Eastvale City Council
August 12, 2026

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COOPERATION AGREEMENT

FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT,

HOME INVESTMENT PARTNERSHIPS PROGRAM, AND

EMERGENCY SOLUTIONS GRANT
FOR FISCAL YEARS 2027, 2028, 2029

This Cooperation Agreement for the Community Development Block Grant , HOME Investment Partnerships Program, and the Emergency Solutions Grant for Fiscal Years 2027, 2028, and 2029, hereinafter referred to as “Agreement” is made and entered into this ______ day of __________ 2026, by and between the COUNTY OF RIVERSIDE, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and CITY OF EASTVALE , an incorporated municipality within the geographical boundaries of the COUNTY, hereinafter referred to as "CITY.” City and County individually referred to herein as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, the Housing and Community Development Act of 1974, as amended (42 U.S.C.A. § 5301 et seq.) (Public Law 93-383), hereinafter called "ACT", provides that Community Development Block Grant funds hereinafter referred to as "CDBG", may be used for the support of activities that provide decent housing, suitable living environments, and expanded economic opportunities principally for persons of low and moderate-income; and WHEREAS, the HOME Investment Partnerships Act program, hereinafter referred to as “HOME,” was enacted as Title II of the National Affordable Housing Act of 1990, for the purposes of: expanding the supply of decent, affordable housing for low and very-low income families with emphasis on rental housing; building State and local capacity to carry out affordable housing programs; and providing for coordinated assistance to participants in the development of affordable low-income housing; and
WHEREAS, the Emergency Solutions Grant, hereinafter referred to as “ESG,” was authorized by the McKinney -Vento Homeless Assistance Act of 1987 and the Homeless Emergency Assistance and Rapid Transition to Housing (HEARTH) Act of 2009 . The objectives of the ESG program are to increase the number and quality of emergency shelters and transitional 335

Cooperation Agreement For CDBG, HOME And ESG Funds 2027-2029

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housing facilities for homeless individuals and families, to operate these facilities and provide essential social services, and to help prevent homelessness; WHEREAS, CDBG regulations require counties to re-qualify as an Urban County under the CDBG program every three (3) years.

WHEREAS, the chief executive officer of the COUNTY is authorized to execute this Agreement pursuant to Riverside County Ordinance No. 442.

WHEREAS, the City Manager or Mayor of CITY is authorized to execute this Agreement on the CITY’s behalf.

WHEREAS, the COUNTY Board of Supervisors on July 28, 2026 via Minute Order 30623 authorized the COUNTY Director of Housing and Workforce Solutions to execute this agreement on behalf of the COUNTY.

NOW THEREFORE, in consideration of the mutual covenants herein set forth and the mutual benefits to be derived there from, the parties agree as follows:

1. GENERAL.
(a). This Agreement gives COUNTY authority to undertake, or assist in undertaking, activities for Fiscal Years 2027, 2028, and 2029, that will be funded from the CDBG, HOME, and ESG programs and from any program income generated from the expenditure of such funds. COUNTY and CITY agree to cooperate, to undertake, or to assist in undertaking, community renewal and lower-income housing assistance activities. COUNTY is qu alified as an "Urban County" under the ACT. CITY, by executing this Agreement, hereby gives notice of its election to participate in an Urban County’s Community Development Block Grant (CDBG), Home Investment Partnership s Act (HOME), and Emergency Solutions Grant (ESG) programs, hereinafter referred to as "Urban County Programs".
(b). By executing this Agreement, CITY understands that it may not apply for grants from appropriations under the Small Cities or State CDBG Programs for fiscal years during the period in which it participates in the Urban County’s CDBG program, and that CITY may only participate in the HOME program through the COUNTY’S Urban County Programs, not a HOME 336

Cooperation Agreement For CDBG, HOME And ESG Funds 2027-2029

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consortium. The CITY may also apply for HOME funds from the State of California, if permitted by the State.
(c). By executing this Agreement, CITY understands that it may only receive a formula allocation of ESG funds through the COUNTY’S Urban County Programs. The CITY may also apply for ESG funds from the State of California, if permitted by the State.

2. TERM.

The term of this Agreement shall be for three (3) years commencing on October 1, 2026, and expiring on September 30, 2029, unless an earlier date of termination is fixed by U.S.

Department of Housing and Urban Development, hereinafter called HUD, pursuant to ACT. This Agreement shall remain in effect until funds granted and program income received during the three-year program period are expended and the funded activities completed. Neither the COUNTY nor the CITY may terminate, withdraw, or be removed from the program during the three-year program period.

This Agreement will renew automatically for participation in one successive three- year Urban County qualification period (Federal Fiscal Years 2030-32), unless the CITY or the COUNTY provides written notice to the other party that it elects not to participate in a new qualification period. The terminating party shall send a copy of the notice of termination to the HUD field office by the date specified on the HUD Exchange Urban Counti es website. By executing this Agreement, the CITY acknowledges that it has been notified in writing of the CITY’s right to make this election. A copy of this Agreement will be sent to the HUD field office by the date specified on the HUD Exchange Urban Counties website.

The Parties agree to adopt amendment (s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s), when applicable. Failure by either Party to adopt any such amendment, and to submit such amendment to HUD, will void the agreement for such qualification period.

3. PREPARATION OF FEDERALLY REQUIRED FUNDING APPLICATIONS.

The County of Riverside Housing and Workforce Solutions, subject to approval of COUNTY’s Board of Supervisors, shall be responsible for preparing and submitting to the U.S. 337

Cooperation Agreement For CDBG, HOME And ESG Funds 2027-2029

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Department of Housing and Urban Development (HUD), in a timely manner, all reports and statements required by the ACT and the Federal regulations promulgated by HUD to secure entitlement grant funding under the CDBG, HOME, and ESG programs. This duty shall include the preparation and processing of COUNTY Housing, Community, and Economic Development Needs Identification Report, Citizen Participation Plan, the County Five-Year Consolidated Plan, One-Year Action Plan, Consolidated Annual Performance and Evalua tion Report (CAPER), and other related programs which satisfy the application requirements of ACT and its regulations.

4. COMPLIANCE WITH FEDERAL STATUTES, REGULATIONS AND
OTHER APPLICABLE STATUTES, REGULATIONS AND ORDINANCES.
(a) COUNTY and CITY will comply with the applicable provisions of the ACT and those Federal regulations promulgated by HUD pursuant thereto, as the same currently exists or may hereafter be amended.
(b) The COUNTY and CITY are hereby obligated to take all actions necessary to assure compliance with COUNTY’s certification regarding affirmatively furthering fair housing pursuant to Section 104 (b) of Title I of ACT, as amended. (c) COUNTY and CITY will comply with the applicable provisions of the following: National Environmental Policy Act of 1969; Title VI of the Civil Rights Act of 1964 and the implementing regulations at 24 CFR Part 1; The Fair Housing Act, Title VIII of the Civil Rights Act of 1968, the implementing regulations at 24 CFR Part 100, and the duty to affirmatively further fair housing (AFFH) ; Title 24 Code of Federal Regulations part 570; Cranston -Gonzales National Affordable housing Act (Public Law 101 -625); Executive Order 11063, as amended by Executive Order 12259; Executive Order 11988; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.§4630, et. seq.); Section 109 of Title I of the ACT and implementing regulations at 24 CFR part 6, including Section 504 of the Rehabilitation Act of 1973 and the implementing regulations at 24 CFR Part 8 , Title II of the Americans with Disabilities Act and the implementing regulations at 28 CFR part 35, the Age Discrimination Act of 1975 and the implementing regulations at 24 CFR part 146, Section 3 of the Civil Rights Act of 1963, as amended, Section 3 o f the Housing and Urban Development Act of 1968 , the Uniform 338

Cooperation Agreement For CDBG, HOME And ESG Funds 2027-2029

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Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the implementing regulations at 49 CFR Part 24, and Section 104(d) of the Act and implementing regulations at 24 CFR Part 42; and other Federal or state statute or regulation applicable to the use of CDBG, HOME Investment Partnerships Act (enacted as Title II of the National Affordable Housing Act of 1990), and Emergency Solutions Grant funds.
(d) CITY agrees that the Urban County Program funding for activities in, or in support of, the CITY are prohibited if CITY does not affirmatively further fair housing within CITY’S jurisdiction or impedes COUNTY actions to comply with its fair housing certification. (e) CITY and COUNTY shall meet the citizen participation requirements of 24 CFR 570.301 and provide Urban County Program citizens with all of the following:
i. The estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate-income; ii. A plan for minimizing displacement of persons as a result of activities assisted with CDBG funds and to assist persons actually displaced as a result of such activities;
iii. A plan that provides for and encourages citizen participation, with particular emphasis on participation by persons of low and moderate -incomes, residents of slum and blighted areas, and of areas in which funds are proposed to be used, and provides for participation of residents in low and moderate-income neighborhoods; iv. Reasonable and timely access to local meetings, information, and records relating to the grantee’s proposed use of funds, as required by the regulations of the Secretary, and relating to the actual use of funds under the ACT; v. Provide for public meetings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least the development of needs, the review of proposed activities and review of program performance.

Meeting shall be held after adequate notice, at times and locations convenient to potential or actual beneficiaries, and with accommodation for the disabled. 339

Cooperation Agreement For CDBG, HOME And ESG Funds 2027-2029

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(f). CITY shall develop a community development plan, for the period of this Agreement, which identifies community development and housing needs and specifies both short and long-term community development objectives.
(g). CITY certifies, to the best of its knowledge and belief, that:
i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the CITY, to any person influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee o f a Member of Congress, in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modific ation of any Federal contract, grant, loan or cooperative agreement.
ii. If any funds other than Federally-appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard Form -LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions.
iii. The CITY shall require that the language provided in Sections 4( c) of this Agreement be included in the award documents for all sub -awards at all tiers (including subcontracts, sub- grants and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.
(iv). In accordance with Section 519 of Public Law 101 -144, (the 1990 HUD Appropriations Act), the CITY certifies that it has adopted and is enforcing a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations, and that it has adopted and is enforcing applicable State and local laws against physically barring entrance to, or exit from, a 340

Cooperation Agreement For CDBG, HOME And ESG Funds 2027-2029

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facility or location which is the subject of such non -violent civil rights demonstrations within its jurisdiction.

5. COMPLIANCE WITH POLICY AND PROGRAM OBJECTIVES.

The COUNTY’s Board of Supervisors have adopted policies and procedures to ensure efficient and effective administration of the CDBG, HOME and ESG programs. COUNTY will provide these policies and procedures to CITY within a reasonable time after this Agreement’s commencement date. COUNTY and City agree to comply with these said policies and program objectives and to take no actions to obstruct implementation of the approved 2024-2029 Five Year Consolidated Plan and the subsequent Five Year Consolidated Plan.

6. OTHER AGREEMENTS
Pursuant to Federal regulations at 24 CFR 570.501(b), CITY is subject to the same requirements applicable to sub -recipients, including the requirement of a written agreement set forth in Federal regulations at 24 CFR 570.503. For each fiscal year during the term of this Agreement, COUNTY and CITY shall enter into an additional agreement, commonly known as a Supplemental Agreement, that will have a term coinciding with a CDBG Program Year and enumerate the project(s) CITY will implement with its entitlement funds. Said Supplemental Agreement will set forth the time schedule for completi on of said project(s) and any funding sources, in addition to entitlement funds, that will be used in completing the project(s). If substantial compliance with the completion schedule, due to unforeseen or uncontrollable circumstances, cannot be met by CI TY, the schedule for the project(s) may be extended by COUNTY. If COUNY determines that substantial progress toward drawdown of funds is not made during the term of the Supplemental Agreement, the entitlement funds associated with the project(s) may be re programmed by COUNTY, to other activities as determined by COUNTY, after COUNTY provides appropriate written notice to CITY. COUNTY's decision not to extend the completion schedule associated with the project(s), or to reprogram the entitlement funds associated with the project(s), will not excuse CITY from complying with terms of this Agreement.

7. DETERMINATION OF PROJECTS TO BE FUNDED AND
DISTRIBUTION OF ENTITLEMENT FUNDS.
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CITY agrees to submit to COUNTY in writing, no later than the date specified by COUNTY prior to each program year, the activities that the CITY desires to implement with its entitlement funds, said designation to comply with statutory and regulatory provis ions governing citizen's participation. Said designation is to be reviewed by the COUNTY's Housing and Workforce Solutions to determine that the projects are eligible under Federal regulations for funding and inclusion in the One Year Action Plan of the C ounty’s Five-Year Consolidated Plan and consistent with both Federal and COUNTY policy governing use of Community Development Block Grant (CDBG) funds.

In the event that CITY fails to submit to COUNTY the identified activities that the CITY desires to implement with its entitlement funds by the date specified prior to each program year, the COUNTY may determine the activities to be funded, without consen t of the CITY, consistent with both Federal and COUNTY policy governing use of Community Development Block Grant (CDBG) funds.

Consistent with Sections 3, 4, 5, 6, and 7 of this Agreement, COUNTY's Board of Supervisors will make the final determination of the distribution and disposition of all CDBG funds received by COUNTY pursuant to the Act.

8. COMMUNITY DEVELOPMENT BLOCK GRANT MANUAL.

CITY warrants that those officers, employees, and agents, retained by it and responsible for implementing projects funded with CDBG have received, reviewed, and will follow the Community Development Block Grant Manual that has been prepared and amended by COUNTY, which Manual is incorporated herein and made a part hereof by this reference.

9. REAL PROPERTY ACQUIRED OR PUBLIC FACILITY
CONSTRUCTED WITH CDBG FUNDS.

When CDBG funds are used, in whole or in part, by CITY to acquire real property or to construct a public facility, CITY shall comply with the National Environmental Policy Act of 1969 (42 U.S.C. § 4321, et seq.), the California Environmental Quality Act (Cal. Pub. Resources Code § 21000, et seq.), the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4630, et seq.), and California Government Code Sections 7260 et seq., 342

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as those laws may be amended from time -to-time and any Federal or state regulations issued to implement the aforementioned laws.

In addition, the following is to occur:
(a) Title to the real property shall vest in CITY;
(b) The real property title will be held by or the constructed facility will be maintained by the CITY for the approved use until five years after the date that the CITY is no longer considered by HUD to be a part of the metropolitan city or urban county, purs uant to 24 CFR 570.501(b).
(c) While held by CITY, the real property or the constructed facility is to be used exclusively for the purpose for which acquisition or construction was originally approved by COUNTY;
(d) CITY shall provide timely written notice to COUNTY of any action which would result in a modification or change in the use of the real property purchased or improved, in whole or in part, with CDBG or HOME funds from that planned at the time of acquisitio n or improvement, including disposition.
(e) CITY shall provide timely written notice to citizens and opportunity to comment on any proposed modification or change;
(f) Written approval from COUNTY must be secured if the property or the facility is to be put to an alternate use that is or is not consistent with Federal regulations governing CDBG funds;
(g) Should CITY desire during the five (5) year period to use the real property or the constructed facility for a purpose not consistent with applicable Federal regulations governing CDBG funds or to sell the real property or facility, then:
(i) If CITY desires to retain title, it will have to reimburse either COUNTY or the Federal government an amount that represents the percentage of current fair market value that is identical to the percentage that CDBG funds initially comprised when the property was acquired or the facility was constructed;
(ii) If CITY sells the property or facility, or is required to sell the property 343

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or facility, CITY is to reimburse the COUNTY an amount that represents the percentage of proceeds realized by the sale that is identical to the percentage that CDBG funds comprised of the monies paid to initially acquire the property or construct the facility. This percentage amount will be calculated after deducting all actual and reasonable cost of sale from the sale proceeds.

10. DISPOSITION OF INCOME GENERATED BY THE EXPENDITURE
OF CDBG FUNDS.

CITY shall inform COUNTY in writing of any income generated by the expenditure of CDBG funds received by CITY from COUNTY. CITY may not retain program income so generated. Any and all program income shall be returned to the County and may only be used for eligible activities in accordance with all CDBG requirements, including all requirements for citizen participation.

The COUNTY is required by HUD to monitor and report the receipt and use of all program income. CITY is required to track, monitor, and report any and all program income as requested by COUNTY.

11. TERMINATION.

Except as provided for in Section 2, CITY and COUNTY cannot terminate or withdraw from this Agreement while it remains in effect.

12. NOTICES.

All correspondence and notices required or contemplated by this Agreement shall be delivered to the respective parties at the addresses set forth below and are deemed submitted two days after their deposit in the United States mail, postage prepaid:

COUNTY OF RIVERSIDE CITY OF
Heidi Marshall, Director Mark Orme, City Manager
County of Riverside HWS City of Eastvale
3403 Tenth Street, Suite 300 12363 Limonite Avenue, Suite 910 Riverside, CA 92501 City, CA 91752

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13. AGREEMENT ADMINISTRATION.

The City Manager of the CITY, and the Director of Housing and Workforce Solutions of County of Riverside, or their designee, shall administer the terms and conditions of this Agreement for their respective city or county.

14. COOPERATION; FURTHER ACT.

The PARTIES shall cooperate fully with one another and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purpose of the Agreement.

15. NO THIRD-PARTY BENEFICIARIES.

This Agreement is made and entered into for the sole protection and benefit of the PARTIES hereto and shall not create any rights in any third parties. No other person or entity shall have any right or action based upon the provisions of the Agreement.

16. SECTION HEADINGS.

The Section headings herein are for the convenience of the PARTIES only and shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions or language of this Agreement.

17. FORMER AGREEMENTS UTILIZING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS BETWEEN COUNTY AND CITY.

All agreements between CITY and COUNTY regarding the use of CDBG funds for fiscal years 1975 -76 through fiscal years 2027-2029 and any Supplemental Agreements there under, shall remain in full force and effect. If the language of this Agreement is in conflict or inconsistent with the terms of any prior said agreements between CITY and COUNTY, the language of this Agreement will be controlling.

18. INDEMNIFICATION
CITY agrees to indemnify, defend, and hold harmless COUNTY and its authorized officers, employees, agents, and volunteers from any and all claims, actions, losses, damages , and/or liability arising from CITY acts, errors or omissions and for any costs or expenses incurred by COUNTY on account of any claim therefore, except where such indemnifications is prohibited 345

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by law. CITY shall promptly notify COUNTY in writing of the occurrence of any such claims, actions, losses, damages, and/or liability.

CITY shall indemnify and hold harmless COUNTY against any liability, claims, losses, demands, and actions incurred by COUNTY as a result of the determination by HUD or its successor that activities undertaken by CITY under the program(s) fail to comply wit h any laws, regulations, or policies applicable thereto or that any funds billed by and disbursed to CITY under this Agreement were improperly expended.

19. COMPLIANCE WITH LAWS AND REGULATIONS.

By executing this Agreement, the Parties hereby certify that they will adhere to and comply with all Federal, state and local laws, regulations and ordinances.

20. ENTIRE AGREEMENT.

It is expressly agreed that this Agreement embodies the entire agreement of the Parties in relation to the subject matter hereof, and that no other agreement or understanding, verbal or otherwise, relative to this subject matter, exists between the Parti es at the time of execution.

21. SEVERABILITY.

Each paragraph and provision of this Agreement is severable from each other provision and in the event any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provision will never th e less continue in full force without being impaired or invalidated in any way.

22. ASSIGNMENT.

CITY shall not make any sale, assignment, conveyance or lease of any trust or power, or transfer in any other form with respect to this Agreement, or delegate or assign any interest in this Agreement without prior written approval of the County.

23. INTERPRETATION AND GOVERNING LAW.

This Agreement and any dispute arising hereunder shall be governed by and interpreted in accordance with the laws of the State of California . This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives 346

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and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof.

24. WAIVER.

Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Party to exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party’s righ t to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter.

25. JURISDICTION AND VENUE.

Any action at law or in equity arising under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed in the Superior Court of California, County of R iverside, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court or jurisdiction.

26. AMENDMENTS
No change, amendment, or modification to the Agreement shall be valid or binding upon CITY or COUNTY unless such change, amendment, or modification is in writing and duly executed. CITY and COUNTY agree to adopt any necessary amendments to this Agreement to incorporate changes required by HUD as set forth in the Urban County Qualification Notice.

Amendments must be submitted to HUD as provided in the Urban County Qualification Notice and failure to do so will void the automatic renewal for such qualification period.

27. PROHIBITION OF CDBG FUND TRANSFER
Parties to this Agreement understand and agree that they may not sell, trade, or otherwise transfer all or any portion of CDBG 52 funds to a Metropolitan City, Urban County, unit of general local government, or insular area that directly or indirectly receives CDBG funds in exchange for any funds, credits, or non -Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended
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28. EMERGENCY SOLUTIONS GRANT FORMULA ALLOCATION
CITY acknowledges that while participating in the COUNTY’s Urban County program, CITY can only receive a formula Emergency Solutions Grant (ESG) allocation from the Urban County program and only at such times as authorized by the Board of Supervisors. The CITY and COUNTY may also apply for ESG funds from the State of California, if permitted by the State.

29. HOME INVESTMENT PARTNERSHIP ACT FORMULA

ALLOCATION
CITY acknowledges that while participating in the COUNTY’s Urban County program, CITY can only receive a formula HOME allocation from the Urban County program and only at such times as authorized by the Board of Supervisors. The CITY and COUNTY may also apply for HOME funds from the State of California, if permitted by the State.

30. AUTHORITY TO EXECUTE.

The persons executing this Agreement or exhibits attached hereto on behalf of the Parties to this Agreement hereby warrant and represent that they have the authority to execute this Agreement and warrant and represent that they have the authority to bind t he respective Parties to this Agreement to the performance of its obligations hereunder.

31. INCORPORATION OF RECITALS
The Parties hereby affirm the facts set forth in the recitals above. Said recitals are incorporated herein and made an operative part of this Agreement.

32. COUNTERPARTS
This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

[SIGNATURES ON FOLLOWING PAGE]

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IN WITNESS WHEREOF , the COUNTY and CITY have executed this Agreement on the date shown below.

Date: _______________________

COUNTY OF RIVERSIDE, CITY OF EASTVALE,
a political subdivision of the a general law city
State of California

BY: ____________________________ BY: _________________________ Heidi Marshall, Director Mayor
Housing and Workforce Solutions

APPROVED AS TO FORM: ATTEST:
, County Counsel

BY: ________________________
By: __________________________________ City Clerk Braden Holly, Deputy County Counsel

APPROVED AS TO FORM:

BY: __________________________
City Attorney

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COUNTY COUNSEL CERTIFICATION

The Office of County Counsel of the County of Riverside hereby certifies that the terms and provisions of this Agreement are fully authorized under state and local law and that the Agreement provides full legal authority for the COUNTY to undertake, or assist in undertaking, essential community development and housing assistance activities specifically urban renewal and publicly assisted housing.

County Counsel

By: _____
Braden Holly, Deputy County Counsel

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AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.13
August 12, 2026
Second Reading of Ordinance to Establish Chapter 12.20 of the Eastvale Municipal Code Regula,ng the Opera,on of Electric Bicycles and Other Electric Conveyances
Prepared By:

Johnny Terfehr, Community Safety and Technology Director Recommended Action(s)
Staff recommends that the City Council approve the second reading and adopt an ordinance en
tled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, ADDING CHAPTER 12.20 (ELECTRIC BICYCLES AND OTHER ELECTRIC CONVEYANCES) TO TITLE 12 (STREETS

AND SIDEWALKS) OF THE EASTVALE MUNICIPAL CODE

Summary
To enhance public safety on sidewalks and other public property, City staff recommends establishing an ordinance regula
ng the opera
on of electric bicycles and other electric conveyances to supplement existing regulations of such conveyances in the California Vehicle Code.

The proposed ordinance provides a clear set of rules for riders and will equip depu es with an
addi
onal enforcement tool to address emerging safety concerns associated with the growing use of these devices. By crea
ng consistent and enforceable standards, the ordinance aims to reduce hazardous behavior, improve pedestrian safety, and support responsible opera on throughout the
City.

Background
In recent years, the City has experienced a significant increase in the use of electric bicycles (e- bikes), and other electric conveyances. This increase has resulted in growing community concerns 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
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regarding the safe opera
on of these devices, enforcement challenges, and the need for clearer and more comprehensive local regulations.

On April 28, 2026, the Public Safety Commission reviewed and provided comments on a proposed ordinance regula
ng e-bikes and electric motorcycles (eMotos) within the City. The Commission expressed concerns regarding their use in parks and emphasized the need for addi onal language
addressing unsafe riding behavior and parental responsibility. The Commission also requested that staff explore the op
on of entering into a memorandum of understanding (MOU) with the Jurupa Community Services District (JCSD) to assist with enforcement related to e-bike and eMoto use.

On May 27, 2026, the City Council introduced the proposed ordinance and requested that it be revised to include requirements related to passenger helmet use. The ordinance now specifies that e-bike operators and passengers under 18 years of age riding on sidewalks or other public property must wear a properly fitted and fastened helmet.

On June 10, 2026, the City Council discussed the second reading of the proposed ordinance and raised concerns regarding the draE language. The City Council elected not to proceed with a second reading to allow staff to revise the ordinance as requested. Pursuant to the ordinance adop on
process, revisions made aEer the first reading require the ordinance to be reintroduced and considered again at a first reading.

On June 24, 2026, The City Council approved the first reading of the revised proposed ordinance with the following modifications:

E-bikes shall not be operated on sidewalks when an adjacent bikeway is available.

E-bikes and other electric conveyances shall not be operated at speeds exceeding 5 miles per hour on sidewalks or trails when pedestrians are present.

The ordinance establishes Chapter 12.20 of the Eastvale Municipal Code, crea ng a regulatory
framework tailored to local condi
ons and intended to promote the safe and responsible opera on
of e-bikes and other electric conveyances within the City.

Environmental
This ordinance is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guideline 15301 (Class 1 Exemp
on - Exis
ng Facili
es) as it regulates the use of exis
ng
public facili
es, include streets, sidewalks, and parks, by persons riding e-bikes, motorized scooters and eMotos.

Strategic Plan Action - Priority Level: N/A
| Target #: G
| Goal #: A
Identify and recommend tools necessary for optimal employee performance (Target G, Goal A) Fiscal Impact
Adoption of the proposed ordinance is expected to have no significant fiscal impact.

Prior City Council/Commission Action 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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352
On April 28, 2026, the Public Safety Commission reviewed and provided comments on the proposed ordinance. The ordinance has been revised to reflect the Commission's comments.

On May 27, 2026, the City Council introduced, read by
tle, and waived further reading of an
ordinance en
tled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, ADDING CHAPTER 12.20 (ELECTRIC BICYCLES, MOTORIZED SCOOTERS AND OFF-HIGHWAY ELECTRIC MOTORCYCLES) TO TITLE 12 (STREETS AND SIDEWALKS) OF THE EASTVALE MUNICIPAL CODE. The City Council also requested the ordinance be revised to add requirements pertaining to passenger helmets.

On June 10, 2026, the City Council voted to deny the second reading, not adopt an ordinance en
tled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, ADDING CHAPTER 12.20 (ELECTRIC BICYCLES, MOTORIZED SCOOTERS AND OFF-HIGHWAY ELECTRIC MOTORCYCLES) TO TITLE 12 (STREETS AND SIDEWALKS) OF THE EASTVALE MUNICIPAL CODE, and to bring the item back to a future meeting.

On June 24, 2026, the City Council voted to introduce , read by tle and waive further reading of the
proposed ordinance en
tled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, ADDING CHAPTER 12.20 (ELECTRIC BICYCLES AND OTHER ELECTRIC CONVEYANCES) TO TITLE 12 (STREETS AND SIDEWALKS) OF THE EASTVALE MUNICIPAL CODE. The mo on included
amendments prohibi
ng electric bicycles on sidewalks when a bikeway is adjacent and reducing the speed limit from 15 mph to 5 mph.

Attachment(s)
Attachment 1 - Ordinance

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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4908-3478-3383 v7

ORDINANCE NO. 26-08

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, ADDING CHAPTER 12.20 (ELECTRIC BICYCLES AND OTHER ELECTRIC CONVEYANCES) TO TITLE 12 (STREETS AND

SIDEWALKS) OF THE EASTVALE MUNICIPAL CODE
WHEREAS, the operation of bicycles, including electric bicycles (e-bikes) on public streets and highways , including bikeways within public streets and highways , is governed by the California Vehicle Code. (Veh. Code §§ 21200 et seq.); and WHEREAS, the operation of motorized scooters on public streets and highways, including bikeways within public streets and highways, is governed by the California Vehicle Code. (Veh.

Code §§ 21220 et seq.); and
WHEREAS, the operation of electrically motorized boards on public streets and highways, bikeways, sidewalks and trails, is regulated by the California Vehicle Code. (Veh. Code §§ 212 90 et seq.), but motorized skateboards are prohibited on any sidewalk, roadway, bikeway, and trail (Veh. Code § 21968); and
WHEREAS, the operation of off-highway electric motorcycles (eMotos) is generally prohibited on public streets and highways (Veh. Code § 38025) and on public sidewalks (Veh.

Code § 21663); and
WHEREAS, the Vehicle Code permits a city to regulate the operation of bicycles, including e-bikes, on sidewalks (Veh. Code § 21100(h) ) and equestrian, hiking or recreational trails (Veh.

Code § 21207.5(b)); and
WHEREAS, the Vehicle Code permits a city to regulate the operation of motorized scooters on pedestrian and bicycle facilities (Veh. Code §§ 21225, 21230 ), prohibits operating motorized scooters on sidewalks (Veh. Code § 21235(g), and requires operators to have a valid driver’s license or instruction permit (Veh. Code § 21225(d)); and WHEREAS, the Vehicle Code permits a city to regulate the operation of eMotos on public lands (Veh. Code §§ 38280 et seq.); and
WHEREAS, the regulations of vehicles on public property other than streets and highways is permissible to the extent it does not conflict with the provisions of the Vehicle Code (Veh. Code §21; see, e.g., Mountains Recreation Conservation Authority v. Kaufman (2011) 198 Cal.App.4th Supp. 1 ( the Vehicle Code applies to the operation of vehicles on streets and highways, local authorities may otherwise adopt regulations not in conflict with the Vehicle Code)); and WHEREAS, the City Council finds that some regulation of the operation of electric bicycles, motorized scooters, electrically motorized boards, eMotos and other electric conveyances is necessary to ensure the comfort and safety of riders and pedestrians on sidewalks and public property.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EASTVALE DOES ORDAIN AS FOLLOWS:
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SECTION 1. The above recitals are true and correct and are incorporated herein by reference.

SECTION 2. ADDITION OF CHAPTER 12.20. Chapter 12.20 (Electric Bicycles and Other Electric Conveyances) is hereby added to read as shown in Exhibit “A.” SECTION 4. Severability. If any chapter, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdictio n, such decision will not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each Chapter, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more Sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

SECTION 4. Effective Date. This ordinance shall take effect thirty (30) days after its passage by the City Council.

SECTION 5. City Clerk Action . The City Clerk is authorized and directed to cause this Ordinance to be published within fifteen (15) days after its passage in a newspaper of general circulation and circulated within the City in accordance with Government Code Chapter 36933(a) or, to cause this Ordinance to be published in the manner required by law using the alternative summary and pasting procedure authorized under Government Code Chapter 39633(c).

PASSED, APPROVED AND ORDAINED this 12th day of August, 2026.

__________________________________________
Jocelyn Yow
Mayor

APPROVED AS TO FORM: ATTEST:

__________________________________________ __________________________________________ Erica L. Vega Marc A. Donohue, MMC
City Attorney City Clerk

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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

I, Marc A. Donohue, City Clerk of the City of Eastvale, California, do hereby certify that the foregoing Ordinance No. 26-08, was introduced at a regular meeting of the City Council of the City of Eastvale held on the 24th day of June, 2026, and was passed by the City Council of the City of Eastvale at a regular meeting held on the 12th day of August, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Marc A. Donohue, MMC
City Clerk

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EXHIBIT “A”
Chapter 12.20 Electric Bicycles and Other Electric Conveyances Sec. 12.20.101 Purpose
This chapter regulates the operation of e-bikes and other electric conveyances on public property within the City consistent with statutory authorizations for local regulation of e-bike and other electric conveyance operation on sidewalks, bikeways, trails and other pedestrian and bicycle facilities in the California Vehicle Code. The provisions of this chapter are not intended to, and shall not be construed to, apply to the operation of e-bikes and other electric conveyances within public streets and highways unless such regulation is authorized by the California Vehicle Code. This chapter does not limit the ability to enforce provisions of the California Vehicle Code regulating the operation of e-bikes and other electric conveyances.

Sec. 12.20.020 Definitions
The following terms have the following meanings. References to Vehicle Code sections include any amendments or successor statutes thereto.
“Bikeway” has the same meaning as Streets and Highways Code Section 890.4, including the categorizations of bikeways as Class I, II, III, or IV contained therein. “Electric conveyance” or “e-conveyance” means any electric bicycle, motorized scooter, motorized skateboard (not including electrically motorized boards), or other electric device that is designed to convey one or more people and is capable of being powered by human propulsion or electric motor propulsion. Electric personal assistive mobility devices, electronically motorized boards, and eMotos are not e-conveyances for the purposes of this chapter.
“Electric bicycle” or “e-bike” has the same meaning as Vehicle Code Section 312.5, including the categorization of electric bicycles as Class 1, 2, or 3 contained therein. "Electric personal assistive mobility device" has the same meaning California Vehicle Code Section 313.
"Electrically motorized board" has the same meaning as Vehicle Code section 313.5. “Minor” means any person under the age of 18.
“Motorized scooter” has the same meaning as Vehicle Code Section 407.5. “Off-highway electric motorcycle,” or “eMoto,” has the same meaning as Vehicle Code Section 436.1.
"Pedestrian" has the same meaning as California Vehicle Code Section 467, which includes a person afoot, using a conveyance propelled by human power other than a bicycle, or using an electric personal assistive mobility device.
“Public property” means any property owned or controlled by the city, or by any other public public agency and open to the public, including without limitation parks, playgrounds, and trails, but excluding public streets or highways and bikeways within public streets and highways.
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“Sidewalk” has the same meaning as Vehicle Code Section 555.

Sec. 12.20.030 Regulations – E-bikes and other e-conveyances The following regulations apply to the operation of e-bikes and all other types of e-conveyances on public property in the City.
(a) No person may ride an e-bike or other e-conveyance in a manner that violates applicable federal, state or local law, or in a manner that constitutes a danger to the operator, passengers, or other individuals, including but not limited to pedestrians, bicyclists, and bystanders, or a danger to real or personal property, including but not limited to motor vehicles. Examples of an unsafe manner include, but are not limited to:

1. Carrying passengers on e-conveyances that were not designed for carrying passengers.

2. Failing to yield to pedestrians, bicyclists, equestrians, or others utilizing a sidewalk, bikeway, trail, path or lane, when entering onto the sidewalk, bikeway, trail, path or lane.

3. Passing or overtaking pedestrians, bicyclists, or others utilizing sidewalks or other public property without providing a reasonable and prudent lateral distance, at an unsafe speed, or in any other way that endangers or interferes with the safe movement of the person being overtaken.

4. Riding on a sidewalk, bikeway, trail, or other public property that is adjacent to a roadway against the flow of traffic.

5. Riding on a sidewalk or trail when pedestrians are present at a rate of speed more than 5 miles per hour.

6. Minors riding without a property fitted and fastened helmet.

7. Engaging in racing or speed contests.

8. Performing acrobatics, tricks, wheelies, or stunts when pedestrians, bicyclists or moving vehicles are present.

9. Carrying any package, bundle, item, or article which impedes the operator from having full control of the e-conveyance or impairs the operator’s forward visibility.

10. Holding or operating a mobile telephone or other mobile electronic communications device unless the device has been configured for hands-free operation and is being used in such manner.
(b) Notwithstanding anything in paragraph (a), and consistent with Vehicle Code Sections 21235(g) and 21968, motorized scooters and motorized skateboards shall not be operated on sidewalks. Notwithstanding anything in paragraph (a), e-bikes shall not be operated on sidewalks if there is a bikeway adjacent to the sidewalk. (c) Persons riding or operating electric bicycles shall not ride more than two abreast, except on bikeways or other areas designated for the exclusive use of bicycles. 358

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(c) No person shall operate an e-bike or other e-conveyance in any city park, except on paved or decomposed granite paths or trails. The operation of e-bikes and other e-conveyances is strictly prohibited on dirt, grass, landscaped areas, and playgrounds. (d) The operation of e-bikes and other e-conveyances within city parking lots and garages is permitted solely for the purpose of traveling to and from city facilities and parking e-bikes and other e-conveyances in designated parking areas.

Sec. 12.20.040 Prohibition – Electric off-highway motorcycles No person shall operate an electric off-highway motorcycle of any model upon or through any public property within the City, unless such property has been specifically designated and posted for off-highway vehicle recreation.

Sec. 12.20.050 Exemptions – First responders; electric personal assistive mobility devices. (a) First responders, as defined under California Government Code section 8562, are exempt from this chapter while in the performance of their duties. (b) This chapter is not intended to apply to or otherwise restrict electric personal assistive mobility devices used in a safe manner by physically disabled persons as defined under the Americans with Disabilities Act (42 U.S.C. section 12101 et seq.) and section 36.311 of Title 28 of the Code of Federal Regulations.

Sec. 12.20.060 Enforcement; Penalties
(a) Violations Infraction or Misdemeanor. Any person, including a minor, violating any provision of this chapter may be punished in accordance with Section 1.01.200 of this Code, unless charged as a misdemeanor in accordance with Section 1.01.220. (b) Other Agency Regulations. Violations of this chapter occurring on public property owned or operated by a public agency other than the city shall be enforced only to the extent that this chapter does not conflict with an ordinance, policy, or regulation adopted by the other public agency regulating e-bike, eMoto, or other e-conveyance operations on their property. (c) Violations by Minors.

1. The parent of any child, and the guardian of any ward, shall not authorize or knowingly permit any minor child or ward to violate any of the provisions of this chapter.

2. In the case of a minor committing a violation under this chapter, the parent or guardian may be held responsible for the violation and any associated penalties or fine

3. If the minor's activities result in damage to public property, the city may, pursuant to California Civil Code section 1714.1, pursue a civil complaint against the minor's parent(s) or guardian(s) having custody and control of the minor for every tort resulting in property damage.
(d) Impoundment.

1. In addition to all other available penalties, the enforcement officer shall have the authority to take immediate possession of and transport an e-bike, e-conveyance, or eMoto for safekeeping to the nearest city facility if an unaccompanied minor is found in 359

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violation of any provisions of this chapter, and the unsafe manner in which the device was operated constitutes an immediate danger to the health and safety of the juvenile operator or to members of the public, thus constituting an exigent circumstance.

2. The impounded device shall be released by the city to the parent or legal guardian of the minor if the individual owns the device.

3. Upon impoundment of any device under this chapter, the minor shall be issued a receipt. Said receipt shall state the days, business hours, location, and process by which the owner may claim the impounded device within 30 days. The citation receipt shall also explain that unclaimed devices impounded for longer than 30 days will be disposed subject to an opportunity for a pre-disposal hearing or sold at an auction in accordance with laws governing the disposal of abandoned property. (e) The City may, in addition to the above, avail itself of any remedy at law or equity to enforce the provisions of this chapter.
360

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.14
August 12, 2026
Construc'on Contract Award to Onyx Company Inc. for 2026 Annual Asphalt Concrete Overlay Project
Prepared By:

Jimmy Chung, Public Works Director/ City Engineer
Recommended Action(s)
Staff recommends that the City Council:

1 .

Approve the construc$on contract with Onyx Paving Company, Inc., the lowest responsive and responsible bidder, in accordance with the unit bid prices in the not-to-exceed amount of $1,117,000 for the 2026 Annual Asphalt Concrete Overlay Project; 2 .

Authorize the City Manager to execute all necessary documents including No$ce of Completion; and
3 .

Authorize City Staff to file a No$ce of Exemp$on from the California Environmental Quality Act.

Summary
The 2026 Annual Asphalt Concrete Overlay Project is for the construc$on of street improvements on various arterial street segments as well as residen$al streets throughout the City of Eastvale (see A:achment 1 for a loca$on map). The project scope includes deep dig outs, grinding exis$ng pavement, placement of 2" of rubberized asphalt concrete, curb ramp improvements to meet accessibility requirements, u$lity cover adjustments, and replacement and enhancement of traffic striping. Project loca$ons were strategically and objec$vely selected as part of the City's Pavement Management System to have most economical impact per dollar spent.

The Project Plans, Specifica$ons, and Cost Es$mate (PS&E) were prepared in-house by the City’s 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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Engineering team. The No$ce Invi$ng Bids (NIB) were adver$sed on the City’s website and through the City of Eastvale Vendor Portal via PlanetBids on July 6, 2026. In accordance with the Public Contract Code, the NIB was also published in the local newspaper on July 9, 2026 and July 15, 2026 (A:achment 3). Bids were due on July 23, 2026, and eight (8) responsive bids were received.

Following review of the submi:ed bids, City staff determined that Onyx Paving Company, Inc. submi:ed the lowest responsive and responsible base bid in the amount of $1,117,000. Onyx holds a valid Class A Contractor's License in the State of California with no enforcement ac$ons and successfully completed the City's 2025 Annual Overlay Project within budget. Staff therefore recommends award of the construc$on contract to Onyx Paving Company, Inc. The Construc$on Contract is included as Attachment 2.

Construc$on is an$cipated to begin in early September.

The contract allows 30 working days to
complete the project. Staff will work closely with the Contractor to minimize disrup$ons to daily ac$vi$es. Proper traffic control measures will be implemented, and any traffic signal disrup$ons will be kept to a minimum and strictly managed. The City's intent is to complete construc$on prior to the Holiday Construction Moratorium period identified in the bid documents.

Background
Bid Summary
On July 6, 2026, the City issued Invita$on for Bids (IFB) No. 26-113CIP on the City's website and online bidding system, PlanetBids. The opportunity to bid was also adver$sed in a local newspaper on May 17th and May 24th. A totla of eight bids were received by the deadline to submit bids on July 23, 2026 and all bids were responsive. The following is a summary of vendor par$cipa$on and bid results:

433 Vendors notified
53 Vendors downloaded the bid packet
8 Bids received

NAME OF BIDDER

BASE BID AMOUNT
Onyx Paving Company, Inc.
$
1,117,000.00
LCR Earthwork & Engineering, Corp
$1,561,346.00
Hardy and Harper, Inc.
$1,194,000.00
Romero General Construction Corp
$1,321,321.00
All American Asphalt
$1,154,422.00
Calmex Engineering, Inc.
$1,172,217.44
Vance Corporation
$1,350,960.38
R.J. NOBLE COMPANY
$1,245,470.75

A total of eight (8) responsive bids were received, with base bids ranging from $1,117,000 to $1,561,346. In accordance with the project specifica$ons, award shall be made to the lowest 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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responsible bidder submiOng the lowest responsive base bid. APer reviewing the bids, staff determined that Onyx Paving Company, Inc. submi:ed the lowest responsive and responsible bid with a total base bid amount of $1,117,000. Onyx Paving Company, Inc. holds the required Class A Contractor's License and is qualified to perform the work.

Onyx Paving Company is a Southern California based commercial contractor and has been in business for over 36 years. The company delivered successful projects to other agencies including the Ci$es of Dana Point, Arcadia, and Temple City. Therefore, staff recommends award of a contract to Onyx Paving, Inc., the lowest responsible bidder.

Schedule
The contract allows for a total of 30 working days to complete the required work. The project is an$cipated to start in early September and be completed in mid October. The staff will work with
the Communica$ons Division to send out construc$on no$ces for the closures associated with the construc$on. The contractor will be required to install Portable Changeable Message Signs (PCMS) on streets sta$ng expected delays with dates and $mes at least five working days prior to the start of the work. The contractor will also no$fy all residents and businesses on each street affected by the work in advance as required by the project specifications.

Environmental
In accordance with the California Environmental Quality Act, the proposed project is exempt from future review under the categorical exemp$on for exis$ng facili$es (CEQA Guideline 15301). A Notice of Exemption (NOE) is included in Attachment 3 and will be filed after City Council approval.

Strategic Plan Action - Priority Level: 2
| Target #: E
| Goal #: F
Create a walkable community.

Fiscal Impact
The total fiscal impact for the 2026 Annual Asphalt Concrete Overlay Project construc$on work is $1,117,000. A total of $3,250,000 was previously appropriated in the Fiscal Year 2026–27 budget from the Road Maintenance and Rehabilita$on Fund and Measure A Fund. Therefore, no addi$onal appropriations are necessary at this time to fully fund the project.

Funding Source
Adopted Budget
Account
Road Maintenance
Rehabilitation Account (RMRA)
$1,500,000
205-510-6660-93018
Measure A
$1,750,000
210-510-6660-93018
Total Available Budget
$3,250,000

As this is a maintenance project, no future operational costs are anticipated.

Prior City Council/Commission Action
On June 10, 2026, the City Council adopted a resolu$on adop$ng a list of projects for fiscal year 2026/27 to be funded by Road Repair and Accountability Act of 2017 SB 1. 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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Attachment(s)
Attachment 1 - Project Map
Attachment 2.1 - Onyx Agreement (Construction Contract)

Attachment 2.2 - Exhibit B to the Construction Contract

Attachment 3 - NOE
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S a n B e r n a r d i n o C o u n t y
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Eastvale
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City
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S a n t a A n a R i v er
E a s t v a l e C i t y L i m i t
E a s t v a l e C i t y L i m i t

BARON DR
2ND ST

RIVER RD
68TH ST

BELLEGRAVE AVE
6TH ST

LIMONITE AVE LIMONITE AVE
2ND ST
5TH ST

CITRUS ST

CHANDLER ST

SCHLEISMAN RD
SUM
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AVE

HARRISON
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65TH ST 65TH ST

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RIVERBLUFFSLN

HARRISON AVE

BELLEGRAVE AVE
65TH ST

OAKDALE ST
68TH ST

AMBERHILL AVE

NATOMAST

BECKETTFIELD
LN

HEALYLAKE ST

HAVENSIDE CT

LYRA RD

MISSISSIPPI DR

BELLATRIX DR
58TH ST

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CENTAURUS DR

LONETREE CT

DANCY ST

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EARLY CRIMSON ST

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WHITE HORSE CT

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ROLLING MEADOW ST

GANNET ST

GROUSE ST

KASSELL RD

CAVALRY CIR
W

HIMBREL DR
MORAB
ST
GOLD
DUST
ST

PIONEER CT

OSPREY ST

HIDDEN RIVER

ALMOND GROVE CT

BLUE RIVER CT
CO
BBLE
LN

LAKEV I EW
CIR

POST ST

GREENWARD CT

ONYX CT

BAYRIDGE ST

MAYCRESTAVE

PRAIRIE
MEADOW
RD

DELLBROOK ST
SWAN

LAKEMOBILE HOME PARK
RAPIDS
DR

STAR RUBY AVE

KING ARTHUR
DR

BAY CIR

BITTERCRESS WAY

GRAND RIVER CIR

GATHERING PL

CALF ST

SHADY TREE ST

FESTIVE DR

LAUREL DR

OAK LEAF DR

BOXWOOD
DR

TRAIL RIDERS W
AY

MERIDIAN CT

GALE LN

HEATHGROVE DR

CALINA LN

JADE CT

KENSINGTON CT

LANDERWOODDR
OAK

CREST CIR

ESTONIAN
DR

WOODCREST CT

GOLD SPIRIT ST
M

ARIGOLD ST

PEACHBLOSSOM ST

DIAMOND
BACK
RD

MERRY MEADOWSDR
HOLLIS
ST

CEDAR CREEK RD

EXCALIBUR
DR

LOGSDON DR
W
AKE

FORESTDR

ORANGEVALE AVE

IVY GLEN DR

LONGBRANCH ST

VALENCIA
ST

TARAH ST

STONEBROOK CT

BLUE ROCK CT

SOARING
BIRD
CT

HUNTERVALE DR

JUBILEE PL

LARGODR

NILE WAY
GOLDY
ST
HARM
ONY
DR

CEDAR CREEK RD

WALNUTGROVEAVE

RISINGSTAR DR

MUSTANG WAY

ORANGE ST

WEEPING WILLOW CT

TISDALEST
BADM
INTO
N
ST

WHITELILY ST

GOLDEN BIT ST

FIELDSTREAM
CT

FOUNTAINBROOK
LN

GOLDEN DR

ODYSSEY WAY

ALVARADO LN

GLAZIER LN

EDGEWOOD DR
NO

RTHVIEW
ST

PRAIRIE ROSE LN

LITTLE RIVER RD

OUTBACK WAY

BALTIMORE ST

ASPEN LEAF LN

FOXTROT WAY
SUM

NER AVE

CROSSFIRE CT

SUNNY SPRING
S ST

ROBINBROOK CT
BLUFF
VIEW
LN
MEADOW
S
W
AY
FARM
ALL W
AY

NORTHFORK DR

SHOREHAM
ST

SHADYSIDE
W
AY

DELICIOUS W
AY

THORNBURY LN

BYXBEE CT

AGATE CT
GR

AND PRAIRIE TRL
RO
SEW
O
O
D CIR
RETAM
A ST

QUAIL RUN RD
W

ATERLINE
RD

QUARTER HORSE DR

RIO BRAVO AV
E

STARFLOWER ST
AM
BER
DR

PHEASANT KNOLL RD

WALTERS ST
INDIAN
CANYON
CIR
CEDANO
LN

FULLERRANCH
RD

PRAIRIE SMOKE RD

LUNA ST

ORCHID DR

COLEMAN CT

OLMSTEAD ST

COTTAGE
GROVE
DR

KALY CT

SIENNA PL

ITHICA DR

GULFSTREAM CT

FALLSGROVE DR

EDINBURGH RD

CAXTON ST

ANJOU ST

ALTFILLISCHCT
GRANJA
VISTA
DEL
RIO

DORSETT GOLDEN ST
COYOTE
TRAIL
LN

SUMTER ST

NIGHTINGALE CT

STILLBRO
OK
W
AY

MALLORY CT
IRON

HORSELN
M

ADDOX CT
W

OLFHOUND ST

PINTAIL LOOP

MORNING
HILLS
DR
TIG
ARD
LN

CAYUGA W
AY
CORONA

VALLEYAVE

HEISLER ST

STERN CT

SANDHILL CRANE RD

GOOSE ST

FALL CREEK DR

EVERGLADES ST

L A PRADERA WAY
HILL

GROVEST

PORT ARTHUR DR

FOXPOINT
CT
BENGAL
WAY

BLOSSOM WAY
M

ULAN ST

CONCERTO DR

NARCISSE
DR

PRIMROSE RD

BLUE RIBBON LN

SETTLERS

RIDGECT

REDWOOD VALLEY RD

HONEY B
RO
O
K
CT

STRATUS CT

CHANNEL CT

VILLAGE DR

COLDBROOK CIR
HAM

NER AVE

SIMAS CT

MEADOWVALE ST

BLUEBELL
ST

TERP CT

BLUE CRAB CT

JERSEY ST

LANCELO
T
DR
NO

RTHLANDS RD

FLAGSTAFF DR

LEIGHTON
DR

ALDERGATEDR
GYPSUM
CREEK
DR
HO

LLYHEATH CT
W
HITEW
ELL RD

FIELDMASTER ST

FAIRLANE AVE
GR
O

UND IVY CT

HIDDEN WATER RD

TABLE BLUFF CIR

BALLAD DR
PEACH
AVE
W
HITE

CLOVER WAY

CANTERW
O
O
D CT

CEDAR GROVE CT

ROUNDWOOD DR

RETRIEVER ST

SELBY AVE
VALLEY
CREEK
ST

ORTEGA CT
CLEM
SON
DR
DOVE
VALLEY
W
AY

ANNA CT
W

ILD LUPINE RD

RUNYON DR

HARVEST VALLEY AVE

CABRILLO
WAY

SYMPHONY DR

ANZA VISTA CT
ASHW
ELL CT

LEILANI CT

FAIRCHILD DR

ANNANDALEPL

BRIDGEWATER DR LIVEOAKDR

HEISLER ST
RONDO
DR

DEL REY CT

SWAN LAKE AVE

BEECHWOOD CT

EVERGREEN DR

SERENADEDR
RAE CT
HOOPER
BAY
RD

LINDSEY CT

CANDRA DR

ALDERWOOD AVE

ROSELAICT

VILLA RO
SA CT
COBBLE
CREEK
DR

PLAYFAIRW
AY

GOLD CREEK DR

BECKER DR
SW
IFTW
ATER
CT
HOP
CLOVER
RD

GOLDEN NECTAR CT

FOXHOLLOW CIR

PIMLICO
PL

SOLEIL DR

KENTON PL

ENCLAVEDR

HAWTHORNE AVE

PATTISONST
ELM
GROVE
AVE
W

ILDFLOWER
CT
MULAN
ST

CHLOECT

WIND CHIME PL
ELIAS
ST

MONET DR

EASTVALEPKW
Y

THERESA ST

CATTLEMAN
DR

THOROUGHBRED CT

OPERA CT

LOURENCO LN
EMM
ERDALE
ST

CAROLINAS
LN

BRAMBLE ST

GREENRIVER DRM

OONFLOW
ER
DR
M
C
KENZIE
CT

ACEY ST
LEANNE
ST

PIAZZA CT

KIWI AVE

LINNEA ST
ANGUS
ST

TREASURE
DR
OLD
PEAK
LN
ROSEW
OOD W
AY

HIDDEN VALLEY ST

PEACH GROVE LN

CORTLAND ST

WOODLANDS ST

COOL SPRINGS ST

LILYROSE STBEAVER CREEK DR

FESTIVAL
W
AY

OLITE DR

HAZELNUT DR

GLORY DR
BAY ST

BURBANK RD
ALPINE
ST

COFFEEBERRY DR

STAFFORD ST

CRIPPLE CREEK
DR

SNOWDROP ST

NUT GROVE AVE

KOURTNEY CT

NICOLE CT

PRAIRIE ISLAND CIR PARKWOOD AVE
STONE
BROOK
DR

RIO LOBO CIR

LONSDALE
CT

STONEGATE DR
M

AGGIE LN

FOOTHILL DR

JACK LN

DANDELION ST

FUJI ST

ANGELINE
FALLS
W
AY
W
HITE M

ESA CIR
W

ESTERLY W
AY

SPINDLEW
OOD DR

LAURELWOODAVE

MANDEVILLE CT

ROCKROSE CT CANYON CREST
W

OODPIGEON
RD

SUNGOLD AVE
PINEW
OOD CT

DEER CANYON

LIMESTONE LN
RED
G
OLD
ST

DESI LN
VALLEY
M
EADO
W
AVE

LONGHORNEDR
JASPER
DR
W

HISPERW
IND DR
PEAR
AVE

PROSPECTOR CT

MURWOOD

COOL MEADOW DR

BLACK HORSE ST

MEADOWBROOK LN

CLORIS ST

BRIAR ST

NORWEGIAN ST

HUNGARIAN ST

SUNNY BROOK LN

MUSTANG ST

PADDLEW

HEEL DR

ELDERBERRY
AVE

LEMON VALLEY
AVE

SILVERW
OOD DR

CAMPOLINA DR

CARNATION ST

BRIGHT WATER CIR

TURF PARADISE ST
W

ILD ROSE DR

EAGLE RIVER RD
O
SAG
E
RIVER
CT

LUCITE DR
RIVER
DO
W
NS DR
GOLDEN
CLUB
DR

ANNIKA W
AY

MAISEY CT
HARROW
ST
PARK
CIR

EXCELSIOR
DR

RIVER BANK LN

THISTLEDOW
N ST

LYONNAIS ST
M
APLE
GLEN
DR

ROLLING STREAM PL

PAINTED CANYONDR
JAM
ESTOW
N AVE

ASTERLEAF LN

WIND RIVER RD

PINENUT PATH

BITTERSWEET LN

PROMONTORY LN

SILAS PHELPS DR

ARCADIA
ST

CATALINA ST
KING

SLEY CT

BASHKIR ST

LANDINGCT
CLEM

ENTINE DR

AGOURA ST
GAM
EBIRD
ST

EASTERNSHORE DR

RICK LN

AVENLY GLEN WAY
PEBBLE
CREEK
DR

CYPRESS DR

SUGARLOAF DR

ROARING CREEK CIR

BLACKBIRD LN

SERENITY
FALLS
RD

GOLDENROD DR

REDHAVEN
ST
M
EEKER
DR

ALDER DR

GARDENIACT

FALCON RIDGE RD

WISEMANDR

LOST HORSE RD

CAIRO CT

RAINIER AVE
W

INCHESTER CIR

WOODSIDE ST

JIMSONCT

EMMERGLEN WAY

WALTERS ST

CARROLLTON PL
CANOPY
LN

VERNAZZA
PL

NECTARINE AVE

BRIDAL TRAIL CIR

SONGSPARROW RD
W

OODRUSH W
AY

BRIDGE ST

BODINEWAY

SCHOLAR W
AY

HOLLOWBROOK WAY

TIBURON
DR
TOM
SAW
YER W
AY

SHORTHORN DR

SCOUT RANCH RD
TANG
ER LN
M
AX W
AY

RIVERRUN
CT

EMPIRE CT
PETER
W
ILKS
CT

HUDSON RIVER DR

BODEGA CT
YUM

A TERRACE CT

COLEBROOK DR

DALEBROOK DR

WHISPERING HILLS DR
DELAW

ARE RIVER DR
LARSEN
BAY
ST

VIENNA DR

DEER CREEK DR

BURBANK RD

SANSOME CT

TRACEY WAY

ALTAIR CT

PRESIDIO
RD
SEQ
UIN CT

BOULDER
CREEK
DR

NORDLAND DR

APPLE GROVE CT

FEATHER DR

BABBLING BROOK WAY

STOCKTONDR

RIVER RD

HIGHLAND
DR
HELLM
AN AVE

VERONA PL

CLEVELAN

D BAY CT

CACTUS FLOWER ST

RIO GRANDE DR

RIVERGLEN
CT

JASPER LOOP

VIVA DR

IBIS DR
STAM

PEDE ST
W

OODGLEN LN
FOW
LER LN

LAVONDA ST

TOPEKA CT

MCINTOSH CT

KAYAK ST
M

ACKINAW
CT

CAMPFIRE PL

EASTER BAY DR

KERN RIVER DR

DEARBORN ST

PRELUDE ST
REDOAK
DR
TOURM
ALINE
DR
CITRUS

VALLEYAVE

SLEEPY CREEK DR

SERENITY
ST
LOW
ER
CREEK
ST
FERN
CT

FOREST WIN D ST

ARCTICFOXAVE

HOLLAND CT
PINEG
ROVE
PL
TARPAN
CT
W

OOD CANYON CT

ASHFORD M
ILL CT

CREEKSANDCT

SAN REMODR

RIVERBOAT DR

BETHANY CT

WANDERING RILL CT

GRAY HAW K CT

SYDNEY CT

COYOTE VALLEY ST

PERKINS CT

CANTERCOVECT

NORIC CIR

ELLA DR

GREENBELT RD

CASABLANCA CT
M
ARK TW
AIN CT

JANTINA CT

POPPY VIEW CT
PARK
CIR
ROSINE
DR

BRANT CT
A ST

KRISTI LYNN CT

FAIRLANECIR
EG

YPTIAN CT
ROSE M

ARIE LN
LIM
ONIUM
LN

SPRINGCREST
ST

ARCHIBALD AVE

SPRINGWATER LN

BELYNN CT

BLUEFIELD CT

SMITH RIVER RD

MAYBERRY CIR

CORNFLOW
ER CT

CITRUS ST

ASPEN GROVE RD

RUNNING DEER CI R

CURRENT DR
PLUM
AVE

SPRUCE GROVE CT

EAGLEBLUFF LN
JAKE W
AY

BLUE ASH CT
CHERRY
CREEK
CIR

HEATHER LEE ST

JANELLE CIR

BLACKHAWK RD
HAZEL
ST

CRESCENDO
CT
FALL W
AY

LARKSPUR
AVE

RIVERGLEN DR

PRAIRIECREEK PL

REPOSACT

ALEXANDRIA AVE

FLEUVE CIR

SHINKLE DR

VANDEWATER
ST

STRATUS ST
DELAW
ARE
PARK
CT

SORRELLN

GINGER DR

PINE GROVE LN
W

HITE OW
L CT

RIVERBOAT DR

LAKESHOREST

MILANA DR

RICO CT

GINKO CT
AGUA

CLARACIR

FREESIA CT

BRASS RING LN
E
LK

GROVE DR
KAW
EAH CT
ANG

ELS CAM
P CT

PERRY ANN CIR

DOLLY CT

LAUREL CT

SHALLOW BROOK CT

COLDWATER CT

CHARIOT RD

SADDLE CIR

EAST CREEK CT

HENRY ST

EMERALD CANYONCT

PARK CITY DR
BRO

OKSHIRECT

TWIN CREEK CT
LAS
BRISAS
CT

SILVER SADDLE CT

BRUSH CREEK CT
G
ING
ERW
OOD CT
M
OO
NFLO
W
ER
CT

HEATHERWOOD DR

RIVER DOWNS ST
RUBY
GIANT
CT

SOFTWOOD CT

MOSSWOOD CT

TALASI DR

CRIO LLA CIR

BERTS WAY

CANTATA DR

ALDER BROOK LN
S
AGE
W
REN
CT
CASA
DE
M
ARIA
CT

MILTON ST

STILLBROOK W
AY

BARNETT LN

PAUL ST

ROCK ROSE CT

OLDGROVE CIR
LOST
RIVER
RD
M

IDNIGHT
ROSE
CIR

WAGON CREEK WAY

SUNRISECIR
W

HIPPET ST

BLACK FOREST DR

TENNESSEE
RIVER
CT
FISKE
DR

ELYSIAN
CT

AQUILA WAY

QUARRYCREEKCT

ALPACACT

RUBY CANYON DR

RIVERBOAT DR

MERIDIAN ST
M
USK

MALLOWCT
ARM
OUR
CIR
M
ORNING
M
IST
DR
RO
YAL
DIAM
OND
CT
W

ESTCLIFF
W
AY

CHAMPION WAY

CRAIGBURN CIR

ALEXANDRIA AVE
SPICEW
O
O
D CIR

JAMBOREE DR
ELYSSE
ST

ROWEN CT

FLORENCE ST

REBECCA RYAN CT
JAM
ES
RIVER
DR

HUNTERS RUN CT

BALDEAGLEDR
RAFT
CIR
IVY
SPRING
S
CT

SKOKORAT CT

TERRITORY
LN

THISTLE
ST

MARBLEWAY
ERICA
CT

GRAPEWINST

SCHLEISMAN RD

FARMBOROUGHCT
SW
ISS CT

AUTUMNCREEKCT

TRINITY DR

WATERVILLECT

RIVER RD

DEW DROP CT

SNAPDRAGON ST

CHANDLER ST

PERSIMMON CT
BARW
ICK
CT
M

ADERA CT

PLUMMER CREEK
CT

CANOE DR

HOLLYWOOD AVE

SILENT STREAM CT
ROSS
ST

FABIOLA LN

COLUMBIA LN

SALINE DR

COMFORT COVE LN

RIVERTRAILS DR

BISONCT

ESTANCIALN

ORCHARD DR

RASPBERRY CT
W

ATERLILY CT
SW

EET CLO
VER CT
W

INTERBERRY W
AY

COLONIAL
DOW
NS
ST

ROCKCANYON CT

OOSTEN FARMS RD

DEERPATH CIR

POINTER LOOP

OAKHURST
ST

DAIRY ST
SW

AN CREEK DR

KAMELIA ST

BREEZE LN

ANDARAVIDA
RD
W

INDFLOWERCT
COLLEG

E PARK DR
DAPHNE
ST

BURRINGTON ST
DEL
MARCIR

CLEVELAND AVE
HOM

ECOMING DR

CLEAR CANYON
CT
FOURW
INDS
CT

LEGATO CT

TURTLE M

OUNTAIN CIR

EAGLE NEST CT

EVERT DR
G

ERTRUDIS CT
M

ASSYHARRI S WAY
HEAR

T HSTO N
E
CIR

GLOVER CT

STAR GAZER CT

HAIDER CT

KNOWLWOOD CT

IRIS CT
POM

EGRANATE CT

LAVENDER ST

LOWELL ST

CASTLE RD
W

ILD LILAC CT

GOLDCRES T LN

ROCK CREEK CT

GREY HERON CT

LOKAI CT

HALL AVE
RIVER
RD

BRISTOL BAY CIR

SAGEMONT CT
M
O
ON FLO
W
ER DR
BLUE M
IST CT

DRAKE DR

MEADOWSWEETDR
RED

CARDINALCT
BULL

THISTLE
CT

TIGER HORSE CIR

FRANKLIN LN

EL DORADO DR
BRAM
A ST

BARON DR

GRAYLING DR
TW
INSPUR
CT
KISOCT

DAFFODIL CT

LILAC CT

BRYSON AVE

LOTUS ST
LEM
ON G

RASS AVE

WARM CREEK CT
CARICT

ROSEBAY
CT

STARFLOWER CT
POTTER
VALLEY
DR

VERNAL SPRING CT

SHADY KNOLL DR

RYAN LN

JEANNIE ANN CIR

FERN CRE EK
CT

DEEPWATER BEND RD

BRIANHEAD
DR

PANTANERIO
DR

APPLEMOSS CT

POTTER CREEK DR

SILVERW
EED
W
AY

SADDLETREE
CT
LOST
FORT
PL

SCHOLAR W
AY

SCHLEISMAN RD

HUNTER RD

SAN ALISO CT
LA
M
ESA
ST
GRE E
N
GRASS
CT

CELEBRATION DR

HAVENHURST ST
BRANCH
CT

SEASIDE
ST

LOS ROBLES CT
SAND
DUNES
ST

ARMADILLO
DR

ANNEBURY DR
BRIGHT
GEM
CT

BLAZING STAR DR

DAYBREAK DR

PERIDOTCT

TAYLOR W
AY
M
EURICE
CIR
EM
ERALD
DOW
NSST

JARDENE ST

CORALWOODCT

DUSTYTRAIL RD

LYNDSEY ST

EDGEWOODDR

PHEASANT WAY
OHIO

RIVER DR

WOODLAND DR

BEACONSFIELD LN

ENGLISH SETTER ST

BORGES ST

SILVEIRA ST

ICELANDIC
ST

EL PRADO AVE

KAISHA ST
LAKE

SPRINGS
ST
W
HITEW

ATER ST

BUCKHART ST

LAUREL ST
W

HITHERS
W
AY
COSM
OS ST
BURROW
S
W
AY
M
EADOW
RIDGE
M
ISTY M
EADOW
RD
PASO
FINO
ST

TIGER LILY CT

BROOKTREE ST
ST A
NDING
ROCK
RD

SHEFFIELD
ST

AMBERVIEW PL

AMBERSKYWAY
DOCK
DR

SUMMIT DR
W

INDROSEAVE

NORTH SHORE DR

LIMONITE AVE
I 15
I 15

KENDRA LN

BRAYTON AVE

PROVIDENCE WAY
I15
I 15

MONTEREY
CIR

VILLAGE
DR
Mill Creek
Cucam
onga Creek

DAIRYLAND
PARK
MCCUNE
FAMILY
PARK
RIVER
TRAILS
PARK
HARADA

HERITAGE
PARK

ORCHARD
PARK

VERNOLA PARK
JAMES

C HUBER
PARK
RIVER

WALK PARK

HARMONY PARK

LIMONITE

MEADOWS
PARK
CEDAR

CREEK PARK
PACER
PARK

SILVERLAKES
PARK

CAMBRIA PARK
CLARK
PARK

SUNDANCE PARK

FAIRVIEW PARK

MOUNTAIN

VIEW PARK

MOON RIVER
PARK

PROVIDENCE

RANCH PARK
KIPS
KORNER
PARK
TED
BROOKS
PARK

DELAWARE

GREENBELT PARK

HALF MOON
PARK

DEER CREEK
PARK
NEIL
SNIPES
PARK

MAKIN/SHEARER

SPORTS COMPLEX

STAGECOACH

PARK FUTURE

AMERICAN

HEROES PARK

COMMUNITY

CENTER PARK
LAKE

NORCONIAN

SWAN LAKE

CITY OF EASTVALE
S a n B e r n a r d i n o C o u n t y
E a s t v a l e C i t y L i m i t s
HAM

NER AVERIVERSIDE DR

BELLEGRAVE AVE

CANTU-GALLEANO RANCH RD

MISSION BLVD
I 15
HAM

NER AVE
M

ILLIKEN AVE
HW
Y 60

MISSION BLVD
GOO
DM
AN W
AY

RIVERSIDE DR

BELLEGRAVE AVE

SHARP ST

MICRO DR

HARVEST DR

SAMANTHA DR

CAMBRIA DR

DAYBREAK DR

GATHERING PL

PHILADELPHIA AVE

HARMONY DR

HOMECOMING
CIR

GREYSTONE DR
HWY 60
I 15

MISSION BLVD

PHILADELPHIA AVE
HWY 60
HWY 60
Eastvale MDP Ln E2 Stg 2 BsnEastvale MDP Ln E2 Stg 2 Bsn §¨¦15
ÄÅ60
ÄÅ60
Path: G:\DATA\EASTVALE\ROADWAY_MAINTENANCE\SS_Differences\0221\Street_Network_SS.mxd 5 0 2000 40001000
Feet
0 0.25 0.5
Miles
365
AGREEMENT FOR 2026 ANNUAL ASPHALT CONCRETE

OVERLAY PROJECT

BETWEEN

THE CITY OF EASTVALE
AND
ONYX PAVING COMPANY, INC.

This Agreement for Construction Services (“Agreement”), is made and entered into this ___ day of ________, 20 ___, by and between the City of Eastvale, a California general municipal corporation organized under the laws of the State of California with its principal place of business at 12363 Limonite Ave., Suite 910, Eastvale, California (“City”) and Onyx Paving Company, Inc., a California Corporation (“Contractor”).

SECTION 1. RECITALS
A. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

B. Contractor is a profession al contractor, experienced in providing pavement rehabilitation and overlay services and is familiar with the plans of the City.

C. City desires to engage Contractor to construct public improvements associated with the 2026 Annual Asphalt Concrete Overlay Project #93018 as set forth herein and in Invitation for Bids No. 26-113CIP.

D. Contractor has obtained, and delivers concurrently herewith, PERFORMANCE

BOND, PAYMENT BOND, INSURANCE DOCUMENTS AND OTHER
CERTIFICATIONS as required by the Contract.

SECTION 2. INCORPORATION OF DOCUMENTS

This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto: Bid Documents (No. 26-113CIP) and project plans for the 2026 Annual Asphalt Concrete Overlay Project.

SECTION 3. SCOPE OF WORK
A. Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the Owner all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately complete the 2026 Annual Asphalt Concrete Overlay Project, including all structures and facilities necessary for the Project or described in the Contract (hereinafter the "Work" or "Project"), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performe d in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in the Exhibits 366
2 attached hereto and incorporated herein by t his reference. Special conditions, if any, relating to the Work are described in the Exhibits attached hereto and incorporated herein by this reference.

B. Change in Scope of Work Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in advance and in writing by a valid change order executed by the City.

SECTION 4. PERIOD OF PERFORMANCE AND LIQUIDATED DAMAGES Contractor shall perform and complete all Work under this Contract within 40 working days, beginning the effective date of the Notice to Proceed ("Contract Time"). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Since it is impractical and infeasible to determine the amount of actual damage, it is agreed that the Contractor shall pay to the City as fixed and liquidated damages, and not as a penalty, the sum of One Thousand Five Hundred Dollars ($1,500) per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.

SECTION 5. STANDARD OF PERFORMANCE
Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them.

Finally, Contractor represents that it, its employees and its subcontractors have all licenses, permits, qualifications and approvals o f whatever nature that are legally required to perform the Work, and that such licenses and approvals shall be maintained throughout the term of this Contract. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed on the Work.

SECTION 6. CONTROL AND PAYMENT OF SUBORDINATES; CONTRACTUAL

RELATIONSHIP
City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance.

SECTION 7. CITY’S BASIC OBLIGATION
City agrees to engage and does hereby engage Contractor as an independent contractor to furnish 367
3 all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the Ci ty shall pay to Contractor, as full consideration for the satisfactory performance by the Contractor of the services and obligations required by this Contract, the above referenced compensation in accordance with compensation provisions set forth in the Contract.

SECTION 8. COMPENSATION AND PAYMENT
A. Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Contract Price of ONE MILLION ONE HUNDRED SEVENTEEN THOUSAND DOLLARS AND ZERO CENTS ($1,117,000.00) ("Total Contract Price"). . Any additional expenditures must be approved by the City Manager in writing before they be incurred in accordance with Section 40 of this Contract.

B. Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Cont ractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantit ies, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.

City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. No progress payments will be made for Work not completed in accordance with this Contract.

SECTION 9. CONTRACT RETENTIONS
From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retainage shall be released and paid to the Contractor and subcontractors pursuant to California Public Contract Code Section 7107.

SECTION 10. OTHER RETENTIONS
In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums e xpended by the City in performing any of Contractor's obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the scheduled completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract; (8) failure of the Contractor to maintain or submit on a timely basis, proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by the Contractor of the 368
4 value of the Work performed; (10) any sums repres enting expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

SECTION 11. SUBSTITUTIONS FOR CONTRACT RETENTIONS
In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of the Contractor, securiti es equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to the Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term "satisfactory completion of the contract" shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The e scrow agreement used for the purposes of this Section shall be in the form provided by the City.

SECTION 12. PAYMENT TO SUBCONTRACTORS
Contractor shall pay all subcontractors for and on account of work performed by such subcontractors in accordance with the terms of their respective subcontracts and as provided for in Section 10262 of the California Public Contract Code. Such payments to subcontractors shall be based on the measurements and estimates made and progress payments provided to Contractor pursuant to this Contract.

SECTION 13. TITLE TO WORK
As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, and free and clear from any and all security interests, l iens, or other encumbrances.

Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer o f title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract, and shall not relieve Contractor of responsibility for any loss of or damage to items.

SECTION 14. DISPUTE RESOLUTION
Any separate demand by Contractor for the payment of money or damages shall be resolved in accordance with Public Contract Code Sections 20104 et seq., if applicable.

SECTION 15. TERMINATION
This Contract may be terminated by City at any time by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event 369
5 of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to the Contractor in the amount necessary to offset City's resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause.

In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may deter mine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.

SECTION 16. COMPLETION OF WORK
When the Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract.

City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a re -inspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.

SECTION 17. CITY’S REPRESENTATIVE
The City hereby designates the City Engineer, or their designee, to act as its representative for the performance of this Contract ("City's Representative"). City's Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City's Representative or his or her designee.

SECTION 18. CONTRACTOR’S REPRESENTATIVE
Before starting the Work, Contractor shall submit in writing the name, qualifications an d experience of its proposed representative who shall be subject to the review and approval of the City ("Contractor's Representative"). Following approval by the City, the Contractor's Representative shall have full authority to represent and act on beha lf of the Contractor for all purposes under this Contract. The Contractor's Representative shall supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and pro cedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor's Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Wo rk site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required. Should Contractor desire to change its Contractor's Representative, Contractor shall provide the information specified above and obtain the City's written approval.

SECTION 19. CONTRACT INTERPRETATION
Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City's Representative, whose decision shall be binding upon Contractor.
370
6 SECTION 20. LOSS AND DAMAGE
Contractor shall be re sponsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City. However, Contractor shall be responsible for damage proximately caused by Acts of God, within the meaning of Section 4150 of the Government Code, only to the extent of five percent (5%) of the Total Contract Price as spe cified herein. In the event of damage proximately caused by "Acts of God," the City may terminate this Contract upon three (3) days advanced written notice.

SECTION 21. INDEMNIFICATION
A. Indemnification. Contractor shall defend, indemnify and hold the City, its officials, officers, employees, volunteers and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury, in law or equity, t o property or persons, including wrongful death, in any manner arising out of or incident to any alleged acts, omissions or willful misconduct of Contractor, its officials, officers, employees, agents, consultants and contractors arising out of or in conne ction with the performance of the Services, the Project or this Agreement, including without limitation the payment of all consequential damages and attorneys fees and other related costs and expenses. Contractor shall defend, at Contractor’s own cost, exp ense and risk, any and all such aforesaid suits, actions or other legal proceedings of every kind that may be brought or instituted against City, its directors, officials, officers, employees, agents or volunteers. Contractor shall pay and satisfy any jud gment, award or decree that may be rendered against City or its directors, officials, officers, employees, agents or volunteers, in any such suit, action or other legal proceeding. Contractor shall reimburse City and its directors, officials, officers, em ployees, agents and/or volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its directors, officials officers, employees, agents or volunteers.

B. General Indemnification . Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section fro m each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others are required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. This obligation to indemnify and defend City as set forth here is binding on the successors, assigns or heirs of Contractor and shall survive the termination of this Agreement or this section.

SECTION 22. INSURANCE
Contractor shall procure and maintain for the duration of the contract agreement, at its own cost and expense, the following insurance policies and coverage with companies qualified and approved to do business in California and acceptable to City. Contractor will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, Contractor agrees to amend, supplement or endorse the existing coverage to do so.

A. Commercial General Liability Insurance

1. Contractor shall maintain commercial general liability insurance with coverage at 371
7 least as broad as Insurance Services Office (ISO) form CG 00 01, in an amount not less than $2,000,000 per occurrence, $4,000,000 general aggregate, and $2,000,000 products and completed operations. The policy shall include a per project or per location general aggregate endorsement. If a per project/location endorsement is not available, the limit for the general aggregate shall be doubled.

2. The policy shall allow and be endorsed as primary and not seek contribution from the City’s coverage.

3. The policy(s) shall provide and be endorsed to include, the City, its officers, officials, employees, agents, and volunteers as additional insureds on ISO form CG 20 10 (or equival ent) for ongoing operations, and, for construction or service agreements, ISO form CG 20 37 (or equivalent) for completed operations.

4. Any failure to comply with reporting provisions of the policies by Contractor shall not affect coverage provided to the City.

5. Coverage shall state that Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

6. Coverage shall provide and be endorsed to include a waiver of subrogation in favor of the City and its officers, officials, employees, agents, and volunteers.

B. Business Automobile Liability

1. Contractor shall provide automobile liability coverage for owned, non-owned, and hired autos using ISO Business Autom obile Coverage form CA 00 01 (or equivalent) with a limit of not less than $1,000,000 each accident. If the Contractor’s business/company does not own any automobiles, coverage for hired and non-owned autos shall be provided. The policy shall provide and b e endorsed that the City, its officers, officials, employees, agents, and volunteers are included or named as additional insureds.

2. The policy shall provide and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, agents, and volunteers.

C. Umbrella or Excess Liability

1. The limits of liability for commercial general liability and automobile liability may be provided through a combination of primary and umbrella or excess liability policies provided each pol icy complies with the requirements set forth in this agreement. Excess policies shall be follow -form to the underlying policies.

Umbrella or excess policies shall include City and its officers, officials, employees, agents, and volunteers as additional insured.

D. Workers’ Compensation and Employers’ Liability - Statutory

1. Contractor shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for all persons employed directly or indirectly by Contractor. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 each accident, $1,000,000 by disease-policy limit, and $1,000,000 by disease -each employee. No proprietor, partner, executive officer, or member shall be excluded. In the alter native, Contractor may rely on a self-insurance program to meet those requirements, but only if the program of self- insurance complies fully with the provisions of the California Labor Code. 372
8 Determination of whether a self -insurance program meets the stand ards of the California Labor Code shall be solely in the discretion of City.

2. The insurer, if insurance is provided, or Contractor, if a program of self -insurance is provided, shall allow, and be endorsed to waive all rights of subrogation against City and its officers, officials, employees, agents, and volunteers.

The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Contractor does not have any employees.

E. Pollution Liability

1. Pollution Coverage shall be provided for liability arising out of sudden, accidental and gradual pollution and remediation. The policy limit shall be no less than $1,000,000 per claim. All activities contemplated in this agreement sha ll be specifically scheduled on the policy as “covered operations.” The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites.

2. The policy shall provide and be endorsed to include the City, its officers, officials, employees, agents, and volunteers as additional insureds.

F. All Coverages

1. Any available insurance proceeds broader than, or in excess of the specified minimum insurance coverage requirements and/or limits sha ll be available to the additional insureds. Furthermore, the requirements for coverage and limits shall be (1) the minimum coverage and limits specified; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds availab le to the named insured; whichever is greater. No representation is made that the minimum insurance requirements are sufficient to cover the obligations of the Contractor.

2. Each required insurance policy shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice, has been given to the City, except that ten (10) days’ prior written notice shall apply in the event of cancellation for nonpayment of premium. If a carrier will not provide the required notice of cancellation, the Contractor shall provide written notice to the City of a cancellation no later than five (5) business days before cancellation.

3. All self-insurance, self-insured retentions, and deductibles must be declared and approved by the City.

4. Evidence of Insurance - Prior to commencement of work, the Contractor shall furnish the City with certificate(s) of insurance evidencing compliance with the insurance requirements above. All required endorsements shall be attached to the certificate(s), including additional insured, waiver of subrogation, primary coverage, and notice of cancellation endorsements. The Contractor shall provide complete or certified copies of all required insurance policies if requested by the City.

5. Acceptability of Insurers - Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher.

6. No liability policy shall contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured or any contractor or subcontractor.

7. The City reserves the right at any time during the term of the contract to change the 373
9 amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City will negotiate additional compensation proportional to the increased benefit to City.

8. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.

9. Hired Parties - Contractors who will use subcontractors or other parties to provide materials, services, or perform construction or other work for the Contractor must enter into a written and executed contract agreement with each of its subcontractors, vendors, agents, subconsultants and/or any other parties, collectively, “hired parties”. The contract agreement must contain a defense, indemnification and hold harmless provision in favor of the City and its officers, officials, employees, agents, and volunteers. The contract agreement shall also cause the hired parties to comply with the insurance requirements required of the Contractor, including providing an additional insured endorsement for ongoing and completed operations. Contractor shall obtain certificates of insurance and additional insured endorsements from each of its hired parties and provide a copy to City upon request.

SECTION 23. BONDS

A. Performance Bond. If specifically requested by City in the Bidding Documents, attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

B. Payment Bond. If required by law or otherwise specifically requested by City in the Bidding Documents, attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not -to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

C. Bond Provisions. Should, in City's sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thir ty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bo nds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increa se in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate 374
10 this Agreement for cause.

D. Surety Qualifications . Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

SECTION 24. SAFETY
Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, the Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise al l necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed.

Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and life saving equipment; adequate illumination for underground and night operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenchi ng and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.

SECTION 25. WARRANTY
Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unautho rized work which has not been removed and any non -conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) Days after being notified in writing by the City of any defect in the Work or non -conformance of the Work to t he Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at his sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency.

In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected Work. Contractor shall perform such tests as the City may require verifying that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers 375
11 with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.

SECTION 26. LAWS AND REGULATIONS
Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If the Contractor observes that the drawings or specifications are at variance with any law, rule or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order.

If the Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, the Contractor shall be solely responsible for all costs arising there from. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provi sions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

SECTION 27. PERMITS AND LICENSES
Contractor shall be responsible for securing, at its own expense, and paying for all permits and licenses necessary to perform the Work described herein.

SECTION 28. TRENCHING WORK
If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or mo re in depth, Contractor shall comply with all applicable provisions of the Labor Code, including Section 6705. To this end, Contractor shall submit for City's review and approval a detailed plan showing the design of shoring, bracing, sloping, or other pr ovisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

SECTION 29. HAZARDOUS MATERIALS AND DIFFERING CONDITIONS As required by Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract, but sh all 376
12 retain all rights provided by the Contract or by law for making protests and resolving the dispute.

SECTION 30. UNDERGROUND UTILITY FACILITIES
To the extent required by Section 4215 of the Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3 ) equipment necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.

SECTION 31. PREVAILING WAGES
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., ("Prevailing Wage Laws"), the Davis-Bacon Act of 1931 and 23 USC 113 , which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with such Prevailing Wage Laws.

Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

SECTION 32. APPRENTICEABLE CRAFTS
When Contractor employs workmen in an apprenticed craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the Labor Code with respect to the employment of properly registered apprentices upon public works. The primary respo nsibility for compliance with said section for all apprenticed occupations shall be with Contractor.

SECTION 33. HOURS OF WORK
Contractor is advised that eight (8) hours labor constitutes a legal day's work. Pursuant to Section 1813 of the Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less t han one and one-half (1-1/2) times the basic rate for that worker.

SECTION 34. PAYROLL RECORDS
In accordance with the requirements of Labor Code Section 1776, Contractor shall keep accurate payroll records which are either on forms provided by the Divisio n of Labor Standards Enforcement or which contain the same information required by such forms. Responsibility for compliance with Labor Code Section 1776 shall rest solely with Contractor, and Contractor shall make all such records available for inspection at all reasonable hours.

SECTION 35. CONTRACTOR’S LABOR CERTIFICATION
By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against lia bility for Worker's Compensation or to undertake self -insurance in accordance with the provisions of that 377
13 Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit "C" and incorporated herein by reference, shall be executed simultaneously with this Contract.

SECTION 36. LABOR AND MATERIAL RELEASES
Contractor shall furnish City with labor and material releases from all subcontractors performing work on, or furnishing materials for, the work governed by this Contract prior to final payment by City.

SECTION 37. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and that it shall not discrimi nate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the state or Federal Constitutions. Such non - discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

SECTION 38. ANTI-TRUST CLAIMS
This provision shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, the Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to the Contractor, without further acknowledgment by the parties.

SECTION 39. NOTICES
All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:

CITY CONTRACTOR

City of Eastvale Onyx Paving Company Inc
12363 Limonite Ave., Suite 910 2890 E. La Cresta Avenue Eastvale, CA 91752 Anaheim, CA 92806
Attn: Jimmy Chung, City Engineer Attn: Corey R. Kirschner

Any notice so given shall be considered received by the other party three (3) days after deposit in the U.S. Mail as stated above and addressed to the party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

SECTION 40. ENTIRE CONTRACT; MODIFICATION
This Agreement, including the attached Exhibits “A” through “D”, the advertised bid documents, associated addenda, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other ag reement or understandings, whether oral or written, or entered into between Contractor and City prior to the execution of the 378
14 agreement. No prior statements, representations or other agreements, whether oral or written, made by any parties which are not embodied herein shall be valid and binding. No amendment to this Agreement shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

SECTION 41. TIME IS OF THE ESSENCE
Time is of the essence in the performance of this Contract.

SECTION 42. ASSIGNMENT FORBIDDEN
Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligation, right, title or interest assumed by Contractor herein without the prior written co nsent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.

SECTION 43. GOVERNING LAW
This Contract shall be governed by the laws of the State of California.

SECTION 44. COUNTERPARTS
This Contract may be executed in counterparts, each of which shall constitute an original.

SECTION 45. SUCCESSORS
The parties do for themselves, their heirs, executors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.

SECTION 46. ATTORNEYS’ FEES
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Contract, the prevailing party in such action shall be entitled to have and recover from the losing party reasonable attorneys' fees and all other costs of such action.

SECTION 47. CLAIMS OF $375,000 OR LESS
Notwithstanding any other provision herein, claims of $375,000 or less shall be resolved pursuant to the alternative dispute resolution procedures set forth in Public Contracts Code 20104, et seq.

SECTION 48. PROHIBITED INTERESTS
A. Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor , to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other considera tion contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.

B. Conflict of Interest. For the term of this Contract, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising there from. 379
15 SECTION 49. CERTIFICATION OF LICENSE
Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor's license of the classification indicated below under Contractor's signature.

IN WITNESS WHEREOF, each of the parties has caused this Contract to be executed on the day and year first above written.

CITY OF EASTVALE ONYX PAVING COMPANY, INC.

By: _________________________ By: _________________________ Signature Signature

_________________________ _________________________
Name Name

_________________________ _________________________
Title Title

Attest: Attest:
_________________________ _________________________
City Clerk Secretary

_________________________
Classification of Contractor’s License

_________________________
Contractor’s License Number

380
16 EXHIBIT "A" PLANS AND SPECIFICATIONS

The following plans and specifications are incorporated into this Contract herein by this reference:

The work for which this proposal is submitted is for construction in conformance with the project plans described below, including any addenda thereto, the contract annexed heret o, and also in conformance with the City of Eastvale Standard Plan and Specifications, (herein referred to as the Standard Construction Specifications), California Department of Transportation Standard Plans, dated 2023, the Standard Specifications, dated 2026 (herein referred to as the State Standard Specifications), and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished.

The Plans and Specifications for the work are as follows:

 Advertised bid documents and associated Addenda for:
“Invitation to Bid No. 26-100EG: 2026 Annual Asphalt Concrete Overlay Project” (Project #93018)”

 Plans titled:
“2026 Annual Asphalt Concrete Overlay Project”
“Project #93018”

381
17 EXHIBIT "B" BID PROPOSAL

The following Bid Proposal from Onyx Paving Company is incorporated into this Contract.

382

18 EXHIBIT "C" SPECIAL CONDITIONS

Standard Erosion and Sediment Control Plan Notes:

1. Dust control shall conform to Section 10, “Dust Control”, Section 7-1.01F, “Air Pollution Control”, Section 17, “Watering”, and Section 18 “Dust Palliative” of the State Standard Specifications, Rules no. 401, 402, 403 and 403.1 of the South Coast Air Quality Management District (AQMD), Riverside County Code, Chapter 8.52, “Fugitive Dust Reduction Program For Coachella Valley”, all other applicable Federal and State laws, and the requirements set forth herein.

2. The Contractor is cautioned that failure to control fugitive dust may result in fines being levied by the South Coast Air Quality Management District to both the Contractor and the City of Eastvale, as owner. The Contractor shall be fully responsible for payment of all fines pertaining to air pollution co ntrol violations, resulting from Contractor’s operations related to the construction contract, which may be levied against both the Contractor and the City of Eastvale by the AQMD or other regulatory agencies. The Contractor’s attention is directed to Section 7-1.01, “Laws to be Observed” of the State Standard Specifications.

The cost of all fines levied against the City of Eastvale will be deducted from any moneys due or which may become due to the Contractor, unless other payment arrangements are made by the Contractor.

3. Dust control of all of the contractor’s operations is required 24 hours per day, 7 days a week for the duration of the contract, and until the disturbed soil is permanently stabilized.

The Contractor shall take every precaution to prevent emissions of fugitive dust from the project site, from locations of stockpiled materials, from unpaved driving surfaces, from haul vehicles, from inactive constructi on areas, and from all other operations of the Contractor. The Contractor shall plan for and carry out proper and efficient measures to prevent his operations from producing dust in amounts damaging to property or which constitute a public nuisance, or which cause harm to person living or working in the vicinity of the work. Of particular concern are emissions of PM10 particles, which are fine particulate matter of 10 microns or less and which are associated with sickness and death from respiratory disease.

4. The Contractor shall respond to complaints by mobilizing equipment and personnel at the construction site within 2 hours of each complaint to control fugitive dust.

5. Attention is directed to AQMD Rule 403.1, which applies to all contracts within the City of Eastvale. That AQMD Rule requires the Contractor to take specified dust control actions when prevailing wind speeds exceed 25 miles per hour. Wind forecasts, AQMD Rules and other related information are provided by AQMD at 1 -800-CUT-SMOG and at www.aqmd.gov.

6. The Contractor shall utilize the “Best Available Control Measures” of controlling fugitive dust, as prepared by the AQMD. However, if fugitive dust crosses the project boundary, more effective control measures, including the “Best Available Control Measures” shall be implemented.

7. A site specific fugitive dust control plan shall be submitted to the City Engineer for review and approval at least 10 days prior to the start of construction.

8. The fugitive dust control plan shall include the “Reasonably Available Control Measures” and “Best Available Control Measures” of controlling fugitive dust, as may be appropriate 383

19 and necessary, including by not limited to watering, application of chemical dust suppressants, wind fencing, covering of haul vehicles, haul vehicle bed -liners, grading, planting of vegetation, the use of a 24 hour environmental observer, and track-out controls at locations where unpaved construction accesses intersect with paved roads. The use of chemical stabilizers, which are approved by all environmental regulatory agencies, and the use of reclaimed water is encouraged. If water is intended as a primary dust control tool, the dust control plan shall provide for at least one 2,000 gallon water truck for every 4 acres of disturbed soil, unless otherwise approved by the City Engineer.

9. If the Project Inspector determines that the project scope and the forecasted weather conditions are such that the Contractor’s work is unlikely to be a source of dust emissions, the Construction Engineer has the authority to waive the requirements for submittal of a dust control plan and for placement of the dust control signs described herein. However, the Contractors responsibilities for the control of fugitive dust and the other requirements of this section may not be waived.

10. A completion notice will not be filled, and the final payment will not be made to the Contractor until the areas of disturbed soil on the construction site, including roadwa y shoulders, are suitable stabilized for long term control of fugitive dust.

11. This signature of the Contractor on the Proposal constitutes acknowledgement by the Contractor of the dust control enforceability of those requirements.

12. Full compensation for conformance with these dust abatement requirements, including lab equipment and materials, developing water supply and incidentals, shall be considered as included in items of work, and no additional compensation will be allowed therefore.

13. The successful Contr actor shall attend an AQMD PM10 Dust Control Program training session, and furnish evidence of attendance to the City Engineer. Attendance at AQMD training seminars can be scheduled the AQMD at 1 -866-861-DUST or by email to [email protected]. Current AQMD certification of previous attendance will be accepted. At that training session, the successful Contractor will be furnished with the AQMD prepared Rule 403 and Rule 403.1 implementation handbooks, which in clude the Best Available Control Measures” and “Reasonably Available Control Measures”, and other associated information, including a listing of suggested dust control related to devices, material and chemicals.

14. Any days on which the Contractor is prevente d from working, due to the requirements of AQMD Rules, will be considered as non-working days, in accordance with Section 8-1.06, “Time of Completion” of the State Standard Specification.

384

20 EXHIBIT "D" CERTIFICATION LABOR CODE-SECTION 1861

I, the undersigned Contractor, am aware of the provisions of Section 3700 et seq. of the Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self -insurance in accordance with the provisions of the Code , and I, the undersigned Contractor, agree to and will comply with such provisions before commencing the performance of the Work on this Contract.

ONYX PAVING COMPANY, INC.

By: ______________________________
Full Name (Print)

________________________________
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NOTICE OF EXEMPTION

TO BE SENT TO: LEAD AGENCY:




County of Riverside County Clerk
P.O. Box 12004
Riverside, CA 92502

Office of Planning and Research
P.O. Box 3044
1400 Tenth Street, Room 113
Sacramento, CA 95812-3044

CITY OF EASTVALE
12363 Limonite Avenue, Suite 910
Eastvale, CA 91752

PROJECT CASE NO: CIP-93018
PROJECT TITLE: 2026 Annual Concrete Overlay Project
PROJECT APPLICANT: Public Works Department, City of Eastvale PROJECT LOCATION: Existing public roadways within the City of Eastvale. CITY: Eastvale COUNTY: Riverside
APN(s): N/A (Public Right-of-way)

PROJECT DESCRIPTION: The 2026 Annual Asphalt Concrete Overlay Project involves street maintenance and pavement improvements on various residential and arterial streets throughout the City of Eastvale. The project scope consists of grinding existing pavement, placing rubberized asphalt concrete (ARHM), localized street reconstruction/deep dig -outs, curb ramp ADA compliance updates, utility cover adjus tments, and replacement of traffic striping and pavement markers
AGENCY APPROVING PROJECT: City of Eastvale, City Council NAME OF PERSON OR AGENCY CARRYING OUT PROJECT: Gabriel Mayorquin, Associate Engineer The project or activity identified above is determined to be exempt from further environmental review requirements contained in the California Environmental Quality Act (CEQA).

EXEMPT STATUS:
 Ministerial (Sec. 21080(b)(1); 15268);
 Declared Emergency (Sec. 21080(b)(3);15269(a));
 Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
 Categorical Exemption. State type and section no: Class 1: Existing Facilities. (Section 15301)  Statutory Exemptions. State code number: ____________________________________________ REASONS TO SUPPORT EXEMPTION FINDING (attach if needed):

Pursuant to the provisions of the California Environmental Quality Act (CEQA Public Resources Code, Section 21083 et. Seq.), this project meets the criteria for a Categorical Exemption under Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines in that the proposed project involves negligible or no expansion of use consistent with the criteria set forth in Section 1530 1. The removal of existing asphalt concrete, with the replacement of new rubberized asphalt concrete does alter existing public street s; additionally, the project does not add additional vehicular travel lanes; therefore qualifies for a Class 1 (Existing Facilities) exemption and no further environmental review is required pursuant to the C alifornia Environmental Quality Act (CEQA) Guidelines Section 15301.

LEAD AGENCY CONTACT: Gabriel Mayorquin TELEPHONE: (951) 703-4492 SIGNATURE: DATE: TITLE:

448

449

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.15
August 12, 2026
Approval of Purchase Agreements for Citywide Custom Apparel Prepared By:

Mollie Corrao, Communications Officer
Recommended Action(s)
Staff recommends that the City Council:

1 .

Approve Purchase Agreement for citywide custom apparel with Pacific Coast S!tch LLC to provide as-needed apparel items, in an annual not-to-exceed amount of $50,000, for an ini!al three-year period with two additional one-year renewal options. 2 .

Authorize the City Manager to execute the agreement.

Summary
The City u!lizes custom branded apparel items to support public awareness efforts, employee and volunteer iden!fica!on, and City-sponsored events. Branded apparel helps promote a professional and consistent City presence, increases visibility at community events, and enhances public recognition of City programs and services.

The proposed agreement with Pacific Coast S!tch will allow the City to procure branded apparel items on an as-needed basis, ensuring !mely availability of clothing and related items for staff, volunteers, special events, outreach activities, and City initiatives.

Background
All City departments purchase a variety of branded apparel items throughout the year to support community events, outreach ini!a!ves, employee recogni!on, volunteer programs, and official City func!ons. Historically, these purchases have been made independently through mul!ple vendors, 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
eastvaleca.gov
450
resul!ng in inconsistent branding, varying apparel quality, and missed opportuni!es to leverage the City’s purchasing power for more competitive pricing.

Establishing a citywide agreement with a single apparel vendor will provide a more streamlined and cost-effec!ve approach to procuring branded clothing and related items. Standardizing purchases through one vendor will help ensure consistency with the City’s brand standards, improve quality control, simplify the ordering process for departments, and reduce overall costs through consolidated purchasing. This approach will allow departments to obtain apparel as needed while maintaining a professional and cohesive City appearance across all programs, events, and initiatives.

On April 30, 2026, the City issued Invita!on for Bids (IFB) No. 26-108CO via the City’s website and online bidding system, PlanetBids. A total of five (5) bids were received by the bid closing date of May 26, 2026, and all bids were deemed responsive. The following is a summary of vendor participation and results:

20 Vendors notified
20 Vendors downloaded the bid packet
5 Bids received

Bid results are as follows:

Name of Bidder
City
Base Bid Amount
Pacific Coast Stitch LLC
Murrieta, CA
$3,535.00
Digital Dash Creative LLC
Bridgeport, CT
$3,852.19
PistonBones Printing
Corona, CA
$3,892.15
Bienali Promotions, LLC
Highland, Park, IL
$4,283.42
The Beavers Group Inc.

Chino, CA
$4,619.21

As part of the bid evalua!on process, staff tested samples of select apparel items provided by the three (3) lowest bidders for quality of material and embroidery, accuracy of city logo prin!ng, and durability. ACer a thorough evalua!on of bid pricing and apparel samples, staff recommends that the City Council approve an agreement with Pacific Coast S!tch LLC for citywide custom apparel.

Approval of this contract will support the City's ongoing efforts to provide standardized quality and branding at competitive pricing.

Environmental
Not applicable.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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451
Not applicable.

Fiscal Impact
Total fiscal impact is es!mated to be approximately $16,000 per year. Each department is responsible for budge!ng and paying for items ordered. As a result, budget is housed within each department. Each department has services and supply budget within the fiscal year 2026-27 General Fund budget.

Prior City Council/Commission Action
Not applicable.

Attachment(s)
Attachment 1 - Purchase Agreement for Citywide Custom Apparel

Attachment 2 - Contract Pricing (Exhibit B of Agreement)

12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
951.361.0900 |
eastvaleca.gov
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4920-3109-2752 v1 1 PURCHASE AGREEMENT NO. ___________

PURCHASE AGREEMENT FOR

CITYWIDE CUSTOM APPAREL

1. IDENTIFICATION OF VENDOR:

NAME: PACIFIC COAST STITCH, LLC
ADDRESS: 25807 JEFFERSON AVE., STE 160, MURRIETA, CA 92562 CONTACT: ANNETTE NOLAND
PHONE: 951-693-1372
EMAIL: [email protected]

2. GOODS AND/OR EQUIPMENT. The goods and/or equipment (“Goods”) to be provided by Vendor pursuant to this Purchase Agreement are described in Exhibit B, attached hereto and incorporated herein by this reference.

3. COMPENSATION FOR SERVICES. Vendor’s total compensation for the Goods provided under this Purchase Agreement shall not exceed $ 50,000 per contract year. Unless otherwise stated herein or the Contract Documents, all applicable taxes are included in the Purchase Agreement.

4. SCHEDULE OF PERFORMANCE. Vendor/Consultant shall deliver the Goods on an as-needed basis in accordance with the City’s needs and available budget.

5. TERMS AND CONDITIONS.

(1) The agreement shall commence on August 13, 2026, and terminate on June 30, 2029, with the option for the City to grant up to two (2), one (1) year extensions. The following documents are incorporated by reference into this Purchase Agreement and together with this Purchase Agreement are referred to as the “Contract Documents”:

Invitation for Bid No. 2 6-108CO, Vendor’s Bid in response to Invitation for Bid No. 26-108CO, all referenced specifications, details and appendices, the general terms and conditions attached hereto as Exhibit A , and the description and price of the Goods attached hereto as Exhibit B.

(2) The Purchase Agreement number must appear on all invoices and correspondence.

(3) Changes made to printed Terms and Conditions of this Purchase Agreement or any of the Contract Documents are null and void unless approved in writing by the City of Eastvale (“City”).

(4) By executing this Purchase Agreement , Vendor affirms that it has read, negotiated, and expressly accepts all terms incorporated herein.

Vendor

City
Signature Date

Signature Date Print Name & Title Print Name & Title
453
4920-3109-2752 v1 2

Exhibit A
General Terms and Conditions

1. Acceptance. By accepting this Purchase Agreement, Vendor agrees to comply with these Terms and Conditions. City does not agree to any proposed additions, alterations, modifications, or deletions to this Purchase Agreement by Vendor unless agreed to in writing by both Vendor and City as described herein. Vendor shall sell, provide and deliver, and City shall purchase, the goods, materials, and/or equipment described in this Purchase Agreement, including any attached specifications (“Goods”). Goods must comply with the Contract Documents.

2. Delivery. Vendor’s carrier shall deliver Goods at the location identified by the City in the Contract Documents. Vendor shall pay all freight costs unless otherwise noted in the Contract Documents and set forth in the purchase price. Time is of the essence for the shipment or delivery of Goods and Goods shall be delivered no later than the date set forth on the Purchase Agreement.

3. Compliance with Law. Vendor shall have full and exclusive responsibility for compliance with all applicable federal, state and local laws, rules, regulations, ordinances or requirements pertinent to its employees, the sale of the Goods , and the methods and procedures in connection with the work under this Purchase Agreement including obtaining , at its sole cost and expense, all license s, permits and approvals required by law.

4. Risk of Loss. Vendor warrants title to all Goods sold to City and Vendor shall bear the risk of loss of or damage to Goods until such time as City takes actual possession of Goods by moving them from the point of delivery, or at the point of delivery if such items will not be moved.

5. Substitutions. No substitution will be permitted without the written consent of City . If Vendor proposes any substitution, Vendor guarantees that the substitution is equal in quality, capac ity, durability, ease of maintenance, and ease of installation to the Goods originally specified.

6. Changes. City, by written order, may delete Goods to be supplied under this Purchase Agreement, and the Purchase Agreement price will be equitably reduced. City, by written order, may order an increase in Goods to be supplied, and the Purchase Agreement price will be equitably increased. If unit prices are stated, the reduction or increase shall be calculated at the unit prices stated in t he Purchase Agreement. If no unit prices are stated, Vendor shall promptly, at the request of City , quote prices, and City shall promptly accept or reject the quote.

7. Inspection and Testing. All Goods will be subject to final inspection and approval after delivery; payment will not constitute final acceptance. Vendor at its cost shall remove and replace any Goods that City designates as nonconforming or defective.

8. Indemnification. Vendor agrees to indemnify and hold City harmless and defend (with counsel acceptable to City), City and its officers, agents, employees and volunteers , from and against any and all actions, suits, claims, judgments, attorney’s fees, costs, damages to persons or property, losses, penalties, obligations, expenses or liabilities that arise out of or relate to the negligence, recklessness, or willful misconduct, errors or omissions of Vendor, its employees, agents, representatives or subcontractors in the performance of this Purchase Agreement; however, this indemnity does not apply to liability aris ing from the sole negligence or willful misconduct of City or City’s agents who are directly responsible to the City, or to the extent caused by the active negligence of City . These indemnification provisions are independent of, and shall not in any way be limited by, the insurance requirements of this Purchase Agreement and shall survive the expiration of this Purchase Agreement.

9. Warranty. Vendor warrants that all Goods and related services to be supplied under this Purchase Agreement are sufficient for the purpose intended; that all Goods and related services will conform to the specifications, drawing samples or other descriptions specified by the City; that the Goods are new, merchantable, good quality and free from defects (whether patent or latent) in material and workmanship; that all workmanship and Goods to be provided are of the best grade and quality; and, that it has good and clear title to all Goods to be supplied by it and the same are free and clear from all liens, encumbrances and security i nterests. For a period of one year after delivery of the Goods, Vendor shall at its own expense replace or repair defective Goods at the request of City. This warranty provision shall be in addition to any manufacturer warranties or other warranties set forth in the specifications, quote, or proposal, if any.

10. Payment. Unless otherwise specified the proposal or quote accepted by the City, p ayment will be made after delivery or receipt of Goods and invoice within thirty (30) days, except as to any charges which are disputed by City. City may withhold 10% of the price until the Goods are installed, tested, and operating (if applicable). The Vendor must separately state on all invoices any taxes imposed by the local, state or federal state government applicable to furnishing of Goods; provided, however, where a tax exemption is available, t he tax must be subtracted from the total price and identified.

11. Termination. City may terminate all or any portion of this Purchase Agreement at any time prior to the delivery of Goods, with or without cause, by giving Vendor written notice . Cancellation or termination shall become effective immediately upon the giving of notice by personal delivery or mail. In the event of breach of the Purchase Agreement by Vendor, City may terminate the Purchase Agreement immediately without notice, may reduce payment to the Vendor in the amount necessary to offset City’s resulting damages, may procure substitute goods or services at Vendor’s expense, and/or may pursue any other availa ble recourse against Vendor. Vendor may terminate this Purchase Agreement for cause at any time upon thirty (30) days’ written notice.

12. Assignment. Except as expressly stated in the Purchase Agreement , Vendor shall not contract with any other entity to perform in whole or in part the services required under the Purchase Agreement without the express written approval of the City. N either the Purchase Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered volu ntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City.

13. Waiver. The waiver at any time by any party of its rights with respect to a default or other matter arising in connection with this Purchase Agreement shall not be deemed a waiver with respect to any subsequent default or matter. No payment by City to Vendor shall be considered or construed to be an approval or acceptance of any defective goods or any other breach or default. 454
4920-3109-2752 v1 3

14. Insurance. Prior to undertaking performance of work under this Contract, Vendor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below:

Commercial General Liability Insurance – the Vendor shall maintain commercial general liability insurance as broad as Insurance Services Office (ISO) CG 00 01 which shall include, but not be limited to protection against claims arising from bodily and personal i njury, including death resulting there from, and damage t o property, resulting from any act or occurrence arising out of Vendor’s operations in the performance of this Contract, including, without limitation, acts involving vehicles. The amounts of insurance shall be not l ess than the following: $1,000,000 per occurrence, $2,000,000 in the aggregate, and $1,000,000 products and completed operations aggregate . The policy shall allow and be endorsed as primary and not seek contribution from the City’s coverage. The policy(s) shall provide and be endorsed to include , the City, its officers, officials, employees, agents, and volunteers as additional insureds on ISO form CG 20 10 (or equivalent) for ongoing operations, and, for construction or service agreements, ISO form CG 20 37 (or equivalent) for completed operations.

Coverage shall provide and be endorsed to include a waiver of subrogation in favor of the City and its officers, officials, employees, agents, and volunteers. Any failure to comply with reporting provisions of the policies by Vendor shall not affect co verage provided to the City.

Coverage shall state that Vendor’s insurance shall apply separately to each insured against whom claim is made or suit is bro ught, except with respect to the limits of the insurer’s liability.

Business Automobile Liability Insurance, or equivalent form, shall be maintained by the Vendor with a combined single limit o f not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles as well as uninsured motorist coverage w ith a combined single limit of not less than $1,000,000each accident. If the Vendor’s business/company does not own any automobiles, coverage for hired and non -owned autos shall be provided. The policy shall provide and be endorsed that the City, its officers, officials, employees, agents, and volunteers are included or named as additional insureds. The policy shall provide and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, agents, and volunteers.

Worker’s Compensation Insurance – in accordance with the provisions of Section 3300 of the Labor Code, Vendor is required to be insured against liability for worker’s compensation or to undertake self -insurance. Prior to commencing the performance of the work under this Contract, Vendor agrees to obtain and maintain any employer’s liability insurance with limits not less than $1,000,000 each accident or disease. The policy shall provide and be endorsed to include a waiver of subrogation in favor of the City, its officers, officials, employees, agents, and volunteers.

The following requirements apply to the insurance to be provided by Vendor pursuant to this section:

· Vendor shall maintain all insurance required above in full force and effect for the entire term of contract · Certificates of insurance and endorsements shall be furnished to the City upon execution of this Agreement and shall be approved by the City
· Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. If a carrier will not provide the required notice of cancellation, the Vendor shall provide written notice to the City of a cancellation no later than five (5) business days before cancellation.

If Vendor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the C ity with required proof that insurance has been procured and is in forc e and paid for, the City shall have the right, at the City’s election, to forthwith terminate this Contract. Such termination shall not affect Vendor’s right to be paid for services satisfactorily provided in accordance with this Contract prior to notification of termination. The Vendor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City.

15. Attorneys’ Fees. In the event litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing Party in such litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition to any other relief to which it may be entitled.

16. Governing Law; Venue. This Purchase Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the p arties, venue in state trial courts shall lie exclusively in the County of Rive rside, California.

In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.

17. Integration. This Purchase Agreement constitutes the sole, final, complete, exclusive and integrated expression and statement of the terms of this agreement among the parties concerning the subject matter addressed herein, and supersedes all prior negotiations, representations or agreements, either oral or written, that may be related to the subject matte r of this Purchase Agreement , except those other documents that are expressly referenced.

455
4920-3109-2752 v1 4

Exhibit B
Description and Prices of Goods

Vendor shall furnish custom apparel to the City of Eastvale on an as-needed basis. See next page for listing of city-wide apparel and their pricing.
456
Description and Prices of Goods
IFB #25-108CO Citywide Custom Apparel
Item # Description SIZE UOM QTY Unit Price Line Total 1 Polo, Men's Size SM-XL, Diesel Grey,5-ounce, 100% poly pique with stay- cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents SM-XL EA 1 $35.00 $35.00 2 Polo, Men's Size XXL-4XL, Diesel Grey,5-ounce, 100% poly pique with stay- cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents XXL-4XL EA 1 $35.00 $35.00 3 Polo, Men's Size SM-XL, Navy,5-ounce, 100% poly pique with stay-cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents SM-XL EA 1 $35.00 $35.00 4 Polo, Men's Size XXL-4XL, Navy,5-ounce, 100% poly pique with stay-cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents XXL-4XL EA 1 $35.00 $35.00 5 Polo, Men's Size SM-XL, Bright White,5-ounce, 100% poly pique with stay- cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents SM-XL EA 1 $35.00 $35.00 6 Polo, Men's Size XXL-4XL, Bright White,5-ounce, 100% poly pique with stay- cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents XXL-4XL EA 1 $35.00 $35.00 7 Polo, Men's Size SM-XL, Grit Green,5-ounce, 100% poly pique with stay- cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents SM-XL EA 1 $35.00 $35.00 8 Polo, Men's Size XXL-4XL, Grit Green,5-ounce, 100% poly pique with stay- cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents XXL-4XL EA 1 $35.00 $35.00 9 Polo, Men's Size SM-XL, Blacktop,5-ounce, 100% poly pique with stay-cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents SM-XL EA 1 $35.00 $35.00 10 Polo, Men's Size XXL-4XL, Blacktop,5-ounce, 100% poly pique with stay- cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents XXL-4XL EA 1 $35.00 $35.00 11 Polo, Women's Size SM-XL, Diesel Grey,5-ounce, 100% poly pique with stay-cool wicking technology,Self-fabric collar, Flat knit cuffs, Arm seaming accent, Set-in, open hem sleeves, 6-button placket SM-XL EA 1 $35.00 $35.00 12 Polo, Women's Size XXL-4XL, Diesel Grey,5-ounce, 100% poly pique with stay-cool wicking technology,Self-fabric collar, Flat knit cuffs, Arm seaming accent, Set-in, open hem sleeves, 6-button placket XXL-4XL EA 1 $35.00 $35.00 13 Polo, Women's Size SM-XL, Navy,5-ounce, 100% poly pique with stay-cool wicking technology,Self-fabric collar, Flat knit cuffs, Arm seaming accent, Set-in, open hem sleeves, 6-button placket SM-XL EA 1 $35.00 $35.00 14 Polo, Women's Size XXL-4XL, Navy, 5-ounce, 100% poly pique with stay- cool wicking technology,Self-fabric collar, Flat knit cuffs, Arm seaming accent, Set-in, open hem sleeves, 6-button placket XXL-4XL EA 1 $35.00 $35.00 15 Polo, Women's Size SM-XL, Bright White,5-ounce, 100% poly pique with stay-cool wicking technology,Self-fabric collar, Flat knit cuffs, Arm seaming accent, Set-in, open hem sleeves, 6-button placket SM-XL EA 1 $35.00 $35.00

EXHIBIT B

STANDARD ITEMS
Pacific Coast Stitch
Murrieta, CA
5 457
Description and Prices of Goods
IFB #25-108CO Citywide Custom Apparel
Item # Description SIZE UOM QTY Unit Price Line Total

STANDARD ITEMS
Pacific Coast Stitch
Murrieta, CA
16 Polo, Women's Size XXL-4XL, Bright White,5-ounce, 100% poly pique with stay-cool wicking technology,Self-fabric collar, Flat knit cuffs, Arm seaming accent, Set-in, open hem sleeves, 6-button placket XXL-4XL EA 1 $35.00 $35.00 17 Polo, Women's Size SM-XL, Blacktop,5-ounce, 100% poly pique with stay- cool wicking technology,Self-fabric collar, Flat knit cuffs, Arm seaming accent, Set-in, open hem sleeves, 6-button placket SM-XL EA 1 $35.00 $35.00 18 Polo, Women's Size XXL-4XL, Blacktop,5-ounce, 100% poly pique with stay- cool wicking technology,Self-fabric collar, Flat knit cuffs, Arm seaming accent, Set-in, open hem sleeves, 6-button placket XXL-4XL EA 1 $35.00 $35.00 19 Long Sleeve Polo, Men's Size SM-XL, Diesel Grey,5-ounce, 100% poly pique with stay-cool wicking technology, Flat knit collar, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves SM-XL EA 1 $42.00 $42.00 20 Long Sleeve Polo, Men's Size XXL-4XL, Diesel Grey,5-ounce, 100% poly pique with stay-cool wicking technology, Flat knit collar, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves XXL-4XL EA 1 $42.00 $42.00 21 Long Sleeve Polo, Men's Size SM-XL, Blacktop,5-ounce, 100% poly pique with stay-cool wicking technology, Flat knit collar, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves SM-XL EA 1 $42.00 $42.00 22 Long Sleeve Polo, Men's Size XXL-4XL, Blacktop,5-ounce, 100% poly pique with stay-cool wicking technology, Flat knit collar, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves XXL-4XL EA 1 $42.00 $42.00 23 Long Sleeve Polo, Men's Size SM-XL, Bright White,5-ounce, 100% poly pique with stay-cool wicking technology, Flat knit collar, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves SM-XL EA 1 $42.00 $42.00 24 Long Sleeve Polo, Men's Size XXL-4XL, Bright White,5-ounce, 100% poly pique with stay-cool wicking technology, Flat knit collar, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves XXL-4XL EA 1 $42.00 $42.00 25 Luuma Cocoon Fleece,Women's Size SM-XL, Blacktop,7.1-ounce, 57/38/5 modal/poly/spandex fleece, Open sleeves and hem SM-XL EA 1 $55.00 $55.00 26 Luuma Cocoon Fleece,Women's Size XXL-4XL, Blacktop,7.1-ounce, 57/38/5 modal/poly/spandex fleece, Open sleeves and hem XXL-4XL EA 1 $55.00 $55.00 27 Concept Cardigan, Women's Size SM-XL, Black, 4.4-ounce, 62/33/5 poly/rayon/spandex jersey knit, Open Y-neck, Dyed-to-match buttons, Wide cuffs and hem SM-XL EA 1 $30.00 $30.00
28 Concept Cardigan, Women's Size XXL-4XL, Black, 4.4-ounce, 62/33/5 poly/rayon/spandex jersey knit, Open Y-neck, Dyed-to-match buttons, Wide cuffs and hem XXL-4XL EA 1 $30.00 $30.00
29 6 Pocket Contrast Mesh Vest, Size SM-XL, Lime, Ultra-Cool 100% polyester mesh with solid pockets, Zipper front closure, 2" wide high performance reflective material with 3" contrasting mesh, Left chest mic tab, Outside left chest radio pocket, Outside right chest 2-tier,3 division pocket, Inside lower patch pockets,Two lower outside solid material patch pockets with flaps SM-XL EA 1 $35.00 $35.00 30 6 Pocket Contrast Mesh Vest, Size XXL-4XL, Lime, Ultra-Cool 100% polyester mesh with solid pockets, Zipper front closure, 2" wide high performance reflective material with 3" contrasting mesh, Left chest mic tab, Outside left chest radio pocket, Outside right chest 2-tier,3 division pocket, Inside lower patch pockets,Two lower outside solid material patch pockets with flaps XXL-4XL EA 1 $35.00 $35.00
31 Slash Pocket Jacket, Size SM-XL, Navy, 7.25-ounce, 65/35 poly/cotton twill, Wrinkle-resistant finish, Self-fabric collar with sewn-in stays, Two lower inset slash pockets, Utility pocket on left sleeve, Adjustable waist tabs SM-XL EA 1 $58.00 $58.00
32 Slash Pocket Jacket, Size XXL-4XL, Navy, 7.25-ounce, 65/35 poly/cotton twill, Wrinkle-resistant finish, Self-fabric collar with sewn-in stays, Two lower inset slash pockets, Utility pocket on left sleeve, Adjustable waist tabs XXL-4XL EA 1 $58.00 $58.00 6 458
Description and Prices of Goods
IFB #25-108CO Citywide Custom Apparel
Item # Description SIZE UOM QTY Unit Price Line Total

STANDARD ITEMS
Pacific Coast Stitch
Murrieta, CA
33 Triumph 1/4-Zip Pullover, Size SM-XL, Black, 7.1-ounce, 71/29 cotton/poly double-knit fleece, Cadet collar, Rubberized center front zipper, Front pouch pocket with integrated rubberized zippered pocket SM-XL EA 1 $55.00 $55.00 34 Triumph 1/4-Zip Pullover, Size XXL-4XL, Black, 7.1-ounce, 71/29 cotton/poly double-knit fleece, Cadet collar, Rubberized center front zipper, Front pouch pocket with integrated rubberized zippered pocket XXL-4XL EA 1 $55.00 $55.00 35 Breakwater 1/4-Zip Pullover, Size SM-XL, Deep Black, 6.3-ounce, 60/40 cotton/polyester, Cadet collar with topstitch detail, Forward shoulder, Set-in sleeves, Self-turned cuffs and hem SM-XL EA 1 $32.00 $32.00 36 Breakwater 1/4-Zip Pullover, Size XXL-4XL, Deep Black, 6.3-ounce, 60/40 cotton/polyester, Cadet collar with topstitch detail, Forward shoulder, Set-in sleeves, Self-turned cuffs and hem XXL-4XL EA 1 $32.00 $32.00 37 Luuma 1/2-Zip, Women's Size SM-XL, Blacktop, 7.1-ounce, 57/38/5 modal/polyester/spandex, Drop shoulder, Blouson sleeves, Banded hem with side vents SM-XL EA 1 $58.00 $58.00
38 Luuma 1/2-Zip, Women's Size XXL-4XL, Blacktop, 7.1-ounce, 57/38/5 modal/polyester/spandex, Drop shoulder, Blouson sleeves, Banded hem with side vents XXL-4XL EA 1 $58.00 $58.00
39 13.5oz/450gm Heavyweight Cross-Grain Hood Pullover, Men's Size SM-XL, Black, Double fleece lined hood, Heavy duty 100% cotton shoestring drawcord with antique silver tips, Double ribbing side panels for stretch, Reverse coverstitch sewing on all seams for durability and a premium finish, Body and hood panels sewn Cross-Grain to limit shrinkage & shortening after wash, 520gm 100% cotton 1x1 ribbing at cuff and waistband, SM-XL EA 1 $58.00 $58.00 40 13.5oz/450gm Heavyweight Cross-Grain Hood Pullover, Men's Size XXL- 4XL, Black, Double fleece lined hood, Heavy duty 100% cotton shoestring drawcord with antique silver tips, Double ribbing side panels for stretch, Reverse coverstitch sewing on all seams for durability and a premium finish, Body and hood panels sewn Cross-Grain to limit shrinkage & shortening after wash, 520gm 100% cotton 1x1 ribbing at cuff and waistband, XXL-4XL EA 1 $58.00 $58.00 41 Adult Tri-Blend Tee, Size SM-XL, Solid Black, 4.3-ounce, 50/25/25 poly/combed ring spun cotton/rayon, 32 singles, 1x1 rib knit neck, Shoulder to shoulder taping, Side seamed SM-XL EA 1 $11.00 $11.00 42 Adult Tri-Blend Tee, Size XXL-4XL, Solid Black, 4.3-ounce, 50/25/25 poly/combed ring spun cotton/rayon, 32 singles, 1x1 rib knit neck, Shoulder to shoulder taping, Side seamed XXL-4XL EA 1 $14.00 $14.00 43 Ripstop Bomber Jacket, Size SM-XL, Lime, Durable waterproof seam sealed ripstop shell with fleece body & hood, Hood fits into the collar or can be removed all together,Quilted sleeves for easy in and out arm access, 2" wide silver reflective material, Adjustable cuffs with rubber pulls for easy use when wearing gloves, Left and right chest mic tabs, Right chest vertical pocket, Left radio pocket, Left and right slash pockets, Left bicep 2-division pocket with drainage grommets, Vertical tablet pocket with zipper inside storm flap SM-XL EA 1 $100.00 $100.00
44 Ripstop Bomber Jacket, Size XXL-4XL, Lime, Durable waterproof seam sealed ripstop shell with fleece body & hood, Hood fits into the collar or can be removed all together,Quilted sleeves for easy in and out arm access, 2" wide silver reflective material, Adjustable cuffs with rubber pulls for easy use when wearing gloves, Left and right chest mic tabs, Right chest vertical pocket, Left radio pocket, Left and right slash pockets, Left bicep 2-division pocket with drainage grommets, Vertical tablet pocket with zipper inside storm flap XXL-4XL EA 1 $100.00 $100.00
45 ANSI 107 Class 3 Mesh Tee, Size SM-XL, Safety Yellow, 4.1-ounce, 100% polyester birdseye mesh, Durable, reflective 2-inch tape meets ANSI 107 requirements and provides 360-degree visibility on body and sleeves, 1x1 rib knit neck, Back neck tape, Left chest pocket SM-XL EA 1 $24.00 $24.00 7 459
Description and Prices of Goods
IFB #25-108CO Citywide Custom Apparel
Item # Description SIZE UOM QTY Unit Price Line Total

STANDARD ITEMS
Pacific Coast Stitch
Murrieta, CA
46 ANSI 107 Class 3 Mesh Tee, Size XXL-4XL, Safety Yellow, 4.1-ounce, 100% polyester birdseye mesh, Durable, reflective 2-inch tape meets ANSI 107 requirements and provides 360-degree visibility on body and sleeves, 1x1 rib knit neck, Back neck tape, Left chest pocket XXL-4XL EA 1 $24.00 $24.00 47 Men's Cooling Long Sleeve Work Shirt, Size SM-XL, Carbon, Cooling tech that never washes out, Body: 5.3 oz. Twill, 82% Polyester / 14% Cotton / 4% Elastane, Seven-button front, Left chest pocket with pencil stall, Right chest pocket with button flap, Utility pocket on left sleeve, Anti-Microbial SM-XL EA 1 $60.00 $60.00 48 Men's Cooling Long Sleeve Work Shirt, Size XXL-4XL, Carbon, Cooling tech that never washes out, Body: 5.3 oz. Twill, 82% Polyester / 14% Cotton / 4% Elastane, Seven-button front, Left chest pocket with pencil stall, Right chest pocket with button flap, Utility pocket on left sleeve, Anti-Microbial XXL-4XL EA 1 $60.00 $60.00 49 Hoodie Sweatshirt with Zipper, Size SM-XL, Yellow/Lime, Black lower body and sleeves help the wearer keep a clean appearance, High quality 9 oz. sweatshirt material, Black rib knit cuffing, 2" wide VizLite reflective material SM-XL EA 1 $78.00 $78.00 50 Hoodie Sweatshirt with Zipper, Size XXL-4XL, Yellow/Lime, Black lower body and sleeves help the wearer keep a clean appearance, High quality 9 oz. sweatshirt material, Black rib knit cuffing, 2" wide VizLite reflective material XXL-4XL EA 1 $78.00 $78.00
51 Color Black/Black, 60/40 cotton/polyester front panels; 55/43/2 polyester/rayon/spandex front panels (Heathers); 100% polyester mesh mid and back panels, Structured, Mid-profile, Permacurv bill to maintain proper shape and curve Silver undervisor, 8-row stitching on visor, Flexfit 110 technology allows for the perfect blend of Flexfit technology and adjustability for a more custom fit, 7-position adjustable snapback closure N/A EA 1 $13.00 $13.00 52 Color Deep Black,Double-layered 50/30/20 rayon/polyester/nylon, Six darts at crown for shaping, Adjustable cuff N/A EA 1 $11.00 $11.00 53 Color Deep Black, Flexfit 110 Foam Outdoor Cap, 87/13 poly/spandex front panels with light foam; 100% polyester mesh mid and back panels, Structured, Mid-profile, 5 panels, Stretch and Flexfit 110 technology allows for the perfect blend of Flexfit technology and adjustability for a more custom fit, Crushable, foldable brim and crown for easy travel, Webbing adjustable closure with easy-release buckle closure N/A EA 1 $14.00 $14.00 54 Outdoor Wide-Brim Hat, S/M- L/XL, Black, Fabric: 75/25 poly/nylon ripstop, No Fly Zone insect repellant technology, UPF 30+ sun protection, a concealable sun flap and a moisture-wicking sweatband, 75/25 poly/nylon ripstop, djustable cord at crown and clip-on, adjustable drawcord S/M, L/XL EA 1 $23.00 $23.00 55 Outdoor Wide-Brim Hat, S/M- L/XL, Dress Blue Navy, Fabric: 75/25 poly/nylon ripstop, No Fly Zone insect repellant technology, UPF 30+ sun protection, a concealable sun flap and a moisture-wicking sweatband, 75/25 poly/nylon ripstop, djustable cord at crown and clip-on, adjustable drawcord S/M, L/XL EA 1 $23.00 $23.00
56 Polo, Men's Size SM-XL, Black, A self-fabric collar and two-button placket.

Rolled-forward shoulder seams, Open hem sleeves and open hem. A contrast heat transfer Swoosh logo is on the left sleeve. Made of 5.4-ounce, 87/13 polyester/spandex Dri-FIT fabric (solid) and 5.5-ounce, 87/13 polyester/spandex Dri-FIT fabric SM-XL EA 1 $68.00 $68.00 8 460
Description and Prices of Goods
IFB #25-108CO Citywide Custom Apparel
Item # Description SIZE UOM QTY Unit Price Line Total

STANDARD ITEMS
Pacific Coast Stitch
Murrieta, CA
57 Polo, Men's Size XXL-4XL, Black, A self-fabric collar and two-button placket.

Rolled-forward shoulder seams, Open hem sleeves and open hem. A contrast heat transfer Swoosh logo is on the left sleeve. Made of 5.4-ounce, 87/13 polyester/spandex Dri-FIT fabric (solid) and 5.5-ounce, 87/13 polyester/spandex Dri-FIT fabric XXL-4XL EA 1 $68.00 $68.00 58 Polo, Men's Size SM-XL, White, A self-fabric collar and two-button placket.

Rolled-forward shoulder seams, Open hem sleeves and open hem. A contrast heat transfer Swoosh logo is on the left sleeve. Made of 5.4-ounce, 87/13 polyester/spandex Dri-FIT fabric (solid) and 5.5-ounce, 87/13 polyester/spandex Dri-FIT fabric SM-XL EA 1 $68.00 $68.00 59 Polo, Men's Size XXL-4XL, White, A self-fabric collar and two-button placket.

Rolled-forward shoulder seams, Open hem sleeves and open hem. A contrast heat transfer Swoosh logo is on the left sleeve. Made of 5.4-ounce, 87/13 polyester/spandex Dri-FIT fabric (solid) and 5.5-ounce, 87/13 polyester/spandex Dri-FIT fabric XXL-4XL EA 1 $68.00 $68.00 60 Polo, Men's Size SM-XL, Midnight Navy, A self-fabric collar and two-button placket. Rolled-forward shoulder seams, Open hem sleeves and open hem.

A contrast heat transfer Swoosh logo is on the left sleeve. Made of 5.4- ounce, 87/13 polyester/spandex Dri-FIT fabric (solid) and 5.5-ounce, 87/13 polyester/spandex Dri-FIT fabric SM-XL EA 1 $68.00 $68.00 61 Polo, Men's Size XXL-4XL, Midnight Navy, A self-fabric collar and two-button placket. Rolled-forward shoulder seams, Open hem sleeves and open hem.

A contrast heat transfer Swoosh logo is on the left sleeve. Made of 5.4- ounce, 87/13 polyester/spandex Dri-FIT fabric (solid) and 5.5-ounce, 87/13 polyester/spandex Dri-FIT fabric XXL-4XL EA 1 $68.00 $68.00 62 Polo, Men's Size SM-XL, Anthracite , A self-fabric collar and two-button placket. Rolled-forward shoulder seams, Open hem sleeves and open hem.

A contrast heat transfer Swoosh logo is on the left sleeve. Made of 5.4- ounce, 87/13 polyester/spandex Dri-FIT fabric (solid) and 5.5-ounce, 87/13 polyester/spandex Dri-FIT fabric SM-XL EA 1 $68.00 $68.00 63 Polo, Men's Size XXL-4XL, Anthracite , A self-fabric collar and two-button placket. Rolled-forward shoulder seams, Open hem sleeves and open hem.

A contrast heat transfer Swoosh logo is on the left sleeve. Made of 5.4- ounce, 87/13 polyester/spandex Dri-FIT fabric (solid) and 5.5-ounce, 87/13 polyester/spandex Dri-FIT fabric XXL-4XL EA 1 $68.00 $68.00 64 Challenger Jacket, Size SM-XL, True Navy , 100% Teklon nylon shell with water-resistant finish,8.3-ounce, 100% polyester fleece lining, 2.5-ounce polyfill insulation, Double-needle stitching throughout, Interior pocket with hook and loop closure, Adjustable cuffs with hook and loop closures, Slash zippered pockets, interior zippered pocket SM-XL EA 1 $70.00 $70.00 65 Challenger Jacket, Size XXL-4XL, True Navy , 100% Teklon nylon shell with water-resistant finish,8.3-ounce, 100% polyester fleece lining, 2.5-ounce polyfill insulation, Double-needle stitching throughout, Interior pocket with hook and loop closure, Adjustable cuffs with hook and loop closures, Slash zippered pockets, interior zippered pocket XXL-4XL EA 1 $70.00 $70.00 Subtotal $2,961.00
66 Polo, Men's Size SM-XL, Diesel Grey,5-ounce, 100% poly pique with stay- cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents SM-XL EA 1 $35.00 $35.00 67 Polo, Men's Size XXL-4XL, Diesel Grey,5-ounce, 100% poly pique with stay- cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents XXL-4XL EA 1 $35.00 $35.00

SPECIALTY ITEMS
9 461
Description and Prices of Goods
IFB #25-108CO Citywide Custom Apparel
Item # Description SIZE UOM QTY Unit Price Line Total

STANDARD ITEMS
Pacific Coast Stitch
Murrieta, CA
68 Polo, Men's Size SM-XL, Spar Blue,5-ounce, 100% poly pique with stay-cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents SM-XL EA 1 $35.00 $35.00 69 Polo, Men's Size XXL-4XL, Spar Blue,5-ounce, 100% poly pique with stay- cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents XXL-4XL EA 1 $35.00 $35.00 70 Polo, Men's Size SM-XL, Blacktop,5-ounce, 100% poly pique with stay-cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents SM-XL EA 1 $35.00 $35.00 71 Polo, Men's Size XXL-4XL, Blacktop,5-ounce, 100% poly pique with stay- cool wicking technology, Flat knit collar, Rib knit cuffs, Triple-needle shoulders and hem, 3-button placket, Set-in, open hem sleeves, Side vents XXL-4XL EA 1 $35.00 $35.00 72 Tech Fleece 1/4-Zip Pullover, Size SM-XL, Black, 7.1-ounce, 100% polyester, Tag-free label, Taped neck, Chin guard for additional comfort, Cadet collar, Raglan sleeves, Left sleeve zippered pocket, Half rib knit, half self-fabric cuffs and hem SM-XL EA 1 $48.00 $48.00
73 Tech Fleece 1/4-Zip Pullover, Size XXL-4XL, Black, 7.1-ounce, 100% polyester, Tag-free label, Taped neck, Chin guard for additional comfort, Cadet collar, Raglan sleeves, Left sleeve zippered pocket, Half rib knit, half self-fabric cuffs and hem XXL-4XL EA 1 $48.00 $48.00
74 Polo, Women's Size SM-XL, Spar Blue,5-ounce, 100% poly pique with stay- cool wicking technology,Self-fabric collar, Flat knit cuffs, Arm seaming accent, Set-in, open hem sleeves, 6-button placket SM-XL EA 1 $35.00 $35.00 75 Polo, Women's Size XXL-4XL, Spar Blue,5-ounce, 100% poly pique with stay-cool wicking technology,Self-fabric collar, Flat knit cuffs, Arm seaming accent, Set-in, open hem sleeves, 6-button placket XXL-4XL EA 1 $35.00 $35.00 76 Lightweight French Terry Bomber, Women's Size SM-XL, Black, 6.5-ounce, 59/41 combed ring spun cotton/poly French terry, Tag-free label, Front pockets, 2x2 rib knit collar, cuffs and hem SM-XL EA 1 $36.00 $36.00 77 Lightweight French Terry Bomber, Women's Size XXL-4XL, Black, 6.5- ounce, 59/41 combed ring spun cotton/poly French terry, Tag-free label, Front pockets, 2x2 rib knit collar, cuffs and hem XXL-4XL EA 1 $36.00 $36.00 78 Double-Knit Bomber, Women's Size SM-XL, Anchor Grey, 8.3-ounce, 100% double-knit polyester,Rib knit collar and cuffs, Exposed zipper with matte black pull, Front pockets SM-XL EA 1 $48.00 $48.00
79 Double-Knit Bomber, Women's Size XXL-4XL, Anchor Grey, 8.3-ounce, 100% double-knit polyester,Rib knit collar and cuffs, Exposed zipper with matte black pull, Front pockets XXL-4XL EA 1 $48.00 $48.00 80 Class 2 Standard Hi-Vis Safety Vest, Size SM-XL, Lime SM-XL EA 1 $15.00 $15.00 81 Class 2 Standard Hi-Vis Safety Vest, Size XXL-4XL, Lime XXL-4XL EA 1 $15.00 $15.00 Subtotal $574.00
82 For items not specified herein, vendor must enter minimum percentage (%) discount offered to the City at the unit price (10% would be entered as .10).

Discount from vendor's price list shall remain firm throughout the term of the contract. LOT 1 $0.00 $0.00
83 Art Fee EA 1 $0.00 $0.00
84 Set-Up Fee, one time fee only upon award EA 1 $0.00 $0.00 85 Misc (please explain) EA 1
86 Please provide lead times for all deliveries (number of days after receipt of order)
DAY 1 10 Business Days
Total 3,535.00$

MISC ITEMS
10 462

AGENDA STAFF REPORT

City Council Meeting

CONSENT CALENDAR

Agenda Item No. 11.16
August 12, 2026
Clarifying Update to Personnel Policies and Procedures Manual Prepared By:

Maricela Mejia, Assistant Human Resources & Risk Management Director Recommended Action(s)
Staff recommends that the City Council adopt a Resoluon amending the Personnel Policies and Procedures Manual to clarify the City’s premium pay provisions and rafy the clarifying revision effective July 1, 2026.

Summary
The Personnel Policies and Procedures Manual (Manual) establishes the framework for employee rights, responsibilies, and workplace expectaons. The City Council previously approved revisions to the Manual, subject to a clarificaon that an employee may not receive double premium pay for the same hours worked. Staff is bringing this item back to formally incorporate that clarificaon into the Manual and to rafy the clarifying revision effecve July 1, 2026. The proposed language preserves the premium pay benefit approved by the City Council while making clear that, when two premium pay provisions could apply to the same hours worked, the employee will receive only one premium rate of pay for those hours. All other revisions to the Personnel Policies and Procedures Manual adopted at the June 24, 2026, meeting remain unchanged.

Background
Background:

The City Council has adopted a Personnel Policies and Procedures Manual applicable to all City employees. The Human Resources & Risk Management Division, in consultaon with the City A2orney’s Office, periodically brings proposed edits to the City Council for consideraon. At the June 24, 2026, meeng, the City Council approved revisions to the Manual, including premium pay provisions for specified holidays and certain special event, call-back, and on-call work. The Council’s approval was made subject to clarificaon that employees may not receive more than one premium 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752 951.361.0900 |
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rate of pay for the same hours worked. This item returns to the City Council to memorialize that clarification in the Manual and ratify the clarifying language to July 1, 2026.

REVISIONS:

SPECIAL EVENTS PREMIUM PAY:

Proposed Policy: Clarifies that non-exempt employees who work qualifying special events may receive premium pay at one and one-half (1.5) mes their regular rate of pay, while also clarifying that the employee cannot receive more than one premium rate of pay for the same hours worked.

CALL-BACK & ON-CALL PREMIUM PAY:

Proposed Policy: Clarifies that non-exempt employees who perform qualifying call-back or on-call work may receive premium pay at one and one-half (1.5) mes their regular rate of pay, while also clarifying that the employee cannot receive more than one premium rate of pay for the same hours worked.

WORK ON HOLIDAYS:

Proposed Policy:

Provides that employees working on the actual or observed holiday will be compensated at one and one-half (1.5) mes their regular rate of pay for work on Marn Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, or Labor Day. If the employee works both the observed holiday and the actual holiday, premium pay applies only to the day on which the employee works more hours. The revision further clarifies that the employee cannot receive more than one premium rate of pay for the same hours worked.

All other provisions of the Personnel Policies & Procedures Manual adopted on June 24, 2026, remain unchanged.

Environmental
There is no environmental impacts to the adoption of the personnel manual.

Strategic Plan Action - Priority Level: N/A
| Target #: N/A
| Goal #: N/A
Not applicable.

Fiscal Impact
Total annual fiscal impact is esmated at $11,343.14. Costs are incorporated into each department's General Fund personnel and overtime budget.

Prior City Council/Commission Action
The City Council first adopted the City’s Personnel Policies and Procedures Manual in 2013 by Resoluon 13-14. Ten revisions have occurred since then, with the most recent occurring in January 2025 by Resoluon 24-67. On June 24, 2026, the City Council approved revisions to the Manual subject to the clarificaon that employees may not receive double premium pay for the same hours worked.

Attachment(s)
Attachment 1 Resolution Amending Personnel Manual Revision.pdf

Attachment 2 Personnel Policies & Procedures Manual Eff. 07.01.2026 Revised.pdf

Attachment 3 Redline Personnel Policies & Procedures Manual Eff. 07.01.2026 Revised.pdf 12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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12363 Limonite Avenue | Suite 910 | Eastvale, CA 91752
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4892-8457-6447 v1

RESOLUTION NO. 26-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EASTVALE, CALIFORNIA, AMENDING THE CITY’S PERSONNEL POLICIES AND PROCEDURES MANUAL

WHEREAS, the City of Eastvale’s Personnel Policies and Procedures Manual (“Personnel Rules”) is the official document containing the employment policies of the City; and

WHEREAS, the Personnel Rules is a living document that is reviewed and updated as necessary or desirable to ensure the City’s employment policies are in compliance with applicable laws and regulations and to ensure the City is able to attract and retain top talent; and

WHEREAS, the Personnel Rules were last updated on January 1, 2025, by Resolution 24-67

WHEREAS, on June 24, 2026, the City Council approved revisions to the Personnel Rules to take effect on July 1, 2026; and

WHEREAS, the City Council’s approval was subject to clarification that an employee may not receive more than one premium rate of pay for the same hours worked; and

WHEREAS, the City Council desires to amend the Personnel Rules to incorporate clarifying language regarding premium pay and to ratify the clarifying amendment effective July 1, 2026.

NOW, THEREFORE, the City Council of the City of Eastvale does hereby resolve, determine, and order as follows:

SECTION 1. The above recitals are true and correct and are incorporated as a material part of this resolution

SECTION 2. The City Council hereby amends the Personnel Policies and Procedures Manual to incorporate the premium pay clarification attached hereto as Exhibit “A” and incorporated herein by reference.

SECTION 3. The clarifying amendment is ratified and shall be effective as of July 1, 2026.

SECTION 4. Ex cept as expressly amended by this Resolution, the Personnel Policies and Procedures Manual remains in full force and effect.

PASSED, APPROVED AND ADOPTED this 12th day of August, 2026.

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__________________________________________
Jocelyn Yow
Mayor

APPROVED AS TO FORM: ATTEST:

__________________________________________ __________________________________________ Erica Vega Marc A. Donohue, MMC
City Attorney City Clerk
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STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) §

CITY OF EASTVALE )

I, Marc A. Donohue , City Clerk of the City of Eastvale, California, do hereby certify that the foregoing City Council Resolution No. 26-__, was duly adopted by the City Council of the City of Eastvale, California, at a meeting held on the 12th day of August, 2026, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

____________________________________
Marc A. Donohue, MMC
City Clerk
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CITY OF EASTVALE PERSONNEL

POLICIES AND PROCEDURES
MANUAL
July 1, 2026

Adopted by Resolution 13-14
Revised by Resolution 15-01
Revised by Resolution 17-69
Revised by Resolution 17-75
Revised by Resolution 18-12
Revised by Resolution 18-41
Revised by Resolution 18-69
Revised by Resolution 19-27
Revised by Resolution 21-02
Revised by Resolution 23-54
Revised by Resolution 24-27
Revised by Resolution 24-67
Revised by Resolution 26-XX

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TABLE OF CONTENTS
Page
INTRODUCTION ................................ ................................ ................................ ........................ 1 ORGANIZATION ................................ ................................ ................................ ........................ 2 DEFINITIONS ................................ ................................ ................................ ............................. 3 CHAPTER 1 - EMPLOYMENT ................................ ................................ ................................ ... 6 SECTION 1.1 EQUAL EMPLOYMENT OPPORTUNITY ................................ ................. 6 SECTION 1.2 POLICY PROHIBITING DISCRIMINATION, HARASSMENT, AND RETALIATION ................................ ................................ .......................... 6 SECTION 1.3 DISABLED APPLICANTS AND EMPLOYEES ................................ .......... 6 SECTION 1.4 ACCOMMODATION FOR SINCERELY HELD RELIGIOUS BELIEF ................................ ................................ ................................ ................. 7 SECTION 1.5 LACTATION ACCOMMODATION ................................ ............................ 8 SECTION 1.6 RECRUITMENT/SELECTION OF EMPLOYEES ................................ ...... 9 SECTION 1.7 MEDICAL EXAMINATIONS ................................ ................................ .... 12 SECTION 1.8 NEPOTISM AND CONSENSUAL ROMANTIC RELATIONSHIPS .......... 13 SECTION 1.9 PROBATION ................................ ................................ ........................... 17 SECTION 1.10 PERFORMANCE EVALUATION AND PERFORMANCE
IMPROVEMENT PLANS ................................ ................................ ........ 18 SECTION 1.11 OUTSIDE EMPLOYMENT, ACTIVITY, OR ENTERPRISE / CONFLICT OF INTEREST ................................ ................................ ..... 19 SECTION 1.12 TRAINING OF EMPLOYEES ................................ ................................ 21 SECTION 1.13 POLITICAL ACTIVITIES OF PUBLIC EMPLOYEES ............................. 22 SECTION 1.14 USE OF CAMERAS, VIDEO SURVEILLANCE, AND GPS SYSTEMS ................................ ................................ .............................. 22 SECTION 1.15 USE OF CITY TECHNOLOGICAL RESOURCES ................................ . 22 SECTION 1.16 MANAGEMENT PREROGATIVES ................................ ....................... 22 SECTION 1.17 ACCEPTANCE OF GIFTS ................................ ................................ .... 23 SECTION 1.18 REMOTE WORK ................................ ................................ .................. 23 SECTION 1.19 EMPLOYEE’S HOME ADDRESS AND STATUS OF DRIVER’S LICENSE – DUTY TO UPDATE ................................ ............................. 23 SECTION 1.20 PERSONAL APPEARANCE, GROOMING AND DRESS CODE .......... 24 SECTION 1.21 NEWS MEDIA RELATIONS ................................ ................................ .. 25 SECTION 1.22 ATTENDANCE AND PUNCTUALITY ................................ .................... 25 SECTION 1.23 TOBACCO, E-CIGARETTE, VAPING POLICY ................................ ..... 26 SECTION 1.24 PERSONNEL RECORDS ................................ ................................ ..... 27 470
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CHAPTER 2 – CLASSIFICATION AND COMPENSATION................................ ...................... 30 SECTION 2.1 EMPLOYEE CLASSIFICATIONS/AUTHORIZED POSITIONS ................ 30 SECTION 2.2 WORKWEEK AND SCHEDULES ................................ ........................... 31 SECTION 2.3 PAYROLL PROCESSING ................................ ................................ ....... 33 SECTION 2.4 REST AND MEAL PERIODS – NON-EXEMPT (HOURLY) EMPLOYEES ................................ ................................ ......................... 35 SECTION 2.5 OVERTIME COMPENSATION/COMPENSATORY TIME OFF ............... 35 SECTION 2.6 BI-LINGUAL PAY ................................ ................................ .................... 36 SECTION 2.7 TEMPORARY ASSIGNMENTS ................................ .............................. 37 SECTION 2.8 CALL BACK PAY ................................ ................................ .................... 38 SECTION 2.9 ON CALL (STANDBY) PAY ................................ ................................ .... 38 SECTION 2.10 AUTOMOBILE ALLOWANCE ................................ ............................... 38 SECTION 2.11 PHONE ALLOWANCE ................................ ................................ .......... 39 SECTION 2.12 SALARY AND WAGE SCHEDULES ................................ ..................... 39 SECTION 2.13 ADVANCEMENT WITHIN THE SCHEDULE ................................ ......... 39 SECTION 2.14 CHANGES IN EMPLOYMENT STATUS ................................ ............... 40 SECTION 2.15 TRAVEL EXPENSES ................................ ................................ ............ 41 SECTION 2.16 EDUCATIONAL EXPENSE REIMBURSEMENT ................................ ... 41 CHAPTER 3 EMPLOYEE BENEFITS ................................ ................................ ...................... 43 SECTION 3.1 HOLIDAYS ................................ ................................ .............................. 43 SECTION 3.2 WINTER HOLIDAY CLOSURE ................................ ............................... 43 SECTION 3.3 INSURANCE BENEFITS ................................ ................................ ........ 44 SECTION 3.4 RETIREMENT BENEFITS ................................ ................................ ...... 46 SECTION 3.5 TEMPORARY PART-TIME EMPLOYEES ................................ .............. 48 CHAPTER 4 - LEAVE OF ABSENCE ................................ ................................ ...................... 49 SECTION 4.1 GENERAL INFORMATION ................................ ................................ ..... 49 SECTION 4.2 VACATION ................................ ................................ ............................. 49 SECTION 4.3 SICK LEAVE ................................ ................................ ........................... 51 SECTION 4.4 FAMILY CARE AND MEDICAL LEAVE; PREGNANCY DISABILITY LEAVE; MILITARY FAMILY LEAVE ................................ ....................... 52 SECTION 4.5 CIVIL AIR PATROL LEAVE ................................ ................................ .... 52 SECTION 4.6 CRIME VICTIMS’ LEAVE ................................ ................................ ........ 53 SECTION 4.7 VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT ............... 53 SECTION 4.8 MILITARY LEAVE ................................ ................................ ................... 53 SECTION 4.9 ORGAN AND BONE MARROW DONATION LEAVE .............................. 53 471
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SECTION 4.10 SCHOOL ACTIVITIES/SCHOOL APPEARANCE LEAVE ..................... 54 SECTION 4.11 VOLUNTEER FIREFIGHTERS, RESERVE

PEACE OFFICERS, AND EMERGENCY RESCUE PERSONNEL
LEAVE 55
SECTION 4.12 VOTING LEAVE................................ ................................ .................... 55 SECTION 4.13 PERSONAL LEAVE OF ABSENCE WITHOUT PAY ............................. 55 SECTION 4.14 JURY DUTY OR WITNESS APPEARANCE LEAVE ............................. 56 SECTION 4.15 EXEMPT EMPLOYEE LEAVE ................. Error! Bookmark not defined.

SECTION 4.16 BEREAVEMENT LEAVE ................................ ................................ ...... 58 SECTION 4.17 REPRODUCTIVE LOSS LEAVE ................................ ........................... 58 SECTION 4.18 INDUSTRIAL ILLNESS AND/OR INJURY LEAVE ................................ 59 SECTION 4.19 FITNESS FOR DUTY LEAVE AND EXAMINATION ............................. 60 CHAPTER 5 – EMPLOYEE CONDUCT, DISCIPLINE AND DISCIPLINARY APPEALS ......... 62 SECTION 5.1 GENERAL POLICY STATEMENT ................................ .......................... 62 SECTION 5.2 TYPES OF DISCIPLINARY ACTIONS ................................ .................... 62 SECTION 5.3 GROUNDS FOR DISCIPLINARY ACTION ................................ ............. 63 SECTION 5.4 DISCIPLINING AUTHORITY................................ ................................ ... 65 SECTION 5.5 MAJOR AND MINOR DISCIPLINE ................................ ......................... 65 SECTION 5.6 DISCIPLINARY PROCEDURES ................................ ............................. 66 SECTION 5.7 APPEAL PROCEDURES ................................ ................................ ........ 68 SECTION 5.8 PLACEMENT ON PAID ADMINISTRATIVE LEAVE PENDING DETERMINATION OF DISCIPLINARY ACTION ................................ .... 70 SECTION 5.9 TIME EXTENSIONS ................................ ................................ ............... 71 SECTION 5.10 DELIVERY OF NOTICES ................................ ................................ ..... 71 SECTION 5.11 DISCIPLINARY RECORDS ................................ ................................ .. 71 CHAPTER 6 – EMPLOYEE SAFETY ................................ ................................ ....................... 72 SECTION 6.1 DRUG- AND ALCOHOL-FREE WORKPLACE ................................ ....... 72 SECTION 6.2 EMPLOYEE SAFETY ................................ ................................ ............. 72 CHAPTER 7 – SEPARATION FROM EMPLOYMENT AND FURLOUGH ................................ 74 SECTION 7.1 RESIGNATION/RETIREMENT ................................ ............................... 74 SECTION 7.2 LAYOFF ................................ ................................ ................................ .. 74 SECTION 7.3 ABANDONMENT OF EMPLOYMENT ................................ .................... 76 SECTION 7.4 FURLOUGH AND REDUCTION OF HOURS ................................ .......... 76 ACKNOWLEDGEMENT OF RECEIPT ................................ ................................ ..................... 81 472
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INTRODUCTION
This Personnel Policies and Procedures Manual (“Manual”) applies to all employees of the City of Eastvale (“City”) and to others as indicated. An “employee” is generally defined as an individual whose work is within the usual course of the City’s business, and directed and controlled, or is subject to the direction or control, by the City with respect to the final results of the work and the details of when, where and how the work is to be done. This Manual contains Employment Policies of the City. Each Cit y employee is responsible for knowing and understanding its contents. In addition, each City employee is responsible for knowing, understanding, and adhering to any specific departmental policy.

Violations of the provisions of this Manual may be addressed as a performance matter and be grounds for disciplinary action. A violation will not make disciplinary action mandatory but will be given such weight as the City determines to be appropriate in view of all the circumstances Except as otherwise provided, any duties, responsibilities, powers, and authority granted by this Manual or the Personnel Ordinance to any person may be delegated, in writing, to another employee at the discretion of the delegating individual.

Nothing in this Manual shall be deemed to create a vested contractual right for any employee.

Amendments and revisions shall become effective upon adoption by the City Council, or at a later date specified by the City Council when adopting the amendments and revisions. If the terms and provisions of this Manual are inconsistent or in conflict with the terms and provisions of any prior City Personnel Policies and Procedures, resolutions, regulations, and/or policies governing the same subject, the terms of this Manual will prevail and such inconsistent or conflicting provisions or prior rules, resolutions, regulations, and/or policies are hereby repealed.

The City Manager is authorized to issue written guidelines to implement and enforce this Manual, and to make adjustments to avoid or eliminate inequities resulting from its application. Such guidelines shall have the City’s best interests as their paramount concern, and shall be consistent with applicable state and federal guidelines. The City Manager may delegate any of the powers and duties conferred upon the City Manager as the Personnel Officer to any other officer or employee of the City or may recommend that such powers and duties shall be performed under contract.

In the event of a conflict between this Manual and an Administrative Policy or a Department’s policy or procedure, this Manual shall control.

When any local, state, or federal ordinance, regulation, or law that is incorporated in this Manual or upon which this Manual relies is amended, this Manual shall be deemed amended in conformance with those amendments.

If any section, subsection, sentence, clause, or phrase of this Manual is found to be illegal by a court of competent jurisdiction, such findings shall not affect the validity of the remaining portions of this Manual.

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ORGANIZATION
The City was incorporated as a City on October 1, 2010. The City is governed by a City Council, consisting of five (5) persons, each elected for a term of four (4) years. The City Council generally meets twice a month, on the 2 nd and 4th Wednesday of each month, unless otherwise directed by the City Council.

The City Council adopts policies and specifies what City services are to be provided to City residents. Some of the services that the City provides includes public safety services (Police [through contract with the Riverside County Sheriff’s Department] and Fire [through contract with CalFire]), Building and Safety Services, Animal Control (through contract with Riverside County), Planning and Public Works.

The City Council’s policies are implemented by the City Manager, who is directly responsible to the City Council for the administration and implementation of the Council policies and priorities.

To assist the City Manager, the City employs a staff of admin istrative, technical and field personnel. The City further utilizes contractors to provide a number of City services. Contractors are not City employees.

The City’s activities and services are divided into functional departments, with Department Heads assigned to each department.
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DEFINITIONS
General Definition: All words and terms used in this Manual and in any personnel policies or procedures are intended to be defined as they are normally and generally defined in the field of personnel administration, unless a specific definition is provided in this Manual.

Specific Definitions:

Acting Appointment: An interim appointment of a current City employee by the City Manager to temporarily perform the full duties of a position with a higher maximum base rate of pay.

City: The City of Eastvale.

City Council: The City Council of the City of Eastvale.

Class/Class of position/Classification: All positions sufficiently similar in duties, authority, qualifications, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion, and salary.

Compensation: The salary, wage, allowance, and all other forms of valuable consideration earned by or paid to any employee by reason of service in any position, but does not include expenses authorized and incurred incidental to employment.

Classified Service: means the offices, positions and employments in the service of the City which are included or which may hereafter be included under the classified service system by ordinance, except the following: 1) Elected officers; 2) Members of appointed boards, com missions and committees; 3) Persons engaged under contract to supply expert, professional, or technical services for a definite period of time; 4) Volunteer personnel; 5) City Manager; 6) City Attorney; 7) Department heads; 8) Management classifications listed in appendix A to this Manual; and employees hired on or after July 1, 2026, in the management classifications listed in appendix B ; and 9) Employees serving in hourly, temporary, provisional, or seasonal appointments.

City Manager: The City Manager of the City of Eastvale or designee.

Days: Calendar days unless stated otherwise in these Rules.

Domestic Partner/Registered Domestic Partner: Means a member of a registered domestic partnership under California law.

Eligibility List: A list that contains the names of successful applicants according to their relative performance in the examination process and other terms set forth in this Manual. The applicants may be ranked in descending final ratings based on average scores through the interview process.

Eligibles: Persons who have taken an open -competitive examination or promotional examination and have qualified for placement on an eligibility list. 475
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Full-Time Employees: Employees who hold budgeted positions that normally require a 40-hour work week or that have been approved by the City Council to be a full - time position.

Furlough: Temporary, involuntary, non -disciplinary employee absence from duty that may be implemented by the City in addition to, or as an alternative to, layoff or other cost saving measures. Furlough time does not constitute a break in service for purposes of these Rules.

Human Resources and Risk Management Director: The Human Resources and Risk Management Director or designee, as may be designated by the City Manager.

Job Description: A written description of a class, identifying factors and conditions which are essential characteristics of the class, including the title, examples of duties and responsibilities which are typical of positions in the class, any factors or conditions which distinguish it from other classes, and necessary or desirable qualifications to perform the duties of positions in the class.

Lay-Off: The separation of employees from the active work force due to lack of work or funds, or organizational changes, or to the abolition of positions by the City Council for any of those reasons.

Personnel Officer: The City Manager is the Personnel Officer for all City employees, except for all positions for which appointing authority is reserved by the City Council or as otherwise provided in the Municipal Code. The City Manager may delegate their appointing authority to a Department Head Position: A group of duties and responsibilities assigned to an employee.

Probationary Period: An integral part of the selection process during which an employee is required to demonstrate fitness for his/her position based on actual performance of the duties of the position.

Reclassification: The reassignment of one position in a class to a different class by the City Manager in accordance with this Manual.

Reemployment List: A list of names of laid off employees, who may have reinstatement rights, for a specific classification or position.

Regular Full Time or Regular Part Time Employee: An employee in the classified service who has successfully completed the probationary period and has been retained in accordance with this Manual.

Resignation: The voluntary separation of a City employee from the City service. A written resignation is accepted upon receipt by the City and may not be withdrawn except by authorization of the City Manager when it is deemed that the City’s best interests are served by permitting resignation withdrawal.
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Salary Rate/Base Salary Rate: The dollar amount paid to an employee in accordance with the salary range for the employee’s class, exclusive of any overtime compensation, stipends, premium pay, or other wage augments.

Temporary Employee: A person who is employed by the City for a limited period of time for a specified, limited purpose. Temporary Employees may not work more than 1,000 hours per fiscal year, and full-time Temporary Employees may not work for longer than 6 continuous months. Temporary Employees are eligible for only those benefits required by applicable State and Federal laws. Temporary Employees are at-will employees and may be separated from employment at any time with or without cause. Temporary Employees are not subject to the terms and conditions of the following sections of this Manual: 1) Section 1.6 Recruitment; 2) Section 1.9 Probation; 3) Section 1.18 Telecommuting; 4) Section 2.6 Bi -lingual Pay; 5) Section 2.7 Temporary Assignments; 6) Section 2.8 Call Back Pay; 7) Section 2.9 On Call (Standby) Pay; 8) Section 2.10 Car Allowance; 9 ) Section 2.11 Phone Allowance; 10) Section 3.1 Holidays; 11) Section 3.4 Retirement; 12) Section 4.2 Vacation;13) Section 4.13 Personal Leave of Absence without Pay; 1 4) Section

4.14 Jury Duty; 15) Section 4.16 Bereavement Leave; and 16) Chapter 5. 477
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6 CHAPTER 1 - EMPLOYMENT
SECTION 1.1 EQUAL EMPLOYMENT OPPORTUNITY
The City is an equal opportunity employer and makes employment decisions on the basis of merit.

The City wants to have the best available persons in every job. The City’s policy prohibits unlawful discrimination based on race, religious creed, color, natio nal origin, ancestry, sex, age over 40, physical or mental disability, medical condition, pregnancy (including childbirth and related medical conditions or disabilities), sexual orientation, marital status, gender identity, gender expression, genetic characteristics or information, military or veteran’s status, reproductive health decision making, a combination of those characteristics, and/or any other characteristic protected by federal and/or state law. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics or a combination of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics or a combination of those characteristics, and any other basis protected by federal, state or local law or ordinance or regulation. The City is committed to treating all employees equally and fairly regardless of these actual or perceived characteristics or associations. All such discrimination i s prohibited. This policy applies to all City employees, applicants, interns, volunteers and persons providing services pursuant to a contract.

SECTION 1.2 POLICY PROHIBITING DISCRIMINATION, HARASSMENT, AND RETALIATION The City’s policy prohibits unlawful harassment and discrimination based upon an applicant or employee’s race, genetic information, religion, creed, color, sex, gender, gender identity, gender expression, sexual orientation, national origin, ancestry, military or veteran status, marital status, pregnancy, reproductive health decision -making, childbirth, breastfeeding, or a related medical condition, age over 40, medical condition, physical or mental disability, or a combination of those characteristics, or any other characteristic protected under state, federal, or local law.

The City also prohibits unlawful harassment and discrimination based on the perception that anyone has any of those characteristics or a combination of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics or a combination of those characteristics . In addition, the City prohibits retaliation because of the applicant or employee’s opposition to a practice he/she reasonably believes to constitute employment discrimination or harassment or because of his/her employee’s participation in an employment investigation, proceeding or hearing.

Applicants or employees who believe they have been harassed, discriminated against, or retaliated against, should report that conduct in accordance with the City’s complaint procedures.

Applicants and employees should review the City’s complete Policy Proh ibiting Discrimination, Harassment and Retaliation Policy.

SECTION 1.3 DISABLED APPLICANTS AND EMPLOYEES
The City has a commitment to ensure equal opportunities for disabled applicants and City employees. Every reasonable effort will be made to provide an accessible work environment for such employees and applicants. Employment practices (e.g., hiring, traini ng, testing, transfer, promotion, compensation, benefits, and disciplinary action) will not discriminate against disabled employees or applicants. The City provides employment-related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act ("FEHA") and the Americans with Disabilities Act ("ADA"). 478
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7 1.3.1 Request for Accommodation
An applicant or employee who desires a reasonable accommodation to perform essential job functions should make such a request in writing to Human Resources and Risk Management.

The request must identify: a) the job -related functions at issue; and b) the d esired accommodation(s). Reasonable accommodation can include, but is not limited to job restructuring, reassignment to a vacant position for which the employee is qualified, and making facilities accessible. In accordance with applicable law, the City may permit use of accrued leave or authorize a temporary unpaid leave as a reasonable accommodation, if such leave is reasonably expected to result in the employee’s return to work, with or without additional reasonable accommodation.

1.3.2 Reasonable Documentation of Disability
Following receipt of the request, Human Resources and Risk Management may require additional information, such as reasonable documentation of the existence of a disability or additional explanation as to the effect of the disability on the employee’s ability to perform the employee’s essential functions, but will not require disclosure of diagnosis or genetic history.

1.3.3 Interactive Process
The City will engage in the interactive process, as defined by the FEHA and ADA, to determine whether an applicant or employee is able to perform the essential functions of the position sought or currently held. During this process, the City will examine potential reasonable accommodations that will make it possible for the employee or applicant to so perform. Such interactive process will include a meeting with the employee or applicant, the City, their representatives (if any), and, if necessary, the employee or applicant’s health care provider.

1.3.4 Case-by-Case Determination
The City determines, in its sole discretion, whether reasonable accommodations(s) can be made, and the type of reasonable accommodations(s) to provide. The City will not provide an accommodation that would pose an undue hardship upon the City or that is not required by law.

The City will inform the employee of any decisions made under this section in writing.

1.3.5 Fitness for Duty Leave
While the City is engaged in the interactive process with an employee, the City may require that the employee be placed on a fitness for duty leave in accordance with Section 4.18.

SECTION 1.4 ACCOMMODATION FOR SINCERELY HELD RELIGIOUS BELIEF The City will make reasonable accommodations to the known sincerely held religious beliefs of a person during the hiring process and in the course of employment, if the accommodation would resolve a conflict between the person’s religious beliefs, unless doing so would impose an undue hardship on the City. The following procedure shall apply:

1.4.1 Procedure for Requesting a Religious Accommodation.

If a person believes that a religious accommodation is necessary, the person should submit a request for accommodation to Human Resources and Risk Management. This request may be 479
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8 made orally or in writing, however the City encourages written requests. Such requests should include the following relevant information:
a. A description of the accommodation requested;
b. The reason the accommodation is necessary; and
c. A description as to how the accommodation will resolve the conflict between the person’s religious beliefs or practices and the City’s application or employment requirements for the corresponding position.

Upon receiving the request, the City will invite the person to a meeting to explore potential accommodations that could resolve the conflict between the person’s religious beliefs and the City’s application or employment requirements for the corresponding position. The City may provide the person’s requested accommodation or may provide an alternative reasonable accommodation based on the City’s discretion, to the extent that an effective accommodation is available without imposing undue hardship on the City.

SECTION 1.5 LACTATION ACCOMMODATION
a. In accordance with applicable state and federal law, an employee who needs to express breast milk for the employee’s infant child will be permitted to take a reasonable amount of break time for that purpose, as a lactation accommodation. The break time mu st, if possible, run concurrently with any break time already provided to the employee. For non -exempt employees, break time that takes place outside of authorized paid rest time is unpaid. To the extent that break time would seriously disrupt the City’s operations, the City may limit the employee’s use of such time.
b. An employee seeking lactation accommodation must contact Human Resources and Risk Management by email, or via other written communication. The City will respond via email or other written document within a reasonable period of time to acknowledge the request.

Before implementing a lactation accommodation, the City will request input from the employee and the employee’s supervisor(s) regarding the anticipated timing of lactation break(s) and proposed location(s) for taking lactation breaks.
c. Following such a request, the City will provide written details to the employee regarding the terms of the lactation accommodation, which will include:
(i) Identification of a space, other than a bathroom, that is in close proximity to the employee’s work area, is safe, clean, free of hazardous materials, and that is shielded from view and free from intrusion while the employee is expressing milk. (A) The City will also ensure that the space contains a place to sit and a surface to place a breast pump and personal items and contains access to electricity or alternative devices (such as extension cords or charging stations) needed to operate an electric or battery-powered breast pump.
(B) If the designated space is a room that may also be used for purposes other than lactation, the City will ensure that the use of the room for expression of milk will take priority over other uses.
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9 (ii) Identification of a sink with running water and a refrigerator (or other cooling device suitable for storing expressed milk) that are in close proximity to the employee’s work area and that will be accessible for the employee’s use.

SECTION 1.6 RECRUITMENT/SELECTION OF EMPLOYEES
All persons considered for employment with the City shall be qualified to perform the duties of the position for which they may be employed. No individual who has served as an elected or appointed member of a legislative body of the City will be considered for employment with the City unless that individual is no longer serving as an elected or appointed official of the City and a period of one year has passed since their service as an elected or appointed official terminated.

As set forth in greater detail below, all new employees may, depending upon the job applied for, be required to undergo fingerprinting, background check, medical and/or psychological exams, polygraphs, and pre-employment drug testing before reporting for work. All employees shall be required to sign an Oath of Office pursuant to State law.

All new employees must provide and maintain necessary documentation to prove identity and the right to work in the United States in accordance with Federal and State Immigration and Naturalization laws (per I -9 Form). Failure to provide such documentation will result in disqualification from selection and/or grounds for immediate termination.

These steps establish a procedure for all phases of the employment process for regular full time and regular part- time employees. The City Manager, or designee, will administer and coordinate the hiring process for all position vacancies to ensure compliance with contractual, legal and equal employment opportunity requirements. All such hiring efforts are conducted in the spirit of equal opportunity and non- discrimination.

All regular full -time and regular part -time City appointments and promotions shall be based on merit and fitness and will be determined by the results of any or all of the following testing procedures: written test, practical skills examination, and/or oral interview.

1.6.1 Internal Recruitment
The City Manager, or designee, may first consider recruitment from within the City. Recruiting from within the City is considered an internal recruitment and must be recommended by the Department Head and approved by the City Manager.

It is the policy of the City to recruit from within the City organization whenever feasible and consistent with the City’s interests of developing and retaining talent. Electronic job-flyers will be prepared and disseminated to employees informing them of current openings, and qualified employees are encouraged to apply.

Full-time and part-time employees interested in internal opportunities shall follow the procedures below:
a. Employee(s) may submit a completed City Employment Application to Human Resources and Risk Management, by the position’s stated closing date. A supplemental questionnaire may also be required, as noted on the electronic job flyer. 481
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10 b. The Human Resources and Risk Management Director will notify the employee(s) if he/she will be interviewed or tested for the position. c. After successfully completing the selection process, and upon the City Manager’s approval, the selected employee(s) will be notified of their appointment to the position(s).

1.6.2 Open Recruitment
a. If an internal recruitment is not recommended or approved, the Human Resources and Risk Management Director, will seek candidates through a recruitment open to internal and external candidates.

The Human Resources and Risk Management Director will determine the best method for seeking candidates through open recruitment, including, but not limited to any of the following procedures:
job announcements in print and online, mailing lists and/or advertisements through professional associations and related outreach.

1.6.3 Examination Process
Examinations shall be conducted to assist with the selection of qualified candidates. Test selection techniques will examine the qualifications of the candidates. Tests may include, but are not limited to, written tests, personal interviews, performance te sts, physical agility tests, evaluation of daily work performance, work samples, or any combination of these. All examinations given will be job related and designed to determine a candidate’s knowledge, skills, and abilities to perform the essential job functions.

Pre- employment physical, medical, psychological, drug and alcohol tests may be given as part of any examination if required for performing the essential job functions. Any such examinations will be performed only after a conditional offer of employment has been made.

The City Manager, or designee, will ensure that all examination results remain confidential and that reasonable accommodations are made in examinations for persons with disabilities under the ADA and/or FEHA, when needed.

1.6.4 Interview Process
The employment interview is a significant part of the selection process. The interviewer’s function is to discover a candidate’s knowledge, skills, and abilities to perform the essential job functions.

Certain guidelines must be observed to ensure complian ce with State and Federal laws and to maximize the reliability of the interview process.

Interview questions must be job-related and designed to measure a candidate’s job knowledge, experience and education necessary to perform the essential job functions.

All interview panel members, if utilized by the City Manager, will be informed of the position responsibilities and requirements and each panel member must independently rate candidates using an objective measurement scale developed by the City.

Only the most highly rated candidate (s) will be considered for final evaluation and review. 482
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11 1.6.5 Reference Check
Before an offer of employment is extended, the City shall conduct a reference check on any candidate. The purpose of the reference check is to verify prior employment duties, dates of employment, performance record, attendance record, and any other pertinent information.

1.6.6 Criminal Conviction History
Except as otherwise required by law, the City will only inquire about criminal conviction history after it has issued a conditional offer of employment. Applicants who receive a conditional offer of employment may be requested to be fingerprinted and/or undergo a background screening, as part of the examination process. Refusal of an applicant or employee to be fingerprinted, failure to report for fingerprinting or failure to provide such information as is necessary to conduct a background check will be sufficient cause for disqualification for employment or termination from employment.

1.6.7 Rejection
The City may reject an applicant, at any point in the recruitment or hiring process, under any of the following circumstances:
a. The applicant does not possess the minimum qualifications required for the position;
b. The applicant failed to submit a complete application; c. The applicant has made any false statement, misrepresentation, or omission of any material fact, or who had practiced, or attempted to practice, any deception or fraud in the person’s application;
d. The applicant has not signed the application under penalty of perjury; e. The applicant did not submit the application in a timely manner; f. The applicant has otherwise violated provisions of these Rules; or g. The applicant has demonstrated other reasons which would indicate that the applicant is unfit for the position.

Applicants disqualified from further participation in the selection process will be promptly notified to permit submission of additional information provided that the time limit for receiving applications has not expired. Notice will be e-mailed to the last known e-mail address; it will be the applicant’s responsibility to keep the applicant’s current e -mail address on file. Whenever an application is rejected, Human Resources and Risk Management will e -mail notice of such rejection to the applicant.

In addition, applicants with the least desirable background or qualifications among a large number of applicants may be denied further participation in the selection process through an evaluation of their qualifications, thus providing a reasonable number of the best qualified candidates for consideration.
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12 1.6.8 Candidate Notification
After references are verified and a decision to provide a conditional job offer is made, the City will notify the selected candidate, in writing, and make an employment offer, contingent upon passing required health screening as defined in Section 1.7 below and successful completion of a criminal history check as provided in Section 1.6.5 above, as may be applicable. Once the candidate successfully completes the medical examination and criminal history check, as may be applicable, all other candidates, if any, will be notified in writing that they were not selected for the position and that they will remain on the eligibility list for a one year period.

SECTION 1.7 MEDICAL EXAMINATIONS
Following a conditional offer of employment, prospective employees may be required to complete a job related pre-employment medical examination. The City may require that employees take a psychological and/or a medical examination, as it deems necessary i n order to determine employees to be mentally and physically capable of performing the essential functions of the job.

Conditional offers of employment are made contingent upon passing this medical examination, however, the City will make reasonable accom modations to the special needs of any disabled individual as required by law. A licensed health care provider chosen by the City will perform such examination without cost to the prospective employee. The prospective employee will be required to complete a medical history questionnaire and a medical records release as necessary to facilitate the examination. The health care provider will indicate the employee’s fitness for employment on the examination form. Depending on the essential functions of a pos ition, a medical examination may be required for:
a. Applicants who have received a conditional offer of employment; b. Employees seeking a transfer from one position requiring general physical abilities to another position requiring physical abilities of a different nature; c. Employees returning to work from a medical leave of absence. The physician conducting the medical examination will be supplied with a current job description indicating the essential functions of the position; or
d. When a supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations and reports may be based on, but are not limited to, employee’s own self -report of potential unfitness, dexterity, coordination, aler tness, speech, vision acuity, concentration, response to criticism, interactions with the public, co -workers, and supervisors.

1.7.2 Confidentiality.

The results of all medical examinations will be kept confidential. Examination results for newly hired employees and employees transferring to another position will be kept in the employee’s confidential medical file. No employee will hold any position in which the employee is not able to perform the essential functions of the job, with or without reasonable accommodation. 484
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13 1.7.3 Regulatory Compliance.

Certain employees are subject to regulations issued by the Department of Transportation and/or the California Department of Motor Vehicles. All such employees must meet the standards set forth in those regulations as part of the hiring process and as part of continued employment.

SECTION 1.8 NEPOTISM AND CONSENSUAL ROMANTIC RELATIONSHIPS

1.8.1 Nepotism
a. Definitions:
(i) Applicant. A person who applies for a position at the City and is not a Current Employee.
(ii) Change of Status. A change in the legal status or personnel status of one or more Current Employees.
(A) Changes in legal status include but are not limited to marriage, divorce, separation, or any such change through which a Current Employee becomes a Family Member or ceases to be a Family Member of another Current Employee. (B) Changes in personnel status include but are not limited to promotion, demotion, transfer, resignation, retirement or termination of a Current Employee who is a Family Member of another Current Employee.
(iii) Current Employee . A person who is presently a City employee, or an elected or appointed City official.
(iv) Direct Supervision. One or more of the following roles, undertaken on a regular, acting, overtime, or other basis shall constitute Direct Supervision:
(A) Occupying a position in an employee’s line of supervision; or (B) Functional supervision, such as a lead worker, crew leader, or shift supervisor; or
(C) Participating in personnel actions including, but not limited to, appointment, transfer, promotion, demotion, layoff, suspension, termination, assignments, approval of merit increases, evaluations, and grievance adjustments. (v) Family Member. A spouse, domestic partner, parent, parent-in-law, step- parent, legal guardian, sister, step-sister, sister-in-law, brother, step-brother, brother-in-law, child, step-child, legal ward, daughter-in-law, son-in-law, grandchild, or grandparent. (vi) Prohibited Conduct. Conduct by Family Members including, but not limited to, one or more of the following:
(A) Participation directly or indirectly in the recruitment or selection process for a position for which a Family Member is an Applicant. 485
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14 (B) Direct Supervision of a Family Member that does not comply with limitations set forth in this policy;
(C) Conduct by one or more Family Members that has an adverse effect on supervision, safety, security or morale.
b. Applicants for Employment.
(i) Right to Apply . No qualified Applicant may be denied the right to file an application for employment and compete in the examination process. However, consistent with this policy, the City may reasonably regulate, condition, or prohibit the employment of an Applicant. (ii) Disclosure of Relationship . Each Applicant is required to disclose the identity of any Family Member who is a Current Employee. (iii) Review of Human Resources and Risk Management Director . For each Applicant who has a Family Member who is a Current Employee, the Human Resources and Risk Management Director shall assess whether any of the following circumstances exist:
(A) Business reasons of supervision, safety, security or morale warrant the City’s refusal to place the Applicant under Direct Supervision by the Family Member; or (B) Business reasons of supervision, security, or morale that involve potential conflicts of interest or other hazards that are greater for Family Members than for other employees, which warrant the City’s refusal to permit employment of Family Members in the same department, division, or facility.
(iv) Decision of the Human Resources and Risk Management Director . If the Human Resources and Risk Management Director determines that either of the above circumstances exist, the Human Resources and Risk Management Director shall exercise his or her discretion to either reject the Applicant or consider the Applicant for employment in a position that does not present either of the above circumstances. (A) Following examination, if the Applicant is successfully certified as eligible pursuant to Section 1.6.7, he or she may be employed in a position for which the Human Resources and Risk Management Director has determined that neither circumstance exists pursuant to Section 1.8.1.b.iii above.
(B) When an eligible Applicant is refused appointment by virtue of this section, his or her name shall remain on any employment list that has been created for openings in the same classification. For each opening, the Human Resources and Risk Management Director shall make a determination consistent with Section 1.8.1.b.iii above. c. Guidelines for Current Employees.
(i) Employees shall report a Change of Status to the Human Resources and Risk Management Director within a reasonable time after the effective date of the Change of Status. Wherever feasible, Employees shall report a Change of Status in advance of the effective date.
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15 (ii) Within thirty days from receipt of notice, the Human Resources and Risk Management Director shall undertake a case -by-case consideration and individualized assessment of the particular work situation to determine whether the Change of Status has the potential for creating an adverse impact on supervision, safety, security, or morale. (A) The Human Resources and Risk Management Director shall consult with the affected Department Head to make a good faith effort to regulate, transfer, condition or assign duties in such a way as to minimize potential problems of supervision, safety, security, or morale.
(B) Notwithstanding the above provisions, the City retains the right to exercise its discretion to determine that the potential for creating an adverse impact on supervision, safety, security, or morale cannot be sufficiently minimized and to take further action as set forth in Section 1.8.1.d.ii below.
d. Monitoring by Department Head.
(i) Following a Change of Status or new hire of a Family Member, affected Department Heads shall reasonably monitor and regulate both Family Members’ conduct and performance for a period of one year from the date of the Human Resources and Risk Management Director ’s determination . The Department Head shall document these actions.

Successive Department Heads may re-visit such a determination at their discretion. (ii) If the Department Head determines, subject to any applicable requirements of due process, that an employee has engaged in Prohibited Conduct, the Department Head shall re-visit the Human Resources and Risk Management Director’s determination. Depending on the severity of the Prohibited Conduct, the Department Head may recommend that the Human Resources and Risk Management Director take one or more of the following additional measures:
(A) Transfer one of the Family Members to a similar position that would not be in violation of this policy. The transfer will be granted provided the Family Member qualifies and there is an opening to be filled. There can be no guarantee that the new positio n will be within the same classification or at the same salary level. (B) If the situation cannot be resolved by transfer, one of the Family Members must separate from City employment. If one of the employees does not voluntarily resign, the employee with primary responsibility for the Prohibited Conduct will be discharged. (iii) Department Heads who receive complaints from other employees that one or more Family Members has engaged in Prohibited Conduct shall respond in accordance with existing complaint and disciplinary procedures, where applicable. (iv) Where situations exist prior to the effective date of this policy that may be in conflict with this policy , every effort shall be made to reasonably address the situation so as to avoid any future conflict.
e. Appeal of Human Resources and Risk Management Director Determination.

Current Employees and Applicants affected by the application of this policy, may appeal the action to the Human Resources and Risk Management Director within ten days of the action. The Human Resources and Risk Management Director shall hear the individual’s concerns and issue a written decision within 30 days of receipt of the individual’s appeal. An individual who is dissatisfied with 487
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16 the Human Resources and Risk Management Director’s decision may appeal to the City Manager within five days of receipt of the Human Resources and Risk Management Director ’s decision.

The City Manager shall hear the individual’s concerns and issue a written decision within 30 days of the receipt of the individual’s appeal. The decision of the City Manager is final, and no other appeal may be had unless the employee is entit led to further administrative appeal under other provisions of this Manual.
f. Employee Complaints. Employees who believe that they have been adversely affected by Prohibited Conduct by one or more Family Member should submit complaints to a Department Head or to the Human Resources and Risk Management Director. g. Savings Clause. Should any provision of this policy, or any application thereof, be unlawful by virtue of any federal, state, or local laws and regulations, or by court decision, such provision shall be effective and implemented only to the extent permitted by such law, regulation or court decision, but in all other aspects, the provisions of this Article shall continue in full force and effect.

1.8.2 Consensual Romantic Relationships Between Employees a. General. Consensual romantic or sexual relationships between City employees can lead to misunderstandings, complaints of favoritism, adverse effects on employee morale, and possible claims of sexual harassment during or after termination of the relationship. As a result, such relationships present existing or potential conflicts that adversely affect efficient operation of the City. Relationships that present an actual conflict under this Section are therefore prohibited.
b. Application. This section shall apply to all City employees, regardless of gender or sexual orientation, who have a romantic or sexual relationship with another City employee. The provisions of Section 1 .8.1 regarding nepotism shall govern employees who marry or become domestic partners with another City employee.
c. Definition of Conflict . For purposes of this section, a conflict exists if business issues of supervision, safety, security, and/or morale would be impacted by a romantic or sexual relationship between two employees.
d. Supervisor’s Duty to Report. If a romantic or sexual relationship exists between a Supervisor and another employee (including another Supervisor), the Supervisor shall promptly disclose the relationship to the Human Resources and Risk Management Director and request a determination as to whether the relationship presents a conflict. The disclosure must identify the names and positions of both employees. A Supervisor’s failure to comply with this section shall be grounds for discipline up to and including termination. e. Determination by Human Resources and Risk Management Director. Within five working days, the Human Resources and Risk Management Director shall issue a written determination as to whether the relationship presents a conflict, and is thereby prohibited. The Human Resources and Risk Management Directo r, in consultation with the City Manager, shall have exclusive discretion in making the determination.
f. Resolution of Conflicts. Subject to limitations imposed by the Municipal Code and applicable provisions of this Manual, the City Manager or designee will attempt in good faith to work with the Supervisor and the other employee to consider options to eliminate the conflict, 488
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17 including removing the Supervisory authority that created the conflict, reassignment, transfer or voluntary demotion of a Supervisory employee, or where the City Manager or designee determines that modification of a Supervisor’s assignment is not feasible, reassignment, transfer or voluntary demotion of a non -Supervisory employee. The City Manager or designee retains discretion to determine that the conflict may be resolved via voluntary resignation or termination only.
g. Prohibited On-Duty Conduct. All City employees are prohibited from engaging in intimate, physical, or other conduct in furtherance of a romantic or sexual relationship with another City employee at City facilities or assigned work locations, including off -site meetings, conferences, and similar activities. Such conduct is further prohibited during work hours.

Moreover, upon termination of a sexual or romantic relationship with another City employee, employees are prohibited from engaging in behavior that adversely affects the working conditions of any City employee. In general, all employees are expected to observe appropriate standards of workplace conduct in their interactions with other City employees. h. Complaints. Employees who believe that they have been adversely affected by romantic or sexual relationships between City employees should follow the complaint procedures provided under the City’s Policy Against Harassment, Discrimination, and Retaliation. The complaint procedures are available to all employees regardless of their past or present participation in a romantic or sexual relationship with another City employee.

SECTION 1.9 PROBATION
The probationary period is an integral part of the employment process and provides the opportunity to observe the employee’s work and assist the employee’s adjustment to the new position. This section only applies to regular full-time and regular part-time classifications. This section does not apply to at-will management employees.

1.9.1 Duration
All regular employees shall serve probationary periods, and all newly hired employees will serve a minimum one-year probationary period. Employees promoted into a higher-level position shall serve a six -month promotional probationary period. Probationary periods may be extended in accordance with this Manual and as permissible by law.

1.9.2 Rejection of Probationer
When initially hired into a full -time position, every person hired by the City shall be considered probationary until either granted regular status by the City Manager, upon recommendation of the Department Head, or by default at the conclusion of one year . Probationary employees do not have property or vested rights to their position with the City and are considered at-will employees.

During the probationary period, an employee may be rejected at any time by the City Manager without cause and without the r ight of appeal. Notification of rejection in writing shall be served on the probationer and a copy shall be filed with the Human Resources and Risk Management Office.

1.9.3 Extensions
a. Prior to the end of any probation period, the probation period may be extended by a maximum of twelve (12) additional months with the approval of the City Manager, or designee. 489
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18 b. Periods of time off work during unpaid absences will automatically extend the probationary period by the number of days of the absence. Further, periods of time on paid leave exceeding 20 consecutive working days will extend the probationary period by a c orresponding number of days.
c. The employee will be notified in writing of such an extension.

1.9.4 Rejection from Promotional Probation or Employee Initiated Transfer Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which the employee was promoted if it remains vacant, unless:
a. Charges are filed and the employee is discharged in the manner provided in these rules for positions in the classified service;
b. No vacancy exists for the classification to which the employee would revert; or c. No funding is available in the classification to which the employee would revert.

If there is no vacancy in the employee’s prior position or a similar position or if no such position is funded, the employee may request to be placed on a reemployment list.

1.9.5 Probationary Period Following Demotion, Transfer, Reinstatement or Reemployment a. Demotion. A new 12-month probationary period will be required following demotion, unless waived by the City Manager. When an employee demotes from one department to another department, a new probationary period will be served in the new department. b. Transfer. A new 12-month probationary period will be required following transfer, unless waived by the City Manager. When an employee transfers from one department to another department, a new probationary period will be served in the new department. c. Reinstatement. A new 12 -month probationary period will be required upon reinstatement to a position, unless specifically waived in writing by the City Manager d. Reemployment. Persons appointed to positions by reemployment must serve a new 6 -month probationary period, unless the appointment is to the same class in the same department where the person previously successfully completed a probationary period.

SECTION 1.10 PERFORMANCE EVALUATION AND PERFORMANCE IMPROVEMENT PLANS
The purpose of the performance evaluation is to accurately assess the employee’s overall job performance, and to set goals with the employee that further job knowledge and enhance skills and abilities. Performance Improvement Plans may be implemented base d on the Department Head’s sole discretion, are not disciplinary in nature, and aim to assist employees better perform their job duties.

1.10.1 Performance Evaluation
All regular full-time employees, regular part-time employees, and part-time employees will receive a comprehensive performance evaluation from their immediate supervisor annually. The 490
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19 evaluation period may be extended if the employee takes time off work as follows: 1) unpaid absences will automatically extend the evaluation period by the number of days of the absence ; and 2) paid leave exceeding twenty (20) consecutive working days will extend the evaluation period by a corresponding number of days. The employee will be notified in writing of such an extension.

Newly hired City employees, who are subject to a probationary period, may receive an optional performance evaluation during the probationary period, generally six (6) months after the hire date at the City Manager’s sole discretion. In the event more than one (1) person supervises an employee, all supervisors are required to participate in the performance evaluation process.

Except for the optional performance evaluation during the probationary period, employees may be eligible for a merit increase in conjunction with their annual performance review.

At-will management positions may receive an optional performance evaluation at the City Manager’s discretion.

Performance evaluations will be prepared on a City performance evaluation form, discussed with the employee, and placed in the employee’s personnel file where it can be examined by the employee at reasonable times upon request. An employee may receive additional performance appraisals from time to time whenever it is considered appropriate by the employee’s supervisor(s). Employees will be required to submit their self -evaluation, accomplishments and goals to their supervisor, prior to the preparation of the performance evaluation.

An employee may file a written response to a performance evaluation, regardless of the overall rating, within thirty (30) working days, which will be placed with the evaluation in the employee’s personnel file. The written response shall be prepared by the employee on their own time. City time and resources may not be used to prepare the written response. There is no requirement for management to respond in writing to the employee’s written response. Performance evaluations provided under this section are not subject to appeal or grievance.

1.10.2 Performance Improvement Plans
An employee’s Department Head, or designee, may place an employee on a Performance Improvement Plan (“PIP”) to correct an employee’s failure to meet departmental performance expectations on a consistent basis. The PIP is designed to clarify performance expectation for employees. It is a supplement to, not a replacement for, an employee’s job description detailing the employee’s job duties. A PIP will provide employees, among other things, with the following:
1) specific areas for improvement; 2) recommendations regarding strategies to improve the employee’s job performance; 3) periodic evaluation of the employee’s adherence to the PIP; and 4) timeline indicating the PIP’s duration. At the conclusion of a PIP period, one of the following will occur: 1) the PIP will be concluded because the employee has successfully met the expectations; 2) the PIP will be extended; or 3) disciplinary action will be taken.

SECTION 1.11 OUTSIDE EMPLOYMENT, ACTIVITY, OR ENTERPRISE / CONFLICT OF

INTEREST
As a public agency, the City must be particularly sensitive to real, potential, or perceived conflicts of interest. The City expects all employees to adhere to the highest ethical and professional standards. City employees are employed on the condition tha t employment with the City is their primary employment and that they shall not engage in any employment, activity or enterprise for compensation which is inconsistent, incompatible or in conflict with his/her duties, functions or 491
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20 responsibilities as a City employee. The purpose of this policy is to establish guidelines for City employees regarding dual employment or outside activities that may conflict with City employment.

No City employee shall use his/her name as an employee of the City to seek benefit from any commercial or business enterprise. No employee shall approve or utilize the name, uniform or prestige of the City, or any City department, for any such purpose. Bec ause of their knowledge and expertise, outside employment or other income opportunities may become available to City employees. If an employee is considering such an opportunity, he or she must fully disclose the employment opportunity to the City and to have it carefully reviewed to avoid conflict of interest.

Failure to disclose outside employment or potential business opportunities that may create a conflict of interest is grounds for disciplinary action up to and including termination.

Employees shall notify the City Manager in writing if they are considering the following:
a. Simultaneous employment by any other employer;
b. Participation in an outside business on their own or with others; or c. Involvement in any other outside activity where they receive any form or amount of compensation.

The City Manager or designee shall determine if a conflict exists. If a conflict of interest or scheduling problem exists, the City may terminate the employee’s City employment unless the employee elects to resign from the other employment or outside activity.

An employee’s outside employment, activity or enterprise may be prohibited if it:
a. Involves the use of City time, facilities, equipment and supplies, the badge, uniform prestige or influence of his/her City department or employment for private gain or advantage. 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 or hours of his/her City employment or as a part of his/her duties as a City employee.
c. Involves the performance of an act in other than his/her capacity as a City employee which may later be subject directly or indirectly to the control, inspection, review or audit, or enforcement of any other employee to the department by which he/she is employed. d. Involves such time demands as would render performance of his/her duties as a City employee less efficient.

Procedure for obtaining approval:
a. The employee shall request authorization of outside employment from the employee’s Department Head, or designee by completing the Authorization for Outside Employment Form prior to entering into the requested outside employment. b. The employee’s Department Head, or designee shall authorize outside employment in accordance with this policy. In the event a request for outside employment is denied, written comments will be provided to the employee. 492
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21 c. The employee’s Department Head, or designee shall furnish the requesting employee a copy of the Authorization for Outside Employment indicating approval/denial and forward a copy to the employee’s personnel file.
d. The employee may appeal the decision determining that the outside employment or activity is prohibited to the City Manager by submitting a written appeal to the City Manager within ten days of such determination. Failure of the employee to submit a timely written appeal shall waive the employee’s right to such appeal. The written appeal shall include reasons that the employee believes the determination that the outside employment/activity is not prohibited under this policy.
e. Within ten days of receiving the employee’s written appeal, the City Manager shall issue a decision either affirming or reversing the determination regarding the employee’s outside employment/activity. The City Manager’s decision shall be final and bindin g and not subject to any further appeal. An employee who continues outside employment/activity after a determination that such outside employment/activity is prohibited is subject to disciplinary action, including and up to termination of employment.

Every public employee who makes or influences governmental decisions is required to submit a Statement of Economic Interest, also known as the Form 700. The Form 700 provides transparency and ensures accountability. It provides necessary information to the public about an employee’s personal financial interests to ensure that officials are making decisions in the best interest of the public and not enhancing their personal finances, and it serves as a reminder to the employee of potential conflicts of inter est so the official can abstain from making or participating in governmental decisions that are deemed conflicts of interest. The City shall determine positions which fall under the above requirements and notify employees accordingly for submittal of initial and annual statements.

SECTION 1.12 TRAINING OF EMPLOYEES

1.12.1 Policy
a. Subject to Department Head approval, City employees are eligible to request specialized training such as conferences, seminars, special courses, etc. at the City’s expense when job related, and where such training also provides a benefit to the City. Training programs may include lectures, course s, demonstrations, webinars, professional association sponsored meetings, or such other examples for the purpose of improving the effectiveness and increasing the knowledge of employees in the performance of their respective duties.

Participation and approval for training shall be at the Department Head’s sole discretion and subject to the limitations of the City’s budgeted resources. The City Manager, Department Heads, and Supervisors shall strive to ensure that employee training res ources are distributed in an equitable manner, while taking into consideration the business necessity of the City for achieving various training needs. Costs associated with training may include registration, lodging, meals, and transportation, on a case - by-case basis. Means of transportation will be recommended and approved by the City Manager in accordance with the City’s administrative policies on Travel and Reimbursement, as they may be amended from time to time. 493
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22 1.12.2 Mandatory Training
Employees may be required to attend mandatory trainings periodically as determined by the City Manager.

SECTION 1.13 POLITICAL ACTIVITIES OF PUBLIC EMPLOYEES
The political activities of City employees are governed by the provisions of Government Code Section 3201, et. seq. In addition and pursuant to Section 3201, City employees are not permitted to participate in any political activity while in the uniform of his/her employment unless on official City business. Further, City employees are not permitted to conduct or engage in any political activity or purpose during those hours that he/she should be discharging the duties of his/her position.

SECTION 1.14 USE OF CAMERAS, VIDEO SURVEILLANCE, AND GPS SYSTEMS The City utilizes video surveillance and camera systems in the workplace for business purposes including the safety and security of employees. Such cameras and video systems are located in open areas and lobbies. Employees do not have an expectation of pri vacy related to the City’s use of these cameras and video surveillance.

The City also maintains GPS devices on all City vehicles. Employees do not have an expectation of privacy related to the City’s use of these GPS devices.

SECTION 1.15 USE OF CITY TECHNOLOGICAL RESOURCES
City employees shall adhere to the City’s administrative policy on Use of City Technological Resources, as such administrative policy may be amended from time to time.

SECTION 1.16 MANAGEMENT PREROGATIVES
The City retains, whether exercised or not, solely and exclusively, all express and inherent rights and authorities with respect to determining the level of, and the manner in which, the City’s activities are conducted, managed and administered. These management rights include, but are not limited to the following:
a. The right and authority to schedule work and/or overtime work. b. The right to direct work. An employee’s job description does not restrict the type of work to which the employee can be assigned.
c. The right to discipline or to discharge employees, where applicable, subject to the procedures set forth in these Rules.
d. The right to determine assignments and to establish methods and processes by which assignments are performed.
e. The right to transfer employees within departments and to positions outside a department in a manner most advantageous to the City.
f. To evaluate employees and to schedule when an employee’s performance evaluation will occur.
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23 g. The right to determine the compensation and benefits that will be paid or provided to employees.
h. The right to make employment decisions.

SECTION 1.17 ACCEPTANCE OF GIFTS
Employees shall adhere to the Political Reform Act and Fair Political Practices Commission (FPPC) regulations with respect to the acceptance and reporting of gifts, and with the City’s administrative policy on Ticket and Pass Distribution, as it may be amended from time to time.

Employees shall not accept compensation of any sort from anyone other than the City as consideration for the performance of an act which the employee would be required or expected to render in the regular course or hours of his/her City employment or as part of his/her duties as a City employee.

Employees who are designated under the Political Reform Act and the City’s Conflict of Interest Code to provide an economic interest disclosure shall submit the required FPPC Form 700 upon entering office, annually, and upon exiting office, under the direction and coordination of the City Clerk, or designee.

SECTION 1.18 REMOTE WORK
The City maintains a stand-alone Remote Work Policy, employees should refer to the stand-alone policy for details regarding suitable remote work arrangements. As more detailed in the stand - alone policy, some positions are ineligible for remote work and are exclusively in-person.

SECTION 1.19 EMPLOYEE’S HOME ADDRESS AND STATUS OF DRIVER’S LICENSE –

DUTY TO UPDATE

1.19.1 Home Address and Related Changes
All City employees shall notify Human Resources and Risk Management regarding any change in their home address, telephone number, email address, and emergency contact information.

1.19.2 Driver’s License Changes
a. The possession of a valid California Driver’s License may be a requirement for certain City employment positions. Convictions of certain offenses or administrative action by the Department of Motor Vehicles may restrict or prohibit an employee’s ability to drive City vehicles or operate City equipment. Therefore, all employees who are required to drive a City vehicle or operate City equipment, shall promptly notify their supervisor, and the supervisor shall ensure that Human Resources and Risk Management is immediately updated on any change, temporary or permanent, in Driver’s License status.
b. These changes will be reported in writing directly to Human Resources and Risk Management. The changes will be recorded in the employee’s personnel file. . c. Changes in Driver’s License Status will be evaluated by the employee’s department head on a case -by-case basis to determine whether the employee can fulfill the 495
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24 essential duties of the position, as a result of a change involving temporary suspension or full revocation.

SECTION 1.20 PERSONAL APPEARANCE, GROOMING AND DRESS CODE The appearance employees project to the public and others they come in contact with while at work directly reflects on the City. In the interest of presenting a professional image to the public, the City requires all employees to observe good habits of dress, grooming, and personal hygiene.

Subject to the CROWN Act, and any other applicable law, employees must always maintain a professional image.
a. Non-uniformed employees are required to dress each day in business casual dress.

Business casual wear is a style of dress which projects a professional, business-like image while still permitting employees to wear more casual and relaxed clothing. Busin ess casual does not include play wear, leisure wear, or beach wear. Clothing and footwear should be clean and in good repair. It may not be faded, torn, frayed, or revealing. (i) Examples of appropriate business casual wear include, but are not limited to, khaki, “Docker type”, gabardine, or wool slacks; polo, collared, or short -sleeved dress shirts; twin sets; sweaters; casual dresses and skirts; and loafer, flat, or dress sandals. (ii) Examples of inappropriate clothing include, but are not limited to, sweat pants, overalls, t -shirts (other than those provided by the City), sweatshirts (other than those provided by the City), halter tops, tops that are backless or have a low-cut neckline, any shirt with inappropriate language or artwork, athletic shorts, mini-skirts, clothing that is transparent or see- through; dresses with spaghetti straps, hats for in -office staff, or flip flops , including “crocs” or “slippers.”
(iii) Upon the approval of an employee’s Department Head, an employee may wear casual attire on a day other than a designated casual dress day, if the employee has been assigned a task that would be unsuited to business casual or formal business attire. b. Formal Business Attire. Employees should always consider each day’s activities when determining what to wear. If an employee is representing the City at a meeting (including City Council and Commission meetings), formal business attire should be worn. c. Grooming. As part of the professional image presented to the public by the City, employees should appear for work in a clean, well-groomed manner. d. Uniforms. Uniformed employees are expected to wear their uniforms when performing normal work activities, regardless of the time of day or day of the week. All uniforms are still expected to be clean and in good repair. Uniformed employees shall not wear their uniforms while off duty, except during brief stops to and from work and during breaks, such breaks and brief stops do not include time an employee spends running personal errands. Employees may be eligible for a uniform allowance depending on their job classification. e. Tattoos. Employees may not display via tattoo, branding, or other form of body art (“collectively tattoo ”) any obscene or offensive images, phrases, or expressions (including profanity and nudity) during their work shift if such material is, or may become visible to others during the employee’s work activities while on duty. Employees who have a tattoo, shall reasonably ensure that is not displayed in violation of this requirement by completely covering the 496
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25 tattoo with a skin -toned patch, long -sleeved uniform shirt, or other material approved by their respective department head. Employees with tattoos that are not prohibited but which the employee chooses not to display, may use similar covering options. Pu rchase of optional or mandatory covering options may be an appropriate use of uniform allowance for eligible employees.
f. Safety. The City may impose additional restrictions on an employee’s attire or grooming when there are safety concerns. Any such restrictions shall be issued in writing. g. Exceptions. The City Manager may grant exceptions to this policy if requested by an employee as a reasonable accommodation on the grounds that the application of this policy would infringe on an employee’s protected characteristics as set forth in Section 1.1 of this Manual, or any other legally protected status.

SECTION 1.21 NEWS MEDIA RELATIONS
From time-to-time, the City, its officials and employees are contacted by representatives of the news media, including press, radio and television. The ultimate authority and the individual responsible for the release of information to the media on behalf of the City is the City Manager.

Any media requests for information on behalf of the City shall be referred to the City Manager or his or her designee. At no time shall a City employee make any comment or release any information to the media on behalf of the City without prior approval from the City Manager or his or her designee.

SECTION 1.22 ATTENDANCE AND PUNCTUALITY
a. Attendance. Employees shall be in attendance on time at their workstation or location. Employees will make every effort to schedule personal appointments outside their working hours. Employee adherence to the rules governing attendance, leaves of absence and tardiness will be reviewed and evaluated during the employee’s annual performance evaluation.

All supervisors will keep track of employee attendance records, which will be reported to Human Resources and Risk Management.
b. Tardiness. It is the responsibility of the employee to arrive at work on or before the assigned time each day. If for some reason beyond the control of the employee, it is not possible for the employee to come to work on time, arrangements in advance with the Department Head must be made at the earliest possible time. In no case will repeat tardiness be tolerated. c. General Absences . Pre -authorized vacations, floating holidays, authorized compensatory time off, authorized paid/unpaid leaves of absence due to bona fide illness or injury, jury duty, bereavement, or other City leaves are the only types of absences permitted. All others will be considered a violation of this Manual.
d. Unauthorized Absences.

An employee who is absent for a full shift without authorization may be considered on an unauthorized leave of absence. An unauthorized leave of absence may be grounds for disciplinary action or a determination of job abandonment under these Rules. 497
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26 SECTION 1.23 TOBACCO, E-CIGARETTE, VAPING POLICY
Employees shall not smoke, or use tobacco, e -cigarettes, or vape in any City facility or vehicle, or within twenty feet of any City facility, or while on duty in City uniforms. A violation of this policy shall result in disciplinary action.

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27 SECTION 1.24 PERSONNEL RECORDS

1.24.1 Establishment
An employee’s official personnel file will contain all records concerning personnel actions taken, including, but not limited to, performance evaluations, benefit enrollment forms, educational courses taken, and all employment related documents that give a complete employment history.

The City Manager or designee shall keep personnel records confidential to the extent permitted by law. Personnel files may be viewed by the employee upon request. Employee medical information shall be kept in files separate from the official personnel file. Likewise, any grievances filed by an employee as well as documents reflecting a review of such grievances shall be maintained in separate confidential files.

1.24.2 Maintenance
Employees are required to inform the Human Resources and Risk Manage ment Director , or designee, of any changes in name, address, telephone number, marital status, family status, beneficiary, or other information on file. This ensures that state and federal withholding statements, insurances and retirement records are correct. Employees may be liable for any costs incurred by the City as a result of inaccurate personnel information.

1.24.3 Release of Information Concerning City Personnel To ensure personnel information is appropriately and accurately disseminated, the Human Resources and Risk Management Director, or designee will authenticate personnel reference checks and employment verifications, and confidentially handle financial inquires originating from banks, credit unions, etc. regarding current and past City employees. Responses to third party inquiries, including financial inquiries, will be released only upon written employee authorization.

1.24.4 Procedures for Release of Information
a. All outside inquiries and reference checks shall be in writing and shall be forwarded to the Human Resources and Risk Management Director, or designee for response. The Human Resources and Risk Management Director or designee may consult with the City Atto rney as to the release of the requested information. All calls for reference checks should be referred to the Human Resources and Risk Management Director.
b. Financial information will be released only after a written request has been submitted to the Human Resources and Risk Management Director or designee by the entity requesting the information, and the employee has executed a written approval to release the requested information. The Human Resources and Risk Management Director, shall verify the authenticity of the written approval to release the requested information prior to releasing an employee’s financial information.
c. The Human Resources and Risk Management Director or designee shall comply with applicable Federal and State laws regarding release of public employee information and shall consult with the City Attorney whenever there are questions concerning the release o f an employee’s information. Nothing in this section shall be construed as prohibiting the City from releasing information required by law, including but not limited to a subpoena or court order. 499
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28 d. Any employee who receives a request for a personal reference by a former or current employee is required to forward that request to the Human Resources and Risk Management Director. Only the City Manager and the Human Resources and Risk Management Director or their designees are authorized to provide references for former or current employees on behalf of the City. No other employee is authorized to provide such written or verbal references or recommendations for former or current employees. Further, no other employee is authorized to respond to questions from persons outside the City about former or current employees regarding their work performance.

1.24.5 Employees with Access to Confidential Information In performing their duties, employees may have access to confidential information, including employees’ personnel files and the personal, financial and medical information of other City employees. In addition, some City employees will be involved in some c ommunications with the City Attorney’s Office which can be protected by the Attorney -Client privilege. Employees with such access are required to keep such information confidential.

1.24.6 Personnel/Payroll Files – Right to Inspect
a. California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee's performance or to any grievance concerning the employee. b. Inspections shall be allowed at reasonable times and intervals, but not later than 30 calendar days from the date the City receives a written request. Upon a written request from a current or former employee, or a representative, the City shall provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not less than 30 calendar days from the date the City receives the request.
c. To facilitate the inspection, the City shall (1) maintain a copy of each employee's personnel records for a period of not less than three years after termination of employment, (2) make a current employee's personnel records available for inspection, and i f requested by the employee or representative, provide a copy at the place where the employee reports to work, or at another location agreeable to the employer and the requester. If the employee is required to inspect or receive a copy at a location other than the place where he or she reports to work, no loss of compensation to the employee is permitted, (3) make a former employee's personnel records available for inspection, and if requested by the employee or representative, provide a copy at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. The City is not required to make those personnel records or a copy available at a time when the employee is actually required to render service to the employer, if the requester is the employee.
d. The City shall take reasonable steps to verify the identity of a current or former employee or an authorized representative. Prior to making records available for inspection or providing a copy of those records, the City may redact the name , or any other personally identifying information of any other employee contained in the subject employee’s personnel files. e. The right to inspect personnel files and records does not apply to records relating to the investigation of a possible criminal offense, letters of reference, or ratings, reports, or records that (a) were obtained prior to the employee’s employment, 500
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29 f. were prepared by identifiable examination committee members, or (c) were obtained in connection with a promotional exam.
g. The City shall permit current and former employees to inspect or copy payroll records pertaining to that current or former employee.
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30 CHAPTER 2 – CLASSIFICATION AND COMPENSATION
SECTION 2.1 EMPLOYEE CLASSIFICATIONS/AUTHORIZED POSITIONS Authorized full-time and part -time positions, with classification titles and pay ranges specified, shall be established from time to time upon adoption of a resolution by the City Council. The job descriptions for such positions shall be approved by the City Manager or his or her designee and revised as deemed necessary or desirable. Unless otherwise stated, the following definitions shall apply for purposes of Authorized Positions under this Manual:
a. Regular Full -time Employee : A full -time non -management employee who is appointed to a position for a six-month or longer term, who has successfully completed his or her probationary period in their position in the classified service and is occupying a classified position established on a continuing basis, and is employed to work at least 2080 hours per year on a regular schedule, and is eligible for the City’s retirement program and full benefits. Such positions are designated as “general” on the City’s adopted Salary Schedule. b. Regular Part -time Employee : A part -time non -management employee who is appointed to a position for a six-month or longer term, who has successfully completed his or her probationary period in their position in the classified service and is occupying a classified position established on a continuing basis, and is employed to work a minimum of 30 hours per week, and less than 2080 hours per year, and is eligible for the City’s retirement program and half the benefits of a regular full-time employee. Such positions are designated as “general” on the City’s adopted Salary Schedule.
c. Temporary Part-time Employee: A part -time non-management employee who is employed to work 29 hours per week or less. Such positions are designated as “part-time” on the City’s adopted Salary Schedule. Employees hired in this category are excluded from receiving benefits, except as ot herwise expressly provided under this Manual or as required by law, and serve at the will of the City Manager. Those temporary part -time employees who are assigned such hours that result in an accumulation of 1,000 hours within the fiscal year, shall become eligible for participation in the City’s retirement program. Paid Interns shall be included in this category, as well as temporary or seasonal employees.
d. Probationary Employee: Every new employee in a regular full -time or part -time position shall serve a probationary period of twelve (12) months, exclusive of time off for leaves of absence as hereinafter permitted. The probationary employee will be evaluated periodically during the probationary period and is subject to dismissal, with or without cause, at the discretion of the City Manager. The termination can be exercised at any time during the probationary period.

Effective on the first day following completion of the probationary period, if the employee’s performance has been satisfactory and the City Manager approves his/her retention, the employee shall be considered thereafter a full-time or part-time regular employee of the city.

Probationary employees are also deemed “Disaster Service Workers” per Section 2.1.i. below. e. Exempt Employee : An employee who is exempt from the overtime provisions under applicable law.
f. Non-Exempt Employee: An employee who is covered by the overtime provisions under applicable law.
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31 g. “At-Will” Employee: A full-time management employee who is not included in the classified service. Such positions are designated as “management” on the City’s adopted Salary Schedule. Employees who are hired pursuant to Federal/State/County/Regional agency funding assisted programs are at -will employees and subject to termination when program funding terminates. An “at -will” employee may be dismissed by the City Manager at any time with or without reason and without prior notice or right of appeal. While many sections of t his Manual apply to “at-will” employees, others shall not, and inclusion of those sections does not change the status of “at-will” employees. Nothing in this Manual or in any document or statement shall limit the right to terminate an “at-will” employee without prior notice, without any reason, and without a right to appeal the termination decision.
h. Volunteer/Unpaid Interns: An individual who accepts an unpaid position with the City to perform specific tasks. A volunteer or unpaid intern is not an employee, and can be released at any time and for any reason without the right of appeal. i. Disaster Service Workers : The protection of the health and safety, and preservation of lives and property of the citizens of the City of Eastvale from the effects of natural, manmade, or war-caused emergencies which result in conditions of disaster or in extreme peril to life, property and resources is of paramount City importance requiring the responsible efforts of public and private agencies and individual citizens. In furtherance of the exercise of the power of the City in protection of its citizens and resources, ALL City employees are hereby declared to be Disaster Service Workers subject to such disaster service activities as may be assigned to them by their superiors or by law.

SECTION 2.2 WORKWEEK AND SCHEDULES

2.2.1 General Policy
a. The City’s standard workweek for all employees begins at 12:00 a.m. each Monday and ends at the following Sunday at 11:59 p.m. The City may establish additional standard workweek schedules to accommodate other unique circumstances. b. City Hall’s normal operating hours are 7:30 a.m. to 5:30 p.m., Monday through Thursday. City Hall is closed every Friday.
c. Depending on City requirements, some employees may be required to work different schedules, which may include working outside of City Hall’s normal operating hours.

Each employee’s scheduled hours of work will be determined based on staffing requirements t o meet the needs of the City and our business objectives. Therefore, the City reserves the right to schedule employees to work an earlier or later schedule. d. Variations in work schedules may be approved by the City Manager, however, must be requested and approved in writing prior to the employee making any changes to their schedule. Such requests will be evaluated as to their impact on the needs of the City, an d to ensure appropriate and adequate staff coverage, in considering the request for a modified schedule.
e. The City reserves the right to change an employee’s work schedule to meet the needs of the City.
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32 2.2.2 Full-time Exempt (Salaried) Employees Work Schedule Exempt (salaried) employees are generally expected to maintain the same work schedule and office hours as non -exempt employees unless pre -authorized by the employees’ pertinent Department Head. The City will consider the need for exempt employees to have some flexibility in the work schedule, to the extent that exempt employees demonstrate that they are meeting the requirements of their position (including any supervisory obligations), and that a minimum of forty (40) hours per week is achieved, which shall include use of approved leaves from time banks (e.g. sick leave, vacation leave, etc.). Variances in the employee’s regular schedule must be discussed and approved in advance by the pertinent Department Head. In all cases, the business needs of the City and its residents must be a top priority. Any perceived abuse of the City’s flexibility, and/or failure of the exempt employee to fully perform their job duties or to fulfill the required forty (40) hours will result in the loss of privilege for flexibility. Exempt employees shall not receive less than forty (40) hours per week compensation as salaried employees, except as permitted by law. Such instances should be disc ussed with the Human Resources and Risk Management Director for appropriate review and handling.

Exempt employees shall work extra hours as needed to perform their duties, to attend special events, and/or to attend meetings after hours as required by the pertinent Department Head.

Exempt employees receive leave in recognition of the extra hours they are expected to work.

2.2.3 Regular Full-time Non-Exempt (Hourly) Employees Work Schedule All full-time non-exempt (hourly) employees shall work one of the following assigned shifts: 1) 7:30 a.m. – 6:00 p.m. with an unpaid thirty-minute (30) meal period; 2) 7:00 a.m. – 5:30 p.m. with an unpaid thirty (30) minute meal period; or 3) 7:00 a.m. – 6:00 p.m. with an unpaid one (1) hour meal period. Other variations may be authorized by the pertinent Department Head on a case - by-case basis, subject to City Manager approval.

2.2.4 Part-time Non-Exempt (Hourly) Employees Work Schedule All part-time non-exempt (hourly) employees shall work designated hours as established by their supervisors and department heads, and shall be eligible for rest and meal breaks consistent with the rules for full-time non-exempt employees.

2.2.5 Make-up Time for Non-Exempt (Hourly) Employees
a. Make-up time is available for all regular full-time, regular part-time, and temporary part-time employees who are paid on an hourly basis (non-exempt, as defined under section 2.1(f) above).
b. The City does not require employees to work make up time. Make-up time allows a non-exempt employee to voluntarily request time off for a personal obligation and to make up the time on another day in the same workweek.
c. Notwithstanding the foregoing, non-exempt employees will be paid overtime when more than forty (40) hours are worked in a workweek. Sick leave, vacation leave, holidays, or other leaves are not hours worked and shall not be counted towards the calculation of overtime. d. Requests must be submitted in writing to the employee’s immediate supervisor.

The employee’s immediate supervisor will review the employee’s request and discuss with the 504
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33 Department Head. The request must be approved in advance by the employee’s supervisor and Department Head prior to performing any make - up time. Please note that the City cannot guarantee make-up time will be approved or provided.
e. Advance notice is required in order that the City may plan for work coverage.

Employees are required to provide the City with seventy-two (72) hours’ notice, except in the case of emergencies. Same-day requests are discouraged, and will be considered on a case-by-case basis and in emergency situations.
f. Any perceived abuse of the City’s flexibility (e.g. failure to provide advance notice on a recurring basis) will result in denial of make-up time request.

2.2.6 Special Events, City Council Meetings, and Commission Meetings All employees may be required to work special events i.e. EEK!Vale, Miracle Holiday Event, National Night Out, and other similar events, and may be required to attend City Council, Commission and/or other meetings. Compensation for such hours worked shall be provided consistent with this Manual as required by law. Notwithstanding any other provision in this Manual, non-exempt employees working special events will be paid at 1.5x their regular rate of pay for working such special events during a workweek where an observed holiday occurs, the employee receives holiday pay for such observed holiday, and the employee’s holiday hours and total hours worked exceed forty (40) hours for such workweek. For the purpose of this Manual “special events” does not include City Council and Commission meetings.

SECTION 2.3 PAYROLL PROCESSING

2.3.1 General Information
The City processes payroll on a bi-weekly basis with twenty-six (26) pay periods in each calendar year. Payday will be the Thursday following the close of the pay period and is paid on Thursday by direct deposit.

2.3.2 New Hires and Employee Changes
Human Resources and Risk Management provides all applicable new hire personnel forms to each new employee, and prepares the Personnel Action Form (PAF) for all newly hired employees. Personnel Action Forms are also required for any employee changes including, but not limited to, position change, salary increase, benefit change, etc. The Personnel Action Form identifies programs and account numbers the employee’s time will be charged to and must be approved by the City Manager, Finance Director, Human Resources & Risk Management Director, and Department Head. Human Resources and Risk Management enters new employee data into the payroll system. The Human Resources and Risk Management Director, reviews the entries for completeness and accuracy.

2.3.3 Time Sheets
a. All Non-Exempt Employees:
(i) All-time records, including time sheets, represent legal documents that are used to accurately record working time and to compensate employees properly. All non-exempt employees shall record accurately all exact time worked. 505
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34 (ii) To ensure the accuracy of all -time records, non-exempt employees will input their own time into the electronic timesheet system and acknowledge that they recorded all hours worked accurately, received all rest and meal periods as required under this Manual, and reported any injuries or on the job illnesses to their supervisor. (iii) Non-exempt employees must ensure that the time sheets are submitted on the day and prior to the cut-off time designated by the City. (iv) Under no circumstances shall a Supervisor or employee input time on behalf of another employee. Limited exceptions to this may be granted by Human Resources and Risk Management in the case of an emergency or absence. Where so authorized, employees may instead provide their time sheet information via written/email communication. b. Exempt Employees: All exempt (salaried) employees must complete time sheets in order to record regular time worked and exception hours (e.g. sick leave, vacation, etc.). c. Supervisors:
(i) Supervisors shall review and address potential issues in time entries.

Supervisors shall approve each time sheet via the electronic timesheet system, attesting to the completion of such review and that the time recorded reflects all work performed by the employee of which the supervisor was reasonably aware.
(A) To carry out this duty, supervisors are responsible for daily monitoring of the following for non-exempt employees:
• Start time for each workday;
• Start time for each meal period;
• End time for each meal period;
• End time for each workday;
• Whether a meal period is taken (if no meal period is taken, this must be stated);
• All actual time taken as paid leave; and
• Any additional time during which work is performed, including work performed outside the regular shift.

2.3.4 Deductions
Any benefit or insurance deductions associated with payroll will be withheld from the first and second paycheck of each month. Cafeteria cash outs will be paid in two equal payments on the first and second paycheck of each month. With bi -weekly pay periods, there are two (2) months during the year that a third paycheck will be received. There will not be any benefit/insurance deductions taken on the third paycheck of a month.

2.3.5 Issuance of Paychecks
After all entries have been verified and applicable corrections made, payroll checks are processed.

The paychecks are scanned and kept in a secure location until payday. Human Resources and Risk Management distributes pay stubs to all employees on pay day. 506
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35 2.3.6 Final Payment upon Separation of Employment
Human Resources and Risk Management prepares and processes the final paycheck including payoff for unused accrued vacation and any other vested leave with a provision for cash payout at termination under this Manual. After receipt of the approved Personnel Action Form and approved time sheet, the City Manager reviews the calculations and proof list before pr oviding approval for issuing an employee’s final paycheck.

SECTION 2.4 REST AND MEAL PERIODS – NON-EXEMPT (HOURLY) EMPLOYEES a. Employees whose total daily work time is at least 3.5 hours must take a mandatory paid rest period of fifteen (15) minutes. A fifteen (15) minute rest period is mandatory for every four (4) hours worked, or “major fraction thereof.” As much as practicable, the rest break should be taken in the middle of the work period.
b. Employees who work more than five (5) hours must take an unpaid, off-duty meal period of at least thirty (30) minutes.
c. Employees who work more than ten (10) hours are entitled to a second unpaid meal break.

In the event that an employee cannot be completely relieved of all duties during a meal break, the employee will be paid during the meal break, and such time shall constitute hours worked.

d. Employees should refrain from taking rest and meal breaks at their desks to ensure that a bona fide, uninterrupted rest and meal break has been taken. e. Rest breaks are treated as hours worked, and are paid as time worked. f. Rest and meal breaks may not be saved or used at another time or to make up a late arrival, or to shorten the workday. Rest breaks shall not be combined with meal periods to provide an extended meal period.
g. Rest and meal breaks may not be taken within one (1) hour of starting time, or quitting time unless special circumstances make this desirable, and in which case prior approval shall be obtained from the employee’s immediate supervisor. h. Non-exempt employees must accurately record each meal period on the timecard.

Each meal break must be at least 30 minutes long.
i. Supervisors are responsible for ensuring that employees are provided the opportunity for rest and meal breaks in accordance with these rules. Supervisors are also responsible for scheduling meal and rest breaks to provide for appropriate coverage of work.

SECTION 2.5 OVERTIME COMPENSATION/COMPENSATORY TIME OFF Non-exempt (hourly) employees who work more than forty (40) hours in a workweek shall be compensated at the rate of one and one-half (1.5) times the employee’s regular rate of pay, either as paid time at one and one -half (1.5) times the regular rate of pay or as compensatory time off accrued at the rate of one and one-half (1.5) times the regular rate of pay for all hours worked in excess of forty (40) in any workweek. For the purposes of this policy, holidays, sick leave usage, 507
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36 vacation leave usage, jury duty leave and other pre- scheduled time off shall not be considered work time, towards the calculation of overtime. Non-exempt employees may not “volunteer” work time to perform duties that are the same or similar as their stated or regular job duties.

The following provisions apply to Compensatory Time Off (CTO):
a. Non-exempt employees may choose to be compensated for overtime work through compensatory time off (CTO) at the rate of one and one-half hours CTO per overtime hour worked, instead of receiving cash payment. The decision to receive overtime pay or CTO credit must be made at the end of the workweek in which the overtime is worked, at the employee’s option, provided that the employee has not accrued the maximum CTO allowed under this policy and subject to approval by the Department Head and/or City Manager or designee. b. Employees may accrue CTO up to a maximum of 120 (equivalent to 80 hours of worked overtime). If an employee reaches this maximum limit they will be paid for all overtime worked until the CTO balance has been reduced below 120 hours. c. Employees who request to use accrued CTO will be permitted to use the CTO within a reasonable period after making the request so long as the use of CTO does not unduly disrupt the operations of the City as determined by the Department Head. Employees may not be forced to use compensatory time already held, but may be encouraged to reduce the amount of accrued hours.
d. Except as otherwise provided in subparagraph (e), Employees may not convert unused CTO to cash-out pay except at termination of employment or upon change in eligibility for CTO accrual. Unused CTO shall be paid out at the rate of pay required by the Fair Labor Standards Act (“FLSA”). The rate of pay re quired by the FLSA is the higher of (i) the average regular rate received by the employee during the last 3 years of employment, or (ii) the final regular rate received by the employee.
e. The City will convert unused CTO to cash-out for all employees with unused CTO in their CTO balance, on the first pay period of each November. Unused CTO shall be paid out at the rate of pay required by the Fair Labor Standards Act (“FLSA”). The rate of pay required by the FLSA is the higher of (i) the average regular rate received by the employee during the last 3 years of employment, or (ii) the final regular rate received by the employee SECTION 2.6 BI-LINGUAL PAY
Regular full-time and regular part time employees who are certified as bi -lingual by the City in accordance with these provisions and who are routinely and consistently assigned to provide bi- lingual services in positions requiring communication skills in languages other than English are eligible for bilingual pay. Bi-lingual pay may be suspended for employees who are on a leave of absence from the City. The City may pro-rate the employee’s bi-lingual pay based on the length of the leave of absence.

Eligible regular full -time employees may receive an additional $1 50.00 per month for bi -lingual services, and eligible regular part-time employees may receive an additional $ 75.00 per month.

The City Manager will be the final authority to determine which positions are eligible to receive bi- lingual pay, to assign and approve bi -lingual pay, and to remove bi -lingual pay from employees based on business necessity. Each Department Head will be able to provide recommendations to the City Manager regarding the languages needed and the total number of staff to provide 508
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37 services to the public. Employees being considered for bi -lingual services shall be required to pass a bi-lingual proficiency test for both speaking and writing skills. Human Resources and Risk Management will arrange for the testing, as required. Employee s who pass the tests, and are considered certified, shall receive their bi-lingual pay effective the pay period following certification.

To the extent permitted by law, the value of the compensation for bi -lingual pay is considered special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(4) (for Classic Members) or Title 2 CCR Section 571.1(b)(3) (for New Members) – Special Assignment Pay. Bi-lingual pay shall be reported to CalPERS periodically when earned, on a per pay period basis. However, the City makes no representations or guarantees whatsoever with respect to whether CalPERS shall include said bi -lingual pay as compensation for purposes of benefit determination and CalPERS shall make the sole determination as to inclusion.

SECTION 2.7 TEMPORARY ASSIGNMENTS
Employees may be temporarily assigned higher or lower duties without a change in pay and such action shall not be deemed as a transfer, demotion, promotion, or reclassification. In all cases where periodic or regular variations in assignments occur because of seasonal or operational needs, the nature of the duties, the work schedule or a position from which the incumbent is on extended leave of absence, such variations shall be considered as incidental to the position.

2.7.1 Acting Assignment to Higher Position
Acting appointments may be used to fill positions that are vacant or that are temporarily vacant, such as when an employee is on an extended leave of absence.

a. Whenever the needs of the City require an employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed for a period of more than twelve (12) consecutive working days, the employee shall receive the salary rate of the higher class in which the employee is performing the required duties. In such cases, the employee shall be paid at an appropriate step of the current salary schedule of the higher classification which will assure an increase of not less than 5% greater than the salary of the employee’s current position, but in no case shall such salary exceed the top salary step of the higher classification. The higher salary rate payable shall commence on the thirteenth working day following the temporary reassignment to the performance of duties of the higher classification.

The requirement for the performance of duties of the higher classification shall be placed in writing by the City Manager, or the City Manager’s designee, following recommendation by the affected Department Head. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualification of the higher classification by the City Manager, or the City Manager’s designee, as recommended by the affected Department Head.
b. The employee assigned to perform the duties of a higher classification shall not serve for more than ninety (90) working days in a higher classification whenever a vacancy exists without the announcement by the City Manager, or the City Manager’s designee, of an approved examination as otherwise provided in this Manual. In no case shall an employee serve more than 960 hours in a fiscal year or six (6) total months, whichever comes first, in a higher classification without successfully passing the examination.
c. An employee appointed in an acting capacity shall be eligible to receive performance increases in the permanent position during the acting appointment but shall not be 509
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38 entitled to performance increases in the position which the employee holds in an acting capacity.

If successful in being promoted, the period of time of service in the higher classification shall be credited for the promoted employee toward the required p eriod of probation for the higher classification as otherwise required in these rules.
d. The City Manager, or the City Manager’s designee, shall obtain the employee’s written consent for the temporary performance of any of the duties of the higher classification beyond a period of twelve (12) working days, prior to an employee assuming or cont inuing the duties and compensation of a higher classification, which consent shall clearly state that it is understood that employee’s salary rate will revert to the salary rate in the employee’s permanent position upon the expiration of the need for the p erformance of the duties of the higher classification.

SECTION 2.8 CALL BACK PAY
Call back duty occurs when a non -exempt employee is ordered to return to duty on a non - regularly scheduled work shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two (2) hours work commencing at the time of the call or contact. Any call back lasting two (2) hours or less shall result in a credit for two (2) hours worked. A subsequent call receive d during a call back shall not result in an additional two (2) hours minimum call back pay, but shall be paid as actual time worked. Notwithstanding any other provision in this Manual, call back hours will be paid at 1.5x the employee’s regular rate of pay during a workweek where an observed holiday occurs, the employee receives holiday pay for such observed holiday, and the employee’ s holiday hours and total hours worked exceed forty (40) hours for such workweek.

SECTION 2.9 ON CALL (STANDBY) PAY
Non-exempt (hourly) employees may be assigned to twenty -four (24) hours on call duty on a week- end, holiday or non-scheduled work day, or on call duty between regularly scheduled work shifts, requiring the employee to respond to emergency calls. Response to emergency calls shall occur within sixty (60) minutes from the time the employee receives the communication.

Response calls may require the employee to report back to work.

An employee serving on-call under this section shall receive two hours of the employee’s regular rate of pay per on-call assignment , regardless of the on-call assignment duration. Said compensation is exclusive of any other compensation that may be provided for time worked. Non- working on-call hours shall not count as hours worked, however, compensation for such hours shall count towards calculating the employee’s regular rate of pay. Notwithstanding the foregoing, an employee serving on -call during a workweek where an observed holiday occurs and the employee receives holiday pay for such observed holiday, will receive two hours paid at 1.5x the employee’s regular rate of pay per on -call assignment, regardless of the on -call assignment duration.

SECTION 2.10 AUTOMOBILE ALLOWANCE
The City Manager may approve a n automobile allowance, not to exceed $ 400 per month, for select Department Heads and management employees as determined appropriate by the City Manager. There is no right to a n automobile allowance and the City Manager may reduce or eliminate a previously approved automobile allowance at any time. Department Heads and 510
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39 management employees who receive an automobile allowance shall do so in lieu of receiving a mileage reimbursement from the City for use of their personal vehicle for City-related travel.

SECTION 2.11 PHONE ALLOWANCE
The City Manager shall designate those positions requiring either the issuance of a cell phone for the conduct of City business, or the provision of a cell phone allowance in the amount of $40 per month, when designated employees use their own phone.

SECTION 2.12 SALARY AND WAGE SCHEDULES
The salary and wage schedule for authorized full-time and part-time positions shall be established from time to time upon adoption of a resolution by the City Council.

The City complies with all applicable state and federal laws regarding equal pay. Compensation to employees shall be based upon job classification and defined factors including education, training, experience, consequence of action, essential functions/dut ies and responsibilities, judgment/decision-making, and supervision received and exercised. In all cases, wages shall not be based on factors prohibited by law.

SECTION 2.13 ADVANCEMENT WITHIN THE SCHEDULE

2.13.1 Merit Increases
The City Manager may authorize merit-based salary increases within the authorized salary range based on an employee's ability, proficiency, and performance. The annual merit increase will be determined at the City Manager’s sole discretion, however, generally, such merit increase will be up to 5%. In cases of extraordinary performance, the City Manager may approve a maximum merit increase of up to 10%. Employees who receive a performance rating of "needs improvement" or lower will not be eligible for a merit increase for the rating period. If, in the Department Head’s sole discretion, the employee demonstrates sustained improvement, the Department Head may prepare an interim performance evaluation and recommend a salary increase to the City Manager.

2.13.2 Special Merit Increases
The City Manager, upon recommendation from a Department Head, may approve a Special Merit Increase for an eligible employee. Department Heads shall discuss such instances with the City Manager and prepare a memorandum to document superior, outstanding and meritorious performance warranting such special monetary recognition. Such increases shall not exceed 5% and are subject to the approval of the City Manager. Special Merit Increases shall typically occur outside the employee’s normal rating period. An emp loyee receiving a Special Merit Increase shall remain eligible for their normal merit increase at the prescribed evaluation period. Special Merit Increases shall be rare exceptions, not the rule, and may not exceed the maximum of the established salary range.

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40 SECTION 2.14 CHANGES IN EMPLOYMENT STATUS

2.14.1 Transfer
The City Manager, may, at any time, transfer an employee from one position to another position in the same or comparable class. A comparable class is one with essentially the same maximum salary limits, involves the performance of similar duties, and requires substantially the same basic qualifications. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in this Manual. No person shall be transferred to a position for which he/she does not possess the minimum qualifications.

2.14.2 Promotion
A promotion is the appointment of an employee from one classification to a classification having a higher base salary range.

A current employee selected for promotion following an open recruitment, as provided in section

1.6.2 above, may negotiate a competitive salary following promotion . An employee promoted following an open recruitment will at least receive the entrance rate of the new range or a five percent (5%) increase in salary, whichever is greater. Under no circumstance will a promoted employee be advanced above the final step of the higher base salary range.

Employees selected for promotion following an internal recruitment, as provided in section 1.6.1 above, shall receive the entrance rate of the new range or a five percent (5%) increase in salary, whichever is greater.

The promotion effective date shall be the first day of the pay period following the approval of the appointment.

2.14.3 Reclassification
An employee whose position has been reclassified from one class to another class, which has a higher base salary range, shall be placed at the entrance point of the new range or at a step within the range that is not less than 5% and not more than 10% incr ease in salary. Ensuing merit increases will be due one (1) year from the date of the adopted reclassification. Reclassified employees are not required to serve a probationary period.

2.14.4 Demotion
A demotion is the appointment of an employee from one classification to a classification having a lower maximum rate of pay.
a. An employee demoted for disciplinary reasons shall be placed on the same step within the base salary range of the class to which demoted. b. A promotional probationary employee who is returned to former classification during the probationary period shall be placed on the same step within the base salary range or the former classification that the employee was on at time of promotion. No credit shall be granted for time spent at the promoted level for next step advance due date. 512
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41 c. An employee demoted for non-disciplinary reasons shall be retained at the same salary rate, provided that the salary rate does not exceed the maximum of the salary range of the demoted class. With the approval of the City Manager, the employee may be “Y -rated” (rate of pay is frozen at the rate of pay immediately prior to the demotion). The rate of pay of an employee that is Y-rated will not change until the employee’s classification salary scale and step equals or exceeds their Y-rated level.
d. An employee who voluntarily demotes from one classification to a classification with a lower maximum salary range shall be placed within the new salary range.

2.14.5 Suspension
The City Manager may suspend, and approve the recommendation of a Department Head, to suspend an employee at any time for just cause, in accordance with Chapter 5 of this Manual.

2.14.6 Reinstatement
With the approval of the City Manager, a regular employee who has resigned with a good record may be reinstated within one (1) year to his/her former position, if vacant, or to a vacant position in the same, comparable, or lesser class provided he/she possesses the minimum qualifications for the position.

Reinstated employees do not retain any benefits or rights previously earned by virtue of his/her former employment unless approved by the City Manager. The employee will be appointed as a new employee and serve a new probationary period, unless specifically waived in writing by the City Manager. No credit for former employment shall be granted in computing salary, vacation, or other benefits except on the specific recommendation of the City Manager at the time of reinstatement unless otherwise required by law. The employee shall have a new hire date that is applicable to all benefits, including retirement and retirement health benefits, unless otherwise required by law.

SECTION 2.15 TRAVEL EXPENSES
The City’s administrative policies on Travel and Reimbursement, as they may be amended from time to time, shall serve to provide policy related to this topic.

SECTION 2.16 EDUCATIONAL EXPENSE REIMBURSEMENT
The City will provide all employees with educational expense reimbursement for courses which relate to their job duties or the completion of a degree in a field related to City operations, subject to City Manager approval, at the City Manager’s sole discretion. An employee may be reimbursed for up to $2,500 per fiscal year, not to exceed a cumulative total of $10,000 for full-time employees and $5,000 for part-time employees. Note: Reimbursement under this section do not encompass expenses related to any certificates or licenses that are required as provided in an employee’s job description. Such expenses are directly reimbursed to the employee and are not subject to the requirements for reimbursement under this section.

To be eligible for reimbursement under this section, an employee must satisfactorily complete 12 months of employment prior to qualifying for course approval and subsequent reimbursement. If eligible, an employee must do the following to obtain reimbursement: 1) receive course approval prior to registration from Human Resources and Risk Management, Department Head, and City 513
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42 Manager; 2) provide Human Resources with evidence of satisfactory ("C" grade or better) completion of the approved course. Human Resources and Risk Management shall, at its own sole discretion, make a determination as to whether the evidence provided by t he employee of satisfactory course completion is sufficient; 3) submit receipts for tuition, enrollment fees, and/or books within 60 days of course completion; and 4) sign a form agreeing to repay the City the reimbursed amount if the employee voluntarily separates from the City or is terminated for cause within 24 months of the date of the reimbursement.

If there is insufficient funding to pay for all pending or anticipated future reimbursement requests, the City Manager may devise a fair and equitable manner for allocating the funds available amongst the eligible employees.
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43 CHAPTER 3 EMPLOYEE BENEFITS
SECTION 3.1 HOLIDAYS
All regular full-time employees, regular part-time employees, at-will full time employees, and full- time and part -time employees who are in their probationary period, shall have the following holidays as time off with pay:

1. January 1st, known as “New Year’s Day”

2. The third Monday in January, known as “Martin Luther King Jr. Day”

3. The third Monday in February, known as “Presidents’ Day”

4. The fourth Monday in May, known as “Memorial Day”

5. July 4th, known as “Independence Day”

6. The first Monday in September, known as “Labor Day”

7. November 11th, known as “Veteran’s Day”

8. The fourth Thursday in November, known as “Thanksgiving Day”

9. The day after Thanksgiving Day

10. December 24th, known as “Christmas Eve Day”

11. December 25th, known as “Christmas Day”

12. One (1) floating holiday.

The City Council may approve additional paid holiday(s) for employees in any given fiscal year from time to time by resolution.

In the event a holiday falls upon a Friday or Saturday, the prior workday will be taken in lieu of the holiday; in the event a holiday falls upon a Sunday, the following workday will be taken in lieu of the holiday. Holidays occurring during an employee’s vacation shall be treated as a paid holiday.

Employees who are absent from work on a holiday due to unpaid leave of any form, shall not receive reimbursement or payment for the missed holiday.

All regular part-time employees and regular part-time employees who are in their probation period shall receive the defined holidays as time off with pay at one-half (1/2) (e.g. 5 hours paid holiday).

Floating holidays will be provided at the beginning of the calendar year. Floating holidays not used during the calendar year in which they are provided will be converted to vacation time and treated in the same manner as provided in Section 4.2 of this Ma nual, including counting toward an employee’s maximum vacation accrual and the vacation buy-back provisions.

In addition to the holiday pay provided in this section , non-exempt employees working during the observed day of any of the following holidays or the actual day of the following holidays : Martin Luther King Jr. Day; President’s Day; Memorial Day; Independence Day; or Labor Day, will be paid 1.5x their regular rate of pay for hours worked during such observed day of the foregoing holidays or the actual day of the foregoing holidays. If an employee works both, the observed day of the forgoing holidays and the actual day of the foregoing holidays, such employee will only receive 1.5x their regular rate of pay for hours worked during the day they work more hours. In no event shall an employee receive more than one premium rate of pay, as provided in section

2.2.6 above, for the same hours worked.

SECTION 3.2 WINTER HOLIDAY CLOSURE
City Hall closes to the public during the winter holiday period beginning December 17 through January 1 of each year (actual dates may vary depending on the day of the week the holiday falls). 515
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44 Certain City operations may continue during this Winter Holiday Closure while others will not, as determined appropriate by the City Manager.

In conjunction with the City paid holidays, including December 24 th, December 25th, December 31st, and January 1st, employees not required to work during all or a portion of the Winter Holiday Closure will be required to use their accrued leave time (vacation, compensatory, exempt employee leave, or floating holiday time) to equal the remainder of their regular work schedule hours/days during the Winter Holiday Closure.

The City Manager may approve an employee’s ability to work during the Winter Holiday Closure based on the City’s needs and at the City Manager’s sole discretion.

If an employee is ordered to return to duty during the Winter Holiday Closure, the time called back during regular work hours will be deducted from the leave hours being used.

SECTION 3.3 INSURANCE BENEFITS
All employees in regular full -time or regular part -time positions, shall be eligible for the City’s insurance benefits which may include medical, dental, vision, life, short -term and long -term disability insurance policies including Accidental Death and Di smemberment (AD&D), or, alternatively in a recognized cafeteria plan approved by the City Council. These benefits may be increased or decreased from time to time. The City reserves the right to change carriers and/or eliminate any type of coverage at its a bsolute discretion. No employee has any vested right to any type of insurance coverage or benefits.

3.3.1 Cafeteria Plan
New employees who are hired between the first and the 14th day of the month are eligible for the full amount of the City’s cafeteria plan contribution for the first month of employment. Employees hired on or after the 15th of the month are eligible to receive one-half (1/2) of the City’s cafeteria plan contribution for the first month of employment.

As of the most recent revision to this Manual, the City’s contribution towards the cafeteria plan for full-time employees is $2,721.01 per month. This amount reflects the current Kaiser Permanente Region III monthly premium for subscriber and 2+ dependents plus $250 . Regular part -time employees receive $1250.03 per month. Should the premium for the Kaiser Permanente Region III monthly premium for subscriber and 2+ dependents increase, the City will provide an automatic annual increase on January 1 of each year to the cafeteria plan allowance commensurate with such premium increase to such plan up to a maximum of 5% per annum. Regular part -time employees will receive a pro-rata 50% of such increase amount on an annual basis.

City Council may amend the amount provided as contribution under this section from time to time by resolution.
a. Cafeteria Cashout for Employees Hired Before December 1, 2017 Full-time employees hired before December 1, 2017, are eligible to receive up to $1,600 per month of their unused cafeteria allowance as c ash out benefit on a monthly basis. Part -time employees hired before December 1, 2017, are eligible to receive up to $800 per month of their unused cafeteria allowance as cash out benefit on a monthly basis. Cashout amount is divided equally between the first and second paycheck of each month. 516
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45 b. Cafeteria Cashout for Employees Hired After December 1, 2017 but Before July 1, 2024
Full-time employees hired after December 1, 2017, but before July 1, 2024, are eligible to receive up to $800 per month of their unused cafeteria allowance as cash out benefit on a monthly basis.

Part-time employees hired after December 1, 2017, but before July 1, 2024, are eligible to receive up to $400 per month of their unused cafeteria allowance as cash out benefit on a monthly basis.

Cashout amount is divided equally between the first and second paycheck of each month. c. Cafeteria Cashout for Employees Hired After July 1, 2024 Employees hired on or after July 1, 2024, have two options regarding use of their cafeteria allowance: (i) elect coverage in a City plan eligible for credit from the cafeteria allowance. No cashout of unused cafeteria allowance will be provided; or (ii) waive coverage from all City plans eligible for credit from the cafeteria allowance and receive cashout of their unused cafeteria allowance according to the following: full -time employees will receive $800 per month and part - time employees will receive $400 per month as cash out benefit on a monthly basis. Cashout amount is divided equally between the first and second paycheck of each month.

3.3.2 Life Insurance
Life insurance coverage shall be provided by the City for eligible employees and elected officials as follows:

Level 1 – City Manager – 3x annual salary to a maximum of $500,000.

Level 2 – Management – 2x annual salary to a maximum of $400,000.

Level 2 – All Other Eligible Employees – 2x annual salary with a minimum of $100,000 and a maximum of $250,000.

Employees who are eligible for exempt employee leave under Section 4.15 shall be considered management employees for the purposes of life insurance benefits.

Life insurance premiums for eligible employees are paid for by the City.

3.3.3 Short Term Disability Insurance and Long-Term Disability Insurance The City does not participate in the State of California’s Disability Insurance (SDI) program which includes the paid family leave program. Employees remain eligible for “unpaid” family and medical leave as provided by State and Federal leave laws. Employees should refer to the City’s Family Care and Medical Leave, Pregnancy Disability Leave, and Military Family Leave Policy for additional details, including eligibility and use of accrued leave to receive pay during leave.

The City’s Short -Term Disability plan provides a maximum benefit period of 83 days, and the Long-Term Disability program goes into effect after 90 days. The City uses a third-party company as the plan administrator. Additional plan information, including elimination periods, and the monthly benefit amounts may be obtained from Human Resources and Risk Management. Short- Term and Long-Term disability insurance premiums for eligible employees are paid for by the City. 517
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46 3.3.4 Compensation During Parental Leave
The City has contracted with Parento to provide wage replacement, up to $3,500.00 per week as provided in the agreement between Parento and the City, during an employee’s eligible leave of absence due to the birth of their child, child adoption, child foster care placement, or placement via a government child protection service. This section does not create an independent leave right, rather, this section merely provides a wage replacement plan for employees who are taking parental leave, as provided under a separate City leave entitlement . Wage replacement under this section is available for up to twelve weeks per qualifying event.

SECTION 3.4 RETIREMENT BENEFITS

3.4.1 CalPERS Enrollment
Eligible employees shall be members of the California Public Employees' Retirement System (CalPERS). The City is a member of CalPERS. Eligible employees are required to participate in accordance with the rules of CalPERS. Employees pay the full amount of the employee’s contribution to CalPERS. Retirement health insurance benefits are provided to retirees in compliance with the Public Employees’ Medical and Hospital Care Act (PEMHCA) and City Council Resolution No. 2011-03. The City shall pay no more than the monthly minimum employer contribution prescribed by Government Code section 22892 and Resolution No. 2011-03 toward retiree health benefits.

3.4.2 Accumulation Program for Part-Time and Limited-Service Employees Except as otherwise provided by law, employees not eligible for membership in CalPERS, shall be enrolled in the Accumulation Program for Part-Time and Limited-Service Employees (APPLE) in lieu of enrollment in the federal Social Security Retirement System. APPLE-enrolled employees will pay 3.75% of salary into the program and the City will match that amount. Accumulated funds in APPLE will earn interest on contributions. More information about APPLE can be received from Human Resources and Risk Management.

3.4.3 Deferred Compensation Plan
Regular full-time and regular part -time employees are eligible to contribute to the City’s 457(b) deferred compensation plan by electing a deduction amount or percentage, subject to maximum limits as designated by the Internal Revenue Service, from each paycheck. Employees may contribute to a pre tax or Roth type account, subject to plan rules and Internal Revenue Service Rules. Employees are immediately vested in their contributions to the 457(b) plan. a. Matching Contribution for Full -time Employees: The City will provide a 200% matching contribution of the employee’s contribution into a 401(a) plan up to a maximum of $3,000.00 per calendar year. Employees are immediately vested in the City’s matching contributions to the 401(a) plan.
b. Matching Contribution for Part -time Employees: The City will provide a 200% matching contribution of the employee’s contribution into a 401(a) plan up to a maximum of $1,500.00 per calendar year. Employees are immediately vested in the City’s matching contributions to the 401(a) plan.
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47 3.4.4 Retiree Health Reimbursement-defined Contribution Plan To reward regular employees for their continued City service, the City has established a Health Reimbursement-defined Contribution Plan. The purpose of the plan is to provide eligible employees, as defined in subparagraph (a), and qualifying family members, as def ined in subparagraph (b), with a health reimbursement fund that they may use for eligible health care related expenses, as defined under section 213(d) of the Internal Revenue Code, during retirement. The City will contribute to each eligible employee’s account based on the contribution table provided in subparagraph (c). Upon eligibility, employees are immediately fully vested in such contributions and are eligible to access funds upon service retirement or following separation from the City for another reason, subject to plan rules and regulations. During City employment, the City will pay account plan administration fee s. Employees will be responsible for their own administration fees upon separation from City employment. a. Eligibility Requirement
Regular full -time and regular part -time employees are eligible to receive benefits under this section upon completion of five (5) consecutive years of City service. Time served as a temporary employee, intern, whether paid or unpaid, limited term appointment employee, or volunteer does not count towards the five (5) year service requirement. Time served in probation status for a regular full -time or regular part -time position does count towards the five (5) years service requirement.

If an employee separates from City employment and is subsequently rehired, prior duration of City employment will not count towards the calculation of the total number of years of service for the purpose of eligibility or the purpose of determining the amo unt of monthly contribution to the employee’s account. For example, if an employee separates from City service after 4 years of continuous service, but is rehired following three months of separation, the employee must serve an additional 5 consecutive years from the rehire date to become eligible under this section 3.4.4 and upon eligibility, the employee will receive contribution at level “A” as provided in subparagraph (c) below.
b. Qualifying Family Members
For the purpose of this section 3.4.4, “qualifying family members” means any individual the employee claims as a dependent on their filed tax return for the relevant calendar year. c. Contribution Schedule
The City will make contributions under this section 3.4.4 according to the following schedule:

Contribution
Level
Months of Continuous
Service
Monthly Contribution
for Full-time
Employees
Monthly Contribution for
Part-time Employees
A 60 months - 119 months $100.00 $50.00
B 120 months - 179 months $125.00 $62.50
C 180 months - 239 months $150.00 $75.00
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48 D 240 months – 299 months $175.00 $87.50
E 300 months - until
separation
$200.00 $100.00

SECTION 3.5 TEMPORARY PART-TIME EMPLOYEES
Employees of the City designated as temporary part-time (regularly less than 20 hours per week and no more than 1000 hours in a fiscal year) are non -benefitted and shall be compensated on an hourly basis as specified by the position classification in which they are assigned. Temporary Part-time employees are not eligible for participation in any benefit program established by the City, except as required by State or Federal law or as otherwise expressly provide for in this Manual.
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49 CHAPTER 4 - LEAVE OF ABSENCE
SECTION 4.1 GENERAL INFORMATION
Generally, but not always, leaves of absences are unpaid. Employees have certain rights to substitute accrued paid leave for unpaid leave.

The City will continue to pay the City-sponsored premium portion of the employee health/medical benefits as required by law.

For more detailed information regarding the types of leave, eligibility for leave, payment for leave, and the length of leave normally authorized, see the individual descriptions of each type of leave that follows.

SECTION 4.2 VACATION
All full-time employees accrue vacation time as defined below. All regular part -time employees will accrue vacation hours at one- half (1/2) the rates below. Temporary part—time employees do not accrue vacation.

4.2.1 Amount of Vacation
a. Fifty-nine (59) or fewer months of continuous service : Each employee working in continuous service of fifty-nine (59) or fewer months shall earn 80 hours of paid vacation per year.

Vacation shall be earned on a prorated basis for time worked, and employees earn vacation leave accruals on per pay-period basis.
b. Sixty (60) to one hundred twenty (120) months of continuous service : Each employee working in continuous service for sixty (60) to one hundred nineteen (119) months shall earn 120 hours of paid vacation per year. Vacation shall be earned on a prorated basis for time worked, and employees earn vacation leave accruals on per pay -period basis. Additionally, an employee shall receive a one -time credit of fort y (40) hours of vacation to their vacation leave accrual balance on the pay -period immediately following the start of their sixtieth month of continuous service.
c. One hundred twenty (120) or more months of continuous service: Each employee working in continuous service for one hundred twenty (120) months or more shall earn 160 hours of paid vacation per year. Vacation shall be earned on a prorated basis for time worked, and employees earn vacation leave accruals on per pay-period basis. Additionally, an employee shall receive a one-time credit of forty (40) hours of vacation to their vacation leave accrual balance on the pay -period immediately following the start of their one hundred twentieth (120) month of continuous service.

To attract and retain experienced at -will management employees and reflect their accruals for other comparable years of experience in a managerial at -will position, the City Manager may authorize an experienced at-will management employee to accrue paid vacation at a higher rate than what applies to other newly-hired employees at the time the at-will management employee is hired or at the time of their performance evaluation via a Personnel Action Form (PAF). However, the rate of accrual for newly - hired at -will management employees shall not exceed what is provided to employees with one hundred twenty (120) or more months of continuous service. 521
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50 4.2.2 Use of Vacation
a. Employees shall be eligible to use vacation as it is accrued. Employees are not eligible to advance vacation time to use vacation leave before it is accrued. b. Employees shall request use of vacation at least fourteen (14) days in advance .

Requests that are less than fourteen (14) days in advance will only be considered on a case-by- case basis, and in emergency situations.
c. All requests for use of vacation must be approved by the employee’s supervisor and the relevant Department Head.
d. Upon termination of employment, employees shall be compensated for accrued unused vacation at their then current pay rate.
e. The City will not allow for accrual of vacation time in excess of 300 hours. Any and all time accrued beyond that will be paid out at the regular rate of pay. The City Manager reserves the right to allow overages in special circumstances.

4.2.3 Vacation Sell-Back
a. Employees who have been employed with the City of Eastvale for a minimum of one (1) year and have used a minimum of forty (40) hours of vacation or exempt employee leave during the pertinent calendar year, may elect to sell -back accrued, but unused, vacation hours.

An employee may request to sell-back a minimum of ten (10) hours, up to a maximum of forty (40) hours, not more than two (2) times in a calendar year. An employee may not sell-back more than eighty (80) accrued unused vacation hours in any calendar year. To sell vacation hours, an employee must have a minimum remaining balance of forty (40) hours of vacation leave accrual after the sale of said vacation hours. The employee will be compensated for such vacation sell- back hours at the salary rate in effect for that employee at the time the hours are paid. b. Vacation accruals for which the employee receives compensation will be deducted from the employee’s accumulated total.
c. Any employee who has been given a disciplinary reduction in pay, disciplinary demotion, or suspension, shall be excluded from the use of this provision for sixty (60) calendar days from the date of the implementation of the disciplinary action. d. An employee desiring to sell back vacation hours under this section, must make a written request to the City Manager for approval. All vacation sell back requests will be processed in the payroll cycle following the date the request was approved whenever p ossible, or the following payroll cycle.
e. The City Manager reserves discretion to inactivate this provision based on the City’s financial ability to pay.
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51 SECTION 4.3 SICK LEAVE

4.3.1 Sick Leave Accruals
a. All full-time employees will accrue paid sick leave at the rate of 90 hours for each 12 months of the employee's active service. Full time employees are credited 3.46 hours towards their sick leave per pay period. Any such leave accrued but unused in any year shall be accumulated for the employee to use in succeeding years up to a maximum accumulation of five (5) years or 450 hours. An employee who reaches the maximum accumulation shall cease accruing sick leave until his/her balance is under the maximum accumulation. Upon termination for any cause other than retirement, sick leave time is forfeited. If an employee retires from City service, sick time may be converted to years of service as regulated by the California Public Employees’ Retirement System (CalPERS). If sick time is not converted to years of service, it is forfeited.
b. All regular and probationary part-time employees will accrue paid sick leave at the rate of 45 hours for each 12 months of the employee’s active service. Regular and probationary part-time employees are credited 1.73 hours towards their sick leave per pay period. Any such leave accrued but unused in any year shall be accumulated for the employee to use in succeeding years up to a maximum accumulation of five (5) years or 225 hours. An employee who reaches the maximum accumulation shall cease accruing sick leave until his/her balance is under the maximum accumulation. Upon termination for any cause other than retirement, sick leave time is forfeited. However, if the City rehires an employee within twelve (12) months of termination, the employee shall receive a credit for accrued unused sick leave that the employee had at termination. If an employee retires from City service, sick time may be converted to years of service as regulated by the California Public Employees’ Retirement System (CalPERS). If sick time is not converted to years of service, it is forfeited. c. All temporary part-time employees who work 30 or more days within a year shall receive 40 hours of sick leave in their sick leave bank immediately upon commencement of employment. Employees who qualify for sick leave under this subsection are entitled to use accrued sick days beginning on the 90th day of employment. Unused sick leave at the end of the calendar year may not be carried forward and sick leave may not be cashed out. Thereafter, at the beginning of each subsequent calendar year, the employee shall begin the year with 40 hours of leave time in their sick leave bank. Temporary part-time employees who promote into a regular full-time or part-time position will retain their unused sick leave.

4.3.2 Sick Leave Usage
The following are permitted uses of sick leave:
a. Diagnosis, care, or treatment of an existing health condition of an employee or a member of the employee’s Immediate Family. For the purposes of this section, Immediate Family member means any of the following , as further defined in Labor Code section 245.5 : A child, a parent, a spouse, a registered domestic partner, a grandparent, a grandchild, a sibling, or a designated person.
b. Preventative care for an employee or an employee’s Immediate Family member. 523
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52 c. For employees who are victims of a qualifying act of violence, as that term is defined under Government Code section 12945.8, leave taken for the purposes described in Government Code section 12945.8.

Sick leave may be used upon an employee's oral or written request. If the need for paid sick leave is foreseeable, an employee must provide “reasonable” advance notice. If not, the employee must provide notice to their supervisor “as soon as practicable” o r within one -half (1/2) hour of the beginning of their work shift of each sick day, or prior to leaving the worksite when becoming ill during the work shift. Failure to provide notice in accordance with this policy may be cause for disciplinary action. Eligibility of sick leave usage shall commence when accrued. Observed holidays occurring during sick leave shall not be counted as days of sick leave.

Vacation leave may not be used in lieu of paid sick leave unless employee’s sick leave accrual has been exhausted, and the employee receives approval from their supervisor. .

4.3.3 Annual Sick Leave Buy-Back
Employees may receive compensation for unused sick leave, per calendar year as follows:

a. Full-time employees and regular part time employees may be eligible to sell back accrued sick leave provided that they, following any sale of such hours to the City, maintain a minimum of forty-eight (48) hours of accrued unused sick leave. b. A full time or regular part time employee desiring to sell back accrued sick leave to the City must make a written request to the City Manager for approval during the first two weeks of January each calendar year.
c. Compensation for unused accumulated sick leave, processed under this section, will only be paid the second pay period in February of each year at the employee’s current rate of pay, based on a buy -back rate of 50% for each hour that the City buys back. ( e.g., 40 hours of sick leave sold back to the City will be cashed out at 20 hours.) d. The City Manager reserves discretion to inactivate this provision based on the City’s financial ability to pay.
e. Employees are not eligible to sell -back accrued unused sick leave under this section upon termination of employment, which includes disciplinary termination, resignation, retirement, layoff, “at-will” or probationary separation.

SECTION 4.4 FAMILY CARE AND MEDICAL LEAVE; PREGNANCY DISABILITY LEAVE;

MILITARY FAMILY LEAVE
The City provides employees with family care and medical leave, pregnancy disability leave, and military family leave. Information about these leaves is set forth in a separate administrative policy.

SECTION 4.5 CIVIL AIR PATROL LEAVE
The City will provide employees with leave as required by the Civil Air Patrol Employment Protection Act. Employees who are also volunteer members of the Civil Air Patrol are annually entitled to up to 10 days of leave for Civil Air Patrol duty to respond to an emergency operation mission. The employee must have been a City employee for at least 90 days before the beginning 524
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53 of leave. Generally, leave for a single emergency cannot exceed 3 days. Leave is unpaid.

Employees may use available vacation leave , compensatory time off, exempt employee leave, and floating holidays to receive compensation during this leave . The employee must provide written certification of the need for leave from the proper Civil Air Patrol.

SECTION 4.6 CRIME VICTIMS’ LEAVE
Employees are allowed time off from work to attend judicial proceedings related to a violent felony, serious felony, or felony theft or felony embezzlement (as defined in Labor Code 230.2), if the employee, an immediate family member (which includes spouse , child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather) of the employee, registered domestic partner of the employee, or the child of a registered domestic partner is a crime victim. The employee can use available sick leave, compensatory time off, floating holiday, exempt employee leave, or vacation leave for crime victims’ leave.

SECTION 4.7 VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT Employees who are the victims of domestic violence or sexual assault can take time off, as required by law, to obtain relief, such as a temporary restraining order, a restraining order, or other court-ordered relief, to help ensure the safety of the victim or the victim’s child. Employees can use available vacation leave, sick leave, floating holiday, exempt employee leave, or compensatory time off for this type of leave.

Unless not feasible, employees are expected to provide reasonable advanced notice of the need for leave and to supply documentation supporting the leave request.

SECTION 4.8 MILITARY LEAVE
Military Leave will be provided in accordance with state and federal law. All employees must notify their department head as soon as practicable of their need for military leave. When possible, the employee must also present a copy of their military orders prior to taking military leave. The department head must immediately notify the Human Resources and Risk Management Director about the employee’s need for military leave.

SECTION 4.9 ORGAN AND BONE MARROW DONATION LEAVE
Employees who are donating an organ are entitled to up to 30 business days of paid leave in a one (1) -year period. Employees who are donating bone marrow are entitled to five (5) business days of paid leave in a one (1) -year period. Group health insurance is maintained during the leave period.

For leave under this section, a year is measured as 12 consecutive months from the date leave begins. These leaves do not run concurrently with CFRA leave. Eligible employees are those employees who have been employed by the City for least a 90-day period before the leave begins.

Employees who take bone marrow donation leave must take up to five (5) days of accrued sick leave or vacation time. Employees who take organ donor leave may take up to two (2) weeks of accrued sick leave or vacation time. Prior to taking a leave under this section, an employee shall provide a written verification to the City that the employee is an organ or bone marrow donor and that there is a medical necessity for the leave.
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54 SECTION 4.10 SCHOOL ACTIVITIES/SCHOOL APPEARANCE LEAVE The City will grant a leave of absence to an employee who is the parent, guardian, or grandparent of a child, in accordance with the following provisions. a. Permissible Purposes:
(i) To participate in the activities of the child’s primary or secondary school or licensed childcare provider;
(ii) To find, or to enroll, or reenroll the child in, a primary or secondary school or licensed childcare provider.
(iii) To address an emergency, such as:
(A) A request from childcare provider or school that the child be picked up.
(B) A provision in the attendance policy for the childcare provider or school, other than a planned holiday, that prohibits the child from attending. (C) Closure or unexpected unavailability of the childcare provider or school, other than during planned holidays.
(D) A natural disaster, including, but not limited to, fire, earthquake, or flood.
(iv) To appear at the school of a suspended child pursuant to a request made by the child’s school under California Education Code section 48900.1. b. An employee may take up to 40 hours of leave per calendar year, but no more than eight hours in one calendar month. However, no limit shall be placed on the amount of leave taken under Section 4.10(a)(iv). If more than one City employee requests leave in connection with the same child, only the first employee to provide notice is entitled to receive leave. The second employee may also be permitted to take a simultaneous leave of absence if the sec ond employee obtains written supervisory approval. The amount of leave available is fixed at a maximum of 40 hours per calendar year, regardless of the number of children, grandchildren, or wards that an employee may have.
c. An employee must provide reasonable advance notice of the need for leave and must make all reasonable efforts to schedule the leave so as not to unduly disrupt the operations of the City. If an emergency makes such notice impossible, the employee shall no tify the employee’s Department Head as soon as possible. Employees returning from leave are required to provide written verification from the school or childcare provider of the employee’s need for leave at the specific time and date. If an employee fails to provide sufficient verification, the City may determine that the leave time was unauthorized.
d. Leave under this section is unpaid. However, an employee may choose to use any accrued vacation time when taking leave under this section. 526
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55 SECTION 4.11 VOLUNTEER FIREFIGHTERS, RESERVE PEACE OFFICERS, AND

EMERGENCY RESCUE PERSONNEL LEAVE
No employee shall be disciplined for taking time off to perform emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue personnel. If an employee is an official volunteer firefighter, reserve peace officer, or emergency rescue personnel, the employee shall alert their supervisor about the potential to take time off for emergency duty. When taking time off for emergency duty, the employee is required to alert their supervisor before doing so when possible. Further, employees are entitled to take a leave of up to fourteen (14) days per calendar year for fire or law enforcement training. Employees may use their accrued vacation leave or take unpaid leave time.

SECTION 4.12 VOTING LEAVE
Employees of the City are expected to vote prior to or following their assigned working hours. If an employee does not have sufficient time outside regular working hours to vote at statewide elections, the employee may take off such working time as will e nable the employee to vote. A maximum of two hours may be taken with pay. To receive time off for voting, the employee must notify the employee’s Department Head in advance. Employees who need Voting Leave, must take such leave at the beginning or end of the employee’s work shift, based on the needs of the Department and the employee’s schedule. The exact amount of time off work and the scheduling of time off shall be decided between the employee and the employee’s Department Head.

Employees who use Vo ting Leave are required to present a voter’s receipt to their Department Heads.

SECTION 4.13 PERSONAL LEAVE OF ABSENCE WITHOUT PAY

4.13.1 Request for Leave.

Upon the request of the employee, a leave of absence without pay may be granted by the City Manager to an employee.
a. An employee shall not be entitled to a leave of absence under this section as a matter of right, but only upon good and sufficient reason. b. Request for leave of absence without pay shall be made in writing to Human Resources and Risk Management, and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. Human Resources and Risk Management will transmit the request to the City Manager. In evaluating the leave request, the City Manager may request further reasonable documentation in support of the employee’s request for a leave of absence without pay, including confir mation that the employee is reasonably expected to return to work with the City upon conclusion of the authorized leave period, in accordance with applicable laws.
c. Mandatory Exhaustion of Paid Leaves. If an employee is requesting a leave of absence for medical reasons, the employee is required to first fully exhaust all of employee’s paid leaves to be eligible to receive a leave of absence without pay. If an employ ee is requesting a leave of absence for non-medical personal reasons, the employee is required to fully exhaust all of the employee’s paid leaves, except sick leave, in order to be eligible to receive a leave of absence without pay.
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56 d. Authority to Grant a Leave of Absence Without Pay. The City Manager may grant an employee a leave of absence without pay for a period not to exceed six months. After three months, the leave of absence may be extended if so authorized by the City Manager. Extensions of leaves of absence will not be granted unless, in the judgment of the City Manager, the City would not experience undue hardship from the employee’s continued absence, or the particular circumstances would otherwise justify the extension. T he approval or rejection of the City Manager will be in writing, final, and not subject to any appeal. e. Return to Work. Upon expiration of a regularly approved leave, the employee will be reinstated in the position held at the time leave was granted, provided such position continues to exist. An employee on leave who fails to report to duty promptly at its expiration will be subject to disciplinary action for being on an unauthorized absence and may trigger Job Abandonment provisions under Section 7.3.

4.13.2 Conditions of Leave.

A leave of absence without pay granted by the City Manager shall not be construed as a break in continuous service or employment, and rights accrued at the time leave is granted shall be retained by the employee. A person granted such leave shall not accrue any paid leaves of absence (vacation, sick leave), shall not receive increases in salary and other similar benefits, and shall not be eligible to receive cafeteria contributions and reimbursements during the period of absence, unless required by law. An employee reinstated a fter leave of absence without pay shall receive the same step in the salary range he/she received when he began his/her leave of absence. Time spent on such leave without pay shall not count toward service for increases within the salary range, and the employee’s salary anniversary date shall be set forward one month for each thirty (30) consecutive days taken.

SECTION 4.14 JURY DUTY OR WITNESS APPEARANCE LEAVE
Every employee of the City who is called to jury duty will be granted leave to perform the same.

Upon receipt of a jury duty summons, employees must promptly notify their supervisor and provide a copy of the notice to their supervisor or department head. Further, an employee who is ordered or subpoenaed to appear as a witness in any judicial proceeding during their normally scheduled work hours will be given leave to fulfill their obligation. An Employee requesting leave to appear as a witness pursuant to an order or subpoena must provide verification of their witness obligation to their supervisor or department head. The City may require any employee on leave under this section to report to duty during regularly scheduled work hours if such scheduled work hours are outside of two hours of the employee’s required jury duty service or subpoena to appear as a witness.

Any regular full-time employee or regular part-time employee, who is required to serve as a juror or subpoenaed as a witness in any State or Federal court, or any administrative board or tribunal, shall be entitled to up to forty (40) days of their base pay while performing services as a juror or a witness for the duration of such service; provided that any such employee shall be required to pay over to the City any amount he/she receives for jury fees, exclusive of approved travel and subsistence.

SECTION 4.15 EXEMPT EMPLOYEE LEAVE
Exempt employees are authorized a paid leave (time off with pay) each calendar year.

Department Heads will receive one -hundred (100) hours of paid leave per calendar year, 528
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57 management employees, as listed on appendices A and B to this Manual, and non-management exempt employees, as listed in appendix C to this Manual, will receive eighty (80) hours of paid leave per calendar year. Such employees shall receive paid leave according to the following schedule:
a. During first calendar year as an exempt employee: Department Heads shall be credited twenty-five (25) hours at the beginning of each calendar quarter beginning with their date of hire as a Department Head until the end of the same calendar year. Employees in appendices A, B, and C shall be credited twenty (20) hours at the beginning of each calendar quarter beginning with the ir date of hire , as a management employee or non -management exempt employee, until the end of the same calendar year.
b. During the second calendar year , exempt employees shall be credited leave according to the following schedules:
(i) Department Heads:
(A) January 1 until the end of the quarter encompassing the employee’s anniversary date as a Department Head : the Department Head shall be credited twenty-five (25) hours for each calendar quarter starting with January 1 until the end of the quarter encompassing the employee’s anniversary date as a Department Head. (B) Following the quarter encompassing the employee’s anniversary date as a Department Head until the end of the second calendar year: the Department Head shall be credited the remaining leave amount for the second calendar year as a lump sum credit. (ii) Management and Non-Management Exempt Employees:
(A) January 1 until the end of the quarter encompassing the employee’s anniversary date as management or non-management exempt employee: the employee shall be credited twenty (20) hours for each calendar quarter starting with January 1 until the end of the quarter encompassing the employee’s anniversary date as a management or non-management exempt employee.
(B) Following the quarter encompassing the employee’s anniversary date as a management or non -management exempt employee until the end of the second calendar year: the employee shall be credited the remaining leave amount for the second calendar year as a lump sum credit.
c. During the third calendar year and each subsequent calendar year thereafter as a Department Head, management, or non -management exempt employee: Department Heads shall be credited their annual one-hundred (100) hours of leave on January 1. Management and non-management exempt employees shall be credited their annual eighty (80) hours of leave on January 1.

Leave hours provided under this section 4.15 not used within the calendar year in which they are credited are forfeited and not subject to cash out. Employees shall receive cash out of any unused accrued exempt employee leave at termination of employment. 529
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58 SECTION 4.16 BEREAVEMENT LEAVE
An Employee is eligible to receive leave under this section if the employee has been employed by the City for at least thirty days prior to commencement of leave. If an employee loses an immediate family member, as defined in this section below, the employ ee will be allowed paid time off of up to five (5) days . Regular and probationary part time employees will receive paid time off for five days based on their average hours worked per week in the prior thirty days. Leave days under this section need not be consecutive, but shall be completed within three months of the date of death of the immediate family member.

For the purposes of this section, an immediate family member means: a spouse, domestic partner, child, parent, sibling, grandparent, grandchild, parent-in-law, or foster children or legal wards and legal guardians. An employee must inform the employee’s su pervisor prior to commencing bereavement leave. In administering this section, the City may require verification of death within 30 days of the first day of the leave. Any documentation provided by the employee to support leave under this section shall be maintained as confidential.

SECTION 4.17 REPRODUCTIVE LOSS LEAVE
Upon completion of thirty (30) days of employment with the City, an employee shall be eligible to receive reproductive loss leave as provided in this section.

a. Definitions applicable to this section.
(i) 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.
(ii) 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 any person who would have been the parent if the adoption was completed.
(iii) Failed surrogacy: means the dissolution or breach of a surrogacy agreement, or a failed embryo transfer to the surrogate. This event applies to any person who would have been the parent if the child was born as a result of the surrogacy. (iv) 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.
(v) 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. (vi) 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. 530
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59 b. Leave Entitlement. An employee may receive up to five (5) days of unpaid leave under this section following a reproductive loss event. If an employee experiences more than one reproductive loss event within a twelve (12) -month period, the City may grant additional reproductive loss leave, under this section, up to twenty (20) days within a twelve (12) month period. An employee may use leave entitlement under this section nonconsecutively. Except as otherwise provided in subsection 3 “Impact of Other Leave” below, leave under this section shall be completed within three (3) months of the reproductive loss event. c. Impact of Other Leave. If prior to or immediately following a reproductive loss event, an employee is on or chooses to go on leave under section 4.4, or any other leave entitlement under state or federal law, the employee shall complete leave under this section within three (3) months of the end date of the other leave.
d. Use of Accrued Paid Leave. An employee may use vacation leave, sick leave, or other leave that is otherwise available to the employee to receive compensation while on leave under this section.
e. Nonretaliation; Noninterference. The City will not retaliate against an employee, including imposing any disciplinary action, because of the employee’s exercise of the right for leave under this section or an employee giving information or testimony as to their own reproductive loss leave, or another person’s reproductive loss leave. Further, the City will not interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this section.
f. Confidentiality Provision. The City will maintain the confidentiality of any employee requesting leave under this section. Any information provided to the City pursuant to this section will be maintained as confidential and will not be disclosed except, as necessary, to internal personnel, legal counsel, or as may otherwise be required by law.

SECTION 4.18 INDUSTRIAL ILLNESS AND/OR INJURY LEAVE

4.18.1 Industrial Illness/Injury Leave.

The City will grant a leave of absence to any employee who is unable to work due to an industrial illness/injury.
a. Duration. Leave duration under this section shall continue until: a) the City determines that the employee is released to return to work by the employee’s health care provider without restrictions; b) the employee’s health care provider releases employee to work wit h restrictions, and the City determines that it has a reasonable accommodation for the restrictions; or c) the City receives evidence, which the City deems satisfactory, from the employee’s health care provider that the employee is unable to return with or without restrictions. The City may also terminate a leave of absence under this section if the employee retires from City employment or the employee fails to cooperate in good faith in the interactive process with the City to determine whether reasonable accommodation is available to return to work. b. Coordination. If leave under this section is also designated as FMLA/CFRA leave of absence, the employee may coordinate any unused accumulated sick and vacation hours with any workers’ compensation insurance, long term disability, and any other wage replacement benefits, up to an amount equal to the employee’s regular salary. Employee taking leave under this section that is not designated as FMLA/CFRA, shall coordinate unused accumulated sick 531
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60 hours with workers’ compensation insurance, long term disability, and any other benefits provided to the employee, up to an amount equal to the employee’s regular salary.

SECTION 4.19 FITNESS FOR DUTY LEAVE AND EXAMINATION
Employees are expected to report to work fit for duty, which means able to perform their job duties in a safe, appropriate, and effective manner, free from adverse effects of physical, mental, emotional, and/or personal issues. This section is intended to provide a safe environment and protect the health and welfare of employees and the public. If an employee feels that the employee is not fit to perform the employee’s duties, the employee must notify the employee’s supervisor immediately.
a. Reasons for Fitness for Duty Leave . In the discretion of the City, an employee may be placed on a paid Fitness for Duty Leave and/or ordered to participate in a fitness for duty examination in any of the following situations:
(i) An employee returns from a medical leave of absence of more than five working days.
(ii) An employee is involved in the interactive process with the City to determine whether there is a reasonable accommodation for the employee’s medical or mental condition.
(iii) Supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations and reports may be based on, but are not limited to, employee’s own self -report of potential unfitness, dexterity, coordination, alertness, speech, vision acuity, concentration, disproportionate response to criticism, and inappropriate or uncharacteristic interactions with the public, co-workers, and supervisors. (iv) Fitness for duty examinations based on a reasonable suspicion that an employee is under the influence of impairing drugs or alcohol shall be conducted in accordance with the City’s Alcohol and Drug Policy.
b. Procedures for Ordering a Fitness for Duty Examination . When a Supervisor becomes aware of or observes behavior that makes the Supervisor reasonably suspect that the employee may not be fit for duty, the Supervisor, shall refer the employee to Human Resources and Risk Management who will determine if a fitness for duty examination is appropriate, and, if so, will schedule the employee for a fitness for duty examination. If the circumstances warrant it, the Department Head may place the employee on paid leave pending the results of the employee’s fitness for duty examination. The examination shall be paid for by the City. c. Procedure Following Receipt of Examination Results . The doctor examining the employee shall be limited to finding the employee “fit for duty” or “fit for duty with restrictions” or “unfit for duty.” In the case of finding an employee fit for duty, the doctor may issue work restrictions. In no case shall the doctor reveal the underlying cause of the fitness or unfitness for duty without the employee’s permission.
(i) Fit for Duty. If the doctor finds the employee is fit for duty, the employee shall return to work immediately and perform all duties of the employee’s position. 532
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61 (ii) Fit for Duty with Restrictions. If the doctor finds the employee is fit for duty with restrictions, the doctor shall specifically enumerate what restrictions are necessary and for how long those restrictions are necessary. The City shall then evaluate those restrictions, and determine if the City can reasonably accommodate those restrictions. If the employee’s restrictions are based on a disability as defined by the ADA and/or FEHA, the City shall engage in the interactive process as required by law.
(iii) Unfit for Duty. If the employee is found to be unfit for duty, the employee shall not be permitted to work. The employee may request a leave of absence in accordance with the appropriate applicable provision(s) of this Manual. If the employee can provide certificatio n of fitness for duty prior to the exhaustion of all paid and unpaid leave that the employee is entitled to under this Manual, the employee shall be returned to work. However, if such certification is from the employee’s own health care provider, the City may request a second opinion from a doctor of its choosing and at its cost to evaluate the employee under the requirements of this section. If the two certifications conflict, a third opinion will be sought from a doctor chosen by the City and the employee, at the expense of the City. The opinion of fit or unfit rendered by the third doctor shall be binding. If the employee’s restri ctions are based on a disability as defined by the ADA and/or FEHA, the City shall engage in the interactive process as required by law. 533
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62 CHAPTER 5 – EMPLOYEE CONDUCT, DISCIPLINE AND DISCIPLINARY APPEALS

SECTION 5.1 GENERAL POLICY STATEMENT
Regular full-time and regular part-time employees in the classified service of the City may not be suspended, demoted, dismissed, or reduced in pay for disciplinary reasons, without just cause.

This Chapter 5 of this Manual does not apply to probationary employees, “at-will” employees, and temporary part-time employees.

Discipline may be necessary when this Manual or standalone City policies are violated, or City expectations are not met, including an employee’s failure to satisfactorily perform assigned job duties. The causes for disciplinary action against an employee may include, but are not limited to, the following:

SECTION 5.2 TYPES OF DISCIPLINARY ACTIONS
While the City maintains a progressive disciplinary system, the City may impose discipline at any level that is appropriate for the employee’s action up to and including termination.

5.2.1 Verbal Reprimand.

An employee may be verbally reprimanded about his/her inappropriate behavior. The supervisor may make a brief notation regarding the date and substance of the verbal reprimand in the personnel file. If an employee’s conduct does not improve, reference to the verbal reprimand may be made in a subsequent written reprimand or performance evaluation. The procedures in Sections 5.6 and 5.7 are inapplicable to verbal reprimands. Verbal reprimands are not subject to any employee appeal or grievance.

5.2.2 Written Reprimand.

An employee may receive written notification indicating the City is dissatisfied with the employee’s services or conduct and that further disciplinary measures may be taken if the behavior is not corrected. The written reprimand may include details about 1 ) the date and time of the conduct underlying the reprimand, 2) what occurred and/or the nature of the violation, and 3) what the employee must do to correct the situation. The written reprimand must be signed by the employee and the employee’s supervisor or department head and then filed with Human Resources and Risk Management. If the employee refuses to sign the written reprimand, their refusal must be noted on the written reprimand. Once issued, the employee will receive one copy of the fully executed written reprimand and a second copy will be placed in the employee’s personnel file.

The procedures in Sections 5.6 and 5.7 are inapplicable to written reprimands. Written reprimands are not subject to any employee appeal or grievance.

5.2.3 Suspension.

An employee may be suspended without pay for disciplinary reasons.

5.2.4 Disciplinary Reduction in Pay.

An employee’s pay rate within their pay range and class may be reduced for disciplinary reasons. 534
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63 5.2.5 Disciplinary Demotion.

An employee may be demoted from a position in one class to a position in another class having a lower maximum pay rate for disciplinary reasons. The demotion may be permanent or temporary.

5.2.6 Dismissal.

An employee may be dismissed from City service for disciplinary reasons.

SECTION 5.3 GROUNDS FOR DISCIPLINARY ACTION
Discipline will not be imposed except upon a showing of just cause, which may include, but shall not be limited to the following:

1. Fraud. To secure employment by providing false documents or knowingly mak ing false statements or significant omissions, either orally or in writing, on a City employment application or in any supporting documents.

2. Incompetence. Failure to perform some or all of the job duties; unsatisfactory, inefficient, or careless work; the inability or refusal to improve work performance in accordance with written or verbal direction after a reasonable time period.

3. Neglect of Duty . Failure to perform one or more essential duties required of the employee’s position; unauthorized sleeping while on duty; intentional, negligent or reckless behavior resulting in spoilage or waste of City property; sabotage of City property, equipment, v ehicles or work product; failing to take reasonable action while on duty or when required by law.

4. Poor performance. Substandard job performance.

5. Inability to maintain qualification. failure of an employee to maintain minimum job qualifications.

6. Insubordination. Willful failure to conform to a supervisor’s legitimate requests and directions; refusing to comply with reasonable work assignments made by a supervisor.

7. Alcohol or Drug Use. Any violation of the City’s Drug- and Alcohol-Free Workplace Policy.

8. Absence Without Leave. Being away from work during assigned duty hours without permission, tardiness, failure to return from leave, and/or improper use of leave.

9. Discourteous Treatment of Others. Disparaging remarks that discredit a co- worker or disrupt or subvert the good order, efficiency and discipline of the City or any department thereof; engaging in gossip or rumor mongering or other behavior which creates discord and disharmony in the wor kplace; engaging in bullying behavior; general discourteous, uncooperative, or offensive treatment of employees, contractors, the public or others doing business with the City. 535
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64 10. Conduct that is Unbecoming a City Employee. Conduct which tends to discredit the City, whether on duty, off-duty in uniform or on City property.

11. Improper or Unauthorized Use of City Property. Using City telephone, or computer equipment for personal use or gain; using City equipment or City vehicles for personal use or gain; unauthorized possession of, loss of, or damage to any City property; theft or removal of any City property; violating the California Vehicle Code while operating a City vehicle; operating City vehicles or equipment or privately - owned vehicles on City business without a current driver ’s license; involvement in preventable traffic accident while on duty.

12. Conflict of Interest/Employment/Activity/Enterprise. Outside employment, activity or enterprise not authorized by the City Manager.

13. Gifts. Acceptance of any gift or other form of remuneration, in addition to the employee’s regular compensation, for the actions performed in the normal course of the employee’s assigned duties, in violation of applicable laws, regulations and/or policies.

14. Falsifying Records . Falsifying, modifying, or altering City reports or records, including timesheets, or making misleading entries or statements, or failing to disclose material facts, or destroying or mutilating any City record or other document.

15. Dishonesty. The lack of honesty, deceit, and willful misrepresentation of facts.

16. Unethical Behavior. Failure of any employee to report any activities on his/her part where such activities may result in criminal prosecution or result in discipline under this policy; failure of any employee to report official contacts by any law enforcement agency; concea ling or attempting to conceal defective work; the exercise of authority for any improper purpose; making false, misleading or malicious statements to a supervisor or which harm or destroy the reputation, authority or official standing of a co-worker; using a badge, uniform, identification card or other City property for personal gain or other improper purpose; attempted or actual theft of City property or the property of others.

17. Discrimination and Harassment and/or Sexual Harassment . Discrimination or harassment in violation of the City’s Policy Prohibiting Discrimination, Harassment, and Retaliation.

18. Safety. Violating safety rules; failing to wear required safety equipment; tampering with safety equipment; failing to report any on -the job or work -related accident or injury within 24 hours; engaging in reckless behavior that endangers self or safety or that of a co-worker or member of the public; threatening or engaging in acts of violence, engaging in horseplay, while on duty, or off -duty in uniform or on City property; unauthorized possession of a weapon, firearm or explosive while on duty, or off-duty in uniform or on City property, during working hours, or while acting in the capacity of a City employee; smoking/vaping/using e -cigarettes outside of designated smoking areas.
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65 19. Security. Unauthorized access to confidential information or records; unauthorized release of confidential information or records; unauthorized access into secured City offices, City buildings, or both; providing unauthorized access into City offices or City buildings to third parties, whether co -workers or members of the public; negligently misplacing security access codes, keys, electronic keys or cards that provide access to secured City offices or City buildings; loitering on City property.

20. Convictions. The conviction of either a misdemeanor or a felony where the conviction has a nexus (as reasonably determined by the City in its sole discretion) with the employee’s duties. The conviction shall be conclusive evidence of the misconduct having occurred for disciplinary purposes. A plea or verdict of guilty, or a conviction showing a plea of Nolo Contendere is deemed to be a conviction for disciplinary purposes.

21. Threats. Threatening, intimidating or coercing co-workers or members of the public while on duty, or while off-duty in uniform or on City property.

22. Interference. Interfering with investigations conducted by the City, its management or designated agents of the City.

23. Obscene Language. Obscene or abusive language toward a co-worker, a member of the public, or other person while on duty, or while off -duty in uniform or on City property.

24. Supervisor Obligations. Failure of a supervisor to ensure that subordinates comply with the written rules, regulations, policies and procedures of the City or any department thereof; failure of a supervisor to report misconduct of a subordinate to his/her supervisor or to document such misconduct; discriminatory treatment of subordinates.

25. Gambling. Gambling on City property or during work hours.

26. Violation of Rules. Violation of this Manual or any of the City’s policies, ordinances, and resolutions. This also includes violations of rules, regulations, or orders established by the employee’s supervisor or department head.

SECTION 5.4 DISCIPLINING AUTHORITY
The employee’s Department Head shall be the Disciplining Authority. For employees in the classified service who report directly to the City Manager, the City Manager shall be the Disciplining Authority.

The Disciplining Authority may issue proposed discipline, may serve as the Skelly Officer, and may impose discipline. The Disciplining Authority may not serve also serve as the Appeal Officer.

SECTION 5.5 MAJOR AND MINOR DISCIPLINE

5.5.1 Major Discipline.

Major discipline is defined to include dismissal, suspension of five (5) or more days, reduction in pay, or involuntary demotion.
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66 5.5.2 Minor Discipline.

Minor discipline is defined to include verbal reprimand, written reprimand, and suspension of four (4) days or less.

SECTION 5.6 DISCIPLINARY PROCEDURES

5.6.1 For disciplinary action more severe than a written reprimand, the following procedures apply: Written Notice of Intent to Discipline (“Skelly Notice”).

When the Disciplining Authority determines that an employee has committed an act or omission that justifies discipline more severe than a written reprimand, the Disciplining Authority or his/her designee shall provide the employee with written notice of the proposed disciplinary action. Such notice shall include:
a. A statement which clearly defines the intent to take action, the proposed action to be taken, and the proposed effective beginning and ending time of intended action. b. A statement of the specific grounds and particular facts upon which the proposed disciplinary action will be taken.
c. A copy of all written materials, reports, or documents upon which the intended action is based.
d. A statement that the employee will be afforded the right to respond to the Notice of Intent, either verbally, in writing, or both within five business days upon receipt of the intended disciplinary action, to the designated Skelly Officer.
e. A statement that if the employee fails to respond in the time frame specified will constitute a waiver of the right to respond.
f. If personally delivered, the employee’s signature on the Notice of Intent will acknowledge receipt of said notice by the employee. If the employee refuses to sign, it will be noted as such on the Notice of Intent. The signature documentation on the Notice of Intent will acknowledge that the employee received the Notice of Intent.

5.6.2 Employee Response/Pre-Disciplinary (“Skelly”) Conference.

Within five business days after the employee has been served with the Notice of Intent, the employee will have the right to respond, verbally or in writing, at the employee’s option, to the Skelly Officer. If, within the five business days response period, the employee does not provide a written or verbal response, the proposed action of the City will be considered conclusive and will take effect as set forth in the Notice of Intent. Prior to the expiration of the five business days, the response date may be adjusted by mutual agreement, but unreasonable delay will not be tolerated.

The employee’s response will be fully considered before the City issues any final notice of disciplinary action. During the Skelly Conference, the employee will be given a full opportunity to respond to the Notice of Intent. This is not intended to be an adversarial hearing. The employee will not be accorded the opportunity to cross-examine City witnesses, or to present a formal case in opposition to the proposed discipline.
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67 Should the Skelly Officer determine that the employee’s response warrants further investigation, the Skelly Officer may delay the implementation or modification of the proposed disciplinary action until such time as the further investigation is completed. In the event the investigation produces facts that warrant more severe disciplinary action than originally proposed, the Skelly Officer will re-implement the Written Notice of Intent to Discipline procedures, above.

5.6.3 Written Notice of Final Disciplinary Action.

The Skelly Officer has the authority, after considering the employee’s response and additional investigation, if any, to modify, revoke, or impose the proposed disciplinary action.

If the Skelly Officer decides to modify the proposed action, the Skelly Officer will notify the employee by either issuing a revised Notice of Intent (for more severe disciplinary action than originally proposed) or a Notice of Imposition (for less severe disciplinary action than originally proposed). The Notice of Imposition will also include the effective date of any disciplinary action issued. The decision of the Skelly Officer is final and shall be imposed.

If the Skelly Officer decides to revoke the disciplinary action, the Skelly Officer will advise the employee in writing, and the original intent to impose disciplinary action will be discarded and no record made in the employee’s personnel file. The decision of the Skelly Officer is final and shall be imposed.

If the Skelly Officer decides to implement the discipline as originally proposed in the Notice of Intent, the Skelly Officer will notify the employee in writing by providing him/her with a Notice of Imposition. The Notice of Imposition will also include the effective date of any disciplinary action issued. The decision of the Skelly Officer is final and shall be imposed.

The employee will be advised in writing of any right of appeal The Notice of Imposition or other final decision of the Skelly Officer will be delivered to the employee in accordance with Section

5.10, and shall include the following details:
a. The disciplinary action imposed;
b. The grounds upon which the disciplinary action is based; c. The specific acts or omissions that constitute the basis for the disciplinary action; d. Notice of the employee’s right to appeal the Department Head’s decision to the City Manager, if identified as an appealable decision;
e. Copies of all materials upon which the disciplinary action is based; f. Notice of the employee’s right to review and copy anything contained in his or her personnel file;
g. Where applicable, notice that failure to file an appeal within a specified time frame will constitute a waiver of the right to appeal.
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68 SECTION 5.7 APPEAL PROCEDURES

5.7.1 Minor Discipline.

There is no appeal for minor discipline.

5.7.2 Major Discipline.

Any employee who has received a Notice of Imposition imposing major discipline shall be entitled to request an evidentiary appeal of the imposition of discipline. Such appeal shall provide all rights afforded by due process under the law, including the employee’s right to call witnesses, cross examine witnesses, and present evidence in support of the employee’s appeal. a. Request for Appeal Hearing. An employee wishing to appeal any major discipline shall have ten (10) calendar days after receipt of the Notice of Imposition to submit a written and signed request for appeal hearing. The employee’s request for appeal must be addressed to the City Manager and shall identify the subject matter of the appeal, the grounds for the appeal, and the relief desired by the employee. All appeal hearings shall be conducted in private unless the employee requests a public hearing.
b. Scheduling of Appeal Hearing . The City Manager shall schedule the appeal hearing within a reasonable time after the designation of an Appeal Officer, considering the availability of the Appeal Officer, the employee, and any witnesses. c. Appeal Officer.
(i) When a person other than the City Manager was the Disciplining Authority, the City Manager may choose to act as the Appeal Officer and conduct the hearing himself/herself and make the final decision.
(ii) When a person other than the City Manager was the Disciplining Authority, the City Manager may, at the City Manager’s sole discretion, refer the hearing to an outside Appeal Officer, who will be selected by contacting the California State Mediation and Conciliation Service. The California State Mediation and Conciliation Service shall be requested to submit a list of seven persons qualified to act as an Appeal Officer to the City and the employee. Within ten days following receipt of the list of Appeal Officers, the parties shall meet to select the Appeal Officer. The parties shall alternately strike one name from the list of hearing officers (the right to strike the first name to be determined by lot) until one name remains, and that person shall be the Appeal Officer.
(iii) When the City Manager was the Disciplining Authority, the City Manager shall refer the hearing to an outside Appeal Officer by contacting the California State Mediation and Conciliation Service. The California State Mediation and Conciliation Service shall be requested to submit a list of seven persons qualified to act as Appeal Officers to the City and the employee. Within ten days following receipt of the list of Appeal Officers, the parties shall meet to select the Appeal Officer. The parties shall alter nately strike one name from the list of Appeal Officers (the right to strike the first name to be determined by lot) until one name remains, and that person shall be the Appeal Officer. . .
d. Representation and Employee Appearance at Appeal Hearing . The employee is entitled to be represented by counsel or other representative at the appeal hearing. However, an 540
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69 employee who requests an appeal hearing must be present during the appeal hearing. Failure to be present shall constitute a waiver of the employee’s right to an appeal. Waiver will not occur if the employee can demonstrate good cause for his/her failure to be present within three (3) working days from the date the employee fails to appear. e. Conduct of Appeal Hearing . The proceedings before the Appeal Officer shall be conducted as follows:
(i) All parties shall have the following rights:

1. To call and examine witnesses;

2. To introduce evidence;

3. To cross examine opposing witnesses on any matter relevant to the issue, even if the matter is not covered in the direct examination;

4. To impeach any witness regardless of which party first called him/her to testify;

5. To rebut the evidence against them; and

6. To present oral and written arguments
(ii) The City shall have the burden of proof at the appeal hearing and shall be required to prove the charges against the employee by a preponderance of the evidence. (iii) The party imposing discipline shall be permitted to make an opening statement.
(iv) The appealing party shall then be permitted to make an opening statement. (v) The party appealing from such disciplinary action may then open the appealing party’s defense and offer evidence in support of the appealing party’s position; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted.
(vi) The parties may then, in order, respectively offer rebutting evidence only, unless the Appeal Officer for good reason, permits them to offer evidence upon their original case (vii) Closing arguments shall be permitted at the discretion of the Appeal Officer; and Written briefs may be permitted at any point in the proceedings at the discretion of the Appeal Officer.
(viii) The appeal hearing shall not be conducted in accordance with the technical rules relating to evidence and witnesses, but shall be conducted in a manner most conducive to the determination of the truth. Any relevant evidence may be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in a court of law. The Appeal Officer’s decision shall not be invalided by any informality in the proceedings.
(ix) Hearsay evidence may be used for the purpose of explaining any direct evidence but shall not be sufficient in and of itself to support a finding, unless it would be admissible over objections in civil actions.
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70 (x) The Appeal Officer shall not take testimony from one (1) party outside the presence of the other.
(xi) The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions.
(xii) Irrelevant evidence and unduly repetitious evidence shall be excluded. (xiii) The Appeal Officer shall determine the relevancy, weight, and credibility of testimony and evidence.
(xiv) The Appeal Officer shall have the power to exclude any witnesses. f. Appeal Officer’s Decision. Within thirty (30) days after the close of the hearing, a written statement of decision, containing findings of fact, shall be issued by the Appeal Officer.

The Appeal Officer shall have the authority to recommend affirming, revoking, or reducing the Disciplinary Action imposed against the employee. The Appeal Officer may not provide for discipline more stringent that than that imposed by the City. The Appeal Officer shall present their advisory opinion to the City Manager, the City Manager shall have an additional fifteen (15) days to consider the advisory opinion and any written objections to the advisory opinion filed by the parties before the City Manager must issue a final decision. The parties shall have seven (7) days from the date the advisory opinion is issued to file written objections with the City Manager.

The City Manager’s decision constitutes a final and binding resolution of any Disciplinary Action, and no further appeal shall be permitted within the City’s administrative process. A copy of the City Manager’s final decision shall be provided to the employee.

In cases where the City Manager was the Disciplining Authority, The Appeal shall provide advisory decision to the City Council, who will then make their final decision to ratify or modify the Appeal Officer’s decision at their next regularly scheduled City Council meeting. City Council’s decision shall be final and binding on the parties.

Notwithstanding the above, the Appeal Officer shall not have binding authority to add, modify, or subtract from the Personnel Policies and Procedures Manual, or any resolutions, ordinances, or policies adopted by the City. Further, the Appeal Officer shall not have the a uthority or power to render a binding decision that requires the City to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in the Personnel Rules, or an y resolutions, ordinances, or policies adopted by the City. The Appeal Officer shall not have the authority to require the City to perform any other action that would violate state or federal laws.

SECTION 5.8 PLACEMENT ON PAID ADMINISTRATIVE LEAVE PENDING DETERMINATION

OF DISCIPLINARY ACTION
An employee may be placed on an Administrative Leave with Pay to allow the City time to investigate potential allegations of misconduct, while the Disciplinary Action is in process, or when the City Manager determines that it is in the best interest of the City. The employee must be available by telephone during his/her normal working hours and able to report to the City within sixty (60) minutes if directed to do so. The employee may also be required to provide an email address that may be used for written communications. When an employee is placed on Administrative Leave with Pay during an investigation, the City may direct him/her to not discuss 542
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71 the alleged violation or the Disciplinary Action with anyone, except a representative of his/her choice. Failure to remain available as provided in this section will be a separate and independent ground for Disciplinary Action, unless the employee has requested and received authorization to use vacation, sick, or other leave time for the time in question. This section is not i ntended to prevent the employee from communicating with his/her representative of choice, including legal counsel.

SECTION 5.9 TIME EXTENSIONS
Any time limitations or requirements as set forth under this Chapter may be extended or changed by mutual written agreement of the parties.

SECTION 5.10 DELIVERY OF NOTICES
When notice is required under this Chapter, the notice shall be given to the affected employee either by delivery of the notice to the employee in person; or if the employee is not available for personal delivery, by sending by overnight delivery, or by placing the notice in the United States mail, first Class, postage paid, and by Certified Mail, return receipt requested, in an envelope addressed to the employee’s last known home address. It shall be the responsibility of the employee to inform the City, in writing, of his/her current home address and of any change in such address, and the information so provided shall constitute the employee’s “last known home address”. Such personal delivery or mailing shall be presumed to provide actual notice to the employee.

SECTION 5.11 DISCIPLINARY RECORDS
Original copies of all written records pertaining to disciplinary actions shall be maintained in the employee’s confidential personnel file.
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72 CHAPTER 6 – EMPLOYEE SAFETY
SECTION 6.1 DRUG- AND ALCOHOL-FREE WORKPLACE
It is the policy of the City to maintain a workplace that is free from the effects of alcohol and drugs.

The City’s policy on a drug and alcohol -free workplace is set forth in a separate administrative policy.

SECTION 6.2 EMPLOYEE SAFETY

6.2.1 General Safety
Employee safety is of utmost concern and each employee is expected to exercise safe work practices for his/her own benefit and the benefit and welfare of his/her co -workers. The City’s Injury and Illness Prevention Program provides more specific informatio n regarding workplace safety. Each employee is responsible for reviewing and complying with the Injury and Illness Prevention Program.

6.2.2 Entering and Leaving the Premises
At the time of hire, employees will be advised about the proper entrances and exits for employees, as well as unauthorized areas, if any. Employees should not be in City work areas except for their regularly scheduled or overtime shifts or attendance at a City authorized meeting. For insurance purposes, unescorted or unauthorized visitors in our facilities is prohibited. If an employee is expecting visitors, such as clients, customers or friends, the employee should notify his/her supervisor. Certain employees are authorized to arm and disarm the building alarms, and they will be given instruction on the alarms and codes. Employees are expected to abide by these rules at all times. Failure to do so may lead to disciplinary action, including and up to termination of employment.

6.2.3 Security Checks – Packages/Parcels
The City may exercise its right to inspect all packages and parcels entering and leaving our premises.

6.2.4 Parking Lot
Employees are encouraged to use the parking areas designated for our employees. Please keep in mind that the parking spaces adjacent to or in front of our building(s) are for customers and visitors only. Employees are reminded to lock their car every day a nd park within the specified areas.

Courtesy and common sense in the parking lot will help eliminate accidents, personal injuries, and damage to employee vehicles. Remember that the area around all buildings, especially the City’s administration building, has a great deal of pedestrian walking activity - please maintain a safe driving speed at all times . If an employee should damage another car while parking or leaving, he/she must immediately report the incident, along with the license numbers of both vehicles and any other pertinent information he/she may have, to his/her supervisor.

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73 The City cannot be and is not responsible for any loss, theft or damage to an employee’s vehicle or any of its contents.

6.2.5 Security
Maintaining the security of City buildings and vehicles is every employee's responsibility. Develop habits that ensure security as a matter of course. For example:
• Always keep cash properly secured. If you are aware that cash is insecurely stored, immediately inform the person responsible.
• Know the location of all alarms and fire extinguishers and familiarize yourself with the proper procedure for using them, should the need arise. • Note and promptly report suspicious circumstances or persons about the premises. 545
74 CHAPTER 7 – SEPARATION FROM EMPLOYMENT AND FURLOUGH

SECTION 7.1 RESIGNATION/RETIREMENT
An employee wishing to resign is asked to submit a written notice two weeks prior to leaving. The notice should include the reasons for resignation and the effective date. The last day of employment shall not fall on a paid holiday. Employees contemplating retirement should contact Human Resources and Risk Management at least 90 days prior to their anticipated retirement date. Employees will not be considered as “retired” from the City for purposes of any terms or conditions for City “retirees” unless the employee resigns from City service and also retires with CalPERS in accordance with applicable statutes, rules, and regulations.

Prior to leaving, the Human Resources and Risk Management Director, will arrange an exit interview to collect issued items, where the employee will be expected to return all City property, including keys to City facilities or work areas, uniforms, equipmen t and the City Employee Identification Card.

SECTION 7.2 LAYOFF

7.2.1 General Policy
Whenever, in the judgment of the City Manager, and subject to City Council approval by resolution, it becomes necessary to abolish any position or employment, the employee holding such position or employment may be laid off without disciplinary action and without the right of appeal. The City Manager will determine the class and number of positions to be affected, and the layoff date.

Action under this section may be taken for any of the following reasons:
a. Lack of Work;
b. Budgetary Reasons;
c. Elimination of Programs;
d. Elimination of Services; or
e. Any other legitimate reason as determined by the City Manager

7.2.2 Order of Layoff
In each class of positions, employees will be laid off according to employment status in the following order: temporary, part -time, probationary, then regular. Temporary, part -time, and probationary employees will be laid off according to the needs of the service as determined by the City Manager. In cases where there are two or more regular employees in the class from which the layoff is to be made, such employees will be laid off on the basis of the most recent performance evaluation, with the employee with the least satisfactory performance being laid off first. In cases where their most recent performance evaluations are equal, the employee with less seniority will be laid off first. For purposes of layoff, “seniority” is defined as total time employed by the City from the employee’s date of hire to present. 546
75 7.2.3 Vacancy and Demotion
Except as otherwise provided, whenever there is a layoff, the City Manager may, but is not required to, first demote an employee identified for lay -off to a vacancy, if any, within the department in a lower class for which the employee is qualified. Secondly, employees may request to demote to a vacant position within the organization. An employee who is offered a demotion has the right to refuse the demotion without losing his/her right to be placed on a reemployment list.

7.2.4 Recall List
The name of every regular employee who is laid off, transferred, or demoted to a classification in the same department for longer than one (1) pay period due to layoff, shall be placed on the Recall List maintained by Human Resources and Risk Management.

Vacancies to be filled within a department shall be offered, first in order of performance, to individuals named on the Recall List who at the time of the layoff, held a position in the same regular full time job classification or in the same regular part time job classification within the department as the vacancy to be filled. Individual names may be removed from the Recall List by the Human Resources and Risk Management representative, for any of the following reasons:
a. The expiration of one (1) year from the date of placement on the List. b. Reemployment with the City in a regular full -time position in a department other than that from which the employee was laid off.
c. Failure to respond within fourteen (14) calendar days of mailing of a certified letter regarding availability for employment.
d. Failure to report to work within fourteen (14) calendar days of mailing of a certified letter containing a notice of reinstatement to a position absent mitigating circumstances. e. Request in writing to the City Manager to be removed from the List.

7.2.5 Status on Re-employment
A regular employee who has been laid off and is reemployed in a regular position within one (1) year from the date of his/her layoff or termination shall be entitled to:
a. Restoration of seniority accrued prior to and during layoff. b. Credit for all service prior to layoff for the purpose of determining the rate of accrual of vacation leave.
c. Placement in the salary range at the same job classification in the same department from which he/she was laid off.
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76 SECTION 7.3 ABANDONMENT OF EMPLOYMENT

7.3.1 Determination and Notification
When an employee has been absent without authorization from work for more than three workdays, and in the opinion of the Department Head the employee has abandoned his/her position, the Department Head shall notify the City Manager. The City Manager, or designee, shall notify the employee that the City has determined he/she has abandoned his/her position and that the employee has four working days upon receipt of the notice to contact the City regarding his/her intent to return to work. The notice shall also advise the employee that failure to contact the City within the four -day period shall be deemed an automatic resignation effective on the fifth day.

Such notice shall be in writing and sent by regular U.S. mail, via overnight delivery, certified mail, or personal service to the last address listed in the employee’s personnel records.

7.3.2 Employee’s Response
Where an employee fails to respond within four working days to the notice of abandonment of position, the employee may be considered to have abandoned his/her position of employment with the City. Abandonment of position shall constitute an automatic resig nation from the City service.

If the employee contacts the City within the four -day period, the employee may avoid automatic resignation as provided in this section, however, the employee may still be subject to disciplinary action.

7.3.3 Circumstances When Abandonment Occurs
Abandonment of position may include, but is not limited to:
a. Where an employee fails to return to his/her employment upon conclusion of any authorized leave of absence;
b. Where an employee fails to properly notify by telephone, verbally, or in writing his/her immediate Supervisor of absence due to sickness or injury, except as otherwise required by law; or
c. Where an employee fails to appear for work without notification or express agreement between the Supervisor and the employee as to the use of any leave time set forth under the City’s personnel policies, except as otherwise required by law.

SECTION 7.4 FURLOUGH AND REDUCTION OF HOURS

7.4.1 Determination and Notification
The City may implement a furlough or temporary reduction of scheduled hours whenever, in the judgment of the City Council, it becomes necessary to take such actions. The City Manager will consult with affected Department Heads to determine the number of affected employees and will notify affected employees in writing of their selection for furlough or temporary reduction of hours.

Such written notice will include the start and end date, the resulting reduction in pay, and any other applicable terms and conditions. Affected e mployees are not entitled to appeal their selection through either disciplinary appeal or grievance procedures. Affected employees may not 548
77 use accrued, paid leave time during designated furlough time or to supplement reduced work hours.

7.4.2 Status While on Furlough
Affected employees may not use accrued, paid leave time during designated furlough time or to supplement reduced work hours. Affected employees will be deemed to remain in paid status for purposes of accrual of leave, seniority, and other eligibility for benefits, and will not be considered to have a break in service for purposes of these Rules. Furlough or reduced schedule time will not be considered “hours worked” for purposes of overtime and will not be counted towards completion of probationary periods under these Rules.

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Executive Classifications

• Assistant City Engineer
• Assistant City Manager
• Assistant Community Services & Recreation Director
• Assistant Finance Director
• Assistant Human Resources & Risk Management Director
• Assistant to the City Manager
• City Clerk
• City Manager
• Community Development Director
• Community Safety & Technology Director
• Community Services & Recreation Director
• Deputy City Manager
• Finance Director / City Treasurer
• Human Resources & Risk Management Director
• Public Works Director / City Engineer

Management Classifications:

• Building Official
• City Planner
• Code Enforcement Manager
• Community Services & Recreation Manager
• Economic Development Manager
• Human Resources & Risk Manager
• Information Technology Manager
• Maintenance & Operations Manager
• Principal Engineer
• Public Information Officer
• Public Works Manager
• Risk Manager

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Management Classifications:

• Finance Manager
• Purchasing Manager

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Non-Management Exempt Classifications:

• Associate Engineer
• Associate Planner
• Landscape & Facilities Superintendent
• Principal Accountant
• Principal Management Analyst
• Principal Planner
• Public Works Superintendent
• Purchasing Supervisor
• Senior Communications Officer
• Senior Engineer
• Senior Environmental Compliance Analyst
• Senior Human Resources & Risk Management Analyst
• Senior Information Technology Business Systems Analyst • Senior Management Analyst
• Senior Planner

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ACKNOWLEDGEMENT OF RECEIPT
Each employee shall verify that he/she has been given a copy of this manual. The acknowledgement shall be dated and signed by the employee and the original maintained in the employee’s personnel file.

I have been given a copy of the City of Eastvale’s (“City”) Personnel Policies and Procedures Manual (“Manual”). This Manual applies to all employees of the City and to others as indicated.

I understand that it is my responsibility to read the Manual and to comply with its provisions. I also understand as a City employee, I must maintain my City badge on my person at all times while performing City business.

I further understand that the Manual contains important information governing my employment with the City, including regulations and obligations that are expected of me as a City employee.

Furthermore, I understand that I am obligated under the California Constitution that I am declared to be a Disaster Service Worker, as outlined in Government Code 3102, and as further defined in this Manual under Section 2.1.i.

I understand that my failure to comply with these policies may result in disciplinary action, up to and including termination. If I have questions concerning these policies, I will bring them to the attention of my supervisor, department head, or Human Resources and Risk Management.

I understand that because it is not possible to anticipate every situation that may arise in the workplace and because laws and programs change, the City reserves the right to modify, supplement, rescind, or revise any provisions of this Manual (other than the employment at-will provisions and provisions compelled by law), at any time as it deems necessary or appropriate in its sole discretion.

I understand that nothing in this Manual is intended to create a contract of employment with the City, or to create an expectation of continued employment for any specified term.

I understand that the original of this acknowledgement of receipt will be placed in my personnel file.

Dated:

Signature

Employee’s Name
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CITY OF EASTVALE PERSONNEL

POLICIES AND PROCEDURES
MANUAL
July 1, 2026

Adopted by Resolution 13-14
Revised by Resolution 15-01
Revised by Resolution 17-69
Revised by Resolution 17-75
Revised by Resolution 18-12
Revised by Resolution 18-41
Revised by Resolution 18-69
Revised by Resolution 19-27
Revised by Resolution 21-02
Revised by Resolution 23-54
Revised by Resolution 24-27
Revised by Resolution 24-67
Revised by Resolution 26-XX

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TABLE OF CONTENTS
Page
INTRODUCTION ................................ ................................ ................................ ........................ 1 ORGANIZATION ................................ ................................ ................................ ........................ 2 DEFINITIONS ................................ ................................ ................................ ............................. 3 CHAPTER 1 - EMPLOYMENT ................................ ................................ ................................ ... 6 SECTION 1.1 EQUAL EMPLOYMENT OPPORTUNITY ................................ ................. 6 SECTION 1.2 POLICY PROHIBITING DISCRIMINATION, HARASSMENT, AND RETALIATION ................................ ................................ .......................... 6 SECTION 1.3 DISABLED APPLICANTS AND EMPLOYEES ................................ .......... 6 SECTION 1.4 ACCOMMODATION FOR SINCERELY HELD RELIGIOUS BELIEF ................................ ................................ ................................ ................. 7 SECTION 1.5 LACTATION ACCOMMODATION ................................ ............................ 8 SECTION 1.6 RECRUITMENT/SELECTION OF EMPLOYEES ................................ ...... 9 SECTION 1.7 MEDICAL EXAMINATIONS ................................ ................................ .... 12 SECTION 1.8 NEPOTISM AND CONSENSUAL ROMANTIC RELATIONSHIPS .......... 13 SECTION 1.9 PROBATION ................................ ................................ ........................... 17 SECTION 1.10 PERFORMANCE EVALUATION AND PERFORMANCE
IMPROVEMENT PLANS ................................ ................................ ........ 18 SECTION 1.11 OUTSIDE EMPLOYMENT, ACTIVITY, OR ENTERPRISE / CONFLICT OF INTEREST ................................ ................................ ..... 19 SECTION 1.12 TRAINING OF EMPLOYEES ................................ ................................ 21 SECTION 1.13 POLITICAL ACTIVITIES OF PUBLIC EMPLOYEES ............................. 22 SECTION 1.14 USE OF CAMERAS, VIDEO SURVEILLANCE, AND GPS SYSTEMS ................................ ................................ .............................. 22 SECTION 1.15 USE OF CITY TECHNOLOGICAL RESOURCES ................................ . 22 SECTION 1.16 MANAGEMENT PREROGATIVES ................................ ....................... 22 SECTION 1.17 ACCEPTANCE OF GIFTS ................................ ................................ .... 23 SECTION 1.18 REMOTE WORK ................................ ................................ .................. 23 SECTION 1.19 EMPLOYEE’S HOME ADDRESS AND STATUS OF DRIVER’S LICENSE – DUTY TO UPDATE ................................ ............................. 23 SECTION 1.20 PERSONAL APPEARANCE, GROOMING AND DRESS CODE .......... 24 SECTION 1.21 NEWS MEDIA RELATIONS ................................ ................................ .. 25 SECTION 1.22 ATTENDANCE AND PUNCTUALITY ................................ .................... 25 SECTION 1.23 TOBACCO, E-CIGARETTE, VAPING POLICY ................................ ..... 26 SECTION 1.24 PERSONNEL RECORDS ................................ ................................ ..... 27 555
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CHAPTER 2 – CLASSIFICATION AND COMPENSATION................................ ...................... 30 SECTION 2.1 EMPLOYEE CLASSIFICATIONS/AUTHORIZED POSITIONS ................ 30 SECTION 2.2 WORKWEEK AND SCHEDULES ................................ ........................... 31 SECTION 2.3 PAYROLL PROCESSING ................................ ................................ ....... 33 SECTION 2.4 REST AND MEAL PERIODS – NON-EXEMPT (HOURLY) EMPLOYEES ................................ ................................ ......................... 35 SECTION 2.5 OVERTIME COMPENSATION/COMPENSATORY TIME OFF ............... 35 SECTION 2.6 BI-LINGUAL PAY ................................ ................................ .................... 36 SECTION 2.7 TEMPORARY ASSIGNMENTS ................................ .............................. 37 SECTION 2.8 CALL BACK PAY ................................ ................................ .................... 38 SECTION 2.9 ON CALL (STANDBY) PAY ................................ ................................ .... 38 SECTION 2.10 AUTOMOBILE ALLOWANCE ................................ ............................... 38 SECTION 2.11 PHONE ALLOWANCE ................................ ................................ .......... 39 SECTION 2.12 SALARY AND WAGE SCHEDULES ................................ ..................... 39 SECTION 2.13 ADVANCEMENT WITHIN THE SCHEDULE ................................ ......... 39 SECTION 2.14 CHANGES IN EMPLOYMENT STATUS ................................ ............... 40 SECTION 2.15 TRAVEL EXPENSES ................................ ................................ ............ 41 SECTION 2.16 EDUCATIONAL EXPENSE REIMBURSEMENT ................................ ... 41 CHAPTER 3 EMPLOYEE BENEFITS ................................ ................................ ...................... 43 SECTION 3.1 HOLIDAYS ................................ ................................ .............................. 43 SECTION 3.2 WINTER HOLIDAY CLOSURE ................................ ............................... 43 SECTION 3.3 INSURANCE BENEFITS ................................ ................................ ........ 44 SECTION 3.4 RETIREMENT BENEFITS ................................ ................................ ...... 46 SECTION 3.5 TEMPORARY PART-TIME EMPLOYEES ................................ .............. 48 CHAPTER 4 - LEAVE OF ABSENCE ................................ ................................ ...................... 49 SECTION 4.1 GENERAL INFORMATION ................................ ................................ ..... 49 SECTION 4.2 VACATION ................................ ................................ ............................. 49 SECTION 4.3 SICK LEAVE ................................ ................................ ........................... 51 SECTION 4.4 FAMILY CARE AND MEDICAL LEAVE; PREGNANCY DISABILITY LEAVE; MILITARY FAMILY LEAVE ................................ ....................... 52 SECTION 4.5 CIVIL AIR PATROL LEAVE ................................ ................................ .... 52 SECTION 4.6 CRIME VICTIMS’ LEAVE ................................ ................................ ........ 53 SECTION 4.7 VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT ............... 53 SECTION 4.8 MILITARY LEAVE ................................ ................................ ................... 53 SECTION 4.9 ORGAN AND BONE MARROW DONATION LEAVE .............................. 53 556
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SECTION 4.10 SCHOOL ACTIVITIES/SCHOOL APPEARANCE LEAVE ..................... 54 SECTION 4.11 VOLUNTEER FIREFIGHTERS, RESERVE

PEACE OFFICERS, AND EMERGENCY RESCUE PERSONNEL
LEAVE 55
SECTION 4.12 VOTING LEAVE................................ ................................ .................... 55 SECTION 4.13 PERSONAL LEAVE OF ABSENCE WITHOUT PAY ............................. 55 SECTION 4.14 JURY DUTY OR WITNESS APPEARANCE LEAVE ............................. 56 SECTION 4.15 EXEMPT EMPLOYEE LEAVE ................. Error! Bookmark not defined.

SECTION 4.16 BEREAVEMENT LEAVE ................................ ................................ ...... 58 SECTION 4.17 REPRODUCTIVE LOSS LEAVE ................................ ........................... 58 SECTION 4.18 INDUSTRIAL ILLNESS AND/OR INJURY LEAVE ................................ 59 SECTION 4.19 FITNESS FOR DUTY LEAVE AND EXAMINATION ............................. 60 CHAPTER 5 – EMPLOYEE CONDUCT, DISCIPLINE AND DISCIPLINARY APPEALS ......... 62 SECTION 5.1 GENERAL POLICY STATEMENT ................................ .......................... 62 SECTION 5.2 TYPES OF DISCIPLINARY ACTIONS ................................ .................... 62 SECTION 5.3 GROUNDS FOR DISCIPLINARY ACTION ................................ ............. 63 SECTION 5.4 DISCIPLINING AUTHORITY................................ ................................ ... 65 SECTION 5.5 MAJOR AND MINOR DISCIPLINE ................................ ......................... 65 SECTION 5.6 DISCIPLINARY PROCEDURES ................................ ............................. 66 SECTION 5.7 APPEAL PROCEDURES ................................ ................................ ........ 68 SECTION 5.8 PLACEMENT ON PAID ADMINISTRATIVE LEAVE PENDING DETERMINATION OF DISCIPLINARY ACTION ................................ .... 70 SECTION 5.9 TIME EXTENSIONS ................................ ................................ ............... 71 SECTION 5.10 DELIVERY OF NOTICES ................................ ................................ ..... 71 SECTION 5.11 DISCIPLINARY RECORDS ................................ ................................ .. 71 CHAPTER 6 – EMPLOYEE SAFETY ................................ ................................ ....................... 72 SECTION 6.1 DRUG- AND ALCOHOL-FREE WORKPLACE ................................ ....... 72 SECTION 6.2 EMPLOYEE SAFETY ................................ ................................ ............. 72 CHAPTER 7 – SEPARATION FROM EMPLOYMENT AND FURLOUGH ................................ 74 SECTION 7.1 RESIGNATION/RETIREMENT ................................ ............................... 74 SECTION 7.2 LAYOFF ................................ ................................ ................................ .. 74 SECTION 7.3 ABANDONMENT OF EMPLOYMENT ................................ .................... 76 SECTION 7.4 FURLOUGH AND REDUCTION OF HOURS ................................ .......... 76 ACKNOWLEDGEMENT OF RECEIPT ................................ ................................ ..................... 81 Deleted: 56
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INTRODUCTION
This Personnel Policies and Procedures Manual (“Manual”) applies to all employees of the City of Eastvale (“City”) and to others as indicated. An “employee” is generally defined as an individual whose work is within the usual course of the City’s business, and directed and controlled, or is subject to the direction or control, by the City with respect to the final results of the work and the details of when, where and how the work is to be done. This Manual contains Employment Policies of the City. Each Cit y employee is responsible for knowing and understanding its contents. In addition, each City employee is responsible for knowing, understanding, and adhering to any specific departmental policy.

Violations of the provisions of this Manual may be addressed as a performance matter and be grounds for disciplinary action. A violation will not make disciplinary action mandatory but will be given such weight as the City determines to be appropriate in view of all the circumstances Except as otherwise provided, any duties, responsibilities, powers, and authority granted by this Manual or the Personnel Ordinance to any person may be delegated, in writing, to another employee at the discretion of the delegating individual.

Nothing in this Manual shall be deemed to create a vested contractual right for any employee.

Amendments and revisions shall become effective upon adoption by the City Council, or at a later date specified by the City Council when adopting the amendments and revisions. If the terms and provisions of this Manual are inconsistent or in conflict with the terms and provisions of any prior City Personnel Policies and Procedures, resolutions, regulations, and/or policies governing the same subject, the terms of this Manual will prevail and such inconsistent or conflicting provisions or prior rules, resolutions, regulations, and/or policies are hereby repealed.

The City Manager is authorized to issue written guidelines to implement and enforce this Manual, and to make adjustments to avoid or eliminate inequities resulting from its application. Such guidelines shall have the City’s best interests as their paramount concern, and shall be consistent with applicable state and federal guidelines. The City Manager may delegate any of the powers and duties conferred upon the City Manager as the Personnel Officer to any other officer or employee of the City or may recommend that such powers and duties shall be performed under contract.

In the event of a conflict between this Manual and an Administrative Policy or a Department’s policy or procedure, this Manual shall control.

When any local, state, or federal ordinance, regulation, or law that is incorporated in this Manual or upon which this Manual relies is amended, this Manual shall be deemed amended in conformance with those amendments.

If any section, subsection, sentence, clause, or phrase of this Manual is found to be illegal by a court of competent jurisdiction, such findings shall not affect the validity of the remaining portions of this Manual.

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ORGANIZATION
The City was incorporated as a City on October 1, 2010. The City is governed by a City Council, consisting of five (5) persons, each elected for a term of four (4) years. The City Council generally meets twice a month, on the 2 nd and 4th Wednesday of each month, unless otherwise directed by the City Council.

The City Council adopts policies and specifies what City services are to be provided to City residents. Some of the services that the City provides includes public safety services (Police [through contract with the Riverside County Sheriff’s Department] and Fire [through contract with CalFire]), Building and Safety Services, Animal Control (through contract with Riverside County), Planning and Public Works.

The City Council’s policies are implemented by the City Manager, who is directly responsible to the City Council for the administration and implementation of the Council policies and priorities.

To assist the City Manager, the City employs a staff of admin istrative, technical and field personnel. The City further utilizes contractors to provide a number of City services. Contractors are not City employees.

The City’s activities and services are divided into functional departments, with Department Heads assigned to each department.
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DEFINITIONS
General Definition: All words and terms used in this Manual and in any personnel policies or procedures are intended to be defined as they are normally and generally defined in the field of personnel administration, unless a specific definition is provided in this Manual.

Specific Definitions:

Acting Appointment: An interim appointment of a current City employee by the City Manager to temporarily perform the full duties of a position with a higher maximum base rate of pay.

City: The City of Eastvale.

City Council: The City Council of the City of Eastvale.

Class/Class of position/Classification: All positions sufficiently similar in duties, authority, qualifications, and responsibility, to permit grouping under a common title in the application with equity of common standards of selection, transfer, demotion, and salary.

Compensation: The salary, wage, allowance, and all other forms of valuable consideration earned by or paid to any employee by reason of service in any position, but does not include expenses authorized and incurred incidental to employment.

Classified Service: means the offices, positions and employments in the service of the City which are included or which may hereafter be included under the classified service system by ordinance, except the following: 1) Elected officers; 2) Members of appointed boards, com missions and committees; 3) Persons engaged under contract to supply expert, professional, or technical services for a definite period of time; 4) Volunteer personnel; 5) City Manager; 6) City Attorney; 7) Department heads; 8) Management classifications listed in appendix A to this Manual; and employees hired on or after July 1, 2026, in the management classifications listed in appendix B ; and 9) Employees serving in hourly, temporary, provisional, or seasonal appointments.

City Manager: The City Manager of the City of Eastvale or designee.

Days: Calendar days unless stated otherwise in these Rules.

Domestic Partner/Registered Domestic Partner: Means a member of a registered domestic partnership under California law.

Eligibility List: A list that contains the names of successful applicants according to their relative performance in the examination process and other terms set forth in this Manual. The applicants may be ranked in descending final ratings based on average scores through the interview process.

Eligibles: Persons who have taken an open -competitive examination or promotional examination and have qualified for placement on an eligibility list. 560
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Full-Time Employees: Employees who hold budgeted positions that normally require a 40-hour work week or that have been approved by the City Council to be a full - time position.

Furlough: Temporary, involuntary, non -disciplinary employee absence from duty that may be implemented by the City in addition to, or as an alternative to, layoff or other cost saving measures. Furlough time does not constitute a break in service for purposes of these Rules.

Human Resources and Risk Management Director: The Human Resources and Risk Management Director or designee, as may be designated by the City Manager.

Job Description: A written description of a class, identifying factors and conditions which are essential characteristics of the class, including the title, examples of duties and responsibilities which are typical of positions in the class, any factors or conditions which distinguish it from other classes, and necessary or desirable qualifications to perform the duties of positions in the class.

Lay-Off: The separation of employees from the active work force due to lack of work or funds, or organizational changes, or to the abolition of positions by the City Council for any of those reasons.

Personnel Officer: The City Manager is the Personnel Officer for all City employees, except for all positions for which appointing authority is reserved by the City Council or as otherwise provided in the Municipal Code. The City Manager may delegate their appointing authority to a Department Head Position: A group of duties and responsibilities assigned to an employee.

Probationary Period: An integral part of the selection process during which an employee is required to demonstrate fitness for his/her position based on actual performance of the duties of the position.

Reclassification: The reassignment of one position in a class to a different class by the City Manager in accordance with this Manual.

Reemployment List: A list of names of laid off employees, who may have reinstatement rights, for a specific classification or position.

Regular Full Time or Regular Part Time Employee: An employee in the classified service who has successfully completed the probationary period and has been retained in accordance with this Manual.

Resignation: The voluntary separation of a City employee from the City service. A written resignation is accepted upon receipt by the City and may not be withdrawn except by authorization of the City Manager when it is deemed that the City’s best interests are served by permitting resignation withdrawal.
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Salary Rate/Base Salary Rate: The dollar amount paid to an employee in accordance with the salary range for the employee’s class, exclusive of any overtime compensation, stipends, premium pay, or other wage augments.

Temporary Employee: A person who is employed by the City for a limited period of time for a specified, limited purpose. Temporary Employees may not work more than 1,000 hours per fiscal year, and full-time Temporary Employees may not work for longer than 6 continuous months. Temporary Employees are eligible for only those benefits required by applicable State and Federal laws. Temporary Employees are at-will employees and may be separated from employment at any time with or without cause. Temporary Employees are not subject to the terms and conditions of the following sections of this Manual: 1) Section 1.6 Recruitment; 2) Section 1.9 Probation; 3) Section 1.18 Telecommuting; 4) Section 2.6 Bi -lingual Pay; 5) Section 2.7 Temporary Assignments; 6) Section 2.8 Call Back Pay; 7) Section 2.9 On Call (Standby) Pay; 8) Section 2.10 Car Allowance; 9 ) Section 2.11 Phone Allowance; 10) Section 3.1 Holidays; 11) Section 3.4 Retirement; 12) Section 4.2 Vacation;13) Section 4.13 Personal Leave of Absence without Pay; 1 4) Section

4.14 Jury Duty; 15) Section 4.16 Bereavement Leave; and 16) Chapter 5. 562
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6 CHAPTER 1 - EMPLOYMENT
SECTION 1.1 EQUAL EMPLOYMENT OPPORTUNITY
The City is an equal opportunity employer and makes employment decisions on the basis of merit.

The City wants to have the best available persons in every job. The City’s policy prohibits unlawful discrimination based on race, religious creed, color, natio nal origin, ancestry, sex, age over 40, physical or mental disability, medical condition, pregnancy (including childbirth and related medical conditions or disabilities), sexual orientation, marital status, gender identity, gender expression, genetic characteristics or information, military or veteran’s status, reproductive health decision making, a combination of those characteristics, and/or any other characteristic protected by federal and/or state law. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics or a combination of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics or a combination of those characteristics, and any other basis protected by federal, state or local law or ordinance or regulation. The City is committed to treating all employees equally and fairly regardless of these actual or perceived characteristics or associations. All such discrimination i s prohibited. This policy applies to all City employees, applicants, interns, volunteers and persons providing services pursuant to a contract.

SECTION 1.2 POLICY PROHIBITING DISCRIMINATION, HARASSMENT, AND RETALIATION The City’s policy prohibits unlawful harassment and discrimination based upon an applicant or employee’s race, genetic information, religion, creed, color, sex, gender, gender identity, gender expression, sexual orientation, national origin, ancestry, military or veteran status, marital status, pregnancy, reproductive health decision -making, childbirth, breastfeeding, or a related medical condition, age over 40, medical condition, physical or mental disability, or a combination of those characteristics, or any other characteristic protected under state, federal, or local law.

The City also prohibits unlawful harassment and discrimination based on the perception that anyone has any of those characteristics or a combination of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics or a combination of those characteristics . In addition, the City prohibits retaliation because of the applicant or employee’s opposition to a practice he/she reasonably believes to constitute employment discrimination or harassment or because of his/her employee’s participation in an employment investigation, proceeding or hearing.

Applicants or employees who believe they have been harassed, discriminated against, or retaliated against, should report that conduct in accordance with the City’s complaint procedures.

Applicants and employees should review the City’s complete Policy Proh ibiting Discrimination, Harassment and Retaliation Policy.

SECTION 1.3 DISABLED APPLICANTS AND EMPLOYEES
The City has a commitment to ensure equal opportunities for disabled applicants and City employees. Every reasonable effort will be made to provide an accessible work environment for such employees and applicants. Employment practices (e.g., hiring, traini ng, testing, transfer, promotion, compensation, benefits, and disciplinary action) will not discriminate against disabled employees or applicants. The City provides employment-related reasonable accommodations to qualified individuals with disabilities within the meaning of the California Fair Employment and Housing Act ("FEHA") and the Americans with Disabilities Act ("ADA"). 563
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7 1.3.1 Request for Accommodation
An applicant or employee who desires a reasonable accommodation to perform essential job functions should make such a request in writing to Human Resources and Risk Management.

The request must identify: a) the job -related functions at issue; and b) the d esired accommodation(s). Reasonable accommodation can include, but is not limited to job restructuring, reassignment to a vacant position for which the employee is qualified, and making facilities accessible. In accordance with applicable law, the City may permit use of accrued leave or authorize a temporary unpaid leave as a reasonable accommodation, if such leave is reasonably expected to result in the employee’s return to work, with or without additional reasonable accommodation.

1.3.2 Reasonable Documentation of Disability
Following receipt of the request, Human Resources and Risk Management may require additional information, such as reasonable documentation of the existence of a disability or additional explanation as to the effect of the disability on the employee’s ability to perform the employee’s essential functions, but will not require disclosure of diagnosis or genetic history.

1.3.3 Interactive Process
The City will engage in the interactive process, as defined by the FEHA and ADA, to determine whether an applicant or employee is able to perform the essential functions of the position sought or currently held. During this process, the City will examine potential reasonable accommodations that will make it possible for the employee or applicant to so perform. Such interactive process will include a meeting with the employee or applicant, the City, their representatives (if any), and, if necessary, the employee or applicant’s health care provider.

1.3.4 Case-by-Case Determination
The City determines, in its sole discretion, whether reasonable accommodations(s) can be made, and the type of reasonable accommodations(s) to provide. The City will not provide an accommodation that would pose an undue hardship upon the City or that is not required by law.

The City will inform the employee of any decisions made under this section in writing.

1.3.5 Fitness for Duty Leave
While the City is engaged in the interactive process with an employee, the City may require that the employee be placed on a fitness for duty leave in accordance with Section 4.18.

SECTION 1.4 ACCOMMODATION FOR SINCERELY HELD RELIGIOUS BELIEF The City will make reasonable accommodations to the known sincerely held religious beliefs of a person during the hiring process and in the course of employment, if the accommodation would resolve a conflict between the person’s religious beliefs, unless doing so would impose an undue hardship on the City. The following procedure shall apply:

1.4.1 Procedure for Requesting a Religious Accommodation.

If a person believes that a religious accommodation is necessary, the person should submit a request for accommodation to Human Resources and Risk Management. This request may be 564
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8 made orally or in writing, however the City encourages written requests. Such requests should include the following relevant information:
a. A description of the accommodation requested;
b. The reason the accommodation is necessary; and
c. A description as to how the accommodation will resolve the conflict between the person’s religious beliefs or practices and the City’s application or employment requirements for the corresponding position.

Upon receiving the request, the City will invite the person to a meeting to explore potential accommodations that could resolve the conflict between the person’s religious beliefs and the City’s application or employment requirements for the corresponding position. The City may provide the person’s requested accommodation or may provide an alternative reasonable accommodation based on the City’s discretion, to the extent that an effective accommodation is available without imposing undue hardship on the City.

SECTION 1.5 LACTATION ACCOMMODATION
a. In accordance with applicable state and federal law, an employee who needs to express breast milk for the employee’s infant child will be permitted to take a reasonable amount of break time for that purpose, as a lactation accommodation. The break time mu st, if possible, run concurrently with any break time already provided to the employee. For non -exempt employees, break time that takes place outside of authorized paid rest time is unpaid. To the extent that break time would seriously disrupt the City’s operations, the City may limit the employee’s use of such time.
b. An employee seeking lactation accommodation must contact Human Resources and Risk Management by email, or via other written communication. The City will respond via email or other written document within a reasonable period of time to acknowledge the request.

Before implementing a lactation accommodation, the City will request input from the employee and the employee’s supervisor(s) regarding the anticipated timing of lactation break(s) and proposed location(s) for taking lactation breaks.
c. Following such a request, the City will provide written details to the employee regarding the terms of the lactation accommodation, which will include:
(i) Identification of a space, other than a bathroom, that is in close proximity to the employee’s work area, is safe, clean, free of hazardous materials, and that is shielded from view and free from intrusion while the employee is expressing milk. (A) The City will also ensure that the space contains a place to sit and a surface to place a breast pump and personal items and contains access to electricity or alternative devices (such as extension cords or charging stations) needed to operate an electric or battery-powered breast pump.
(B) If the designated space is a room that may also be used for purposes other than lactation, the City will ensure that the use of the room for expression of milk will take priority over other uses.
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9 (ii) Identification of a sink with running water and a refrigerator (or other cooling device suitable for storing expressed milk) that are in close proximity to the employee’s work area and that will be accessible for the employee’s use.

SECTION 1.6 RECRUITMENT/SELECTION OF EMPLOYEES
All persons considered for employment with the City shall be qualified to perform the duties of the position for which they may be employed. No individual who has served as an elected or appointed member of a legislative body of the City will be considered for employment with the City unless that individual is no longer serving as an elected or appointed official of the City and a period of one year has passed since their service as an elected or appointed official terminated.

As set forth in greater detail below, all new employees may, depending upon the job applied for, be required to undergo fingerprinting, background check, medical and/or psychological exams, polygraphs, and pre-employment drug testing before reporting for work. All employees shall be required to sign an Oath of Office pursuant to State law.

All new employees must provide and maintain necessary documentation to prove identity and the right to work in the United States in accordance with Federal and State Immigration and Naturalization laws (per I -9 Form). Failure to provide such documentation will result in disqualification from selection and/or grounds for immediate termination.

These steps establish a procedure for all phases of the employment process for regular full time and regular part- time employees. The City Manager, or designee, will administer and coordinate the hiring process for all position vacancies to ensure compliance with contractual, legal and equal employment opportunity requirements. All such hiring efforts are conducted in the spirit of equal opportunity and non- discrimination.

All regular full -time and regular part -time City appointments and promotions shall be based on merit and fitness and will be determined by the results of any or all of the following testing procedures: written test, practical skills examination, and/or oral interview.

1.6.1 Internal Recruitment
The City Manager, or designee, may first consider recruitment from within the City. Recruiting from within the City is considered an internal recruitment and must be recommended by the Department Head and approved by the City Manager.

It is the policy of the City to recruit from within the City organization whenever feasible and consistent with the City’s interests of developing and retaining talent. Electronic job-flyers will be prepared and disseminated to employees informing them of current openings, and qualified employees are encouraged to apply.

Full-time and part-time employees interested in internal opportunities shall follow the procedures below:
a. Employee(s) may submit a completed City Employment Application to Human Resources and Risk Management, by the position’s stated closing date. A supplemental questionnaire may also be required, as noted on the electronic job flyer. 566
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10 b. The Human Resources and Risk Management Director will notify the employee(s) if he/she will be interviewed or tested for the position. c. After successfully completing the selection process, and upon the City Manager’s approval, the selected employee(s) will be notified of their appointment to the position(s).

1.6.2 Open Recruitment
a. If an internal recruitment is not recommended or approved, the Human Resources and Risk Management Director, will seek candidates through a recruitment open to internal and external candidates.

The Human Resources and Risk Management Director will determine the best method for seeking candidates through open recruitment, including, but not limited to any of the following procedures:
job announcements in print and online, mailing lists and/or advertisements through professional associations and related outreach.

1.6.3 Examination Process
Examinations shall be conducted to assist with the selection of qualified candidates. Test selection techniques will examine the qualifications of the candidates. Tests may include, but are not limited to, written tests, personal interviews, performance te sts, physical agility tests, evaluation of daily work performance, work samples, or any combination of these. All examinations given will be job related and designed to determine a candidate’s knowledge, skills, and abilities to perform the essential job functions.

Pre- employment physical, medical, psychological, drug and alcohol tests may be given as part of any examination if required for performing the essential job functions. Any such examinations will be performed only after a conditional offer of employment has been made.

The City Manager, or designee, will ensure that all examination results remain confidential and that reasonable accommodations are made in examinations for persons with disabilities under the ADA and/or FEHA, when needed.

1.6.4 Interview Process
The employment interview is a significant part of the selection process. The interviewer’s function is to discover a candidate’s knowledge, skills, and abilities to perform the essential job functions.

Certain guidelines must be observed to ensure complian ce with State and Federal laws and to maximize the reliability of the interview process.

Interview questions must be job-related and designed to measure a candidate’s job knowledge, experience and education necessary to perform the essential job functions.

All interview panel members, if utilized by the City Manager, will be informed of the position responsibilities and requirements and each panel member must independently rate candidates using an objective measurement scale developed by the City.

Only the most highly rated candidate (s) will be considered for final evaluation and review. 567
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11 1.6.5 Reference Check
Before an offer of employment is extended, the City shall conduct a reference check on any candidate. The purpose of the reference check is to verify prior employment duties, dates of employment, performance record, attendance record, and any other pertinent information.

1.6.6 Criminal Conviction History
Except as otherwise required by law, the City will only inquire about criminal conviction history after it has issued a conditional offer of employment. Applicants who receive a conditional offer of employment may be requested to be fingerprinted and/or undergo a background screening, as part of the examination process. Refusal of an applicant or employee to be fingerprinted, failure to report for fingerprinting or failure to provide such information as is necessary to conduct a background check will be sufficient cause for disqualification for employment or termination from employment.

1.6.7 Rejection
The City may reject an applicant, at any point in the recruitment or hiring process, under any of the following circumstances:
a. The applicant does not possess the minimum qualifications required for the position;
b. The applicant failed to submit a complete application; c. The applicant has made any false statement, misrepresentation, or omission of any material fact, or who had practiced, or attempted to practice, any deception or fraud in the person’s application;
d. The applicant has not signed the application under penalty of perjury; e. The applicant did not submit the application in a timely manner; f. The applicant has otherwise violated provisions of these Rules; or g. The applicant has demonstrated other reasons which would indicate that the applicant is unfit for the position.

Applicants disqualified from further participation in the selection process will be promptly notified to permit submission of additional information provided that the time limit for receiving applications has not expired. Notice will be e-mailed to the last known e-mail address; it will be the applicant’s responsibility to keep the applicant’s current e -mail address on file. Whenever an application is rejected, Human Resources and Risk Management will e -mail notice of such rejection to the applicant.

In addition, applicants with the least desirable background or qualifications among a large number of applicants may be denied further participation in the selection process through an evaluation of their qualifications, thus providing a reasonable number of the best qualified candidates for consideration.
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12 1.6.8 Candidate Notification
After references are verified and a decision to provide a conditional job offer is made, the City will notify the selected candidate, in writing, and make an employment offer, contingent upon passing required health screening as defined in Section 1.7 below and successful completion of a criminal history check as provided in Section 1.6.5 above, as may be applicable. Once the candidate successfully completes the medical examination and criminal history check, as may be applicable, all other candidates, if any, will be notified in writing that they were not selected for the position and that they will remain on the eligibility list for a one year period.

SECTION 1.7 MEDICAL EXAMINATIONS
Following a conditional offer of employment, prospective employees may be required to complete a job related pre-employment medical examination. The City may require that employees take a psychological and/or a medical examination, as it deems necessary i n order to determine employees to be mentally and physically capable of performing the essential functions of the job.

Conditional offers of employment are made contingent upon passing this medical examination, however, the City will make reasonable accom modations to the special needs of any disabled individual as required by law. A licensed health care provider chosen by the City will perform such examination without cost to the prospective employee. The prospective employee will be required to complete a medical history questionnaire and a medical records release as necessary to facilitate the examination. The health care provider will indicate the employee’s fitness for employment on the examination form. Depending on the essential functions of a pos ition, a medical examination may be required for:
a. Applicants who have received a conditional offer of employment; b. Employees seeking a transfer from one position requiring general physical abilities to another position requiring physical abilities of a different nature; c. Employees returning to work from a medical leave of absence. The physician conducting the medical examination will be supplied with a current job description indicating the essential functions of the position; or
d. When a supervisor observes or receives a reliable report of an employee’s possible lack of fitness for duty. Observations and reports may be based on, but are not limited to, employee’s own self -report of potential unfitness, dexterity, coordination, aler tness, speech, vision acuity, concentration, response to criticism, interactions with the public, co -workers, and supervisors.

1.7.2 Confidentiality.

The results of all medical examinations will be kept confidential. Examination results for newly hired employees and employees transferring to another position will be kept in the employee’s confidential medical file. No employee will hold any position in which the employee is not able to perform the essential functions of the job, with or without reasonable accommodation. 569
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13 1.7.3 Regulatory Compliance.

Certain employees are subject to regulations issued by the Department of Transportation and/or the California Department of Motor Vehicles. All such employees must meet the standards set forth in those regulations as part of the hiring process and as part of continued employment.

SECTION 1.8 NEPOTISM AND CONSENSUAL ROMANTIC RELATIONSHIPS

1.8.1 Nepotism
a. Definitions:
(i) Applicant. A person who applies for a position at the City and is not a Current Employee.
(ii) Change of Status. A change in the legal status or personnel status of one or more Current Employees.
(A) Changes in legal status include but are not limited to marriage, divorce, separation, or any such change through which a Current Employee becomes a Family Member or ceases to be a Family Member of another Current Employee. (B) Changes in personnel status include but are not limited to promotion, demotion, transfer, resignation, retirement or termination of a Current Employee who is a Family Member of another Current Employee.
(iii) Current Employee . A person who is presently a City employee, or an elected or appointed City official.
(iv) Direct Supervision. One or more of the following roles, undertaken on a regular, acting, overtime, or other basis shall constitute Direct Supervision:
(A) Occupying a position in an employee’s line of supervision; or (B) Functional supervision, such as a lead worker, crew leader, or shift supervisor; or
(C) Participating in personnel actions including, but not limited to, appointment, transfer, promotion, demotion, layoff, suspension, termination, assignments, approval of merit increases, evaluations, and grievance adjustments. (v) Family Member. A spouse, domestic partner, parent, parent-in-law, step- parent, legal guardian, sister, step-sister, sister-in-law, brother, step-brother, brother-in-law, child, step-child, legal ward, daughter-in-law, son-in-law, grandchild, or grandparent. (vi) Prohibited Conduct. Conduct by Family Members including, but not limited to, one or more of the following:
(A) Participation directly or indirectly in the recruitment or selection process for a position for which a Family Member is an Applicant. 570
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14 (B) Direct Supervision of a Family Member that does not comply with limitations set forth in this policy;
(C) Conduct by one or more Family Members that has an adverse effect on supervision, safety, security or morale.
b. Applicants for Employment.
(i) Right to Apply . No qualified Applicant may be denied the right to file an application for employment and compete in the examination process. However, consistent with this policy, the City may reasonably regulate, condition, or prohibit the employment of an Applicant. (ii) Disclosure of Relationship . Each Applicant is required to disclose the identity of any Family Member who is a Current Employee. (iii) Review of Human Resources and Risk Management Director . For each Applicant who has a Family Member who is a Current Employee, the Human Resources and Risk Management Director shall assess whether any of the following circumstances exist:
(A) Business reasons of supervision, safety, security or morale warrant the City’s refusal to place the Applicant under Direct Supervision by the Family Member; or (B) Business reasons of supervision, security, or morale that involve potential conflicts of interest or other hazards that are greater for Family Members than for other employees, which warrant the City’s refusal to permit employment of Family Members in the same department, division, or facility.
(iv) Decision of the Human Resources and Risk Management Director . If the Human Resources and Risk Management Director determines that either of the above circumstances exist, the Human Resources and Risk Management Director shall exercise his or her discretion to either reject the Applicant or consider the Applicant for employment in a position that does not present either of the above circumstances. (A) Following examination, if the Applicant is successfully certified as eligible pursuant to Section 1.6.7, he or she may be employed in a position for which the Human Resources and Risk Management Director has determined that neither circumstance exists pursuant to Section 1.8.1.b.iii above.
(B) When an eligible Applicant is refused appointment by virtue of this section, his or her name shall remain on any employment list that has been created for openings in the same classification. For each opening, the Human Resources and Risk Management Director shall make a determination consistent with Section 1.8.1.b.iii above. c. Guidelines for Current Employees.
(i) Employees shall report a Change of Status to the Human Resources and Risk Management Director within a reasonable time after the effective date of the Change of Status. Wherever feasible, Employees shall report a Change of Status in advance of the effective date.
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15 (ii) Within thirty days from receipt of notice, the Human Resources and Risk Management Director shall undertake a case -by-case consideration and individualized assessment of the particular work situation to determine whether the Change of Status has the potential for creating an adverse impact on supervision, safety, security, or morale. (A) The Human Resources and Risk Management Director shall consult with the affected Department Head to make a good faith effort to regulate, transfer, condition or assign duties in such a way as to minimize potential problems of supervision, safety, security, or morale.
(B) Notwithstanding the above provisions, the City retains the right to exercise its discretion to determine that the potential for creating an adverse impact on supervision, safety, security, or morale cannot be sufficiently minimized and to take further action as set forth in Section 1.8.1.d.ii below.
d. Monitoring by Department Head.
(i) Following a Change of Status or new hire of a Family Member, affected Department Heads shall reasonably monitor and regulate both Family Members’ conduct and performance for a period of one year from the date of the Human Resources and Risk Management Director ’s determination . The Department Head shall document these actions.

Successive Department Heads may re-visit such a determination at their discretion. (ii) If the Department Head determines, subject to any applicable requirements of due process, that an employee has engaged in Prohibited Conduct, the Department Head shall re-visit the Human Resources and Risk Management Director’s determination. Depending on the severity of the Prohibited Conduct, the Department Head may recommend that the Human Resources and Risk Management Director take one or more of the following additional measures:
(A) Transfer one of the Family Members to a similar position that would not be in violation of this policy. The transfer will be granted provided the Family Member qualifies and there is an opening to be filled. There can be no guarantee that the new positio n will be within the same classification or at the same salary level. (B) If the situation cannot be resolved by transfer, one of the Family Members must separate from City employment. If one of the employees does not voluntarily resign, the employee with primary responsibility for the Prohibited Conduct will be discharged. (iii) Department Heads who receive complaints from other employees that one or more Family Members has engaged in Prohibited Conduct shall respond in accordance with existing complaint and disciplinary procedures, where applicable. (iv) Where situations exist prior to the effective date of this policy that may be in conflict with this policy , every effort shall be made to reasonably address the situation so as to avoid any future conflict.
e. Appeal of Human Resources and Risk Management Director Determination.

Current Employees and Applicants affected by the application of this policy, may appeal the action to the Human Resources and Risk Management Director within ten days of the action. The Human Resources and Risk Management Director shall hear the individual’s concerns and issue a written decision within 30 days of receipt of the individual’s appeal. An individual who is dissatisfied with 572
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16 the Human Resources and Risk Management Director’s decision may appeal to the City Manager within five days of receipt of the Human Resources and Risk Management Director ’s decision.

The City Manager shall hear the individual’s concerns and issue a written decision within 30 days of the receipt of the individual’s appeal. The decision of the City Manager is final, and no other appeal may be had unless the employee is entit led to further administrative appeal under other provisions of this Manual.
f. Employee Complaints. Employees who believe that they have been adversely affected by Prohibited Conduct by one or more Family Member should submit complaints to a Department Head or to the Human Resources and Risk Management Director. g. Savings Clause. Should any provision of this policy, or any application thereof, be unlawful by virtue of any federal, state, or local laws and regulations, or by court decision, such provision shall be effective and implemented only to the extent permitted by such law, regulation or court decision, but in all other aspects, the provisions of this Article shall continue in full force and effect.

1.8.2 Consensual Romantic Relationships Between Employees a. General. Consensual romantic or sexual relationships between City employees can lead to misunderstandings, complaints of favoritism, adverse effects on employee morale, and possible claims of sexual harassment during or after termination of the relationship. As a result, such relationships present existing or potential conflicts that adversely affect efficient operation of the City. Relationships that present an actual conflict under this Section are therefore prohibited.
b. Application. This section shall apply to all City employees, regardless of gender or sexual orientation, who have a romantic or sexual relationship with another City employee. The provisions of Section 1 .8.1 regarding nepotism shall govern employees who marry or become domestic partners with another City employee.
c. Definition of Conflict . For purposes of this section, a conflict exists if business issues of supervision, safety, security, and/or morale would be impacted by a romantic or sexual relationship between two employees.
d. Supervisor’s Duty to Report. If a romantic or sexual relationship exists between a Supervisor and another employee (including another Supervisor), the Supervisor shall promptly disclose the relationship to the Human Resources and Risk Management Director and request a determination as to whether the relationship presents a conflict. The disclosure must identify the names and positions of both employees. A Supervisor’s failure to comply with this section shall be grounds for discipline up to and including termination. e. Determination by Human Resources and Risk Management Director. Within five working days, the Human Resources and Risk Management Director shall issue a written determination as to whether the relationship presents a conflict, and is thereby prohibited. The Human Resources and Risk Management Directo r, in consultation with the City Manager, shall have exclusive discretion in making the determination.
f. Resolution of Conflicts. Subject to limitations imposed by the Municipal Code and applicable provisions of this Manual, the City Manager or designee will attempt in good faith to work with the Supervisor and the other employee to consider options to eliminate the conflict, 573
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17 including removing the Supervisory authority that created the conflict, reassignment, transfer or voluntary demotion of a Supervisory employee, or where the City Manager or designee determines that modification of a Supervisor’s assignment is not feasible, reassignment, transfer or voluntary demotion of a non -Supervisory employee. The City Manager or designee retains discretion to determine that the conflict may be resolved via voluntary resignation or termination only.
g. Prohibited On-Duty Conduct. All City employees are prohibited from engaging in intimate, physical, or other conduct in furtherance of a romantic or sexual relationship with another City employee at City facilities or assigned work locations, including off -site meetings, conferences, and similar activities. Such conduct is further prohibited during work hours.

Moreover, upon termination of a sexual or romantic relationship with another City employee, employees are prohibited from engaging in behavior that adversely affects the working conditions of any City employee. In general, all employees are expected to observe appropriate standards of workplace conduct in their interactions with other City employees. h. Complaints. Employees who believe that they have been adversely affected by romantic or sexual relationships between City employees should follow the complaint procedures provided under the City’s Policy Against Harassment, Discrimination, and Retaliation. The complaint procedures are available to all employees regardless of their past or present participation in a romantic or sexual relationship with another City employee.

SECTION 1.9 PROBATION
The probationary period is an integral part of the employment process and provides the opportunity to observe the employee’s work and assist the employee’s adjustment to the new position. This section only applies to regular full-time and regular part-time classifications. This section does not apply to at-will management employees.

1.9.1 Duration
All regular employees shall serve probationary periods, and all newly hired employees will serve a minimum one-year probationary period. Employees promoted into a higher-level position shall serve a six -month promotional probationary period. Probationary periods may be extended in accordance with this Manual and as permissible by law.

1.9.2 Rejection of Probationer
When initially hired into a full -time position, every person hired by the City shall be considered probationary until either granted regular status by the City Manager, upon recommendation of the Department Head, or by default at the conclusion of one year . Probationary employees do not have property or vested rights to their position with the City and are considered at-will employees.

During the probationary period, an employee may be rejected at any time by the City Manager without cause and without the r ight of appeal. Notification of rejection in writing shall be served on the probationer and a copy shall be filed with the Human Resources and Risk Management Office.

1.9.3 Extensions
a. Prior to the end of any probation period, the probation period may be extended by a maximum of twelve (12) additional months with the approval of the City Manager, or designee. 574
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18 b. Periods of time off work during unpaid absences will automatically extend the probationary period by the number of days of the absence. Further, periods of time on paid leave exceeding 20 consecutive working days will extend the probationary period by a c orresponding number of days.
c. The employee will be notified in writing of such an extension.

1.9.4 Rejection from Promotional Probation or Employee Initiated Transfer Any employee rejected during the probationary period following a promotional appointment shall be reinstated to the position from which the employee was promoted if it remains vacant, unless:
a. Charges are filed and the employee is discharged in the manner provided in these rules for positions in the classified service;
b. No vacancy exists for the classification to which the employee would revert; or c. No funding is available in the classification to which the employee would revert.

If there is no vacancy in the employee’s prior position or a similar position or if no such position is funded, the employee may request to be placed on a reemployment list.

1.9.5 Probationary Period Following Demotion, Transfer, Reinstatement or Reemployment a. Demotion. A new 12-month probationary period will be required following demotion, unless waived by the City Manager. When an employee demotes from one department to another department, a new probationary period will be served in the new department. b. Transfer. A new 12-month probationary period will be required following transfer, unless waived by the City Manager. When an employee transfers from one department to another department, a new probationary period will be served in the new department. c. Reinstatement. A new 12 -month probationary period will be required upon reinstatement to a position, unless specifically waived in writing by the City Manager d. Reemployment. Persons appointed to positions by reemployment must serve a new 6 -month probationary period, unless the appointment is to the same class in the same department where the person previously successfully completed a probationary period.

SECTION 1.10 PERFORMANCE EVALUATION AND PERFORMANCE IMPROVEMENT PLANS
The purpose of the performance evaluation is to accurately assess the employee’s overall job performance, and to set goals with the employee that further job knowledge and enhance skills and abilities. Performance Improvement Plans may be implemented base d on the Department Head’s sole discretion, are not disciplinary in nature, and aim to assist employees better perform their job duties.

1.10.1 Performance Evaluation
All regular full-time employees, regular part-time employees, and part-time employees will receive a comprehensive performance evaluation from their immediate supervisor annually. The 575
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19 evaluation period may be extended if the employee takes time off work as follows: 1) unpaid absences will automatically extend the evaluation period by the number of days of the absence ; and 2) paid leave exceeding twenty (20) consecutive working days will extend the evaluation period by a corresponding number of days. The employee will be notified in writing of such an extension.

Newly hired City employees, who are subject to a probationary period, may receive an optional performance evaluation during the probationary period, generally six (6) months after the hire date at the City Manager’s sole discretion. In the event more than one (1) person supervises an employee, all supervisors are required to participate in the performance evaluation process.

Except for the optional performance evaluation during the probationary period, employees may be eligible for a merit increase in conjunction with their annual performance review.

At-will management positions may receive an optional performance evaluation at the City Manager’s discretion.

Performance evaluations will be prepared on a City performance evaluation form, discussed with the employee, and placed in the employee’s personnel file where it can be examined by the employee at reasonable times upon request. An employee may receive additional performance appraisals from time to time whenever it is considered appropriate by the employee’s supervisor(s). Employees will be required to submit their self -evaluation, accomplishments and goals to their supervisor, prior to the preparation of the performance evaluation.

An employee may file a written response to a performance evaluation, regardless of the overall rating, within thirty (30) working days, which will be placed with the evaluation in the employee’s personnel file. The written response shall be prepared by the employee on their own time. City time and resources may not be used to prepare the written response. There is no requirement for management to respond in writing to the employee’s written response. Performance evaluations provided under this section are not subject to appeal or grievance.

1.10.2 Performance Improvement Plans
An employee’s Department Head, or designee, may place an employee on a Performance Improvement Plan (“PIP”) to correct an employee’s failure to meet departmental performance expectations on a consistent basis. The PIP is designed to clarify performance expectation for employees. It is a supplement to, not a replacement for, an employee’s job description detailing the employee’s job duties. A PIP will provide employees, among other things, with the following:
1) specific areas for improvement; 2) recommendations regarding strategies to improve the employee’s job performance; 3) periodic evaluation of the employee’s adherence to the PIP; and 4) timeline indicating the PIP’s duration. At the conclusion of a PIP period, one of the following will occur: 1) the PIP will be concluded because the employee has successfully met the expectations; 2) the PIP will be extended; or 3) disciplinary action will be taken.

SECTION 1.11 OUTSIDE EMPLOYMENT, ACTIVITY, OR ENTERPRISE / CONFLICT OF

INTEREST
As a public agency, the City must be particularly sensitive to real, potential, or perceived conflicts of interest. The City expects all employees to adhere to the highest ethical and professional standards. City employees are employed on the condition tha t employment with the City is their primary employment and that they shall not engage in any employment, activity or enterprise for compensation which is inconsistent, incompatible or in conflict with his/her duties, functions or 576
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20 responsibilities as a City employee. The purpose of this policy is to establish guidelines for City employees regarding dual employment or outside activities that may conflict with City employment.

No City employee shall use his/her name as an employee of the City to seek benefit from any commercial or business enterprise. No employee shall approve or utilize the name, uniform or prestige of the City, or any City department, for any such purpose. Bec ause of their knowledge and expertise, outside employment or other income opportunities may become available to City employees. If an employee is considering such an opportunity, he or she must fully disclose the employment opportunity to the City and to have it carefully reviewed to avoid conflict of interest.

Failure to disclose outside employment or potential business opportunities that may create a conflict of interest is grounds for disciplinary action up to and including termination.

Employees shall notify the City Manager in writing if they are considering the following:
a. Simultaneous employment by any other employer;
b. Participation in an outside business on their own or with others; or c. Involvement in any other outside activity where they receive any form or amount of compensation.

The City Manager or designee shall determine if a conflict exists. If a conflict of interest or scheduling problem exists, the City may terminate the employee’s City employment unless the employee elects to resign from the other employment or outside activity.

An employee’s outside employment, activity or enterprise may be prohibited if it:
a. Involves the use of City time, facilities, equipment and supplies, the badge, uniform prestige or influence of his/her City department or employment for private gain or advantage. 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 or hours of his/her City employment or as a part of his/her duties as a City employee.
c. Involves the performance of an act in other than his/her capacity as a City employee which may later be subject directly or indirectly to the control, inspection, review or audit, or enforcement of any other employee to the department by which he/she is employed. d. Involves such time demands as would render performance of his/her duties as a City employee less efficient.

Procedure for obtaining approval:
a. The employee shall request authorization of outside employment from the employee’s Department Head, or designee by completing the Authorization for Outside Employment Form prior to entering into the requested outside employment. b. The employee’s Department Head, or designee shall authorize outside employment in accordance with this policy. In the event a request for outside employment is denied, written comments will be provided to the employee. 577
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21 c. The employee’s Department Head, or designee shall furnish the requesting employee a copy of the Authorization for Outside Employment indicating approval/denial and forward a copy to the employee’s personnel file.
d. The employee may appeal the decision determining that the outside employment or activity is prohibited to the City Manager by submitting a written appeal to the City Manager within ten days of such determination. Failure of the employee to submit a timely written appeal shall waive the employee’s right to such appeal. The written appeal shall include reasons that the employee believes the determination that the outside employment/activity is not prohibited under this policy.
e. Within ten days of receiving the employee’s written appeal, the City Manager shall issue a decision either affirming or reversing the determination regarding the employee’s outside employment/activity. The City Manager’s decision shall be final and bindin g and not subject to any further appeal. An employee who continues outside employment/activity after a determination that such outside employment/activity is prohibited is subject to disciplinary action, including and up to termination of employment.

Every public employee who makes or influences governmental decisions is required to submit a Statement of Economic Interest, also known as the Form 700. The Form 700 provides transparency and ensures accountability. It provides necessary information to the public about an employee’s personal financial interests to ensure that officials are making decisions in the best interest of the public and not enhancing their personal finances, and it serves as a reminder to the employee of potential conflicts of inter est so the official can abstain from making or participating in governmental decisions that are deemed conflicts of interest. The City shall determine positions which fall under the above requirements and notify employees accordingly for submittal of initial and annual statements.

SECTION 1.12 TRAINING OF EMPLOYEES

1.12.1 Policy
a. Subject to Department Head approval, City employees are eligible to request specialized training such as conferences, seminars, special courses, etc. at the City’s expense when job related, and where such training also provides a benefit to the City. Training programs may include lectures, course s, demonstrations, webinars, professional association sponsored meetings, or such other examples for the purpose of improving the effectiveness and increasing the knowledge of employees in the performance of their respective duties.

Participation and approval for training shall be at the Department Head’s sole discretion and subject to the limitations of the City’s budgeted resources. The City Manager, Department Heads, and Supervisors shall strive to ensure that employee training res ources are distributed in an equitable manner, while taking into consideration the business necessity of the City for achieving various training needs. Costs associated with training may include registration, lodging, meals, and transportation, on a case - by-case basis. Means of transportation will be recommended and approved by the City Manager in accordance with the City’s administrative policies on Travel and Reimbursement, as they may be amended from time to time. 578
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22 1.12.2 Mandatory Training
Employees may be required to attend mandatory trainings periodically as determined by the City Manager.

SECTION 1.13 POLITICAL ACTIVITIES OF PUBLIC EMPLOYEES
The political activities of City employees are governed by the provisions of Government Code Section 3201, et. seq. In addition and pursuant to Section 3201, City employees are not permitted to participate in any political activity while in the uniform of his/her employment unless on official City business. Further, City employees are not permitted to conduct or engage in any political activity or purpose during those hours that he/she should be discharging the duties of his/her position.

SECTION 1.14 USE OF CAMERAS, VIDEO SURVEILLANCE, AND GPS SYSTEMS The City utilizes video surveillance and camera systems in the workplace for business purposes including the safety and security of employees. Such cameras and video systems are located in open areas and lobbies. Employees do not have an expectation of pri vacy related to the City’s use of these cameras and video surveillance.

The City also maintains GPS devices on all City vehicles. Employees do not have an expectation of privacy related to the City’s use of these GPS devices.

SECTION 1.15 USE OF CITY TECHNOLOGICAL RESOURCES
City employees shall adhere to the City’s administrative policy on Use of City Technological Resources, as such administrative policy may be amended from time to time.

SECTION 1.16 MANAGEMENT PREROGATIVES
The City retains, whether exercised or not, solely and exclusively, all express and inherent rights and authorities with respect to determining the level of, and the manner in which, the City’s activities are conducted, managed and administered. These management rights include, but are not limited to the following:
a. The right and authority to schedule work and/or overtime work. b. The right to direct work. An employee’s job description does not restrict the type of work to which the employee can be assigned.
c. The right to discipline or to discharge employees, where applicable, subject to the procedures set forth in these Rules.
d. The right to determine assignments and to establish methods and processes by which assignments are performed.
e. The right to transfer employees within departments and to positions outside a department in a manner most advantageous to the City.
f. To evaluate employees and to schedule when an employee’s performance evaluation will occur.
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23 g. The right to determine the compensation and benefits that will be paid or provided to employees.
h. The right to make employment decisions.

SECTION 1.17 ACCEPTANCE OF GIFTS
Employees shall adhere to the Political Reform Act and Fair Political Practices Commission (FPPC) regulations with respect to the acceptance and reporting of gifts, and with the City’s administrative policy on Ticket and Pass Distribution, as it may be amended from time to time.

Employees shall not accept compensation of any sort from anyone other than the City as consideration for the performance of an act which the employee would be required or expected to render in the regular course or hours of his/her City employment or as part of his/her duties as a City employee.

Employees who are designated under the Political Reform Act and the City’s Conflict of Interest Code to provide an economic interest disclosure shall submit the required FPPC Form 700 upon entering office, annually, and upon exiting office, under the direction and coordination of the City Clerk, or designee.

SECTION 1.18 REMOTE WORK
The City maintains a stand-alone Remote Work Policy, employees should refer to the stand-alone policy for details regarding suitable remote work arrangements. As more detailed in the stand - alone policy, some positions are ineligible for remote work and are exclusively in-person.

SECTION 1.19 EMPLOYEE’S HOME ADDRESS AND STATUS OF DRIVER’S LICENSE –

DUTY TO UPDATE

1.19.1 Home Address and Related Changes
All City employees shall notify Human Resources and Risk Management regarding any change in their home address, telephone number, email address, and emergency contact information.

1.19.2 Driver’s License Changes
a. The possession of a valid California Driver’s License may be a requirement for certain City employment positions. Convictions of certain offenses or administrative action by the Department of Motor Vehicles may restrict or prohibit an employee’s ability to drive City vehicles or operate City equipment. Therefore, all employees who are required to drive a City vehicle or operate City equipment, shall promptly notify their supervisor, and the supervisor shall ensure that Human Resources and Risk Management is immediately updated on any change, temporary or permanent, in Driver’s License status.
b. These changes will be reported in writing directly to Human Resources and Risk Management. The changes will be recorded in the employee’s personnel file. . c. Changes in Driver’s License Status will be evaluated by the employee’s department head on a case -by-case basis to determine whether the employee can fulfill the 580
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24 essential duties of the position, as a result of a change involving temporary suspension or full revocation.

SECTION 1.20 PERSONAL APPEARANCE, GROOMING AND DRESS CODE The appearance employees project to the public and others they come in contact with while at work directly reflects on the City. In the interest of presenting a professional image to the public, the City requires all employees to observe good habits of dress, grooming, and personal hygiene.

Subject to the CROWN Act, and any other applicable law, employees must always maintain a professional image.
a. Non-uniformed employees are required to dress each day in business casual dress.

Business casual wear is a style of dress which projects a professional, business-like image while still permitting employees to wear more casual and relaxed clothing. Busin ess casual does not include play wear, leisure wear, or beach wear. Clothing and footwear should be clean and in good repair. It may not be faded, torn, frayed, or revealing. (i) Examples of appropriate business casual wear include, but are not limited to, khaki, “Docker type”, gabardine, or wool slacks; polo, collared, or short -sleeved dress shirts; twin sets; sweaters; casual dresses and skirts; and loafer, flat, or dress sandals. (ii) Examples of inappropriate clothing include, but are not limited to, sweat pants, overalls, t -shirts (other than those provided by the City), sweatshirts (other than those provided by the City), halter tops, tops that are backless or have a low-cut neckline, any shirt with inappropriate language or artwork, athletic shorts, mini-skirts, clothing that is transparent or see- through; dresses with spaghetti straps, hats for in -office staff, or flip flops , including “crocs” or “slippers.”
(iii) Upon the approval of an employee’s Department Head, an employee may wear casual attire on a day other than a designated casual dress day, if the employee has been assigned a task that would be unsuited to business casual or formal business attire. b. Formal Business Attire. Employees should always consider each day’s activities when determining what to wear. If an employee is representing the City at a meeting (including City Council and Commission meetings), formal business attire should be worn. c. Grooming. As part of the professional image presented to the public by the City, employees should appear for work in a clean, well-groomed manner. d. Uniforms. Uniformed employees are expected to wear their uniforms when performing normal work activities, regardless of the time of day or day of the week. All uniforms are still expected to be clean and in good repair. Uniformed employees shall not wear their uniforms while off duty, except during brief stops to and from work and during breaks, such breaks and brief stops do not include time an employee spends running personal errands. Employees may be eligible for a uniform allowance depending on their job classification. e. Tattoos. Employees may not display via tattoo, branding, or other form of body art (“collectively tattoo ”) any obscene or offensive images, phrases, or expressions (including profanity and nudity) during their work shift if such material is, or may become visible to others during the employee’s work activities while on duty. Employees who have a tattoo, shall reasonably ensure that is not displayed in violation of this requirement by completely covering the 581
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25 tattoo with a skin -toned patch, long -sleeved uniform shirt, or other material approved by their respective department head. Employees with tattoos that are not prohibited but which the employee chooses not to display, may use similar covering options. Pu rchase of optional or mandatory covering options may be an appropriate use of uniform allowance for eligible employees.
f. Safety. The City may impose additional restrictions on an employee’s attire or grooming when there are safety concerns. Any such restrictions shall be issued in writing. g. Exceptions. The City Manager may grant exceptions to this policy if requested by an employee as a reasonable accommodation on the grounds that the application of this policy would infringe on an employee’s protected characteristics as set forth in Section 1.1 of this Manual, or any other legally protected status.

SECTION 1.21 NEWS MEDIA RELATIONS
From time-to-time, the City, its officials and employees are contacted by representatives of the news media, including press, radio and television. The ultimate authority and the individual responsible for the release of information to the media on behalf of the City is the City Manager.

Any media requests for information on behalf of the City shall be referred to the City Manager or his or her designee. At no time shall a City employee make any comment or release any information to the media on behalf of the City without prior approval from the City Manager or his or her designee.

SECTION 1.22 ATTENDANCE AND PUNCTUALITY
a. Attendance. Employees shall be in attendance on time at their workstation or location. Employees will make every effort to schedule personal appointments outside their working hours. Employee adherence to the rules governing attendance, leaves of absence and tardiness will be reviewed and evaluated during the employee’s annual performance evaluation.

All supervisors will keep track of employee attendance records, which will be reported to Human Resources and Risk Management.
b. Tardiness. It is the responsibility of the employee to arrive at work on or before the assigned time each day. If for some reason beyond the control of the employee, it is not possible for the employee to come to work on time, arrangements in advance with the Department Head must be made at the earliest possible time. In no case will repeat tardiness be tolerated. c. General Absences . Pre -authorized vacations, floating holidays, authorized compensatory time off, authorized paid/unpaid leaves of absence due to bona fide illness or injury, jury duty, bereavement, or other City leaves are the only types of absences permitted. All others will be considered a violation of this Manual.
d. Unauthorized Absences.

An employee who is absent for a full shift without authorization may be considered on an unauthorized leave of absence. An unauthorized leave of absence may be grounds for disciplinary action or a determination of job abandonment under these Rules. 582
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26 SECTION 1.23 TOBACCO, E-CIGARETTE, VAPING POLICY
Employees shall not smoke, or use tobacco, e -cigarettes, or vape in any City facility or vehicle, or within twenty feet of any City facility, or while on duty in City uniforms. A violation of this policy shall result in disciplinary action.

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27 SECTION 1.24 PERSONNEL RECORDS

1.24.1 Establishment
An employee’s official personnel file will contain all records concerning personnel actions taken, including, but not limited to, performance evaluations, benefit enrollment forms, educational courses taken, and all employment related documents that give a complete employment history.

The City Manager or designee shall keep personnel records confidential to the extent permitted by law. Personnel files may be viewed by the employee upon request. Employee medical information shall be kept in files separate from the official personnel file. Likewise, any grievances filed by an employee as well as documents reflecting a review of such grievances shall be maintained in separate confidential files.

1.24.2 Maintenance
Employees are required to inform the Human Resources and Risk Manage ment Director , or designee, of any changes in name, address, telephone number, marital status, family status, beneficiary, or other information on file. This ensures that state and federal withholding statements, insurances and retirement records are correct. Employees may be liable for any costs incurred by the City as a result of inaccurate personnel information.

1.24.3 Release of Information Concerning City Personnel To ensure personnel information is appropriately and accurately disseminated, the Human Resources and Risk Management Director, or designee will authenticate personnel reference checks and employment verifications, and confidentially handle financial inquires originating from banks, credit unions, etc. regarding current and past City employees. Responses to third party inquiries, including financial inquiries, will be released only upon written employee authorization.

1.24.4 Procedures for Release of Information
a. All outside inquiries and reference checks shall be in writing and shall be forwarded to the Human Resources and Risk Management Director, or designee for response. The Human Resources and Risk Management Director or designee may consult with the City Atto rney as to the release of the requested information. All calls for reference checks should be referred to the Human Resources and Risk Management Director.
b. Financial information will be released only after a written request has been submitted to the Human Resources and Risk Management Director or designee by the entity requesting the information, and the employee has executed a written approval to release the requested information. The Human Resources and Risk Management Director, shall verify the authenticity of the written approval to release the requested information prior to releasing an employee’s financial information.
c. The Human Resources and Risk Management Director or designee shall comply with applicable Federal and State laws regarding release of public employee information and shall consult with the City Attorney whenever there are questions concerning the release o f an employee’s information. Nothing in this section shall be construed as prohibiting the City from releasing information required by law, including but not limited to a subpoena or court order. 584
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28 d. Any employee who receives a request for a personal reference by a former or current employee is required to forward that request to the Human Resources and Risk Management Director. Only the City Manager and the Human Resources and Risk Management Director or their designees are authorized to provide references for former or current employees on behalf of the City. No other employee is authorized to provide such written or verbal references or recommendations for former or current employees. Further, no other employee is authorized to respond to questions from persons outside the City about former or current employees regarding their work performance.

1.24.5 Employees with Access to Confidential Information In performing their duties, employees may have access to confidential information, including employees’ personnel files and the personal, financial and medical information of other City employees. In addition, some City employees will be involved in some c ommunications with the City Attorney’s Office which can be protected by the Attorney -Client privilege. Employees with such access are required to keep such information confidential.

1.24.6 Personnel/Payroll Files – Right to Inspect
a. California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee's performance or to any grievance concerning the employee. b. Inspections shall be allowed at reasonable times and intervals, but not later than 30 calendar days from the date the City receives a written request. Upon a written request from a current or former employee, or a representative, the City shall provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not less than 30 calendar days from the date the City receives the request.
c. To facilitate the inspection, the City shall (1) maintain a copy of each employee's personnel records for a period of not less than three years after termination of employment, (2) make a current employee's personnel records available for inspection, and i f requested by the employee or representative, provide a copy at the place where the employee reports to work, or at another location agreeable to the employer and the requester. If the employee is required to inspect or receive a copy at a location other than the place where he or she reports to work, no loss of compensation to the employee is permitted, (3) make a former employee's personnel records available for inspection, and if requested by the employee or representative, provide a copy at the location where the employer stores the records, unless the parties mutually agree in writing to a different location. The City is not required to make those personnel records or a copy available at a time when the employee is actually required to render service to the employer, if the requester is the employee.
d. The City shall take reasonable steps to verify the identity of a current or former employee or an authorized representative. Prior to making records available for inspection or providing a copy of those records, the City may redact the name , or any other personally identifying information of any other employee contained in the subject employee’s personnel files. e. The right to inspect personnel files and records does not apply to records relating to the investigation of a possible criminal offense, letters of reference, or ratings, reports, or records that (a) were obtained prior to the employee’s employment, 585
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29 f. were prepared by identifiable examination committee members, or (c) were obtained in connection with a promotional exam.
g. The City shall permit current and former employees to inspect or copy payroll records pertaining to that current or former employee.
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30 CHAPTER 2 – CLASSIFICATION AND COMPENSATION
SECTION 2.1 EMPLOYEE CLASSIFICATIONS/AUTHORIZED POSITIONS Authorized full-time and part -time positions, with classification titles and pay ranges specified, shall be established from time to time upon adoption of a resolution by the City Council. The job descriptions for such positions shall be approved by the City Manager or his or her designee and revised as deemed necessary or desirable. Unless otherwise stated, the following definitions shall apply for purposes of Authorized Positions under this Manual:
a. Regular Full -time Employee : A full -time non -management employee who is appointed to a position for a six-month or longer term, who has successfully completed his or her probationary period in their position in the classified service and is occupying a classified position established on a continuing basis, and is employed to work at least 2080 hours per year on a regular schedule, and is eligible for the City’s retirement program and full benefits. Such positions are designated as “general” on the City’s adopted Salary Schedule. b. Regular Part -time Employee : A part -time non -management employee who is appointed to a position for a six-month or longer term, who has successfully completed his or her probationary period in their position in the classified service and is occupying a classified position established on a continuing basis, and is employed to work a minimum of 30 hours per week, and less than 2080 hours per year, and is eligible for the City’s retirement program and half the benefits of a regular full-time employee. Such positions are designated as “general” on the City’s adopted Salary Schedule.
c. Temporary Part-time Employee: A part -time non-management employee who is employed to work 29 hours per week or less. Such positions are designated as “part-time” on the City’s adopted Salary Schedule. Employees hired in this category are excluded from receiving benefits, except as ot herwise expressly provided under this Manual or as required by law, and serve at the will of the City Manager. Those temporary part -time employees who are assigned such hours that result in an accumulation of 1,000 hours within the fiscal year, shall become eligible for participation in the City’s retirement program. Paid Interns shall be included in this category, as well as temporary or seasonal employees.
d. Probationary Employee: Every new employee in a regular full -time or part -time position shall serve a probationary period of twelve (12) months, exclusive of time off for leaves of absence as hereinafter permitted. The probationary employee will be evaluated periodically during the probationary period and is subject to dismissal, with or without cause, at the discretion of the City Manager. The termination can be exercised at any time during the probationary period.

Effective on the first day following completion of the probationary period, if the employee’s performance has been satisfactory and the City Manager approves his/her retention, the employee shall be considered thereafter a full-time or part-time regular employee of the city.

Probationary employees are also deemed “Disaster Service Workers” per Section 2.1.i. below. e. Exempt Employee : An employee who is exempt from the overtime provisions under applicable law.
f. Non-Exempt Employee: An employee who is covered by the overtime provisions under applicable law.
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31 g. “At-Will” Employee: A full-time management employee who is not included in the classified service. Such positions are designated as “management” on the City’s adopted Salary Schedule. Employees who are hired pursuant to Federal/State/County/Regional agency funding assisted programs are at -will employees and subject to termination when program funding terminates. An “at -will” employee may be dismissed by the City Manager at any time with or without reason and without prior notice or right of appeal. While many sections of t his Manual apply to “at-will” employees, others shall not, and inclusion of those sections does not change the status of “at-will” employees. Nothing in this Manual or in any document or statement shall limit the right to terminate an “at-will” employee without prior notice, without any reason, and without a right to appeal the termination decision.
h. Volunteer/Unpaid Interns: An individual who accepts an unpaid position with the City to perform specific tasks. A volunteer or unpaid intern is not an employee, and can be released at any time and for any reason without the right of appeal. i. Disaster Service Workers : The protection of the health and safety, and preservation of lives and property of the citizens of the City of Eastvale from the effects of natural, manmade, or war-caused emergencies which result in conditions of disaster or in extreme peril to life, property and resources is of paramount City importance requiring the responsible efforts of public and private agencies and individual citizens. In furtherance of the exercise of the power of the City in protection of its citizens and resources, ALL City employees are hereby declared to be Disaster Service Workers subject to such disaster service activities as may be assigned to them by their superiors or by law.

SECTION 2.2 WORKWEEK AND SCHEDULES

2.2.1 General Policy
a. The City’s standard workweek for all employees begins at 12:00 a.m. each Monday and ends at the following Sunday at 11:59 p.m. The City may establish additional standard workweek schedules to accommodate other unique circumstances. b. City Hall’s normal operating hours are 7:30 a.m. to 5:30 p.m., Monday through Thursday. City Hall is closed every Friday.
c. Depending on City requirements, some employees may be required to work different schedules, which may include working outside of City Hall’s normal operating hours.

Each employee’s scheduled hours of work will be determined based on staffing requirements t o meet the needs of the City and our business objectives. Therefore, the City reserves the right to schedule employees to work an earlier or later schedule. d. Variations in work schedules may be approved by the City Manager, however, must be requested and approved in writing prior to the employee making any changes to their schedule. Such requests will be evaluated as to their impact on the needs of the City, an d to ensure appropriate and adequate staff coverage, in considering the request for a modified schedule.
e. The City reserves the right to change an employee’s work schedule to meet the needs of the City.
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32 2.2.2 Full-time Exempt (Salaried) Employees Work Schedule Exempt (salaried) employees are generally expected to maintain the same work schedule and office hours as non -exempt employees unless pre -authorized by the employees’ pertinent Department Head. The City will consider the need for exempt employees to have some flexibility in the work schedule, to the extent that exempt employees demonstrate that they are meeting the requirements of their position (including any supervisory obligations), and that a minimum of forty (40) hours per week is achieved, which shall include use of approved leaves from time banks (e.g. sick leave, vacation leave, etc.). Variances in the employee’s regular schedule must be discussed and approved in advance by the pertinent Department Head. In all cases, the business needs of the City and its residents must be a top priority. Any perceived abuse of the City’s flexibility, and/or failure of the exempt employee to fully perform their job duties or to fulfill the required forty (40) hours will result in the loss of privilege for flexibility. Exempt employees shall not receive less than forty (40) hours per week compensation as salaried employees, except as permitted by law. Such instances should be disc ussed with the Human Resources and Risk Management Director for appropriate review and handling.

Exempt employees shall work extra hours as needed to perform their duties, to attend special events, and/or to attend meetings after hours as required by the pertinent Department Head.

Exempt employees receive leave in recognition of the extra hours they are expected to work.

2.2.3 Regular Full-time Non-Exempt (Hourly) Employees Work Schedule All full-time non-exempt (hourly) employees shall work one of the following assigned shifts: 1) 7:30 a.m. – 6:00 p.m. with an unpaid thirty-minute (30) meal period; 2) 7:00 a.m. – 5:30 p.m. with an unpaid thirty (30) minute meal period; or 3) 7:00 a.m. – 6:00 p.m. with an unpaid one (1) hour meal period. Other variations may be authorized by the pertinent Department Head on a case - by-case basis, subject to City Manager approval.

2.2.4 Part-time Non-Exempt (Hourly) Employees Work Schedule All part-time non-exempt (hourly) employees shall work designated hours as established by their supervisors and department heads, and shall be eligible for rest and meal breaks consistent with the rules for full-time non-exempt employees.

2.2.5 Make-up Time for Non-Exempt (Hourly) Employees
a. Make-up time is available for all regular full-time, regular part-time, and temporary part-time employees who are paid on an hourly basis (non-exempt, as defined under section 2.1(f) above).
b. The City does not require employees to work make up time. Make-up time allows a non-exempt employee to voluntarily request time off for a personal obligation and to make up the time on another day in the same workweek.
c. Notwithstanding the foregoing, non-exempt employees will be paid overtime when more than forty (40) hours are worked in a workweek. Sick leave, vacation leave, holidays, or other leaves are not hours worked and shall not be counted towards the calculation of overtime. d. Requests must be submitted in writing to the employee’s immediate supervisor.

The employee’s immediate supervisor will review the employee’s request and discuss with the 589
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33 Department Head. The request must be approved in advance by the employee’s supervisor and Department Head prior to performing any make - up time. Please note that the City cannot guarantee make-up time will be approved or provided.
e. Advance notice is required in order that the City may plan for work coverage.

Employees are required to provide the City with seventy-two (72) hours’ notice, except in the case of emergencies. Same-day requests are discouraged, and will be considered on a case-by-case basis and in emergency situations.
f. Any perceived abuse of the City’s flexibility (e.g. failure to provide advance notice on a recurring basis) will result in denial of make-up time request.

2.2.6 Special Events, City Council Meetings, and Commission Meetings All employees may be required to work special events i.e. EEK!Vale, Miracle Holiday Event, National Night Out, and other similar events, and may be required to attend City Council, Commission and/or other meetings. Compensation for such hours worked shall be provided consistent with this Manual as required by law. Notwithstanding any other provision in this Manual, non-exempt employees working special events will be paid at 1.5x their regular rate of pay for working such special events during a workweek where an observed holiday occurs, the employee receives holiday pay for such observed holiday, and the employee’s holiday hours and total hours worked exceed forty (40) hours for such workweek. For the purpose of this Manual “special events” does not include City Council and Commission meetings.

SECTION 2.3 PAYROLL PROCESSING

2.3.1 General Information
The City processes payroll on a bi-weekly basis with twenty-six (26) pay periods in each calendar year. Payday will be the Thursday following the close of the pay period and is paid on Thursday by direct deposit.

2.3.2 New Hires and Employee Changes
Human Resources and Risk Management provides all applicable new hire personnel forms to each new employee, and prepares the Personnel Action Form (PAF) for all newly hired employees. Personnel Action Forms are also required for any employee changes including, but not limited to, position change, salary increase, benefit change, etc. The Personnel Action Form identifies programs and account numbers the employee’s time will be charged to and must be approved by the City Manager, Finance Director, Human Resources & Risk Management Director, and Department Head. Human Resources and Risk Management enters new employee data into the payroll system. The Human Resources and Risk Management Director, reviews the entries for completeness and accuracy.

2.3.3 Time Sheets
a. All Non-Exempt Employees:
(i) All-time records, including time sheets, represent legal documents that are used to accurately record working time and to compensate employees properly. All non-exempt employees shall record accurately all exact time worked. 590
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34 (ii) To ensure the accuracy of all -time records, non-exempt employees will input their own time into the electronic timesheet system and acknowledge that they recorded all hours worked accurately, received all rest and meal periods as required under this Manual, and reported any injuries or on the job illnesses to their supervisor. (iii) Non-exempt employees must ensure that the time sheets are submitted on the day and prior to the cut-off time designated by the City. (iv) Under no circumstances shall a Supervisor or employee input time on behalf of another employee. Limited exceptions to this may be granted by Human Resources and Risk Management in the case of an emergency or absence. Where so authorized, employees may instead provide their time sheet information via written/email communication. b. Exempt Employees: All exempt (salaried) employees must complete time sheets in order to record regular time worked and exception hours (e.g. sick leave, vacation, etc.). c. Supervisors:
(i) Supervisors shall review and address potential issues in time entries.

Supervisors shall approve each time sheet via the electronic timesheet system, attesting to the completion of such review and that the time recorded reflects all work performed by the employee of which the supervisor was reasonably aware.
(A) To carry out this duty, supervisors are responsible for daily monitoring of the following for non-exempt employees:
• Start time for each workday;
• Start time for each meal period;
• End time for each meal period;
• End time for each workday;
• Whether a meal period is taken (if no meal period is taken, this must be stated);
• All actual time taken as paid leave; and
• Any additional time during which work is performed, including work performed outside the regular shift.

2.3.4 Deductions
Any benefit or insurance deductions associated with payroll will be withheld from the first and second paycheck of each month. Cafeteria cash outs will be paid in two equal payments on the first and second paycheck of each month. With bi -weekly pay periods, there are two (2) months during the year that a third paycheck will be received. There will not be any benefit/insurance deductions taken on the third paycheck of a month.

2.3.5 Issuance of Paychecks
After all entries have been verified and applicable corrections made, payroll checks are processed.

The paychecks are scanned and kept in a secure location until payday. Human Resources and Risk Management distributes pay stubs to all employees on pay day. 591
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35 2.3.6 Final Payment upon Separation of Employment
Human Resources and Risk Management prepares and processes the final paycheck including payoff for unused accrued vacation and any other vested leave with a provision for cash payout at termination under this Manual. After receipt of the approved Personnel Action Form and approved time sheet, the City Manager reviews the calculations and proof list before pr oviding approval for issuing an employee’s final paycheck.

SECTION 2.4 REST AND MEAL PERIODS – NON-EXEMPT (HOURLY) EMPLOYEES a. Employees whose total daily work time is at least 3.5 hours must take a mandatory paid rest period of fifteen (15) minutes. A fifteen (15) minute rest period is mandatory for every four (4) hours worked, or “major fraction thereof.” As much as practicable, the rest break should be taken in the middle of the work period.
b. Employees who work more than five (5) hours must take an unpaid, off-duty meal period of at least thirty (30) minutes.
c. Employees who work more than ten (10) hours are entitled to a second unpaid meal break.

In the event that an employee cannot be completely relieved of all duties during a meal break, the employee will be paid during the meal break, and such time shall constitute hours worked.

d. Employees should refrain from taking rest and meal breaks at their desks to ensure that a bona fide, uninterrupted rest and meal break has been taken. e. Rest breaks are treated as hours worked, and are paid as time worked. f. Rest and meal breaks may not be saved or used at another time or to make up a late arrival, or to shorten the workday. Rest breaks shall not be combined with meal periods to provide an extended meal period.
g. Rest and meal breaks may not be taken within one (1) hour of starting time, or quitting time unless special circumstances make this desirable, and in which case prior approval shall be obtained from the employee’s immediate supervisor. h. Non-exempt employees must accurately record each meal period on the timecard.

Each meal break must be at least 30 minutes long.
i. Supervisors are responsible for ensuring that employees are provided the opportunity for rest and meal breaks in accordance with these rules. Supervisors are also responsible for scheduling meal and rest breaks to provide for appropriate coverage of work.

SECTION 2.5 OVERTIME COMPENSATION/COMPENSATORY TIME OFF Non-exempt (hourly) employees who work more than forty (40) hours in a workweek shall be compensated at the rate of one and one-half (1.5) times the employee’s regular rate of pay, either as paid time at one and one -half (1.5) times the regular rate of pay or as compensatory time off accrued at the rate of one and one-half (1.5) times the regular rate of pay for all hours worked in excess of forty (40) in any workweek. For the purposes of this policy, holidays, sick leave usage, 592
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36 vacation leave usage, jury duty leave and other pre- scheduled time off shall not be considered work time, towards the calculation of overtime. Non-exempt employees may not “volunteer” work time to perform duties that are the same or similar as their stated or regular job duties.

The following provisions apply to Compensatory Time Off (CTO):
a. Non-exempt employees may choose to be compensated for overtime work through compensatory time off (CTO) at the rate of one and one-half hours CTO per overtime hour worked, instead of receiving cash payment. The decision to receive overtime pay or CTO credit must be made at the end of the workweek in which the overtime is worked, at the employee’s option, provided that the employee has not accrued the maximum CTO allowed under this policy and subject to approval by the Department Head and/or City Manager or designee. b. Employees may accrue CTO up to a maximum of 120 (equivalent to 80 hours of worked overtime). If an employee reaches this maximum limit they will be paid for all overtime worked until the CTO balance has been reduced below 120 hours. c. Employees who request to use accrued CTO will be permitted to use the CTO within a reasonable period after making the request so long as the use of CTO does not unduly disrupt the operations of the City as determined by the Department Head. Employees may not be forced to use compensatory time already held, but may be encouraged to reduce the amount of accrued hours.
d. Except as otherwise provided in subparagraph (e), Employees may not convert unused CTO to cash-out pay except at termination of employment or upon change in eligibility for CTO accrual. Unused CTO shall be paid out at the rate of pay required by the Fair Labor Standards Act (“FLSA”). The rate of pay re quired by the FLSA is the higher of (i) the average regular rate received by the employee during the last 3 years of employment, or (ii) the final regular rate received by the employee.
e. The City will convert unused CTO to cash-out for all employees with unused CTO in their CTO balance, on the first pay period of each November. Unused CTO shall be paid out at the rate of pay required by the Fair Labor Standards Act (“FLSA”). The rate of pay required by the FLSA is the higher of (i) the average regular rate received by the employee during the last 3 years of employment, or (ii) the final regular rate received by the employee SECTION 2.6 BI-LINGUAL PAY
Regular full-time and regular part time employees who are certified as bi -lingual by the City in accordance with these provisions and who are routinely and consistently assigned to provide bi- lingual services in positions requiring communication skills in languages other than English are eligible for bilingual pay. Bi-lingual pay may be suspended for employees who are on a leave of absence from the City. The City may pro-rate the employee’s bi-lingual pay based on the length of the leave of absence.

Eligible regular full -time employees may receive an additional $1 50.00 per month for bi -lingual services, and eligible regular part-time employees may receive an additional $ 75.00 per month.

The City Manager will be the final authority to determine which positions are eligible to receive bi- lingual pay, to assign and approve bi -lingual pay, and to remove bi -lingual pay from employees based on business necessity. Each Department Head will be able to provide recommendations to the City Manager regarding the languages needed and the total number of staff to provide 593
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37 services to the public. Employees being considered for bi -lingual services shall be required to pass a bi-lingual proficiency test for both speaking and writing skills. Human Resources and Risk Management will arrange for the testing, as required. Employee s who pass the tests, and are considered certified, shall receive their bi-lingual pay effective the pay period following certification.

To the extent permitted by law, the value of the compensation for bi -lingual pay is considered special compensation and shall be reported as such to CalPERS pursuant to Title 2 CCR, Section 571(a)(4) (for Classic Members) or Title 2 CCR Section 571.1(b)(3) (for New Members) – Special Assignment Pay. Bi-lingual pay shall be reported to CalPERS periodically when earned, on a per pay period basis. However, the City makes no representations or guarantees whatsoever with respect to whether CalPERS shall include said bi -lingual pay as compensation for purposes of benefit determination and CalPERS shall make the sole determination as to inclusion.

SECTION 2.7 TEMPORARY ASSIGNMENTS
Employees may be temporarily assigned higher or lower duties without a change in pay and such action shall not be deemed as a transfer, demotion, promotion, or reclassification. In all cases where periodic or regular variations in assignments occur because of seasonal or operational needs, the nature of the duties, the work schedule or a position from which the incumbent is on extended leave of absence, such variations shall be considered as incidental to the position.

2.7.1 Acting Assignment to Higher Position
Acting appointments may be used to fill positions that are vacant or that are temporarily vacant, such as when an employee is on an extended leave of absence.

a. Whenever the needs of the City require an employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed for a period of more than twelve (12) consecutive working days, the employee shall receive the salary rate of the higher class in which the employee is performing the required duties. In such cases, the employee shall be paid at an appropriate step of the current salary schedule of the higher classification which will assure an increase of not less than 5% greater than the salary of the employee’s current position, but in no case shall such salary exceed the top salary step of the higher classification. The higher salary rate payable shall commence on the thirteenth working day following the temporary reassignment to the performance of duties of the higher classification.

The requirement for the performance of duties of the higher classification shall be placed in writing by the City Manager, or the City Manager’s designee, following recommendation by the affected Department Head. No employee shall be required to perform any of the duties of a higher classification unless that employee is deemed to possess the minimum qualification of the higher classification by the City Manager, or the City Manager’s designee, as recommended by the affected Department Head.
b. The employee assigned to perform the duties of a higher classification shall not serve for more than ninety (90) working days in a higher classification whenever a vacancy exists without the announcement by the City Manager, or the City Manager’s designee, of an approved examination as otherwise provided in this Manual. In no case shall an employee serve more than 960 hours in a fiscal year or six (6) total months, whichever comes first, in a higher classification without successfully passing the examination.
c. An employee appointed in an acting capacity shall be eligible to receive performance increases in the permanent position during the acting appointment but shall not be 594
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38 entitled to performance increases in the position which the employee holds in an acting capacity.

If successful in being promoted, the period of time of service in the higher classification shall be credited for the promoted employee toward the required p eriod of probation for the higher classification as otherwise required in these rules.
d. The City Manager, or the City Manager’s designee, shall obtain the employee’s written consent for the temporary performance of any of the duties of the higher classification beyond a period of twelve (12) working days, prior to an employee assuming or cont inuing the duties and compensation of a higher classification, which consent shall clearly state that it is understood that employee’s salary rate will revert to the salary rate in the employee’s permanent position upon the expiration of the need for the p erformance of the duties of the higher classification.

SECTION 2.8 CALL BACK PAY
Call back duty occurs when a non -exempt employee is ordered to return to duty on a non - regularly scheduled work shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two (2) hours work commencing at the time of the call or contact. Any call back lasting two (2) hours or less shall result in a credit for two (2) hours worked. A subsequent call receive d during a call back shall not result in an additional two (2) hours minimum call back pay, but shall be paid as actual time worked. Notwithstanding any other provision in this Manual, call back hours will be paid at 1.5x the employee’s regular rate of pay during a workweek where an observed holiday occurs, the employee receives holiday pay for such observed holiday, and the employee’ s holiday hours and total hours worked exceed forty (40) hours for such workweek.

SECTION 2.9 ON CALL (STANDBY) PAY
Non-exempt (hourly) employees may be assigned to twenty -four (24) hours on call duty on a week- end, holiday or non-scheduled work day, or on call duty between regularly scheduled work shifts, requiring the employee to respond to emergency calls. Response to emergency calls shall occur within sixty (60) minutes from the time the employee receives the communication.

Response calls may require the employee to report back to work.

An employee serving on-call under this section shall receive two hours of the employee’s regular rate of pay per on-call assignment , regardless of the on-call assignment duration. Said compensation is exclusive of any other compensation that may be provided for time worked. Non- working on-call hours shall not count as hours worked, however, compensation for such hours shall count towards calculating the employee’s regular rate of pay. Notwithstanding the foregoing, an employee serving on -call during a workweek where an observed holiday occurs and the employee receives holiday pay for such observed holiday, will receive two hours paid at 1.5x the employee’s regular rate of pay per on -call assignment, regardless of the on -call assignment duration.

SECTION 2.10 AUTOMOBILE ALLOWANCE
The City Manager may approve a n automobile allowance, not to exceed $ 400 per month, for select Department Heads and management employees as determined appropriate by the City Manager. There is no right to a n automobile allowance and the City Manager may reduce or eliminate a previously approved automobile allowance at any time. Department Heads and 595
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39 management employees who receive an automobile allowance shall do so in lieu of receiving a mileage reimbursement from the City for use of their personal vehicle for City-related travel.

SECTION 2.11 PHONE ALLOWANCE
The City Manager shall designate those positions requiring either the issuance of a cell phone for the conduct of City business, or the provision of a cell phone allowance in the amount of $40 per month, when designated employees use their own phone.

SECTION 2.12 SALARY AND WAGE SCHEDULES
The salary and wage schedule for authorized full-time and part-time positions shall be established from time to time upon adoption of a resolution by the City Council.

The City complies with all applicable state and federal laws regarding equal pay. Compensation to employees shall be based upon job classification and defined factors including education, training, experience, consequence of action, essential functions/dut ies and responsibilities, judgment/decision-making, and supervision received and exercised. In all cases, wages shall not be based on factors prohibited by law.

SECTION 2.13 ADVANCEMENT WITHIN THE SCHEDULE

2.13.1 Merit Increases
The City Manager may authorize merit-based salary increases within the authorized salary range based on an employee's ability, proficiency, and performance. The annual merit increase will be determined at the City Manager’s sole discretion, however, generally, such merit increase will be up to 5%. In cases of extraordinary performance, the City Manager may approve a maximum merit increase of up to 10%. Employees who receive a performance rating of "needs improvement" or lower will not be eligible for a merit increase for the rating period. If, in the Department Head’s sole discretion, the employee demonstrates sustained improvement, the Department Head may prepare an interim performance evaluation and recommend a salary increase to the City Manager.

2.13.2 Special Merit Increases
The City Manager, upon recommendation from a Department Head, may approve a Special Merit Increase for an eligible employee. Department Heads shall discuss such instances with the City Manager and prepare a memorandum to document superior, outstanding and meritorious performance warranting such special monetary recognition. Such increases shall not exceed 5% and are subject to the approval of the City Manager. Special Merit Increases shall typically occur outside the employee’s normal rating period. An emp loyee receiving a Special Merit Increase shall remain eligible for their normal merit increase at the prescribed evaluation period. Special Merit Increases shall be rare exceptions, not the rule, and may not exceed the maximum of the established salary range.

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40 SECTION 2.14 CHANGES IN EMPLOYMENT STATUS

2.14.1 Transfer
The City Manager, may, at any time, transfer an employee from one position to another position in the same or comparable class. A comparable class is one with essentially the same maximum salary limits, involves the performance of similar duties, and requires substantially the same basic qualifications. Transfer shall not be used to effectuate a promotion, demotion, advancement, or reduction, each of which may be accomplished only as provided in this Manual. No person shall be transferred to a position for which he/she does not possess the minimum qualifications.

2.14.2 Promotion
A promotion is the appointment of an employee from one classification to a classification having a higher base salary range.

A current employee selected for promotion following an open recruitment, as provided in section

1.6.2 above, may negotiate a competitive salary following promotion . An employee promoted following an open recruitment will at least receive the entrance rate of the new range or a five percent (5%) increase in salary, whichever is greater. Under no circumstance will a promoted employee be advanced above the final step of the higher base salary range.

Employees selected for promotion following an internal recruitment, as provided in section 1.6.1 above, shall receive the entrance rate of the new range or a five percent (5%) increase in salary, whichever is greater.

The promotion effective date shall be the first day of the pay period following the approval of the appointment.

2.14.3 Reclassification
An employee whose position has been reclassified from one class to another class, which has a higher base salary range, shall be placed at the entrance point of the new range or at a step within the range that is not less than 5% and not more than 10% incr ease in salary. Ensuing merit increases will be due one (1) year from the date of the adopted reclassification. Reclassified employees are not required to serve a probationary period.

2.14.4 Demotion
A demotion is the appointment of an employee from one classification to a classification having a lower maximum rate of pay.
a. An employee demoted for disciplinary reasons shall be placed on the same step within the base salary range of the class to which demoted. b. A promotional probationary employee who is returned to former classification during the probationary period shall be placed on the same step within the base salary range or the former classification that the employee was on at time of promotion. No credit shall be granted for time spent at the promoted level for next step advance due date. 597
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41 c. An employee demoted for non-disciplinary reasons shall be retained at the same salary rate, provided that the salary rate does not exceed the maximum of the salary range of the demoted class. With the approval of the City Manager, the employee may be “Y -rated” (rate of pay is frozen at the rate of pay immediately prior to the demotion). The rate of pay of an employee that is Y-rated will not change until the employee’s classification salary scale and step equals or exceeds their Y-rated level.
d. An employee who voluntarily demotes from one classification to a classification with a lower maximum salary range shall be placed within the new salary range.

2.14.5 Suspension
The City Manager may suspend, and approve the recommendation of a Department Head, to suspend an employee at any time for just cause, in accordance with Chapter 5 of this Manual.

2.14.6 Reinstatement
With the approval of the City Manager, a regular employee who has resigned with a good record may be reinstated within one (1) year to his/her former position, if vacant, or to a vacant position in the same, comparable, or lesser class provided he/she possesses the minimum qualifications for the position.

Reinstated employees do not retain any benefits or rights previously earned by virtue of his/her former employment unless approved by the City Manager. The employee will be appointed as a new employee and serve a new probationary period, unless specifically waived in writing by the City Manager. No credit for former employment shall be granted in computing salary, vacation, or other benefits except on the specific recommendation of the City Manager at the time of reinstatement unless otherwise required by law. The employee shall have a new hire date that is applicable to all benefits, including retirement and retirement health benefits, unless otherwise required by law.

SECTION 2.15 TRAVEL EXPENSES
The City’s administrative policies on Travel and Reimbursement, as they may be amended from time to time, shall serve to provide policy related to this topic.

SECTION 2.16 EDUCATIONAL EXPENSE REIMBURSEMENT
The City will provide all employees with educational expense reimbursement for courses which relate to their job duties or the completion of a degree in a field related to City operations, subject to City Manager approval, at the City Manager’s sole discretion. An employee may be reimbursed for up to $2,500 per fiscal year, not to exceed a cumulative total of $10,000 for full-time employees and $5,000 for part-time employees. Note: Reimbursement under this section do not encompass expenses related to any certificates or licenses that are required as provided in an employee’s job description. Such expenses are directly reimbursed to the employee and are not subject to the requirements for reimbursement under this section.

To be eligible for reimbursement under this section, an employee must satisfactorily complete 12 months of employment prior to qualifying for course approval and subsequent reimbursement. If eligible, an employee must do the following to obtain reimbursement: 1) receive course approval prior to registration from Human Resources and Risk Management, Department Head, and City 598
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42 Manager; 2) provide Human Resources with evidence of satisfactory ("C" grade or better) completion of the approved course. Human Resources and Risk Management shall, at its own sole discretion, make a determination as to whether the evidence provided by t he employee of satisfactory course completion is sufficient; 3) submit receipts for tuition, enrollment fees, and/or books within 60 days of course completion; and 4) sign a form agreeing to repay the City the reimbursed amount if the employee voluntarily separates from the City or is terminated for cause within 24 months of the date of the reimbursement.

If there is insufficient funding to pay for all pending or anticipated future reimbursement requests, the City Manager may devise a fair and equitable manner for allocating the funds available amongst the eligible employees.
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43 CHAPTER 3 EMPLOYEE BENEFITS
SECTION 3.1 HOLIDAYS
All regular full-time employees, regular part-time employees, at-will full time employees, and full- time and part -time employees who are in their probationary period, shall have the following holidays as time off with pay:

1. January 1st, known as “New Year’s Day”

2. The third Monday in January, known as “Martin Luther King Jr. Day”

3. The third Monday in February, known as “Presidents’ Day”

4. The fourth Monday in May, known as “Memorial Day”

5. July 4th, known as “Independence Day”

6. The first Monday in September, known as “Labor Day”

7. November 11th, known as “Veteran’s Day”

8. The fourth Thursday in November, known as “Thanksgiving Day”

9. The day after Thanksgiving Day

10. December 24th, known as “Christmas Eve Day”

11. December 25th, known as “Christmas Day”

12. One (1) floating holiday.

The City Council may approve additional paid holiday(s) for employees in any given fiscal year from time to time by resolution.

In the event a holiday falls upon a Friday or Saturday, the prior workday will be taken in lieu of the holiday; in the event a holiday falls upon a Sunday, the following workday will be taken in lieu of the holiday. Holidays occurring during an employee’s vacation shall be treated as a paid holiday.

Employees who are absent from work on a holiday due to unpaid leave of any form, shall not receive reimbursement or payment for the missed holiday.

All regular part-time employees and regular part-time employees who are in their probation period shall receive the defined holidays as time off with pay at one-half (1/2) (e.g. 5 hours paid holiday).

Floating holidays will be provided at the beginning of the calendar year. Floating holidays not used during the calendar year in which they are provided will be converted to vacation time and treated in the same manner as provided in Section 4.2 of this Ma nual, including counting toward an employee’s maximum vacation accrual and the vacation buy-back provisions.

In addition to the holiday pay provided in this section , non-exempt employees working during the observed day of any of the following holidays or the actual day of the following holidays : Martin Luther King Jr. Day; President’s Day; Memorial Day; Independence Day; or Labor Day, will be paid 1.5x their regular rate of pay for hours worked during such observed day of the foregoing holidays or the actual day of the foregoing holidays. If an employee works both, the observed day of the forgoing holidays and the actual day of the foregoing holidays, such employee will only receive 1.5x their regular rate of pay for hours worked during the day they work more hours. In no event shall an employee receive more than one premium rate of pay, as provided in section

2.2.6 above, for the same hours worked.

SECTION 3.2 WINTER HOLIDAY CLOSURE
City Hall closes to the public during the winter holiday period beginning December 17 through January 1 of each year (actual dates may vary depending on the day of the week the holiday falls). 600
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44 Certain City operations may continue during this Winter Holiday Closure while others will not, as determined appropriate by the City Manager.

In conjunction with the City paid holidays, including December 24 th, December 25th, December 31st, and January 1st, employees not required to work during all or a portion of the Winter Holiday Closure will be required to use their accrued leave time (vacation, compensatory, exempt employee leave, or floating holiday time) to equal the remainder of their regular work schedule hours/days during the Winter Holiday Closure.

The City Manager may approve an employee’s ability to work during the Winter Holiday Closure based on the City’s needs and at the City Manager’s sole discretion.

If an employee is ordered to return to duty during the Winter Holiday Closure, the time called back during regular work hours will be deducted from the leave hours being used.

SECTION 3.3 INSURANCE BENEFITS
All employees in regular full -time or regular part -time positions, shall be eligible for the City’s insurance benefits which may include medical, dental, vision, life, short -term and long -term disability insurance policies including Accidental Death and Di smemberment (AD&D), or, alternatively in a recognized cafeteria plan approved by the City Council. These benefits may be increased or decreased from time to time. The City reserves the right to change carriers and/or eliminate any type of coverage at its a bsolute discretion. No employee has any vested right to any type of insurance coverage or benefits.

3.3.1 Cafeteria Plan
New employees who are hired between the first and the 14th day of the month are eligible for the full amount of the City’s cafeteria plan contribution for the first month of employment. Employees hired on or after the 15th of the month are eligible to receive one-half (1/2) of the City’s cafeteria plan contribution for the first month of employment.

As of the most recent revision to this Manual, the City’s contribution towards the cafeteria plan for full-time employees is $2,721.01 per month. This amount reflects the current Kaiser Permanente Region III monthly premium for subscriber and 2+ dependents plus $250 . Regular part -time employees receive $1250.03 per month. Should the premium for the Kaiser Permanente Region III monthly premium for subscriber and 2+ dependents increase, the City will provide an automatic annual increase on January 1 of each year to the cafeteria plan allowance commensurate with such premium increase to such plan up to a maximum of 5% per annum. Regular part -time employees will receive a pro-rata 50% of such increase amount on an annual basis.

City Council may amend the amount provided as contribution under this section from time to time by resolution.
a. Cafeteria Cashout for Employees Hired Before December 1, 2017 Full-time employees hired before December 1, 2017, are eligible to receive up to $1,600 per month of their unused cafeteria allowance as c ash out benefit on a monthly basis. Part -time employees hired before December 1, 2017, are eligible to receive up to $800 per month of their unused cafeteria allowance as cash out benefit on a monthly basis. Cashout amount is divided equally between the first and second paycheck of each month. 601
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45 b. Cafeteria Cashout for Employees Hired After December 1, 2017 but Before July 1, 2024
Full-time employees hired after December 1, 2017, but before July 1, 2024, are eligible to receive up to $800 per month of their unused cafeteria allowance as cash out benefit on a monthly basis.

Part-time employees hired after December 1, 2017, but before July 1, 2024, are eligible to receive up to $400 per month of their unused cafeteria allowance as cash out benefit on a monthly basis.

Cashout amount is divided equally between the first and second paycheck of each month. c. Cafeteria Cashout for Employees Hired After July 1, 2024 Employees hired on or after July 1, 2024, have two options regarding use of their cafeteria allowance: (i) elect coverage in a City plan eligible for credit from the cafeteria allowance. No cashout of unused cafeteria allowance will be provided; or (ii) waive coverage from all City plans eligible for credit from the cafeteria allowance and receive cashout of their unused cafeteria allowance according to the following: full -time employees will receive $800 per month and part - time employees will receive $400 per month as cash out benefit on a monthly basis. Cashout amount is divided equally between the first and second paycheck of each month.

3.3.2 Life Insurance
Life insurance coverage shall be provided by the City for eligible employees and elected officials as follows:

Level 1 – City Manager – 3x annual salary to a maximum of $500,000.

Level 2 – Management – 2x annual salary to a maximum of $400,000.

Level 2 – All Other Eligible Employees – 2x annual salary with a minimum of $100,000 and a maximum of $250,000.

Employees who are eligible for exempt employee leave under Section 4.15 shall be considered management employees for the purposes of life insurance benefits.

Life insurance premiums for eligible employees are paid for by the City.

3.3.3 Short Term Disability Insurance and Long-Term Disability Insurance The City does not participate in the State of California’s Disability Insurance (SDI) program which includes the paid family leave program. Employees remain eligible for “unpaid” family and medical leave as provided by State and Federal leave laws. Employees should refer to the City’s Family Care and Medical Leave, Pregnancy Disability Leave, and Military Family Leave Policy for additional details, including eligibility and use of accrued leave to receive pay during leave.

The City’s Short -Term Disability plan provides a maximum benefit period of 83 days, and the Long-Term Disability program goes into effect after 90 days. The City uses a third-party company as the plan administrator. Additional plan information, including elimination periods, and the monthly benefit amounts may be obtained from Human Resources and Risk Management. Short- Term and Long-Term disability insurance premiums for eligible employees are paid for by the City. 602
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46 3.3.4 Compensation During Parental Leave
The City has contracted with Parento to provide wage replacement, up to $3,500.00 per week as provided in the agreement between Parento and the City, during an employee’s eligible leave of absence due to the birth of their child, child adoption, child foster care placement, or placement via a government child protection service. This section does not create an independent leave right, rather, this section merely provides a wage replacement plan for employees who are taking parental leave, as provided under a separate City leave entitlement . Wage replacement under this section is available for up to twelve weeks per qualifying event.

SECTION 3.4 RETIREMENT BENEFITS

3.4.1 CalPERS Enrollment
Eligible employees shall be members of the California Public Employees' Retirement System (CalPERS). The City is a member of CalPERS. Eligible employees are required to participate in accordance with the rules of CalPERS. Employees pay the full amount of the employee’s contribution to CalPERS. Retirement health insurance benefits are provided to retirees in compliance with the Public Employees’ Medical and Hospital Care Act (PEMHCA) and City Council Resolution No. 2011-03. The City shall pay no more than the monthly minimum employer contribution prescribed by Government Code section 22892 and Resolution No. 2011-03 toward retiree health benefits.

3.4.2 Accumulation Program for Part-Time and Limited-Service Employees Except as otherwise provided by law, employees not eligible for membership in CalPERS, shall be enrolled in the Accumulation Program for Part-Time and Limited-Service Employees (APPLE) in lieu of enrollment in the federal Social Security Retirement System. APPLE-enrolled employees will pay 3.75% of salary into the program and the City will match that amount. Accumulated funds in APPLE will earn interest on contributions. More information about APPLE can be received from Human Resources and Risk Management.

3.4.3 Deferred Compensation Plan
Regular full-time and regular part -time employees are eligible to contribute to the City’s 457(b) deferred compensation plan by electing a deduction amount or percentage, subject to maximum limits as designated by the Internal Revenue Service, from each paycheck. Employees may contribute to a pre tax or Roth type account, subject to plan rules and Internal Revenue Service Rules. Employees are immediately vested in their contributions to the 457(b) plan. a. Matching Contribution for Full -time Employees: The City will provide a 200% matching contribution of the employee’s contribution into a 401(a) plan up to a maximum of $3,000.00 per calendar year. Employees are immediately vested in the City’s matching contributions to the 401(a) plan.
b. Matching Contribution for Part -time Employees: The City will provide a 200% matching contribution of the employee’s contribution into a 401(a) plan up to a maximum of $1,500.00 per calendar year. Employees are immediately vested in the City’s matching contributions to the 401(a) plan.
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47 3.4.4 Retiree Health Reimbursement-defined Contribution Plan To reward regular employees for their continued City service, the City has established a Health Reimbursement-defined Contribution Plan. The purpose of the plan is to provide eligible employees, as defined in subparagraph (a), and qualifying family members, as def ined in subparagraph (b), with a health reimbursement fund that they may use for eligible health care related expenses, as defined under section 213(d) of the Internal Revenue Code, during retirement. The City will contribute to each eligible employee’s account based on the contribution table provided in subparagraph (c). Upon eligibility, employees are immediately fully vested in such contributions and are eligible to access funds upon service retirement or following separation from the City for another reason, subject to plan rules and regulations. During City employment, the City will pay account plan administration fee s. Employees will be responsible for their own administration fees upon separation from City employment. a. Eligibility Requirement
Regular full -time and regular part -time employees are eligible to receive benefits under this section upon completion of five (5) consecutive years of City service. Time served as a temporary employee, intern, whether paid or unpaid, limited term appointment employee, or volunteer does not count towards the five (5) year service requirement. Time served in probation status for a regular full -time or regular part -time position does count towards the five (5) years service requirement.

If an employee separates from City employment and is subsequently rehired, prior duration of City employment will not count towards the calculation of the total number of years of service for the purpose of eligibility or the purpose of determining the amo unt of monthly contribution to the employee’s account. For example, if an employee separates from City service after 4 years of continuous service, but is rehired following three months of separation, the employee must serve an additional 5 consecutive years from the rehire date to become eligible under this section 3.4.4 and upon eligibility, the employee will receive contribution at level “A” as provided in subparagraph (c) below.
b. Qualifying Family Members
For the purpose of this section 3.4.4, “qualifying family members” means any individual the employee claims as a dependent on their filed tax return for the relevant calendar year. c. Contribution Schedule
The City will make contributions under this section 3.4.4 according to the following schedule:

Contribution
Level
Months of Continuous
Service
Monthly Contribution
for Full-time
Employees
Monthly Contribution for
Part-time Employees
A 60 months - 119 months $100.00 $50.00
B 120 months - 179 months $125.00 $62.50
C 180 months - 239 months $150.00 $75.00
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48 D 240 months – 299 months $175.00 $87.50
E 300 months - until
separation
$200.00 $100.00

SECTION 3.5 TEMPORARY PART-TIME EMPLOYEES
Employees of the City designated as temporary part-time (regularly less than 20 hours per week and no more than 1000 hours in a fiscal year) are non -benefitted and shall be compensated on an hourly basis as specified by the position classification in which they are assigned. Temporary Part-time employees are not eligible for participation in any benefit program established by the City, except as required by State or Federal law or as otherwise expressly provide for in this Manual.
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49 CHAPTER 4 - LEAVE OF ABSENCE
SECTION 4.1 GENERAL INFORMATION
Generally, but not always, leaves of absences are unpaid. Employees have certain rights to substitute accrued paid leave for unpaid leave.

The City will continue to pay the City-sponsored premium portion of the employee health/medical benefits as required by law.

For more detailed information regarding the types of leave, eligibility for leave, payment for leave, and the length of leave normally authorized, see the individual descriptions of each type of leave that follows.

SECTION 4.2 VACATION
All full-time employees accrue vacation time as defined below. All regular part -time employees will accrue vacation hours at one- half (1/2) the rates below. Temporary part—time employees do not accrue vacation.

4.2.1 Amount of Vacation
a. Fifty-nine (59) or fewer months of continuous service : Each employee working in continuous service of fifty-nine (59) or fewer months shall earn 80 hours of paid vacation per year.

Vacation shall be earned on a prorated basis for time worked, and employees earn vacation leave accruals on per pay-period basis.
b. Sixty (60) to one hundred twenty (120) months of continuous service : Each employee working in continuous service for sixty (60) to one hundred nineteen (119) months shall earn 120 hours of paid vacation per year. Vacation shall be earned on a prorated basis for time worked, and employees earn vacation leave accruals on per pay -period basis. Additionally, an employee shall receive a one -time credit of fort y (40) hours of vacation to their vacation leave accrual balance on the pay -period immediately following the start of their sixtieth month of continuous service.
c. One hundred twenty (120) or more months of continuous service: Each employee working in continuous service for one hundred twenty (120) months or more shall earn 160 hours of paid vacation per year. Vacation shall be earned on a prorated basis for time worked, and employees earn vacation leave accruals on per pay-period basis. Additionally, an employee shall receive a one-time credit of forty (40) hours of vacation to their vacation leave accrual balance on the pay -period immediately following the start of their one hundred twentieth (120) month of continuous service.

To attract and retain experienced at -will management employees and reflect their accruals for other comparable years of experience in a managerial at -will position, the City Manager may authorize an experienced at-will management employee to accrue paid vacation at a higher rate than what applies to other newly-hired employees at the time the at-will management employee is hired or at the time of their performance evaluation via a Personnel Action Form (PAF). However, the rate of accrual for newly - hired at -will management employees shall not exceed what is provided to employees with one hundred twenty (120) or more months of continuous service. 606
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50 4.2.2 Use of Vacation
a. Employees shall be eligible to use vacation as it is accrued. Employees are not eligible to advance vacation time to use vacation leave before it is accrued. b. Employees shall request use of vacation at least fourteen (14) days in advance .

Requests that are less than fourteen (14) days in advance will only be considered on a case-by- case basis, and in emergency situations.
c. All requests for use of vacation must be approved by the employee’s supervisor and the relevant Department Head.
d. Upon termination of employment, employees shall be compensated for accrued unused vacation at their then current pay rate.
e. The City will not allow for accrual of vacation time in excess of 300 hours. Any and all time accrued beyond that will be paid out at the regular rate of pay. The City Manager reserves the right to allow overages in special circumstances.

4.2.3 Vacation Sell-Back
a. Employees who have been employed with the City of Eastvale for a minimum of one (1) year and have used a minimum of forty (40) hours of vacation or exempt employee leave during the pertinent calendar year, may elect to sell -back accrued, but unused, vacation hours.

An employee may request to sell-back a minimum of ten (10) hours, up to a maximum of forty (40) hours, not more than two (2) times in a calendar year. An employee may not sell-back more than eighty (80) accrued unused vacation hours in any calendar year. To sell vacation hours, an employee must have a minimum remaining balance of forty (40) hours of vacation leave accrual after the sale of said vacation hours. The employee will be compensated for such vacation sell- back hours at the salary rate in effect for that employee at the time the hours are paid. b. Vacation accruals for which the employee receives compensation will be deducted from the employee’s accumulated total.
c. Any employee who has been given a disciplinary reduction in pay, disciplinary demotion, or suspension, shall be excluded from the use of this provision for sixty (60) calendar days from the date of the implementation of the disciplinary action. d. An employee desiring to sell back vacation hours under this section, must make a written request to the City Manager for approval. All vacation sell back requests will be processed in the payroll cycle following the date the request was approved whenever p ossible, or the following payroll cycle.
e. The City Manager reserves discretion to inactivate this provision based on the City’s financial ability to pay.
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Policies and Procedures
51 SECTION 4.3 SICK LEAVE

4.3.1 Sick Leave Accruals
a. All full-time employees will accrue paid sick leave at the rate of 90 hours for each 12 months of the employee's active service. Full time employees are credited 3.46 hours towards their sick leave per pay period. Any such leave accrued but unused in any year shall be accumulated for the employee to use in succeeding years up to a maximum accumulation of five (5) years or 450 hours. An employee who reaches the maximum accumulation shall cease accruing sick leave until his/her balance is under the maximum accumulation. Upon termination for any cause other than retirement, sick leave time is forfeited. If an employee retires from City service, sick time may be converted to years of service as regulated by the California Public Employees’ Retirement System (CalPERS). If sick time is not converted to years of service, it is forfeited.
b. All regular and probationary part-time employees will accrue paid sick leave at the rate of 45 hours for each 12 months of the employee’s active service. Regular and probationary part-time employees are credited 1.73 hours towards their sick leave per pay period. Any such leave accrued but unused in any year shall be accumulated for the employee to use in succeeding years up to a maximum accumulation of five (5) years or 225 hours. An employee who reaches the maximum accumulation shall cease accruing sick leave until his/her balance is under the maximum accumulation. Upon termination for any cause other than retirement, sick leave time is forfeited. However, if the City rehires an employee within twelve (12) months of termination, the employee shall receive a credit for accrued unused sick leave that the employee had at termination. If an employee retires from City service, sick time may be converted to years of service as regulated by the California Public Employees’ Retirement System (CalPERS). If sick time is not converted to years of service, it is forfeited. c. All temporary part-time employees who work 30 or more days within a year shall receive 40 hours of sick leave in their sick leave bank immediately upon commencement of employment. Employees who qualify for sick leave under this subsection are entitled to use accrued sick days beginning on the 90th day of employment. Unused sick leave at the end of the calendar year may not be carried forward and sick leave may not be cashed out. Thereafter, at the beginning of each subsequent calendar year, the employee shall begin the year with 40 hours of leave time in their sick leave bank. Temporary part-time employees who promote into a regular full-time or part-time position will retain their unused sick leave.

4.3.2 Sick Leave Usage
The following are permitted uses of sick leave:
a. Diagnosis, care, or treatment of an existing health condition of an employee or a member of the employee’s Immediate Family. For the purposes of this section, Immediate Family member means any of the following , as further defined in Labor Code section 245.5 : A child, a parent, a spouse, a registered domestic partner, a grandparent, a grandchild, a sibling, or a designated person.
b. Preventative care for an employee or an employee’s Immediate Family member. 608
City of Eastvale Personnel
Policies and Procedures
52 c. For employees who are victims of a qualifying act of violence, as that term is defined under Government Code section 12945.8, leave taken for the purposes described in Government Code section 12945.8.

Sick leave may be used upon an employee's oral or written request. If the need for paid sick leave is foreseeable, an employee must provide “reasonable” advance notice. If not, the employee must provide notice to their supervisor “as soon as practicable” o r within one -half (1/2) hour of the beginning of their work shift of each sick day, or prior to leaving the worksite when becoming ill during the work shift. Failure to provide notice in accordance with this policy may be cause for disciplinary action. Eligibility of sick leave usage shall commence when accrued. Observed holidays occurring during sick leave shall not be counted as days of sick leave.

Vacation leave may not be used in lieu of paid sick leave unless employee’s sick leave accrual has been exhausted, and the employee receives approval from their supervisor. .

4.3.3 Annual Sick Leave Buy-Back
Employees may receive compensation for unused sick leave, per calendar year as follows:

a. Full-time employees and regular part time employees may be eligible to sell back accrued sick leave provided that they, following any sale of such hours to the City, maintain a minimum of forty-eight (48) hours of accrued unused sick leave. b. A full time or regular part time employee desiring to sell back accrued sick leave to the City must make a written request to the City Manager for approval during the first two weeks of January each calendar year.
c. Compensation for unused accumulated sick leave, processed under this section, will only be paid the second pay period in February of each year at the employee’s current rate of pay, based on a buy -back rate of 50% for each hour that the City buys back. ( e.g., 40 hours of sick leave sold back to the City will be cashed out at 20 hours.) d. The City Manager reserves discretion to inactivate this provision based on the City’s financial ability to pay.
e. Employees are not eligible to sell -back accrued unused sick leave under this section upon termination of employment, which includes disciplinary termination, resignation, retirement, layoff, “at-will” or probationary separation.

SECTION 4.4 FAMILY CARE AND MEDICAL LEAVE; PREGNANCY DISABILITY LEAVE;

MILITARY FAMILY LEAVE
The City provides employees with family care and medical leave, pregnancy disability leave, and military family leave. Information about these leaves is set forth in a separate administrative policy.

SECTION 4.5 CIVIL AIR PATROL LEAVE
The City will provide employees with leave as required by the Civil Air Patrol Employment Protection Act. Employees who are also volunteer members of the Civil Air Patrol are annually entitled to up to 10 days of leave for Civil Air Patrol duty to respond to an emergency operation mission. The employee must have been a City employee for at least 90 days before the beginning 609
City of Eastvale Personnel
Policies and Procedures
53 of leave. Generally, leave for a single emergency cannot exceed 3 days. Leave is unpaid.

Employees may use available vacation leave , compensatory time off, exempt employee leave, and floating holidays to receive compensation during this leave . The employee must provide written certification of the need for leave from the proper Civil Air Patrol.

SECTION 4.6 CRIME VICTIMS’ LEAVE
Employees are allowed time off from work to attend judicial proceedings related to a violent felony, serious felony, or felony theft or felony embezzlement (as defined in Labor Code 230.2), if the employee, an immediate family member (which includes spouse , child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather) of the employee, registered domestic partner of the employee, or the child of a registered domestic partner is a crime victim. The employee can use available sick leave, compensatory time off, floating holiday, exempt employee leave, or vacation leave for crime victims’ leave.

SECTION 4.7 VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT Employees who are the victims of domestic violence or sexual assault can take time off, as required by law, to obtain relief, such as a temporary restraining order, a restraining order, or other court-ordered relief, to help ensure the safety of the victim or the victim’s child. Employees can use available vacation leave, sick leave, floating holiday, exempt employee leave, or compensatory time off for this type of leave.

Unless not feasible, employees are expected to provide reasonable advanced notice of the need for leave and to supply documentation supporting the leave request.

SECTION 4.8 MILITARY LEAVE
Military Leave will be provided in accordance with state and federal law. All employees must notify their department head as soon as practicable of their need for military leave. When possible, the employee must also present a copy of their military orders prior to taking military leave. The department head must immediately notify the Human Resources and Risk Management Director about the employee’s need for military leave.

SECTION 4.9 ORGAN AND BONE MARROW DONATION LEAVE
Employees who are donating an organ are entitled to up to 30 business days of paid leave in a one (1) -year period. Employees who are donating bone marrow are entitled to five (5) business days of paid leave in a one (1) -year period. Group health insurance is maintained during the leave period.

For leave under this section, a year is measured as 12 consecutive months from the date leave begins. These leaves do not run concurrently with CFRA leave. Eligible employees are those employees who have been employed by the City for least a 90-day period before the leave begins.

Employees who take bone marrow donation leave must take up to five (5) days of accrued sick leave or vacation time. Employees who take organ donor leave may take up to two (2) weeks of accrued sick leave or vacation time. Prior to taking a leave under this section, an employee shall provide a written verification to the City that the employee is an organ or bone marrow donor and that there is a medical necessity for the leave.
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54 SECTION 4.10 SCHOOL ACTIVITIES/SCHOOL APPEARANCE LEAVE The City will grant a leave of absence to an employee who is the parent, guardian, or grandparent of a child, in accordance with the following provisions. a. Permissible Purposes:
(i) To participate in the activities of the child’s primary or secondary school or licensed childcare provider;
(ii) To find, or to enroll, or reenroll the child in, a primary or secondary school or licensed childcare provider.
(iii) To address an emergency, such as:
(A) A request from childcare provider or school that the child be picked up.
(B) A provision in the attendance policy for the childcare provider or school, other than a planned holiday, that prohibits the child from attending. (C) Closure or unexpected unavailability of the childcare provider or school, other than during planned holidays.
(D) A natural disaster, including, but not limited to, fire, earthquake, or flood.
(iv) To appear at the school of a suspended child pursuant to a request made by the child’s school under California Education Code section 48900.1. b. An employee may take up to 40 hours of leave per calendar year, but no more than eight hours in one calendar month. However, no limit shall be placed on the amount of leave taken under Section 4.10(a)(iv). If more than one City employee requests leave in connection with the same child, only the first employee to provide notice is entitled to receive leave. The second employee may also be permitted to take a simultaneous leave of absence if the sec ond employee obtains written supervisory approval. The amount of leave available is fixed at a maximum of 40 hours per calendar year, regardless of the number of children, grandchildren, or wards that an employee may have.
c. An employee must provide reasonable advance notice of the need for leave and must make all reasonable efforts to schedule the leave so as not to unduly disrupt the operations of the City. If an emergency makes such notice impossible, the employee shall no tify the employee’s Department Head as soon as possible. Employees returning from leave are required to provide written verification from the school or childcare provider of the employee’s need for leave at the specific time and date. If an employee fails to provide sufficient verification, the City may determine that the leave time was unauthorized.
d. Leave under this section is unpaid. However, an employee may choose to use any accrued vacation time when taking leave under this section. 611
City of Eastvale Personnel
Policies and Procedures
55 SECTION 4.11 VOLUNTEER FIREFIGHTERS, RESERVE PEACE OFFICERS, AND