Angeles Regional Food Bank ("Food Bank") to support the City's Family Food Program, a monthly food distribution program serving the City's residents; and WHEREAS, the California Department of Social Services requires the City to enter into a revised USDA Temporary Emergency Food Assistance Program Agreement ("TEFAP Agreement"); and
WHEREAS, on June 8, 2026, the City Council adopted Resolution No. 2026-62 approving a prior TEFAP Agreement and a Memorandum of Understanding with the Food Bank; and
WHEREAS, in August 2026, the Food Bank advised the City that the United States Department of Agriculture required the execution of a new and updated TEFAP Agreement; and
WHEREAS, the City Council desires to rescind Resolution No. 2026-62 solely as to terminate the previously executed TEFAP Agreement in order to enter into the new TEFAP Agreement; and
WHEREAS, the City Council desires to ratify the previously approved and executed June 2026 MOU so that it shall remain in full force and effect; and WHEREAS, the City wishes to enter into a TEFAP Agreement to facilitate the Family Food Program.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BELL GARDENS DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. The City Council of the City of Bell Gardens hereby finds that the above recitals are true and correct and incorporates them herein by this reference.

SECTION 2. The TEFAP Agreement executed on July 7, 2026 is hereby terminated.

SECTION 3. Resolution No. 2026-62 is hereby rescinded, repealed, replaced and superseded in its entirety by this Resolution.

Resolution No. 2026-100
SECTION 4. The previously approved and executed June 2026 MOU is hereby ratified and shall remain in full force and effect.

SECTION 5. Based upon the above recitals, the staff report accompanying this Resolution, and such other oral and written evidence, the City Council approves the revised TEFAP Agreement, which is attached hereto as Exhibit 2.

SECTION 6. The City Council further authorizes and directs the Acting City Manager and staff to execute the TEFAP Agreement on the City's behalf along with any other ancillary documents relating thereto, including any other documents consistent with and necessary to and effectuate the intent of the City Council as set forth in this Resolution.

SECTION 7. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.

PASSED, APPROVED AND ADOPTED this 14th day of September, 2026.

THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
2 of 3
Daisy Gomez
City Clerk

Resolution No. 2026-100
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2026-100 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on August 24, 2026, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
3 of 3

CALIFORNIA DEPARTMENT OF SOCIAL SERVICES
CalFresh Bureau
Food Distribution Unit
Eligible Recipient Agency (ERA) Agreement with Sub -Distributing Agency (SDA)

USDA TEFAP AGENCY AGREEMENT
This Agreement is entered, on this date by and between the Los Angeles Regional Food Bank, Eligible Reci Jient Agency (ERA) and , Sub -Distributing Agency (hereafter referred to as SDA).

This agreement is for the distribution of the contracted United State Department of Agriculture (USDA) donated food under The Emergency Food Assistance Program (TEFAP) by the ERA in the following county/counties: Los Angeles County.

AGREEMENT PERIOD:

The agreement is considered permanent, with amendments to be made as necessary [7 CFR 251(c)(2)]. In consideration of the mutual premises hereinafter contained, the parties agree that this Agreement will be performed in accordance with the following conditions:

SDA Information:

Agency Name &
Agency No.:

Distribution
Address:

Agency Phone
Number:

Main Point of
Contact Name:

Highest Ranking
Official Contact Name:

Cell Phone
Number:

Cell Phone Number:

Email Address:

Eligibility Information:

Note: A copy of your IRS determination letter must be attached and submitted with this form for all new agencies applying for the TEFAP program.

Applicant is a: (check all that apply):
❑ Nonprofit Organization ❑ Public Institution ❑ Faith -Based Organization ❑ Provides Food Assistance to needy persons for household ❑ Provides Food Assistance to needy persons in the form of prepared meals Revised 07.27.2026
1 FNS Civil Rights Assurance — (Adapted from FNS -74 Federal State Agreement):

This institution is an equal opportunity provider.
"The agency hereby agrees that it will comply with: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); ii. Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); iii . Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); iv. Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); v. Title II and Title III of the Americans with Disabilities Act (ADA) of 1990 as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189); vi. Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency." (August 11, 2000); vii. All provisions required by the implementing regulations of the Department of Agriculture (USDA) (7 CFR Part 15 et seq.); viii. Department of Justice Enforcement Guidelines (28 CFR Parts 35, 42 and 50.3); ix. Food and Nutrition Service (FNS) directives and guidelines to the effect that, no person shall, on the grounds of race, color, national origin, sex, age, or disability, be excluded from participation in, be denied the benefits of, or otherwise be subject to discrimination under any program or activity for which the Program applicant receives Federal financial assistance from USDA; and hereby gives assurance that it will immediately take measures necessary to effectuate this Agreement.; x. The USDA non- discrimination statement that in accordance with Federal civil rights law and U.S.

Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant, or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or in recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance. By accepting this assurance, the agency agrees to compile data, maintain records, and submit records and reports as required, to permit effective enforcement of nondiscrimination laws and permit authorized USDA personnel during hours of program operation to review and copy such records, books, and accounts, access such facilities and interview such personnel as needed to ascertain compliance with the nondiscrimination laws. If there are any violations of this assurance, the Department of Agriculture, FNS, shall have the right to seek judicial enforcement of this assurance.

This assurance is binding on the agency, its successors, transferees and assignees as long as it receives assistance or retains possession of any assistance from USDA. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the agency." This agreement is between the Los Angeles Regional Food Bank (ERA) and (SDA).

Revised 07.27.2026 2

The Agency (SDA) Agrees:

1. The agreement is considered permanent, with amendments to be made as necessary [7 CFR 251(c)(2)];

2. The site agrees to distribute United States Department of Agriculture (USDA) commodities, hereafter referred to as TEFAP food(s), to eligible recipients who live within the site's defined geographical service area. Agencies that only serve residents from specific zip codes or cities, must post the zip codes or cities that they serve at every food distribution.

3. If a recipient from out of the site's service area requests food, the site will serve them on a one-time exception basis and will advise the recipient of their proper distribution site or to a referral agency.

4. Proof of household income shall not be required for a client to receive TEFAP food. Income eligibility is a self -declaration by clients after reviewing posted current income eligibility guidelines. The site may require further client information for use with other programs; however, clients shall not be denied TEFAP food if they refuse to reveal any information that is not a requirement of TEFAP (e.g. demographics).

5. The site agrees to provide TEFAP food free -of -charge to eligible individuals. The site agrees not to request donations of any kind in conjunction with a food distribution. No supporting documentation is required for income eligibility determination. Individuals receiving commodities will self -certify they meet the income guidelines, by signing their names on the TEFAP Household Distribution Sign -In Sheet (EFA-7).

6. The site agrees that all recipients will sign their own name on the EFA-7 sign in sheet or will be signed in by a volunteer proxy. Provisions for people incapable of signing in their own name will be provided. 7 The site agrees to require an Alternate Pick Up form (EFA-15) from income eligible recipients unable to attend the physical distribution. The individual picking up commodities for these recipients must possess the form, and/or any other documents the distribution site or food bank may require. The form should be maintained with the EFA-7 sign in sheet. When referring to the Alternate Pick -Up request form (EFA-15), the form is no longer required to be provided for each distribution & can be renewed annually.

8. In the event the site is providing commodities to homebound recipients, the site agrees to ensure that these recipients sign the EFA-7 sign -in sheet.

9. The site agrees to have prominently displayed in clear sight of recipients the following signage at times whenever commodities are distributed:
a. "And Justice for AII" poster Form AD -475A
b. Notice to the Public
c. No Selling Sign
d. No Application sign (This only applies to agencies that request an application for other food and/or services)
e. Current CDSS established Income Guidelines next to the EFA-7 f. TEFAP Written Notice of Beneficiary Rights
Revised 07.27.2026 3

10. The site agrees to notify the food bank immediately of any changes in distribution location(s), distribution hours, or days of operation. A representative of the Site must be present during the scheduled hours of each distribution to direct recipients to an alternate emergency food pantry in the event all the available food is distributed before the scheduled end time.

11. The site agrees to never to sell or trade commodities.

12. The site agrees not to redistribute commodities to other sites, or any other entity without prior written approval from the food bank.

13. The site agrees to make available any accounts and records pertaining to operations under this agreement to the California Department of Social Services, the United States Department of Agriculture (USDA) or any other state entity or statutory authorized person conducting an inspection, review, or audit. The site agrees to keep TEFAP reports and sign -in sheets on file at agency site for four years.

14. The sites must be open to the general population, unless written approval from the food bank is obtain prior before conducting closed distributions.

15. The site agrees that no political or religious activity will be conducted in conjunction with a food distribution.

16. The site agrees when distributing TEFAP commodities with Non-TEFAP food, to display the food in a way that makes it easily identifiable to the food recipient. If distributing TEFAP food using the pre -bag or box method, the site agrees not to place TEFAP and Non-TEFAP food in the same container.

17. The site agrees to submit to the Food Bank a monthly participation report by the 5th business day of the month for the previous month detailing the total duplicated and unduplicated households and persons served at each TEFAP site. Unless, the agency is participating in the Oasis platform. If the site is unable to provide reports by the designated due date, the ERA has the authority to suspend or terminate this agreement.

18. The site agrees to submit to the Food Bank a monthly inventory report of TEFAP commodities showing what is on hand, received and distributed by case. The report is due to the Food Bank by the 5th business day of every month for the previous month. If the site is unable to provide reports by the designated due date, the ERA has the authority to suspend or terminate this agreement.

19. The site agrees to check quality and quantities received, and to sign for receipt of commodities when delivered or picked up from the food bank.

20. The site agrees to store TEFAP commodities in a way that distinguishes TEFAP items from Non- TEFAP food items.

21. The site agrees to store and maintain food to allow for proper ventilation, with commodities stored off the floor and away from walls

22. The site agrees to store and maintain food at proper temperatures to prevent loss.

23. The site agrees to comply with all requirements relating to food safety and food recalls.

Revised 07.27.2026 4

24. The site agrees to ensure proper pest control measures are in place.

25. The site agrees to immediately, upon discovery, report theft, loss, infestation or other spoilage of any commodities to the Food Bank.

26. The site agrees to conduct at the least a monthly inventory of USDA foods, if storing food.

27. The site agrees to not request or accept more commodities than can be distributed.

28. The site agrees to follow first in -first out inventory practices.

29. The Food bank, USDA and TEFAP representatives retain the right to visit and inspect the site without prior notice. This may occur at any time, however, if the agency is not distributing during the agreed day/time, this agreement may be terminated.

30. The site agrees to operate the program in accordance with Title 7, Code of Federal Regulations (CFR), Parts 250 and 251 (see attached excerpt from Section 5 of the TEFAP Policy and Procedure Manual) that pertain to the Emergency Food Assistance Program.

31. The site agrees to train all agency staff and volunteers annually who handle personal information and/or interact with TEFAP food recipients regarding Civil Rights. The site agrees to only use the established Civil Rights training approved and provided by the CDSS Office. If the site is unable to provide reports by the designated due date, the ERA has the authority to suspend or terminate this agreement.

32. The site agrees to ensure that under no circumstances will they discriminate due to race, color, national origin, sex, age, religion, political beliefs or disability. Sites must print the following statement on all printed outreach materials that advertise a TEFAP distribution.

In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, sex, disability, age, or reprisal or retaliation for prior civil rights activity in any program or activity conducted or funded by USDA.

Persons with disabilities who require alternative means of communication for program information (e.g.

Braille, large print, audiotape, American Sign Language, etc.), should contact the Agency (State or local) where they applied for benefits. Individuals who are deaf, hard of hearing or have speech disabilities may contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English.

To file a program complaint of discrimination, complete the USDA Program Discrimination Complaint Form, (AD -3027) found online at: How to File a Complaint, and at any USDA office, or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:
(1) mail: U.S. Department of Agriculture
Office of the Assistant Secretary for Civil Rights
Revised 07.27.2026 5

1400 Independence Avenue, SW Washington,
D.C. 20250-9410;
(2) fax: (202) 690-7442; or
(3)
email: program.intake usda.gov.

33. The site agrees that in case of disaster or during post disaster recovery, the following may be required but not limited to: distribute food and/or supplies to people affected by the disaster, operate distribution site outside of normal hours of operation and/or provide short term storage for USDA foods, other food items and/or supplies.

34. The site agrees to abide by any addendums the ERA/Food Bank requires.

35. Debarment and Suspension: The Debarment and Suspension process protects the federal government from fraud, waste and abuse by using a number of tools to avoid doing business with nonresponsible contractors. Suspensions, Proposals for Debarment, and Debarments are the most widely known tools as these actions are visible to the public via SAM.gov
a. The SDA self -certifies that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency as defined by the regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180;
b. The SDA commits to inform the ERA within five business days if the SDA or any of its principals are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency as defined by the regulations implementing Executive Orders 12549 and 12689, 2 CFR part 180.

Revised 07.27.2026 6

Name of Sub -Distributing Agency:

Agency #:

Please indicate days and times of distributions:

Day(s) of Distribution Start Time End Time Start Time End Time Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Sunday
Please circle the frequency of your distribution:
• WEEKLY
• BI -WEEKLY: 1st 2nd 3rd 4th
• BI -WEEKLY: (Must attached calendar dates for the next 12 months) • MONTHLY: 1st 2nd 3rd 4th
This agreement may be canceled upon (30) days' notice in writing by either party.

Notwithstanding the foregoing, the ERA, may cancel this agreement immediately upon receipt of evidence that the terms hereof have not been complied with by the SDA.

SDA signing below certifies that the information provided herein is true and correct to the best of their knowledge and that my facility is in full compliance with all Federal, State, County and Local health codes and ordinances regarding food storage.

Sub -Distributing Agency Rep. Name (print or type) Sub- Distributing Agency Rep. Title Sub -Distributing Agency Rep. Signature Date
By signing below, the ERA has approved the TEFAP USDA Commodity Food Service Application and Agreement as completed.

ERA Representative's Name (print or type) ERA Representative's Title ERA Representative's Signature Date
Revised 07.27.2026 7

LOS ANGELES REGIONAL
Fighting Hunger. Giving Hope.

TEFAP Agreement
Frequently Asked Questions

TEFAP AGREEMENT
at chanes ere a to t e T F aree ent?
#16 - This clause was added. This is a new requirement. The site agrees that, when distributing TEFAP commodities with Non-TEFAP food, the food should be displayed in a way that makes it easily identifiable to the food recipient. If distributing TEFAP food using the pre -bag or box method, the site agrees not to place TEFAP and Non-TEFAP food in the container.
#20 - This clause was added. This is a requirement. The site agrees to store TEFAP commodities in a way that distinguishes them from Non-TEFAP food. #33 - This clause was added. This is a new requirement. (The Food Bank has checked all active agencies on SAM,GOV to ensure they are not on the debarment list. However, if you are interested in checking, please visit SAM.GOV and enter your agency's information. The result should state "no results found.")

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

LOS ANGELES REGIONAL FOOD BANK AND THE CITY OF BELL GARDENS

REGARDING THE BELL GARDENS MONTHLY FOOD DISTRIBUTION PROGRAM This Memorandum of Understanding ("MOU" or "Agreement") is made by and between the Los Angeles Regional Food Bank ("Subrecipient") and the City of BeII Gardens ("City") for the purpose of partnering on the BeII Gardens Monthly Family Food Distribution Program ("Project"), to be conducted from July 1, 2026 through June 30, 2027, in the City and County of Los Angeles herein as "Party" and may be collectively referred to herein as "Parties."

RECITALS
WHEREAS, the City wishes to engage the Subrecipient to assist the City facilitating the food distribution program and utilizing such funds; WHEREAS, the City has clearance to release the funds for this project; WHEREAS, the purpose of this MOU is to describe the roles and responsibilities of the Parties, and shall supersede and replace any previous agreements between Subrecipient and the City related to the Project described herein.

NOW THEREFORE, IN CONSIDERATION OF THESE RECITALS, AND THE MUTUAL COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS:

1. MOU Contents and Obiective
A. This MOU is comprised of these terms and conditions contained herein and any attached Exhibits and may be amended only by written agreement between Subrecipient and the City. Such terms and conditions are subject to change. The Recitals to this Agreement are also incorporated herein by this reference.

B. The Subrecipient certifies that the activities carried out with funds provided under this MOU will meet the Monthly Family Food Distribution to residents of Bell Gardens and Los Angeles County.

2. Scope of Work
A. Subject to the terms and conditions of this Agreement, Recipient agrees to provide the services and tasks described in that certain proposal entitled "Scope of Services" (hereinafter, the "Scope of Work") which is attached and incorporated hereto as Exhibit "A".

3. Term
The Term of this Agreement shall begin on the Effective Date of the Agreement and

continue until June 30, 2027, hereinafter referred to as the "Completion Date," unless terminated earlier as provided herein (hereinafter "Term"). Time is of the essence in the performance of services under this MOU.

4. Compensation
A. City has allocated General Funds in a not -to -exceed amount of Twenty -Five Thousand Dollars ($25,000) (hereinafter "Not -to -Exceed Amount") to the Subrecipient to assist with the program costs for activities described in the Scope of Work.

B. Subrecipient shall submit to the City a "Reimbursement Request" within thirty (30) calendar days after signing the agreement.

5. Project Manaaement
A. For purposes of this MOU, Subrecipient designates the following Project Managers:

Los Angeles Regional Food Bank
Elizabeth Cervantes
Director of Agency Relations & Product Acquisitions
1734 East 41st Street
Los Angeles, California 90058
323.234.3030 x132
ecervantesC7a,lafoodbank.orq
Recipient reserves the right to change this designation upon written notice to City.

B. For purposes of this MOU, City designates the following individual as its Project Managers:

Elizabeth Nava
City of Bell Gardens
Director of Recreation and Community Services
8000 Park Lane
Bell Gardens, California 90201
562.806.7650
enava bell ardens.or
City reserves the right to change this designation upon written notice to Recipient.

6. MOU Changes
A. No alteration or deviation of the terms of this MOU shall be valid unless made in writing and properly executed by both Parties.

7. Records Retention
A. Unless otherwise notified by the City, the Subrecipient shall retain all financial records, supporting documents and statistical reports related to the project 2 identified under this Agreement. All records subject to an audit finding must be retained for five (5) years from the date the finding is made or until the finding has been cleared by appropriate officials and the Subrecipient has been given official written notice.

B. The Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts.

8. Notices
Any notice or notices required or permitted to be given pursuant to this MOU may be personally served on the other Party by the Party giving such notice, or may be served by certified mail, return receipt requested, to the following addresses:

To Subrecipient:

To City:

9. Coma
iance with Laws
Los Angeles Regional Food Bank
Elizabeth Cervantes
Director of Agency Relations & Product Acquisitions
1734 East 41st Street
Los Angeles, California 90058
323.234.3030 x132
eeervantes afoodbank.or
City of Bell Gardens
Elizabeth Nava
Director of Recreation and Community Services
8000 Park Lane
Bell Gardens, California 90201
562.806.7650
enava cox bellgardens.9rq
The Parties shall comply with all Federal, State, County and City laws, ordinances, rules and regulations applicable to the production of the Project.

10. Disputes
Except as otherwise provided in this MOU, if a dispute arises between the Parties to this MOU, the Parties hereto agree to use the following procedure to resolve such dispute, prior to pursuing other legal remedies:

A. A meeting shall be held promptly between the Parties that will be attended by individuals with decision -making authority (to the extent reasonably possible), who will attempt in good faith to negotiate a resolution of the dispute.

B. If the parties are unsuccessful in resolving the dispute under (a) above, they may:

1. agree to submit the matter to mediation, binding judicial reference, or a 3 private adjudicator (if all Parties so agree); or

2. initiate litigation following advance written notice to the other Party of not less than thirty (30) days.

C. If any party should bring a legal action against the other to enforce the terms of this MOU, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, as determined by a court of competent jurisdiction in said proceeding.

11. Noncompliance
In addition to such other remedies as provided by law, in the event of noncompliance with any grant condition or specific requirement of this MOU, this MOU may be terminated.

12.Termination of MOU
A. Termination for Convenience. Either Party may terminate this MOU at any time by giving written notice to the other party of such termination at least ten (10) calendar days before the effective date of such termination.

B. Termination for Cause. If through any cause, Recipient shall fail to timely and adequately fulfill its obligations under this MOU, or if Recipient violates any of the covenants, agreements, or stipulations of this MOU, City shall thereupon have the right to terminate the MOU by giving not less than ten (10) calendar days written notice to Recipient of the intent to terminate and specifying the effective date thereof. The City of Bell Gardens shall provide a reasonable opportunity for Recipient to cure prior to termination. In no event shall such opportunity to cure extend beyond the term of the MOU. In the event that City invokes this termination clause, all finished or unfinished documents and other materials as described in the MOU that belong to City shall be returned to City at its option.

13. Non-Assianment
A. Neither Party shall assign this MOU, or any part thereof, without the written consent of each Party to this MOU. Any assignment without such written consent shall be void and unenforceable.

B. The covenants and agreement of this MOU shall inure to the benefit of and shall be binding upon each of the Parties and their respective successors and assignees.

14. ndemnitv
Except for the negligence or willful misconduct of the City and any of its officers, agents, employees, assigns, and successors in interest, Subrecipient undertakes and agrees to defend, indemnify, and hold harmless the City and any of its directors, officers, agents, employees, assigns, and successors in interest from and against any and all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, 4 damage or liability of any nature whatsoever, for death or injury to any person, including the Subrecipient's employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising in any manner out of, pertaining to, or incident to any alleged acts, errors or omissions of Subrecipient, its officials, officers, employees, or agents in connection with the performance of the Project or this MOU, including without limitation the payment of all consequential damages, expert witness fees and attorneys' fees and other related costs and expenses.

A. Except for the negligence or willful misconduct of Subrecipient and any of its directors, officers, agents, employees, assigns, and successors in interest, City undertakes and agrees to defend, indemnify, and hold harmless Subrecipient and any of its directors, officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands and expenses, including, but not limited to, attorney's fees and cost of litigation, damage or liability of any nature whatsoever, for death or injury to any person, including the Subrecipient's employees and agents, or damage or destruction of any property of either party hereto or of third parties, arising rising in any manner out of, pertaining to, or incident to any alleged acts, errors or omissions of City, its officials, officers, employees, or agents in connection with the performance of the Project or this MOU, including without limitation the payment of all consequential damages.

15. Insurance
Subrecipient shall, at its own expense, procure and maintain policies of insurance of the types and amounts identified under paragraphs (a) through (g) of this Section 11, below, for the duration of the MOU. The policies shall state they afford primary coverage.

A. Minimum Scope of Insurance — Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (Occurrence form CG0001), or its equivalent.

2. Insurance Services Office form number CA0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto) or its equivalent.

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Professional Liability (Errors and Omissions) insurance.

B. Minimum Limits of Insurance — Subrecipient shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
5 2. Automobile Liability: Including contractual liability insuring owned, non -owned, hired and all vehicles by Subrecipient with a combined single limit of not less than $1,000,000 applicable to bodily injury, or death, and loss of or damage to property in any one occurrence.

3. Workers' Compensation Liability: Including Occupational Diseases in accordance with California Law and Employers' Liability Insurance with a limit of not less than $1,000,000 each accident.

4. Professional Liability Insurance: With limits of not less than $1,000,000 per occurrence. In addition, it shall be required that the professional liability insurance policy remain in effect for six (6) months after the Completion Date of this Agreement.

C. Other Insurance Provisions —The general liability and automobile liability policies procured by Subrecipient are to contain, or be endorsed to contain, the following provisions:

1. City, its elected and appointed officials, officers, employees, agents and volunteers are to be covered as additional insureds of Subrecipient, with respect to liability arising out of the activities performed by Subrecipient.

2. For any claims related to this Project, Subrecipient's insurance coverage shall be primary insurance as it relates to City, its elected and appointed officials, officers, employees, agents and volunteers. Any insurance or self-insurance maintained by City shall be excess of Subrecipient's insurance.

3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to City its elected and appointed officials, officers, employees, agents and volunteers.

D. Acceptability of Insurers — Insurance is to be placed with California admitted insurers with a current A.M. Best's rating of no less than A and be admitted, unless otherwise approved by Subrecipient and City.

E. Verification of Coverage — Subrecipient shall furnish City with original endorsements and certificates of insurance evidencing coverage required by this clause. All documents are to be signed by a person authorized by that insurer to bind coverage on its behalf. All documents are to be received and approved by City before work commences. Upon request of City at any time, Subrecipient shall provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications.

16. Severabilitx
If any provision of this MOU is held to be illegal, invalid, or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid, and enforceable, and the legality, validity, and enforceability of the 6 remaining provisions shall not be affected thereby.

17. Survival
The following sections survive expiration or termination of this MOU:

Section 7 (Records
Retention) Section 14
(Indemnity)
Section 10 (Disputes)

18.Jurisdiction and Venue
This MOU shall be deemed an agreement under the laws of the State of California and for all purposes shall be interpreted in accordance with such laws. Both Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that the venue of any action brought thereunder shall be Los Angeles County, California.

19. Waiver
No delay or failure by either Party to exercise or enforce at any time any right or provision of this Agreement shall be considered a waiver thereof of such Party's right thereafter to exercise or enforce each and every right and provision of this Agreement.

A Waiver to be valid shall be in writing but need not be supported by consideration.

No single waiver shall constitute a continuing or subsequent waiver.

20. Standard of Care
The Parties shall perform the work required for the production of the Project under this MOU in accordance with generally accepted industry standards, practices, and principles applicable to such work.

21. Force Maieure
Neither Recipient nor City shall be liable or deemed to be in default for any delay or failure in performance under this M0U or interruption of services resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, strikes, labor disputes, or any other similar cause beyond the reasonable control of Recipient and City.

22. Execution of MOU or Amendment
This MOU, or any amendment related thereto (Amendment), may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. The signature page of this MOU or any Amendment may be executed by way of a manual or authorized signature. Delivery of an executed counterpart of a signature page to this Agreement or an Amendment by electronic transmission scanned pages shall be deemed effective as a delivery of a manually executed counterpart to this Agreement or any Amendment. 7 23. Entire OU
This MOU represents and contains the entire agreement of the Parties with respect to the matters set forth herein. This MOU supersedes any and all prior negotiations, discussions and, if any, previous agreements between the Parties. (SIGNATURES ON NEXT PAGE)
8 IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized representatives as of the dates indicated below:

LOS ANGELES REGIONA FOOD BANK
By:

Michael Flood, President/CEO

CITY OF BELL GARDENS
Manuel Acosta
Acting City Manager
APPROVED AS TO FORM:

By.

Stephanie Vasquez
City Attorney
Date
June 24, 2026
Date
9 IN WITNESS WHEREOF, the Parties have caused this MOU to be executed by their duly authorized representatives as of the dates indicated below:

LOS ANGELES REGIONA _ FOOD BANK
By:

Michael Flood, President/CEO Date

CITY OF BELL GARDENS
By:

Manuel Acosta
Acting City Manager
APPROVED AS TO FORM:

By:

Date
Stephanie Vasquez Date
City Attorney
9 Exhibit A - Scope of Work

1. Provide food for 500 families once per month, with the capacity to increase to 700 families, if necessary.

2. Provide healthy food options; shelf stable groceries, frozen meats/poultry, produce and dairy items based on available inventory.

3. Send only food in ready -to -distribute bags/boxes for a drive -through style distribution.

4. Deliver food on distribution days based on mutually agreed upon date and time frame. 10 CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO: Honorable Mayor and City Council Members
FROM: Manuel Acosta, Acting City Manager
BY: Daisy Gomez, City Clerk
SUBJECT: Local Commission Appointment List
DATE: September 14, 2026
RECOMMENDATION:

It is staff's recommendation that the City Council review the Commissions Appointments List, remove commissioners and/or make appointments to the posted vacancies.

BACKGROUND / DISCUSSION:

The Local Appointments List includes all Bell Gardens Commissions and Commissioners. The City Council adopted Ordinance No. 825 on July 13, 2009 establishing minimum requirements for service on commissions. All Commissioners must reside within the City of Bell Gardens and may only serve on one Commission at a time. Once appointed, each Commissioner must adhere to the requirements of the City's Conflict of Interest Code and state -mandated AB 1234 ethics training and AB 1661 harassment training.

Ordinance No. 825 allows each Council Member to remove or appoint one candidate per Commission, subject to the approval of the Council majority. Appointed Commission Members serve terms that coincide with the term of the Council Member who made the appointment.

CONCLUSION:

After an appointment is made, Commission members will receive their Oath of Office before beginning service with their respective Commission at the next regularly scheduled Commission meeting. The City Clerk's Office will arrange for the proper filing of Conflict of Interest Code forms and schedule trainings for AB 1234 and AB 1661.

FISCAL IMPACT:

No fiscal impact.

ELECTRONICALLY APPROVED BY:

Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manual Carrillo, Director of Finance and Administrative Services

CITY OF BELL GARDENS

NOTICE OF COMMISSION VACANCIES

AND ACTIVE COMMISSIONERS
The City Council is seeking applications for the following vacancies:

NAME

APPOINTED BY

VACANCY
POSTED

APPOINTMENT
DATE
Ereni de la Paz
Barcena
9/22/2025
Linda Judith Lopez
Crystal Jimenez
Juan Manuel Ro.as
Chavez
De La Rosa
Guillen
4/28/2025
1/13/2025
1127/2025
Miguel Maravilla
Sanchez
1/13/2025
Stephanie Ramos
Barcena
8/10/2026
Carlos Jose Barrera
Chavez
1/13/2024
Kenneth Preciado
De La Rosa
1/13/2025
Yoraelvs Monrov
Oscar Boado
Javier Garay
Barcena
8/10/2026
Katelvnn Cabrera
Ainslee Preciado
Guillen
Sanchez
Chavez
De La Rosa
2/11/2025
9/11/2023
4/28/2025
2/24/2025
Karla Acosta
Guillen
Carmen Vargas
Sanchez
7/22/2024
Ana Maria Sanchez Flores
Barcena
1/9/2023
Mayra Teresa Yanez
Karina Garcia
Chavez
De La Rosa
4/28/2025
5/12/2025
VACANT
Guillen
Stephanie Perez
Sanchez
1123/2023
David Heredia
Barcena
1/9/2023
Edgar Juvenal Lopez Bustillos
Gustavo Mendez
Chavez
De La Rosa
4/28/2025
4/14/2025
Samuel Perez
Guillen
2/24/2025
Pedro Trujillo
Sanchez
1/12/2026
Applicants must be residents of the City. No person previously convicted of a felony in this state or elsewhere shall be permitted to serve on any City Commission. Before assuming the duties of a commissioner, each person appointed shall take and file with the City Clerk the same constitutional oath of office required of members of the city council. Any member of a commission shall be deemed to have resigned from the commission, and his or her office as a member of the commission shall automatically vacated, in the event, the member ceases to be a resident of the City or is convicted of a felony. (Bell Gardens Municipal Code Sections 2.68.030, 2.28.030, 2.22.030, 2.35.030) Applications may be obtained from the City Clerk's Office: 7100 Garfield Ave, Bell Gardens, CA 90201. Applications will be accepted in the City Clerk's Office on a continuous basis until an appointment is made. Please call the City Clerk's Office at (562) 806-7705 or email [email protected] for more information.

Daisy Gomez, City Clerk
Updated: 8/11/2026

CITY OF BELL GARDENS

OFFICE OF THE CITY MANAGER

EXECUTIVE SUMMARY
TO: Honorable Mayor and Council Members
FROM: Manuel Acosta, Acting City Manager
BY: Manuel Carrillo, Director of Finance and Administrative Services Andrew J. Tse, Human Resources Manager
SUBJECT: Consider the Adoption of a Resolution Approving the Updated City of Bell Gardens Personnel Rules and Regulations
DATE: September 14, 2026
RECOMMENDATION:

It is staff's recommendation that the City Council approve the attached Resolution approving the 2026 City of Bell Gardens Personnel Rules and Regulations.

BACKGROUND/DISCUSSION:

The City's Personnel Rules and Regulations were last revised and adopted by the City Council on June 24, 1991. Since that time, many state and federal laws, as well as best practices have changed, requiring that the Personnel Rules and Regulations be updated.

With the guidance of the City's labor attorney firm, Liebert Cassidy Whitmore, the Personnel Rules and Regulations were amended to reflect contemporary realities as well as legal requirements.

Draft copies of the proposed amendments were distributed to all of the City's labor associations for review and comment. The associations' representatives reviewed the document and stated no objections to the updates.

CONCLUSION:

The updated Personnel Rules and Regulations would update the governing document of the City's personnel system and would include changes to state and federal laws, as well as current best practices.

FISCAL IMPACT:

There is no anticipated fiscal impact associated with the adoption of the updated Personnel Rules and Regulations.

APPROVED ELECTRONICALLY BY:

Manuel Acosta, Acting City Manager
Stephanie Vasquez, City Attorney
Manuel Carrillo, Director of Finance and Administrative Services

RESOLUTION NO. 2026-101

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BELL

GARDENS, CALIFORNIA, APPROVING THE UPDATED CITY OF BELL

GARDENS PERSONNEL RULES AND REGULATIONS
WHEREAS, the City of Bell Gardens Personnel Rules and Regulations were last revised and adopted on June 24, 1991; and
WHEREAS, since that time, many state and federal laws, as well as best practices have changed; and
WHEREAS, the Personnel Rules and Regulations were updated under the guidance of the City's labor special legal counsel; and WHEREAS, all of the City's labor groups had the opportunity to review and comment, and stated no objections to the amendments; and WHEREAS, the updated Personnel Rules and Regulations would update the governing document of the City's personnel system, and would include updated state and federal law requirements, as well as best practices.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BELL GARDENS AS FOLLOWS:

SECTION 1. The City Council hereby finds that the above recitals are true and correct and incorporate them herein as findings.

SECTION 2. The City Council hereby approves the 2026 Personnel Rules and Regulations.

SECTION 3. The City Clerk shall attest and certify to the passage and adoption of this Resolution and enter it into the book of original resolutions, and it shall become effective immediately upon its approval.
[Signatures on the following page]

Resolution No. 2026-101
PASSED, APPROVED, and ADOPTED this 14th day of September 2026.

THE CITY OF BELL GARDENS
Miguel De La Rosa, Mayor
APPROVED AS TO FORM: ATTEST:

Stephanie Vasquez
City Attorney
2 of 2
Daisy Gomez
City Clerk

Resolution No. 2026-101
I, Daisy Gomez, City Clerk of the City of Bell Gardens, hereby CERTIFY that City Council Resolution No. 2026-101 was adopted by the Bell Gardens City Council at a regular meeting of the City Council held on Septer 14, 2026, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Daisy Gomez
City Clerk
3 of 2

City of Bell Gardens
Personnel Rules and Regulations
Adopted by the City Council on September 14, 2026
13363288.1 BE030-197

Ta . e . ntents
CHAPTER 1. INTRODUCTION 1
Section 1.01 Adoption of Rules and Regulations 1
Section 1.02 Purpose 1
Section 1.03 Authority of the City Manager 1
Section 1.04 No Contract Right, City's Discretion to Modify these Rules 1 Section 1.05 Applicability of Rules 1
Section 1.06 Conflict Between these Rules and Employee MOU 2 Section 1.07 Conflict Between these Rules and Department Rules 2 Section 1.08 Employee Acceptance of Rules and Revisions to Rules 2 Section 1.09 Delegation of Authority 2
Retention of Personnel Authority as to Certain Personnel 2 Section 1.10 Categories of Employment and Non -Employees 3 At -Will Employee 3
Probationary Employee 3
For -Cause Employee 3
Full or Part -Time Employee 3
Provisional Employee 4
Volunteer 4
Independent Contractor 4
CHAPTER 2. EQUAL EMPLOYMENT OPPORTUNITY 4
Section 2.01 Equal Employment Opportunity Policy 4
Section 2.02 Policy Against Discrimination, Harassment and Retaliation Complaint Procedure 5 Purpose
5 Covered Individuals and Scope of Policy 5
Definitions 5
Complaint Procedure 8
Proactive Approach 8
Right to File Report with Outside Administrative Agencies 8 Confidentiality 9
Responsibilities 9
Section 2.03 Reasonable Accommodation and Interactive Process 10 Statement of Policy 10
Supporting Medical Documentation or Certification 11
Fitness For Duty Examinations 11
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Interactive Process 13
Potential Accommodations for Applicants or Employees with Disabilities 14 Potential Accommodations for Employees Affected by Pregnancy and Related Medical Conditions 14 Potential Accommodations for Employee -Victims of Domestic Violence, Sexual Assault, or Stalking 15 Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice 15
Determination 15
Access to Medical Information Regarding Fitness for Duty 16 Section 2.04 Whistleblower Protection Policy 16
Policy 16
Policy Coverage 16
Definitions 17
Complaint Procedure 18
CHAPTER 3. CLASSIFICATION 18
Section 3.01 Preparation and Adoption 18
Section 3.02 Class Titles 18
Section 3.03 Class Specifications 18
Section 3.04 Position Classification Studies 18
Section 3.05 Request for New Classification 19
Section 3.06 Request for Reclassification 19
Section 3.07 Reclassification 19
Section 3.08 Class Allocation 19
CHAPTER 4. RECRUITMENT, SELECTION AND APPOINTMENT 19
Section 4.01 Job Announcements 19
Section 4.02 Application Forms 20
Section 4.03 Disqualifications 20
Criminal Conviction Check 20
Section 4.04 Employment Examinations 20
Section 4.05 Notification of Examination Results 21
Section 4.06 Establishment of Eligible List 21
Section 4.07 Appointments 21
Probationary Appointment 22
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CHAPTER 5. EMPLOYMENT OF RELATIVES, SPOUSES, DOMESTIC PARTNERS23 Policy 23
Definitions 23
Employment of Relatives 23
Spouses or Domestic Partners 23
Marriage or Domestic Partnership after Employment 24
CHAPTER 6. SEPARATION FROM THE SERVICE 24
Section 6.01 Types of Separation 24
Section 6.02 Resignation 25
Section 6.03 Release of Probationary Employee 25
Section 6.04 Release of Provisional, Temporary, and Emergency Employees 25 Section 6.05 Job Abandonment 25
Section 6.06 Retirement 25
Section 6.07 Non -Disciplinary Separation 26
Section 6.08 Disciplinary Separation 26
Section 6.09 Layoff 26
Appeal 27
Section 6.10 Recall from Layoff Status 28
Section 6.11 Return of City Property 28
Section 6.12 Job References/Verification of Employment 28 CHAPTER 7 28 COMPENSATION AND HOURS 28
Section 7.01 Workweek, Overtime, and Compensatory Time Off 28 Workweek 28
Overtime 29
Compensatory Time Off 30
Section 7.02 Work Schedules and Attendance 30
Work Schedules 30
Advance Request to Deviate from Regular Work Hours 31
Notification of Unforeseen Late Arrival or Absence 31
Unauthorized Absence is Prohibited in the Event of an "Emergency Condition" 31 Excessive Tardiness/Absenteeism and Abuse of Leave 31
iv
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CHAPTER 8. LEAVE OF ABSENCE 32
Section 8.01 Vacation Leave and Holidays 32
Holiday Pay 32
Eligibility for Holiday Pay 32
Employees Required to Work on Holidays 32
Accrual of Floating Holidays 33
Vacation Leave 33
Vacation Accrual 33
Holidays Falling During Vacation Leave 34
Unused Vacation upon Separation 34
Section 8.02 Sick Leave 34
Terms of Sick Leave 34
Section 8.03 Family and Medical Care Leaves 36
Statement of Policy; Concurrent Running of Leave under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) 36
Definitions 36
Reasons for Leave 40
Employees Eligible for Leave 41
Amount of Leave 41
Minimum Duration of Leave 41
Parents Both Employed by the City 41
Employee Benefits While on Leave 42
Medical Certification/Recertification 43
Time to Provide a Medical Certification 44
Consequences for Failure to Provide an Adequate or Timely Certification 44 Personnel Officer's Review of the Contents of Medical Certification for Employee's Own Serious Health Condition 45
Second and Third Medical Opinions for Employee's Own Serious Health Condition 45 Intermittent Leave or Leave on a Reduced Leave Schedule 45 Employee Notice of Leave 46
Reinstatement upon Return from Leave 46
Required Forms 47
Section 8.04 Leave Because of Pregnancy, Childbirth, Related Medical Condition, or Reproductive Loss 47
Amount of Leave 47
Notice & Certification Requirements 47
Compensation during Leave 47
Benefits during Leave 47
Reinstatement 48
Leave for Reproductive Loss 48
Reproductive Loss Leave may be taken for up to five (5) days per Reproductive Loss Event 49 Lactation Accommodation 50
Storage of Expressed Milk 50
Section 8.05 Other Leaves 50
Leave of Absence without Pay Must Be Authorized by Law or these Rules 50 Industrial Injury Leave 50
Time off to Vote 51
Paid Administrative Leave 51
v
13363288.1 BE030-197

School -Related Leave 52
Bereavement Leave 52
Management Leave 53
Military Leave 53
Other Court or Administrative Proceeding Appearances 53 Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Restraining Orders or Injunctive Relief 54
Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Medical Attention or Counseling or Safety Planning 55
CHAPTER 9 PERFORMANCE EVALUATION 55
Section 9.01 Performance Reports 55
Section 9.02 Use of Performance Reports 56
Section 9.03 No Appeal Right 56
Section 9.04 Performance Evaluation Meeting 56
CHAPTER 10 DISCIPLINARY ACTIONS 56
Section 10.01 Purpose 56
Section 10.02 Causes for Discipline 56
Section 10.03 Types of Counseling, Reprimands and Discipline 57 Section 10.04 Processing Disciplinary Actions for Employees 58 Section 10.05 Discipline Appeal Procedures 60
CHAPTER 11 GRIEVANCE PROCEDURE 62
Section 11.01 General Provisions 62
Section 11.02 Grievance Procedure 63
CHAPTER 12 MISCELLANEOUS 64
Section 12.01 Outside Employment 64
Prohibited Outside Activities 64
Changes in Outside Employment Status 64
Revocation / Suspension of Outside Employment Authorization 65 Use of City Equipment Prohibited 65
Section 12.02 Personnel Files 65
Confidential City Files 65
Notification of Changes 65
Access to Applicant or Employee Medical Information 65
vi
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Employee Access to Personnel File 65
Limitations on Access or Copying of Personnel File 66
Section 12.03 Limitations on Political Activity 66
No Solicitation During Work Hours or City Offices 66
No Targeted Solicitation of City Officers or Employees 66 No Political Activity in Uniform 67
No Political Activity on City Property or Work Hours 67 Section 12.04 Prohibitions on Drugs and Alcohol in the Workplace 67 Purpose and Scope 67
Drug- and Alcohol -Free Awareness Program 67
Prohibited Conduct 67
Drug and Alcohol Testing 68
Section 12.05 Use of City Equipment or Resources 69
Policy and Applicability 69
Agency Equipment or Resources 69
No Expectation of Privacy 69
Appropriate Use Only -- No Misuse 69
City Email Address Must be Used for City Business 71
Incidental Personal Use of City Communications Equipment Permitted 71 Section 12.06 Policy against Violence in the Workplace 71 Safe and Secure Workplace 71
Prohibited Behavior 71
"Workplace Violence" 72
Incident Reporting Procedures 72
Investigation 73
Prevention 73
Section 12.07 Policy on Employee Use of Social Media 73 Introduction and Purpose 73
Covered Individuals and Scope of Policy 73
Social Media Use Requirements 73
Social Media Use Best Practices 74
Violations of the Social Media Policy 74
Section 12.08 Policy on Employee Use of Artificial Intelligence 74 Introduction and Purpose 74
Covered Individuals and Scope of Policy 75
Prohibition on the Creation or Use of "Deepfake" Material 75 Artificial Intelligence Use Requirements 76
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City of BeII Gardens
Personnel Rules and Regulations
CHAPTER 1. INTRODUCTION
Section 1.01 Adoption of Rules and Regulations
Whereas, the City Council is authorized and directed under Chapter 2.40. 080 of the BeII Gardens Municipal Code to adopt and, from time to time, to amend City Rules and Regulations for the administration of the personnel system; therefore, the following Rules and Regulations ("Rules") have been approved and adopted by the City of BeII Gardens ("City").

Section 1.02 Purpose
The objectives of these Rules are to facilitate efficient, economical and effective services to the public and to provide for an equitable system of personnel management for the City of BeII Gardens. These Rules forth the obligations, rights, privileges, benefits and prohibitions which are placed on all employees in the Classified Service of the City of BeII Gardens and those procedures which insure like treatment for those who present themselves for original employment or promotion.

Section 1.03 Authority of the City Manager
In accordance with Sections 2.40.010, et seq., of the BeII Gardens Municipal Code, the City Manager, as the appointing power, shall have general control and supervision over the affairs of the City; the authority to establish, when not in conflict with these Rules such other procedures as they deem necessary for the control and supervision of the affairs of the City; and the power to appoint, to make transfers, promotions, demotions, reinstatements, and layoffs, and to suspend or dismiss City employees. With the approval of the City Council, the City Manager may delegate any of the powers and duties as Personnel Officer to any other employee of the City.

Section 1.04 No Contract Right, City's Discretion to Modify these Rules These Rules do not create any contractual rights, or any express or implied employment contract between the City and the individuals covered by these Rules.

The City retains full and exclusive authority and discretion to modify these Rules at any time in accordance with law.

Section 1.05 Applicability of Rules
These Rules shall apply with equal force to all City employees unless expressly exempted or excluded herein.

Page 1 ends

13363288.1 BE030-197

Independent contractors, volunteers, and City Council Members are not City employees, and are therefore not covered by the Rules included herein.

Section 1.06 Conflict Between these Rules and Employee MOU If a provision of these Rules conflicts with any provision of a valid Memorandum of Understanding ("MOU") between the City and a recognized employee organization, the provision of the MOU that is in conflict with the provision of these Rules shall apply to employees who are covered by that MOU.

Section 1.07 Conflict Between these Rules and Department Rules Department Heads may create rules and regulations more specific to the Department's operation. None of the department rules, regulations, or directives shall conflict with or supersede any provisions of the Personnel Rules, and in the event of any conflict the same shall be resolved in favor of these Rules. All Departmental rules and regulations established by the Department Head shall be approved by the City Manager.

Section 1.08 Employee Acceptance of Rules and Revisions to Rules As a condition of employment, the City requires that each employee read, and if necessary, request clarification regarding these policies.

Each employee must sign a statement of receipt acknowledging the following: (1) they have received a copy, or have been provided access to the Rules; and (2) they understand that they are responsible for reading and becoming familiar with the contents of the Rules, as they are currently drafted, as well as with all subsequent revisions to the Rules.

Section 1.09 Delegation of Authority
The City Council delegates to the City Manager the authority to authorize employment, establish job responsibilities, and perform other personnel actions as to all subordinate employees in accordance with all federal and state laws and regulations and these Rules.

The City Manager may delegate responsibility to the Personnel Officer to perform personnel actions in accordance with this section.

Retention of Personnel Authority as to Certain Personnel As to elected officials, and employees who directly report to the City Council and other elected officials, if any, the City Councilmembers and other elected officials, if any, retain(s) exclusive authority over all personnel actions related to these employees, as authorized by federal and state laws and regulations and these Rules. 2 13363288.1 BE030-197

Section 1.10 Categories of Employment and Non -Employees At -Will Employee
An at -will employee is one who serves at the pleasure of the appointing authority, has no property right in continued employment with the City, and is not entitled to any pre- or post - disciplinary procedural due process or evidentiary appeal.

At -will employees include the following employees:
(a) City Manager
(b) Assistants to the City Manager
(c) City Clerk
(d) Department Heads
(e) Department Managers
(f) Employees whose positions are funded under a federal or state employment program
(g) Employees designated as provisional, part-time, and temporary (h) Probationary employee
Probationary Employee
A probationary employee is an employee who is serving a probationary period after beginning employment with the City or after being promoted to a higher job classification.

During the initial probationary period, a probationary employee serves at the pleasure of the appointing authority, has no property right in continued employment, and is not entitled to any pre- or post -disciplinary procedural due process or evidentiary appeal.

A probationary employee serving in the initial probationary period is an at -will employee.

For -Cause Employee
A for -cause employee is an employee who has satisfactorily completed the initial probationary period or the probationary period after being promoted to a higher job classification and cannot be disciplined, except when the City has cause to do so.

A for -cause employee has a property right in continued employment with the City and is entitled to pre- and post -disciplinary procedural due process and evidentiary appeals in certain types of disciplinary proceedings that may result in a significant deprivation of property.

Full or Part -Time Employee
A full-time employee is an employee whose position is budgeted to work at least 40 hours per week. Full-time employees are entitled to all benefits provided in these Rules, unless otherwise provided in an MOU or an employment agreement approved by the City 3 13363288.1 BE030-197

Council.

A part-time employee is an employee whose position is budgeted to work less than 40 hours per week. Part-time employees may have different rights to leave and other benefits under the law or these Rules, depending on the number of hours they work.

Provisional Employee
A provisional employee is an at -will employee who is not appointed from an eligible list, but on a short-term or seasonal basis that is not to exceed six (6) months.

A provisional employee serves at -will, at the pleasure of the appointing authority, has no property right in continued employment, and is not entitled to any pre- or post -disciplinary procedural due process or evidentiary appeal.

Volunteer
A volunteer is not a City employee, but is instead an individual who provides services to the City for civic or philanthropic reasons and receives no compensation or benefits other than nominal fees and reimbursement of expenses.

A volunteer serves at -will and at the pleasure of the appointing authority, has no property right in continued employment, and is not entitled to any pre- or post -disciplinary procedural due process or evidentiary appeal.

Independent Contractor
An independent contractor is not a City employee, and serves solely pursuant to a contract entered into by the City pursuant to the City's purchasing policies and procedures.

CHAPTER 2. EQUAL EMPLOYMENT OPPORTUNITY
Section 2.01 Equal Employment Opportunity Policy
The City affords equal employment opportunity for all qualified employees and applicants to all terms of employment with the City, including but not limited to, compensation, hiring, training, promotion, transfer, discipline and termination.

The City prohibits discrimination against employees and applicants for employment on the basis of the employee or applicant's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40 and over), sexual orientation, or military and veteran status, or any other basis protected by law.

Any employee, volunteer, or applicant who believes they have experienced any form of employment discrimination or abusive conduct are encouraged to report the conduct 4 13363288.1 BE030-197

immediately by using the complaint procedures provided in these Rules, or by contacting the Equal Employment Opportunity Commission ("EEOC"), or the Civil Rights Department ("CRD").

Section 2.02 Policy Against Discrimination, Harassment and Retaliation Complaint Procedure
Purpose
The City is committed to preventing discrimination, harassment and retaliation in the workplace.

The City has zero tolerance for any conduct that violates this policy. Conduct need not violate either federal or state law in order to constitute a violation of this policy. A single act by a City employee may constitute a violation of this policy and provide sufficient grounds for the City to discipline the City employee.

This policy establishes a complaint procedure by which the City will investigate and resolve complaints of discrimination, harassment, and retaliation by and against City covered individuals. The City encourages all covered individuals to report any conduct that they believe violates this policy as soon as possible.

The City expressly prohibits any retaliation against an employee because they filed or supported a complaint or because they participated in the investigation or complaint resolution process. Individuals found to have retaliated against an employee in violation of this policy will be subject to appropriate sanction or disciplinary action, up to and including termination.

Covered Individuals and Scope of Policy
This policy covers the following individuals: applicants for employment at the City; City employees regardless of rank or title; elected or appointed officials of the City; interns; volunteers; and contractors.

This policy applies to all terms and conditions of employment, internships, and volunteer opportunities, including but not limited to, selection, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation, and training.

Definitions
A. Protected Classification. This policy prohibits discrimination, harassment or retaliation because of an individual's protected classification. "Protected Classification" includes race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age 5 13363288.1 BE030-197

(40 and over), sexual orientation, or military and veteran status, or any other basis protected by law.

This policy prohibits discrimination, harassment or retaliation for the following reasons: (1) an individual's protected classification; (2) the perception that an individual has a protected classification; or (3) the individual associates with a person who has or is perceived to have a protected classification.

B. Protected Activity. This policy prohibits discrimination, harassment, and retaliation because of an individual's protected activity.

Protected activity includes, but is not limited to, the following activity: (1) making a request for an accommodation for a disability; (2) making a request for accommodation for religious beliefs; (3) making a complaint under this policy; (4) opposing violations of this policy; or (5) participating in an investigation under this policy.

C. Discrimination. This policy prohibits treating a covered individual differently and adversely because of the individual's actual or perceived protected classification; because the individual associates with a person who is or is perceived to be a member of a protected classification; or because the individual participates in a protected activity as defined in this policy.

D. Harassment. This policy prohibits harassment of a covered individual because of the individual's actual or perceived protected classification. Harassment includes, but is not limited to, the following conduct:
(1) Derogatory, offensive or inappropriate speech, such as epithets, slurs or stereotypical comments, or verbal propositions made on the basis of the individual's protected classification. This includes, but is not limited to, comments, stories, and jokes about appearance, dress, physical features, gender identification, and race.
(2) Physical acts, such as assault, impeding or blocking movement, offensive touching, or physical interference with normal work or movement. This includes, but is not limited to, pinching, grabbing, patting, or making explicit or implied job threats or promises in return for submission to physical acts. (3) Visual acts, such as derogatory, offensive or inappropriate, posters, cartoons, emails, pictures or drawings related to a protected classification. (4) Unwanted sexual advances, requests for sexual favors and other acts of a sexual nature, where submission is made a term or condition of employment, where submission to or rejection of the conduct is used as the basis for employment decisions, or where the conduct is intended to or actually does unreasonably interfere with an individual's work performance or create an intimidating, hostile, or offensive working environment. 6 13363288.1 BE030-197

E. Other Examples of Conduct That Might Constitute Harassment. Harassment includes conduct that another individual who is a member of the protected classification would find unwelcome or unwanted. Harassment may include the following:
(1) Conduct that is not intended as to harass. Conduct may violate this policy if the conduct is directed at, or implicates a protected classification and the recipient finds the conduct to be offensive or inappropriate, even if its well-intentioned conduct (e.g., gifts, over -attention, endearing nicknames, hugs). (2) Conduct to which the recipient appears to have consented. The City does not recognize as a defense that the recipient appeared to have consented to the conduct at issue by failing to protest about the conduct. A recipient may not protest offensive or inappropriate conduct for many legitimate reasons, including but not limited to, the need to avoid being perceived as insubordinate or to avoid being ostracized or subjected to retaliation. (3) Conduct about which no employees previously complained. The fact that no employee previously complained about the same or substantially similar conduct does not mean that the conduct is inoffensive or appropriate nor does that fact preclude an employee from complaining about such conduct if it is repeated.
(4) Conduct witnessed by a third party or about which a third party learns, even if they did not witness such conduct. Visual, verbal, or physical conduct between two (2) people, who do not find such conduct to be offensive or inappropriate, may constitute harassment if a third party witnesses such conduct or learns about the conduct later and finds the conduct to be offensive or inappropriate.

Conduct can constitute harassment even if it is not explicitly or specifically directed at a particular individual.
(5) Conduct can constitute harassment even if the individual has no intention to harass. Conduct that may be well-intentioned conduct (e.g., gifts, over - attention, endearing nicknames, hugs) may nevertheless constitute harassment if the conduct is directed at, or implicates a protected classification, and if the individual finds such conduct inappropriate or offensive.

F. Retaliation. Retaliation occurs when an employer takes adverse action against a covered individual because of the individual's protected activity as defined in this policy.
"Adverse action" may include, but is not limited to, the following actions: (1) disciplinary action; (2) counseling; (3) taking sides because an individual has reported harassment or discrimination; (4) spreading rumors about a complainant or about someone who supports or assists the complainant or who participates in the investigation; (5) shunning or avoiding an individual who reports harassment or discrimination; or (6) making real or implied threats of intimidation to prevent or deter an individual from reporting harassment or discrimination. 7 13363288.1 BE030-197

Complaint Procedure
A covered individual who believes they have been subjected to discrimination, harassment or retaliation may make a complaint, either orally or in writing, to any supervisor, manager, their Department Head or to the Personnel Officer, without regard to any chain of command.

Any supervisory or management employee who receives a harassment complaint should immediately notify the Personnel Officer. Upon receiving notification of a complaint regarding discrimination, harassment or retaliation, the Personnel Officer or their designee will complete and/or delegate the following steps:

A. Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will usually include interviews with the following individuals: (1) the complainant; (2) the accused (i.e., the subject of the investigation); (3) witnesses to the conduct at issue in the complaint; and (4) other persons who have relevant knowledge concerning the allegations in the complaint.

B. Review the factual information gathered during the investigation to determine whether the alleged conduct violated the policy giving consideration to all factual information, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.

C. Prepare a summary report of the determination as to whether the conduct violated this policy and provide such report to the appointing authority (i.e., City Manager).

If discipline or sanctions are imposed, the level of discipline or sanctions will not be communicated to the complainant.

D. If conduct in violation of this policy occurred, take or recommend to the appointing authority prompt and effective remedial action. The remedial action will be commensurate with the severity of the offense.

E. Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation.

If the Personnel Officer is accused, or a witness to the events at issue, an individual with higher authority will complete and/or delegate the above enumerated steps.

Proactive Approach
The City takes a proactive approach to potential policy violations and will conduct an investigation if its supervisory or management employees become aware that harassment, discrimination or retaliation occurred or may be occurring, regardless of whether the recipient or third party reports a potential violation.

Right to File Report with Outside Administrative Agencies An individual possesses the right to report workplace harassment, discrimination or 8 13363288.1 BE030-197

retaliation to the EEOC and/or the CRD. These administrative agencies provide a complaint process as well as certain legal remedies where the applicable agency determined that a violation of the law occurred.

The nearest EEOC and CRD offices are listed on the internet and in the government section of the telephone book. Employees may also check the posters that are located on City bulletin boards for EEOC and CRD office locations and telephone numbers.

Confidentiality
The City will make every effort to assure the confidentiality of complaints made under this policy to the greatest extent allowed by law. However, complete confidentiality may not be possible because of the City's need to investigate the complaint and provide the subject of the complaint their due process rights, which include providing the subject of the investigation a copy of the complaint after the initial investigatory interview, if requested.

The City expressly prohibits an employee who is interviewed during the course of an investigation from attempting to influence other employees, including employees who may have witnessed the underlying conduct at issue, while the investigation is open and ongoing.

An employee may discuss their interview with a designated representative from the employee's employee organization and/or the employee's legal representative. The City will not disclose a completed investigation report, except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or court order.

Responsibilities
A. Each non -supervisor or non -manager is responsible for the following:
(1) Treating all individuals in the workplace or on City worksites with respect and consideration.
(2) Modeling behavior that conforms to this policy.
(3) Participating in periodic training on personnel matters. (4) Cooperating with the City's investigations, pursuant to this policy, by responding fully and truthfully and in a timely manner to all questions posed during the investigation.
(5) Taking no action to influence the complainant or any potential witness while the City's investigation is ongoing.
(6) Reporting any act they believes in good faith constitutes harassment, discrimination or retaliation as defined in this policy, to their immediate supervisor or manager, or Department Head, or the Personnel Officer.

B. In addition to the responsibilities listed above, each manager and supervisor is responsible for the following:
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(1) Informing employees under their supervision of this policy. (2) Taking all steps necessary to prevent harassment, discrimination and, retaliation from occurring, including but not limited to, monitoring the work environment and taking immediate and appropriate action to stop violations (e.g., removing inappropriate pictures or correcting inappropriate language). (3) Receiving and responding to complaints in a uniformly fair and serious manner.
(4) Documenting the steps taken to resolve such complaints. (5) Following up with those who have complained to ensure that the offensive conduct about which they complained has stopped and that there have been no reprisals or retaliation or threats of reprisals or retaliation. (6) Informing those who complain about harassment and/or discrimination of their option to contact the EEOC or CRD and file a complaint about such activity.
(7) Assisting and/or advising employees regarding this policy. (8) Assisting in the investigation of complaints involving subordinate employee(s).
(9) Where a complaint is substantiated, assisting in the development of a recommendation concerning an appropriate corrective or disciplinary action in accordance with these policies.
(10) Implementing appropriate corrective or disciplinary actions. (11) Reporting potential violations of this policy to the Personnel Officer, regardless of whether an employee complained about such conduct. (12) Participating in periodic training and scheduling employees for training.

Section 2.03 Reasonable Accommodation and Interactive Process Statement of Policy
Absent the imposition of undue hardship to the City or its operations or the existence of a direct threat to either the health and safety of employee requesting the accommodation or others, the City will provide employment -related accommodations to the following employees and applicants for employment:

A. Qualified individuals with disabilities, both applicants and employees, to enable them to perform essential job functions; and
B. Employees with conditions related to pregnancy, childbirth, or a related medical condition, if she so requests, and with the advice of her health care provider; and C. Employee victims of domestic violence, sexual assault, or stalking to promote the safety of the employee victim while at work; and
D. Employees who request reasonable accommodation to address a conflict between religious belief or observance and any employment requirement. 10 13363288.1 BE030-197

Supporting Medical Documentation or Certification
A. Reasonable Medical Documentation of Disability. If the disability or the need for reasonable accommodation is not obvious, the City may require the individual requesting such accommodation to provide reasonable medical documentation confirming the existence of the disability and the need for reasonable accommodation, along with the name and credentials of the individual's health care provider. If the individual provides insufficient documentation, the City will do the following: (1) explain the insufficiency of the documentation provided; (2) allow the employee or applicant to supplement the documentation in order to remedy the issue with the documentation provided; and (3) pursue the interactive process only to the extent that the request for reasonable accommodation is supported by the medical documentation provided.

B. Medical Certification Indicating the Need for a Reasonable Accommodation or Transfer Due to Pregnancy or Related Conditions. If a pregnant employee, or an employee with a pregnancy -related condition, requests a reasonable accommodation or transfer due to pregnancy, the City will provide the employee with notice of the need for a medical certification within two business days after the employee's request for accommodation. A medical certification confirming the need for a reasonable accommodation, including transfer, is sufficient if it contains:
(1) a description of the requested accommodation or transfer; (2) a statement describing the medical advisability of the accommodation or transfer due to pregnancy; and (3) the date that the need for the accommodation or transfer will become necessary and the estimated duration of the accommodation or transfer.

C. Certification of Victim Status. An employee who is a victim of domestic violence, sexual assault, or stalking and who requests an accommodation to provide for their safety while at work must provide both of the following:
(1) A written statement signed by the employee or an individual acting on the employee's behalf, to certify that the accommodation is to address victim -safety concerns while at work; and
(2) A certification demonstrating the employee's status as a victim of domestic violence, sexual assault, or stalking, which can be in the form of: a police report indicating the employee's victim status; a court order separating the perpetrator from the employee or that the employee has appeared in court for that purpose; or documentation from a medical professional or counselor that the employee is undergoing treatment for physical or mental injuries or abuse resulting from an act of domestic violence, sexual assault, or stalking.

Fitness For Duty Examinations
A. Applicants. After the City extends a conditional offer of employment to an applicant, the City may require the applicant to submit to a fitness for duty examination that 11 13363288.1 BE030-197

is job -related, necessary for efficient operations of the agency, and required of all applicants for the job classification. The City will notify an applicant or employee who is required to pass a medical and/or psychological examination of their right to obtain a second opinion at their expense and that he/she may submit such second opinions for consideration.

B. Current Employees.
(1) The Personnel Officer may require an employee to submit to a fitness for duty examination in order to determine whether the employee has a disability and is able to perform the essential functions of their job when there is significant evidence of the following: The employee's ability to perform one or more essential functions of their job has declined; or
(2) Could cause a reasonable person to question whether an employee is still capable of performing one or more of their essential job duties, or is still capable of performing those duties in a manner that does not harm themselves or others.

C. Role of the Healthcare Provider. The City may request the applicant's or employee's health care provider to conduct a fitness for duty exam on the applicant or employee, or may request a City -selected health care provider to do so at the City's expense. The City will allow an employee paid time off to attend the exam.

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 job. The examination will be limited to determining whether the applicant or employee can perform the essential functions of their position and any work restrictions and/or functional limitations that apply to the applicant or employee. The health care provider will examine the employee and provide the City with non -confidential information regarding whether:
(1) The applicant or employee has a disability within the meaning of the FEHA; (2) The applicant or employee is fit to perform essential job functions; (3) Workplace restrictions or functional limitations apply to the applicant or employee, and the duration of the work restrictions or functional limitations; (4) There are any reasonable accommodations that would enable the employee to perform essential job functions; and
(5) The employee's continued employment poses a threat to the health and safety of themselves or others.

Should the health care provider exceed the scope of the City's request and provide confidential health information, without valid consent of the applicant or employee, 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.
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D. Authorization for Use of Medical Information. During the course of a fitness for duty examination, the City will not seek or use information regarding an employee's medical history, diagnoses, or course of treatment without an employee's written authorization.

If an employee or applicant submits medical information to the City from their own health care provider, the Personnel Officer will not forward that information on to the health care provider who conducted the examination for the City without the employee or applicant's written authorization.

Upon receipt of the written authorization, the Personnel Officer will request the City -paid health care provider to determine whether the information alters the original fitness for duty assessment.

Interactive Process
A. The Personnel Officer will initiate the interactive process when:
(1) An applicant or employee with a known physical or mental disability or medical condition requests reasonable accommodation(s);
(2) The City otherwise becomes aware of the need for an accommodation through a third party (e.g., a doctor's note requesting an accommodation), or by observation of the employee's work;
(3) The City becomes aware of the possible need for an accommodation because the employee with a disability has exhausted workers' compensation leave, Family and Medical Act leave, or other leave rights, but the employee and/or the employee's health care provider indicate that further accommodation is still necessary for recuperative leave or other accommodation; (4) An employee disabled by pregnancy, childbirth or related medical conditions requests a reasonable accommodation or transfer based on the advice of her health care provider;
(5) An employee with a physical or mental disability, regardless of cause, fails to return to work following pregnancy disability leave;
(6) An employee -victim of domestic violence, sexual assault, or stalking requests a reasonable accommodation(s) for their safety at work; (7) An employee requests an accommodation to address a conflict between religious belief, observance, or practice and any employment requirement; or (8) An employer is aware of the need for a reasonable accommodation for an employee or applicant's religious beliefs, observance or practices.

B. Interactive Communication. After the occurrence of any of the above -stated circumstances that trigger the need to conduct an interactive process meeting, the Personnel Officer will promptly arrange for a discussion or discussions, in person or via conference telephone call, with the applicant or employee and their designated representative (if any). The purpose of the interactive communication will be to discuss in good faith all feasible potential reasonable accommodations. 13 13363288.1 BE030-197

The Personnel Officer will document these communications in writing.

Potential Accommodations for Applicants or Employees with Disabilities Depending on the facts of each case, the interactive process analysis will generally begin with a review of possible reasonable accommodations that would enable the individual to retain their current job. The process will generally then move on to possible reasonable accommodations in other vacant jobs, for which the individual is qualified, if there is no reasonable accommodation in the current job that does not cause undue hardship, or that does not present a risk of harm to the individual or others. The City will consider accommodations that the applicant or employee suggests, but has the right to select and implement any reasonable accommodation that it deems effective. The range of potential reasonable accommodations includes, but is not limited to, the following:
(1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities, including but not limited to, the following:
acquisition or modification of equipment or devices; adjustment or modifications of examinations, training materials or policies; and/or the provision of qualified readers or interpreters;
(2) Job restructuring;
(3) Part-time or modified work schedules;
(4) Paid or unpaid leave of absence of a finite duration that is likely to enable the employee to return to work at the end of the leave;
(5) Preferential consideration to reassignment to a vacant, comparable position, except when such preference would violate a bona fide seniority system.

Potential Accommodations for Employees Affected by Pregnancy and Related Medical Conditions
Depending on the facts of each case, the interactive process will attempt to identify and implement a reasonable accommodation that is consistent with the medical certification applicable to the applicant or employee. Whether an accommodation is reasonable is a case -by -case analysis that takes into account several factors, including but not limited to:
the employee's medical needs; the duration of the needed accommodation; and the employer's legally permissible past and current practices. The range of potential accommodations includes, but is not limited to, the following:
(1) Transfer to a less strenuous or hazardous position for the duration of the pregnancy;
(2) Change in or restructuring of work duties, such as modifying lifting requirements;
(3) Providing more frequent breaks;
(4) Providing seating;
(5) Time off for medical appointments; and
(6) Transfer temporarily to a job with equivalent pay and benefits that the employee is qualified to perform in order to accommodate reduced work schedule or intermittent leave. However, a reduction in work hours may be considered a 14 13363288.1 BE030-197

form of pregnancy disability leave and deducted from the employee's four (4) month pregnancy disability leave entitlement.

Potential Accommodations for Employee -Victims of Domestic Violence, Sexual Assault, or Stalking
Depending on the facts of each individual case, the interactive process analysis will review all possible accommodations that would enhance the safety of the employee victim at work. In determining what accommodation is reasonable, the City will consider the exigent circumstance or danger facing the employee. The City will consider the preferences of the employee to be accommodated, but has the right to select and implement any accommodation that it deems effective. The range of potential safety measure accommodations includes, but is not limited to, the following:
(1) Transfer, reassignment, modified schedule;
(2) Change in work telephone number;
(3) Change in location of work station;
(4) Installation of locks;
(5) Assistance in documenting domestic violence, sexual assault, stalking, or a crime that occurs in the workplace;
(6) The implementation of a safety procedure(s);
(7) Adjustment to job structure, workplace facility, or work requirement; and (8) Referral to a victim assistance organization.

Potential Accommodations for Religious Creed, Religious Dress Practice, or Religious Grooming Practice
Depending on the facts of each case, the interactive process analysis will review all possible accommodations that would resolve the conflict between the religious belief or observance and any employment requirement. The City will consider the preference of the employee or applicant, but has the right to select and implement any accommodation that it deems effective. The range of potential accommodations includes, but is not limited to, the following:
(1) Job restructuring or job reassignment (but not segregation from other employees or the public);
(2) Modification of work practices, including dress or grooming; (3) Allowing time off in an amount equal to the amount of non -regularly scheduled time the employee has worked in order to avoid a conflict with their religious observances; and
(4) Allowing alternatives to union membership or payment of union dues.

Determination
After the interactive process communications, the Personnel Officer will review the information received, and determine: whether all available information has been reviewed; whether all potential accommodations that the applicant or employee has 15 13363288.1 BE030-197

suggested have been considered; whether additional discussions with the applicant or employee would be helpful; whether the applicant's or employee's preferences have been taken into account; if there is a reasonable accommodation that would enable the applicant or employee to perform essential job functions without harming themselves or others; and if the accommodations would pose an undue hardship on City finances or operations. The Personnel Officer will inform the applicant or employee of their determination in writing. The Personnel Officer will use their discretion based upon the particular facts of each case.

Access to Medical Information Regarding Fitness for Duty Medical records and information regarding fitness for duty, or the need for an accommodation, will be maintained separately from non -medical records and information.

Medical records and information regarding fitness for duty and the need for accommodation will be accessible only by the Personnel Officer, the City's legal counsel, first aid and safety personnel in case of emergency, and supervisors who are responsible for identifying reasonable accommodations. Medical records and information contained therein may be released pursuant to federal and state law.

Section 2.04 Whistleblower Protection Policy
Policy
The City prohibits all of the following conduct by City employees:

A. Taking any retaliatory adverse employment action against an employee because the employee has or is believed to have disclosed information to any government or law enforcement agency, including to the City, if the employee has reasonable cause to believe that the information discloses a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation; B. Preventing an employee from disclosing information to a government agency, including to the City, if the employee has reasonable cause to believe that the information discloses a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation; C. Retaliating against an employee for refusing to participate in any activity that would result in a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation; and
D. Retaliating against an employee because the employee's family member has, or is perceived to have engaged in any of the protected activities listed in (A) -(C) above.

Policy Coverage
This policy governs and protects City officials, officers, employees, provisional employees, or applicants for employment.
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Definitions
A. "Protected activity" means any of the following activities:
• Filing a complaint with a federal or state enforcement or administrative agency that discloses any information that the employee has reasonable cause to believe violates federal or state law or a violation or noncompliance with a local, state, or federal rule or regulation;
• Participating in or cooperating in good faith with a local, federal or state enforcement agency that is conducting an investigation in to alleged unlawful activity;
• Testifying in good faith and with reasonable cause as a party, witness, or accused regarding alleged unlawful activity;
• Associating with another covered individual who is engaged in any of the protected activities enumerated here;
• Making or filing in good faith and with reasonable cause an internal complaint with the City regarding alleged unlawful activity; • Providing informal notice to the City regarding alleged unlawful activity; • Calling a governmental agency's "whistleblower hotline" in good faith; • Filing a written complaint under penalty of perjury that the City has engaged in gross mismanagement, a significant waste of public funds, or a substantial and specific danger to public health or safety; and • Refusing to participate in any activity that the employee reasonably believes would result in a violation of federal or state law, or a violation or noncompliance with a local, state, or federal rule or regulation.

B. "Adverse action" means, but is not limited to, the following actions:
• Real or implied threats of intimidation to attempt or prevent an individual from reporting alleged wrongdoing or because of actual or potential protected activity;
• Refusing to hire an individual because of actual or potential protected activity;
• Denying promotion to an individual because of actual or potential protected activity;
• Taking any form of disciplinary action because of actual or potential protected activity;
• Extending a probationary period because of actual or potential protected activity;
• Altering work schedules or work assignments because of actual or potential protected activity;
• Condoning hostility and criticism of co-workers and third parties because of actual or protected activity;
• Spreading rumors about a person because of that person's actual or perceived protected activity; and
• Shunning or unreasonably avoiding a person because of that person's actual or perceived protected activity.
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Complaint Procedure
An applicant, employee, or provisional who feels they have been retaliated against in violation of this policy should immediately report the conduct according to the complaint procedure in the City's policy against discrimination, harassment or retaliation so that the complaint can be resolved fairly and quickly. Supervisors and managers have the same responsibilities as defined in the policy against discrimination, harassment or retaliation.

CHAPTER 3. CLASSIFICATION
Section 3.01 Preparation and Adoption
The Personnel Officer shall prepare and maintain the Classification Plan. The Classification Plan shall consist of those classes of positions in the City service as approved by the City Council in adopting, amending or revising the Classification Plan.

Section 3.02 Class Titles
The class title shall be the official designation of an individual position or group of positions sufficiently similar with respect to duties, responsibilities, authority and character of work to permit grouping under that title, and to permit the same schedule of compensation to be applied with equity to all said positions. Class titles shall be utilized in all official records when necessary to identify the position an employee occupies.

Section 3.03 Class Specifications
A class specification is a written record providing the title and definition of a class, a listing of illustrative examples of duties to be performed and the qualifications necessary for consideration for appointment. Qualifications may be stated as a minimum that is acceptable or desirable, and shall be revised as the need arises. A class specification may include other pertinent information as deemed necessary by the Personnel Officer. Class specifications shall be descriptive and explanatory, and not restrictive. The class specifications shall not be construed as limiting the assignment of duties of any position, nor as limiting or modifying the power of appointing authority to direct and control the work of employees under their supervision.

Section 3.04 Position Classification Studies
The Personnel Officer shall have the right to initiate and conduct studies of any position in the competitive service to determine such position's proper classification. Said right shall include access to department records considered pertinent to such study, consultation with employees and/or supervisors regarding duties, functions and responsibilities of the position, and the collection of such other information believed necessary for making a decision.
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Section 3.05 Request for New Classification
A Department Head, when requesting a new classification to be created, shall, upon request of the Personnel Officer, provide information pertinent to class specifications.

Section 3.06 Request for Reclassification
When a Department Head believes a position is not properly classified due to a significant change in duties, functions and responsibilities, the Department Head may request that a position classification study be initiated by the Personnel Officer for the position in question.

Section 3.07 Reclassification
The Personnel Officer shall recommend to the City Council reclassification of any position(s) he determines to be improperly classified. Upon the approval of the City Council of such reclassification, the Personnel Officer shall allocate the position to the proper class. Such reclassification shall not be used for purposes of circumventing restrictions concerning demotions and promotions.

Section 3.08 Class Allocation
When recommending the creation of a new class, the Personnel Officer shall submit for the Department Head's review and comment the class specification for the new class. The new class specification shall be submitted to the City Council for approval. Upon approval of the specifications by the City Council, the Personnel Officer shall allocate such position(s) to the new class as required.

No position shall be allocated to a new class until said class has been approved, by appropriate amendment to the classification plan, by the Personnel Officer and assigned to a salary range.

CHAPTER 4. RECRUITMENT, SELECTION AND APPOINTMENT
Section 4.01 Job Announcements
The Personnel Officer will prepare a job announcement to announce a proposed recruitment.

The announcement may be posted on the City's website and other locations the Personnel Officer deems appropriate, depending upon whether the recruitment is open to the public or current employees only.

The announcement will include the following:

A. The nature of the work to be performed and essential duties of the position; B. The minimum qualification; including whether the job is a promotional position; C. The time, place, and type of the examination, if known, and if a medical 19 13363288.1 BE030-197

examination, and/or a drug screen will be required following a conditional offer of employment;
D. The title and pay scale for the position;
E. The closing date that the Personnel Officer will accept applications, if any; F. A statement of the employment status of the position — for cause or at -will; and G. Such other information as may be pertinent as determined in the discretion of the Personnel Officer.

Section 4.02 Application Forms
Job applications shall require information describing an individual's training, experience, and other pertinent information as deemed necessary to assess qualifications for the job.

Applicants may be required to provide supplementary information, including but not limited to the following: answers to job -related questions; resume; licenses; certifications; diplomas; letters of recommendation; and references. All applications must be completed in full and signed, physically or electronically, by the person applying. The Personnel Officer will not process any application which is not fully completed and signed. Should an applicant be appointed to a position, the supplemental information shall become a part of the individual's permanent employment records.

Section 4.03 Disqualifications
The Personnel Officer may reject any application which: is not properly completed or incomplete; received after the application deadline; or indicates that the applicant does not meet the minimum qualifications for the position. Whenever an application is rejected, notice of such rejection shall be mailed or emailed to the applicant.

Criminal Conviction Check
After the City makes a conditional offer of employment, the Personnel Officer may then request information about criminal convictions, except for misdemeanor cannabis -related convictions that are over two years old, or convictions that have been judicially sealed, eradicated, or expunged. Unless required by law, the City will not deny employment to any applicant solely because they have been convicted of a crime. The City may, however, consider the nature, date and circumstances of the offense, evidence of rehabilitation, as well as whether the offense is relevant to the duties of the position. This policy does not apply to applicants for public safety jobs.

Section 4.04 Employment Examinations
The Personnel Officer will determine the manner and methods of administering employment examinations.

A. Examinations may consist of: written tests; oral tests; evaluations of prior training and performance, experience and/or education; interviews; working style assessments; practical exercises; file review; or any combination thereof. The content of all examinations will be job -related and designed to test knowledge, 20 13363288.1 BE030-197

skills or abilities that help predict successful completion of job duties.

B. The content of all examinations will be kept confidential prior to the administration of the examination. All applicants who are invited to the examination will be notified of the nature of the examination.

C. An applicant with a disability may request accommodation in an examination process. Following receipt of a request for accommodation, the Personnel Officer may require additional information, such as reasonable documentation of the existence of a disability.

D. Failure in one part of the examination, or the failure to meet established standards described in the job announcement, may be grounds for declaring such applicant as failing in the entire examination or as disqualified for subsequent parts of an examination. Each applicant will be notified by mail whether they will continue in the examination process.

E. Applicants who meet the minimum qualifications and pass all examinations may be subject to a background and/or reference check.

Section 4.05 Notification of Examination Results
Each candidate in an examination shall be given written notice of the result thereof and, if successful, of their final earned score and rank on the eligible list.

Any candidate shall have the right to inspect their own examination papers within five (5) business days after the notices of examination results are mailed. Any error in grading or rating, if called to the attention of the Personnel Officer shall be corrected. Correction shall not, however, invalidate any certification or appointment previously made.

Section 4.06 Establishment of Eligible List
After completion of an open or promotional recruitment for a classification, the Personnel Officer will prepare an eligibility list consisting of the names of candidates who passed the examination. Eligibility lists shall become effective upon the certification by the Personnel Officer.

Candidates who pass the examination shall be placed on the eligibility list in alphabetical order by last name. The appointing authority may select any candidate from the eligibility list for appointment.

Section 4.07 Appointments
The Personnel Officer will make all appointments except for those classifications that report to the governing body. The Personnel Officer has discretion to decide in what manner a vacancy shall be filled. Vacancies may be filled by reinstatement, promotion, transfer, demotion, appointment of provisional employees, or from an appropriate 21 13363288.1 BE030-197

eligibility list if available. No specific list shall have priority over other lists. The City Council will make appointments for those classifications that report to it.

When a position is to be filled from a promotional or open eligibility list, eligibles shall be listed alphabetically by last name. The Personnel Officer may select any candidate from the eligibility list for appointment. If no person among the top three candidates indicates a willingness to accept the appointment, the Personnel Officer may make the appointment from among the remaining names on the eligibility list, may request a new examination and establish a new eligibility list, or may fill the position by any other method authorized by these Rules.

Appointment to certain positions may be made contingent upon the applicant/employee passing a drug/alcohol test, and/or a job -related medical and/or psychological examination. Such examination shall only be required after a conditional offer of employment has been made.

The person accepting appointment shall report to the Personnel Officer or designee on the date designated by the Personnel Officer. Otherwise, the applicant shall be deemed to have declined the appointment.

Probationary Appointment
A. At -Will Status: The probationary period is part of the examination process and is used to determine whether work performance or work -related behavior meets the required standards of the position. A probationary employee may be rejected at any time during the probationary period with or without cause or reason, without notice or appeal or grievance, and without any rights set forth under Chapter 11 of these Rules. The probationary employee will be notified prior to the expiration of the probationary period that they have been rejected from probation.

B. Length of Probation: Unless otherwise specified by memorandum of understanding or these Rules, the probationary period is six months or 1040 hours for all employees except for police officers, who shall have a probationary period of 12 months, 2080 hours of actual and continuous service. The probationary period is automatically extended by the length of any absence of one workweek or more. The probationary period can also be extended by the City at the discretion of the City Manager or their designee.

C. At -Will Status: A promotional probationary employee may be rejected at any time during the promotional probationary period with or without cause or reason, without notice or appeal or grievance, and without any rights described in Chapter 11 of these Rules. If the employee fails to satisfactorily complete the probationary period in the promotional position, the employee may return to the position held prior to promotion at the range and step held prior to promotion, if there is a vacancy in the prior position, unless they are terminated for cause.
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D. Length of Probation: On accepting a promotion, an employee serves a new probationary period of six (6) months of actual and continuous service for all employees except for police, who have a probationary period of one year. The probationary period is automatically extended by the length of any absence of a week or more.

CHAPTER 5. EMPLOYMENT OF RELATIVES, SPOUSES, DOMESTIC PARTNERS Policy
The City regulates the employment and placement of relatives, spouses, and domestic partners so as to avoid conflicts of interest and to promote safety, security, supervision, and morale.

Definitions
A. "Relative" means child, step -child, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, or in-laws of those enumerated by marriage or domestic partnership.

B. "Spouse" means one of two persons to a marriage, or two people who are registered domestic partners, as those terms are defined by state law.

C. "Supervisory relationship" means one in which one employee exercises the right or responsibility to control, direct, reward, or discipline another by virtue of the duties and responsibilities assigned to their City appointment.

Employment of Relatives
The City will not appoint, promote or transfer a person to a position within the same department, division, or facility in which the person's relative already holds a position, if any of the following would result:

A. A direct or indirect supervisory relationship between the relatives; B. The two employees having job duties which require performance of shared duties on the same or related work assignment;
C. Both employees having the same supervisor; or
D. A potential for creating an adverse impact on supervision, safety, security, morale or efficiency.

Spouses or Domestic Partners
The City will not appoint, promote, or transfer a person to the same department, division, 23 13363288.1 BE030-197

or facility in which the person's spouse or registered domestic partner already holds a position, if such employment would result in any of the following:

A. One spouse or domestic partner being under the direct supervision of the other spouse or domestic partner; or
B. Potential conflicts of interest or hazards for married persons or those in domestic partnership which are greater than for those who are not married or in domestic partnerships.

Marriage or Domestic Partnership after Employment
A. Transfer: If two City employees who work in the same department later become spouses or domestic partners, the Personnel Officer has discretion to transfer one of the employees to a similar position in another department. Although the wishes of the two employees will be considered, the Personnel Officer retains sole discretion to determine which employee will be transferred based upon City needs for supervision, safety, security or morale. Any such transfer that results in a salary reduction is not disciplinary and is not subject to any grievance or appeal, or pre - or post -disciplinary appeal due process.

B. Separation: If continuing employment of both employees, who work in the same department and who later become spouses or domestic partners, cannot be accommodated in a manner the Personnel Officer finds to be consistent with the City's interest in the promotion of supervision, safety, security, or morale, then the Personnel Officer retains sole discretion to separate one employee from City employment. Absent the resignation of one employee, the less senior employee will be separated. Any such separation is not considered to be disciplinary and is not subject to any grievance or appeal, or pre- or post -disciplinary appeal due process.

CHAPTER 6. SEPARATION FROM THE SERVICE
Section 6.01 Types of Separation
All separations of employees from positions in City employment are designated as one of the following types:
• Resignation
• Probationary Release
• Release of provisional/temporary/emergency employees
• Retirement
• Job abandonment
• Retirement
• Layoff
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• Non -disciplinary separation
• Disciplinary separation
Section 6.02 Resignation
An employee wishing to resign from City employment in good standing must submit written notice of resignation to the supervisory official, at least ten (10) business days prior to the planned separation date, a written resignation stating the effective date and reasons for resignation. The resignation shall be forwarded to the Personnel Officer with a statement by the Department Head as to the resigned employee' s service performance and other pertinent information concerning the cause for resignation. Failure to comply with the aforementioned procedure may be cause for denial of future employment by the City. The Department Head will accept a resignation in writing and it shall become final upon such written acceptance. Once a resignation has been accepted, it is final and irrevocable. A resignation can be accepted by the Personnel Officer even if it is submitted less than two weeks prior to the planned resignation date.

Section 6.03 Release of Probationary Employee
Probationary employees serving in their initial probationary period with the City may be released at any time during the probationary period as recommended by the Personnel Officer, without cause or reason or notice. A released probationary employee has no right to appeal or submit a grievance.

Section 6.04 Release of Provisional, Temporary, and Emergency Employees A provisional, temporary, or emergency employee may be separated at any time, without cause, and without right to any appeal or grievance.

Section 6.05 Job Abandonment
An employee is deemed to have resigned from their position if they are absent for five (5) consecutive scheduled work days/shifts without prior authorization and without notification during the period of the absence. The employee will be given written notice, at their address of record, of the circumstances of the job abandonment, and an opportunity to provide an explanation for the employee's unauthorized absence. An employee who promptly responds to the agency's written notice, within the timeframe set forth in the written notice, can arrange for an appointment with the Department Head before final action is taken, to explain the unauthorized absence and failure of notification.

An employee separated for job abandonment will be reinstated upon proof of justification for such absence, such as severe accident, severe illness, false arrest, or mental or physical impairment which prevented notification. No employee separated for job abandonment has the right to a post -separation appeal.

Section 6.06 Retirement
An employee planning to retire may provide a written notice to the Personnel Officer prior 25 13363288.1 BE030-197

to the effective date of the retirement. A notice of retirement becomes final when the Personnel Officer accepts the notice of retirement in writing. Once a notice of retirement has been accepted, it is final and irrevocable upon completion by CaIPERS.

Section 6.07 Non -Disciplinary Separation
Any employee separated because of an inability to accommodate after the reasonable accommodation and interactive process is concluded, will be given a written pre - separation notice of the reasons for the separation, the evidence supporting the decision to separate for non -disciplinary reasons, and an opportunity to respond before the separation takes effect. Any for cause employee has the opportunity for a post -separation appeal as described in Section 10 of these Rules.

Section 6.08 Disciplinary Separation
A for -cause employee may be separated for disciplinary reasons pursuant to the policy and procedures in Section 10 of these Rules.

Section 6.09 Layoff
Whenever, in the judgment of the City Council, a reduction in personnel is necessary for economic or operational reasons, any employee may be laid off or demoted for non - disciplinary reasons. Notification of Layoff
Employees to be laid off will be given twenty-one (21) calendar days' prior to such action.

A. Bumping Rights. All for -cause employees who are noticed for layoff and who have held for -cause status in a lower classification within the same classification series in the same department, may displace employees in the lower classification provided that the employee seeking to displace has greater length of employment in the lower classification than the incumbent in the lower classification. Employees in lower classifications will be displaced in inverse order of their length of employment in the classification. Any employee who seeks to displace another must provide the Personnel Officer with written notice no later than five (5) business days after the date of the notice of layoff.

B. Seniority in classification shall govern the order of layoff, so that positions remaining which are not abolished or are to be staffed after layoff will be occupied by employees with greatest length of continuous service in the present position subject to the following conditions:
(1) No regular classified employee shall be laid off until all temporary employees and employees in provisional and probationary appointments in the classified service holding positions in the same class in the same department are first laid off.
(2) Whenever seniority is equal, the City may consider the following factors:
26 13363288.1 BE030-197

a) Performance.
b) Date of filing of application.
c) Drawing of lots.
d) Necessity of position.
(3) When two or more departments are consolidated or when a function of one department is transferred to another department, or when a position is eliminated due to reorganization or the implementation of new technology that renders certain functions or classifications obsolete, employees in all involved classifications in both departments shall be subject to layoff if necessary. (4) Layoffs shall be made by class within the department, except as mentioned in the preceding paragraph and except:
a) where a class has a dual or multiple set of functions and the City Council authorizes a layoff by specialty within the class.
b) where the City Council authorizes a layoff by division or other unit of a department in order to combine classes and reach maximum efficiency of operations with the remaining employees.

C. Computation of Seniority. Length of continuous service includes employment without interruption, including all days of attendance at work and approved leaves of absence, whether earned or specially authorized. Length shall not include unauthorized absence, periods of suspension or layoffs, or any other time when not actively engaged at work.

D. Voluntary Reduction in Lieu of Layoff. Any classified employee serving in a regular or promotional probationary status who is scheduled to be laid off may, not later than five (5) business days after notice of the layoff, request a reduction to a lower class in which he has previously served. Such reductions may be made if the previously held position is vacant or an incumbent in such position has less seniority therein than the employee requesting the demotion in lieu of layoff.

Displacement by seniority will be permitted provided the displacing employee has the skills required for that position and has successfully used those skills in their employment for a period of not less than one year within the five year period immediately preceding the date of layoff. The employee displaced shall be considered as laid off for the same reason as the person who displaced them and shall employ the same procedures prescribed herein.

Appeal
An employee who has been noticed for layoff, and who has any questions or concerns about the layoff decision or process may make an appointment to be heard by the Personnel Officer for an informal pre -layoff review. The employee must request this appeal in writing within five (5) business days from the date of the notice of layoff. The Personnel Officer's decision is final.
27 13363288.1 BE030-197

Section 6.10 Recall from Layoff Status
A. Order of Recall. Employees in the classified service who have been laid off shall be placed on an appropriate layoff reinstatement list in order of classification seniority. Such list shall be used by the appointing officer when a vacancy exists for the class or position of former employment.

B. Notice of Recall. Notice of recall from layoff shall be by return requested mail and shall specify the date for reporting to work, which shall not be more than three (3) weeks from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file with the City and attempted delivery or delivery is certified by the postal service.

1. An employee who fails to respond in writing within five business days, refuses recall, or fails to report on the prescribed date within the three weeks' maximum, thereby waives all further right to recall and reinstatement as an employee.

2. Where recall is declined, the City will proceed to the next senior person on the reinstatement list and follow the same notice and response procedure. This process will continue through the list until recall needs are met or the list is exhausted.

Section 6.11 Return of City Property
All City property in the employee's possession must be returned prior to separation, including keys, key gobs, identification cards, equipment, credit cards, gas cards, cell phones, pagers, and any other City equipment.

Section 6.12 Job References/Verification of Employment
All reference inquiries and verifications of employment must be referred to and approved by the Personnel Officer. Unless the Personnel Officer receives a written waiver signed by the employee, the City will release only the employee's dates of employment, last position held, and final salary rate. Department Heads and supervisors should not provide information in response to requests for reference checks or verification of employment, unless specifically approved by the Personnel Officer on a case -by -case basis.

CHAPTER 7 COMPENSATION AND HOURS
Section 7.01 Workweek, Overtime, and Compensatory Time Off Workweek
The work week begins at 12:00 a.m. on Sunday and ends at 11:59 p.m. on Saturday, except for employees on a 9/80 work schedule, or as otherwise designated in an 28 13363288.1 BE030-197

applicable MOU, or by a FLSA 29 U.S.C. § 207(k) ("Section 7(k)") work period for police employees.

A. Workweek for a 9/80 Work Schedule. Employees working a 9/80 work schedule will have a regular day off every other week as determined by the City. For employees working a 9/80 work schedule, each employee's designated work week shall begin exactly four hours after the start of their eight (8) hour shift on the day of the week that corresponds to the employee's alternating regular day off.

B. Workweek for a 4/10 Work Schedule: Employees working a 4/10 work schedule will have one regular day off each week as determined by the City. For employees working a 4/10 work schedule, each employee's designated workweek shall begin at the start of their ten (10) hour shift on the first workday of the employee's workweek. The workweek shall consist of four (4) consecutive ten (10) hour workdays within a recurring 168 -hour period. The City may adjust an employee's regular day off or workweek designation to meet operational needs, consistent with the Fair Labor Standards Act (FLSA) and applicable Memorandum of Understanding (MOU) provisions.

C. Workweek for Police Personnel working a 3/12 Schedule. Employees working a 3/12 work schedule will have three regular days off each week as determined by the City, and one "payback day" of 8 hours on the second workweek of the payroll period.

Overtime
Overtime is all hours an overtime -eligible employee actually works over 40 hours in their designated workweek. Only actual hours worked will be counted toward the 40 -hour threshold for purposes of calculating FLSA overtime pay; paid leave will not be counted.

Overtime -eligible employees who are directed to work overtime must do so.

A. No Remote Access for Overtime -Eligible Employees. Unless the Personnel Officer specifies otherwise in writing, overtime -eligible employees may not have remote access to City equipment, resources, or email.

B. Prior Approval Required for Overtime. Overtime -eligible employees are not permitted to work overtime except as directed and authorized by their supervisor, or in case of emergency, as determined by the agency. Working overtime without prior authorization or approval is grounds for discipline. In emergency situations that necessitate working overtime, the employee must notify a supervisor as soon as possible, and in no event later than the end of that day upon which the emergency occurred. If the supervisor denies the request to work overtime, the employee must obey the supervisor's directive and cease working. Failure to follow these overtime approval procedures may subject the employee to disciplinary action, up to and including termination, for violating the overtime approval procedures.
29 13363288.1 BE030-197

C. Accurate Time Reporting. All employees must accurately report all work time to the nearest five (5) minutes.

D. No Volunteering of Work Time. All time spent for the benefit of the City must be reported as hours worked on time records so that the employee is paid for all work.

Overtime -eligible employees may not "volunteer" work time to perform duties that are the same or similar as their stated or regular job duties. Employees have no authorization to work without compensation. No supervisor has authority to request overtime -eligible employees to volunteer work time.

Compensatory Time Off
An overtime -eligible employee may opt to accrue compensatory time -off (CTO) in lieu of cash payment for overtime worked if their supervisor agrees prior to overtime work being performed.

A. Accrual Rate: CTO accrues at the rate of one and one-half (1.5) hours for each hour, or fraction thereof, worked after 40 hours of actual work within the employee's designated workweek. Time in paid leave status does not count toward CTO. CTO cannot be accumulated in excess of 80 hours at any given time, unless otherwise specified by a Memorandum of Understanding.

B. Employee Request to Use CTO: The City will grant an employee's request to use accumulated CTO provided that: (1) the department can accommodate the use of CTO on the day requested without undue disruption to department operations; and (2) the employee makes the request in writing to the supervisor no later than five calendar days prior to the date requested. If the employee does not provide five calendar days' notice, or if the department cannot accommodate the time off without undue disruption, the City will provide the employee the opportunity to cash out the amount of CTO requested at the end of the current pay period.

C. City Cash Out: The City reserves the right to cash out accumulated CTO at any time.

D. Value of CTO Cash Out: During employment, CTO is cashed out at the employee's current FLSA regular rate of pay (including all FLSA-applicable salary differentials and special pays). Employees separating from City service shall be compensated for all accrued, unused compensatory hours at their current FLSA regular rate of pay, or their average FLSA regular rate for the prior three years, whichever is higher.

Section 7.02 Work Schedules and Attendance
Work Schedules
Work schedules are determined at the discretion of the Department Head and are subject 30 13363288.1 BE030-197

to change with or without notice, according to the needs of the department or City. An overtime -eligible employee shall be in attendance and at work during the hours specified by the supervisor.

Advance Request to Deviate from Regular Work Hours
An overtime -eligible employee is required to seek advance permission from their supervisor for any foreseeable absence or deviation from regular working, break, and meal times.

Notification of Unforeseen Late Arrival or Absence
Arriving late to work or leaving early in connection with scheduled work times, breaks, or meal periods is prohibited, absent authorization. An overtime -eligible employee who fails to timely notify the supervisor of any absences as required by this policy, 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.

Unauthorized Absence is Prohibited in the Event of an "Emergency Condition" In the event of an "emergency condition," the City designates all employees as Disaster Service Workers, and expects such employees to report to their workplace or worksite and not to leave such workplace or worksite.

As used in this policy, "emergency condition" means the existence of either of the following: (1) Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act; or (2) An order to evacuate a workplace, a worksite, a worker's home, or the school of a worker's child due to natural disaster or a criminal act.

Excessive Tardiness/Absenteeism and Abuse of Leave
Excessive tardiness occurs when an overtime -eligible employee who, without authorization, is late to work or late to return from breaks more than three times during any 30 -day period. Excessive absenteeism occurs when the number of unapproved absences for reasons that are not permitted by federal or state law, exceeds three (3) workdays in any three (3) month period. Excessive tardiness or absenteeism may be grounds for discipline, up to and including termination.

Abuse of leave is a claim of entitlement to leave when the employee does not meet the requirements for taking the leave, and may be grounds for discipline, up to and including termination. Should the City suspect that there is an abuse of leave by an employee, the City may require that the employee submit a physician's certificate to support the absence.
31 13363288.1 BE030-197

CHAPTER 8. LEAVE OF ABSENCE
Section 8.01 Vacation Leave and Holidays
The City shall observe the following holidays:
• January 1st (New Year's Day)
• Martin Luther King's Birthday
• President's Day
• Farmworkers Day
• Memorial Day
• Juneteenth
• Independence Day
• Labor Day
• Veterans Day
• Indigenous Peoples' Day
• Thanksgiving Day
• Day After Thanksgiving Day
• December 25
If an employee has not used all of their accrued floating holidays by June 30th, on July 1st they shall be credited with only those hours or fractions thereof to bring their useable balance to 32 hours (subject to the provisions of any memorandums of understanding).

If a holiday falls on a Sunday, the following Monday shall be treated as a holiday. If a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday.

Holiday Pay
Holiday pay for one day shall consist of eight times the employee's regular straight time hourly rate of pay.

Eligibility for Holiday Pay
Full-time employees, and no others, shall be eligible to receive holiday pay.

Employees Required to Work on Holidays
An overtime -eligible employee who is required to work on a holiday will receive holiday pay and pay for the actual time worked on the holiday.

When a holiday falls on a normally assigned day off for an employee who is eligible to receive holiday pay, said employee shall receive their holiday pay in lieu of any additional time off for said holiday. If an employee is scheduled to work on a holiday and does not work due to illness, they may receive sick leave pay as authorized in these Rules and Regulations; but in no case shall said employee receive holiday pay or another day off. 32 13363288.1 BE030-197

In order to receive holiday pay an employee shall work on their last scheduled shift immediately preceding the holiday, and their first scheduled shift immediately after the holiday. Sick Leave, unless approved by a doctor, and/or unauthorized leaves of absence will not be construed as hours worked. Any authorized leaves will be considered hours worked.

Accrual of Floating Holidays
To be eligible to accrue eight (8) hours of floating holiday pay, an eligible employee must be employed on or prior to the first day of the calendar quarter (January 1st, April 1st, July 1st, October 1st). Employees hired after those dates shall not accrue floating holiday pay until the first day of the following calendar quarter. Employees may use floating holiday time prior to their actual accrual dates up to a limit of 32 hours per fiscal year. Any floating holiday time used in excess of actual accruals shall be owed to the City when the employee leaves the City service.

Vacation Leave
Eligible full-time employee who has completed at least one (1) year of continuous service with the City, measured from their anniversary date, shall be eligible for an annual paid vacation the duration of which is authorized in Section 10.02 of these Rules.

The time at which an employee shall take their vacation shall be determined by their department head with due regard for the wishes of the employee and with particular regard for the needs of the service. The City Manager shall have final approval of eligibility of employees for paid vacation leave, and of the time in which said vacation is taken.

Vacation Accrual
Eligible Employees shall accrue vacation leave through the following formula:

After one year of continuous service, full time employees will be eligible to use their accrued vacation leave. In no case shall any employee be eligible to use any accrued vacation time prior to their first anniversary date.

Employees accrue vacation leave at the rate of 6.67 hours per month (not to exceed 80 hours per year) for the 13th through the 48th month of service.

Vacation leave is accrued at the rate of 10.00 hours per month for the 49th through 108th months of service. Vacation leave is accrued at the rate of 13.34 hours per month (not to exceed 160 hours per year) for each month of service past 108 months Employees are not allowed to accrue more than 240 hours of vacation leave. No vacation leave shall accrue to any employee during the period that such employee is on any job or non -job related disability leave or on any other leave of absence that exceeds 30 calendar days.
33 13363288.1 BE030-197

Holidays Falling During Vacation Leave
In the event that one or more holidays observed by the City falls within an employee's annual vacation leave, said employee shall not use a vacation day for such holiday.

Unused Vacation upon Separation
Any employee separating from the City who has accrued vacation leave shall be paid for all accrued vacation at their rate of pay at the time of separation.

Section 8.02 Sick Leave
Sick leave is paid leave from work that an employee may use for the following purposes:
• Diagnosis, care, or treatment of an existing health condition of, or preventative care for the employee themselves or any of the following family members of the employee: a child of any age or dependency status; a parent; a parent -in-law; a spouse; a registered domestic partner; a grandparent; a grandchild; or a sibling; or • Diagnosis, care, or treatment of an existing health condition of, or preventative care for a "designated person"; or
• For an employee who is a victim of domestic violence, sexual assault, stalking, or other crime in order for the employee to engage in any of the following activities:
(1) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or their child; or (2) obtain medical attention or psychological counseling, services from a shelter, program or crisis center; or (3) participate in safety planning or other actions to increase safety.

Terms of Sick Leave
A. Accrual & Carryover for Different Categories of Employees:
(1) Full-time employees who are not provisional, accrue eight (8) hours of sick leave for each calendar month of paid status. Accrued sick leave carries over from year to year. No sick leave shall accrue to any employee during the period that said employee is on disability leave or any other leave of absence that exceeds 30 calendar days, unless otherwise specified by federal or state law, or specified by a Memorandum of Understanding.
(2) A part-time/provisional employee who works 30 or more calendar days within a year from the commencement of employment with the City accrues one hour of paid sick leave for every 30 hours worked. Accrued and unused sick leave carries over to the following year of employment but a part-time or provisional employee stops earning sick leave once they have accrued 80 hours or 10 work days/shifts of such leave, whichever is greater.
34 13363288.1 BE030-197

B. Sick Leave Use. An employee may use accrued sick leave, in a minimum increment of two hours, beginning on the 90th day after the first day of employment with the City, subject to the limits and request provisions in this policy.

C. Protected Sick Leave. An employee's use of paid sick leave provided pursuant to the Labor Code is protected leave.

D. Sick Leave Request. To request to use sick leave if the need for leave is foreseeable, an employee must give the immediate supervisor reasonable advance written or oral notice. If the need for sick leave is not foreseeable, the employee shall provide written or oral notice of the need for the leave as soon as practicable. If the employee is required to be absent on sick leave for more than one day, the employee must keep the immediate supervisor informed each day as to the date the employee expects to return to work and the purpose of the leave.

Failure to request sick leave as required by this policy without good reason, may result in the employee being treated as absent without leave.

E. Certification. The City may require that employees who are not provisional provide a physician's certification to support any absence that involves the illness of the employee or family member if the City suspects that there is an abuse of sick leave by the employee. All employees, including provisional, who use paid leave to address issues related to domestic violence, sexual assault, stalking, or other crimes and who cannot provide advance notice of their need for leave must provide certification of the need for leave within a reasonable time thereafter.

F. Sick Leave on Separation from Employment. Upon honorable separation from City service, regular employees shall be reimbursed for unused sick leave as follow: 1) Employees having five (5) years or less of service shall receive one (1) day's pay for each two (2) days of accumlate4d sick leave; 2) Employees having greater than five (5) years of service shall receive one (1) day's pay for each one (1) day of accumulated sick leave, up to a maximum of ninety (90) working days, or otherwise specified by a Memorandum of Understanding; 3) At the discretion of the employee, any sick leave accumulated past 720 hours can be carried into the following year or surrendered for cash or deposited into a deferred compensation plan at $0.50 per $1.00 of the employee's existing hourly wage rate in December, not to exceed a maximum of 96 earned hours per year.

G. Sick Leave Reinstatement. If an employee separates and is rehired within one (1) year from separation, accrued (or front -loaded) and unused sick leave, to a maximum of 10 days or 80 hours, whichever is greater, will be reinstated. An employee who worked at least 90 days in the initial employment with the City may immediately use reinstated sick leave. An employee who has not worked 90 days in the initial employment with the City must work the remaining amount of the 90 day -qualifying period to be able to use accrued (or front -loaded) sick leave. 35 13363288.1 BE030-197

Section 8.03 Family and Medical Care Leaves
Statement of Policy; Concurrent Running of Leave under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)
The City provides family and medical care leave for eligible employees as required by federal and state law. Employees who misuse or abuse family and medical care leave may be disciplined, up to and including termination. Employees who fraudulently obtain or use California Family Rights Act (CFRA) leave are not protected by the CFRA's job restoration or maintenance of health benefits provisions.

This policy is supplemented by the Federal Family and Medical Leave Act (FMLA), and the CFRA. Unless otherwise stated in this policy, "Leave" means leave pursuant to the FMLA and CFRA. Unless otherwise provided by law, the City will run each employee's FMLA and CFRA leaves concurrently.

Definitions
A. "Child":
(1) Under the FMLA, "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. 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, or using telephones and directories.
(2) Under the CFRA, "child" means a child, including a child who is 18 years of age or older who is capable of self -care. An employee's child means a biological, adopted, foster, step -child, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.

B. "Covered active duty" means: (1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or (2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions.

C. "Covered Service Member" 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 36 13363288.1 BE030-197

otherwise on the temporary disability retired list, for a serious injury or illness; 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.

D. "Designated Person" means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave.

An employer may limit an employee to one designated person per 12 -month period for family care and medical leave.

E. "Domestic Partner" is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient.

F. "Family member" for FMLA leave means an employee's child, parent, and spouse. "Family member" for CFRA leave means an employee's child, parent, parent -in- law, spouse, domestic partner, grandchild, grandparent, and sibling.

G. "Grandchild" means a child of the employee's child.

H. "Grandparent" means a parent of the employee's parent.

I "Health Care Provider" means any of the following:
(1) A Doctor of Medicine or osteopathy who is authorized to practice medicine or surgery in the State of California;
(2) An individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition; (3) A podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (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;
(4) A nurse practitioner or nurse -midwife or a clinical social worker who is authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law; 37 13363288.1 BE030-197

(5) A Christian Science practitioner listed with the First Church of Christ, Scientist in Boston, Massachusetts; and
(6) 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.
"Next of Kin of a Covered Service Member" means the nearest blood relative other than the covered service member'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 service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA.

K. "Outpatient Status" means, with respect to a covered service member, 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.

L. "Parent" means the biological 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.

M. "Parent -in-law" means the parent of a spouse or domestic partner of the employee.

N. "Serious Health Condition" means an illness, injury impairment, or physical or mental condition that involves:
(1) Inpatient Care in a hospital, hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered "inpatient" when a health care facility admits them to the facility with the expectation that they will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or (2) 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. Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision by a health care provider, or 38 13363288.1 BE030-197

by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or
b. Treatment by a health care provider on at least one occasion, which 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.
(3) Any period of incapacity due to pregnancy or for prenatal care. Note that pregnancy is a "serious health condition" only under the FMLA. Under California law, an employee disabled by pregnancy is entitled to pregnancy leave.
(4) Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under direct supervision of a health care provider;
b. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
c. 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.
(5) A period of incapacity that 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 health care provider.
(6) 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 days in the absence of medical intervention or treatment.

O. "Serious Injury or Illness" means: (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 a covered service member incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member's active duty and 39 13363288.1 BE030-197

was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the service 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, 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 manifested itself before or after the member became a veteran.

P. "Sibling" means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.

Q. "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.

R. "Spouse" means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined.

S. "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.

Reasons for Leave
Leave is only permitted for the following reasons:
• The birth of a child or to care for a newborn of an employee; • The placement of a child with an employee in connection with the adoption or foster care of a child;
• Leave to care for a child, parent, or spouse who has a serious health condition; • Under the CFRA only, leave is permitted to care for a domestic partner, grandparent, grandchild, parent -in-law, sibling, or any Designated Person, who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA. • Leave because of a serious health condition that makes the employee unable to perform any one or more essential functions of their position; • Leave for a variety of "qualifying exigencies" arising out of the fact that an employee's spouse, son, daughter, or parent is on active duty or call to active -duty status in the National Guard or Reserves in support of a contingency operation; • Under the CFRA only, leave for a variety of "qualifying exigencies" arising out of the fact that an employee's domestic partner is on active duty or call to active -duty status in the National Guard or Reserves in support of a contingency operation.

Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA; or
40 13363288.1 BE030-197

• Leave to care for a spouse, son, daughter, parent, or "next of kin" who is a covered service member of the U.S. Armed Forces who has a serious injury or 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.

Employees Eligible for Leave
An employee is eligible for leave if the employee satisfies the following conditions:
• The employee has been employed by the City for at least 12 months; • The employee has been employed by the City for at least 1,250 hours during the 12 -month period immediately preceding the commencement of the leave; and • For FMLA leave eligibility, the City directly employs at least 50 full or part-time employees within a 75 -mile radius for each business day during each of 20 or more calendar workweeks in the current or preceding calendar year. The workweeks do not have to be consecutive. The phrase "current or preceding calendar year" refers to the calendar year in which the employee requests the leave or the calendar year preceding this request.

Amount of Leave
Eligible employees are entitled to a total of 12 workweeks (or 26 workweeks to care for a covered service member) of leave during any 12 -month period. If 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.

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 employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for less than two weeks duration on any two occasions.

If leave is requested to care for a child, parent, parent -in-law, spouse, domestic partner, grandparent, grandchild, sibling or the employee themselves with serious health condition, there is no minimum amount of leave that must be taken. However, compliance with the notice and medical certification provisions in this policy is required.

Parents Both Employed by the City
If both married parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave:
• The aggregate number of workweeks of FMLA leave to which both may be entitled 41 13363288.1 BE030-197

may be limited to 12 workweeks during any 12 -month period; and • Each married parent is entitled to take 12 workweeks of CFRA leave during any 12 -month period.

If both married parents of a covered service member are employed by the City and are entitled to leave to care for a covered service member, the aggregate number of workweeks of leave to which both may be entitled is limited to 26 workweeks during the 12 -month period. This limitation does not apply to any other type of leave under this policy.

Employee Benefits While on Leave
Group Health Insurance during Unpaid Leave: Leave under this policy is unpaid. While on unpaid leave, employees will continue to be covered by the City's group health insurance for up to 12 weeks each leave year, to the same extent that coverage is provided while the employee is on the job. If the employee is disabled by pregnancy, coverage will continue up to four months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for baby -bonding, the City will maintain her coverage while she is disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks).

Payment of Premiums: Employees may make the appropriate contributions for continued coverage under the health benefits plans by payroll deductions (if the employee is using their paid leave) or direct payments (if the employee is not using their paid leave). The City will inform the employee whether the direct payments for premiums should be paid to the carrier or to the City, and the deadlines for paying premiums in order to prevent coverage from being dropped. Employee contribution rates are subject to any changes in rates that occur while employee is on leave.

Recovery of Premium if the Employee Fails to Return from Leave: If an employee fails to return to work after their 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 their family member which would entitle the employee to leave, or because of circumstances beyond the employee's control.

Substitution of Paid Accrued Leaves: Although family and medical care leave is unpaid, an employee may elect and the City will require an employee to concurrently use all paid accrued leaves during family and medical care leave as described below.

A. Employee's Right to Use Paid Accrued Leave Concurrently with Family Leave. An employee may use any earned or accrued paid leave, except sick leave, for all or part of any unpaid family and medical care leave. An employee is entitled to use sick leave concurrently with family and medical care leave for the employee's own serious health condition or that of the employee's parent, parent -in-law, spouse, domestic partner, child, grandparent, grandchild, or sibling. 42 13363288.1 BE030-197

B. Employees must use and exhaust their accrued leaves concurrently with family and medical care leave to the same extent that employees have the right to use their accrued leaves concurrently with family and medical care leave with two (2) exceptions as described below:
(1) Employees are not required to use paid leave during leave pursuant to a disability plan that pays a portion of the employee's salary while on leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit; and
(2) An employee must agree to use accrued sick leave to care for a child, parent, spouse or domestic partner, grandparent, grandchild, or sibling.

C. 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 purpose which also qualifies under the FMLA and CFRA, the City will designate that leave as running concurrently with the employee's 12 -week FMLA and/or CFRA leave entitlement. The only exception is for peace officers and firefighters who are on paid industrial injury leave.

D. City's and Employee's Rights if an Employee Requests Accrued Leave without Mentioning FMLA or CFRA. If an employee requests to utilize accrued vacation leave or other accrued paid time off 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 require the employee to exhaust accrued leave as described above.

Medical Certification/Recertification
Employees who request leave must provide a medical certification and/or recertification to support the need for the leave as described below:

A. Employee's Own Serious Health Condition: Employees who request leave for their own serious health condition must provide written certification from the health care provider that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; and a statement that, due to the serious health condition, the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position. Upon expiration of the time period the health care provider originally estimated that the employee needed for their own serious health condition, the employee must obtain recertification if additional leave is requested.

B. Family Member Serious Health Condition: Employees who request leave to care for a child, parent, parent -in-law, domestic partner, spouse, grandparent, 43 13363288.1 BE030-197

grandchild, or sibling who has a serious health condition must provide written certification from the health care provider of the family member requiring care that contains all of the following: the date, if known, on which the serious health condition commenced; the probable duration of the condition; an estimate of the amount of time which the health care provider believes the employee needs to care for the child, parent, domestic partner, spouse, grandparent, grandchild, or sibling and a statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the child, parent, domestic partner, spouse, grandparent, grandchild, or sibling. The term "warrants the participation of the employee" includes, but is not limited to, providing psychological comfort, and arranging third party care for the covered family member, as well as directly providing, or participating in, the medical care.

Upon expiration of the time period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested.

C. Service Member Serious Injury or Illness: Employees who request FMLA leave to care for a covered service member 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 service member's serious injury or illness. The City will verify the certification as permitted by the FMLA regulations.

D. Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, an employer may require the employee to provide a copy of the military member's active duty orders or other documentation issued by the military which indicates that the military member is on covered active duty or call to active duty status in a foreign country, and the dates of the military member's active duty service. A copy of the new active duty orders, or similar documentation, shall be provided to the City 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 military member. The City will verify the certification as permitted by the FMLA and CFRA regulations.

Time to Provide a Medical Certification
When an employee has provided at least 30 calendar days' notice for a foreseeable leave, the employee must provide a medical certification before the leave begins. When this is not possible, the employee must provide the medical 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.

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 time frame established in this policy, the City 44 13363288.1 BE030-197

may delay the taking of FMLA/CFRA leave until required certification is provided, or deny FMLA/CFRA protections following the expiration of the time period to provide an adequate certification.

Personnel Officer's Review of the Contents of Medical Certification for Employee's Own Serious Health Condition
A. Complete and Sufficient: The employee must provide a certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or not responsive. If the certification is incomplete or insufficient, the Personnel Officer will give the employee written notice of the deficiencies and seven calendar days to cure, unless a longer period is necessary in light of the employee's diligent, good faith efforts to address the deficiencies.

B. Authentication and Clarification: After giving the employee an opportunity to cure the deficiencies in a medical certification for the employee's own serious health condition, the Personnel Officer may contact the health care provider who provided the certification to clarify and/or authenticate the certification. "Authentication" means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the health care provider who signed the form. "Clarification" means contacting the health care provider to understand the handwriting on the medical certification or to understand the meaning of the response. The Personnel Officer may not ask for additional information beyond that required on the certification form.

Second and Third Medical Opinions for Employee's Own Serious Health Condition If the City has a good faith, objective reason to doubt the validity of a certification for the employee's serious health condition, 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. The City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee.

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 for their own serious health condition, or 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 45 13363288.1 BE030-197

through an intermittent or reduced leave schedule. The City may require an employee who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternate position of equivalent pay and benefits that better accommodate the leave schedule.

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 verbal or written notice as possible of their need for leave. If leave is foreseeable, at least 30 calendar 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 day(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform their supervisor as soon as possible that such leave will be needed. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable.

Reinstatement upon Return from Leave
Reinstatement to Same or Equivalent Position: 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 benefits and pay. 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.

Date of Reinstatement: 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 the City, the employee will be reinstated within two business days, where feasible, after the employee notifies the employer of their readiness to return.

Employee's Obligation to Periodically Report on Their 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.

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 their job, the employee must obtain and present a fitness -for -duty certification from the health care provider stating that the employee is able to resume work. Failure to provide such certification will result in denial of reinstatement.

Reinstatement of "Key Employees": Under the FMLA only, the City may deny reinstatement to a "key" employee (Le., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the worksite) 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. Under the CFRA, the 46 13363288.1 BE030-197

City may not deny reinstatement to a "key" employee during or upon the expiration of CFRA leave.

Required Forms
Employees must complete the applicable forms to receive family and medical care leave.

The forms may be found by contacting human resources at [email protected].

Section 8.04 Leave Because of Pregnancy, Childbirth, Related Medical Condition, or Reproductive Loss
Amount of Leave
An employee who is disabled because of pregnancy, childbirth, or a related medical condition is entitled to an unpaid leave for up to the number of hours she would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a full-time employee who works 40 hours per week, "four months" means 693 hours of leave entitlement, based on 40 hour per week times 17 1/3 weeks. An employee who works less than 40 hours per week will receive a pro rata or proportional amount of leave.

Notice & Certification Requirements
A. Notice. Requests for pregnancy disability leave must be submitted in writing with reasonable advance notice of the medical need for the leave. All leaves must be confirmed in writing, have an agreed -upon specific date of return, and be submitted to the Personnel Officer.

B. Certification. The request for pregnancy disability leave must be supported by a written certification from the attending physician stating that: (1) the employee is disabled from working by pregnancy, childbirth or a related medical condition; (2) the date on which the employee became disabled by pregnancy, childbirth or a related medical condition; and (3) the estimated duration or end date of the leave.

Compensation during Leave
Pregnancy disability leaves are without pay. However, the employee must first use sick leave, if any. Once sick leave is depleted, the employee may elect to use vacation leave or any other accrued paid time off during the leave.

Benefits during Leave
47 13363288.1 BE030-197

A. Group Health Insurance. An employee on pregnancy disability leave may continue to receive any group health insurance coverage that was provided before her leave, beginning on the date the pregnancy disability leave begins and continuing for up to four months in a 12 -month period, at the same level and under the same conditions that coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. The City may recover premiums it paid to maintain health coverage if an employee does not return to work following pregnancy disability leave, unless the reason for the failure to return is a circumstance beyond her control or the use of the separate right to 12 weeks of bonding leave under the FMLA.

B. Sick and vacation leaves do not accrue after the 30th day of an employee taking an unpaid pregnancy disability leave.

C. Employee Status during Leave. The employee retains employee status during the leave. The leave is not a break in service for purposes of longevity or seniority under any collective bargaining agreement or employee benefit plan. Benefits will be resumed upon the employee's reinstatement in the same manner and at the same levels as provided when the leave began, without any new qualification period, physical exam, or other qualifying provisions.

Reinstatement
A. Upon the expiration of pregnancy leave, the employee will be reinstated to her original or a comparable position, so long as it was not eliminated for a legitimate business reason during the leave.

B. If the employee's original position is no longer available, the employee will be assigned to a comparable, open position.

C. If upon return from leave an employee is unable to perform the essential functions of her 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 in accordance with these Rules.

Leave for Reproductive Loss
The City provides employees who have been employed at least 30 calendar days with Reproductive Loss Leave, in the event of a "Reproductive Loss Event" "Reproductive Loss Event" means the day or, for a multiple -day event, the final day of a Failed Adoption, Failed Surrogacy, Miscarriage, Stillbirth, or an Unsuccessful Assisted Reproduction, as those terms are defined below:
48 13363288.1 BE030-197

• "Failed Adoption" means the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party. This event applies to a person who would have been a parent of the adoptee if the adoption had been completed. • "Failed Surrogacy" means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to a person who would have been a parent of a child born as a result of the surrogacy. • "Miscarriage" means a miscarriage by a person, by the person's current spouse or domestic partner, or by another individual if the person would have been a parent of a child born as a result of the pregnancy.
• "Stillbirth" means a stillbirth resulting from a person's pregnancy, the pregnancy of a person's current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy that ended in stillbirth.
• "Unsuccessful Assisted Reproduction" means an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure.

This event applies to a person, the person's current spouse or domestic partner, or another individual, if the person would have been a parent of a child born as a result of the pregnancy.

Reproductive Loss Leave may be taken for up to five (5) days per Reproductive Loss Event
Reproductive Loss Leave is not required to be taken consecutively, but such leave must be taken within three (3) months of the Reproductive Loss Event, with the exception that, if an employee is on California Family Rights Act (CFRA) leave, Pregnancy Disability Leave (PDL), or another leave protected by state or federal law at the time of or immediately following the Reproductive Loss Event, the employee may use Reproductive Loss Leave within three (3) months of the end date of the other protected leave.

If an employee experiences more than one Reproductive Loss Event within a 12 -month period, the City will provide Reproductive Loss Leave up to a maximum of 20 days within a 12 -month period.

Reproductive Loss Leave is unpaid, but employees may elect to use accrued paid leaves, such as sick leave, personal leave, or vacation in order to provide for their compensation while on Reproductive Loss Leave.

The City will maintain the confidentiality of any employee who requests to use or uses Reproductive Loss Leave, and the City will not disclose such information other than to internal personnel on a need -to -know basis, or as required by law. 49 13363288.1 BE030-197

Lactation Accommodation
An employee may make a request for lactation accommodation, either orally or in writing, to the Personnel Officer.

Following receipt of a request for lactation accommodation, the City will provide a timely written response to the employee in which the City will indicate if it is unable to provide the requested break time or a requested location for the purposes of expressing breast milk.

An employee who does not believe that the City is providing an appropriate lactation accommodation should immediately inform the Personnel Officer.

An employee who does not believe that the City is providing an appropriate lactation accommodation, as required by state law, has the right to file a complaint with the California Division of Labor Standards Enforcement/Labor Commissioner.

Storage of Expressed Milk
Any employee storing expressed milk in any authorized refrigerated area within the City shall clearly label it as such. No expressed milk shall be stored at the City beyond the employee's work day/shift.

Section 8.05 Other Leaves
Leave of Absence without Pay Must Be Authorized by Law or these Rules Unless authorized by law or a City policy, an employee is not entitled to a leave of absence without pay. An authorized leave of absence without pay is not a break in service for purposes of calculating seniority. Unless required by law, vacation leave credits, sick leave credits, increases in salary, all other paid leaves, holidays and fringe benefits and other similar benefits do not accrue to an employee on unpaid leave. Unless required by law, the City will not maintain contributions toward group insurance or retirement coverage for the employee on such leave. During the period of authorized unpaid leave, all service and leave credits shall be retained at the levels existing as of the effective date of the leave.

Industrial Injury Leave
Employees Not Covered by Labor Code Section 4850. Employees, other than those covered by Labor Code section 4850, who are absent from work by reason of an injury or illness covered by Workers' Compensation, shall continue in pay status under the following provisions.

A. Coordination of Benefits. When the employee authorizes, the difference between the amount granted pursuant to such Workers' Compensation and the employee's regular pay will be deducted from the employee's accumulated sick leave, vacation, personal holidays, and compensatory time, if any. The employee will continue in pay 50 13363288.1 BE030-197

status and receive their pay until their accumulated sick leave, and authorized compensatory time, personal holidays and vacation days, have been depleted to the nearest hour.

B. Accrual of Sick and Vacation Leave Continues While on Paid Leave. During the time the employee is in fully paid status while absent from work by reason of injury or illness covered by Workers' Compensation, they shall continue to accrue sick leave and vacation benefits as though they were not on leave of absence.

C. Unpaid Leave and Continuation of Health Care Benefits. Any employee subject to this policy who depletes their accumulated sick leave, compensatory time, personal holiday time and vacation days while absent from work by reason of an injury or illness covered by Workers' Compensation, may receive an unpaid leave of absence and continuation of health care benefits consistent with state and/or federal law.

Employees are expected to schedule follow-up or continuing medical appointments related to a work injury outside of their regular work hours whenever possible. If a follow-up appointment must be scheduled during work hours at the employee's request or convenience, the absence shall be charged to accrued sick leave or other available leave balances. However, time spent attending a Qualified Medical Evaluator (QME) examination, or any other appointment scheduled by the City or the Division of Workers' Compensation, shall be considered paid administrative time and not charged to the employee's leave balances.

Employees Covered by Labor Code Section 4850.Sworn police and fire employees covered by Labor Code Section 4850, et seq. will be allowed up to one year leave of absence for an industrial injury or illness without loss of salary in lieu of disability payments, consistent with state law ("4850 Leave"). The employee will continue to accrue sick leave and vacation benefits while in paid status.

Whenever the injury or illness continues beyond the one-year 4850 Leave period, and when the employee authorizes, the difference between the amount granted pursuant to such Workers' Compensation and the employee's pay may be deducted from the employee's accumulated sick and vacation leave, personal holidays, and compensatory time, if any.

Thereafter, the employee may receive an unpaid leave of absence and continuation of health care benefits consistent with federal and/or state law.

Time off to Vote
If any employee does not have sufficient time outside of working hours to vote, may request up to two (2) hours of paid leave either at the beginning or end of scheduled working hours to enable them to vote. The employee must request time off to vote from their supervisor at least two (2) calendar days prior to Election Day.

Paid Administrative Leave
The City has the right to place an employee on leave with full pay for non -disciplinary 51 13363288.1 BE030-197

reasons at any time when the Personnel Officer has determined that the employee's and/or City's best interests warrant the leave. The employee does not have a right to appeal the decision to be placed on administrative leave with pay.

School -Related Leave
A. School Licensed Day Care Activity Leave. Any employee who is a parent, guardian, stepparent, foster parent, grandparent, or person who stands in loco parentis to one or more children who are in kindergarten or grades 1 through 12, or who are in a licensed child care facility, shall be allowed up to 40 hours each school year, not to exceed eight hours in any calendar month of the school year, to: participate in activities of their child's school or licensed child care facility; find, enroll, or reenroll a child in a school or with a licensed child care provider; or to pick up a child due to a child care provider or school emergency. The employee must provide reasonable advance notice to their supervisor of the planned absence. The leave is unpaid unless the employee uses vacation, personal leave or compensatory time off. The employee must provide documentation from the school or licensed child care facility as verification that the employee participated in school or child care facility activities on a specific date and at a particular time.

If both parents, guardians or grandparents having custody work for the City at the same City work site, only the first parent requesting will be entitled to leave under this provision.

B. Child Suspension Leave. Any employee who is the parent or guardian of a child in kindergarten through grade 12 may take time off to go to the child's school in response to a request from the child's school, if the employee gives advance notice to their supervisor. A school has the authority to request that the parent attend the child's school if the child has: committed any obscene act; habitually used profanity or vulgarity; disrupted school activities; or otherwise willfully defied the valid authority of school personnel.

Bereavement Leave
All employees who have been employed by the City for at least 30 calendar days are entitled to five (5) days of paid bereavement leave in the event of the death of a "family member."
A "family member" means a spouse, domestic partner, child, stepchild, parent, grandparent, grandchild, sibling, parent -in-law.

An employee may use vacation, personal leave, accrued and available sick leave, or compensatory time off in order to provide for their compensation during any bereavement leave in excess of five (5) days.

An employee who utilizes bereavement leave shall notify their supervisor or Department Head of the intent to use such leave. Employees may use such leave on a non - 52 13363288.1 BE030-197

consecutive basis in the three (3) months that follow the date of death of the "family member."
Management Leave
On January 1 of each year, employees who are exempt from FLSA overtime will receive 40 hours paid management leave. This management leave must be used during the calendar year in which it is received, or it will be lost. Newly hired or newly promoted employees who are exempt from FLSA overtime will receive a prorated amount of Management Leave for the year in which they are hired.

Military Leave
Military leave will be granted in accordance with federal and state law. An employee requesting leave for this purpose shall promptly provide the Department Head 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 Head may determine when the leave is to be taken and may modify the employee's work schedule to accommodate the request for leave.

Other Court or Administrative Proceeding Appearances
A. Regarding Agency Duties. Any employee who is summoned to serve on a jury, or subpoenaed or ordered to be a witness, must notify the Department Head as soon as possible. Any employee who is released from jury service prior to the end of their scheduled work hours must report to work unless otherwise authorized by their supervisor.

All overtime -eligible employees will be paid for actual work hours missed because of time spent in jury service or court up to 80 hours per year. The time spent on jury duty is not work time for purposes of calculating overtime compensation. The City will offset from pay the amount the employee receives from the Court for jury fees.

All FLSA-exempt employees will continue to receive their normal salary while on jury duty or serving as a witness only for any workweek in which they perform any work duties up to 80 hours per year. The City will offset the amount from pay the employee receives from the Court for jury fees.

B. Regarding Employee Initiated Proceedings. Any employee who is subpoenaed to appear, or appears in court because of civil or administrative proceedings that they initiated, is not entitled to receive compensation for time spent related to those proceedings. An employee may request to receive time off without pay, or may use any accrued leave other than sick leave for time spent related to those 53 13363288.1 BE030-197

proceedings. The time spent in these proceedings is not considered work time.

Notwithstanding the above, an employee who is testifying or appearing as the designated representative in PERB conferences or hearings, or at a personnel or merit commission is entitled to paid release time.

C. Regarding Crime Victim/Victim Family Member Court Attendance Leave. Any employee who is a victim of a crime may take leave from work to attend judicial proceedings related to that crime, if the employee provides the City notice of the scheduled proceeding in advance. If advance notice is not feasible, the employee must provide the City, within a reasonable time after the leave is taken, documentation from the District Attorney, victim's rights office, or court/governing agency that shows that the judicial proceeding occurred when the leave was used.

An employee who is an immediate family member of such a crime victim, including:
a registered domestic partner; the child of the registered domestic partner; spouse; child; stepchild; brother; stepbrother; sister; stepsister; mother; stepmother; father; or stepfather of the crime victim is also entitled to leave from work to attend judicial proceedings relating to that crime. The leave is unpaid unless the employee elects to use accrued vacation, sick, or other paid leave, or compensatory time off.

D. Regarding Crime Victim/Family Member Victims' Rights Proceedings Leave. Any employee who is a victim of a crime listed in Labor Code section 230.5(a)(2)(A), may take leave from work to appear in court to be heard at any proceeding in which the right of the victim is at issue, if the employee provides the employer with reasonable advance notice. If advance notice is not feasible, the employee must provide the City, within a reasonable time after the leave is taken, certification from a police report, a district attorney or court, or from a health care provider or victim advocate, that the employee was a victim of any of the crimes listed in Labor Code section 230.5(a)(2)(A). An employee who is a spouse, parent, child, sibling, or guardian of such a crime victim is also a victim who is entitled to this leave if the above notice or certification requirements are met. The leave is unpaid unless the employee elects to use accrued vacation or paid leave, or compensatory time off.

Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Restraining Orders or Injunctive Relief
Any employee who is a victim of domestic violence, sexual assault, stalking, or other crime may take leave from work to obtain or attempt to obtain any relief, including, but not limited to: a temporary restraining order, restraining order, or other injunctive relief to help ensure the health, safety, or welfare of the employee or their child, if the employee provides advance notice of the need for leave. If advance notice is not feasible, the employee must provide any of the following certifications within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use Healthy Workplace Healthy Family Act of 2014 sick leave, accrued vacation or paid leave, or compensatory 54 13363288.1 BE030-197

time off.

Leave for Victims of Domestic Violence, Sexual Assault, Stalking or Other Crimes to Obtain Medical Attention or Counseling or Safety Planning Any employee who is a victim of domestic violence, sexual assault, stalking, or other crime, may take leave from work to attend to any of the following: obtaining medical attention or psychological counseling; obtaining services from a shelter, program or crisis center; or participating in safety planning or other actions to increase safety, if the employee provides advance notice of the employee's intention to take time off for these purposes. If advance notice is not feasible, the employee must provide any of the following to the City within a reasonable time after the leave: a police report indicating that the employee was a victim; a court order protecting the employee from the perpetrator; evidence from the district attorney or court that the employee has appeared in court; or documentation from a health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse. The leave is unpaid unless the employee elects to use Healthy Workplace Healthy Family Act of 2014 sick leave, accrued vacation or personal leave, or compensatory time off.

CHAPTER 9 PERFORMANCE EVALUATION
Section 9.01 Performance Reports
The Personnel Officer shall prescribe and implement a system of assessing the work performance of employees as follows:

A. Public Safety Sworn Employees on Probationary Appointment. At least three evaluation reports will be submitted during the employee's probationary period -- the first after the end of three months of employment, the second at the end of six months, and the third at least fourteen (14) business days prior to completion of the twelve-month probationary period.

B. All other Employees on Probationary Appointment. At least two evaluation reports will be submitted during the probationary period -- one at the end of the third month of employment, and one at least fourteen (14) business days prior to completion of the six months' probationary period.

C. A non -probationary employee's supervisor will prepare and sign a performance evaluation on a City form for each performance evaluation period. The Department Head will review and approve all performance evaluations of subordinates in their department. The City Manager will review and approve all performance evaluations of Department Head or any other employees under their direct supervision. Additional performance evaluations may be prepared at any time the Personnel Officer or Department Head deems necessary.
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Section 9.02 Use of Performance Reports
Reports of performance shall be considered in making salary advances, promotions, reductions, demotions, discharges or other disciplinary actions.

Section 9.03 No Appeal Right
An employee does not have the right to appeal or submit a grievance regarding any matter relating to the content of a performance evaluation. Instead, the employee may comment on the evaluation in a written statement which will then be placed with the evaluation in the employee's personnel file. The written statement must be submitted within 10 calendar days after the employee receives the evaluation.

Section 9.04 Performance Evaluation Meeting
The supervisor will meet with the employee to discuss the evaluation. The employee shall sign the evaluation to acknowledge its contents and that they have met with their supervisor to discuss the evaluation. The employee's signature shall not mean that they endorse the contents of the evaluation.

CHAPTER 10 DISCIPLINARY ACTIONS
Section 10.01 Purpose
This section outlines policies and procedures relating to disciplinary actions.

Section 10.02 Causes for Discipline
Employees may be disciplined for, including but not limited to, any of the following causes of discipline:

A. Violation of any department rule, City policy or City regulation, ordinance or resolution;
B. Absence without authorized leave or tardiness;
C. Excessive absenteeism and/or tardiness as defined by the employee's Department Head, Personnel Officer, and/or these Rules;
D. Use of leave from work in a manner not authorized or provided for under City Rules; E. Making any false representation or statement, or making any omission of a material fact;
F. Providing wrong or misleading information or other fraud in securing appointment, promotion or maintaining employment;
G. Unsatisfactory job performance;
H. Inefficiency;
I. Damaging any City property, equipment, resource, or vehicle, or the waste of City supplies through negligence or misconduct;
J. Insubordination; or insulting or demeaning the authority of a supervisor or manager; K. Dishonesty;
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L. Theft;
M. Violation of the City's or a department's confidentiality policies, or disclosure of confidential City information to any unauthorized person or entity; N. Misuse or unauthorized use of any City property, including, but not limited to: physical property, electronic resources, supplies, tools, equipment, City communication systems, vehicles or intellectual property;
O. Mishandling of public funds;
P. Falsifying or tampering with any City record, including work time or financial records; Q. Discourteous or offensive treatment of the public or other employees; R. Abusive conduct, including malicious verbal, visual or physical actions, or the gratuitous sabotage or undermining of a person's work performance; S. Conviction, meaning any judicial determination of guilt, of a crime that has a nexus to the employee's job duties;
T. Unapproved outside employment or activity, or other enterprise that constitutes a conflict of interest with service to the City;
U. Any conduct that impairs, disrupts or causes discredit to the City, to the public service, or other employee's employment;
V. Reckless or unsafe conduct;
W. Working overtime without prior authorization or refusing to work assigned overtime; X. Carrying firearms or other dangerous weapons while on duty when not required by job duties; or
Y. Horseplay or fighting.

Section 10.03 Types of Counseling, Reprimands and Discipline The following are types of counseling, reprimands and discipline which the City may impose:

A. Counseling Memo: A counseling memo is an educational reminder, not a criticism for fault. It will remind an employee of expectations and include any relevant policies, procedures or rules. It will not include any consequences for failure to correct a behavior or problem. A counseling memo will be retained in the supervisor's file until the completion of the evaluation year, and then documented in the performance evaluation, as the supervisor deems necessary. A counseling memo will not be placed in an employee's permanent personnel file. Employees cannot administratively appeal a counseling memo. Except as provided below, employees have no right to respond to a counseling memo.
i. Those subject to the Public Safety Officers Procedural Bill of Rights Act have the right to submit a written response to a counseling memo pursuant to Government Code section 3306.

B. Written Reprimand: A written reprimand is a written direction from a supervisory employee to discontinue inappropriate conduct or to correct a performance issue. A written reprimand will be retained in the employee's personnel file and documented in the performance evaluation. Except as provided below, employees have no right to administratively appeal a written reprimand or respond to it. 57 13363288.1 BE030-197

i. Those subject to the Public Safety Officers Procedural Bill of Rights Act have the right to administratively appeal the issuance of a written reprimand. If a written reprimand is administratively appealed, it will be subject to an informal hearing procedure. The Chief will preside over it, unless disqualified under Government Code section 11425.40, in which case the City Manager will preside over it. During the informal hearing procedure, the peace officer may present written material and arguments. There will be no right to serve discovery or confront and cross-examine witnesses. A written decision may be issued. There is no right to seek judicial review of the decision.
ii. Those subject to the Public Safety Officers Procedural Bill of Rights Act have the right to submit a written response to a written reprimand pursuant to Government Code section 3306.

C. Suspension without Pay: The City may suspend an employee from their position without pay for cause. Employees who are exempt from FLSA overtime will only be suspended as authorized by the FLSA.

D. Reduction in Pay: The City may reduce an employee's pay for cause. A reduction in pay for disciplinary purposes may take one of three forms: (1) a decrease in salary to a lower step within the salary range; (2) a decrease in salary paid to an employee for a fixed period of time; or (3) loss of accrued paid vacation or administrative leave, floating holiday, or compensatory time off. Employees who are exempt from the FLSA overtime requirements are not subject to a pay reduction, except loss of accrued vacation, floating holiday, or administrative leave.

E. Demotion: The City may demote an employee from their position to a lower position for cause.

F. Dismissal: The City may dismiss an employee from their position for cause.

Section 10.04 Processing Disciplinary Actions for Employees The following discipline procedures only apply to the City's for -cause employees. All employees other than for -cause employees, namely provisional, at -will, and probationary employees, may be disciplined or separated at will, with or without cause, and without following the disciplinary procedures listed below. The following discipline procedures apply only to suspension without pay, reduction in pay, demotion, or dismissal.

A. "Skelly" Notice of Intended Disciplinary Action to Employee: A written notice of the intended disciplinary action shall be given to the employee, which will include the following information:

1. The level of the intended discipline;

2. The specific charges upon which the intended discipline is based; 58 13363288.1 BE030-197

3. A summary of the facts that support the intended discipline;

4. A copy of all materials upon which the intended discipline is based;

5. Notice of the employee's right to respond to the Department Head regarding the intended discipline within five (5) calendar days from the date of the notice, either by requesting a Skelly conference, or by providing a written response, or both;

6. Notice of the employee's right to have a representative of their choice at the Skelly conference; and

7. Notice that failure to respond by the time specified constitutes a waiver of the right to respond prior to the final discipline being imposed.

B. Response by Employee and Skelly Conference: If the employee requests a Skelly conference, the Department Head or designee will conduct an informal meeting with the employee. During the informal meeting, the employee shall have the opportunity to rebut the charges and present any mitigating circumstances. The Department Head will consider the employee's presentation before issuing the disciplinary action. The employee's failure to attend the conference, or to deliver a written response by the date specified in the Skelly notice, is a waiver of the right to respond.

C. Final Notice of Discipline: After the Skelly conference and/or timely receipt of the employee's written response, the Department Head will: (1) take no disciplinary action; (2) modify the intended discipline; or (3) impose the intended disciplinary action. In any case, the Department Head will provide the employee with a notice that contains the following:

1. The level of discipline, if any, to be imposed and the effective date of the discipline;

2. The specific charges upon which the discipline is based;

3. A summary of the facts that support the discipline;

4. A copy of all materials upon which the discipline is based (if they have not already been provided to the employee); and

5. Notice of the employee's right to appeal and deadline to appeal.

D. Delivery of the Final Notice of Discipline: The final notice of discipline will be sent by mail by a method that verifies delivery to the last known address of the employee, or delivered to the employee in person. If the notice is not deliverable because the employee has moved without notifying the City or the employee refuses to accept 59 13363288.1 BE030-197

delivery, service will be considered effected on the date of attempted delivery.

Section 10.05 Discipline Appeal Procedures
The following appeal procedures only apply to the City's for -cause employees. All employees other than for -cause employees, namely provisional, at -will, and probationary employees, may be disciplined or separated at will, with or without cause, and without following the disciplinary appeal procedures listed below. The following appeal procedures apply only to suspension without pay, demotion, reduction in pay or dismissal.

A. Request for Appeal Hearing: An employee may submit a written request for appeal to the Personnel Officer within 14 calendar days from: (1) receipt of the final notice of discipline; or (2) the date service is considered effected. Failure to file a timely written request for an appeal waives the right to an appeal hearing and any appeal of the discipline.

B. Appeal Hearing Officer: The appeal hearing officer shall be the City Manager or an individual designated by the City Manager who is selected through the California Office of Administrative Hearings ("OAH") so long as the City Manager did not serve as the Skelly officer for the discipline at issue. If the City Manager served as the Skelly officer for the discipline at issue, then the appeal hearing officer shall be an individual designated by the City Council who is selected through OAH.

C. Date and Time of the Appeal Hearing: Once the appeal hearing officer has been designated, the Personnel Officer will seta date for an appeal hearing. The employee shall be notified in writing at least 21 calendar days prior to the hearing of the scheduled date.

D. Prehearing Notice of Witnesses and Evidence: No later than 10 calendar days before the hearing date, each party will provide the other, and the appeal hearing officer, a list of all witnesses to be called (except rebuttal witnesses), and a copy of all evidence (except rebuttal evidence) to be submitted at the hearing. The City will use numbers to identify its evidence; the employee will use alphabet letters. Neither party will be permitted to call any witness that has not been listed or evidence that has not provided, unless that party can show that the party could not have reasonably anticipated the need for the witness or exhibit.

E. Upon the request of either party, the hearing officer will sign subpoenas to compel a witness to attend the appeal hearing. Each party is responsible for serving its own subpoenas. City employees who are subpoenaed to testify during working hours will be released with pay to appear at the hearing. City employees who are subpoenaed to testify during non -working hours will be compensated for the time actually spent testifying.

F. The parties have no right to serve any discovery requests or seek the issuance of subpoenas for records. The Hearing Officer cannot enforce discovery requests or subpoenas for records in connection with these proceedings. 60 13363288.1 BE030-197

G. Continuances: The appeal hearing officer may continue a scheduled hearing only upon good cause shown.

H. Record of the Appeal Hearing: The hearing shall be recorded, either electronically or by a court reporter, at the option of the City. If the City orders a transcript or makes a transcript of the recording, the City will notify the employee within three calendar days of ordering or making the transcript, and will provide a copy of the transcript upon receipt of the costs of duplication.

Employee Appearance: The employee must appear personally before the hearing officer at the time and place set for the hearing. If the hearing is remote, the employee must attend the proceedings virtually. The employee may be represented by any person they may select.

Conduct of the Hearing:

1. Sworn Testimony: All witnesses shall be sworn in prior to testifying. The hearing officer or court reporter shall request each witness to raise their hand and respond to the following: "Do you swear that the testimony that you are about to give is the truth, the whole truth, and nothing but the truth?"

2. Evidence: Hearings need not be conducted according to technical rules relating to evidence and witnesses, but hearings shall be conducted in a manner that the hearing officer decides is the most conducive to determining the truth. The rules dealing with privileges shall be effective to the same extent that they are recognized in civil actions. Irrelevant or unduly repetitious evidence may be excluded. The appeal hearing officer shall determine the relevance, weight and credibility of testimony and evidence. The appeal hearing officer may directly question the witness.

3. Exclusion of Witnesses: During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing.

4. Burden of Proof: The City has the burden of proof by the preponderance of the evidence, except that the burden of proving affirmative defenses shall be on the person asserting them.

5. Authority of Hearing Officer: The appeal hearing officer shall not have the power to alter, amend, change, add to, or subtract from any of the terms of these Rules.

6. Professionalism: All parties and their attorneys or representatives shall not, by written submission or oral presentation, disparage the intelligence, ethics, morals, integrity or personal behavior of their adversaries or the appeal hearing officer. The parties will address their remarks, evidence, and objections to the appeal hearing officer. The appeal hearing officer may terminate argument at 61 13363288.1 BE030-197

any time and issue a ruling regarding an objection or any other matter.

K. Presentation of the Case: The hearing will proceed in the following order unless the appeal hearing officer directs otherwise:

1. The City is permitted to make an opening statement;

2. The employee is permitted to make an opening statement;

3. The City will produce its evidence;

4. The employee will produce its evidence;

5. The City, followed by the employee, may present rebuttal evidence; and

6. Written Briefs: Either party may request to submit a written brief. The appeal hearing officer will determine whether to allow written briefs, the deadline for submitting briefs, and the page limit for briefs.

L. Appeal Hearing Officer's Recommended Decision: Within sixty (60) calendar days of the conclusion of the hearing or submission of written briefs, the appeal hearing officer shall make written findings and a recommended decision as to the discipline. If the City Manager was not the appeal hearing officer or the Skelly officer, the City Manager shall review the findings and recommendations of the appeal hearing officer and may then affirm, revoke, or modify the findings, recommendations, or disciplinary action taken. The decision of the City Manager is final. There is no process for reconsideration.

M. If the City Manager was the Skelly officer, the City Council shall review the findings and recommendations of the appeal hearing officer and may then affirm, revoke, or modify the findings, recommendations, or disciplinary action taken. The decision of the City Council is final. There is no process for reconsideration.

N. Proof of Service of the Written Findings and Decision: The City will mail a copy of the final written findings and decision, along with a proof of service of mailing that confirms that each of the parties and each of the parties' representatives were mailed the final written findings and decision. It shall be the responsibility of the employee to inform the City of their address. A copy of the decision shall also be provided to the Personnel Officer.

CHAPTER 11 GRIEVANCE PROCEDURE
Section 11.01 General Provisions
A. A grievance is an alleged violation of a specific provision of these Rules that adversely affects the employee that contains all the information listed in the 62 13363288.1 BE030-197

"Statement of the Grievance" below. The following procedure applies to all City employees, unless the following apply: the employee is covered by a grievance procedure in a memorandum of understanding; another dispute resolution procedure applies to the dispute; or a discipline policy and procedure applies. The grievance procedure cannot be utilized to challenge the content of a performance evaluation.

B. The time requirements are mandatory unless otherwise agreed to by the parties in specific cases.

C. The grievance procedure is not intended to be a substitute for meeting and conferring or meeting and consulting over matters of general interest.

D. The grievant is the employee filing the grievance. An employee may choose to be represented at any stage of the grievance procedure by their recognized employee organization.

A concern is not a grievance unless the affected employee is able to state each of the following: the date of the alleged violation; the specific provision(s) of these policies that were allegedly violated; a description of all facts regarding how the alleged violation occurred; and a list of all persons who are witnesses or are involved. The grievant may use a City form to make the Statement of the Grievance. A Statement of the Grievance must be signed by the employee filing the grievance to certify that it is filed in good faith.

Failure of the City to comply with the time limits of the grievance procedures allows the grievant to appeal to the next level of review. Failure of the grievant to comply with the time limits of the grievance procedures constitutes settlement and resolution of the grievance on the basis of the last disposition. The parties may extend time limits by mutual written agreement in advance of a deadline.

Section 11.02 Grievance Procedure
A. Step I Informal Resolution with Supervisor: The aggrieved employee must first work in good faith to resolve the grievance informally through discussion with their immediate supervisor within five (5) calendar days after the grievant first became aware of the facts or circumstances resulting in the filing of the grievance.

B. Step II Department Head: If the grievant believes that the grievance has not been resolved through Step I, the employee may submit a written Statement of the Grievance to their Department Head. The employee must submit the Statement of Grievance within fifteen (15) business days after the grievant first became aware the grievance has occurred. The Department Head shall consider, discuss the grievance with the grievant, and/or investigate as they deem appropriate, and shall, within 14 calendar days of receipt of the written Statement of the Grievance, submit their decision in writing to the grievant.

C. Step III: City Manager: If the grievant believes that the grievance has not been 63 13363288.1 BE030-197

resolved through Step II, the employee may appeal the grievance decision of the City Manager in writing within five (5) business days of the Department Head's decision.

The City Manager shall consider, discuss the grievance with the grievant, and/or investigate as he/she deems appropriate, and shall, within 14 calendar days of receipt of the written Statement of the Grievance, submit their decision in writing to the grievant. The decision of the City Manager shall be final.

CHAPTER 12 MISCELLANEOUS
Section 12.01 Outside Employment
No employee shall accept or engage in employment or participate in any outside business enterprise which is incompatible, or in conflict, with their City duties, functions, responsibilities, or that of the department in which they are employed at the City. In order to avoid perceived or actual conflicts of interest that may arise from outside employment, all employees must obtain written approval from the Personnel Officer or their designee prior to undertaking any outside employment as described in this policy.

Prohibited Outside Activities
An employee's outside employment, activity, or enterprise may be prohibited if it:
(a) Involves the use for private gain or advantage of City time, facilities, equipment, and supplies, or the badge, uniform, prestige, or influence of the City or employment at the City;
(b) Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee would be required or expected to render in the regular course of their City employment;
(c) Involves the performance of an act other than their capacity as a City employee which act may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by such employee or the department by which he/she is employed; or
(d) Involves time demands that would render the employee's performance of their regular City employment less efficient or dangerous to the employee.

Changes in Outside Employment Status.

The employee must promptly report in writing to the Personnel Officer any of the following changes that may occur during the year of an authorized outside employment: the outside employment ends; or the authorized employment changes as to the number of work hours, location, or types of duties.
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Revocation / Suspension of Outside Employment Authorization Any outside employment authorization may be revoked or suspended during the year it is granted under the circumstances listed below. An employee may appeal the revocation or suspension as provided in this policy.
(a) The employee's work performance declines; or
(b) An employee's conduct or outside employment conflicts with the conditions of the outside work authorization or is incompatible with the employee's work for the City.

Use of City Equipment Prohibited
In no case shall an employee use City -owned equipment, telephones, automobiles, trucks, tools or supplies or any other City property while engaged in outside employment, activity, or enterprise, nor shall an employee allow any unauthorized person to borrow, rent or use any of the aforementioned items.

Any violation of these provisions regarding outside employment and use of City property shall subject the employee to disciplinary action up to, and including, discharge.

Section 12.02 Personnel Files
Confidential City Files
The City maintains a personnel file on each employee. Files are kept for at least three years after separation of employment. A personnel file will contain only material that the City deems necessary and relevant or that is required by law. Personnel files are the property of the City, and access to the information they contain is restricted to protect employee privacy interests.

Notification of Changes
Each employee is responsible to promptly notify the Personnel Officer of any changes in their contact and benefits information, including: mailing address; telephone number; persons to contact in emergency; and number and names of dependents.

Access to Applicant or Employee Medical Information
All medical information about an employee or applicant is kept in separate medical files and is treated as confidential. 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, or if access is required by law, subpoena or court order. 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.

Employee Access to Personnel File
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A. Inspection of File: A current employee may inspect their own personnel file, at reasonable times and at reasonable intervals, within 30 calendar days of a written request. A former employee is entitled to inspect their personnel records one time per year. A current or former employee and/or their representative, who wishes to review their personnel file should make a written request to the Personnel Officer.

The inspection must occur in the presence of the Personnel Officer or their designee and: (1) at a location where the employee works and at a time other than the employee's work time; or (2) at another agreed upon location without loss of compensation to the employee.

B. Copies: A current or former employee is entitled to receive a copy of their personnel records within 30 calendar days after the employer receives a written request. A current or former employee who wishes to receive such a copy should contact the Personnel Officer or their designee in writing. The City may charge a fee for the actual cost of copying.

C. Representative's Inspection: If the current or former employee wishes to have another person/representative inspect their personnel file, they must provide the person/representative with written authorization. The Personnel Officer or their designee will notify the employee and/or representative of the date, time and place of the inspection in writing.

D. No Removal of File Documents: No person inspecting a personnel file is permitted to add or remove any document or other item to/from the personnel file.

Limitations on Access or Copying of Personnel File
Prior to making a copy of personnel records or allowing inspection, the City may redact the names of nonsupervisory employees. Under no circumstances will the City provide access or copying of the following categories of personnel file documents: records relating to the investigation of a possible criminal offense; letters of reference; ratings, reports, or records that were obtained prior to employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination.

Section 12.03 Limitations on Political Activity
No Solicitation During Work Hours or City Offices
City employees or officers may not solicit or receive political funds or contributions to promote the passage or defeat of any ballot measure that would affect working conditions during the working hours of its officers and employees, or in City offices.

No Targeted Solicitation of City Officers or Employees
Officers or employees of the City, or candidates for elective office of the City, may not directly or indirectly solicit political contributions from other officers or employees of the City unless 66 13363288.1 BE030-197

the solicitation is part of a solicitation made to a significant segment of the public which may incidentally include officers from and employees of the City.

No Political Activity in Uniform
No City employee or official shall participate in political activities of any kind while in a City uniform or other City issued clothing.

No Political Activity on City Property or Work Hours
City employees and officials are prohibited from engaging in political activity during working hours or on City property.

Section 12.04 Prohibitions on Drugs and Alcohol in the Workplace Purpose and Scope
The purpose of this policy is to promote a drug and alcohol -free workplace and to eliminate drug and alcohol -related inefficiencies and risks. This policy applies to all City employees, whether they are on City property, or they are performing City related business elsewhere, except as this policy is superseded by a memorandum of understanding or federally mandated drug and alcohol policies. Compliance with this policy is a condition of employment. Disciplinary action will be taken against those who violate this policy.

Drug- and Alcohol -Free Awareness Program
The City's employee assistance provider offers counseling and treatment of drug- or alcohol -related problems. The employee assistance provider has information about: (1) the dangers of drug or alcohol abuse in the workplace; (2) the penalties that may be imposed for drug or alcohol abuse violations; (3) the City's policy of maintaining a drug - and alcohol -free workplace; and (4) any available drug or alcohol counseling, rehabilitation or employee assistance programs.

Prohibited Conduct
A. The manufacture, distribution, sale, dispensation, possession, or use of any controlled substance, narcotic (including cannabis), or prescription drug that has not been lawfully prescribed to the employee in either City workplaces or wherever City business is performed.

B. Working or being subject to call in if impaired by alcohol or any controlled substance, narcotic (including cannabis), or prescription drug that has not been lawfully prescribed to the employee.

C. An employee's failure to notify their Department Head before beginning work when 67 13363288.1 BE030-197

taking medications or drugs, including but not limited to: prescription drugs, over the counter medications, or illegal drugs or narcotics (including cannabis) which could interfere with the safe and effective performance of duties or operation of City equipment.

D. An employee's failure to notify the Personnel Officer of any criminal conviction for a drug violation that occurred in the workplace within five calendar days after such conviction.

E. An employee's criminal conviction for a drug violation that occurred in the workplace.

Drug and Alcohol Testing
The City has discretion to test applicants and employees for alcohol and drug use under the following circumstances. The City will use an outside laboratory to perform all testing.

Pre -Employment Testing for External Applicants for Certain Jobs: Those external applicants who apply for certain jobs where a special need for pre -employment drug and alcohol testing exists must take and pass a drug and alcohol test following a conditional offer of employment. The categories of jobs subject to pre -employment drug and alcohol testing include, but is not limited to, the following:

A. Safety sensitive jobs that have public safety implications, such as operating heavy trucks to transport hazardous material, protecting national security, enforcing drug laws, and/or operating natural gas pipelines.

B. Jobs that involve direct influence over children.

C. Reasonable Suspicion Testing: The City may require a blood test, urinalysis, or other drug and/or alcohol screening of those employees who are reasonably suspected of using or being under the influence of a drug or alcohol at work, under the following circumstances.
1) "Reasonable suspicion" to test exists if, based on objective factors, a reasonable person would believe that the employee is under the influence of drugs or alcohol at work. Examples of objective factors, include, but are not limited to: unusual behavior, slurred or altered speech, body odor, red or watery eyes, unkempt appearance, unsteady gait, lack of coordination, sleeping on the job, a pattern of abnormal or erratic behavior, a verbal or physical altercation, puncture marks or sores on skin, runny nose, dry mouth, dilated or constricted pupils, agitation, hostility, confused or incoherent behavior, paranoia, euphoria, disorientation, inappropriate wearing of sunglasses, tremors, or other evidence of recent drug or alcohol use. If City suspects drugs or alcohol may have played a role in an accident involving City property or equipment that will also constitute reasonable suspicion.
2) Document and Analysis: In order to receive authority to test, the supervisor 68 13363288.1 BE030-197

must record the factors that support reasonable suspicion in writing and analyze the matter with the Personnel Officer. Any reasonable suspicion testing must be pre -approved by the Personnel Officer.
3) Testing Protocol: If the documentation and analysis show that there is a reasonable suspicion of drug or alcohol abuse at work, and the Personnel Officer has approved, the employee will be relieved from duty, transported to the testing facility and to their home after the test. The employee will be placed on sick or other paid leave until the test results are received.

Section 12.05 Use of City Equipment or Resources
Policy and Applicability
City equipment and resources may only be used to conduct City business, except for incidental personal use that is consistent with this policy. As a result, City equipment and resources are non-public forums. Every City employee is required to adhere to this policy.

Agency Equipment or Resources
City equipment or resources is any City owned or supplied item or resource, including, but not limited to: intellectual property (e.g., photographs, plans, drawings, formulas, customer lists, designs, formulas), vehicles, telephones, cell phones, pagers, tools, machines, supplies, copy machines, facsimile machines, desks, office equipment, computers (including hardware and software), file cabinets, lockers, Wi-Fi, internet, intranet, City network, data systems, routers, voice mail, servers, and email or voice mail communications stored in or transmitted through City electronic resources or equipment.

No Expectation of Privacy
The City periodically and without prior notice, monitors, reviews, accesses, or retrieves data from its equipment or resources, including electronic communications and content contained in or transmitted through City networks or electronic resources. City employees must provide the agency with the employee's username or password for any City issued equipment or resource. The existence of passwords or delete functions does not restrict the City's access. As a result, City employees have no expectation of privacy in their use of any City equipment or resources.

Appropriate Use Only -- No Misuse
Employees may only use City equipment or resources in compliance with City policies.

Except as authorized by this policy, employees are expected to avoid any use or communication which is unrelated to City business, destructive, wasteful, or illegal. The City has discretion to restrict or rescind employee access to City equipment or resources.

The following are examples of misuse of City equipment or resources:
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(a) Any use that violates applicable law and/or City policies, Rules or procedures; (b) Exposing others to material which is offensive, harassing, obscene or in poor taste. This includes information which could create an intimidating, offensive or hostile work environment;
(c) Any use that may create or further a hostile attitude or give offense on the basis of race, color, religion, sex, gender, gender expression, gender identity, national origin, ancestry, citizenship, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, veteran status or any other basis protected by law;
(d) Communication of confidential City information to unauthorized individuals within or outside of City;
(e) Unauthorized attempts to access or use City data or break into any City or non - City system;
(f) Theft or unauthorized transmission or copying of paper or electronic files or data;
(g) Initiating or sustaining chain/spam letters, e-mail or other unauthorized mass communication;
(h) Misrepresentation of one's identity for improper or illegal purposes; (i) Personal commercial or business activities (e.g., "for sale" notices, personal ads, etc.);
(j) Transmitting/accessing obscene material and/or pornography; (k) E -Commerce;
(I) Online gambling;
(m)Installing or downloading unauthorized software or equipment; (n) Violating terms of software licensing agreements;
(o) Using City equipment or resources to access and/or use dating web resources, personal social media, or games of any type;
(p) Any unauthorized access to City equipment or resources, including: using keys or key cards; using or disclosing the username or password of another person or employee to gain access to their email or other electronic resources; or making City equipment or resources available to others who would otherwise 70 13363288.1 BE030-197

have no authorized access; and
(q) Using City equipment or resources to speak on the City's behalf without authorization.

City Email Address Must be Used for City Business
The City's email system is an official communication tool for City business. The City establishes and assigns official email addresses to each employee as the City deems necessary. Employees must send all City communications that are sent via email to and from their official City email address. Employees are prohibited from using their private email address when communicating City business via email. Should an email related to City business be sent to an employee's personal email account, the email should be immediately forwarded to the employee's City email account and responded to accordingly.

Incidental Personal Use of City Communications Equipment Permitted Employees may use City telephones, cell phones, internet access, and e-mail for incidental personal communications provided that the use:
(a) Is kept to a minimum and limited to break times or non -working hours; (b) Does not interfere or conflict with City operations or the work performance of any City employees;
(c) Allows the employee to more efficiently perform City work; (d) Is not abusive, illegal, inappropriate, or prohibited by this policy (for example, no social media use, no electronic dating, no gaming); and (e) Clearly indicates it is for personal use and does not indicate or imply City sponsorship or endorsement.

Section 12.06 Policy against Violence in the Workplace
Safe and Secure Workplace
The City is committed to providing a safe and secure workplace and will not tolerate acts or threats of violence in the workplace. The workplace includes any location where City business is conducted, including vehicles and parking lots. Any violation of this policy may lead to criminal prosecution, and/or disciplinary action, up to and including termination.

Prohibited Behavior
Employees are prohibited from participating in or promoting acts of intimidation, violence, threats, coercion, assault and/or abusive behavior toward any person while in the course 71 13363288.1 BE030-197

of City employment. The City has zero tolerance for any conduct that references workplace violence, even if it was intended to be harmless, humorous, a prank, blowing off steam, or venting.
"Workplace Violence"
The City has developed and implemented a Workplace Violence Prevention Plan (WVPP). Human Resources Department can provide copies when requested. "Workplace Violence" is defined as any act of violence or threat of violence that occurs in a place of employment. It includes, but is not limited to:

A. The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.

B. An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.

C. The following four workplace violence types:
• Type 1 violence - Workplace violence committed by a person who has no legitimate business at the worksite and includes violent acts by anyone who enters the workplace or approaches employees with the intent to commit a crime.
• Type 2 violence - Workplace violence directed at employees by customers, clients, patients, students, inmates, or visitors.
• Type 3 violence - Workplace violence against an employee by a present or former employee, supervisor, or manager.
• Type 4 violence - Workplace violence committed in the workplace by a person who does not work there but has or is known to have had a personal relationship with an employee.

Incident Reporting Procedures
Employees should report all threats, potential acts or acts of Workplace Violence to their supervisor/manager or to the Human Resources Department either orally or in writing.

Any supervisor, manager or department head who receives a report of Workplace Violence shall immediately report the matter to the Human Resources Department.

Employees can also report an incident of Workplace Violence through the anonymous reporting system by leaving a message at (562) 806-2069.

The Personnel Officer or designee will take appropriate steps to provide security, such as:
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1) Placing the employee alleged to have engaged in workplace violence on administrative leave, pending investigation;
2) Asking any threatening or potentially violent person to leave the site; or 3) Immediately contacting an appropriate law enforcement agency.

Investigation
The Personnel Officer will see that reported violations of this policy are investigated pursuant to the protocols listed in the City's WVPP.

Prevention
Each Department Head has authority to enforce this policy by:
(a) Training supervisors and subordinates about their responsibilities under this policy;
(b) Assuring that reports of workplace violence are accurately and timely documented and addressed;
(c) Notifying the Personnel Officer and/or law enforcement authorities of any incidents;
(d) Making all reasonable efforts to maintain a safe and secure workplace; (e) Maintaining records and follow up actions as to reports of workplace violence; and
(f) Seeking a temporary restraining order on behalf of an employee Section 12.07 Policy on Employee Use of Social Media
Introduction and Purpose
The City has implemented this Policy in order to establish guidelines for the appropriate use of social media by City employees.

Covered Individuals and Scope of Policy
This policy covers City employees regardless of rank or title, interns, and volunteers.

Social Media Use Requirements
The City requires covered individuals to:
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1) Observe and adhere to all City policies that may apply to individuals' social media use, including but not limited to those policies that protect individuals' confidentiality or privacy rights, anti -discrimination or harassment policies, and the anti -workplace violence policy.
2) Follow all applicable laws, including but not limited to those that protect individuals' confidentiality or privacy and those that prohibit discrimination and harassment.
3) Refrain from using social media in any way that could adversely affect your job performance, the reputation of the City, or adversely affect members of the public served by the City.
4) Refrain from using social media during paid work hours, even if you are not actively posting to social media.
5) Refrain from commenting on any matter or issue on behalf of the City or representing that your posts or comments represent the City opinion on such subjects.

Social Media Use Best Practices
The City encourages individuals to adhere to the following practices when using social media:
1) Ensure that your social media posts are accurate and truthful, and do not contribute to the spread of misinformation or disinformation. 2) Be respectful of others and refrain from attacking others or making unnecessarily negative posts.
3) Protect your privacy by not posting personal information. 4) Be mindful that what you share, even if later deleted, may not actually be deleted.

Violations of the Social Media Policy
Individuals who violate this Policy may be subject to discipline, up to and including termination.

Section 12.08 Policy on Employee Use of Artificial Intelligence Introduction and Purpose
For the purposes of this policy, Artificial Intelligence ("Al") means the technology that simulates human intelligence processes using computer systems. 74 13363288.1 BE030-197

Al simulates learning (i.e., the acquisition of information), training (i.e., the acquisition of rules for using information), reasoning (Le., the ability to solve problems and make decisions), and self -correction (i.e., the identification and correction of errors in learning, training and reasoning).

Al encompasses a range of technologies, including machine learning, natural language processing, and robotics. Al allows machines to perform tasks that typically require human intelligence, such as making predictions, recommendations, or decisions. Al systems use machine- and human -based inputs in order to generate information or action.

This policy applies to all Al tools, including services, systems, and any other processes that use Al technology.

The City recognizes the utility of Al in enhancing operational efficiency. However, the City also recognizes that the use of Al involves risks, including but not limited to safety, security, privacy, bias, and accuracy.

Employees, interns and volunteers of the City may only use Al to promote public service and administer the City's mission.

All Al use must conform to the conditions set forth in this policy and any other City policies, including these Rules.

The City expressly prohibits any Al use which discriminates against any individuals, including but not limited to City employees, interns or volunteers, on the basis of the individual's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, reproductive health decision -making, or military and veteran status.

Covered Individuals and Scope of Policy
This policy applies to all City employees, regardless of rank or title, interns, and volunteers ("employees").

This policy applies to all work produced for the City or associated in any way with the City, whether or not the work is produced using City equipment or resources.

This policy sets the minimum standards expected of City employees. Individual departments may set stricter rules based on their specific needs.

No employee shall be exempted from these minimum standards without the express written permission from the City Manager.

Prohibition on the Creation or Use of "Deepfake" Material A "deepfake" is an image, video, or audio record that has been digitally altered to replace 75 13363288.1 BE030-197

one person's likeness with another person, or a computer -generated image or video of a person doing or saying something the person never did or said.

Creation of "deepfake" images, video, or audio for City work or on City resources or equipment is strictly prohibited.

Use of "deepfake" images, video, or audio for City work or on City resources or equipment, other than using it as evidence in or as part of an administrative investigation, is strictly prohibited.

Artificial Intelligence Use Requirements
The City allows limited use of Al tools for the purpose of conducting the City's business.

The City may modify the parameters of permissible Al use or revoke permission to use Al at any time in order to meet the City's goals, obligations, or business needs.

A. Employees must receive permission from their Department Head prior to using any Al tool. Any request for permission to use an Al tool must identify the Al tool and the purpose for which the Al tool's use is intended. The Al tool may only be used as specifically permitted by the Department Head.

B. City email addresses, phone numbers, or other credentials may only be used to create an account with Al services with express written authorization from the employee's Department Head. Accounts created using City credentials must not use any password that the employee uses or used in order to access City resources.

C. Confidential and sensitive personal information must never be inputted into Al tools in any way. Confidential and sensitive personal information includes any information that the employee is not permitted to share through other means of communicating with the public. Such information includes, but is not limited to a specific person's name, address, email address, telephone number, social security number, or information that alone or in combination with other publicly available information, reveals the identity of the subject of the inputted information. This rule applies regardless of the Al tool's privacy terms or settings.

D. All Al searches must be in "incognito" mode or "opt out" or other similar mode to prevent the Al tool from retaining or using the information provided for the tool or service's use in any manner, including to train or improve the Al tool or service, or to share the information with any third party.

E. All text -based content that was created using Al without modification must be properly labelled as having been generated using Al. All audio and visual media created using Al must be labelled as generated using Al regardless of modifications.

Labels must be clearly visible to members of the public reviewing the content. 76 13363288.1 BE030-197

Example: "This document was drafted with support from AI -based tools. All information represented in this document have been reviewed by City." A general disclaimer may also be used. For example:
"This document may have been drafted with support from AI -based tools, consistent with City's policy on use of artificial intelligence. All information represented in this document has been reviewed by City staff."
Informal correspondence between City employees, such as emails, does not need to be labelled as having been created using Al as provided above.

F. All AI -generated content must be reviewed for accuracy, tone, bias, and context before the content may be published for City purposes. If a reliable source cannot be found to verify factual information generated using Al, that information cannot be used for City purposes.

G. No content fully or partially generated using Al may be claimed as original work.

H. The City expects all employees to possess and exercise good judgment and common sense when conducting City business, such as when using an Al service.

All supervisory and management employees are responsible for overseeing the work product of their subordinates and ensuring that employees abide by the guidelines established in this policy. Individual employees are also responsible for ensuring that their own work product conforms to this policy.

Any violation of this policy may result in disciplinary action, up to and including termination of employment. The terms of this policy are subject to change as Al technology evolves frequently.
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Bell Gardens City CouncilSeptember 14, 2026

Bell Gardens City Council
September 14, 2026