CITY OF BURBANK
TERMS AND CONDITIONS FOR TEMPORARY STAFFING
WITH SINCERUS SOLUTIONS, INC. FOR TEMPORARY PERSONNEL
A. DEFINITIONS
1. "City" refers to the City of Burbank.
2. "Contractor" shall refer to Sincerus Solutions, Inc.
3. "Contractor Employee" or "Employee" shall refer to Contractor's employees who are temporarily assigned by the Contractor to perform the Work for the City.
4. "Services" shall mean Contractor's provision of temporary staffing services under this Agreement.
5. "Work" shall mean the work performed for the City by Contractor Employees assigned to the City in connection with the Services.
B. TERM
This Agreement shall begin on August 25, 2021 and end on August 24, 2022.
C. COST OF SERVICE
The total cost of service for this Agreement shall not exceed $300,000. Contractor shall be paid according to the Schedule of Compensation, attached and incorporated herein as Exhibit A.
D. CONTRACTOR RESPONSIBILITIES
Contractor shall recruit, interview, select, and hire Contractor Employees who, in Contractor's judgement, possess the qualifications requested by City for temporary staffing; however, at a minimum, Contractor Employees shall meet the qualifications outlined in Section E, below.
As the employer for Contractor Employees, Contractor shall assume full responsibility for reporting, paying, withholding, and remitting state and federal taxes, workers' compensation, FICA, unemployment contributions, complying with all applicable obligations under the Patient Protection and Affordable Care Act, and handling unemployment and workers' compensation claims involving Contractor · Employees. Contractor Employees are independent contractors as to the City and will not be entitled to holidays, vacations, sick pay, disability, insurance, pensions or retirement plans, or any other benefits offered or provided by City to City's direct employees.
Terms and Conditions - Temporary Staffing Page 1
ATTACHMENT 2
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Contractor shall provide workers' compensation insurance coverage for Contractor's Employees. The parties agree to immediately notify each other of any injury or accidents or any claim for workers' compensation benefits involving Contractor Employees assigned to City's facility. Contractor shall also provide Crime and Dishonesty insurance for its employees as further detailed in the Insurance section.
Contractor shall pay Contractor Employees weekly, for hours worked as submitted and approved by City's authorized representative.
E. CONTRACTOR EMPLOYEE QUALIFICATIONS
Each of Contractor's Employees referred for placement with the City must meet the requirements of the job description and/or duties contained in Exhibit B, attached hereto, as well as these minimum qualifications:
1. Right to Work: Must at the time of starting Work for the City have verification of their legal right to work in the United States pursuant to the IRCA of 1986.
Must not be a current, non-retired, member of the CAL PERS retirement system. Must not work more than 900 hours in any single fiscal year.
Contractor must inform City if the assigned Employee has previously been assigned to City between July 1 and June 30 (of the existing Fiscal Year of July - June) and the number of hours worked for the City during said time.
2. Experience: Contractor shall interview, test, screen, hire and assign Employees with the suitable skill and abilities to perform the Work required by the City. Contractor shall screen Employees to insure that they have previous experience or training preparation to competently and adequately perform such Work.
3. Background: Employees must first pass Contractor's background check prior to working for the City, including but not limited to a drug screening test.
Contractor shall submit proof, subject to confidentiality restrictions and as determined to be permissible by Contractor, of successful background and drug testing to City upon request. All background costs will be billed to the City as a pass-through cost, at no additional mark-up.
4. Live Scan Fingerprinting: Contractor Employees who are temporarily assigned to the City to perform Work in connection with any of the City job titles contained in Exhibit C, attached hereto, shall first pass a Live Scan fingerprinting test. Exhibit C may be updated from time to time by City and Contractor will comply with the updated list.
If City requires Live Scan fingerprinting for any other positions to be temporarily filled by Contractor Employees , City shall provide Contractor with prior written notice.
Terms and Conditions - Temporary Staffing Page 2
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Contractor shall submit proof, subject to confidentiality restrictions and as determined to be permissible by Contractor, of successful Live Scan test results to City upon request. City shall reimburse Contractor for fees associated with any Live Scan fingerprint test required by this subsection, based upon invoices submitted by Contractor to City for such test.
5. City Policies: The City of Burbank has an Alcohol and Drug Use Prohibition Policy, attached hereto as Exhibit D, as well as an Anti-Discrimination, Harassment and Retaliation Policy, attached hereto as Exhibit E. All Employees assigned to the City shall be given a copy of these Policies by Contractor. Contractor Employees are subject to said Policies and shall be instructed to comply with the same. If an Employee violates said Policies, the Employee will be released from City assignment and no longer eligible to perform Work for the City.
F. CITY RESPONSIBILITIES
City shall be responsible for supervision of Contractor Employees while they are conducting Work on City property. Contract Employees normal work day will be eight 9 hour days and one eight hour day in a two week period (9/80 schedule), and Contractor Employees are not eligible for a 4/10 or other alternate work schedule. -
If City desires to change the job duties of any Contractor Employee assigned to perform Work for City, City shall first obtain prior approval from Contractor.
G. CONFIDENTIALITY
In the course of providing the Services pursuant to this Contract, Contractor and/or its Employees and/or agents may come into possession of sensitive or confidential information either directly or indirectly. Contractor and its Employees and agents must maintain this information in the strictest of confidence and not disclose the information. Contractor, Contractor Employees, or any agents thereof, may not sell, share, discuss, assign, transfer or otherwise disclose any confidential information obtained while performing Services or Work pursuant to this Contract with any other individual or business entity and will not use the confidential information for any purpose other than providing Services or Work pursuant to this Agreement. Employee will be required to sign and date the City of Burbank Confidentiality and Non-Disclosure Agreement, attached as Exhibit F. The signed confidentiality agreement must be submitted to the City prior to Contractor Employee beginning Work at the City.
H. PAYMENT FOR SERVICES
Contractor will invoice the City for Services provided in accordance with this Agreement on a weekly basis. Payment shall be due within thirty (30) days from the receipt and approval of invoice. The City's signature or electronic approval on Contractor's timesheets certifies that the hours shown are correct and that the Terms and Conditions - Temporary Staffing Page 3
ATTACHMENT 2
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Work was performed to the City's satisfaction and authorizes Contractor to bill the City for the hours worked by the named Contractor Employee. In no event shall the total cost of services under this Agreement exceed the cost of service set forth in Section C, above.
The rate charged for overtime hours worked by Contractor Employees will be the same multiple of the straight time bill rate as Contractor is legally required to apply to Contractor Employees' pay rate (usually a multiple of 1.5). An Employee shall be entitled to overtime once the Employee exceeds 9 hours in a day or 80 hours in 2 weeks or is otherwise entitled to overtime under California law.
City will be billed applicable sales, use, excise, value-added, and other like taxes on Contractor's Services.
Contractor reserves the right to increase mark-up's or bill rates, after notifying City in advance of such, in the event that Contractor's statutory rates increase.
I. INDEPENDENT CONTRACTOR
The Services which Contractor shall render under this Agreement shall be as an independent contractor with respect to each other and to the City. Nothing contained in this Agreement shall be construed to create the relationship of joint ventures, principal and agent, or employer and employee, between Contractor and the City or between Contractor's Employees and City.
J. INDEMNITY
Hold Harmless for Contractor or Contractor Employee Damages . Contractor holds City, its elected officials, officers, agents, and employees, harmless from all of Contractor's or Contractor Employee's claims, demands, lawsuits, judgments, damages, losses, injuries or liability to Contractor or Contractor Employees, which damages, losses, injuries or liability occur during the Work required under this Agreement, or occur while Contractor or Contractor Employees are on City property, or which are connected, directly or indirectly, with Contractor's or Contractor Employees' performance of any activity or work required under this Agreement. Notwithstanding the foregoing, this hold harmless does not apply to any claims for breach of contract between City and Contractor, or to claims arising solely out of the active negligence, gross negligence, or willful misconduct of City or City's employees .
Defense and Indemnity of Third Party Claims/Liability. Contractor shall investigate, defend, and indemnify City, its elected officials, officers, agents, and employees, from any third party claims, lawsuits, demands, judgments, and all liability including, but not limited to, monetary or property damage, bodily injury, wrongful death, general liability, automobile, infringement of copyrighUpatent/trademark, or professional errors and omissions arising out of, directly or indirectly, an error, negligence, omission, or willful misconduct of Contractor or Contractor Employees or any of Contractor's officers, agents, Terms and Conditions - Temporary Staffing Page4
ATTACHMENT 2
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employees, or representatives, in performing the Services or Work described herein. The duty to defend shall include any suits or actions concerning any activity, product or work required under this Agreement, and also include the payment of all court costs, attorney fees, expert witness costs, investigation costs, claims adjusting costs and any other costs required for and related thereto.
Notwithstanding the foregoing, the above indemnification does not apply to City's active negligence, gross negligence, or willful misconduct, and City shall indemnify Contractor to the extent damages result from such acts by City.
Contractor's obligations under this Section of the Agreement shall survive the termination of the Agreement.
K. EQUAL EMPLOYMENT OPPORTUNITY
Each party is committed to a policy of equal employment opportunity for all employees and job applicants, and will comply with all laws relating to Equal Employment Opportunity.
L. PATIENT PROTECTION AND AFFORDABLE CARE ACT
As it relates to the Patient Protection and Affordable Care Act ("PPACA"), City shall under no circumstances be deemed the employer ( common law or otherwise) under any applicable laws or regulations related to benefits for Contractor Employees and, in the event any such allegations of employment relationship are made against City, Contractor agrees to indemnify and defend City as against such allegations. To the extent that the enactment of the PPACA causes any increase in the cost of services during the term of this Agreement, City agrees to revisit the terms of this Agreement in relation to those costs specifically.
M. INSURANCE REQUIREMENTS
Contractor shall, at its sole cost and expense and throughout the term of this Agreement and any extensions thereof, carry the following insurance:
1. GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE:
General Liability Insurance and Property Damage insurance in the amount of not less than One Million Dollars ($1,000,000) combined single limit, protecting the Contractor and any subcontractor performing the Services covered by this Agreement against any claims of bodily injury, personal injury, and property damage arising out of the Contractor's performance of this Agreement, whether such performance be by the Contractor or by Contractor Employees or by any other person directly or indirectly employed by Contractor.
The policy shall provide for coverage of all claims occurring during the term of the policy notwithstanding the fact that the claim may be asserted subsequent to the expiration of the policy.
Contractor shall provide the City with a certificate of insurance evidencing the insurance required herein, and a separate additional insured endorsement Terms and Conditions - Temporary Staffing Page 5
ATTACHMENT 2
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prepared by Contractor's insurance company/agency naming as an additional insured: "The City of Burbank, 275 East Olive Avenue, Burbank, CA 91502, its officers, employees, agents and representatives," and providing that the insurance shall not be cancelled or materially reduced in coverage or limits except after 30 days' written notice has been given to the City of Burbank, Purchasing Division, 301 E. Olive Ave., Burbank, CA 91502.
2. CRIME AND DISHONESTY COVERAGE:
Contractor is required to maintain Crime/Dishonesty coverage. The coverage may be included in the General Liability policy or separate policy. Coverage must include all Contractor Employees supplied by Contractor to City.
3. WORKERS' COMPENSATION INSURANCE:
Contractor shall furnish satisfactory evidence that Contractor has secured in the manner required by law the payment of Workers' Compensation provided for in California Labor Code and all amendments thereto and shall maintain such insurance during the term of this Agreement. The policy shall be endorsed to waive all rights of recovery against the City, members of the City Council and officers, employees and agents of the City.
N. VENUE
The venue of any action or claim brought by any party to this Agreement will be the Superior Court of California, Los Angeles. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Agreement is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, County of Los Angeles.
0. MEET AND CONFER
The Parties agree to meet and confer concerning all claims, disputes or other matters in question between the Parties arising out of or relating to this Agreement or breach thereof prior to the institution of any litigation.
P. CONVERSION FEE
City is obligated to pay Contractor a conversion fee of no more than 10% of the first year base salary, if City hires the Employee for the same job or job title series in the same office that the Employee was assigned to within 90 days of leaving City service or while assigned to City. If the Employee has worked 600 hours or more for City, no conversion fee shall be payable. If the Employee has worked less than 600 hours for the City, the conversion fee shall be payable by City at a pro-rated amount based on hours worked, according to the following formula:
(First Year Annual Base Salary x 0.1) x ((600 -Total Hours Worked)+ 600) Terms and Conditions - Temporary Staffing Page 6
ATTACHMENT 2
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For example:
Employee worked 450 hours for City. First year annual base salary is $54,000. ($54,000 x 0.1) x (0.25) = $1350 conversion fee.
The City is not obligated to pay Contractor a conversion fee if the City recommends or otherwise refers an Employee to the Contractor.
Q. AUTHORIZATION TO EXECUTE
Each party represents and warrants that all necessary action has been taken by such party to authorize the undersigned to execute this Agreement, and bind it to the performance of its obligations hereunder.
[Signatures on following page]
Terms and Conditions - Temporary Staffing Page 7
ATTACHMENT 2
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In recognition of the obligations stated in this Agreement, the parties have executed this Agreement as of the date indicated above.
"CONTRACTOR"
Sincerus Solutions, Inc.
Signature
"CITY"
City of Burbank, a municipal corp.
~~ ~ 1)12-l,
Signature
1..eah ~ voroi ~ rro~ o ~Q-~_W_Y\.__\Z_CJ_~_ V\_vt_k_"_\ \ __ R,c..\,-,,o.'<~ W ,.\so"' Name (please print)
Title
Attest:
Zizette Mullins, MMC, City Clerk
Terms and Conditions - Temporary Staffing
Name (please print)
k.,\' , V\'::)
&iv~ MM1t1t¥Y, &~P
Title
Approved as to Form
Office of th City Attorney
City Attorney
c~w (fl
c~: :.~
ATTACHMENT 2
A2-8
EXHIBIT "A"
Schedule of Compensation
The total compensation (including, any reasonable costs, expenses or reimbursements) payable by the City to the Contractor shall not exceed the Cost of Service as set forth in Paragraph C of the Agreement.
Time and Materials: The City shall pay for the services on a time-and-materials basis.
Contractor shall invoice the City for all actual hours of work performed in accordance with this Agreement at the following rates:
[Insert Hourly Rate Table for each Contractor Employee] TITLE PAY RATE* BILL RATE BILL RATE
(Sincerus Recruit) (Referred Recruit}
Junior Engineerinq Aide-BWP $23.80-$32.81 $ $
Engineering Aide $29.31-$40.40 $ $
Engineerinq Technician $34.12-$4 7 .03 $ $
Electrical Enqineerinq Associate I $36.41-$50.20 $ $
Senior Secretary $25.54-$33 .83 $ $
Senior Clerk $21 .00-$28.95 $ $
*Pay rate ranges are for illustrative purposes. Corresponding bill rates would flex in accordance to the change in pay rate, as necessary.
A "Sincerus Recruit" is defined as an associate ("Contract Employee") who is recruited, and placed, by Sincerus Solutions ("Contractor''). Sincerus Recruits are subject to the Conversion Schedule as outlined in Section "P" of this Agreement.
A "Referred Recruit" is defined as a Contract Employee who is recommended or otherwise referred to Contractor by the City of Burbank ("City"). Referred Recruits can be hired by the City at any time, without incurring any fees, and are not subject to the Conversion Schedule or any other similar payment.
All associates, regardless of classification (Sincerus Recruit or Referred Recruit), shall provide identical services, to City and to Contractor Employee, with the exception of the difference in billing rate to City.
Terms and Conditions - Temporary Staffing Page 9
ATTACHMENT 2
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EXHIBIT "B"
Contractor Emplo yee Job Descr ipti on, Dutie s, and other Requirement s CffV OF BURBANK
JUNIOR ENGINEERING AIDE-BWP
DEFtNITION
Under direct supervision, to perfonn a vaniety of entry level office and field engineering work involving basic engineering knowledge and skills; and pe1form related work as required.
ESSENTIAL FUNCTIONS
Performs en1ry level assignments in civil, mechanical, or elect rical eng;ineering in support of Burbank Water mid Power se1vices and goals; meets with contractors or customers at the counter or fiield disseminating information; assists in field spotting residential utility se·ivices; assists in t11e preparation of cost estimates and specifications; assists in loading and power quality assessments; checks applications for pe1mits and connections against departmental drawings and records; identifies, locate.s, and researches records of utility facilities, easements, property lines, and other information for the prep.:iration of project plans or drawings; verifies existing equipment, configuration, and improvements from records and through field visits; plots cross sections, profiles, and contours; computes and indicates changes on maps; compiles data for plans, specifications, and reports; makes calculations using algebra, geometry and trigonometry ; uses computer aided technology to create new maps and/or dr.:twings or update existing mes, maps, and drawings and store related information; organizes and archives various project documents; secures information from public records using knowledge of engineering terms and dmfting; drives on Oity business.
M1NIMUM QUALIFICA TIONS
Empl,oyment St.:,nd.irds:
• Knowledge of - drafting instruments, techniques, and practices; standard terminology, techniques, practices, and equipment used in engineering , surveying, drafting, hydrogmphy , and inspection; algebra, geometry , and trigonometry; basic computer aided technology; basic techniques and practices of engineering.
• Ability to - learn and use computer aided technology and npplicatiions in the field and in an office em,ironment; use calculators to pe1form arithmetic comp:utations quickly, neatly, and accumtely; read a!rnd interpret maps and s1imple engineering drawings; slketch, trace, delineate, and leUer; follow om! and written instructions or an established procedur
e in performing a vc:1riety of simple tasks requiring
careful execution; establish and maintain effective working relationships witl'l supervisors, fellow employees, and tile public.
Education/Train ing: Graduation from high school or equivalent .:md completion of .:t minimum o:f one semester of college course won< in enginee1ing or drafting and algebra, geometry or trigonometry or related srt1bject(s) with a grade "C" or better. (3raduation from an accredited technology magnet or vocational technica l higl1 school with course work in engineering or drafting and math sciences or related subject(
s) with a grade "C" or better can be substituted for tile required college course wor k.
License & Certificat ,es: A valid Califomi.:i Class "C" driver's license or equivnlent.
SUPPLEMENT AL INFORMATION
Desirable Qualifications: A Geographic Information Systems (GIS} certificate.
Est 5/16117
BCEA
Terms and Conditions - Temporary Staffing
Civil Service Classification
FLSA Non-Exempt
ATTACHMENT 2
A2-10
CITY Of BURBANK
ENGINEERING Al'DE
IDEflNmOM
il.Jlooerdiredt superrvision, to perform entiylevel para-professiona1 engineenngwork involving basic engi1111eemg knowledge and skills; and to do related work as required.
ESSENTIAL FUNCTIONS
Perfolims rou!tiine work in plotting cross sections, profiles and cunlours; checks applications for permits and oonnedtions against departmental drawings and records; verifies existing improvements f(m:rn maps; ma,l<es addi~ions to maps; computes and indicates changes in lot lines on maps~ oomputes charnges or assessments from frontage or area; compiles data fur plans, specifications, airnd reports; makes calculations using algebra and trigonometry, prepares maps, layouts, plains., and idtrawings frnm rough or detailed sketches or notes: traces drawings and maps; posts new data on maps and drawings; draws graphs and charts to illustra1e statistical data; secures infonnation from p11J1b!ic records usi111g knowledge of engineering terms and drafting . l"JUN~MUM QUALIFICATIONS
IEmpfoy.ment Standards:
• Knowledge of -drafting instruments, techniquies, arnd practices ; stlndardl terminology , tedlilrniqtres, praci!iices and equipment used in engineering survey/Ag, drafting, hydrog:raphy, amt insprectii0111; a~geihra and imiigonometry.
• Ability !to - do dara .entlly; u:se calculators to pe:rform arithrnetic computations quickly., neaUy, and a:murail:ely; read and rinterpret maps and simple engineering drawings; sketch, trace, dfieliineate and Je:tter: !follow oral and written instructions or an established procedure in perfo1m1ng a vanie!ty of simple '.tal:slks 1/iequiring careful execution; establish and mainmii111 effediv:e working relationships with 'SL~pervisors, fellow employees, and the publi,c.
IErducatiotlilITra1111i1'ing: Compfetion of two years' col~ege course work (60 semester un1its} ~iith emphasiis in e1n,gill'lerefling or related subject with completiion of course wolfk in droffing, ,.:algebra ~md 1trigonometry with a grade "C" or better.
S:UlPIP LIEMiEINT AL i N.FORMA TIIO/N
A 1i1a1id Cilll:ifornia Ciass "G" dliverr's license or equivalen1 rniay b:e required at time of .iippointmenl !Rev .. ~f24f,(])8
i8CEA
Terms and Conditions - Tempo rary Staffing
Civil Selvice Glassification
FLSA Non-Exempt
ATTACHMENT 2
A2-11
CITY OIF BURBANK
ENGINEERIN G TECHNICIAN
DEFINfflON
Under superrvision to perrforrm skilled para-professional engineering ass1i,gnments uilili:ziing basic e1rngineering knowledge and! skills; to analyze data .and prepare reports; to ass·st iin tlhe prepamtioTil of cost estimates arnd S[Pecifications; and to do related work as requ ired .
ESSIENTIAL FUNCTtONS
IPerrfom,s skiUed para-professional assignments in civil, mechanical, or el ectrical engineering; meets with contractors or ,customers regarding utility sePJices and makes decisions in-field; dr:a\.vs maps; does detailed design drafting and prepares finished engineering drawings; enters, records anti! analyzes data and pe1fom1s computations; prepares reports, charts, and graphs, and bills of materia1; maintains records; assists in the preparation of cost estimates and speciticat ions ; assists engineers in various fie1d, office, test, or inspection work in construction, surveying, mapping, design mud data .imalysas in the areas of water produmtion and distribution, sewage disposa l, street ro11stmction, building and plant construction and maintenance, electrical generation, transmission aniGI di.stribuilion, and traffic oontrol; drives on City business.
MINIMUM QUALIFICATIONS
Emp.loyment Standairds:
• Knowledge of - physics and mathematical principles and their application to engineering ~n preparing charts, gra;>l1s, drawings, computations , cost estimates arnd specifications_ • Ability to - use engineering tools such as drafting instruments, c.Jliculators allld persona~ c,ompui ers: sl<etc'h, trace, delineate and letter; l,eam and use computer~assisted design (CAO) systems; establ ish and! maintain effective working relationships vi1ith supervisors, fellow employees , and the publiic.
Educat ionl'Trai 1nin~r: Comp fetion of two years of college course work with emphusis on eir11,gineeJ1il"llg or related subject and completion of course work in drafting, algebra and trigonometrry wi~h a grade "C" or better, and two years of para-professional engineering experience_ An additional fiv,e yearn of para-professional engineering experienoe may be substituted for the required college ooursewonk, Uc,ense & Cert<ifii·cates: A valid Ca!ifornia Class "C" driver's license or equivalent at tiime of appointrnent
SUPPLEMENTAL INFORMATION
None.
~v. 06124106
!E!CEA
Terms and Conditions - Temporary Staffing
Civil Senf.ice Classificatio:n
FLSA Ncm-Exem:pt
ATTACHMENT 2
A2-12
Cll Y OF BURBANK
ELECTR,ICAL ENGINE!E.RING ASSOCIATE I
DEflNmON
Under su1l en1ision, to perfonn entry level professnonal elecltrical engineering wor'r< in an electlic utility; and perform related work as required.
ESSENT IAL FUNCTIONS
Makes detail design and construction drawfngs for rebuilding or adding to e.lectrical generation, tmn:smissfon or dislti l>utiOn facilities; prepares specifications and detailed materials l·ists for retx1ildi11g or adding to electrical power sys ern facilities: ini iates autt10112at1on ancl ag,reements for joint use of electrical distrilmtiOn poles and related equ(pmen ; pertorms field ll'JOrk suoh as inspeotion of the _condiUon and 1ocmion elf power poles, primaiy and secondary lines, transformer and other types of electrt,cal equipm·ent, inspednon of elec1ric line extension and replacement work. and checks field conditions ancl tile progress of el'ectrical constructron; investigates transfonner loads of industrial, commercial aM residential areas ancl determines overtoaded transfonners; investigates complaints concerning low Unes, lines crossing pr1vate prope11y, and relateel problems; performs elementmv system load flow. stability, and st1ort circuit studies:
prepares calculations for transmisston afild cHstn1Jution S',1Stem relay settings and voltage regulation problems; performs studies of alternative approaot1es to addttions to electric IPOWer system; prepnres data for ,reports to govem!il1enta! and inclustrial agencies; maintains records and cllarts of system load groi.\~h; prepares rnlculalions and charts relaUng to utility rate studies and graphs for analysis of operations, load. iilow, anc! toss studies; perfoITTJs dlr:afting work; prepares and maintains accurate reports and records, both 1111amm11y a111d e.lectronicany; drives on Cioty business. :MiN1IMUIM QUALIFICA TIONS
IEmpJ,oyment Starndards:
• l<rnowleclge of - principles of electricity, physics and mathematics; electrical dramng methods .and equipment; elementary cllaraderislics of transfornne:rs and lrnnsmission lines. • Skill Jn - drafting ancl enginee:ring related drawing; operating modern compuh:rs and re1~1teG1 sottvrare. .. ~bi!ity to - anticipa1e ove11oadecl conditions; use mathematical tables. understand technictil gmpl'ls, c11.:a:its, legal pm:perty descriptions, ,engineering records and maps; drnft ana prep3re maps and grap11s; read •1,viring cliagrams; rolloi.v directions and prepare accur. .. -i-te repo1ts; utilize computers In 111e pe11orm.:mce of complex cailculations; communicate effectively, both orally and in writing; est<J!)lisl1 o.ilnd m@iratain effective worikiing relaU011ships with supervisors, fellow emp!oyee..s, and tl1e pulJlic.
IEduc;atio:ruTrainirng: Gradu.:itton from an .accredited college or lllnive:rsity wim a BacMlor or StN=mce :defiree i11 Electirical Engineering. Note: A Bat:l1elor of Science degree in an engineering or science f1iett1 otherr l!li.:m e'lect!fical engineerirng, b1J! with upper cl.:iss course 1;1.ror1< in ,electricnl engineering, may be qualifyi!11£J . College se111iors aire eligible to apply. however, appointment cannot l:le made until proof of £ll<i!dltmtiion WJU1 a i8acl1elor of Sc!enoe degree in eleictrlcal engineering Is sul,mitted. Registration as n,, !Electrical Eng.iineer tn tl1e State of Galit:omia may l)e substilu ed for the educatro:n requirement liiee:nse ,& certif icates: A valid Califomia Olass "C" clriver·s license or equivalent .at time or ..:ippolntment SUiPP:U8MIEINTAl (NFORMAT1ION
Desffrab!le Qu.alincatio:111s; Pr,ofidency tn AutoCAD and ce:ntificauon as a1 enginee:r-in-training in ~he State of California_
!Rev .. 12/04719
IBCEA
Terms and Conditions - Tempo rary Staffing
Civil service Glassifi,c..11iion
FLSA NOii-Exempt
ATTACHMENT 2
A2-13
CITY Of BURBANK
SEIN1IOR SECRETARY
DEf1flHTION
lllnder ,gelf'!erral dir,ection, to perform a variety of confidential and complex secretarial and d e:ricail :dtities for a division manager or full-time elected official; to supeivise clerical staff; and to do related worlk as required.
ESSENT IAL FUNCTIONS
IPeriornns vm1ious d erical duties of a complex nature, including typing, filing, bookkeeping and process!ing fonns; composes, types, and proofreads a variety of reports, letters, memos, arnd charrts; researches, ,compiles.and analyzes data for a variety of projects and reports; takes and transcribes diCilation; talkes verbatim and sense minutes of meetiings and prepares offici.:d minutes; oversees maintenance of division records and files; assists the public and responds to prog mm .and procedural i,111,quriries; coordinates and arranges meetings; operates calculato:r, worrl processor and other office eqlllipment; may operate radio equipment; may opemte a computer tem1inarl to enter, modify, .or retrieve data; assi sts in the pre poration and administration of ttle divi sion budget; supe:rvises, tmins and evaluates e mployees; implements and assists in deve iopin,g polid es and procedures related to assigned function; may serve as office manager. iMtf'UMUM QUALIFICATIONS
IEm pl,oymen t Standa rds:
• Know'led9e of - modern office methods, proceclures and! equipment; English Utsage, spelling, ,gr:ammar, and punctillation; basic arithmetic and accounting n,ethods; municipal org,:mizatim,; princnples of sound supeivision.
,. Ability to - organize and maintain record keeping systems; plan and direct the work off others; operate a variety of office equipment, including word processor and computer tem1ina!I; work independently and exercise judgment and initiative in perfun-ning duties; communicate ealec:tive:ly, both verbally and in w riting; establish and ir1aintain effective working rel::ition:ships with srlllpervisors, fellow employees, amt the public; take shorthand/stenotype dictation at a sipe-ed of 9.0 words a minute or transcribe ifro.rn dictation equipment acc-u rately m, d quickly; type a,ocurately from clear copy at a speed of 50 net words per m~nute.
Education!T.r:a!ining: Th'fee years of recent secretaria'I or d enica,l work, including one year in a respo-rn'Sible s11.1perv,isoiy or speci.:ll.ized capadty and '1igh school gmduation or eqt1i11.Jlent.
SUP!PlEMEINT ,4JL INFORMATION
A valud California Class "C" drivers licens·e or equi11alent may be required ..tt time ,of ~ppointment. !Re11. €J24J'D8
BCEA
Terms and Conditions - Temporary Staffing
Civil se:rvtre Classification
FLSA Non-Exempt
ATTACHMENT 2
A2-14
CITY Of BURBANK
SENIOR CLERK
DEFiNITION
Under oliredion , to perform a variety of difficult and complex clerical work; and to do related wonk as required.
ESSE NTIAL FUNCTION S
Responsible for d erical functions requiring discretion and specialized knowledge; prepares material for typing, using independent judgme nt and initiative; types a variety of materials of considerable complexity, includ1ing tech11ical correspondence, fom1s, reports , numerical and statistical reports ~rom oral directiion, rough draft , copy, notes, dictating equipment, or other source; reviews andl edits outgoing materials for clarity, correct spelling, punctuation and grammar, proper form, and completeness; composes routine correspondence and reports; sets up and maintains complex filing systems; assists the public wiith techniical questions; expla ins difficult ,procedures and inlterpreis regulations; reviews documents for accuracy, including invoices, purcha_se orders, payroU and perso1ru11el materials; sdhedules i, voices for payment within the appropriate discount period; receives money; prepares arnd issues receipts; makes emergency purchases~ maintains i111ventory of supp'lies; operates a computer terminal to enter, modify or retrieve data; operate calculator, word pmcessor and other office equipment; may assist Po'lice in booking, searching, and rtransporitiin!Q pai soners.
M~NIMUM QUAUF ICATIONS
fmploym e:n't Standards :
• Knowledge of - modem offioe meU1ods, procedures and equipment; Engilish usage, spelli111g, grammar, arid punctuation; basic arithmetic; municipal organizations. " Ability to - operate a variety of office equipment , including e-ah::u(ator, ll'/OIU prooossor, a1111d computer terminal; understand and explain a wide variety of technical pmceCllures and policies; organ ize and mainrain record keeping systems; establish and maintain effective working relationships with supervisors, fellow employees, and the public.
Educat ion/Tr aining : Two years of recent experience in responsible clerical work and high school graduation or equiva lent. Ability to type accurately from clear copy at a speed of 45 net \•JOrds per minute. NOTE : Additional qualifying experience may be substituted fortherequ ired educa~ion,on,a year-for-year basis for a maximum of two years.
SllPPLEMEIN'TAJL ~NFORMATION
A valid CaJ.ifomaa Class "C" driver's license ,or equivalent may be required at time ·of appoi1Filtme:nt Rev_ 6J.24Ji08
BCEA.
Terms and Conditions - Temporar y Staffing
Civil service Cirassificatr@n
FLSA Non-Exempt
ATTACHMENT 2
A2-15
ACCOUNT CLERK
ACCOUNTANT
EXHIBIT "C"
Live Scan Fingerprint Employee Positions
[Last updated 4/25/17]
ACCOUNTING & AUDIT MANAGER
ADMINISTRATIVE ANALYST I (LiveScan only if a confidential position) ADMINISTRATIVE ANALYST II (LiveScan only if a confidential position) ADMINISTRATIVE OFFICER (LiveScan only if a confidential position)
ADMINISTRATIVE TECHNICIAN
APPLICATIONS DEVELOPMENT ANALYST I
APPLICATIONS DEVELOPMENT ANALYST II
APPLICATIONS DEVELOPMENT ANALYST Ill
APPLICATIONS DEVELOPMENT ANALYST IV
AQUATIC PROGRAM COORDINATOR
ASSISTANT CITY ATTORNEY
ASSISTANT CITY MANAGER
ASSISTANT CITY TREASURER
ASSISTANT FINANCIAL SERVICES DIRECTOR
ASSISTANT GENERAL MANAGER - BWP
ASSISTANT GENERAL MANAGER CUSTOMER SERVICE & MARKETING
ASSISTANT INFORMATION TECHNOLOGY DIRECTOR-APPLICATION SERVICES
ASSISTANT INFORMATION TECHNOLOGY DIRECTOR - OPERATIONS
ASSISTANT LIBRARY SERVICES DIRECTOR
ASSISTANT MANAGEMENT SERVICES DIRECTOR
ASSISTANT MANAGEMENT SERVICES DIRECTOR- LABOR & HUMAN RESOURCES
ASSISTANT MANAGEMENT SERVICES DIRECTOR - RISK MANAGEMENT & SAFETY
ASSISTANT PARK, RECREATION, AND COMMUNITY SERVICES DIRECTOR
BENEFITS COORDINATOR
CHIEF FINANCIAL OFFICER
CHILDREN'S LIBRARIAN
CITY ATTORNEY
CLERICAL WORKER (only need LiveScan if working with confidential information)
COLLECTIONS SPECIALIST
CRIME ANALYST
CUSTODIAN
DATABASE ADMINISTRATOR I
DATABASE ADMINISTRATOR II
DATABASE ADMINISTRATOR Ill
DEPUTY CITY ATIORNEY
DEPUTY DIRECTOR - PARK, RECREATION, & COMMUNITY SERVICES
DEPUTY DIRECTOR- PARK, RECREATION, & COMMUNITY SERVICES- RECREATION SERVICES Terms and Conditions - Temporary Staffing Page 16
ATTACHMENT 2
A2-16
DEPUTY DIRECTOR - PARK, RECREATION, & COMMUNITY SERVICES-SENIOR & HUMAN SERVICES
DEPUTY FINANCIAL SERVICES DIRECTOR
EMERGENCY MANAGEMENT COORDINATOR
EXECUTIVE ASSISTANT
FACILITY ATIENDANT I
FACILITY ATIENDANT II
FACILITY TECHNOLOGY COORDINATOR
FINANCIAL ANALYST
FINANCIAL SERVICES DIRECTOR
FINANCIAL SYSTEMS MANAGER
FOOD SERVICES AIDE
FOOD SERVICES SUPERVISOR
FORESTRY SERVICES SUPERVISOR
GROUNDSKEEPER
GROUNDSKEEPER HELPER
HEAVY EQUIPMENT OPERATOR
HUMAN RESOURCES MANAGER
HUMAN RESOURCES SPECIALIST
HUMAN RESOURCES TECHNICIAN I
HUMAN RESOURCES TECHNICIAN II
INFORMATION SECURITY ANALYST
INFORMATION SYSTEMS ANALYST I
INFORMATION SYSTEMS ANALYST II
INFORMATION SYSTEMS ANALYST Ill
INFORMATION SYSTEMS ANALYST IV
INTERMEDIATE CLERK (only need LiveScan if working with confidential information)
IRRIGATION SPECIALIST
LANDSCAPE AND FORESTRY SERVICES SUPERINTENDENT
LANDSCAPE SERVICES SUPERVISOR
LAW OFFICE ADMINISTRATOR
LEGAL SECRETARIAL CLERK
LEGAL SECRETARY
LIABILITY CLAIMS COORDINATOR
LIBRARIAN
LIBRARY ASSISTANT
LIBRARY CLERK
LIBRARY MONITOR
LIBRARY PAGE
LIFEGUARD
LIFEGUARD - INSTRUCTOR
LITIGATION PARALEGAL
LOCKER ROOM ATIENDANT
MAIL ROOM ASSISTANT
Terms and Conditions - Temporary Staffing Page 17
ATTACHMENT 2
A2-17
MANAGER COMMUNICATION SYSTEMS
MANAGER SECURITY SYSTEMS
MANAGER TECHNOLOGY
MANAGER TELECOMMUNICATIONS
MARKETING ASSOCIATE
MESSENGER-BILL DELIVERER
NETWORK SUPPORT ANALYST I
NETWORK SUPPORT ANALYST II
NETWORK SUPPORT ANALYST Ill
NETWORK SUPPORT ANALYST IV
OPERATING SYSTEMS ANALYST I
OPERATING SYSTEMS ANALYST II
OPERATING SYSTEMS ANALYST Ill
PAYROLL TECHNICIAN I
PAYROLL TECHNICIAN II
PRINCIPAL ACCOUNTANT
PRINCIPAL ACCOUNTANT
PRINCIPAL CLERK (only need LiveScan if working with confidential information)
RECREATION COORDINATOR
RECREATION LEADER
RECREATION SERVICES MANAGER
RECREATION SUPERVISOR
SENIOR ACCOUNTANT
SENIOR ADMINISTRATIVE ANALYST
SENIOR ASSISTANT CITY AITORNEY
SENIOR COLLECTIONS SPECIALIST
SENIOR FOOD SERVICES AIDE
SENIOR GROUNDSKEEPER
SENIOR LIBRARIAN
SENIOR LIFEGUARD
SENIOR RECREATION LEADER
SENIOR TREE TRIMMER
SOCIAL SERVICES COORDINATOR
SOCIAL SERVICES PROGRAM SUPERVISOR - NUTRITION
SOCIAL SERVICES SUPERVISOR
SPECIAL ACTIVITY LEADER
SPECIAL PROJECT CREW LEADER
SUPERVISING ACCOUNT CLERK
SUPERVISING LIBRARIAN
TECHNICAL SUPPORT ANALYST I
TECHNICAL SUPPORT ANALYST II
TECHNICAL SUPPORT ANALYST Ill
TECHNICAL SUPPORT ANALYST IV
Terms and Conditions - Temporary Staffing Page 18
ATTACHMENT 2
A2-18
TRAFFIC CONTROL JOURNEYMAN
TRANSPORTATION OPERATIONS SUPERVISOR
TRANSPORTATION SCHEDULER
TRANSPORTATION SERVICES DRIVER
TRANSPORTATION SERVICES MANAGER
TREASURER TECHNICIAN
TREE TRIMMER
TREE TRIMMER HELPER
UTILITY RATES & PROGRAMS ANALYST
WORK TRAINEE I (all P&R Work Trainees or any department working with confidential information)
WORKERS' COMPENSATION ADMINISTRATOR
WORKERS' COMPENSATION COORDINATOR
WORKERS' COMPENSATION TECHNICIAN
YOUTH EMPLOYMENT ASSISTANT
YOUTH EMPLOYMENT COORDINATOR
YOUTH EMPLOYMENT JUNIOR TEAM LEADER
YOUTH EMPLOYMENT TEAM LEADER
YOUTH SERVICES WORKER (only if over 18 years old)
***NOTE***
Police Department: Individuals who will perform any Work of any nature at the City's Police Department (located at 200 North Third Street, Burbank, CA 91502) must be Live Scanned.
Fire Department: Individuals who are temporarily assigned to fill a Fire Department employee position must be Live Scanned.
Terms and Conditions - Temporary Staffing Page 19
ATTACHMENT 2
A2-19
m w
L
EXHIBIT "D"
ADMINISTRATIVE PROCEDURE
SUSJECT: ALCOHOL AND DRUG USli: PR01U1UTI0N
POLICY
PURPOSE:
NO. Il-38 Rev.
'DATE 71'2/14
The City of 13urhank .rec,igru1.es that the i.mpainn.e t of e 1ploye,e.s due to cm '\llllptiou of ;1kohol, illegal drugir, and ~J!USe or m_rsus1} of controlled substances greatly redn ·es our ability to serve tho.:: commrtnity, and couM have s ·rinm· hellltb and financial COIJisequences for the City through irmreasctl safoty risks, liability, increased Work'l'S 1 Compensa ·on
costs, increased use of medical lil:nefits, lost prmluclivity and crm ticim~ tleci8ion-making ..
The City of Dmbank is dm committed tn proviJ.ing a s~:fo, healthful, a11d drug and alcohol free work envkonment for all of its employees.
11. PROHIBITIONS~
The u::1;1 or cn11sumptron of nlcohol or the po session, us~, o con. umption of illegEtl drugs while ;1.1 work or on City premises; reporr1n°· to nnd/or bein , at work or on Ci y premises under tl e in.tluc ce uf ulcohol mid/or illegiil drngs~ being und r the influence of kgolly prescdbeu medical:i ort that lin1its or impuirs tht~ 'ntployee from afely p •rfonniug lihelr Juli e ·; anti the ahusc nr 1nlHnsc ,of controlJed substances by employees while flt \\'Otk or oa City p1-crniscs, i.· p.rnhihiteu am! shull he cum;e for Ii ~ 'ipllniiry action, iJ clmlin but nut lirnikd tu, suspcll~ion, Jcmntfon, or disnniss:d.
Employee~ who LI'>.: in uniform ,md/nr driving a v ·hid e ,vilh a Cit)' logn, or who m l'eadily idenHtfable tbrnugh [il1taplmmi:1Hu. :-ruch tts u b<1<lge, as u Chy nf Bu!'bank:
employee, are pfohl it ·d from the ptm::hasc, 1>i1lc, po: scssinn, an,L'm: tmnspurtution of alcohol or any iJlegnl dr gs/substaru:.e while wearing sue.h m1ifnr111 or pm·aphcmuHu 01· driving such v llicle.
Law enforcet ent e.mplcrye s 01,e xempt from the above provisioul! on th!.! u:,:1: tmd ClJusumpUon of alco ol, a . d the provisions on the ptuclmse, s. le, po ses ·io11 mi<lior t uns 011ati.on of alcolm! and illegal d 1g .. ubst · ces. Th. e .. ·~mptiou i only in effc ·t during tJK' comsc and scope of otlk.ial <ltlli s n · a wl1ile ltt accord:1 ce wfth Polkti Dcparl.rnencnrlcs/guidelinc,: which gove1 tbe. e t,r,tivitles w·f:iHe on duty.
Ill.. EXCEPJJO_N:
This policy s1 all not apply to ,my -:v nt for wbkh tlu:. City MLt,wge.r b. s g.iwn prior writi:en con cnt to ullow for the purclm e, poss~v,ion. tmnsportatio11, use, m1d!n1· cun. mtiption of ak,1lml nn Chy ])l'Q pt:r,y.
Terms and Conditions - Temporary Staffing Page 20
ATTACHMENT 2
A2-20
•
ADMINISTRATIVE PROCEDURE
NO H~38 Ro;;v. J _
ClATE 7/1./ l "f
SUBJECT: LCOHOL AND DRUG USE PROHIBITION
i'Ol.lCY
IV. DEFINITIONS :
For JJurpo~es of this Policy th~ following -cle.finitious Hp ply:
l . Abu.se m· misu~c of a coutroUoo :mbst:mc,o means the use of o.r t•esting poshiw for a ~ontrolled suh~tum:e, or taldng nndior posse:s.sing a controlled suh, Lance \Vilhcmt medic:nl supervisio11 or a pr sc1·ihed by th , r mmfactturer or physician.
2. . Alcohol rntm1 nny bcvcr-,11gc or substance tlint con1:1it15 ethyl ,1icohol (ethm1ol) including. but not fonitc<l to bee,., wim,, arid distill d spirit .
3. Controlled S11bstnm:c me::ms drug, sub·taraco, or imm ·,Jiatll pr c-uror wh~ch is listed in any . cheduk i11 SectiOil l 1054, 11()55, l J056, 11 057, or 11058 of th , California Unifom:t Contrnlled Sll stances At:t, Califon ·a Hl!alth & Saf-ei}" Cnde Sections: 11000, et al., or n11y otlrnr- any tln1g which is not legally obtoinuble; ·lly drug w11ich is legally oh inabk but has not bceill legally obtained; nny prescribed drug n it legally al tnlt:100; ~my prescribed drug ot bein , 1sed for the :priescribC"d purpo .; amt any drug hd g. u:; ·d for a urpos not in accordance wl!h boun fid medlcat therapy.
4. mcgal (ff n.ot .legally obtained llnr~s merm .i:1w c mtt·"lled :sub't nee for whkh a person docs not possess a valid pi,escr1ption from fl medict1l p.rofessi,o.11al lk ·nsc<l to rrcsctil :;;1.,1cb ccmtrnlled substrmc . in tb State ,of California.
:5. l ,ndrr [be in!'lnencc h 111 mo::trn u cm1ditiora iii which a p cn!()ll displays indication:s of dnig uud/or koha l usi:lwnsmnplk,,ra in nny dc.t 'tt abh::
manner .mid includes, bu 'is n t limited to, the odur l}f ale ihnl mi ru1 ~mplc'lyee's ~l'.llh m (I/or J) 1·son, :r I lld \ ate:r-y eyes, sl:um:: d pecch, (lifficnl!y in rnuintainimg b,1Jance, lm:k f ·oncentr<'!tion. e:"1:.e811ivc sleupiucss, hypc1·aetivity, el'. Ft r the. purpOct,!S of thi A.dministrntiw Prnc1:dun: the tielinliimi t,f under thu influ iac, .... need not onfomi to the standard of prnuf requi:1'1.:d for uny criminal pr('fsec lion n r !rivin under th,; influ ,nee pm:su nt to th~ California Vohic[l: -;mlc.
6. Wldlc a-t wo,·I, m ans fir!) compl!n l -d tbu . whuthi:!,r or uol on Cily premise:·. it alsn inc1r.1des lunch .ind r• t period_ tl nt thH withi.u 011 P gt: 2 of 3
Terms and Conditions - Temporary Staffing Page 21
ATTACHMENT 2
A2-21
~-.- l!1,.·ffl ...... ~ till
.··_;J
ADMINISTRATIVE PROCEDURE
SUBJECT ALCOHOL AND DRUG Sl~ PROHIBITION
POLICY
NO. rT~38 Rev.
DATE 1/1,fr·",
employee'-- rcgulllrly s ·be-duled working homs whet er or not. such time is Ci>mpensated.
Terms and Conditions - Temporary Staffing Page 22
ATTACHMENT 2
A2-22
EXHIBIT "E"
•
ADMINISTRATIVE PROCEDURE NO. U-45 Rev,_J_
DATE 8/26/15
SUBJECT: NT1-lllSCRIMI 'l'ION, HAU SS lENT,
AND RETALIATIO POLICY
&0£~
CITY MANAGER
L STATEMENT:
The "'ity of Burbank is (,;Ommitted to providing a work environment thul is free of liscrimination and will take ll rensom1bl steps to prevent disctiminntion and/or hams ment from occml'ing. ln keeping with this commitment lo both 1m:,hibit nnd prevent dl ·crimination and/ot' harassment, the ity maintains a strlct Administrative Procedure (AP) I rohibiting discri mination and/or harassment hased on the following prot ct cl char cteristics: age, sex (including pregnancy, d1ildbirlh, or related medical co11dilions), gender, race, color, religion, national origin, ancestry, citizenship status, military and veteran status, marital status, e>.:nal orientntion, gender identification, genetic infonnation, medical condition, FMLA/CFRJ\ eligibility, 01· any disability protected by stflte and federal law.
Furthermore, this AP prohibits all forms of discrimination and/or har ssment, including verbal, physical, vi ual or written. Finally, retaliation n defined in this AP is also prohibited.
This AP applies to all employees, including non .. supervisory pei-scmnel, co workers, supervisors, tnanagement, and appointed officials, in their interactions with each other, as well as, interactions with non· mployees who have coniact with them <luring their work hours, such as: employer agents, suppliers, applicants, customers, conll'aclor-, ve11dors, 1111d !he general public.
Discrimination and/or harassment ba ·ed upon an individual's protected characteristic ns outlined in this AP will not be tolerated. Disciplinary .iction or other appropriate sanction , up to an I including tennination; will be instituted for prohibited behavior as defined in this P.
Conduct that do ·s not violate this AP mny still v!olnte prov1s1ons f the Memorandum of Understanding witJ employee groups, the Civil Service Rules, or other APs.
11. .1)JSCRlMINATION1 HARASSMltNT, AND/OR RETALIATION:
For the purpose of this AP, Jiscriminalion shall be generally defined as ur1y adverse employme,,t action (such HS refusnl to hire, promote, or pro 1ide a 'ity ser ice) 011 the basis of the identified protect d chnr teristics listed within the firsl edion ortl1is AP.
For the purpos of this AP, hara sment shnll generally be defined as either quid pro quo or hosti.le work environment Quid pro quo hnrassme11t occurs when a REQUIRES EMPLOYEE ASSOCIATION APPROVAL 0
Page l of 7
Terms and Conditions - Temporary Staffing Page 23
ATTACHMENT 2
A2-23
•
l
'
ADMINISTRATIVE PROCEDURE
SUBJECT: NTI-DISCIUMIN TIO \ HARASS mNT,
D RETALIATION POLICY
NO. H-45 Rev"-_L
DATE 8/26/15
~~
CITY MANAGER
supervisor/manager makes submis ·ion to unwekomecl , exual conduct a tenn or condition of employment. A hos!il work environrn nt occur· when fin mployc ~ i subjected 10 certain behavior or conduct bRscd on a protected chaructcristic and !hat behavior or onduct is sufiiciently sev re or pervasive as l alter the conditions of the mployce s employment m1d er ate n nbusiv working nviron.ment.
Such behavior can include intimidation; ridicule and insult. The conduct docs not have t<l be d.ir (\te<l at a specific individual but may ol o include a non employee who ob.serves the conduct. The conduct inclmlcs epithets, display of dcr gatory vism1l or written material, repeated requests for sexual contacts, m1wa11ted •xual adwmccs, or othel' visual, verbal, or physical conduct of any nature objectively inappropriate to n work environment (see 1h nttuchment to this AP or more detailed examples}. his includes many fonns of offensive behavior a11d includes behavior of a person of the ame eK or opposite sex. A person does not have to prote:t the, conduct and may appear to "volunturily" cons nt to the conduct. An individual may not protest the onduct for many reasons, including the need to avoid being insubordinate or being outcast.
Engaging in any behavior or conduct described above, if based on a protected clmracteristic, is prohibited by this AP and may be subject to discipline, even if the behavior or conduct is not severe or pervasive enough t create a hostile w rk environment a legally defined.
for tl1e purposes of the AP, retaliation shall be generally defined as any ndverse aetiori token against a person who has r ported mid/or filed drnrges or complained ahout discrimination and/or harassment, even if it erumot b proven thnt the discrimination nd/or harassment occnrr ·cl; or nguinst n person who is a witness to such conduct und/or supports the claims r an thcr person or participates in the investigation of such a claim. Retalill'tion includes rent r implied tl1rcots fo prevent an btd.ivh!ual from reporting act of discrimhmtion and/ r lum1ssme11t. or demotion, reduction in pay, r tenninntion from employment for reporting such acts.
IJI. ENFOR 'EMENT :
Both supervisory < ml non-supcrvi:mry personnel may be held p rsonnlly linble for harassing an mployec, co-worker, or ncm-employee, r for aiding and abetting discrimination and/or hara sment In or ler to focilitnte ellective enforcement of !his AP, the folklwing obligations are imp sed:
l'l1ge 2 of 7
Terms and Conditions - Temporary Staffing Page 24
ATTACHMENT 2
A2-24
ADMINISTRATIVE PROCEDURE
NO. fT-45 Rev. 3
DATE 8/26/1 5 -
SUBJECT: Tl-DISClUMlNATlON HARASSMENT,
AND RETALIATION POLICY
~k • . .. . . 1
CITY MANAGER
(a) Suflci'visors/Managers - Supervisors/managers are required to immediately report any conduct they directly observe or is reported to them by any employee which might constitute any violatit n of this AJ> to the Management Services Director or Dcpnrtm nt Manager. upervisor /managers are also required to im1Mdiately r~port any conduct thut might violate this AP of which they have knowledge that is not obtaitied throogh direct observation or reported by an employee. When supervisors/managers have knowledge from a third party, or receive information that i clearly rumor and is withm1t nny • uhstantiating details that cm be folfowed up on, they Are expected to u c their judgment in detennining , hether and how to proceed. If a Supervisor is 'tlllsure how to proceed, they should consult their upetior or Management crvices or, in an abundance of caution, report th incident.
Supervisors/managers have a duty to 'top nml teport any form of discrimination and/or harassment. ·mis also indudes discdmin· lion and/or harassment incidents with employees riot under their direct supervision.
(b) Employees - Any employee who becomes the subject of or hns direct knnwledge of rmy such tHscriminalion m1d/01· harnssmeni is required to promptly report the facts of the incidcnt(s) to their immediate 'Upervisor, any manager, Department Manager, or the Marn eme11t Services Director.
(c) The City of Burbank - The.City wi ll assess each sltueitfon as though all of the lleg1 tions ore true in determining whcth r nn inv stiga1ion is w rrant cl. If an investigation is necessary, the ity will c mluct nn investigation r gardlcss of whether the. re ipicnt <)l' 11 non-employee reports the potential violation.
Disciplinary n ·tion will be taken promptly oguin:it mty upervisor/manager/employee if it becomes krtown to management that such pcrsort has engagc<l in conduct that is in vi ltllfon of Ibis AP.
No employee shall he retaliated against for reporting discrimination und/or harassment <>r parti ipating in an investigation. In addition, no employee shall
Terms and Conditions - Temporary Staffing Page 25
ATTACHMENT 2
A2-25
•
' -
ADMINISTRATIVE PROCEDURE
SUBJECT 'Tl-l)JSCTU 11 'ATJO ', HAHA.'.'MENT,
D Rl..:'fALlA TIO POLICY
NO. Il-45 Rev_. _3_.
DATE 8/26/1 S
int ·:rfi::ru < r 11 ~' pr ·ssurc to cli•;1::ot1rngl· any 1>1ht:r 111pl1)y1:c: or h,ir:1,~m"nt ,,i ·tim fr,)m using thi: pr c,edure.
l '. PRO C ESS:
.\ ll n.:ports of di:crimination, rct.1liution, m1<l/or haras ment \\~II be a~scss <l promptly .ind in a.'> ·onfidentinl a mannc:I' as po ·;;iblc. ·with du' regrn'tls to the privaL'. Y right:. of the c 1nplaimml and H1ll due proc '."s rights uft h..: ,l\.:cu:e<I . Ever.' possible ·ff n will ·· rnad·· 10 as. tir · the nlidenfrility of omplaints rnade um.lc:r this AP. ,omp lc:t..: Am ii I ·nfo1lity cannot o ·cur, howcvo:r. due to the ne ·d to fully investigate and th , duty to take •.ffi:ctivc r med h i acti n.
Oni:o th re ls a repo (if discrimination, harassment. nndlor rd uliation, lite Managcmt'nl ~ en ic ·, Dir · ·tor in c:.onsullatiun with the ..ity lto rncy's Ol'fice, s all ·issess i r a invesli!! alion slw ulu lw condu kd , .. 111d if so. by the D,•p,11tm w11t 01 b)' the '.v1anag..:1nc11t , ..:f"'I ices Director 01· di.: .. ignce. If !he ~:mploycc's ,~omJ. Iaint is a •nin.:t a Department !'v1a1111g ·r, th1: M, nngcrncnt ."'...:rvicci. Dirl:ch.'I' or <lcsigncc shall con lu ·t tl1 • i11vestigatiu11 :1fttir ·111."ult:1ti1H1 with the City Tan:ig •r.
ln th~~ c,0 r it j,-; dctctmln ·d that !hl: .1l lcl!.1tin11s as p eseri vd L>. llw. C()mplain:.mt .irt: nLll s1.1tlk i ·nl. to .:<,rnhlish thut the c. lllplainnnt wa~ su 1ectl'.cl t Ll di~c:dmim1tion, hornssmcnf .. andior re1aliatiL11 1 111 d •r thls AP, th · cnmplai11..u1t viii bt: inf rmL:rJ of th,1t dd t-rmim1L1on ..:tnd 110 further inwstigation n.:la11.:.d tll a 'iolaliun orthi s · P n ·cd b • C\Jll luct.,~d,
( a} T n,·L~.,ti~:lliou - All inv •sri~•arions shall h • com11ktcd withi11 a rca~onablc timti. lf it is J 1cn11 i111:il .u1 111\lcstigation is w;;i.n:mnrd, auy employee dlkgc I tu h.iv · viobt cd thi, /\ P shall he informed i11 writing 1.1f the inv ·st·igathm .tnd a(!m,-,nish !d n01. to di~c11!."S and/or inlt,.'rli.•n.i with (hi! inv • ·1ig~1t.i n or rclaliat' ,lg:linst th · w mplainnm(s}. t the i.:t0 nd usio11 o! ally inv1:stigation, the Cit) will make a finding that either:
( l ) no violati. n of thh. ,· P Gt:'t:orrcd:
(2 ) thcr : ,·as i11su!lic k: nl 1J 1'id~ 11cc ro ond tidc whether rn' not u vinlatinn \) 1· th is , J> o -c:urrr.:d:
Terms and Conditions - Temporary Staffing Page 26
ATTACHMENT 2
A2-26
•
ADMINISTRATIVE PROCEDURE
SU8JECT' ANTl-DlSCRIMIN TlON, HARASSMENT,
AND Rl~TALJATlON POLICY
NO II-4 ~ Rev,_]_
DATE 8/26/15
~~
CITY MANAGER
(b) Finding - The City's finding will he tm · d upon the totality of the evidence, including Hie natnre of the omlucl , nd the context in which it o curred.
The ity will not disclose l'I complete inve ligation report; however, u sumn1ary of !he findings will be c mmunicatcd to the a cused an I complainant as promptly as possible.
If it is found that no violation of ll1is AP occurred or there is insufficient evidence lo conclude that u violaliou occurred, the compluiuont will be informed of that finding and advised they may proceed further by contacting either the California Dep 1rtme11l of' Fair Employment and Housing or the United State Equal Bmployment Opportunity Commission.
(c) Co1mq11cncts • If it is found a violation of this AP has occu1Tcd, the ity will take prompt urn! appropriate remedial fiction conunensurate with the ·everity of the offense; In addition, the ity will take all reasonnble steps to protect the complninant from farther discriminntion, harassment, and/or reh1liation.
(d) Appcnl • An employ e sul~ccl 10 disciplinary Hction s n result of a violati n of this AP may appeal pursuant to the relevant prnvisions of the employee' Memorandum of U11derslanding or the 'ivil s~rvice Rules, where applicable. 1n the event no appeal process is rrovld d for under either of those, the employee may ar,penl rmy discipline or m\y action taken a •ainst them pnrsuiml to AP ll-4.
V. ADDITIONAL REPORTING OPTIONS:
In addition to r p orting any cas s of discrimination ond/or hflrnssment to their immcdfotc supervisor, any manager, Department Manager, o.r Man. gement Services Dire .tor, employees r)r job applicants may iii a complaint with the following agencies:
c, lifomia Department ofFair Employmem nncl Housing
61 l West ixth Street, 1514 Floor
LCls ngelcs, CA 9001 7
800-884-1684/800-700-2320 (TTY)
www.DFEH.CA.gov
Terms and Conditions - Temporary Staffing
ATTACHMENT 2
A2-27
•
ADMINISTRATIVE PROCEDURE
SUBJECT: ANTJ-DISCIUMINATlON, HARASSMENT,
ANH RE'l'ALIATION POLICY
The Equal Employment Orportunity Commission
255 Ea t Temple trcet, 4
1 Floor
Los ugele , CA 9001 2
213-894-1000
NO. II-45 Rev:_]_
DATE 8/26/15
~. ~
CITY MANAGER
The e agencies ofter legal remedies and a complaint process. ln addition, they may file formal accusations against the City anrl/or hara · ·er, ace s fines ot damages a. granted by the law, 01· provide a right to sue letter lo the victim. lf you have any questions concerning this AP, please feel free to contact !he Management Services Director at 818-238-5026.
P,ge 6 of7
Terms and Conditions - Temporary Staffing Page 28
ATTACHMENT 2
A2-28
ADMINISTRATIVE PROCEDURE
SUB.JECT· ANTI-DlSCRU\UNATION, H RAS 'MENT,
AND RETALIATION POU Y
NO. ll-45 Rev. 3
DATE 8/26/ I 5 ---
~ k;t(
CITY MANAGER
ATTACHMENT A
Dis .dminat ry and/or harassing couduct includes, but is not limited to:
VERB L - making or using derogatory comments, epithets, slurs, and/or jokes; u ing verbal abns based 011 a protected clmrncteristic; inappropriate comments abo11t an in lividual's body, physical features aml/or dress (including dress that may or mny not be consistent with gender identification); uegr1:1ding WC1rds used to de cribe an individunl; uggestive or obscene letter or notes; o eri11g employment benefits or promises in exchange for sexual favors: or making any unwelcome sexual advances or propositions.
VISUAL - Leering; inaking sexual or offensive gestures; or displaying of deme mi11g, offensi-v , or suggestive objects, -mails, drawings, pictures, cartoons, or posters related to a prot .cted chara tciistic.
PHYSICAL - Offcnsiv touching, pinching, grabbing, patting, impeding or blocking movements, or Interference with nonnal WOl'k or movemc1tt.
TllR.EAT & DEMANDS . Making r al or implied threats of intimidation to prevent an individual from reporting discrimination nncl/or ham smenl bused on n pro!~cted characteristic or making thl'eatening reprisals aft r negative n,sponse to sc '.Ual advim es.
Terms and Condition s - Temporary Staffing Page 29
ATTACHMENT 2
A2-29
EXHIBIT "F"
CITY OF BURBANK
CONFIDENTIALITY AND
NONDISCLOSURE AGREEMENT
I,---------------- (Temporary Employee Name),
am being employed by (Temporary Agency) as a
Temporary-Employee (hereinafter Temporary Employee) and will be working for the City of Burbank (City). Temporary Employee acknowledges that in the course of providing services to the City, Temporary Employee may come into possession of sensitive or confidential information, either directly or indirectly. Temporary Employee agrees to maintain this information in the strictest of confidence and not disclose the information to anyone unless instructed to do so by the City. Temporary Employee shall not sell, share, discuss, assign, transfer or otherwise disclose any confidential information obtained while performing services for the City with any other individual or business entity and will not use the confidential information for any purpose other than providing services to the City.
Temporary Employee acknowledges that a violation of this Agreement may result in Temporary Employee being immediately removed from placement with the City and/or barred from working at the City in the future, as well as potential legal action being taken against the Temporary Employee.
Temporary Employee's Signature Date
Temporary Employee Name (print)
Terms and Conditions - Temporary Staffing Page 30
ATTACHMENT 2
A2-30