8. Accidents Involving Vehicles and Equipment
Accidents involving City vehicles and equipment shall be reported as follows:
a. Accidents shall be reported to the appropriate law enforcement agency, if necessary, to Human Resources/Risk Management and to the department supervisor immediately.
51 b. Employees shall complete the City’s Incident, Accident, and Injury Form and submit it to the supervisor.
c. The supervisor, upon receipt of the employee’s accident report, shall review the report, investigate the facts, and complete the Supervisor’s Accident Investigation Form, and submit a recommendation along with the completed employee’s Incident, Accident, a nd Injury Form to Human Resources/Risk Management within twenty-four (24) hours.
d. Any damage resulting to vehicles and equipment, other than an accident, shall be reported to the department supervisor immediately and shall be subject to the same procedure as accidents.
e. Damage to City vehicles and equipment due to negligence, unsafe driving or operation, or damage due to willful misconduct by an employee may be cause for disciplinary action up to, and including, termination.
9. Use of Vehicles and Equipment
Employees may be assigned vehicles and/or equipment for use during standard business hours to conduct official City business.
Employees may need to utilize vehicles to attend official functions inside and outside of the city limits. Employees shall not use City vehicles and equipment outside the City without prior authorization from the Department Director.
Vehicles and equipment may be used after hours to conduct official City business. After hours employees may use City vehicles as transportation from their residence to the assigned work site and back to the residence.
10. Use of Private Vehicles
Private vehicles shall not be used for work -related activities without the permission of the Department Director or designee.
11. Personal Use of Vehicles and Equipment
City vehicles and equipment shall only be used for work-related purposes and shall not be used for personal errands or transport. Exceptions may be made by the City Manager or through an approved and fully executed Memorandum of Understanding.
City vehicles and equipment may be authorized for take-home use in accordance with the following criteria:
a. The authorization for the take-home use of City vehicles and equipment shall be based on operational need.
52 b. The City Manager shall authorize all take home use of City vehicles and equipment not otherwise permitted by an approved and fully executed Memorandum of Understanding.
c. Safety personnel and other employees responding to emergencies may be provided with City vehicles that have specific equipment. Such take home assignments are regarded as a requirement of the job and shall be identified by the Department Director and City Manager.
d. The City Manager may discontinue the use of a take home vehicle assignment upon finding that the position and responsibility of the position no longer requires such usage, or that such usage is not in the best interest of the City, including that the employee is not complying with the requirements of this policy. e. An employee who is authorized to take home a City vehicle and/or equipment shall make reasonable efforts to protect the vehicle and/or equipment against loss and/or damage. This may include the removal of portable equipment from the interior of the vehicle.
f. Employees must account to the City for the authorized personal use of City vehicles. The usage must be substantiated (for example, mileage), the time and place of the travel, and the purpose of the travel. Written records made at the time of each use are the best evidence. All personal use of a City-provided vehicle will be included in employee wages per Internal Revenue Code Sections 123 and 611. This paragraph is not applicable to sworn safety units.
12. Regular Take Home Authorization and Assignment
Regular or permanent take-home authorization of City vehicles and equipment, not otherwise permitted by an approved and fully executed Memorandum of Understanding, shall be approved by the City Manager and based on the following criteria:
a. The employee resides within forty (40) miles of the Redlands City Limits.
Employees currently assigned a take home vehicle will be grandfathered at the time of adoption of these rules and regulations.
b. The employee is regularly and frequently subject to call for emergency response, has specific expertise and must respond with a specially equipped vehicle. c. The employee provides regular and frequent off duty supervision where no subordinate has been designated to act.
d. An employee who, on an average of fifty (50%) of the standard work week, is required to begin or end daily work activities at sites other than the permanent work station.
e. There is a specialized assignment, approved by the City Manager and Department Director, requiring the use of City vehicles and/or equipment. f. Employees may not use City-provided vehicles for personal purposes, other than commuting or de minimis personal use. Employees shall be responsible for use of the vehicle in compliance with City and department policies and procedures. 53 g. Employees must account to the City for the regular take home of City vehicles.
The usage must be substantiated (for example, mileage), the time and place of the travel, and the purpose of the travel. Written records made at the time of each use are the best evidence. All personal use of a City-provided vehicle will be included in employee wages per Internal Revenue Code Sections 123 and 611.
This paragraph not applicable to sworn safety units.
13. Temporary Take Home Authorization and Assignment
Temporary take home authorization of City vehicles and equipment shall be approved by the Department Director in accordance with the following criteria:
a. The temporary assignment of City vehicles and equipment for take home use shall not exceed thirty (30) days.
b. The employee resides within forty (40) miles of the City Limits of Redlands. c. The employee is assigned to “Stand By” or “On Call” status, as defined in respective Memoranda of Understanding, for emergency response, has specific expertise and must respond with a specially equipped vehicle. d. There is a temporary or specialized assignment, approved by the Department Director, requiring the use of City vehicles and/or equipment.
14. Miscellaneous
This policy does not preclude departments from implementing additional, department -specific policies and procedures related to the use of City vehicles and equipment.
The use of tobacco products, in all forms, is prohibited in City vehicles and equipment.
Any violation of this policy is subject to disciplinary action, up to and including termination.
N. TRAVEL AND EXPENSE REIMBURSEMENT POLICY
1. Overview
It is the policy of the City of Redlands to reimburse staff for reasonable and necessary expenses incurred in connection with approved travel on behalf of the City. The City strongly encourages employees to book travel in advance and to utilize travel dis counts when making travel arrangements.
Employees seeking reimbursement should incur the lowest reasonable travel expenses and exercise care to avoid impropriety or the appearance of impropriety. Reimbursement is allowed only when reimbursement has not been, or will not be, received from other sources. If a circumstance arises that is not specifically covered in this travel policy, then the most conservative course of action should be taken.
Travel Includes:
54 • Attendance at workshops, seminars, conventions, conferences, or other meetings of interest to the City and/or authorized travel for any purpose in connection with official City responsibilities.
Approval:
• All travel must be approved in advance by the employee’s Department Director or their designee. This process must be documented by completing a Training/Travel Request Form if the cost of training/travel is estimated to exceed $500. • When the Employee is a Department Director, City Attorney, City Clerk, or City Treasurer, the travel must be approved by the City Manager or their designee. City Manager or Council Member travel must be approved by a member of the City Council.
• All out of country travel by City employees, including Department Directors, appointed, and elected officials, requires the approval of the City Council in an open meeting.
2. Compensation While Traveling
Non-exempt employees shall be paid their hourly rate as hours worked while they are traveling (whether by automobile, airplane, train, etc.) for City -approved, job-related purposes. Non - exempt employees will be paid their hourly rate for actual hours spent in training and for travel time. When a non-exempt employee is not required to report to their regular employment site on a day he/she attends City-approved training, paid travel time shall be calculated as the lesser of the time spent travelling from the non-exempt employee’s residence to the training site and back or the time spent traveling from their regular employment site to the training site and back. If the non-exempt employee is required to report to their regular employment site on a day he/she attends City-approved training, paid travel time shall be calculated as the time spent traveling from their regular employment site to the training site and back, regardless of where the non-exempt employee resides.
3. Authorization and Responsibility
Employee travel must be authorized, and employees should verify that their travel is eligible for reimbursement before making travel arrangements. Employees should utilize the Training and Travel Request Form.
Within sixty (60) calendar days of travel completion, employees must submit an Expense Reimbursement Claim Form with original receipts and supporting documentation.
The Expense Reimbursement Claim Form must be signed by the Department Director or designated authority. Designated approval authorities are required to review expenditures and withhold reimbursement if there is a reason to believe that the expenditures are inappropriate or extravagant.
55 Employees should review this policy before spending personal funds for City travel to determine if such expenses are reimbursable. The City reserves the right to deny reimbursement of travel- related expenses for failure to comply with this policy.
4. Vacation in conjunction with business travel
In cases where an employee is utilizing vacation time in conjunction with City -related travel, any cost variance in airfare, car rental or lodging must be clearly identified on the Expense Reimbursement Claim Form. The City will not prepay any personal expenses with the intention of being “repaid” at a later time, nor will any personal expenses be reimbursed; only expenses incurred during the dates of City-related travel will be reimbursed.
5. Permissible prepaid travel expenses
Before leaving on travel, the City may issue prepayments for the following expenses:
• airfare
• rail transportation
• conference registration fees
Employee may also request advance per diem allowance to cover meals and incidental expenses during travel as defined in Section H. The request must be submitted to Finance for processing no earlier than four (4) weeks prior to departure date.
If the employee has received a prepayment and is unable to attend the event, they are required to request a refund of all prepaid expenses. The Department Director or designated authority are responsible for ensuring that employees request refunds for all prepaid expenses. The City reserves the right to request reimbursement from employees for all non -refundable prepaid expenses. Employees have a minimum of thirty (30) calendar days to reimburse the City for any non-refundable prepaid expenses.
If the employee has received an advance per diem allowance but is unable to attend or complete the event, he/she should refund the City for the unused portion of the per diem allowance within thirty (30) days after the event date or his/her return. The Dep artment Director or designated authority are responsible for informing Finance Department in writing of the impending refund and the amount owed to the City. Failure of the City employee to refund the unused portion within thirty (30) days after the event date or his/her return will cause the City to recover the amount via payroll deduction on the employee’s next paycheck.
If a City employee who received a prepayment attends the event or completes the required travel for work and there is any unused portion of the prepayment remaining, the employee will refund to the City the unused portion within thirty (30) days after the event date or his/her 56 return. Failure to do so will cause the City to recover the amount via payroll deduction on the employee’s next paycheck.
Permissible prepaid travel expenses must be reconciled within 30 days upon the conclusion of the event or the employee’s return, whichever is sooner.
6. Reimbursable Expenses
Reimbursement requests for travel expenses are submitted on an Expense Reimbursement Claim form signed by the designated approval authority and accompanied by the following (if applicable):
• Approved Training and Travel Request Form;
• Itemized expense receipts;
• Internet map showing route and miles traveled;
• Event brochure or flyer;
• GSA Meals & Incidentals Breakdown for destination; and • Listing of prepaid travel expenses
All original itemized receipts must be attached, with the exception of per diem allowances, as well as a copy of the event schedule (if applicable). If a City employee has lost a receipt or unable to obtain an itemized receipt for a travel -related expense , a memo signed by their department head is required. These forms must be submitted to the Finance Division within sixty (60) calendar days after the travel is completed. Forms not submitted within this time frame require exception approval from the Management Service Director or City Manager or their designee.
Reimbursement of travel expenses is based on documentation of reasonable and actual expenses supported by the original, itemized receipts. The City will reimburse travel expenses for the most efficient and economical mode of transportation. Reimbursements that may be paid by the City are shown below.
Airfare. An original itemized airline receipt, an e -ticket receipt/statement or an Internet receipt/statement is required. The receipt must show the method of payment and indicate that payment was made.
Employees are expected to obtain the lowest available airfare that reasonably meets business travel needs. Airfare should be booked for economy/coach class only; Business or First class is not reimbursable. Upgrades are not reimbursable. Employees are en couraged to book flights at least 30 days in advance to avoid premium pricing. If the airline charges additional charges for checked luggage, only the cost of the first checked bag will be reimbursed.
Rail transportation. The City will pay for rail transportation provided that the cost does not exceed the cost of the least expensive airfare.
57 An original itemized receipt, original e -ticket receipt/statement or Internet receipt/statement is required. The receipt must show the method of payment and indicate that payment was made.
Mileage. Reimbursement for use of a personal automobile is based on the current reimbursement rate determined by the Internal Revenue Service. Mileage reimbursement is granted only when employees are required to use their personal vehicle in connection with their assignment and in the performance of their duties. An Expense Reimbursement Claim Form must be submitted to the Finance Department to receive mileage reimbursement.
Attached should be a copy of an internet map showing the route and mileage traveled.
Reimbursable mileage will be based on the estimated most direct or fastest google map route and shall be calculated from the primary worksite of the employee to the various destinations and return to the primary worksite. In the event an employee does not visit the regular place of work on their scheduled workday, mileage shall be reimbursed for any miles that exceed the employee’s normal commute. Employee must then submit an internet map showing route and miles from home to work, point of origin to point of destination, and return trip to point of origin.
A valid driver’s license issued within the United States and personal automobile insurance are required for expenses to be reimbursed. Drivers should be aware of the extent of coverage (if any) provided by his or her automobile insurance company for travel that is business or not personal in nature.
Automobile Rental. Reimbursement for a commercial rental vehicle as a primary mode of transportation is authorized only if the rental vehicle is more economical than any other type of public transportation, or if the destination is not otherwise accessible.
The City authorizes reimbursement for the most economic vehicles available (economy or midsize). The itemized rental agreement must clearly show the date and the points of departure/arrival, as well as the total cost. Drivers must adhere to the rental requirements, and restrictions must be followed. Original receipts are required.
When vehicle rentals are necessary, the City encourages Employees to purchase collision damage waiver (CDW) and loss damage waiver (LDW) coverage. The City will reimburse the cost of CDW and LDW coverage; all other insurance reimbursements will be denied.
Drivers should be aware of the extent of a coverage (if any) provided by his or her automobile insurance company for travel that is business or not personal in nature.
Employees are strongly encouraged to fill the gas tank before returning the vehicle to the rental agency to avoid service fees and more expensive fuel rates. 58 Conference registration fees. The City will reimburse these fees, including business -related banquets or meals that are part of the conference registration. Original receipts to support the payment are required. If the conference does not provide a receipt, then a brochure along with a cancelled check, credit card slip/statement or documentation that the amount was paid is required for reimbursement.
A prorated amount for the meals provided must be deducted from the Employee’s per diem.
See Meals (per diem) for more detail. Entertainment activities such as golf outings and sightseeing tours will not be reimbursed.
Lodging. The cost of overnight lodging (room rate and tax only) will be reimbursed to the employee if the authorized travel is 50 miles or more from the employee’s home or primary worksite. Exceptions to this restriction may be approved in writing by the Department Director, City Manager, or his/he designee.
The City will reimburse lodging expenses at reasonable, single occupancy or standard business room rates. Only single room rates are authorized for payment or reimbursement unless the second party represents the agency in an authorized capacity. If the lodging receipt shows more than a single occupancy, the single room rate must be noted. If reimbursement for more than the single room rate is requested, the name of the second person must be included. The lodging receipt must be itemized listing all expenses.
Meals and Incidentals (Per Diem). Per Diem reimbursement will be issued for meals and incidentals for travel that is fifty (50) miles or more from the employee’s primary worksite. For one day travel in excess of fifty (50) miles, seventy-five (75%) of the applicable GSA daily per diem rate will be provided.
The City’s per diem rates are based on the U.S. General Services Administration Guidelines, which vary by location. The rates are listed online at www.gsa.gov. In addition to meals these rates include incidental expenses such as service tips (e.g., housekeeping or porter tips).
Incidental expenses, unless specifically cited in this policy, will not be reimbursed.
The maximum reimbursable gratuit y for meals is twenty percent ( 20%) of allowable meal expenses and taxes. For the first and last days of travel, seventy-five percent ( 75%) of the applicable GSA daily per diem rates will apply. This will also apply to all multi -day travels not requiring an overnight stay. If meal is provided on the first and/or last day of travel, the City will deduct the entire allocated meal cost from the decreased per diem rate in accordance with the GSA requirement and Code of Federal Regulations (CFR) 41.301-11.18.
Receipts are not required for per diem allowances.
Business Meals and Expenses. Employees are allowed reimbursement for meals and various business expenses when the opportunity to discuss the City’s concern with state and federal 59 officials, participating in regional, state and national organizations whose activities affect the City, or promoting public service and morale by recognizing such service. Business expense reimbursements must be an authorized expense in benefit of the City.
Parking and Tolls. Original receipts are required for parking fees and tolls (including airport parking). The lodging bill can be used as a receipt when charges are included as part of the overnight stay.
If, in lieu of parking at the airport, the City employee obtains a ride to and from the airport, the cost of the mileage for both round trips will be covered up to what the cost would have been for one round-trip plus the cost of long-term parking for the required travel period.
Miscellaneous transportation. Original itemized receipts are required for taxi, bus, subway, metro, ferry, rideshare, and other modes of transportation.
Visa, passport fees and immunizations. If these items are required for international travel, their reimbursement is left to the discretion of the Department Director. If approved by the designated authority, original itemized receipts are required.
7. Non-reimbursable Travel Expenses
The following items that may be associated with business travel will not be reimbursed by the City:
• Airline club memberships;
• Airline upgrades and excess baggage;
• Alcohol;
• Business or First Class airfare;
• Childcare, babysitting, house-sitting, or pet-sitting/kennel charges; • Commuting between home and the primary work location; • Costs incurred by employee’s failure to cancel travel or hotel reservations in a timely fashion;
• Evening or formal wear expenses;
• General use clothing;
• Haircuts and personal grooming;
• Laundry and dry cleaning;
• Lost luggage and personal items;
• Passports, vaccinations and visas when not required as a specific and necessary condition of the travel assignment;
• Personal entertainment expenses, including in-flight movies, headsets, health club facilities, hotel pay-per-view movies, in-theater movies, social activities and related incidental costs; • Repairs to personal vehicles;
• Travel accident insurance premiums or purchase of additional travel insurance; • Valet parking, unless the hotel or venue prohibits guests from parking their own vehicles; • Traffic and/or parking violation fines; or
• Other expenses not directly related to City related travel. 60 8.Travel for Non-Employees
Additional costs for travel, lodging, meals or other travel expenses for spouses or other family members will not be reimbursed.
O. CREDIT CARD POLICY
The City of Redlands uses a variety of methods for the purchase of goods and services, including petty cash, purchase orders, and disbursement vouchers, along with credit cards, which are overseen by either the City Manager’s Office or purchasing depending on the type of card . Processing purchase orders is not cost effective for low dollar value goods. Occasionally suppliers will not accept a purchase order which makes the use of a credit card more efficient. In addition, credit cards will allow Cardholders to take advantage of short-term sale discounts and to make purchases and/or reservations by phone and the internet. The purpose of this policy is to identify which employees would be eligible to be Cardhold ers to make these types of pu rchases for the City, as well as the proper use and documentation required when the City-issued credit cards and gas cards are used for City business.
A City of Redlands credit card will only be issued to specifically identified employees who, because of their job duties, have been approved to be Cardholders by their Department Directors. Only those employees who make specific purchases allowable under this policy for their Department will be issued credit cards. The City credit card program is overseen by the City Manager’s office and purchasing, and allows oversight of such purchases by Department Directors and reconciliation by the Finance Division.
Verification of all purchases is required by each Cardholder, with signature approval performed by the Cardholder's Supervisor and/or Department Director. All credit card purchases are reviewed monthly by the applicable Department Director and the Management Services Department's Finance Division.
1. Roles and responsibilities
City Manager’s office
• Authorizes and issues new credit cards to approved city employees. • Arranges credit or transaction-level limits for individual cards. • Serves as liaison between department contacts and issuing bank.
Purchasing
• Oversee the issuance and use of store cards
• Serves as liaison between department contacts and approves stores Department Directors/Authorized Cardholder
• Ensures City issued credit card is used only for its intended purpose after obtaining proper authorization.
• Retains receipts and provides explanation for all City Credit card transactions. ▪ Maintains card in secure location and limits the use to employees who require a card for City business.
• Authorizes and submits receipts and itemized monthly reconciliation to finance by specified due date.
• Notifies the City Manager’s office of any fraudulent activity.
Management services/Finance Division
61 • Process payment for credit card invoices on a timely basis to avoid late payment charges.
• Distributes monthly credit card statements to department contacts for charge reconciliation and approval.
• Ensures that all credit card transactions are properly authorized with adequate receipt documentation and signatures.
2. Authorized Cards
a. Credit Cards/Store Cards
Redlands City Manager’s office and purchasingare designated as the City’s credit card coordinator s. They contract with a Card Issuer in connection with the City’s Purchasing Guidelines to acquire the credit cards for specifically identified employees. The Card Issuer will have no individual Cardholder information other than the Cardholder's work address. No credit records, social security numbers, etc., are maintained by Card Issuer, and will not have any impact on the Cardholder's personal credit. City-issued Credit Cards can only be used by the individual to whom it has been issued.
b. Gas Cards
Gas cards will be issued to authorized employees in the Facilities and Community Services and Police Departments . Depending on the vendor, these cards may be issued in the City's name or in the specific name of an employee. Use by anyone other than the authorized Cardholder is prohibited.
3. Card Eligibility
Under the guidance of the City Manager, Department Directors are responsible for identifying which employees should be issued a credit card or gas cards. The number of employees identified to receive cards should be minimized and should be strictly limited to those who are required as part of their job duties to make purchases for their department pursuant to this policy. Limited-service temporary employees cannot be assigned a credit card, but may be authorized to use a gas card by their Supervisors and De partment Director if necessitated by their job duties.
4. Card Issuance
Department Directors shall make a request to the City Manager’s office /purchasing for the issuance of credit cards for an authorized employee. The City Manager's office will request a credit card for the approved employee and will ensure the employee reads and signs the City of Redlands Cardholder Agreement prior to taking possession of the credit card.
Protection of credit cards. It is the authorized cardholder's responsibility to always safeguard the card and credit card number. If a cardholder suspects the loss, theft, or possibility of unauthorized use of the card, they should notify the appropriate card liaison as soon as possible . If a card is 62 reported as lost or stolen, the City Manager's office, or designee, will contact the card issuer and may cancel or replace the credit card.
5. Cancellation
An employee must return the assigned credit card to the City Manager's office /purchasing upon termination from employment, submitting their notice of separation from the City of Redlands, notice of transfer to another department, or loss of credit card privileges.
6. Card Usage
City credit cards can be used for purchases of supplies, services, materials, or equipment.
Cardholders must ensure that all purchases are budgeted and abide by the city purchasing guidelines.
Allowable purchases include:
• Supplies, services, materials, and goods up to the cardholder’s approved cycle credit limit for vendors that require payment prior to delivery of goods or services. • Gas, oil, and supplies for city vehicles.
• Restaurants/meals- the maximum gratuity for meals is 20% of the meal expense and taxes.
• Memberships for professional organizations that support a city employee’s assigned job duties. Receipts must also reflect the start and end date of membership. • Airline tickets, lodging, and vehicle rental for City personnel (City council, City Manager, other city employees) traveling on official City business for which they are not being reimbursed through the Travel and Expense Reimbursement Policy • Conference registrations fees
• Incidental computer replacement parts such as keyboards, mouse, power strips etc. • Annual fees/ subscriptions that are broken down into a monthly charge and there is no monthly invoice.
• Emergency purchases in accordance with the city’s purchasing guidelines
Prohibited Purchases:
The following types of purchases are prohibited by City policy:
• Personal purchases of any kind including those for the personal benefit of another individual
• Gift cards, without prior approval of a Department Director • Entertainment
• Cash advances
• Weapons and ammunition
• Alcoholic beverages
63 • Capital Equipment (any 1 item over $5,000 limit per city Policy) coded to 8000 object code series.
• Invoices for supplies, goods, and services from vendors that have been set up through accounts payable and may require 1099 at the end of the year. • Unauthorized computer equipment including all printers, cell phones, tablets, laptop computers, computer memory, external hard drives, or software of any kind that is licensed or requires installation by the IT department. Purchases of this nature, that have been previously approved by the IT Division, may be made by credit card but should be coordinated through that division ahead of time.
Misuse of card. Under no circumstances is a cardholder permitted to use the city credit card for personal purchases. Personal purchases are defined as the purchase of goods or services intended for non -work-related use or for uses other than official City business. Cardholders that unintentionally violate this rule shall notify the finance di vision, complete the required documentation, and reimburse the City immediately.
Cardholders who consistently violate the prohibited purchases section of the credit card policy intentionally or unintentionally shall be subject to disciplinary action, up to and including losing credit card privileges and other appropriate measures.
6. Reconciliation
At the end of each credit card statement cycle, the Finance Division will forward the credit card statement and expense reconciliation form to all cardholders and their appointed staff.
Cardholders must provide to the Finance Division a reconciliation of their credit card charges, including all original receipts and signature approval by their Department Director. • Itemized receipts required -Every purchase must have a detailed itemized receipt. A credit card signature slip with only the amount charged is not considered sufficient documentation. Business meal receipts must also include the name(s) of the person(s) attending and the business objective.
• Sales tax -The city is obligated to pay sales tax on all eligible (tangible property) purchases.
Items purchased online using a credit card for which the city does not pay sales tax must be tracked and reported to the finance division on a quarterly basis. • Missing Receipt- In the event of a missing receipt, the cardholder must attempt to obtain a duplicate copy from the vendor. If a duplicate copy cannot be obtained, a memo with the director’s signature documenting the nature of the charge should be submitted in place of the missing receipt.
• Credits- If the cardholder returns merchandise a credit should be issued to the cardholder’s credit card and a credit receipt must be obtained. Under no circumstances should a cardholder receive cash or a credit voucher.
• Disputes-A cardholder should attempt to resolve a dispute or billing error directly with the vendor. If the vendor agrees to issue a credit, the cardholder must ensure that the credit for the reported disputed item(s) or billing error appears on the current or subs equent credit card statement cycle. Examples of transactions that should be disputed include:
64 • Unauthorized charges
• Differences between the amount authorized and the amount charged. • Duplicate charges
• Failure to receive goods.
• Returned goods that were not credited.
• Fraudulent Charges- If a cardholder determines possible fraudulent charges on their card, they must promptly notify the credit card coordinator . The authorized individuals will report the fraudulent incident(s) to the credit card issuer. The card may be canceled, and a new card and number may be issued to the cardholder.
P. RIDESHARE POLICY
The City of Redlands developed a rideshare program in an effort to reduce the number of vehicles used for employee commutes to and from work. Reducing vehicle trips and mileage positively effects our air quality and traffic congestion.
Rideshare includes carpool, vanpool, riding public transportation such as the bus or train, walking, cycling, and telecommuting. “Carpool” shall mean two or more City employees sharing a ride to and from a City facility. Rideshare shall also include commuting in a vehicle recognized by the State of California as being allowed access to high-occupancy vehicle (HOV) lanes. Employees utilizing this form of rideshare must provide proof of eligibility as requested by the Program Coordinator.
1. Provisions
• Participation in the City Rideshare Program is voluntary. • This program is an honor system program. Once a participation form has been verified and approved, the Program Coordinator shall rely on the employee and their supervisor to accurately report all rideshare days on the employee’s time sheet. The Program Coordinator shall monitor , and audit rideshare reporting to ensure accuracy and compliance with program rules.
• Enrollment shall be approved and processed by the Program Coordinator in order to receive rideshare benefits. All changes in participation shall be approved and updated by the Program Coordinator prior to recording and compensation on the time sheet. • Employees commuting in a City -provided and/or assigned vehicle are not eligible for rideshare incentives.
• Reporting rideshare days on a timesheet is no different from reporting any other type of regular work hours or utilization of leave balances. Any false information reported on a timesheet for rideshare hours shall be treated in the same manner as any othe r falsification reported on a time sheet.
• Failure to accurately record rideshare credit and use may result in the loss of rideshare privileges. In addition, intentional abuse of rideshare program rules and reporting requirements may result in disciplinary action up to and including, termination. • In order to be eligible for rideshare incentives, carpooling employees shall:
• Rideshare to and from work for the workday in which incentives are being claimed; 65 • Rideshare with another City employee;
• The final destination of the carpool vehicle shall be a City facility for the commute to work, and the final destination of the carpool vehicle for the commute from work shall be a designated “park and ride” site or the ridesharing employee’s home. An employee’s home may be designated as a rideshare site with approval by the Program Coordinator.
• The total number of miles traveled by the carpool vehicle shall not exceed the total number of miles that would have been traveled had the employees commuted separately.
2. Incentives
Employees will be eligible for incentives as determined by the City.
Employees who rideshare a designated number of times per quarter shall be eligible for quarterly and/or annual drawings for additional incentives.
3. Required Forms
All employees who wish to participate in this program and claim incentives shall complete the required forms with the Division of Human Resources.
Q. RECEIPT OF GIFTS
The City of Redlands recognizes that gifts or entertainment to employees may be viewed by the public as intending to influence judgment and could possibly cause an employee to be placed in a compromising situation. Therefore, it is the policy of the City t o prohibit acceptance of gifts by City employees. While common sense on the part of employees regarding the acceptance of gifts is the most realistic control, it is helpful to have some specific guidelines to follow which interpret the City’s policy. The guidelines listed below are supplemental and in addition to the requirements of the Political Reform Act.
1. Donation of Gifts
Gifts that are consumable or useable on the work premises should be returned to the donor in the spirit in which they were given with a thank you and explanation of why the employee cannot accept the gift as detailed in this policy. If it is not feasible t o personally return the gift at the time it is given, the recipient employee may accept the gift upon the condition that the gift shall be donated to a bonafide charitable organization by the employee. Examples of items which fall under this category inclu de plants, candy, baked goods and similar items. An employee who accepts a gift for subsequent donation must complete a gift receipt form within 15 working days. The form identifies the gift, its value, the date received, the donor, and the charitable orga nization to which the gift was donated by the employee. For gifts which are accepted on the condition that they will subsequently be donated to a charitable organization, the employee should keep one copy, and forward one copy, of the form to the City Mana ger’s Office for recording to ensure consistency for reporting purposes. 66 2. Return of Gifts
All alcoholic beverages and other gifts which are not consumable or useable on work premises shall not be accepted and shall be returned to the donor in the spirit in which they were given.
If the employee is given a prohibited gift, the employee should respectfully give the gift back with a thank you and an explanation of why the employee cannot accept the gift as detailed in this Policy. If it is not feasible to personally return the gift at the time it is given, the recipient employee shall send the gift back to the donor with a note explaining why it is being returned.
3. Exclusions
This Policy does not pertain to meals or events, although disclosure requirements under the Political Reform Act will still apply. Nor does this Policy prohibit an employee from accepting gifts that are consumable or useable on the work premises, as author ized by the City Manager or their designee, from the City or from another employee in recognition of exemplary service or performance of duties.
R. DRUG AND ALCHOHOL ABUSE
The City of Redlands, its employees and their representatives, and prospective employees have a vital interest in maintaining safe, health y, and efficient working conditions. Being under the influence of drugs or alcohol on the job may pose serious safety and health risk, not only to the user, but to co - workers and the public.
1. Definitions
a. Alcohol is defined as any alcoholic beverage or substance, including any medication or food containing alcohol such that it is present in the body at a level in excess of that stated in the guidelines by the Department of Transportation. b. Drugs or controlled substances are defined as any substance which impairs an employee’s ability to perform job duties, poses a threat to the safety of the employee or others and their property, or otherwise creates a risk of harm to the City.
c. Tetrahydrocannabinol (THC) is defined as the chemical compound in cannabis that can indicate impairment and cause psychoactive effects. d. Safety-Sensitive Employee is defined as an employee who holds a commercial driver’s license and who operates a commercial motor vehicle, on a full -time, part- time or intermittent basis.
e. Commercial Drivers’ License is defined as a Class A or Class B vehicle license. f. Reasonable Suspicion is defined as objective facts sufficient to lead a reasonably prudent manager or supervisor to suspect that an employee is under the influence of alcohol and/or drugs so that the employee’s ability to perform their job functions is impaired or so that the employee’s ability to perform their job safely is reduced. 67 g. Substance Abuse Professional is defined as a licensed physician, psychologist, social worker, employee assistance professional, or addiction counselor with knowledge of clinical experience in the diagnosis and treatment of alcohol and substance abuse. h. City Property – any facilities that are owned and/or operated by the City of Redlands.
2. Provisions
This policy applies to all City employees and prospective employees, hereinafter referred to collectively as “employees.” Where indicated, some of the policies apply only to safety -sensitive employees. Employees who violate this policy may be subject to disciplinary action, up to and including termination.
3. Prohibitions:
All employees are prohibited from:
a. Reporting to work, including standby or call-back time, or performing any job duties while their ability to perform job duties are impaired due to on or off -duty alcohol or drug use;
b. Possessing, manufacturing, or using alcohol or impairing drugs, including prescription drugs without a prescription, during working hours, on breaks, during meal periods or at any time while on City property;
c. Directly or through a third party selling, manufacturing, or providing drugs or alcohol to any person, including any employee, while either or both employees are on duty, or on City property;
d. Failing to notify their supervisor, before beginning work, when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of their duties or operation of City vehicles or equipment;
e. Failing to provide, within 24 hours of request, bona fide verification of a current valid prescription for any potentially impairing drug or medication identified when a drug screen/test is positive. The prescription must be in the employee’s name; f. Refusing to immediately submit to any aspect of an alcohol, drug, or controlled substance test required by this Policy, or any tampering, obstruction of or interference with testing procedures;
g. Consuming alcohol, drugs, or controlled substances during the eight hours immediately following an accident in which the employee was involved, or until the employee undergoes a post-accident alcohol or drug test, whichever comes first; h. Refusing to submit to a search of personal properties when directed by the City, upon reasonable suspicion and in accordance with the Public Safety Officers Procedural Bill of Rights, The Firefighters Bill of Rights and any other applicable laws. 68 i. Refusing to notify the City of any criminal drug statute conviction, in accordance with the Drug-Free Workplace Act of 1988, of a violation that occurred in the workplace no later than five days after such conviction;
j. Purchasing drugs, excluding prescription and over the counter, and/or alcoholic beverages while in a City uniform or while driving a City vehicle; and Employees shall report any violations of this policy by a City employee to a supervisor, Department Director or Division of Human Resources. Such reports shall be confidential with no reprisals.
4. Off Duty Cannabis Use
The Fair Employment and Housing Act (FEHA) AB 2188, and Section 12954 of the Government Code, makes it unlawful for an employer to adverse action against an individual in hiring, termination or any term or condition of employment, or otherwise penalize a person based on their recreational cannabis use outside of work, except for scientifically valid preemployment drug screening conducted through methods that do not screen for non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids.
AB2188 notes that THC, the chemical compound most commonly associated with cannabis’ psychoactive and intoxicating effects, remains stored in the body as a non -psychoactive cannabis metabolite well after a period of impairment. CBD (cannabidiol) products are non-intoxicating and are considered non-psychoactive cannabis metabolites.
Although the regulations prohibit employment decisions based upon the presence of non - psychoactive cannabis metabolites in a drug screen, it does not prohibit an employer from discriminating in hiring, or any term or condition of employment, or otherwise penalizing a person based on scientifically valid preemployment drug screening conducted through methods that do not screen for non-psychoactive cannabis metabolites.
In addition, employees and applicants in positions requiring a federal background investigation or clearance and employees in the building and construction trades are exempt from this bill. The City continues its obligation to maintain a drug and alcohol-free workplace. Employees do not have the right to possess, use, or be impaired by cannabis on the job.
This law does not preempt state or federal laws requiring applicants and employees to be tested for controlled substances, or requiring a specific method of testing as a condition of employment, or as a condition of receiving federal funding or federal licensing-related benefits or entering into a federal contract.
69 5. Alcohol and Drug Testing
In carrying out and enforcing this policy, the City may require the following types of testing:
a. Pre-employment Testing. Following a written offer of employment, the City will require all candidates to submit to a test for alcohol and illegal drug use as a condition of employment. Any applicant who refuses to provide consent for this test, or who receives a verified positive result will be disqualified from City employment.
b. Reasonable Suspicion Testing and Search. If a manager or supervisor reasonably suspects that an employee is under the influence of alcohol, drugs or controlled substances while performing their job duties or operating City equipment, an employee may be required to submit to an alcohol and/or drug test. Observation shall be based on indicators.
Examples of indicators which can form a reasonable suspicion that an employee is under the influence of alcohol, drugs, or controlled substances include, but not l imited to, direct observation of the following:
• Changes in appearance or odors (smell of alcohol, body odor, or urine) • Suspicious movements (unsteady, fidgety, dizzy, clumsiness) • Eyes (dilated, constricted or watery, or involuntary eye movements) • Face (flushed, sweating, confused, or blank look)
• Emotions (argumentative, agitated, irritated, drowsy) • Actions (yawning, twitching)
• Inactions (sleeping, unconscious, no reaction to questions) Steps to take when there is reasonable suspicion:
• If the employee is working around machinery or heavy equipment or is in any other type of safety-sensitive job or is acting out in a way that appears to be a safety concern for the employee or others, remove the employee from the area and ask them to wait in a conference room or an office. • The observer should document their observations, including any abnormal behaviors. The observer should be as specific as possible in their descriptions but not attempt to diagnose the situation.
• Notify the Division of Human Resources and the Department Director.
Human Resources staff shall assess what is known and observed after meeting with the employee. If reasonable suspicion is warranted the employee may be required to submit to an alcohol and/or drug test. • The Division of Human Resources shall meet with the employee and clearly explain what has been observed and documented and that the employee will 70 be sent for a drug and alcohol test. An employee’s refusal to submit to such a test is cause for discipline, up to and including termination. • Employee will be sent home while the Division of Human Resources waits for test results.
Moreover, the City reserves the authority to search, without employee consent, and subject to Section 3309 of the Public Safety Officers Procedural Bill of Rights where applicable, all areas of City property.
6. Post-Accident Testing
All employees involved in a vehicle collision may be required to be drug and alcohol tested following a vehicle collision while on City business. Not only may the operator of any vehicle involved be tested, but so may any other employee whose performance may have contributed to the accident, such as the employee who maintains the vehicle or work -site where the accident occurred.
For commercial drivers, post -accident controlled testing, pursuant to this policy, must occur under the following circumstances:
a. A fatality or serious injury;
b. If the driver received a citation under the State of local law for a moving traffic violation; c. Bodily injury to any person, as a result of the injury, receives immediate treatment away from the scene; or
d. One or more motor vehicles incur disabling damage as a result of the occurrence and such vehicle(s) are towed away from the scene.
If required, drug testing shall occur as soon as practical, but no later than 32 hours after the accident. If the controlled substances test cannot be performed within this time period, the reason shall be documented.
If required, alcohol testing shall occur within two (2) hours of the accident. If the alcohol test cannot be performed within this time period, the reason shall be documented. In no case shall an alcohol test be administered later than eight (8) hours past the time of the accident and the reason for the delay shall be documented. Refusal by an employee will be treated as a positive test result and will result in discipline, up to and including termination.
7. Random Testing
All City employees in Safety-Sensitive positions will be subject to random alcohol and drug testing.
Depending on the random selection, some employees may be tested more than once a year, while other are not tested at all.
71 8. Testing Procedures
a. Testing administrators. The drug or alcohol testing of applicants or employees shall be performed only by a laboratory, a physician or health care professional qualified and authorized to administer and determine the meaning of any test results; b. Once a reasonable suspicion determination is made the employee shall be transported to the medical facility for testing. After testing the employee shall be transported home. Under no circumstances shall the employee operate a motor vehicle;
c. Random testing will be completed on City property. Employees will be transported to the City location, designated by Human Resources, by their manager; d. The Division of Human Resources shall inform the medical facility when supervisors are transporting an employee for a drug and/or alcohol test and the approximate time of arrival.
9. Consequences of Failing an Alcohol and/or Drug Screen An employee whose alcohol test indicates an alcohol concentration level of 0.02% or greater will be removed from their duties and will be subject to disciplinary action, up to and including termination. The employee will also be given information to contact a Substance Abuse Professional (SAP).
The SAP will evaluate the employee to determine what assistance, if any, the employee needs in resolving problems associated with prohibited substances abuse. Assessment by an SAP does not shield an employee from disciplinary action or termination.
If an employee is allowed to return to duty following a positive test result, he/she must follow the rehabilitation program prescribed by the SAP, pass return -to-duty drug and alcohol tests, and are subject to unannounced follow -up tests for a period of on e (1) to five (5) years. The cost of any treatment or rehabilitation services will be the responsibility of the employee. Employees will be required to use all accruals prior to taking unpaid leave time while participating in the prescribed rehabilitation program and or any suspension that may result due to a positive test.
Employees who are allowed to re -enter the workforce must agree to a re -entry contract. That contract may include, but is not limited to:
• A release to work statement from an approved Substance Abuse Professional (SAP); • A negative test result for drugs and/or alcohol;
• An agreement to unannounced frequent follow-up testing, as recommended by the SAP; • A statement of expected work-related behaviors; and
72 • An agreement to follow specified after-care requirements with the understanding that any violation of the re-entry contract is grounds for termination.
After the City has complied with any legal obligation to reasonably accommodate an employee’s protected disability, if any, the City may terminate an employee who is unable to perform the essential functions of the job.
S. SMOKING
The City is committed to providing a healthy and safe working environment for employees. To maintain this commitment, the City prohibits smoking, including electronic cigarettes, and the use of smokeless tobacco products:
• In areas where fire and/or safety hazards exist;
• As prohibited by law;
• Inside any enclosed facilities that are owned and/or operated by the City of Redlands; • In City-owned, leased and/or rented vehicles; and
• Within 20 feet of any enclosed facilities that are owned and/or operated by the City of Redlands.
The City Council adopted Chapter 8.54 of the Redlands Municipal Code, regulating smoking in public places and places of employment. This policy is consistent with the City’s smoking prohibitions and the California Labor Code governing smoking in the workplace.
1. Definitions
• Smoking includes smoking cigarettes, electronic cigarettes, pipes, cigars, all tobacco products and weed or plants of any kind;
• Smokeless Tobacco Products include chewing tobacco, snuff or oral snuff.
2. Provisions
All employees, officials, volunteers and visitors shall be subject to prohibition of smoking and the use of smokeless tobacco products.
Employees who smoke and/or use smokeless tobacco products shall not exceed the number of breaks allotted for each break as defined in appropriate MOU and/or applicable state and/or federal law.
T. OFF-DUTY CONDUCT
1. General Considerations
Full-time employees are expected to devote their full time to assigned duties as a City employee.
An employee shall not engage in any employment, activity or enterprise which is inconsistent, 73 incompatible or in conflict with City job duties, functions or responsibilities, nor shall an employee engage in any outside activity which will directly or indirectly contribute to the lessening of effectiveness as a City employee. No employee shall enga ge in any type of activity relating to an employee organization during such time an employee is on duty, except as expressly provided in these Rules, MOU or by law.
2. Outside Employment
Employees who hold or wish to hold jobs outside their normal City employment must complete a Request to Engage in Outside Employment Authorization Form with all required signatures and submit the form to their Department Director. Any outside employment will not be permitted if it conflicts in any manner with the employee’s duties and responsibilities to the City or is prohibited by law. Each authorization is valid for one year or as indicated on the authorization form.
3. Prohibited Off-Duty Conduct
Employees may not engage in any employment or activities that create a conflict of interest, is unethical, or otherwise interferes with their City employment. In making a determination as to whether an activity creates a conflict or ethical question, the appointing authority shall consider, among other pertinent factors, whether the activity involves:
a. Receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act that the employee would be required or expected to render in the regular course of City employment; b. The performance of an act or work which may later be directly or indirectly subject to the control, inspection, review, audit or enforcement by such employee or other City employees;
c. Conditions or factors which might directly or indirectly lessen the efficiency of the employee in regular City employment or conditions in which there is a substantial danger of injury or illness to the employee;
d. The use for private gain or advantage of City time, facilities, equipment and supplies, prestige, influence, or information obtained through one’s city office or employment. No city-owned facilities, equipment or supplies, including autos, trucks, instrum ents, tools, supplies, machines, badges, identification cards, or other items which are the property of the City shall be used by an employee for personal or non-City business reasons except upon approval of the City Manager;
e. The solicitation of future employment with a firm or individual doing business with the city over which the employee has some control or influence in the course of performing official duties.
VII. INFORMATION TECHNOLOGY
74 A. COMPUTER AND ELECTRONIC COMMUNICATIONS
The Computer and Electronic Communications Policy ("policy") outlines the policies and guidelines that must be followed at all times to minimize business risks and maximize the benefits of the use of computing and electronic communications resources owned, leased, or controlled by the City of Redlands. Acceptable use standards form a critical component of enterprise security. This policy establishes standards for the acceptable use of the electronic communications systems of the City.
1. Scope
The City owns, has a property interest in, and has a right to specify the use of:
• All information processing and communications resources used to conduct its business, including hardware, computers, laptops, fax machines, telephones, cellular phones, smart phones, tablets, printers, copiers, storage media and all other hardware; and non -physical resources, such as: software, applications, online accounts, email, texts, pings, Internet/Intranet/Extranet access, storage media, network accounts, voice mail and instant messaging files other messages and all other non-physical assets used or stored in its offices and facilities; and,
• All such information processing and communications resources employed in its business that are connected to or able to be connected to its facilities from locations outside of the City's premises, including personal information processing hosted services, and communications equipment and/or software owned or leased by the City or supplied by the City to City personnel for their use.
All such resources are collectively referred to in this policy as "computing and electronic communications resources" or "resources." All data processing hardware, software, licenses, and any other physical equipment, electronic accounts, applications, and/or appurtenances required to transact City business electronically not expressly mentioned above also constitute the computing and electronic communications resources at City facilities.
2. Usage Rules
a. Ownership
The City of Redlands owns, leases and has the right to specify the use of all computers and electronic communications resources. No employee has any property interest in the City’s electronic communications resources. Examples of electronic communications resources are given in the Computer and Electronic Communications section of the policy. No user should have an expectation of privacy in the use of any city computing and electronic communications resource. The City of Redlands reserves the right to audit networks and systems as necessary to ensure compliance with this policy. b. Authorized Users
Employees, interns, volunteers, agency temporary workers, consultants, vendors, and all other individuals (collectively referred to as “user” or “users”) conducting business 75 on behalf of the City of Redlands are eligible to use computing and electronic communications resources but may do so only in accordance with this policy. c. Acceptable Use
During an employee’s designated working hours or working schedule, Authorized Users may only use City -owned or authorized non -City-owned computers and/or electronic communications resources to conduct City business. Examples of legitimate City business use are:
• Performing essential job functions;
• Participating in job -related conferences and discussions or collaborating via resources such as web sites, newsgroups, chats, and bulletin boards; • Performing research, obtaining information or support, or pursuing approved job - related education;
• Promoting and communicating city business or related information.
Usage must also comply with any and all other terms established by the Personnel Rules and Regulations;
Employees requiring remote access to City systems and data will be given access using a virtual private network (VPN) established by the City’s Division of Innovation and Technology.
VPN connections will only be installed after written authorization from the employee’s Department Director and approval by the Division of Human Resources and only on City- owned computing equipment. No requests to use personal devices will be granted.
d. Personal Use
The City understands that personal use of certain resources (i.e., cell phones, smart phones) is anticipated to varying extents, however such personal use must adhere to the terms contained in this policy. Employees are responsible for exercising good judgment regarding the reasonableness of personal use.
The City's computing and electronic communications resources are an asset that must be used primarily for legitimate City business purposes. Significant investments have been made and are expended to provide these resources to users for conducting City business. Personal use is not forbidden, but such use:
• Must be limited to non-working hours,
• The exception to this rule is if a mobile phone is assigned to an employee and that employee authorizes a payroll deduction for their personal use. The extent of use depends upon features selected and is clarified by the City Cell Phone Program/Device Acknowledgment Receipt required for all mobile phones assigned to users. • Must not affect work performance and normal business activities. 76 • Must not directly or indirectly interfere with the City's operation of computer systems and electronic communications resources or the securing thereof. • Must not compromise the physical security or reputation of the City. • Must not burden the City with noticeable costs, or excessively drain network resources (i.e., bandwidth).
• Must not violate any provision of this policy, any other City policy, practice, resolution, ordinance, or any other legal requirement.
• Personal use is not permissible if the use requires substantial expenditures of time, uses for profit or uses that would otherwise violate City policy with regard to employee time commitments or use of City equipment.
e. Account Ownership
The safety and security of the City’s computer system must be considered at all times when using computers or electronic communications resources. Authorized users are responsible for their own computer network and software accounts. Authorized users are p rohibited from providing their account and password information to any unauthorized person, and from obtaining another user’s password by any unauthorized means. Management shall not require or keep lists of usernames or passwords. Please reference the City of Redlands Password Policy for further clarification.
f. Proprietary or Confidential Information
If a user employs City of Redlands computer or electronic communications resources to subscribe or make postings to any Internet newsgroup, social networking site, public forum, blog or mailing list he or she shall not discuss or disclose proprietary or confidential information in any of those places, nor shall he or she disseminate such information through any other means.
g. Disclaimers
If a user employs City of Redlands computers or electronic communications resources to subscribe or make postings to any Internet newsgroup, social networking site, public forum, blog or mailing list he or she must include a disclaimer stating that views expressed are strictly their own and not necessarily those of the City, unless otherwise authorized.
3. Prohibited Activities
The following uses of the City of Redlands’ computing and electronic communication resources are strictly prohibited (certain exceptions may be permitted for legitimate job duties with approval of a supervisor):
a. Sending, receiving, downloading, displaying, printing, or otherwise disseminating material that is sexually explicit, profane, obscene, harassing, discriminatory, fraudulent, racially offensive, defamatory or otherwise unlawful or contrary to City policy.
77 b. Sending, receiving, downloading, displaying, printing or otherwise disseminating confidential information, documents or materials that are not authorized for dissemination.
c. Misrepresenting an individual’s opinion as City policy or the City’s position. d. Disseminating or storing commercial or personal advertisements, solicitations, promotions, political information or any other unauthorized material. e. Promoting private enterprise of any kind or for solicitations unrelated to City business.
f. Wasting computing and electronic communication resources by, among other things, sending mass mailings or chain letters, forwarding unauthorized attachments, unnecessary printing of email messages, excessive personal use or otherwise creating unnecessary network traffic.
g. Sending or forwarding email with attachments known or suspected to contain malicious software code, e.g., viruses and worms.
h. Sending unsolicited email messages, e.g., spam.
i. Employing a false identity (the name or electronic identification of another) or forging or attempting to forge any portion of email or instant messages. Authorized users may not send email anonymously, e.g., when the sender's name or electronic identification is hidden.
j. Sending email messages using another person’s email account. k. Downloading files and/or software that contain malicious software code and may contaminate City information systems and databases.
l. Using work time to access non-work related information or to “surf” the Internet. m. Accessing the Internet through an anonymous proxy server or engaging in any activity that attempts to conceal web surfing or otherwise conceals actions that are prohibited by this policy.
n. Copying, installing, or using any software or data files that are in violation of applicable copyrights or license agreements.
o. Copying, installing, or using any software or data files that are not authorized for use by the City.
p. Use of electronic communications resources by any person who is not an authorized user.
q. Engaging in any activity that is illegal under local, state, federal, or international law while utilizing City-owned resources.
r. Revealing your network passwords to others or allowing use of your account by others.
78 s. Storing excessive amounts of personal data (music, video files, photos, etc .) on any City-owned device.
4. Monitoring, Auditing and Access
The City retains the right to monitor and audit all use of its computing and electronic communications resources, regardless of where such use is initiated. Additionally, the City retains the right to access all data, files and messages stored on, or proc essed through, its systems. Although the use of passwords and other forms of security are provided for confidentiality, no employee should expect, nor do they have any personal right of privacy with respect to any file or message contained within or processed through the City’s computing and electronic communications resources.
This policy distinguishes between access and monitoring. Access involves opening and reviewing the content of files. Monitoring focuses on traffic patterns, general and individual levels of usage, file subjects and types, file origins and destinations, and network efficiency and security. Without providing prior notice, the City reserves the right to review any material created, stored, sent, or received in its computer systems. a. Purposes
• Computing and electronic communications resources may be monitored and audited, and computer files may be accessed, by authorized personnel for a number of purposes including:
• Maintaining and protecting the resources for the benefit of City compliance with law.
• Undertaking the professional and statutory obligations of the City, • Ascertaining and helping to ensure compliance with City policies, • Ensuring the proper operation of the resources, and
• Investigating suspicious circumstances.
Monitoring is used only to obtain information that is relevant to the workplace and is not used to obtain confidential personal information about employees. The City may engage in monitoring of electronic communications resources or other electronic files created by employees only in specific instances in which it has a legitimate busin ess interest for such monitoring or some legal obligation to do so. In such cases, the City shall limit monitoring to actions reasonably required under the circumstances.
b. Surveillance Software
The City may use system software and software utilities, collectively, "surveillance software," to log, analyze and document use of the resources. Supervisors may receive reports generated by such software. Surveillance software may also be applied to transmissions from the City network between remote locations and from portable devices.
c. Telephone Conversations
79 In compliance with federal law, audio or video telephone conversations shall not be recorded or monitored without advising the participants unless a court has explicitly approved such monitoring or recording.
d. Monitoring of the Workplace
In order to promote the safety of employees, visitors, and the public in and around City facilities, as well as the security of such facilities, the City reserves the right to monitor any portion of these premises at any time. Monitoring devices may be po sitioned in appropriate places within and around City buildings and public areas.
Exceptions to this policy include private restrooms, showers and dressing rooms.
e. Litigation Hold Notice
The City has established a procedure for the Notice of Mandatory Preservation of all documents, records, email, and electronic data. As a part of this process, users are to preserve and safeguard, and must not alter, delete, destroy, or discard any electr onic documents or data in his or her possession related to such a notice. Certain instances of such a notice may require access to user files relating to the notice for the relevant time period.
f. Employee Location Monitoring
The City reserves the right to monitor the location of City equipment. Locations may be determined within City buildings and along City streets. City -owned vehicles and equipment may be equipped with GPS or similar technology at any time.
Such monitoring technologies assist in maintaining productivity and providing an additionally secure and safe workplace. The City will ensure all location monitoring is for business-related purposes only.
5.Email Acceptable use Policy
This policy outlines the guidelines and responsibilities for City employees regarding email use and cybersecurity practices to protect sensitive information and maintain the security and integrity of the City’s networks and data.
The City of Redlands’ email system is intended to be used as a method of communication for the sending and receiving of correspondence. To the extent that any correspondence including email may, in and of itself, contain information relating to the conduct of the public’s business, such correspondence is subject to retention as a Public Record and must comply with the City’s Records Retention Schedule. For this reason, the City’s email system will retain all communications system- wide for a period of two years by default, which is consistent with Government Code Sectio n 34090.
The purpose of this policy is to:
80 a. Ensure the secure and responsible use of City email systems. b. Educate government employees on recognizing and preventing phishing attacks. c. Mitigate the risks associated with email-based security threats.
Email Use Guidelines
a. Authorized Use
• City email accounts should be used for official City business only. Personal use of City email accounts should be limited and in compliance with Section 1.2-D. b. Privacy
• Employees should have no expectation of privacy in their use of City email systems.
All email communications may be monitored and reviewed for security, compliance, and legal purposes.
c. Data Classification
• Employees must adhere to data classification policies when sending sensitive or classified information via email. Encrypt sensitive information when sending it via email if required by policy or regulation.
d. Email Attachments
• Only open attachments from known and trusted sources. If an attachment appears suspicious, do not open it, and report it to the Division of Information Technology. e. Citywide Distribution Lists
• The email system is capable of simultaneously sending messages to every member of City staff. City staff should never send messages citywide unless there is a need to do so and the message contents have been reviewed and authorized by a supervisor. The Division of Innovation & Technology will restrict user access to such email distribution lists pending one-time authorizations from supervisors. f. Phishing Prevention
• Recognizing Phishing
o Employees must be vigilant in recognizing phishing attempts. Phishing emails often exhibit the following characteristics:
o Unknown sender or suspicious sender address.
o Unexpected or unsolicited attachments or links.
o Urgent or threatening language.
o Requests for sensitive information, such as passwords or Social Security numbers.
g. Report Phishing
• If an employee receives an email they suspect to be a phishing attempt, they must:
81 o Not click on any links or download any attachments. o Immediately report the email to the Division of Information and Technology o Delete the suspicious email.
h. Training and Awareness
• Regular training and awareness programs will be conducted to educate employees about the risks of phishing and how to identify and respond to phishing emails.
6.Generative Artificial Intelligence (AI) Acceptable Use Policy Generative AI is a technology that creates original content, such as images, videos, or text, without being explicitly programmed to do so. While still an emerging technology, it necessitates its own acceptable use policy because of the data transmission aspect. Examples of Generative AI technologies include: ChatGPT, DALL-E and various other platforms.
The City recognizes the opportunity for a controlled and responsible approach that acknowledges the benefits to efficiency while minimizing the risks around AI bias, privacy, and cybersecurity.
The purpose of this policy is to ensure that City employees use AI technologies in a manner that promotes transparency, fairness, and respect for individual privacy, while also maximizing the benefits AI can provide in City operations.
The policy applies to all government employees, contractors, and third -party users granted access to City systems or utilizing Generative AI tools while representing the government and during the course of their official duties. It covers the use of Generative AI in all forms, including but not limited to machine learning, natural language processing, and computer vision. a. Policy Guidelines:
• Ethical Use: City employees must use Generative AI technologies in a manner that upholds ethical standards. AI should not be used for any purpose that is illegal, discriminatory, or unethical.
• Transparency: When utilizing Generative AI for decision -making processes, employees must ensure that the rationale and basis for AI-generated outcomes are transparent and understandable.
• Data Privacy and Security:
o Users are responsible for safeguarding confidential, sensitive, and personal data when using AI platforms and generative AI tools. Compliance with data protection and privacy regulations is mandatory.
o Staff must never provide organization-specific names, personally identifiable information, information protected by the Health Insurance Portability and 82 Accountability Act (HIPPA), crime data, locations, etc. when using Generative AI.
o Privacy-first: Only provide information to Generative AI tools that are suitable for public disclosure. This includes any text, photos, videos, or voice recordings you share with the Generative AI platform.
o Be mindful that Generative AI output may include unexpected results. Never share Generative AI output with the public until and unless it has been reviewed, edited and finalized by staff.
• Bias Mitigation: Be aware of the potential for bias in Generative AI systems and take steps to mitigate and address any biases that may arise. Ensure fairness in Generative AI decision-making.
• Accuracy and Accountability: Validate the accuracy of Generative AI-generated results and take responsibility for decisions based on AI output. Human judgement should always be a part of the decision-making process. • Compliance: Comply with all relevant laws, regulations, and City policies when using Generative AI technologies. Report any concerns or violations to the appropriate authorities.When using third-party Generative AI services or tools, ensure they meet government security and privacy standards and obtain necessary approvals. • Transparency and Accountability: Users should be transparent about the use of AI- generated content and clearly identify it as such, especially when interacting with the public.
b. Acceptable Uses:
• Generative AI may be used for research purposes, such as generating new ideas or prototypes
• Generative AI may be used for developing draft documents and content for further refinement and curation by City staff
• Generative AI may be used for artistic or creative purposes, such as drafting original content for educational or promotional purposes
• Generative AI may be used for training and development purposes • City staff agree to use Generative AI for ideation and creative content generation, not as a replacement for human judgement
83 Use Case Examples
Do… Do Not…
Ask ChatGPT to create draft interview
questions for a position
Ask ChatGPT to evaluate the answers from
specific candidates
Ask ChatGPT to draft a memo with specific
content at a specific grade reading level
Ask ChatGPT to compose a reply to questions
from another employee or member of the
public
Ask ChatGPT for examples of a strategic plan at
your type of organization
Ask ChatGPT to draft policies specifically for
the City of Redlands that you will not later
revise with feedback from appropriate
stakeholders
c. Prohibited Uses:
The following actions are strictly prohibited when using AI platforms and generative AI tools:
i. Creating or sharing misleading, false, or deceptive content. ii. Engaging in activities that violate laws, regulations, or the City's policies. iii. Generating content that infringes upon copyright, trademark, or other intellectual property rights.
iv. Using AI tools for malicious purposes, such as phishing, hacking, or impersonation.
v. Generating content that is discriminatory, offensive, or harmful to individuals or groups
vi. Any use that jeopardizes the City's reputation or violates its values. d. Reporting Misuse:
Users who suspect or observe the misuse of AI platforms or generative AI tools are encouraged to report such incidents to their supervisor or the Division of Innovation & Technology.
B. MOBILE DEVICE POLICY FOR CITY OWNED DEVICES
Both City -owned and personally -owned mobile devices present additional security challenges to 84 protecting City information. The intent of this policy is to provide a framework and requirements for the use of mobile devices and to establish minimum security criteria for accessing City information assets from them.
This policy defines accepted practices and responsibilities for use of City of Redlands -owned mobile devices and any personally -owned cell phone/device for which authorization is given to connect to enterprise systems and the city’ network. This policy defines user eligibility and commitment requirements, provides guidance for the secure use of mobile devices. This policy applie s to and provides guidelines for all mobile devices, including mobile phones, smart phones and tablets. This policy is intended to be used as a supplement to the Computer and Electronic Communications Policy.
This policy is operationalized through Mobile Device Management (MDM) software used by the Information Technology Division for the management and administration of mobile devices owned by the city. Software is installed prior to deployment.
Use of mobile devices supplied by, or funded by, the City shall be primarily for City business.
1. Policy Application
This policy applies to all City of Redlands employees, interns, volunteers, temporary employees, and affiliates that are considered authorized users of the City’s systems as defined in the Computer and Electronic Communications Policy. . The presence or absence of any stipend from the City to the owner of a personally-owned device does not affect the applicability of this policy. Personnel device use for access to City information systems, notably email, is available as a convenience to staff, and the City is not responsible for any costs incurred.
2. Definitions
• Tablet: a tablet is an open-face wireless device with a touch screen display and with or without physical keyboards. The primary use is the consumption of media; it also has messaging, scheduling, email, and Internet capabilities. Diagonal screen dimensions are typically between five (5) inches and eighteen (18) inches. Media tablets may have open- source operating systems (such as Android) or a closed operating system under the control of the operating system vendor and/or device make (such as Apple's iOS and Windows). Media tablets may or may not support an application store. • Mobile Device: This refers to any mobile phone, cellular modem, Smartphone, laptop or tablet.
• Mobile Applications: This refers to software designed for any or all the mobile devices defined in this policy.
85 3. User Roles and Responsibilities
a. Responsibilities
• Users must ensure that they comply with all sections in this policy. • Users must agree to take responsibility for the security of their mobile devices and the information they contain.
• Acceptable forms of security for mobile devices include: configuring a passcode to gain access to and use the device. This helps prevent unauthorized individuals from gaining access to the City’s systems and data.
• An idle timeout that will automatically lock the device when not in use is required. This also helps prevent unauthorized individuals from gaining access to the device. • Mobile devices are issued for business purposes and remain the property of the City. • When the mobile phone, laptop or portable computing device is allocated, the user assumes responsibility for the physical security of the equipment and information contained within.
• Users are not permitted to authorize purchases or services for their mobile devices, unless such purchases are for City oriented purposes; or if for personal use, the purchases must be made from and linked to a private, non-city account. • Users must notify The Division of Information Technology Division and their respective department immediately of loss, theft or damage to a City-owned mobile device. • Users consent that if the device is lost/stolen the Division of Information Technology (DoIT) may wipe and completely erase all data from the mobile device so as to not jeopardize the security of City data and systems that are accessed from the device. This applies to all City-owned mobile devices, whether or not they are password and lockout protected.
b. Condition
Users must take proper care of their mobile device(s). Each device must be physically protected from loss, theft, and compromise.
c. Cost Control
Users should support efforts to manage device operation costs by ensuring that call minutes, text messages and data usage do not exceed usage plan limits.
When traveling abroad, users should avoid using mobile phones. If mobile phones are used abroad users should:
• Contact The Division of Information Technology prior to travel, if use of the device is essential during their trip.
• Exercise caution to avoid incurring excessive charges and roaming fees when using the mobile device.
• Connect to mobile data networks only when essential.
• Choose Wi-Fi hot spots as the preferred manner of connecting to data networks. • Note: If you have a choice, select those hot spots that use some form of encryption. Be sure and set the location to “Public Network.” 86 • When connected to public Wi-Fi hot spots, be cognizant of the fact that any data transferred can easily be intercepted by other Wi-Fi hotspot patrons. • Use a soft phone or other voice over Internet Protocol (VoIP) solutions when possible.
d. Loss or Theft
It is the user's responsibility to take appropriate precautions to prevent damage to or loss/theft of the device.
If the device is lost, stolen or suspected to be compromised in any way, the user must notify the City’s Division of Information Technology (DoIT)and the carrier for telecom services within 12 hours. The Division of Information Technology then has the authority to wipe the device so as to not jeopardize the security of City data and systems. The Redlands Police Department must be notified in cases of theft. e. Applications and Downloads
Users must take all reasonable steps to protect against the installation of unlicensed or malicious applications.
All software on the device must either be provided and installed by The Division of Information Technology or approved for installation by the employee’s supervisor.
Unmanaged or unapproved installations can constitute a security risk, including the intentional or unintentional spreading of software viruses and other malicious software.
If for personal use, a s allowed under the Mobile Device Management software and Computer and Electronic Communications Policy, user will perform due diligence to verify downloads are not malicious in nature or would not otherwise expose the City’s systems to a security risk.
Downloading applications from the platform's (e.g., Apple's, Android's) general application store is acceptable, insofar as the application complies with this policy, The Information Technology Division protocols and the Computer and Electronic Communications Policy.
Unless approved for work-related use, City procurement credit cards shall not be used for app store purchases nor entered into an app store account. In most cases, work - related apps will be provided under a volume purchase to City employees using an App Store Front for the City. Should a work -related app not be contained in the storefront, the user should contact The Division of Information Technology to make the purchase. f. Backup and File Sharing or Synchronization
Users are required to use approved software for backing up all devices.
The use of a non -City authorized cloud -based service, such as Apple iCloud, is not permitted for backing up or sharing any City data.
g. Functionality and Feature Management
The device operating system shall not be modified, unless required or recommended by the City. The use of devices that are jailbroken, "rooted" or have been subjected to any other method of changing built-in protections is not permitted and constitutes a breach of this policy.
At the City’s request, users are responsible for delivering the mobile device to The Division of Information Technology if and when the device is selected for a physical 87 security audit or is needed for purposes outlined in Section VII. 4 of the Computer and Electronic Communications Policy
h. User Safety
Users should comply with the safety guidelines defined in the City Employee Policy Manual when using mobile phones in their vehicles.
i. Security and Privacy Obligations for City Data
Users should recognize that their use of, or access to, data provided by or through the City may be monitored by the City. If personal information is stored on a City device, users should presume that that information may also be monitored, but every attempt will be made to compartmentalize personal data.
The City will only use mobile device location information in accordance with Section VII.4 of the Computer and Electronic Communications Policy.
Users must take appropriate precautions to prevent others from obtaining access to their mobile devices.
• Users should not share passwords, PINs or other credentials with anyone. • Users should not share City -issued mobile devices with anyone, unless the department has explicitly intended those devices to be shared among multiple staff.
j. Requirements for Personally-Owned Mobile Devices
• Access to City information systems, including email, from a personal mobile device is provided as a convenience to staff. The City retains the right to deny mobile device access to City data information systems to individual staff, or all staff, with or without notice, and at its sole discretion. • Any personally-owned device not in compliance with the policy may be denied from accessing City data and information resources.
• Any personally -owned device which has been used to access, store, or manipulate City data or information “relating to the conduct of the public’s business” may be subject to disclosure pursuant to the California Public Records Act requests, subpoenas, cour t orders, litigation requests, or other actions against the City. It is the responsibility of the device owner to respond appropriately to any such action
k. Exit Obligations for Employees Taking Absence or Separating from the City Any employee who will be taking leave from the City for a period of four (4) or more consecutive weeks shall be notified in writing by the Division of Human Resources of the need to surrender to the City any and all City-owned mobile devices in their possession.
Any employee separating from the City permanently is responsible for surrendering any City-owned mobile device in their possession before the end of their last day of service to the City.
88 4. Prohibited Uses
Users are strictly prohibited from using the City of Redlands’s information technology and electronic communications systems to transmit, receive, download, view or copy any communication that is fraudulent, harassing, discriminatory, racially offensive, s exually explicit, profane, obscene, intimidating, defamatory, or otherwise unlawful or inappropriate.
Employees encountering or receiving this type of material should immediately report the incident to the user’s supervisor. The City of Redlands recogniz es, however, that certain employees may have valid City business reason to use the Internet to access otherwise inappropriate materials in the course of performing their duties. The Mobile Device Management software used by the City may be used to track t he use of prohibited content on mobile devices.
The City reserves the right to deploy industry standard Mobile Device Management (MDM) software for the express purpose of monitoring and managing city owned devices to ensure the integrity of the city’s network and data resources.
5. Data and System Security
a. Data Security
All mobile devices connecting to the City’s network or accessing City information must meet the following security requirements:
• All City mobile devices must be secured with a PIN, password or a pattern-screen lock when powering on the device or when left unattended, unless this practice is incompatible with operational workflow.
• Device users must comply with The Division of Information Technology directives regarding updating or upgrading system software and must otherwise act to ensure security and system functionality.
b. Physical Security
Mobile device users must comply with physical security requirements when equipment is at the user's workstation, when traveling, or when working in the field or at a job site.
Users must take the following preventative measures defined in this policy to pr otect City data and systems:
• Mobile devices must not be left in plain view in an unattended vehicle, even for a short period of time.
• Mobile devices must not be left in a vehicle overnight. • A mobile device displaying sensitive information being used in a public place must be positioned so that the screen cannot be viewed by others. • The device must be physically secured when it is left unattended outside the immediate work area for any extended period.
• In vulnerable situations (e.g., public areas), the mobile device must not be left unattended under any circumstance.
89 • Mobile devices should be carried as hand luggage when traveling and never checked as baggage.
• The employee will be responsible for the replacement or repair of the City-owned mobile device if it is damaged or lost as a result of the employee’s negligent or intentional conduct.
The employee’s department will be financially responsible for the replacement or repair of the City-owned mobile device if it is damaged, stolen or lost.
C. INFORMATION SECURITY POLICY
Technology is a critical component to the advancement of the City’s mission, but also exposes the City to risk. Choices that protect the City from risk of loss associated with information security are not primarily a function of IT staff – it is an essenti al responsibility of ALL City of Redlands staff.
This policy defines that responsibility and seeks to make information security an established practice within City culture. Staff are required to follow these practices when using City technology systems and when accessing and using City data and information.
It is the policy of the City of Redlands to maintain responsible behaviors and vigilance in all areas of technology and information security. City employees and affiliates must not circumvent the policies, procedures, and safeguards implemented that protec t the City, its information and employees. City employees and affiliates must promptly report technology -related security incidents or concerns to the Information and Technology Division.
This policy has been established in order to:
• Establish the minimum expectations to which all City staff will be held accountable • Protect the City’s critical infrastructure
• Protect sensitive information entrusted to the City
• Continuously improve the City’s ability to detect and respond to cyber/information security events
• Ensure risk management is sufficient and in alignment with the City’s operations and mission • Facilitate cyber/information security awareness of risks to City operations and services • Comply with external and regulatory data protection requirements
1. General Policy
All parties with access to City data or resources must safeguard the City's confidential information, as well as that of vendors and others from disclosure. This policy applies to all City of Redlands employees, interns, volunteers, temporary contract emp loyees, and affiliates that are considered authorized users of the City’s systems as defined in the Computer and Electronic Communications Policy.
90 Under this policy, all staff are expected to adhere to the following principles to maintain the security and integrity of the City of Redlands' information systems.
1) Confidentiality - Ensuring that information is accessible only to those authorized to have access. Examples include:
(a) Safeguarding personal data of the public and City employees. (b) Ensuring restricted, sensitive or otherwise protected information is safe from unauthorized disclosure.
2) Integrity - Safeguarding the accuracy and completeness of information and processing methods. Examples include:
(a) Verifying the source of information before trusting it. (b) Not altering records without proper authorization.
(c) Validating sources of external emails for authenticity and safe handling 3) Accountability - Ensuring that actions taken on the City’s systems or networks can be attributed to identified individuals, promoting responsible behavior. (a) End user activities may be tracked and monitored in an effort to safeguard network security and prevent unauthorized access.
(b) End users are accountable for their activities using City resources and should be aware of the consequences of information security violations.
2. Cyber Hygiene Practices
To support the general principles outlined above, city staff must undertake the following cyber hygiene practices:
1. Securing data and access
• Departments should limit the access of their staff to the least privileges necessary to perform their duties
• Multifactor authentication should be in use on devices and applications, as enforced by DoIT.
• Password policies will be enforced by DoIT. Users are expected to keep their passwords confidential, not to share passwords for their individual user account with others, and to adhere to best practices concerning password construction and safeguarding contained in the HR trainings assigned in NeoGov. • Do not email or transmit in any nonsecure manner, confidential or personally identifiable information. If there is a need to transmit confidential information, please contact DoIT for guidance on secure transmission.
2. Safe Internet Use
• Practicing safe browsing habits to avoid downloading malware or falling victim to 91 phishing attacks.
• Do not click on suspicious links.
• Verify website URLs before entering sensitive information.
3. Physical Security
• When away from their desk computer, laptop or mobile device, employees should lock or log off such devices, as applicable.
• Do not leave City-owned devices unattended in public places. • City files and original documents must be kept on the network; and sensitive, restricted or otherwise protected documents and information may never be transferred to, or saved on, a personal, non-City computer.
3. Email Hygiene Practices
• DO NOT open any suspicious email based on the Subject or Sender—delete it before you open it.
• DO NOT reply to, open attachments from, or click on URLs from unknown and untrusted sources.
• DO NOT use your City email address for personal communications. • DO NOT ever send personal/sensitive information via email—e.g., passwords, credit card number, social security number, or account numbers.
• DO check emails from the outside world for misspellings, grammatical errors, and abnormal spacing that may be indicative of a phishing email. • DO check links in external emails by using your mouse to hover over the hyperlink to determine if the URL makes sense with the sender—e.g., matching the sender’s name to the URL; whether there's a foreign name or location in the URL. • DO report any suspicious emails if you’re not sure if they are valid to [email protected] for further review and investigation. • DO attempt to contact the original sender by phone or by method other than to verify the authenticity of the message sent to you
• DO use common sense—if it doesn't look right, trust your judgment.
It is critical that you remain vigilant and knowledgeable about email authenticity. Phishing scams are the largest attack surface for cyberthreats.
A password must be made up of:
▪ Twelve (12) or more characters.
▪ At least one uppercase letter.
▪ At least one lowercase letter.
▪ At least one number (0 through 9).
At least one special character ($, @. # and so on).
92 4. Remote Access
Remote access connections may be used by authorized City employees. All staff connecting to City resources from outside of the City network must follow the same requirements for secure remote access, including:
1. Only the City’s existing VPN solution may be used to connect to City resources.
2. All users must obtain permission from the IT Division and the appropriate Department Head(s).
3. All VPN users must authenticate using multifactor authentication (MFA), when enforced by the IT Division.
4. City employees may only connect to City resources from an IT -approved, City issued device. Non-City issued devices are not permitted.
5. Any contractor or vendor -owned device connecting to City resources must be approved beforehand and have updated antivirus and fully patched, up -to-date operating system.
5. Security Awareness
The City of Redlands requires that all individuals with access to the City’s technology including, but not limited to, employees, interns, and certain elected officials participate in efforts to safeguard the City against information security threats. This includes successful completion of mandatory security training upon hire and at least annually thereafter. Certain staff may be required to complete additional training modules depending on specific job requirements. Staff will be given a reasonable amount of time to complete each course so as not to disrupt City operations.
The City will also conduct periodic simulated social engineering exercises including but not limited to: phishing (e -mail), vishing (voice), smishing (SMS), USB testing, and physical assessments. These tests will be conducted at random throughout the year with no set schedule or frequency. Targeted exercises may be conducted against specific departments or individuals based on a risk determination. Failure of any of these simulated tests will be tracked, reported to management, and may automatically trigger a mandatory remedial training module that must be completed in a timely manner.
VIII. DISCIPLINARY ACTION
A. POLICY ON DISCIPLINE
No full -time employee in a regular appointment shall be disciplined without cause. Probationary employees are subject to termination without cause. For the purpose of this Article, disciplinary action shall be defined to include one or more and the following: oral warning, written reprimands, suspensions, demotions, reductions in pay and discharge. Oral and written reprimands may be initiated 93 at supervisor/division manager level. Disciplinary action more serious than a written reprimand must be initiated at the Department Director level. All discipline above an oral warning must have approval by the Division of Human Resources. Nothing in this section is designed to negate any protections set for in the Public Safety Officers Procedural Bill of Rights Act or the Firefighters Procedural Bill of Rights Act.
Definition of disciplinary action:
a. Oral warning. A supervisor may provide an employee an oral warning for cause. b. Written Reprimand. A supervisor may issue a written reprimand to an employee for disciplinary purposes. Such reprimand shall be in writing and shall be provided to the employee, and employee shall acknowledge receipt of such reprimand. A copy of the reprimand shall be placed in the employee’s personnel file. c. Suspension. A suspension is a temporary “without pay” status imposed as a penalty for an offense where the cause is not severe for dismissal. A suspension may be issued by the Department Director. Suspensions shall be handled in conformance with Article VI II.
Disciplinary Action, Section C. Appeal of Disciplinary Action. A copy of the suspension shall be placed in the employee’s personnel file.
d. Demotion/Reduction in pay. The Department Director, after review with Human Resources, may demote or reduce the salary of an employee whose ability to perform the required duties for the position falls below minimum performance requirements or for discipli nary purposes. Demotions shall be handled in conformance with Article VIII. Disciplinary Action, Section C. Appeal of Disciplinary Action. A copy of the demotion shall be placed in the employee’s personnel file.
e. Discharge. The Department Director, after review with Human Resources, may discharge an employee from a position for disciplinary purposes. A discharge shall be handled in conformance with Article VIII. Disciplinary Action, Section C. Appeal of Disciplinar y Action.
A copy of the demotion shall be placed in the employee’s personnel file.
B. NOTICE OF PROPOSED DISCIPLINE
Except in emergencies, or as authorized by law, Skelly-level suspensions, demotions, reductions in pay, or discharge, shall not be put in effect until the employee has received written notice advising the employee of the proposed action, the reason(s) ther efore, the facts giving rise thereto, the proposed effective date, access to written material that formed a basis of the proposed action, and the opportunity to respond to the Department Director orally or in writing within five (5) working days, or other response deadline as specified in a Council approved Memorandum of Understanding, of receipt of such notice. If deemed necessary by the Department Director or the Division of Human Resources, an employee may be placed on administrative leave with pay pending investigation of allegations that may lead to discipline.
94 C. APPEAL OF DISCIPLINARY ACTION
If a disciplinary action of suspension of forty hours (40) or more, reduction in pay (equal to a forty - eight-hour or more suspension), demotion or discharge is imposed, the employee may then appeal, prior to implementing such action to the Department Director. Any such appeal must be filed within 5 working days of the notice of the disciplinary action, or in accordance with a Council approved Memorandum of Understanding as it relates only to the timing of filing an appeal.
Upon unresolved consensus concerning the disciplinary action, an appeal may be made to the City Manager as the second step. However, execution of the notice of intent will be implemented after the first step (Department Director level). Should the disciplinary action still be unresolved after the second step, the discipline can be appealed to one final step. The third and final step is a hearing in front of the City Council. The City Council’s decision on the disciplinary action is final and binding.
Any appeal of disciplinary action not resolved at Level 2 may be submitted to the City Council no later than 10 working days after the date of the City Manager’s written reply. The employee shall provide the City Council with a copy of the Level 2 response. Within ten (10) working days thereafter, the City Council or its designee, shall schedule a hearing before the City Council or designee in which the parties to the notice of disciplinary action may present evidence. The City Council shall give the gri evant a written decision within thirty (30) days after the hearing and shall file a copy with the Division of Human Resources. The decision shall be based upon the oral and written evidence submitted at the hearing.
The decision of the City Council shall be final and binding.
D. CAUSES FOR DISCIPLINE
Examples of causes for disciplinary action include, but are not limited to:
a. Dishonesty;
b. Incompetence;
c. Inefficiency;
d. Neglect of duty;
e. Negligence which affects the safety of the employee or of others; f. Violation of any City policy, rule or requirement;
g. Unauthorized absences (including tardiness) or abuse of sick leave or any other leaves; h. Violation of these Rules, or other rules, regulations or orders established by a supervisor, department or City Council.
i. Conviction of a crime that interferes with employment; j. Discourtesy to the public or fellow employees;
k. Misuse or abuse of City property or equipment;
l. Substandard job performance;
m. Insubordination;
95 n. Any activities, including outside employment that create a conflict of interest with City employment and are not specifically authorized by the Department Director; o. Falsification of any City report or record (including job application); p. Other acts which are incompatible with service to the public including, but not limited to, any conduct or behavior, either on or off duty, which cause discredit or would reasonably tend to cause discredit to fall upon the City, its officers, agents or departments.
IX. GRIEVANCE PROCEDURE
This grievance procedure is intended to ensure that every reasonable effort will be made to resolve problems as near as possible to the point of origin.
A. DEFINITIONS
Grievance is defined as any dispute involving the interpretation, application, or alleged violation of:
a. The specific express terms of a current MOU, between the City and a recognized employee organization representing employees in the competitive service, to which the grieving employee is subject to;
b. A specific express term of these Rules;
c. A violation of any rule, policy, or regulation.
B. ELIGIBILITY TO FILE A GRIEVANCE
A grievant is a full -time employee in a regular appointment who is adversely affected by an act or omission of the City. No other individuals are eligible to file a grievance under this rule. A grievant may also be a recognized employee organization representing employees.
C. EXCLUSIONS FROM THE GRIEVANCE PROCEDURE
The following matters are excluded from the definition of a grievance:
a. Request for changes in wages, hours, or working conditions; b. The content of employee evaluations or performance reviews, except those that result in a loss of benefits to the employee;
c. Challenges to reclassification, layoff, transfer, denial of reinstatement; d. Challenges to examinations or appointment to positions; and e. Challenges to these grievance procedures.
D. GRIEVANCE PROCEDURE
The grievance procedure shall consist of the following steps:
96 1. Informal Grievance Procedure
Within ten (10) working days of the act(s) or omission(s) giving rise to the grievance, the grievant must discuss the grievance with his or her immediate supervisor, who will investigate and attempt to resolve the matter. The supervisor shall give the grievant an oral o r written reply within ten (10) working days after the discussion. If the grievant is not satisfied with the reply, he or she may proceed with the Formal Grievance Procedure.
2. Formal Grievance Procedure
a. First Level Review – Supervisor Review
Any grievance not resolved by the Informal Grievance Procedure, may be submitted in writing by the grievant to their immediate supervisor or Department Director along with a copy to the HR Director, no later than ten (10) working days after the date of the oral or written reply. A grievance may be submitted directly to the HR Director or, if the grievance started at a level above the supervisor or department, the grievance may be submitted at the higher level. The written grievance must contain the following information:
i. Name of grievant and job title;
ii. Department in which grievant works;
iii. The specific act or omission which gave rise to the alleged violation, misinterpretation, or misapplication and the date or dates of the alleged act or omission; iv. The specific provision(s) of the MOU, the City Policy or Personnel Rules alleged to have been violated, misinterpreted, or misapplied;
v. A list of the documents, witnesses or other evidence that support the grievance; vi. Desired solution or remedy;
vii. Name of the grievant’s representative, if any;
viii. Signature of the grievant or representative and date signed.
Within ten (10) working days thereafter, the responder shall schedule a meeting with the grievant to work at resolving the grievance. The supervisor shall give the grievant a written reply within ten (10) working days after the meeting and shall file a co py with the HR Director. If the grievant is not satisfied with the response, he/she may proceed to Level 2. b. Second Level – Department Director Review
Any grievance not resolved at Level 1 may be submitted to the Department Director no later than ten (10) working days after the date of the supervisor’s written reply. The grievant shall provide the Department Director with a copy of the Level 1 response. Within the (10) working days thereafter, the Department Director shall schedule a meeting with the grievant to work on resolving the grievance. The Department Director shall give the grievant a written reply within ten (10) working days after the meeting and shall file a copy with the HR Director. If the grievant is not satisfied with the response, he/she may proceed to Level 97 3. If the grievant’s immediate supervisor is a Department Director, then the second level is skipped. The grievant will move to level three upon an unresolved grievance at the first level.
c. Third Level – City Manager
Any grievance not resolved at Level 2 may be submitted to the City Manager no later than ten (10) working days after the date of the Department Director’s written reply. The grievant shall provide the City Manager with a copy of the Level 2 response. Within ten (10) working days thereafter, the City Manager shall schedule a meeting with the grievant to work at resolving the grievance. The City Manager shall give the grievant a written reply within ten (10) working days after the meeting and shall file a copy with the HR Director. If the grievant is not satisfied with the response, he/she may proceed to Level 4.
d. Fourth Level – City Council
Any grievance not resolved at Level 3 may be submitted to the City Council no later than ten (10) working days after the date of the City Manager’s written reply. The grievant shall provide the City Council with a copy of the Level 3 response. Within ten (10) working days thereafter, the City Council, or its Designee, shall schedule a hearing before the City Council or Designee in which the parties to the grievance may present evidence. The City Council shall give the grievant a written decision within 3 0 days after the hearing and shall file a copy with the HR Director. The decision shall be based upon the oral and written evidence submitted at the hearing. The decision of the City Council shall be final and binding.
E. REPRESENTATION
The grievant is entitled to representation of their choice at any point in the grievance procedure. If the representative is a fellow employee, that employee will receive time off from their work assignment for the time of the grievance meeting(s) or hearing plus reasonable travel time. The grievant must inform the Division of Human Resources whether he/she will be represented at the grievance meeting, along with the identity of the representative, at least 48 hours prior to the grievance meeting.
F. SETTLEMENT OF GRIEVANCE
Failure by the grievant to appeal his or her grievance to the next step within the specified time limits of this rule shall constitute a settlement of the grievance, unless the Parties have granted an extension of time to a definite date. Failure by the C ity to meet any of the specified timelines shall entitle the grievant to appeal to the next level of review.
Additionally, failure on the part of an employee or his representative to appear for any scheduled meeting without notification may, in the City’s discretion, be deemed a settlement of the grievance. 98 G. NO RETALIATION
Employees will not be penalized or retaliated against in any way for using the grievance procedures, testifying as a witness or assisting with a grievance.
X. LEAVES OF ABSENCE
A. ELIGIBILITY FOR PAID LEAVE OF ABSENCE
In order to be eligible for City payment of the paid leaves of absence outlined herein or subsequently granted by the City, an employee must be a full-time employee and either a regular or probationary appointee, except as required by law. Any leave of absence, outside of pre -approved vacation or holiday time, by an employee that exceeds thirty (30) consecutive days will result in a proportionate adjustment to the employee’s performance evaluation date for all purposes, including consideration of a merit salary increase as allowed by law.
B. VACATION
1. Rate of Accrual
Every full-time probationary and regular employee shall earn vacation as follows unless otherwise specified by an applicable M.O.U.:
Years Hours
0 – 5 80
6 – 7 120
8 – 9 128
10 – 11 136
12 – 13 144
14 – 15 152
16 – 20 160
21 168
22 176
23 184
24 192
25 200
Vacation accrues daily on a pro-rata basis.
2. Scheduling Vacation
After completion of six months of continuous service, an employee may take vacation leave at any time, subject to approval by the employee’s Department Director or their designee.
Approval will be based upon work load, staffing coverage, seniority, timing of the request, and any other work -related factors appropriate for consideration by the Department Director. Vacation must be taken in increments of one-half hour or more, unless otherwise approved.
99 3. Effects of Holidays on Vacation Leave
In the event that an authorized city holiday falls during an authorized vacation leave, the employee shall receive holiday pay and not be charged vacation leave for that day.
4. Effects of Sick Leave on Vacation Leave
In the event an employee becomes ill during a vacation period, such time shall not be charged as vacation leave if either of the following conditions is met:
a. The employee complies with the same notice requirements in Rule X.D (Sick Leave) as required when the employee is not on leave, including notice to the employee’s supervisor no later than the start of the employee’s regular work shift. If the employee bec omes ill after the start of the work shift, then the employee must promptly provide notice on the same day the illness begins. Sick leave will only be granted for those days on which notice is given pursuant to this policy; or b. The employee, upon return to work, submits a doctor’s note for each day requested to be paid as sick leave.
5. Compensation for City Work During Vacation is Prohibited No employee shall be permitted to work for compensation for the City in any capacity except compensation for mandated court appearance or special duty assignments during paid vacation time.
6. Vacation Pay Upon Termination
Any employee terminating from the City will be paid at their regular rate of pay on a pro - rata basis for all earned vacation, if any, accrued up through the date of termination.
C. HOLIDAYS
1. Authorized Holidays
Every full-time probationary and regular employee shall be entitled to the following paid holidays each calendar year and such other days as may be designated by action of the City Council:
• January 1 (New Year’s Day)
• The third Monday in January (Martin Luther King Day)
• The third Monday in February (President’s Day)
• March 31 (Cesar Chavez Day)
• The last Monday in May (Memorial Day)
• June 19 (Juneteenth)
• July 4 (Independence Day)
• The first Monday in September (Labor Day)
• The second Monday in October (Indigenous Peoples Day) • November 11 (Veteran’s Day)
• Thanksgiving Day
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• Friday after Thanksgiving Day
• December 24 (Christmas Eve)
• December 25 (Christmas Day)
If a holiday falls on Saturday, Friday shall be designated as the holiday, and if the holiday falls on Sunday, Monday shall be designated as the holiday.
Employees who are absent from work on a holiday due to unpaid leave of any form will not be paid for the holiday. Employees who are required to work on a holiday will receive holiday pay in addition to any hours worked.
2.Holiday Worked Pay
Non-exempt employees who actually work on an above-listed holiday will receive holiday worked pay at one half times their normal hourly rate for all hours worked. Holiday worked pay will only be paid on the actual calendar holiday and not for observed holidays if the holiday falls on a weekend. For example, if Independence Day falls on a Saturday, only those employees actually working on that Saturday will receive holiday worked pay. If Friday is the recognized holiday that year, those working on Friday will not receive holiday worked pay. If an employee’s shift extends beyond midnight of the actual holiday, holiday worked pay will only apply to those hours worked on the actual holiday. For Sworn Fire personnel, holiday worked pay will be paid for the entire 24-hour shift that begins on the actual holiday.
3. Floating Holidays
Full time probationary and regular employees shall receive floating holidays each calendar year as granted in a Council approved Memorandum of Understanding and pro-rated to the date of hire. Floating holiday hours that are not used will not carry over to the following year. No employee may accrue any more than four floating holidays at any one time. The floating holidays may be used at any time subject to two days advance approval unless waived by the Department Director. In the event of termination, e mployees will receive payment for all unused floating holiday hours.
4. Banked Holidays
Non-exempt employees who are normally scheduled off on a day in which a holiday is observed have the option to bank their holiday pay for future paid time off. Exempt employees who are normally scheduled off on a day in which the holiday is observed, sha ll bank their holiday hours for future paid time off.
D. SICK LEAVE
1. Accrual of Sick Leave
Full-time probationary and regular employees only are eligible to accrue eight (8) hours of sick leave with pay for each calendar month of actual continuous service dating from the 101
employee’s most recent date of hire. Part time employees will accrue sick leave as required by state or federal law.
An employee shall not receive payment for unused accumulated sick leave upon termination of employment or retirement (either disability or service retirement) unless specifically provided for in an applicable Memorandum of Understanding. An employee may n ot use sick leave to extend a retirement or termination date, unless specifically provided for in an applicable Memorandum of Understanding, State, or Federal law.
2. Return to Work from Sick Leave
If an employee misses three (3) or more days of work due to illness, the employee will be required to provide a return to work certification from a licensed physician to the Division of Human Resources before returning to work. The City may require the employee to see a physician chosen by the city to conduct a fit for duty examination at the City’s expense.
3. Use of Sick Leave for Family
In cases of illness of a family member, an employee may use up to one -half of their sick leave entitlement for the year to attend to the illness of a spouse, domestic partner, parent, or child. Additional family sick leave may be used for qualifying acts of violence, and usage for special circumstances may be granted on a case -by-case basis in the discretion of the Department Director with the concurrence of the City Manager.
4. State Disability Insurance (SDI) and Paid Family Leave SDI and Paid Family Leave provide benefits to eligible employees but do not provide job protection or return to work rights. Eligible employees as determined by the State will receive a percentage of their regular pay under both SDI and Paid Family Leave. Payroll shall, when contacted by the State in determining eligibility, verify an employee’s salary and last day worked.
Benefits begin the day after a mandatory seven (7) day waiting period for SDI only. With eligibility established, an employee may:
a. Receive benefits for up to fifty -two (52) weeks for SDI; receive benefits for up to eight (8) weeks for Paid Family Leave.
b. Receive benefits based on the wages paid during a twelve (12) month base period. c. Receive full pay as long as accrued leave is available to supplement SDI payments.
An employee with sick leave accruals available must use their accruals in conjunction with SDI benefits until exhausted. When sick leave is exhausted, an employee shall be required to use all other available leaves such as vacation, CTO, or executive leav e until such time is exhausted.
State law prohibits an employee from receiving more than 100% of salary in combined sick/vacation leave and SDI/Paid Family Leave benefits. The employee must provide verification of such payment from the State Employment Development Department (EDD) 102
to the payroll section of Finance. When all available leave balances are exhausted, the employee shall be placed in “inactive” status. Should any discrepancy exist between this policy and the State Unemployment Insurance Code, the State Unemployment Insu rance Code will prevail.
E. FAMILY AND MEDICAL LEAVE
The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide eligible employees the opportunity to take unpaid, job -protected leave for certain medical and nonmedical needs for themselves and certain family members. Although these laws are summarized below, any conflict between those laws and the summary below shall be resolved in favor of said laws.
The maximum amount of leave available under these laws is twelve (12) weeks of CFRA leave in a 12 - month period and twenty-six (26) weeks of FMLA leave in a 12 -month period may be allowable in the case of miliary caregiver leave as detailed below. Some or all available leave may run concurrently as allowed by law. Employees with any questions or requests for information about family and medical leave should consult with the Division of Human Resources.
1. Eligibility
To be eligible for leave under FMLA/CFRA, employees must meet all of the following requirements:
a. Have worked at least twelve (12) months for the City. Separate periods of employment will be counted, provided that the break in service does not exceed seven years.
b. Have worked at least 1,250 hours in the twelve (12) months preceding the date the leave would commence. The 1,250 hours do not include time spent on paid or unpaid leave and will not be counted in determining the 1,250 hours requirement.
All periods of absence from work due to or necessitated by service in the uniformed services are counted as hours worked in determining eligibility. c. FMLA only: Currently work at a location where there are at least fifty (50) employees within seventy -five (75) miles. All periods of absence from work due to or necessitated by service in the uniformed services are counted as hours worked in determining eligibility.
2. Reasons for Leave
Employees may take up to twelve (12) weeks of FMLA/CFRA leave within a twelve (12) month period for any of the following reasons:
a. The birth of a child and to bond with or provide care for the child. b. The placement of a child with the employee for adoption or foster care and to bond with or care for the new child.
c. To care for a spouse, domestic partner, child of the employee, spouse or domestic partner, parent, parent -in-law, grandparent, grandchild, sibling, or designated person with a serious health condition as defined in this policy. d. For the employee’s own serious health condition that renders them unable to perform the functions of their position.
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e. Eligible employees with a spouse, son, daughter, or parent on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation may use their twelve (12) week FMLA entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post - deployment reintegration briefings. Leave for this reason is referred to in this policy as “qualifying exigency leave” and is not covered under the leave provisions of the CFRA.
f. Eligible employees may take up to twenty-six (26) weeks of FMLA leave to care for a covered servicemember during a single twelve (12) month period. Leave for this reason is referred to in this policy as “military caregiver leave” and is not covered under the leave provisions of the CFRA.
FMLA and CFRA leave will run concurrently when the reason for leave is covered by both laws. If both parents are employed by the City, they each receive twelve (12) weeks of CFRA leave for the birth, adoption, or foster care placement of a child.
3. Definitions
a. “Serious health condition” means an illness, injury, or physical or mental condition that involves either inpatient care or continuing treatment by a healthcare provider. This includes treatment for substance abuse.
b. “Family member” for the purposes of CFRA means a spouse, domestic partner, child of employee or domestic partner of any age, parent, parent -in-law, grandparent, grandchild, or sibling.
c. “Designated person” for the purposes of CFRA leave mans any individual related by blood or whose association with the employee is the equivalent of a family relationship.
The employee must identify the designated person at the time the leave is requested, and only one designated person is permitted per twelve (12) month period. d. “Covered servicemember” means a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty or active duty that may render the servicemember medically unfit to perform their duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in an outpatient status, or is on the temporary disability retired list.
4. 12-Month Measurement Period
The City measures the period of twelve (12) months in which leave is taken by a rolling 12 - month period measured back from the date leave is taken. Each time an employee takes 104
eligible leave; the remaining leave entitlement is based on the amount of leave taken during the immediate preceding twelve (12) months.
For military caregiver leave, an eligible employee may take up to twenty-six (26) workweeks of leave in a single twelve (12) month period. The single twelve (12) month period begins on the first day leave is taken to care for a covered service member and ends twelve (12) months thereafter, regardless of the method used to determine leave availability for other CFRA/FMLA-qualifying reasons.
5. Intermittent and Reduced-Schedule Leave
Eligible employees may take leave in a single block of time, intermittently (in separate blocks of time) or by reducing the normal work schedule. Intermittent leave to bond with a new child must be taken in two (2) week increments, with a shorter duration allowed on two (2)occasions.
Employees who require intermittent or reduced -schedule leave must try to schedule their leave so that it will not unduly disrupt City operations.
6. Interaction with Paid Leave
Depending on the purpose of the leave request, the City may require that employees use accrued paid leave (such as sick leave, vacation or other paid time off) concurrently with some or all of the leave taken under this policy. To use paid leave for FMLA/CFRA leave, eligible employees must comply with the City’s normal procedures (e.g., call-in procedures, advance notice) for the applicable paid -leave policy. When the leave request is for the serious health condition of a covered family member, employees w ill only be required to exhaust up to one half of their annual sick leave entitlement.
Employee paid-leave accruals (paid time off, vacation, sick leave) will continue while paid leave is being used during periods of FMLA/CFRA absence and in accordance with those individual policies.
Employee paid-leave accruals will not continue during unpaid periods of leave or when only disability payments are being received.
7Maintenance of Health Benefits
If employees and/or their families participate in the City’s group health plan, the City will maintain coverage during FMLA/CFRA leave on the same terms as if the employee had continued to work. If applicable, employees must make arrangements to pay their share of health plan premiums while on leave. In some instances, the City may recover the premiums it paid to maintain health coverage or other benefits for employ ees and/or their families while employees were absent.
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While on unpaid leave, employees do not accrue vacation, sick, or other paid leave time, unless they are substituting accrued leaves for compensation. Performance evaluation dates may be adjusted to the same extent as any other unpaid leaves.
While on leave, employees may participate in life insurance, short term or long-term disability insurance and supplemental benefits plans to the same extent as any other unpaid leaves. The employee is responsible for paying the required premiums. Failure to pay premiums may result in cancellation of coverage.
Employees may continue coverage on their own by payroll deductions or direct payments made to these plans. The City will inform employees whether the premiums should be paid to the carrier or to the City. Coverage by a plan may be dropped if the employee’s premium payment is more than thirty (30) days late. The City will notify the employee fifteen (15) days before coverage will cease. Employee contribution rates are subject to any change in rates that occurs while the employee is on leave.
If an employee fails to return to work after his or her leave entitlement is exhausted or expires, the City will have the right to recover premiums through deduction from any sums due the employee (e.g. unpaid wages, vacation pay, etc.)
8. Procedures
When seeking leave under this policy, employees must provide the following to the Division of Human Resources:
A. Thirty (30) days' notice of the need to take FMLA/CFRA leave if the need for leave is foreseeable. In the case of unforeseeable leave, notice must be provided as soon as practicable and in compliance with the City’s normal call-in procedures, absent unusual circumstances.
B. Certification by a health care provider supporting the need for leave due to a serious health condition affecting the requesting employee or a covered family member or service member within fifteen (15) days of the City’s request for the certification. If the City has reason to doubt the validity of the certification provided, the City may require, at the City’s expense, that the employee obtains the opinion of a second health care provider, designated and approved by the City. If the second opinion differ s from the original certification, the City may, at the City’s expense, require that the employee obtain a third opinion of a health care provider, designated and approved jointly by the employer and the employee. The opinion of the third health care prov ider shall be considered final.
C. For qualifying exigency leave: Within fifteen (15) days of the request, an employee requesting qualifying exigency leave may be required to provide appropriate supporting documentation in the form of a copy of the covered military member's active duty orders or other military documentation indicating the appropriate military status and the dates of active duty status, along with a statement setting forth the nature and 106
details of the specific exigency, the amount of leave needed and the employee's relationship to the military member.
D. Periodic reports as deemed appropriate during the leave regarding the employee's status and intent to return to work, not more than every thirty (30) days.
E. A return -to-work release before returning to work if the leave was due to the employee's serious health condition and the leave was three days or more.
Failure to comply with these requirements may result in delay or denial of leave or disciplinary action, up to and including termination. Leave under this policy will be governed by and handled in accordance with FMLA/CFRA applicable regulations, and nothing within this policy should be construed to be inconsistent with those regulations.
9. Employer Responsibilities
To the extent required by law, the Division of Human Resources will inform employees whether they are eligible for leave under the FMLA/CFRA. Should employees be eligible for FMLA/CFRA leave, the Division of Human Resources will provide eligible employees with a notice that specifies any additional information required, as well as their rights and responsibilities. Under CFRA, if the employee’s leave is approved, it will be retroactive to the first day requested. The Division of Human Resources will also inform employees if leave will be designated as FMLA/CFRA -protected and, to the extent possible, note the amount of leave counted against employees' leave entitlement. If employees are not eligible for FMLA/CFRA leave, a reason for the ineligibility will be provided to the employee.
10.Reinstatement upon Return from Leave
Upon returning from FMLA/CFRA leave, employees will be restored to their original position or to an equivalent position, subject to the defenses permitted under the law, with equivalent pay, benefits, shift, schedule, geographic location, privileges, statu s, and other employment terms and working conditions and involve the same or substantially similar duties and responsibilities and must require substantially equivalent skill, effort, and authority. Employees have no greater rights to reinstatement, benef its, and other conditions of employment than if the employee had been continuously working during the FMLA/CFRA period. Leave approved under FMLA/CFRA will not constitute a break in service or cause an employee to lose seniority based on the amount of time the employee was away from work.
11.Military Caregiver Leave
Military caregiver leave is designed to allow eligible employees to care for certain family members who have sustained serious injuries or illness while on active duty. Within the single twelve (12) month period described above, an eligible employee may take a total of twenty-six (26) weeks of CFRA/FMLA leave, including up to twelve (12) weeks of leave for 107
any other CFRA/FMLA -qualifying reason (i.e., birth or adoption of a child, serious health condition of the employee or close family member, or a qualifying exigency). For example, during the single twelve (12) month period, an eligible employee may take up to sixteen (16) weeks of CFRA/FMLA leave to care for a covered service member when combined with up to ten (10) weeks of CFRA/FMLA leave to care for a newborn child.
Military caregiver leave applies on a per -injury basis for each service member.
Consequently, an eligible employee may take separate periods of caregiver leave for each covered service member and/or for each serious injury or illness of the same covered service member. A total of no more than twenty -six (26) workweeks of military caregiver leave, however, may be taken within any single twelve (12) month period.
12.Qualifying Exigency Leave
Employees who meet the eligibility standards set forth above are eligible to request qualifying exigency leave. Although qualifying exigency leave may be combined with leave for other FMLA -qualifying reasons, under no circumstances may the total leave exce ed twelve (12) weeks in any twelve (12) month period (with the exception of military caregiver leave as set forth above).
Eligible employees may take unpaid qualifying exigency leave to tend to certain exigencies arising out of the duty under a call or order to active duty of a covered military member (i.e., the employee's spouse, child or parent). Up to twelve (12) weeks of qualifying exigency leave is available in any twelve (12) month period, as measured by the same method that governs measurement of other forms of leave within this policy, with the exception of military caregiver leave, which is subject to a maximum of twenty-six (26) weeks of leave in a single twelve (12) month period. The maximum amount of qualifying exigency leave an employee may use to bond with a military member on short -term, temporary rest and recuperation during deployment is fifteen (15) days.
Persons who can be ordered to active duty include active and retired members of the armed forces, certain members of the retired Reserve and various other Reserve members, including in the Ready Reserve, Selected Reserve, Individual Ready Reserve, National Guard, state military, Army Reserve, Navy Reserve, Marine Corps Reserve, Air National Guard, Air Force Reserve and Coast Guard Reserve.
A call to active duty refers to a federal call to active duty, and state calls to active duty are not covered unless under order of the president of the United States pursuant to certain laws.
Qualifying exigency leave is available under the following circumstances:
A. Short-notice deployment: To address any issue that arises out of short notice (within seven (7) days or less) of an impending call or order to active duty. 108
B. Military events and related activities: To attend any official military ceremony, program or event related to active duty or a call to active-duty status, or to attend certain family-support or assistance programs and informational briefings.
C. Childcare and school activities: To arrange for alternative childcare; to provide child care on an urgent, immediate-need basis; to enroll a child in or transfer a child to a new school or day care facility; or to attend meetings with staff at a school or day care facility.
D. Financial and legal arrangements: To make or update various financial or legal arrangements or to act as the covered military member's representative before a federal, state or local agency in connection with service benefits.
E. Counseling: To attend counseling (provided by someone other than a health care provider) for the employee, the covered military member, or a child or dependent when necessary, as a result of duty under a call or order to active duty.
F. Temporary rest and recuperation: To spend time with a covered military member who is on short -term, temporary rest and recuperation leave during the period of deployment. Eligible employees may take up to fifteen (15) days of leave for each instance of rest and recuperation.
G. Post-deployment activities: To attend arrival ceremonies, reintegration briefings and events, and any other official ceremony or program sponsored by the military for a period of up to ninety (90) days following termination of the covered military member's active-duty status. This also encompasses leave to address issues that arise from the death of a covered military member while on active-duty status.
H. Mutually agreed leave: Other events that arise from the close family member's call or order to active duty, provided that the City and the employee agree that such leave shall qualify as an exigency and agree to both the timing and duration of such leave.
13. Exhaustion of Leave
If an employee’s illness or injury requires a leave of absence for more than twelve ( 12) weeks, the City will, with satisfactory medical evidence, extend the employee’s leave for an additional fourteen (14) weeks for a total of twenty-six (26) weeks in a twelve (12) month period. The city will extend the employee’s reinstatement rights through the end of the 26 week period as long as the employee can perform the job with or without reasonable accommodation. At the end of the twenty-six (26) week period, the city may extend the leave for an additional twenty-six (26) weeks for a total of fifty-two (52) weeks of leave; however, the employee will not retain reinstatement rights. The City may at this time fill the employee’s position. Typically, at the end of the fifty-two ( 52) week period, if the employee is unable to return to work with or without reasonable accommodation or if there is not a position available the employee’s employment will be terminated.
F. PREGNANCY DISABILITY LEAVE AND ACCOMMODATIONS
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1. Eligibility
Any employee who is disabled because of pregnancy, childbirth, or a related medical condition may be entitled to pregnancy disability leave (PDL). For employees who are also eligible for FMLA/CFRA leave, PDL is not counted as time used for CFRA leave but does run concurrently with available FMLA leave.
2. Reasons for Leave
PDL is for any period of actual disability caused by your pregnancy, childbirth, or related medical conditions up to four (4) months per pregnancy. PDL does not need to be taken in one continuous period of time but can be taken on an as needed basis. Time off needed for prenatal care, severe morning sickness, doctor -ordered bed rest, childbirth, and recovery from childbirth are all covered by PDL.
3. Amount of Leave
Employees may take up to four (4) months of PDL. Employees affected by pregnancy or a related medical condition may also be eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if this transfer is medically advisable.
4. Benefits While on Leave
a. Benefits. PDL is an unpaid leave. However, will receive benefits pursuant to FMLA up through exhaustion of the employee’s available FMLA and PDL leave. b. Accrued Leaves. While on unpaid leave, employees do not accrue vacation, sick, or other paid leave time, and their performance evaluation dates may be adjusted to the same extent as any other unpaid leave.
5. Substitution of Paid Accrued Leaves
Employees taking PDL shall concurrently use any available sick leave. Employees shall also use any accrued vacation or other accrued time off as part of their PDL before taking the remainder of their leave as unpaid leave.
6. Employee Notice of Leave
To the extent possible, employees requesting PDL should follow the same authorization process for FMLA as outlined in Section E (Family and Medical Leave Act).
7. Medical Certification
The City may require employees requesting PDL or a related accommodation to obtain a certification from a health care provider of their pregnancy disability or the medical advisability of a need for accommodation. The certification should include:
a. The date on which the employee became disabled due to the pregnancy or the date of the medical need for an accommodation;
b. The probable duration of the period of disability or accommodation; and 110
c. A statement that, due to the disability, the employee is unable to work at all or to perform any one or more of the essential functions of their position without undue risk to the employee , the successful completion of the pregnancy, or to other persons.
8. Reinstatement Upon Return from Leave
a. Reinstatement to Position. Upon expiration of leave, an employee is entitled to be reinstated to the position of employment held when the leave commenced, or to an equivalent position with equivalent employment benefits, pay, seniority, and other terms and conditions of employment. Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the PDL period.
b. Fitness for Duty Certification. As a condition of reinstatement, the employee must obtain and present a fitness for duty certification from the health care provider that the employee is able to resume work in the position sought. Failure to provide such certification will result in denial of reinstatement.
9.Pregnancy Disability Accommodation
The Pregnant Workers Fairness Act (PWFA) is enforced by the Equal Employment Opportunity Commission and requires covered employers to provide “reasonable accommodations” to employees who have known limitations related to pregnancy, childbirth, or a related medical condition, unless the accommodation will cause the City an undue hardship.
Examples of possible accommodations include:
• Allow a stool or chair during workshift;
• Receive closer parking;
• Have flexible hours;
• Receive appropriately sized uniforms and safety apparel; • Receive additional break time to use the bathroom, eat, and rest; • Take leave or time off to recover from childbirth;
• Be excused from strenuous activities and/or activities that involve exposure to compounds not safe for pregnancy.
10. Lactation Accommodation
The City recognizes the importance of breastfeeding and supports employees who need additional time and space in order to express milk. The City will provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s infant child. The break time shall, if possible, run concu rrently with any break 111
time already provided to the employee. Break time for an employee that does not run concurrently with the regular break time shall not be paid.
The City will provide the employee with a room, other than a bathroom, or other location in close proximity to the employee’s work area , shielded from view, for the employee to express milk in private as well as access to a sink with running water, and a refrigerator or cooler for storing breast milk. A room provided for this purpose:
• Will be safe, clean, and free of hazardous materials
• Will be free from intrusion
• Contain a surface to place a breast pump and personal items • Contain a place to sit
• Have access to electricity or alternative devices, including, but not limited to, extension cords or charging stations, needed to operate an electric or battery - powered breast pump
An employee may request an accommodation for lactation breaks by submitting a request to the Division of Human Resources.
G.REPRODUCTIVE LOSS LEAVE
California law allows eligible employees who experience a reproductive loss event to take up to 5 days of unpaid time off work. A reproductive loss event is defined as the day or for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. Employees who have been employed with the City for 30 days are eligible. Employees may utilize other paid leave accruals during this leave. Eligible employees are entitled to up to 5 days for each reproductive loss event during each 12-month period up to a maximum of 20 days.
H.CATASTROPHIC LEAVE
It is the policy of the City of Redlands to permit employees to contribute a portion of their accrued leave credit to another employee when such employee is on approved leave of absence due to a verifiable illness or injury.
1. Provisions
Participation in the plan is voluntary.
For the purposes of this leave program, “catastrophic” shall be interpreted to include an illness or event which is devastating, unexpected, immediate in nature, and which is expected to preclude the employee from returning to work for an extended period of time.
The City reserves the right to request supporting documentation.
The receiving employee must be or have been absent from work due to injury or illness and have exhausted all earned leave credits, including but not limited to, sick leave, vacation leave, holiday leave, comp time, executive leave, etc., and is, therefore, facing financial hardship. A determination on sick leave accruals shall be made on a case-by-case basis in accordance with the Family Medical Leave Act (FMLA).
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The hours shall be deducted from the donor’s leave balance, converted to dollars and used to compensate the recipient at the recipient’s regular rate of pay. Donations shall be listed in the order in which they are received by the Division of Human Resources. Each pay period, a sufficient number of donor hours shall be converted and used to compensate the recipient. Unconverted donations shall revert to the donor.
If sick leave is contributed:
a. The donor’s balance cannot drop below two-hundred (200) hours; and, b. Sick leave hours donated shall not count as hours used for the purposes of sick leave buy back.
c. Donations shall be made in whole hour increments.
d. Donated hours are irrevocable.
e. The recipient must have been employed with the City for at least six months of continuous service.
f. Requests may be initiated by the employee or on behalf of the employee, recommended by the Department Director with the agreement of the Human Resources Director and final approval by the City Manager. g. The total number of hours donated to an employee shall not exceed the length of the approved leave of absence.
I. JURY DUTY AND WITNESS LEAVE
All employees in the competitive service who are required to serve on a jury shall be entitled to regular compensation. Employees released early from jury duty shall immediately report back to their normal work assignment.
An employee who is subpoenaed to appear in court in a matter regarding an event or transaction which he or she perceived or investigated in the course of his or her employment with the City shall be allowed to do so without loss of compensation, unless it is the employee’s own lawsuit.
An employee subpoenaed to appear in court in a matter unrelated to his or her official capacity, or who is appearing in court in a matter initiated by the employee, shall be permitted time off without pay, or if the employee chooses, to use accrued vacation for this purpose.
J. MILITARY LEAVE
Military leave will be granted as required by law. Prior to taking such leave, an employee shall present a copy of their military orders to the Department Director. Benefits shall continue to accrue to the extent required by law.
K. PERSONAL LEAVE
At the sole discretion of the City, an employee may be granted a personal leave of absence upon the recommendation of the Department Director and the approval of the City Manager. The City may fill the position with a temporary or provisional employee during the term of the leave of absence or 113
undertake any other appropriate measures to address workload needs. The employee shall take any available accrued leaves as compensation during a personal leave of absence.
1. Authorization
Employees requesting a personal leave of absence must submit the request in writing to their Department Director. The request should state the reason for the leave and the anticipated beginning and ending dates of the leave. The Department Director will submit the request along with his or her recommendation to the City Manager. The City Manager will make a decision in writing and transmit the decision to the employee. The decision of the City Manager shall be final and is not subject to grievance or appeal. The City Manager’s determination will include, but is not limited to, the following factors:
a. Any history of excessive unauthorized absences or leave abuse; b. Any detrimental effect on the operation of the department/division; and c. The reason for the leave of absence. Examples of reasons that may be considered are:
i. To take a course of study that will increase the employee’s usefulness or effectiveness to the city
ii. Other personal or family related reasons.
Use of the leave for a purpose other than that requested may be cause for forfeiture of reinstatement rights or disciplinary action, up to and including termination.
2. Length of Leave and Extension
Leaves of absence shall not exceed thirty (30) days, however, the City Manager reserves the right to extend the leave at their sole discretion for an additional period, not to exceed six (6) months. Employees requesting a leave extension must submit a written request no later than fourteen (14) days prior to the approved expiration of the original leave. Employees that are granted an extended leave will be responsible for full payment of any benefit premiums.
3. Return from Leave
When an employee intends to return from an authorized leave of absence, either before or upon the expiration of such leave, the employee shall contact the Department Director at least fourteen (14) days prior to the planned day of return. The Department Director shall promptly notify the Division of Human Resources of the employees’ intention. Failure of an employee to abide by this notification procedure or to report for work promptly on the date of leave expiration shall be grounds for discipline up to and including termination.
4. Adjustments to Accrual of Benefits
Sick leave, holidays, and vacation leave will not accrue during any unpaid leave time, unless otherwise expressly provided for in an applicable MOU. Employees on unpaid leave will be responsible for any benefit premiums during their leave of absence.
XI. RISK MANAGEMENT
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A. WORKERS’ COMPENSATION
1. Reporting Procedure
a. Any employee who is injured while on duty must immediately report the injury or illness to their immediate supervisor. The supervisor will provide the employee with the appropriate forms and turn the completed forms into Human Resources within 24 hours of the injury. In the event the employee is physically incapacitated, the supervisor shall complete and forward all forms and reports to Human Resources within 24 hours following the injury.
b. The Division of Human Resources shall authorize medical treatment for the employee at the City’s occupational medical clinic. An employee may seek medical treatment from his or her own physician if they have been previously designated and on file in Human Resources.
B. CIVILIAN EMPLOYEES
1. Use of Paid Accrued Leaves
If an employee is directed by the City’s physician or the employee’s physician to be absent from work due to the work-related injury the employee will be required to use their accrued leave time for compensation for the first three days of time off from work.
If it is determined that the employee is temporarily disabled and is ordered to be off work for more than fourteen (14) days, or has restrictions that the City cannot accommodate, the temporary disability payment, as required by the Workers’ Compensation Act, will go back to the date of injury.
An employee shall apply pro -rated accrued sick leave, vacation leave or comp time to an absence and to receive compensation equal to the difference between the compensation which the employee is entitled under the Workers’ Compensation Act and their regular City salary, not to exceed the amount of earned leave time. If the employee does so elect and has applied accrued leave to such absence, then he/she shall be entitled to receive compensation for absences following and related to the occurrence of a specific injury until sick leave is exhausted.
2. Benefits
Any employee shall continue to accrue vacation, holidays and sick leave and to earn eligibility for consideration for merit salary increases during an absence resulting from a work-related injury so long as the employee receives compensation payments under the provisions of the Workers’ Compensation Act. A probationary employee shall be entitled to the same benefits as a regular employee, except the probationary employee shall not continue to earn eligibility for consideration for merit salary increases or regular status.
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Medical care and payment for permanent disabilities incurred in the course of employment shall be as prescribed by the Workers’ Compensation Act.
C. SWORN EMPLOYEES
Whenever a sworn peace officer or firefighter, or other employee eligible under Labor Code Section 4850, sustains a work related or industrial injury while actively engaged in law enforcement he/she shall receive compensation as provided under the Workers’ Compensation Act and/or Labor Code provided under State Law. Such employee shall be placed on leave of absence at full salary and shall be paid by the City as long as required by Section 4850 and related Sections of the Labor Code. During the time the City is required to pay and actually pays, the employee shall not be entitled to receive any temporary disability payment under the Workers’ Compensation Act, and the City shall be entitled to receive all payment which would otherwise be payable to such employee for such temporary disability or upon retirement.
D. LONG-TERM ILLNESS AND LABOR CODE SECTION 4850 APPOINTMENTS The Division of Human Resources may declare a position temporarily vacant due to the absence of an employee on leave pursuant to Labor Code Section 4850 or on long-term illness leave and the position may be filled by a temporary or interim appointment. A person appointed to the position shall sign a statement acknowledging that:
• The appointment is temporary only, with no attainment of regular status; and • If already employed by the City, the appointment will revert to their original position and salary range upon notice from the HR Director.
E.MODIFIED DUTY
When a City employee is being treated for a work or non -work related injury or illness and is determined fit by the City approved treating physician to return to work on a temporary basis with modified duties or tasks, the City will make every attempt to return the employee to work in a modified duty status. All such modified duty work assignments are to be within the limitations as described by the City approved physician who is qualified to render an opinion on the worker’s physical abilities.
Modified duty assignments for miscellaneous employees typically will not exceed sixty (60) days. For safety employees only, modified duty assignments typically will not exceed twelve (12) months. Due to staffing restrictions in some areas, light or modified dut y may not be available. The determination of the availability of light or modified duty assignments will be made by the Department Director and the Division of Human Resources.
In the event an employee refuses the modified duty offered, and the employee satisfies the restrictions and ability to perform the modified duty, the City is not obligated to provide an alternative position. In such cases, Human Resources will notify the insurance carrier of the employee’s refusal of the modified duty.
Any employee returning to modified duty must not exceed the duties of the position or go beyond the doctor’s restrictions. If any medical restrictions change, the employee must immediately notify his or 116
her supervisor and provide Human Resources with a copy of the new medical release within twenty- four (24) hours.
Supervisors will monitor work performance to ensure the employee does not exceed the requirements set by the attending physician.
F.CHECK IN PROCEDURES
During the period of time that an employee is off work due to an industrial injury, the department may require the employee to check in with the Division of Human Resources on a regular basis.
G.ACCIDENT REPORTING, RECORDING AND ANALYSIS
The elimination of incidents, accidents, and injuries is a goal of the City of Redlands. In order to achieve this goal, a well - established system of reporting and recording vehicle and equipment accidents has been developed.
1. Definition
An accident is an unplanned event that results in personal injury or property damage. An incident is an unplanned event that does not result in a personal injury but may result in property damage or is worth of recording.
2. Procedures for reporting accidents/injuries/incidents a. If life threatening, call 911 immediately;
b. Notify the Division of Human Resources immediately;
c. Notify supervisor;
d. Complete all forms required by the City’s safety policies and Injury and Illness Prevention Program. Forms must be submitted to the Division of Human Resources within twenty-four (24) hours;
Employees using personal vehicles while on duty shall follow this policy and comply with these reporting procedures.
3. Supervisors’ Responsibilities
If the employee is not able to complete the above information, the supervisor or their designee shall be dispatched to the accident to obtain the above information and complete the forms. In addition, the supervisor shall:
a. Notify HR and arrange transportation for employees required to submit to a drug and alcohol screening immediately after an accident;
b. Consult with Risk Management to determine whether a drug and alcohol screening is necessary;
c. Consult with Risk Management for all accidents involving moving violations and require a full police report.
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4. Employee Responsibilities
a. Submit to a drug and alcohol screening for all accidents involving a moving violation. Safety personnel may be exempt from drug testing requirements of this policy; and
b. Comply with the instructions issued by the supervisor, Risk Management, and/or safety personnel.
5. Risk Management Responsibilities
a. Ensure all relevant information is received;
b. Conduct a thorough investigation to provide recommendations; and c. Complete forms as required by the Department of Motor Vehicles, Department of Transportation, and/or any other agency.
6. Accident Reports and Records
All accidents shall be reported to provide the City with an overall summary of events. A Report of Incident, Accident, or Injury Form shall be used to record pertinent information.
The report shall include the following information:
a. Date and time of accident
b. Name of employee(s)
c. Department
d. Vehicle identification number
e. Location of accident
f. Brief description of accident
g. Fatalities and/or injuries
h. Property damage
i. Physical damage to City property
j. Photographs
If a Report of Incident, Accident or Injury form is not available the employee or supervisor is required to gather and record the above information using an alternative format.
7. Accident Investigation
A thorough investigation shall be conducted to determine the primary cause of any injury, accidents, or incidents involving city vehicles and equipment. The investigator shall determine how the accident occurred, what physical evidence might be available, and obtain witness statements. The investigator shall gather information to reconstruct the events leading to the accident and should record those facts for future reference.
Contributing factors shall also be identified. Such an investigation helps to show the basic conditions responsible and point out the area(s) in which either specific or general corrective action should be taken. The information derived from the accident analysis 118
should be used constructively to educate employees or change procedures in an effort to prevent future occurrences. This information may also be used to identify remedial training needs.
8. Disciplinary Action
Any driver involved in an accident involving a City owned vehicle or piece of equipment and found to be negligent may be required to complete a driver safety training course and subject to disciplinary action, up to and including termination.
City Council Meeting K. 6.
DATE: 04/15/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of the Public Work Construction Contract with Liftech Elevator Services for an amount not to exceed $251,000 for the A.K. Smiley Library Lower Level Revive, Phase 1 project, and determination that the project is exempt from environmental review pursuant to Section 15301 of the State's guidelines implementing the California Environmental Quality Act (A.K. Smiley Library Director McCue)
MOTION(S):
If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:
I move that the City Council determine approval of the contract and construction of the A.K. Smiley Lower Level Revive, Phase 1 Project is categorically exempt from environmental review in accordance with Section 15301 of the State’s guidelines implementing the California Environmental Quality Act; and
1. I move that the City Council approve the A.K. Smiley Lower Level Revive, Phase 1 Project, and award a Public Work Contract to Liftech Elevator Services for an amount not-to-exceed $251,000.
2. RECOMMENDATION:
Staff recommends that the City Council determine that the Project is categorically exempt from environmental review in accordance with Section 15301 of the State's guidelines implementing the California Environmental Quality Act. Staff further recommends the City Council to approve the Public Works Construction Contract with Liftech Elevator Services, an amount not to exceed $251,000, for the A.K. Smiley Library Lower Level Revive, Phase 1 project.
DISCUSSION:
The State of California Budget Act of 2021 (SB 129, Chapter 69, Statutes of 2021) allocated $439 million in one-time funds to the California State Library to address life safety and critical maintenance needs of public library facilities throughout California. In 2022, the City applied for a $1.6 million grant from that source to repurpose the lower level of A.K. Smiley Public Library, which is underutilized due to its limited functionality and unreliable elevator.
The State Library did not fully approve that request, instead it awarded a $445,035 grant focused on improving access. The project was designated the A.
K. Smiley Public Library Lower Level Revive (FCS06022023JN). Although the grant did fund engaging the services of an architect to redesign the entire publicly accessible portion of lower level, only the replacement of the elevator and the WON fire shutter, along with the requisite demolition and removal work, was authorized.
The terms of the grant required a 50% match commitment on the part of the City, which was approved at the June 7, 2022, City Council Meeting and $200,000 each year was included for this purpose in the FY2022-2023 and FY 2023-2024 budgets. At the October 3, 2023, City Council meeting, the City Council approved a professional services agreement with Architectural Resources Group, Inc. for architectural design and engineering services associated with the Lower Level Revive project. Architectural Resources Group, prepared the plans and specifications, and staff advertised the construction phase of the project on November 7, 2024. On December 5, 2024, the City Clerk’s office received the following bids:
BID OPENING REPORT SUMMARY
Bidder Bid Schedule Total Price
1. Liftech Elevator Services, Signal Hill, CA $251,000.00
2. Fujitec, Torrance, CA, $314,306.00
Each bid was reviewed by staff to determine responsiveness to bid requirements and Liftech Elevator Services was determined to be the lowest responsive bidder. Staff recommends awarding a Construction Contract to Liftec Elevator Services for an amount not-to-exceed $251,000. The Project will be completed within one hundred twenty (120) working days after the date of issuance of a Notice to Proceed to the Contractor.
This Project is categorically exempt from environmental review in accordance with Section 15301 of the State’s guidelines implementing the California Environmental Quality Act.
ALTERNATIVES:
City Council may deny the staff recommendation.
STRATEGIC PLAN:
By improving access to the library's lower level, this project improves the Quality of Life for the residents of Redlands.
SUBMITTED BY:
Don McCue, A.K. Smiley Library Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Tabitha Crocker, Facilities and Community Services Director PREPARED BY:
Don Craw, Facilities and Community Services Sr. Manager Fiscal Impact
Fiscal Year: 2025
Revenue Generating: N
Appropriation Required Y/N: N
Amount: $276,100
Budgeted Y/N: Y
Discussion:
This project is grant-funded and included in the current Library Budget. Total project cost will be $276,100 ($251,000 plus 10% contingency) Attachments
A. Liftech Contract
B. Bid Opening Report
C. Bid Analysis
1 I:\cmo\Agreements\Liftech_PW_Contract-FY25-0042.doc-jm
PUBLIC WORK CONSTRUCTION CONTRACT
This Public Work Construction contract (“Contract”) is made and entered into this 15th day of April, 2025, by and between the City of Redlands, a municipal corporation, organized and existing under the laws of the State of California (hereinafter “City”), and Liftech Elevator Services (hereinafter "Contractor"). City and Contractor are sometimes individually referred to herein as a “Party” and, together, as the “Parties.”
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
1. SCOPE OF WORK: Contractor shall furnish all materials and will perform all of the work for the following: A.K. Smiley Public Library Lower Level Revive, Phase 1 , complete all items as required by the Contract Documents (as herein defined) and Specifications for City’s A.K. Smiley Public Library Lower Level Revive Phase 1 (the “Work”).
2. CONTRACT SUM: City shall pay Contractor the sum of two hundred fifty one thousand dollars ($251,000) as consideration for its performance of the Work in accordance with the terms and conditions set forth in the Contract Documents. Pursuant to Public Contract Code Section 22300, Contractor has the option to deposit securities with an escrow agent as a substitute for retention of earnings required to be withheld by City pursuant to an escrow agreement as set forth in Public Contract Code section 22300.
3. TIME FOR COMPLETION: The Work shall be completed within one hundred twenty (120) working day(s) as defined in Section 1 -2 of the Standard Specifications for Public Works Construction “Greenbook” from and after the date of City’s issuance of a Notice to Proceed to Contractor.
4. LIQUIDATED DAMAGES: Contractor’s failure to complete the Work within the time allowed will result i n damages being sustained by City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. Accordingly, Contractor shall pay to City, or have withheld from monies due to Contractor, the sum of five hundred dollars ($500) for each working day as defined in Section 1 -2 of the Standard Specifications for Public Works Construction “Greenbook” in excess of the specified time for completion of the Work. Execution of this Contract shall constitute agreement by City and Contractor that five hundred dollars ($500) per day is the estimated damage to City caused by the failure of Contractor to complete the work within the allowed time. Such sum is liquidated damages and shall not be construed as a penalty, and may be deducted from payments due Contractor if such delay occurs.
5. CONTRACT DOCUMENTS: This Contract incorporates by reference the following: Notice Inviting Bids, Instructions to Bidders, Contractor’s Proposal, Bid Bond, Agreement, Performance Bond, Labor and Material Bond, Plans, General Conditions, Special Provisions and Specifications, and any addenda thereto (collectively, the “Contract Documents”).
6. ATTORNEYS' FEES: In the event any action is commenced to enforce or interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys’ fees, including fees for use of in-house counsel by a Party.
2 I:\cmo\Agreements\Liftech_PW_Contract-FY25-0042.doc-jm
7. RESOLUTION OF CONSTRUCTION CLAIMS: Claims by Contractor in the amount of three hundred seventy five thousand dollars ($375,000) or less shall be made by Contractor and processed by the City pursuant to the provisions of Part 3, Chapter 1, Article 1.5 of the Public Contract Code (commencing with Section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. Nothing in subdivision (a) of Public Contract Code Section 20104.2 shall extend the time limit or supersede the notice requirements provided in this case from filing claims by Contractor.
8. ELIGIBILITY OF CONTRACTOR/SUBCONTRACTOR: Contractor and all of its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.
9. ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or interests under this Contract shall be binding on another Party without the written consent of the Party sought to be bound.
10. SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their respective successors and assigns in respect to all covenants, agreements, and obligations contained in the Contract Documents.
11. SEVERABILITY: Any provision or part of the Contract Documents held to be void or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor.
[Signatures on next page]
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IN WITNESS WHEREOF, the Parties hereto have executed this Contract the day and year first written above.
CITY OF REDLANDS
(SEAL)
By:____________________________________
Mario Saucedo, Mayor
ATTEST:
____________________________________
Jeanne Donaldson, City Clerk
(SEAL)
__________________________________________
Name of Contractor
By:_______________________________________
Signature of Authorized Agent
__________________________________________
Title
__________________________________________
Signature of Authorized Agent (if necessary)
__________________________________________
Title
__________________________________________
Contractor's License No.
4 I:\cmo\Agreements\Liftech_PW_Contract-FY25-0042.doc-jm
WORKER'S COMPENSATION INSURANCE CERTIFICATION
Description of Contract: City of Redlands
Facilities and Community Services Department
A.K. Smiley Public Library Lower Level Revive, Phase 1
Project No. FCS110724DC
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
a. By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. b. By securing from the Director of Industrial Relations, a certificate of consent to self - insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
Dated this day of , 2025. _____________________________________
(Contractor)
_____________________________________
(Signature)
_____________________________________
(Official Title)
(SEAL)
(Labor Code Section 1861 provides that the above certificate must be signed and filed by the Contractor with the Owner prior to performing the work of the contract.)
5 I:\cmo\Agreements\Liftech_PW_Contract-FY25-0042.doc-jm
FAITHFUL PERFORMANCE BOND
Whereas, the City of Redlands (“City”), State of California, and ______________ (hereinafter designated as "Principal") have entered into an agreement dated _____, 2024 (“Agreement”) whereby Principal agrees to install and complete certain public improvements (the “Work”), which said Agreement is identified as A.K. Smiley Public Library Lower Level Revive Phase 1 and is hereby referred to and made a part hereof; and
Whereas, said Principal is required under the terms of the Agreement to furnish a bond for the faithful performance of the Work, now, therefore, we, the Principal and , Liftech Elevator Services as Surety, are held and firmly bound unto the City in the penal sum of two hundred fifty one thousand dollars ($251,000) lawful money of the United States, for the payment of which sum we bind ourselves, and our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Agreement and any alteration thereof made as therein provided, on his or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall faithfully fulfill the one -year guarantee of all materials and workmanship, and shall defend, indemnify and save harmless the City and its elected officials, officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligations, all to be taxed as costs and included in the judgment rendered.
As a condition precedent to the satisfactory completion of the Work, the above obligation shall hold good for a period of one (1) year or longer if required by the Agreement after the acceptance of the work by the City, during which time if the Principal shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage made evident during this period from the date of completion of the Work, and resulting from or caused by defective materials or faulty workmanship, the above obligation in penal sum thereof shall remain in full force and effect. The obligations of Surety hereunder shall continue so long as any obligation of the Principal remains.
Whenever the Principal shall be, and is declared by the City to be, in default under the Agreement, the City having performed the City obligations thereunder, the Surety shall promptly remedy the default, or shall promptly, at the City’s option:
1. Complete the Work in accordance with its terms and conditions; or
2. Obtain a bid or bids for completing the Work in accordance with its terms and conditions, and upon determination by Surety of the lowest responsive and responsible bidder, 6 I:\cmo\Agreements\Liftech_PW_Contract-FY25-0042.doc-jm
arrange for a contract between such bidder and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Work less the balance of the Agreement price, but not exceeding, including other costs and damages for which Surety may be liable hereunder, the amount set forth above. The term “balance of the Agreement price,” as used in this paragraph, shall mean the total amount payable to the Principal by the City under the Agreement and any modifications thereto, less the amount previously properly paid by the City to the Principal.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Principal.
Surety shall not utilize the Principal in completing the Work nor shall Surety accept a bid from the Principal for completion of the Work if the City, when declaring the Principal in default, notifies Surety of the City’s objection to the Principal’s further participation in the completion of the Work.
No right of action shall accrue on the bond to or for the use of any person or corporation other than the City named herein or the successors or assigns of the City. Any suit under this bond must be instituted within the applicable statute of limitations period.
The said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications.
No final settlement between the City and the Principal shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.
The Principal and Surety agree that if the City is required to engage the services of any attorney in connection with the enforcement of this bond, each shall pay the City’s reasonable attorneys’ fees incurred, with or without suit, in addition to the above sum.
In witness whereof, this instrument has been duly executed by the Principal and Surety above named, on , 2025.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:___________________________________
__________________________________________
(Seal and Notarial Acknowledgment of
Surety)
Telephone ( )___________________________
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LABOR AND MATERIAL BOND
Whereas, the City Council of the City of Redlands, State of California, and ________________ (hereinafter designated as “Principal”) have entered into an agreement (the “Agreement”) whereby Principal agrees to install and complete certain designated public improvements (the “Work”), which said agreement, dated April 1 , 20 25, and identified as A.K.
Smiley Public Library Lower Level Revive Phase 1 is hereby referred to and made a part hereof; and
Whereas, under the terms of the Agreement, Principal is required before commen cing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of two hundred fifty one dollars ($251,000) for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on _______________________, 2025.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:_____________________________
(Seal and Notarial Acknowledgement of Surety) ____________________________________ Telephone: ( )___________________
PROJECT NO. FCS110724DC BID DATE: 5-Dec-2024
A.K. Smiley Public Library Lower Level Revive, Phase 1 EST. START DATE: 2-Apr-2025 Unit Price Item Price Unit Price Item Price
1 Construction of Phase 1 of the A.K. Smiley
Library Lower Level Revive per plans,
specifications, and scope memorandum
1 LS $251,000.00 $251,000.00 $314,306.00 $314,306.00
Last Minute Additions/Deductions
Total Bid
CITY OF REDLANDS
FACILITIES AND COMMUNITY SERVICES DEPARTMENT
BID ANALYSIS
Item
No. Bid Item Quantity Unit Liftech Elevator Services Fujitec $251,000.00 $314,306.00
Sheet 1 of 1
City Council Meeting K. 7.
DATE: 04/15/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of Resolution No. 8676 Establishing a Business License Amnesty and Compliance Program (Management
Services/Finance Director Garcia)
MOTION(S):
If the City Council determines that the staff’s recommendation is appropriate, the following motion is provided:
I move to adopt Resolution No. 8676
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution No. 8676.
DISCUSSION:
Background
In December 2022, the Revenue Division initiated efforts to streamline the City's internal business license workflow and developed a "How to Start a Business in Redlands" guide to assist local businesses in obtaining a city business license.
During this process, it became evident that many businesses lacked awareness of the City’s business license requirements, with some businesses operating without the necessary license.
An audit conducted by Hinderliter De Llamas & Associates (HdL) suggests that hundreds of businesses within the City of Redlands may be operating without a business license. HDL collects data in two ways. The first is through government-owned databases, such as tax remittance filings, fictitious business names, and information filed with the Secretary of State. The second method is pulled from open-source databases on the internet, i.e., websites like Google Maps, Yelp, and Angie’s List to locate businesses operating within the City. In response, the Revenue Division collaborated with affected City departments, HdL and the Redlands Chamber of Commerce to develop an Action Plan aimed HdL and the Redlands Chamber of Commerce to develop an Action Plan aimed at increasing community awareness regarding business license requirements and compliance.
Proposed Amnesty and Compliance Program
The proposed Amnesty and Compliance Program seeks to create a more business-friendly environment while improving compliance with the City’s business licensing requirements. The program includes the following key components:
Amnesty Period (May 1, 2025 –October 31, 2025): During this six-month period, penalties for late business license payments will be waived for businesses that apply or renew their licenses. New or delinquent businesses with business license tax outstanding must pay the business license tax for the current year and up to the two prior years, depending on the business start date.
Departmental Review: Businesses requiring departmental review, permits, or inspections will have up to six months from the date of their initial application to complete the business license process, and any requirements pertaining to building permits and/or inspections, in order to qualify for a penalty waiver.
Educational Campaign: A proactive outreach initiative will be launched to inform businesses about the licensing process and tax requirements.
Information will be distributed via the City’s website, social media, direct mail, and the Redlands Chamber of Commerce. The information that will be distributed will be distributed and paid for by HdL.
Additional Reminder Notices: The current practice includes multiple email and mailed notices before penalties are applied. The revised process will introduce two automated phone call reminders to further encourage compliance.
Compliance Program: The City has not had an active business license compliance program since 2017. This program aims to help businesses achieve compliance without the burden of penalties.
Revenue Projection
HdL has successfully implemented similar business license compliance programs in 17 cities across the Riverside and San Bernardino County areas, including Corona, Fontana, Ontario, and Upland. Based on previous outcomes in these cities, HdL anticipates a similar result for the City of Redlands.
HDL projects that the implementation of the Amnesty and Compliance Program could net an estimated $725,000 in additional revenue, which equates to about 12% of the City’s current business license revenue. Additionally, over the past three years, the City has collected an average of $136,579 annually in late fees.
During the six-month Amnesty Program, these fees would be waived. As a result, the City expects to see a significant increase in the number of businesses applying for a business license during this period.
The proposed Amnesty and Compliance Program represents a strategic effort to enhance business compliance while supporting local businesses. By waiving penalties and improving outreach, the City aims to encourage business retention, new business development, and long-term economic growth.
ALTERNATIVES:
The City Council may choose to reject, modify or table the proposed resolution.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
Danielle Garcia, Management Services/Finance Director
RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
PREPARED BY:
Whitney Mesna, Administrative Analyst
Aimee Hoover, Revenue Manager
Fiscal Impact
Fiscal Year: FY 24/25
Discussion:
The implementation of the Amnesty and Compliance Program is expected to generate a one-time increase in business license revenue over the six-month amnesty period. Based on projections from HDL, the program could result in an estimated net revenue increase of up to $725,000, which represents approximately 12% of the City’s current annual business license revenue.
HDL’s fees for identifying non-compliant businesses and assisting with program implementation will be deducted as a percentage of the collected business license tax. These fees are one-time in nature and are structured as follows:
New businesses opening on or after the current date will be required to pay current-year license fees only. A 14% processing fee will be deducted from the collected business license tax before the remaining amount is remitted to the City.
Businesses that are out of compliance, applying for a new license, or renewing an expired license will be responsible for paying prior-year license renewal fees. A one-time 40% processing fee will be deducted from the collected business license tax before remittance to the City.
Despite these fees, the net financial impact remains positive, as the program is expected to recover unpaid business license taxes that might otherwise go uncollected. Additionally, by increasing long-term compliance and awareness, the program may contribute to a more sustainable and predictable business license revenue stream beyond the amnesty period. This initiative is expected to be self-sustaining, with no additional City funds required for implementation, as HDL will cover the costs of outreach and educational materials.
Attachments
Resolution No. 8676 Business License Amnesty & Compliance Action Plan to Implement Business License Amnesty & Compliance 1 I:\cmo\Resolutions\8676_Business_License_Amnesty_&_Compliance_Program.docx-jm2
RESOLUTION NO. 8676
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REDLANDS ESTABLISHING A BUSINESS LICENSE AMNESTY AND
COMPLIANCE PROGRAM
WHEREAS, the City of Redlands requires all businesses operating within the city, including rental property owners, independent contractors, and home -based businesses, to obtain a business license and pay the associated business license tax; and
WHEREAS, an audit conducted by Hinderliter De Llamas & Associates (HDL) has potentially identified hundreds of businesses operating in the City of Redlands without a valid business license; and
WHEREAS, the City recognizes that some businesses may be unaware of the business license requirements and seeks to support them through an educational campaign designed to provide guidance and assistance in the licensing process; and WHEREAS, the City has inherent authority to determine how to enforce its ordinances, including its business license ordinance, as long as such enforcement is accordance with laws such as equal protection and conflict -of-interest requirements (Cal.
Const., art. XI, § 7); and
WHEREAS, HDL projects that the proposed Amnesty and Compliance Program could generate an estimated $ 725,000 in additional revenue, which equates to 1 2% of the City’s current business license revenue; and
WHEREAS, the Amnesty and Compliance Program aims to create a more business - friendly environment, educating and encouraging business retention and new business development, and enhance the City’s long-term economic growth; and WHEREAS, eligibility to benefit from the program is based on neutral criteria that comply with all relevant equal protection and conflict-of-interest requirements; and WHEREAS, the program includes an educational campaign, expanded outreach efforts, and enhanced online services to facilitate compliance and streamline the business licensing process; and
WHEREAS, the City Council finds that limiting business license tax liability under the Amnesty and Compliance Program to the current year and up to two prior years, rather than three, strikes a fair balance between encouraging participation, recovering out standing tax revenue, and reducing the financial burden on businesses.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:
Section 1. The City Council hereby adopts the City of Redlands Business License Amnesty Program attached hereto and incorporated by reference herein as Exhibit “A”.
ADOPTED, SIGNED AND APPROVED this 15th day of April, 2025.
Mario Saucedo, Mayor
ATTEST:
Jeanne Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 15th day of April 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Jeanne Donaldson, City Clerk
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EXHIBIT A
City of Redlands Business License Amnesty Program
Program Overview:
The City of Redlands will implement a 6-Month Business License Amnesty Program to promote business license compliance by waiving penalties for eligible businesses. This one-time program offers businesses the opportunity to renew outstanding licenses or obtain a business license for the first time without incurring penalty fees.
Amnesty Program Period:
The Amnesty Program will run for six months, from May 1, 2025, to October 31, 2025.
Eligibility and Program Details:
• Penalty Waiver: Businesses may renew an outstanding business license or obtain a first- time business license without paying any penalty fees.
• Business License Fees: Businesses are still responsible for paying all current business license fees and business license taxes. Only penalty fees will be waived. • Payment of Past Fees: New or delinquent businesses with outstanding business license tax fees must pay the business license tax for the current year and up to the prior two years, depending on the business start date.
• Departmental Review: As part of the Amnesty Program, unregistered businesses that require departmental review, permits, or inspections will have up to six (6) months from the date their initial application is received to complete the business license process, and any requirements pertaining to building permits and/or inspections, in order to qualify for a penalty waiver.
Requirements:
• Full Disclosure: Businesses must fully disclose their operations during the amnesty period.
• Ongoing Compliance: Participants must adhere to city regulations and maintain a valid license beyond the amnesty period.
How to Apply:
To participate in the 6-Month Business License Amnesty Program:
• New or Unlicensed Business: Complete online or mail in the business license application 5 I:\cmo\Resolutions\8676_Business_License_Amnesty_&_Compliance_Program.docx-jm2
Renewals: Contact HDL at (909) 479-2111 to obtain your renewal notice. • Submit payment using one of the available payment options with the specified Amnesty Program period.
For assistance, contact the Revenue Division at (909) 798-7557 or HDL at (909) 479-2111.
Additional Terms and Conditions:
• Amnesty Period is Final: This program is a one-time opportunity. Businesses must act within the 6-month period. After November 1, 2025, standard penalty fees will apply to any outstanding licenses as defined in Redlands Municipal Code. • No Refunds or Credits: The amnesty program is only available to businesses with unpaid fees and/or penalties. No refunds or credits will be issued for penalty amounts paid prior to the Amnesty Program period.
• Exclusions: Zoning violations and other types of code violations are not waived in conjunction with the Business Tax Amnesty Program.
• Businesses must adhere to all city regulations and maintain a valid business license beyond the amnesty program period.
The City of Redlands is committed to supporting local businesses and ensuring a fair and equitable business environment. We encourage all unlicensed businesses to take advantage of this amnesty opportunity.
Page | 1
Action Plan to Implement
an Amnesty & Compliance
Program for the City’s
Business License Process
Revenue Division
Business Tax Division
April 2025
INTRODUCTION
In December of 2022, the Revenue Division began working to streamline the city’s internal business license workflow and developed a guide of “How to start a business” to help local businesses obtain their city business license.
During this process, it became clear that the public had limited knowledge of the city’s business license requirements. Specifically, some businesses were unaware that they needed a city business license. An audit conducted by our business license processor, Hinderliter De Llamas & Associates (HDL), revealed that hundreds of businesses are likely operating within the city without a license.
In response to this audit, and in close collaboration with affected city departments and the City of Redlands Chambers of Commerce, the Revenue Division staff developed this proposed Action Plan to improve the City’s community awareness of the requirements to obtain a business license.
The goal of this Action Plan is to create a more business-friendly environment within the city. It will focus on informing and educating existing and potential new businesses about business tax requirements, encouraging new business development, and business retention making it easier to operate in the city. Additionally, the plan proposes an amnesty program which aims to waive penalties for the specified period of time.
Highlights of the Action Plan are presented below:
• The city will offer a six-month amnesty program to encourage businesses that have not paid their taxes to register their business and/or renew their license to bring their license current.
• Penalties for late payment will be waived during the duration of the amnesty period, and additional reminders will be sent to businesses regarding payment due dates.
• A proactive, business-friendly educational campaign will be launched to inform and educate existing and potential new businesses about business tax requirements.
Enhanced online options are available, allowing businesses to apply for or renew their Business Tax Certificate online, as well as update account information.
TIMELINE
Over the past 2 years, the Revenue Division has made significant improvements to its operations and public outreach efforts. Below is a summary of the current and future efforts included in this Action Plan.
Component Timeline Comments
Billing Notices
Increase renewal notifications
by adding 2 phone blasts to
our communications
Online Renewal Notice Notification E-
mail- 11/12/2024
E-mail Renewal Notice - 12/02/2024
Post Mail Renewals - 12/16/2024
Phone Call Blast - 1/10/2025
Post Mail Reminders - 1/17/2025
Email Reminders- 1/24/2025
Phone Call Blast - 2/13/2025
Delinquent Notice - 3/3/2025
The first renewal notice is
sent at a minimum of 45 days
prior to the renewal date.
Additional reminders start
within 30 days prior to the
renewal date.
Current Penalty Schedule
60 DAYS - 10%
90 DAYS - 20%
120 DAYS - 30%
150 DAYS - 40%
180 DAYS - 50% (maximum)
Waive penalty fees on any business
license renewed or opened during
the amnesty program timeline.
The waiver of penalty fees
will only apply during the
specified amnesty program
timeline. When the amnesty
program period ends, the
current penalty schedule will
be reinstated.
Educational Campaign
Effort to reach out to ALL
businesses operating in the
City of Redlands to educate
them about the city’s business
tax requirements
Sept 2024 to Current – promote our
new “How to Start a Business in
Redlands Guide” on the city website,
social media, and the Chamber of
Commerce.
Provide printed copies of the guide
to other city departments.
The educational campaign
will include outreach to
home-based, e-commerce,
independent contractors, and
service-oriented businesses
Amnesty & Compliance
Program Rollout
Proposed estimated timeline of
implementation
April 2025- Present to city council
(for approval)
April 2025 – Advertisement of
program
May 2025 – Amnesty & Compliance
Program Begins
October 2025 – Amnesty Program
Ends
Advertising will be through
the Chamber of Commerce
workshop with HDL, social
media and the city website.
NOTICES
Current Practice:
Currently, HDL sends up to six (6) notices to businesses for the annual renewal of their Business Tax Certificate:
• Online Renewal Notice Notification Email: Renewal notification sent 45 days prior to expiration of Business Tax Certificate.
• 1st Email Reminder Notice: Renewal notice sent 30 days prior to expiration of Business Tax Certificate.
• 2nd Post Mail Reminder Notice: Post mail renewal notice sent 15 days prior to expiration of Business Tax Certificate.
• 3rd Post Mail Reminder Notice: (License now expired) - Post mail reminder notice sent 60 days prior to late penalties being added to Business Tax Certificate renewal.
• 4th Email Reminder Notice: (License now expired) Email reminder notice sent 45 days prior to late penalties being added to Business Tax Certificate renewal.
• 5th Post Mail Notice: (License now expired) Delinquency notice sent 60 days after expiration of Business Tax Certificate.
Recommended Practice:
Staff would like to propose adding two automated phone blasts to our current practices. These phone blasts will contact all delinquent businesses, prompting them to reach out to the city regarding their business license status.
• Online Renewal Notice Notification Email: Renewal notification sent 45 days prior to expiration of Business Tax Certificate.
• 1st Email Reminder Notice: Renewal notice sent 30 days prior to renewal of Business Tax Certificate.
• 2nd Post Mail Reminder Notice: Post mail renewal notice sent 15 days prior to renewal of Business Tax Certificate.
• 3rd Phone Call Reminder Notice: (License now expired) Phone blast reminder notice sent 60 days prior to late penalties being added to Business Tax Certificate renewal.
• 4th Post Mail Notice: (License now expired) Post mail reminder notice sent 45 days prior to late penalties being added to Business Tax Certificate renewal.
• 5th Email Reminder Notice: (License now expired) reminder notice sent 30 days prior to late penalties being added to Business Tax Certificate renewal.
• 6th Phone Call Reminder Notice: (License now expired) Phone blast reminder notice sent 15 days prior to late penalties being added to Business Tax Certificate renewal.
• 7th Post Mail Notice: (License now expired) Delinquency notice sent (60 days after expiration of Business Tax Certificate.)
PENALTIES AND PAYMENT COLLECTIONS
Current Practice:
Currently, the grace period for late penalties is 60 days after the expiration of the Business Tax Certificate. After the grace period, the penalties increase in five (5) stages:
• 60 days: 10% of total Business Tax Certificate
• 90 days: 20% of total Business Tax Certificate
• 120 days: 30% of total Business Tax Certificate
• 150 days: 40% of total Business Tax Certificate
• 180 days: 50% of total Business Tax Certificate (Maximum)
Recommended Amnesty Program:
The recommendation is to launch a six-month amnesty program beginning May 1, 2025, to October 31, 2025. During this period, penalties will be waived for businesses that apply or renew before the amnesty period ends. New or delinquent businesses with outstanding business license tax fees must pay the business license tax for the current year and up to the prior two years, depending on the business start date.
Outreach for the amnesty program will include announcements on the city website, social media campaigns, and direct mail to identified unlicensed businesses.
Businesses requiring departmental review, permits, or inspections will have up to six months from the date of their initial application to complete the business license process, and any requirements pertaining to building permits and/or inspections, in order to qualify for a penalty waiver.
Additionally, the Revenue Division liaisons will be available to assist new businesses in completing the business tax process.
Recommended Compliance Program:
The City of Redlands has not had an active business license compliance program since 2018. The Business Compliance Program is designed to help businesses that have either fallen behind in their payments or were unaware they needed a business license.
Compliance, which refers to adhering to established laws, regulations, and guidelines, is essential for maintaining fair business practices within the city. The amnesty period will allow businesses the opportunity to comply without worrying about the additional cost of penalties accumulated due to non-compliance.
The City of Redlands requires all businesses operating within the city, including property owners, independent contractors, and home-based businesses, to obtain a business license and pay the associated business license tax.
EDUCATIONAL CAMPAIGN
Campaign Information:
The educational campaign is to encourage businesses to obtain or renew their business license to become current. The campaign will include information on how to obtain a Business Tax Certificate, how to bring their business license into compliance, and how to update their business information. This information will be advertised on social media, the City’s website, and through the Chamber of Commerce.
Target Audience:
The educational campaign will be designed to reach out to all businesses operating within the City of Redlands. In addition to traditional “store front” locations, the campaign’s goal will also include outreach to home-based, e-commerce, service- oriented businesses and independent contractors.
City Council Meeting K. 8.
DATE: 04/15/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a non-competitive Professional Services Agreement with Parsons Water & Infrastructure, Inc. for construction plan consolidation and bid support services for the Wastewater Treatment Plant Improvement Phase 2 Project for an amount not-to-exceed $694,473 and an additional appropriation of $444,473 and determination that approval of the agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris) MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motions are provided:
I move that City Council determine approval a Professional Services Agreement with Parsons Water & Infrastructure, Inc. for construction plan consolidation and bid support services for the Wastewater Treatment Plant Improvement Phase 2 Project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act;
1. I move that City Council approve an additional appropriation of $444,473 from the Wastewater Fund and approve a
non-competitive Professional Services Agreement with Parsons Water & Infrastructure, Inc. for an amount not-to-exceed $694,473.
2. RECOMMENDATION:
Staff recommends that City Council determine approval of a Professional Services Agreement with Parsons Water & Infrastructure, Inc. for construction plan consolidation and bid support services for the Wastewater Treatment Plant Improvement Phase 2 Project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act. Staff further recommends City Council approval of a $444,473 additional appropriation from the Wastewater Fund and approval of a non-competitive Professional Services Agreement with Parsons Water & Infrastructure, Inc. for an amount not-to-exceed $694,473.
DISCUSSION:
The City of Redlands has owned and operated a Wastewater Treatment Plant (WWTP) since 1962. The WWTP was expanded and upgraded in 1972, 1988, and 2004. These improvements were prompted by regulatory requirements and population growth. In 2004, a membrane bioreactor (MBR) filtration and disinfection process was installed to increase total treatment capacity to 9.5 million gallons a day (MGD). The MBR treatment process is capable of treating
6.0 MGD of wastewater to Title 22 recycled water standards, and operates in parallel with a 3.5 MGD conventional treatment process. Recycled water is used by Southern California Edison's Mountainview Power Plant as cooling tower water and landscape irrigation water, and by commercial customers located north of I-10 and west of I-210 as landscape irrigation water. The conventional treatment process discharges treated effluent to City-owned infiltration basins to recharge the groundwater basin.
In March 2019, City Council approved a Professional Services Agreement with Parsons Water & Infrastructure, Inc. (Parsons) for the WWTP Improvement Phase 2 Project (Project). In anticipation of approval of a $45,000,000 CWSRF loan to construct this Project, additional support services are required by Parsons, the Project Engineer of Record. MUED staff and Parsons developed a scope of services for construction plan consolidation and bid support services and negotiated a service fee not-to-exceed $694,473. Staff recommends City Council approval of a Professional Services Agreement with Parsons for this amount.
Approval of the agreement is exempt from environmental review pursuant to section 15061(b)(3) of the state’s guidelines implementing the California Environmental Quality Act because the activities will not result in a direct or reasonably foreseeable indirect physical change to the environment.
ALTERNATIVES:
Council may deny the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
Priority B: Strategic Objective 1. Complete Wastewater Treatment Plant Phase 2 Project Construction.
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manaer
PREPARED BY:
Goutam K. Dobey, City Engineer
Fiscal Impact
Fiscal Year: FY 24/25
Appropriation Required Y/N: Yes
Amount: $444,473
Budgeted Y/N: Yes
Account No.: 521910-8501
Discussion:
The FY 24/25 MUED budget includes $250,000, and FY 25/26 MUED budget includes $500,000 ($750,000 total) for this service. The Project scope of work extends through the end of FY 25/26 and requires a $444,473 additional appropriation from the Wastewater Fund (521) to complete all tasks. In order to issue a purchase order for the total engineering service cost in FY 24/25, the total service fee must be appropriated in the current FY.
Attachments
Parsons Water and Infrastructure
Sole Source Form
Additional Appropriation Form
1 I:\cmo\Agreements\Parsons Water and Infrastructure FY25-0045.docx-jm-v2
AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of final engineering for bid package preparation and bidding support services for the Wastewater Treatment Plant Upgrade Project Phase 2 (“Agreement”) is mad e and entered in this 15
th day of April, 2025 (“Effective Date”), by and
between the City of Redlands, a municipal corporation (“City”) and Parsons Water & Infrastructure Inc., a Delaware corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide final engineering for bid package preparation and bidding support services for the Wastewater Treatment Plant Upgrade Project Phase 2 services for City (the “Services”).
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 – SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Servi ces,” which is attached hereto and incorporated herein by this reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this A greement including, but not limited to, any applicable State prevailing wage laws.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City designates John R. Harris, Municipal Utilities and Engineering Department Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 Consultant shall complete the Services by June 30, 2026, unless the Services are terminated earlier as provided for herein.
2 I:\cmo\Agreements\Parsons Water and Infrastructure FY25-0045.docx-jm-v2
4.2 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council-adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff.
ARTICLE 5 – PAYMENTS TO CONSULTANT
5.1 Total compensation for Consultant’s performance of the Services shall be in the amount of six hundred ninety-four thousand four hundred seventy-three dollars ($694,473). City shall pay Consultant in accordance with Exhibit “ B,” titled “Fee Proposal ” which is attached hereto and incorporated herein by this reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.
5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF) , if confirmed with a copy sent contemporaneously by fir st class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:
CITY: CONSULTANT:
City Clerk Satish Kamath, Vice President
City of Redlands Parsons Water & Infrastructure Inc. 35 Cajon Street 100 W. Walnut Street
P.O. Box 3005 (mailing) Pasadena, CA 91124
Redlands, CA 92373 [email protected]
[email protected] Phone: (626) 440-3355
Phone: (909) 798-7531 Fax: (626) 440-2630
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant.
Consultant shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a 3 I:\cmo\Agreements\Parsons Water and Infrastructure FY25-0045.docx-jm-v2 provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “ C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General L iability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate , for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.
D. Business Auto L iability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’s provision of the Services, hired and non-owned vehicles, and employee non- ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non- contributing to any insurance or self - insurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add such assignee or subcontractor as an additional insured to the insurance policies required hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.
ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by 4 I:\cmo\Agreements\Parsons Water and Infrastructure FY25-0045.docx-jm-v2 the performance of Consultant’s Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position s pecified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, State ment of Economic Interests , with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fe es for the use of in - house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in s trict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor . Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein set forth. Consultant shall supply all necessary tools and instrumentalities required to 5 I:\cmo\Agreements\Parsons Water and Infrastructure FY25-0045.docx-jm-v2 perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Cons ultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed S ervices, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provisio n of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices , accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, an y amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
6 I:\cmo\Agreements\Parsons Water and Infrastructure FY25-0045.docx-jm-v2
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.
CITY OF REDLANDS PARSONS WATER &
INFRASTRUCTURE INC.
By: ___________________________ By: _________________________ Mario Saucedo, Mayor Satish Kamath, Vice President
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
7 I:\cmo\Agreements\Parsons Water and Infrastructure FY25-0045.docx-jm-v2 EXHIBIT "A"
Scope of Services
TASK 1: ENGINEERING SERVICES DURING PRE-BID PHASE
Upon agreement with the City on the defined scope of work, Consultant will deliver a revised set of contract documents, including drawings and specifications reflecting the Base Bid and Alternate Bids, within 90 days of the Notice to Proceed (NTP).
Consultant will provide contract documents delineating the Base Bid and Alternate Bids to facilitate phased implementation and allow for integration with future project phases.
Consultant has allocated 24 hours for engineering meetings with the City during the Pre- Bid phase to discuss key design updates, resolve potential issues, and ensure alignment before bidding. If the City identifies necessary additional modifications during the bid phase, a structured approach will be established:
• The City will provide written clarifications or corrections as part of the addenda issued during bidding.
• Consultant will incorporate these changes within the agreed scope as indicated in Exhibit A and do not require a major redesign. Any modifications beyond the agreed scope will require a contract amendment and additional engineering effort.
This approach provides a pathway to address bidder-identified concerns efficiently, minimizing disruptions to the Bid phase.
1.1 UPDATE CONTRACT DOCUMENTS
It is understood that the City will be responsible for updating the front-end documents, including the Notice Inviting Bids (NIB), Invitation for Bids (IFB), Bid Proposal, General Conditions (GC), and Special General Conditions (SGC). Consultant will provide the following:
• Base Bid
o Encompasses essential design modifications and upgrades required for immediate project implementation, as detailed in Exhibit A: Scope of Work. o Additionally, In the Base Bid, the anoxic zone mixers will be redesigned because the previous mixer design is no longer applicable. This is due to the decision to retain the existing WAS/RAS pump station, which occupies the space initially allocated for the mixers. As a result, the mixers will be redesigned to remain in their current location and will be configured as either floating mixers or submersible mixers to accommodate the space constraints.
o Update the Bid Schedule and Construction Sequence.
• Alternate Bids
o All non-Base Bid items listed in Exhibit A, except for the exclusions specified in the Exhibits.
8 I:\cmo\Agreements\Parsons Water and Infrastructure FY25-0045.docx-jm-v2 To effectively manage the scope of electrical gears and MCCs powering both Base Bid and Alternate Bid items, our approach is to install the entire electrical infrastructure under the Base Bid, ensuring it is fully operational for Base Bid equipment while strategically planning for future expansions. This includes providing space, mounting provisions, and blank covers for breakers and starters related to Alternate Bid components. Conduits and wireways will be sized to accommodate both phases, but wires and terminations will only be completed for Base Bid equipment, with pull strings left in place for future wiring. For I&C/SCADA systems, the Contractor will install and program the central control panels and network infrastructure to support both Base and Alternate Bid systems, activating only the necessary I/O points for the Base Bid scope. This approach minimizes future disruption, reduces rework costs, and ensures an effective integration of Alternate Bid equipment if and when it is approved.
DELIVERABLES
• One Bid Package with Plans and Specifications identifying both Base Bid and Alternate Bids
o PDF and CADD files containing updated design drawings with clear identification of Base Bid.
o PDF and Word files of the updated specifications, containing the updated Bid Schedule with clear identification of multiple Alternate Bids options, facilitating flexibility and strategic planning.
For estimating the LOE, the following assumptions apply:
• Base Bid:
o Up to 80 design sheets across multiple disciplines will require major revisions, with an estimated effort of 20 hours per sheet. Minor revisions will be needed for up to 100 design sheets, requiring approximately 4 hours per sheet. This effort includes 24 hours allocated for engineering meetings with the City to review and finalize design modifications.
o Specifications: Five specification sections, including Section 13370 Appendix A Plant PLC I&O List, Section 13385 Control Strategies, anoxic zone mixers, Bid Schedule, and Construction Sequences, will require significant modifications, with an estimated 24 hours of effort per section. • Alternate Bids:
o Only the bid schedule will be updated to facilitate Alternate Bids. No drawings or specifications will be specifically modified for the Alternate Bids per the meeting with City on February 19, 2025.
9 I:\cmo\Agreements\Parsons Water and Infrastructure FY25-0045.docx-jm-v2 TASK 2: ENGINEERING SERVICES DURING BID PHASE
2.1: RESPOND TO CONTRACTOR RFIS DURING THE BID PHASE
Consultant’s team will respond to requests for information (RFIs) and questions from prospective bidders during the Bid phase.
• Base Bid: For purpose of estimating the LOE a total of up to 50 RFIs @ 3 hours each are assumed.
• Alternate Bids: Addressed under the Base Bid.
2.2: PREPARE ADDENDUMS
Based on the type of RFIs it is anticipated that clarification will be provided in the form of addendums including addendum, drawings, and specifications. For the purpose of estimating the LOE:
• Base Bid: Up to 2 addendums @120 hours each are assumed. • Alternate Bids: Up to 2 addendums 120 hours each are assumed.
A single contract award will be issued for both the Base Bid and Alternate Bids, based on the bid evaluation results.
TASK 3: CONFORMED CONTRACT DOCUMENTS
3.1 PREPARE CONFORMED CONTRACT DOCUMENTS
Consultant will prepare a set of conformed Contract Documents by incorporating changes/modifications from the addendums issued during the Bid phase into the Conformed Contract Documents.
For the purpose of estimating the LOE the following is assumed:
• Base Bid: An estimated 400 drawings and 130 specifications will be reviewed, with an average of 0.5 hours allocated per drawing and specification.
• Alternate Bids: An additional 300 drawings and 40 specifications beyond the Base Bid will be reviewed, with an average of 0.5 hours allocated per drawing and specification.
Deliverables: Plans and Specifications in pdf format.
10 I:\cmo\Agreements\Parsons Water and Infrastructure FY25-0045.docx-jm-v2 TASK 4: PROJECT MANAGEMENT, COMMUNICATIONS AND MEETINGS The Project Management task will continue throughout the duration of the Bid and Award phase and is expected to last for a total of 6-month period (3 Months Pre-Bid, 3 months Bid and Award. Specific sub-tasks will include:
4.1 PROJECT OVERSIGHT AND COORDINATION
Consultant will provide project oversight and coordination to ensure the successful execution of engineering services during the Pre-Bid and Bid phases. This effort will include maintaining clear communication with the City, tracking project progress, and managing scope and budget.
• Base Bid: 36-month project duration, including 6 months for the Pre-Bid and Bid period, 24 months for the construction period, and 4 months for project closeout. • Alternate Bids: An additional 24 months of construction period beyond the Base Bid scope.
No formal Project Management Plan (PMP) is required for this scope.
4.2 MONTHLY PROGRESS REPORTING AND INVOICING
Consultant will prepare and submit monthly progress reports summarizing the status of engineering services, key activities completed, outstanding tasks, and any risks or challenges. Additionally, Consultant will prepare and submit monthly invoices in accordance with the agreed-upon contract terms. They will include the following:
• Percent complete/budget status summary
• Summary of work completed by task
• Scope status and list of out-of-scope items
4.3 MONTHLY PROGRESS MEETINGS
Consultant will participate in monthly progress meetings with City staff and stakeholders to discuss project updates, address concerns, and ensure alignment on Pre-Bid and Bid phase activities. These meetings will provide a platform for coordination and decision- making.
4.4. AS -NEEDED MEETINGS
Consultant will attend additional meetings as needed to address specific project issues, provide technical support, and ensure that all aspects of the Bid process proceed smoothly. These meetings may include discussions on RFI responses, addendum preparation, and coordination with the City’s team. Estimated Level of Effort (LOE): 48 hours.
11 I:\cmo\Agreements\Parsons Water and Infrastructure FY25-0045.docx-jm-v2 EXHIBIT "B"
Fee Proposal
DESCRIPTION Total Hours Labor ODCs Total
2%
Task 1 ENGINEERING SERVICES DURING PRE-BID PHASE
1.1 Construction Drawings 1978 $359,360 $7,187 $366,547
1.2 Specification Updates 120 $22,920 $458 $23,378
1.3 Engineering Meetings 24 $5,828 $117 $5,945
Subtotal Task 1 2122 $388,108 $7,762 $395,870
Task 2 ENGINEERING SERVICES DURING BID PHASE
2.1 Respond to Contractor RFIs During the Bid Phase 150 $38,060 $761 $38,821
2.2 Prepare Addendums, 12 @120hrs 480 $98,400 $1,968 $100,368
2.4 Attend Bid Opening 0 $0 $0 $0
2.5 Evaluation of Bids and Recommendation of Award 0 $0 $0 $0 Subtotal Task 2 630 $136,460 $2,729 $139,189
Task 3 CONFORMED CONTRACT DOCUMENTS
3.1 Base Bid Conformed Contract Documents 400 $78,980 $1,580 $80,560 Subtotal Task 3 400 $78,980 $1,580 $80,560
Task 4 Project Management During Pre-bid & Bid Phases
4.1 Project Planning & Coordination 160 $35,680 $714 $36,394
4.2 Monthly Progress Reporting and Invoicing 40 $9,088 $182 $9,270
4.3 Monthly Progress Meetings 72 $19,524 $391 $19,915
4.4 As-Needed Meetings 48 $13,016 $260 $13,276
Subtotal Task 2 320 $77,308 $1,546 $78,854
Engineering Service During the Pre-Bid & Bid Phases TO 3,472 680,856 $13,617 $694,473 T ASK
12 I:\cmo\Agreements\Parsons Water and Infrastructure FY25-0045.docx-jm-v2 EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer , or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with suc h provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
PARSONS WATER & INFRASTRUCTURE INC.
By: Date: ___________________
Satish Kamath, Vice President
City Council Meeting K. 9.
DATE: 04/15/2025
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Professional Services Agreement with Richard Brady & Associates, Inc. for the Engineering phase of the Sunset Reservoir Replacement Project, an additional appropriation of $1,305,910 from the Water Fund (501), and determination that approval of the Agreement is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act (Municipal Utilities and Engineering Director Harris)
MOTION(S):
If City Council determines the staff recommendation is appropriate, the following motions are provided:
I move that City Council determine approval of a Professional Services Agreement with Richard Brady & Associates, Inc. for the Engineering phase of the Sunset Reservoir Replacement Project is exempt from environmental review pursuant to Section 15061(b)(3) of the State's guidelines implementing the California Environmental Quality Act; and
1. I move that City Council approve a $1,305,910 Professional Services Agreement with Richard Brady & Associates, Inc. and an additional appropriation of $1,305,910 from the Water Fund (501).
2. RECOMMENDATION:
Staff recommends that City Council determine approval of a Professional Services Agreement with Richard Brady & Associates, Inc. for the Engineering phase of the Sunset Reservoir Replacement Project is exempt from environmental review pursuant to Section 15061(b)(3) of the State’s Guidelines implementing the California Environmental Quality Act. Staff further recommends City Council approval of a $1,305,910 Professional Services Agreement with Richard Brady & Associates, Inc. and an additional appropriation of $1,305,910 from the Water Fund (501).
DISCUSSION:
The Municipal Utilities and Engineering Department (MUED) produces and distributes potable, non-potable, and recycled water to approximately 23,000 customers within its service area. The City produces, treats, and distributes approximately 24,000 acre-feet of water from multiple sources each year. These raw water sources include the Santa Ana River, Mill Creek, extracted groundwater, and the State Water Project. The City’s potable water distribution and storage system includes two (2) surface water treatment plants, approximately 400 miles of pipelines, eighteen (18) groundwater wells, thirty-six (36) booster pump stations, and eighteen (18) storage reservoirs. Total system storage capacity, including pipelines, is approximately 54.5 million gallons (MG).
Average daily water consumption is approximately twenty (20) million gallons per day (MGD) and maximum daily consumption is approximately thirty-five (35) MG during the peak use season (late August through early-September). Potable water is distributed through seven (7) pressure zones with elevations between 1,100 – 2,600 feet above sea level, and average residential per-capita daily consumption is approximately 180 gallons per capita per day (GPCD).
In 2022, Richard Brady & Associates, Inc. completed a Condition, Seismic, and Structural Assessment of critical Water Utility infrastructure. The assessment identified the replacement of Sunset Reservoir as the most urgent need. Sunset Reservoir is a 3.0 MG above-ground riveted steel potable water reservoir originally constructed in 1967. The reservoir serves the 2,340 pressure zone, does not meet current seismic resistivity standards, and is tall and slender (90’ diameter/65’ height). The City recently purchased twenty-two (22) acres of undeveloped land adjacent to the existing reservoir location with the goal of constructing up to two (2) replacement reservoirs on the site. The existing Sunset Reservoir will be demolished after the first new reservoir is constructed and operational.
On January 13, 2025, staff issued a Request for Proposal (RFP) from qualified Consultants for the Engineering phase of the Sunset Reservoir Replacement Project. On February 10, 2025, staff received proposals from the following five (5) firms:
Albert A. Webb Associates, Riverside, CA1.
Richard Brady & Associates, Inc. (Brady), a WHB Company, San Diego, CA2.
Carollo Engineers, Inc., Riverside, CA3.
FEI Associates Consulting Engineers, Chino, CA4.
N2W Engineering, Inc., Irvine, CA5.
In accordance with Chapter 2.16.180 of the City's Municipal Code, a selection committee reviewed the proposals based on each firm's demonstrated competence and professional qualifications in accordance with specific evaluation criteria identified in the RFP. The selection committee conducted in-person interviews with the four (4) highest-ranked firms in early March 2025.
Richard Brady & Associates, Inc. (Brady) was selected as the most qualified consultant to perform the tasks listed in the RFP. Staff negotiated a reasonable consultant fee of $1,305,910 with Brady and recommends City Council approval of a Professional Services Agreement for that amount.
The Project is included in the City's six-year Capital Improvement Program, and the Construction Phase is scheduled for FY 27/28 - FY 28/29. In anticipation of lengthy regulatory agency review and permitting processes, MUED recommends initiating the Engineering Phase now. This work was not anticipated to occur during the current bi-annual budget period and the expense is not included in the approved budget. Therefore, an additional appropriation of $1,305,910 from the Water Fund (501) is necessary to fund this project.
Approval of a Professional Services Agreement with Brady is exempt from environmental review pursuant to Section 15061(b)(3) of the State's Guidelines implementing the California Environmental Quality Act as there is no possibility that this action will significantly impact the environment.
ALTERNATIVES:
City Council may deny the staff recommendation and provide alternate direction.
STRATEGIC PLAN:
N/A
SUBMITTED BY:
John R. Harris, Municipal Utilities and Engineering Director RECOMMENDED BY:
Charles M. Duggan Jr., City Manager
REVIEWED BY:
Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manaer
PREPARED BY:
Goutam K. Dobey, City Engineer
Fiscal Impact
Fiscal Year: FY 24/25
Revenue Generating: Yes
Appropriation Required Y/N: Yes
Amount: $1,305,910
Budgeted Y/N: No
Account No.: 501910
Discussion:
This project requires an additional appropriation of $1,305,910 from the Water Fund (501) since the expense is not included in the current FY budget. There is sufficient cash in the Water Fund to support this expenditure.
Attachments
A. Richard Brady & Assoc. PSA
Additional Appropriation Form_Sunset Reservoir
1 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm
AGREEMENT TO PERFORM PROFESSIONAL SERVICES
This agreement for the provision of engineering design services for the Sunset Reservoir Project (“Agreement”) is made and entered in this 15th day of April, 2025 (“Effective Date”), by and between the City of Redlands, a mun icipal corporation (“City ”) and Richard Brady & Associates, Inc. , a California corporation (“Consultant”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:
ARTICLE 1 – ENGAGEMENT OF CONSULTANT
1.1 City hereby engages Consultant to provide engineering design services for the Sunset Reservoir Project for City (the “Services”).
1.2 The Services shall be performed by Consultant in a professional manner, and Consultant represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practici ng professional consultants in the industry providing like and similar types of Services.
ARTICLE 2 – SERVICES OF CONSULTANT
2.1 The Services that Consultant shall perform are more particularly described in Exhibit “A,” titled “Scope of Servi ces,” which is attached hereto and incorporated herein by this reference.
2.2 Consultant shall comply with applicable federal, state and local laws and regulations in the performance of this A greement including, but not limited to , any applicable State prevailing wage laws.
ARTICLE 3 – RESPONSIBILITIES OF CITY
3.1 City designates John R. Harris, Municipal Utilities and Engineering Department Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.
ARTICLE 4 – PERFORMANCE OF SERVICES
4.1 Consultant shall perform and complete the Services in a prompt and diligent manner in accordance with the sched ule set forth in Exhibit “B,” titled “Project Schedule” which is attached hereto and incorporated herein by reference.
4.2 Consultant shall complete the Services by December 31, 2026, unless the Services are terminated earlier as provided for herein.
2 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm
4.3 If Consultant’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to Cit y, consistent with City Council-adopted policy for the same. It shall be the obligation of Consultant to obtain a copy of such policy from City staff.
ARTICLE 5 – PAYMENTS TO CONSULTANT
5.1 Total compensation for Consultant’s performance of the Services shall not exceed the amount of one million three hundred five thousand nine hundred ten dollars ($1,305,910).
City shall pay Consultant on a time and materials basis up to the not to exceed amount in accordance with Exhibit “C ,” titled (“ Fee Proposal”) which is attached hereto and incorporated herein by reference.
5.2 Consultant shall submit monthly invoices to City describing the Services performed during the preceding month. Consultant’s invoices shall include a brief description of the Services performed, the dates the Services were performed, the number of hours spent and by whom, and a description of reimbursable expenses related to the Services. City shall pay Consultant no later than thirty (30) days after receipt and approval by City of Consultant’s invoice.
5.3 Any n otice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF) , if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may prov ide notice in accordance with this section:
CITY: CONSULTANT:
City Clerk Karl Kuebitz, Vice President
City of Redlands Richard Brady & Associates, Inc.
35 Cajon Street 10089 Willow Creek Rd. Suite 375
P.O. Box 3005 (mailing) San Diego, CA 92131
Redlands, CA 92373 Email: [email protected]
[email protected] Phone: (619) 733-1811
Phone: (909) 798-7531
ARTICLE 6 – INSURANCE AND INDEMNIFICATION
6.1 The following insurance coverage required by this Agreement shall be maintained by Consultant for the duration of its performance of the Services. Consultant shall not perform any Services unless and until the required insurance listed below is obtained by Consultant.
Consultant shall provide City with certificates of insurance and endorsements evidencing 3 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City.
A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Consultant is self-insured or exempt from the workers’ compensation laws of the State of California. Consultant shall execute and provide City with Exhibit “ D,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.
B. Comprehensive General L iability insurance with carriers acceptable to City in the minimum amount of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) aggregate , for public liability, property damage and personal injury is required. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City.
C. Consultant shall secure and maintain professional liability insurance throughout the term of this Agreement in the amount of One Million Dollars ($1,000,000) per claim made.
D. Business Auto L iability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Consultant owned vehicles used in connection with Consultant’s provision of the Services, hired and non-owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non -contributing to any insurance or self - insurance maintained by City.
E. Consultant is expressly prohibited from assigning or subcontracting any of the Services without the prior written consent of City. In the event of mutual agreement by the Parties to assign or subcontract a portion of the Services, Consultant shall add su ch assignee or subcontractor as an additional insured to the insurance policies req uired hereby and provide City with the insurance endorsements prior to any Services being performed by the assignee or subcontractor.
6.2 Consultant shall defend, indemnify and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses or liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Consultant, or its officers, employees and agents in performing the Services.
ARTICLE 7 – CONFLICTS OF INTEREST
7.1 Consultant covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, 4 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm interest in real property or investment that would be affected in any manner or degree by the performance of Consultant’s Services. Consultant further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.
7.2 Consultant agrees it is not a designated employee within the meaning of the Political Reform Act because Consultant:
A. Does not make a governmental decision whether to:
(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.
B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position s pecified in City’s Conflict of Interest Code under Government Code section 87302.
7.3 In the event City determines that Consultant must disclose its financial interests, Consultant shall complete and file a Fair Political Practices Commission Form 700, State ment of Economic Interests , with the City Clerk’s office pursuant to the written instructions provided by the City Clerk.
ARTICLE 8 – GENERAL CONSIDERATIONS
8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in - house counsel by a Party.
8.2 Consultant shall not assign any of the Services, except with the prior written approval of City and in s trict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, result in City’s immediate termination of this Agreement.
8.3 Consultant is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any its agents shall have control over the conduct of Consultant or Consultant’s employees, except as herein 5 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm set forth. Consultant shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Consultant are for its account only, and in no event shall Consultant or personnel retained by it be deemed to hav e been employed by City or engaged by City for the account of, or on behalf of City. Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Consultant have any authority, express or implied, to bind City to any obligation.
8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Consultant of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Consultant’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed S ervices, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. Upon receipt of a termination notice, Consultant shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, design calculations, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Consultant in performing the Services. Consultant shall be compensated on a pro-rata basis for Services completed up to the date of termination.
8.5 Consultant shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Consultant.
8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein , an y amendment to this Agreement shall be in writing, approved by City and signed by City and Consultant.
8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.
8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained 6 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
IN WITNESS WHEREOF, duly authorized representatives of City and Consultant have signed in confirmation of this Agreement.
CITY OF REDLANDS RICHARD BRADY & ASSOCIATES, INC
By: ___________________________ By: _________________________ Mario Saucedo, Mayor Karl Kuebitz, Vice President
ATTEST:
___________________________
Jeanne Donaldson, City Clerk
7 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm EXHIBIT "A"
Scope of Services
Consultant’s design team will perform the following tasks as part of this project. Consultant will review and evaluate all existing relevant documentation to ensure a thorough understanding of the project's requirements. Dedicated Project Manager, Karl Kuebitz, will act as a single point of contact for the duration of the project, facilitating clear and efficient communication with the City’s Project Manager and ensuring that timely and accurate information is provided on p roject matters.
Additionally, Consultant will maintain open communication channels with all stakeholders to ensure the project progresses smoothly and meets expectations.
Consultant will deliver high-quality reports, drawings, specifications, cost estimates, applications, exhibits, and professional presentations necessary for project approvals in accordance with applicable state regulations, accepted industry best practices, and the most current edition of the City of Redlands “ Standard Specifications and Detailed Drawings for Design and Construction of Public Improvements” document.
Task 1 – Project Management/Initiation
Consultant will follow a “Waterfall” project management methodology and will follow a linear, sequential progression. A Gantt chart schedule for the design project which outlines each step of the project development is contained in an appendix to this proposal. Thro ughout this process, effective communication and leadership will guide each phase of the waterfall until we reach a final bid-ready package all stakeholders are proud of.
An effective project begins with a clear vision. In this case it is a well -specified suitable -for- construction New Sunset Reservoir bid package and accurate cost estimate. The refinement process begins by understanding the hydraulic demands of this pressur e zone and sizing the new reservoir accordingly to handle maximum day demands plus potential fire flows. Replacing this reservoir facility will involve City, Agency, utility, and community involvement. The new facility will meet the present and future hydraulic needs and will be easy to maintain by Operations and Maintenance. 8 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm The Capacity and Hydraulic Tech Memos will become the
roadmap for the Project. It will distill the input of the stakeholders to a guidebook to streamline Final
Engineering design for the new Sunset Reservoir.
Every aspect of this project will be authored, designed, and reviewed by an industry expert. Designers and
Subconsultants in each discipline will roll up to the Project Manager, Karl Kuebitz, who will oversee and guide this
multidisciplinary design effort to ensure all tasks are completed on schedule and within budget.
As part of project management, Consultant will prepare
monthly status reports, summarizing budget and
schedule updates, identifying potential issues early, and collaborating with City staff to address them proactively.
These reports will be concise and limited to a single page whenever possible. Consultant prides itself on razor-sharp drawings, calculations that are easy to follow, and
specifications that are efficient and constructable. We will respond to City comments and integrate them into the
developing package after each submittal.
The end-goal, as stated above, is to have a set of suitable- for-construction documents which will deliver the
expected project and are contractor-friendly. Karl spent 18 years as a contractor specializing in the construction of concrete tanks before joining Consultant. He will study the bid-ready package and ensure that it is realistic and
constructable.
Consultant’s project team will actively engage with City staff and stakeholders by attending the initial project kick- off meeting, monthly virtual progress meetings throughout the duration of the project, an in -person alternatives analysis meeting, in -person design review meetings, and any additional necessary meetings to ensure project
alignment. For all meetings, we will prepare and distribute draft agendas prior to the meeting to provide a clear and efficient meeting framework. During these meetings, Consultant will provide updates on the project scope, schedule, and budget.
Consultant will also handle meeting documentation with diligence. For every meeting, we will prepare and distribute draft meeting notes, which summarize key discussion and decisions related to the project within seven calendar days, allowing for attendee feedback. A fter incorporating comments, we will finalize and share the notes with all attendees. This thorough documentation process ensures transparency and clear communication throughout the project lifecycle.
Begin with
the End in
Mind
Open Dialog
with
Stakeholders
Firm Design
Schedule
Evaluation of
Reservoir
Alternatives as
Roadmap
Confidence
in Data
Crystal Clear
Submittals
Bid
Documents
Everyone
Likes
9 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm The Kick -off Meeting will memorialize the project goals and objectives, outline project and management approach, define roles and responsibilities, confirm scope and schedule, and set up a system for accountability. An important component of the Kick -off w ill be to define Consultant’s Quality Assurance and Control Program. Consultant has a proven Quality Assurance and Quality Control (QA/QC) program that relies on regular input from senior -level engineers and communication throughout the Project. A copy of our QA/QC Program is included in the appendix.
This results in efficient delive ry of quality products. Our formal QA/QC Program was developed on the principal of “Error Prevention” as opposed to “Error Catching. ”
For this project, John Christopher, PE, will serve as QA/QC manager. Mr. Christopher’s extensive experience as a Program Manager and Design Manager for significant water and wastewater project make him extremely qualified for this role. We do not expect the City to serve as “plan checkers” for our work products. Our entire QA/QC program, culture, and philosophy has been established to make sure project documents are prepared accurately.
Deliverables: Kick-off Meeting with minutes, Meeting Agendas & Minutes, Monthly Billings and Status Reports, Updated Project Schedules and Budget, and Decision Logs.
Initiation
Abstract
idea to
meaningful
goal
Planning
Orienting
every
discipline to
that goal
Execution
Producing
quality
deliverables
Providing
valueable
support
Monitoring
Running
content
through the
BRADY
QA/QC
Closing
Finalizing a
clear,
consise, and
complete
design
package
10 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm Task 2 – Resource Documents and Data Review
Consultant will thoroughly review all available record
documents and documents pertaining to the project,
including but not limited to record drawings, shop
drawings, geotechnical reports, past investigation
reports, repair or improvement plans, jet -tracing of any utilities with uncertain locations, and existing GIS
shapefile data on City utilities. Consultant will also
coordinate and conduct interviews with City engineering and operations staff to ensure a clear understanding of the existing distribution system and design goals for the new Sunset Reservoir.
Once record documents are reviewed, Consultant’s
multidiscipline design team will conduct a detailed field investigation to verify the existing site conditions related to civil, structural, mechanical, electrical, and
instrumentation disciplines. Consultant will work closely with City operations staff to confirm existing site
conditions and utilities when necessary.
Deliverables: Document Log
PHASE 1 – ALTERNATIVES EVALUATION
Task 3 – Evaluation of Reservoir Alternatives
Consultant will evaluate the overall project feasibility regarding the development of a new Sunset Reservoir site. This evaluation includes:
Reservoir Types Evaluation
Consultant will evaluate various reservoir types and materials to determine the most viable solution for the City. Reservoir types shall include standpipes, water towers, circular reservoirs, rectangular reservoirs, and reservoirs of above-ground and below-ground construction. Reservoir materials shall include AWWA D100 | Welded Carbon Steel Tanks, AWWA D110 |Wire and Strand-Wound, Circular, Prestressed Concrete Tanks, and AWWA D115 | Tendon-Prestressed Concrete Tanks. The Design Team will also look at reinforced con crete per ACI 350 | Code Requirements for Environmental Engineering Concrete Structures.
Consultant’s team has significant experience with all of these reservoir types and will be able to clearly and concisely present the pros/cons of each type and material. This evaluation will include but is not limited to overall structure durability, earthquake resilience, operations & maintenance, and life-cycle costs. The Design Team will work closely with the City to determine the most suitable solution to maximize onsite storage, maintain existing distribution system operations, and provide a safe, reliable, and cost-effective water storage solution for this pressure zone.
11 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm Hydraulics Evaluation
Consultant has teamed up with Mission Consulting to assist with the hydraulic modeling and evaluation scope for this project. This hydraulic evaluation will analyze the potential implications of constructing the proposed large reservoirs adjacent to the existing Sunset Reservoir within the 2340- PZ. Although hydraulically placing a large volume of water at the top of a water distribution system poses potential issues, such as water quality concerns, varied operational flexibility, special pumping considerations, pipe up-sizing, and specialty valve usage; there can also be system -wide operational benefits. These benefits include:
One of the most critical issues with constructing the new Sunset Reservoirs on the adjacent parcel will be the potential need to lower the overall high-water-level and low-water-level of these reservoir with respect to the existing Sunset Reservoir, as discussed in the Approach section of this proposal.
Adjusting these elevations may create certain hydraulic limitations for the reservoir and the 2340-PZ that it feeds. Areas that are currently served by the existing reservoir may be too high to receive adequate service, which could require additional system modifications, such as a hydropneumatic pump station/tank. These areas will also be evaluated to determine if zone boundary shifts would be appropriate, or if adjustments to PRV settings would be beneficial. The goal is the availability of water to the City’s customers.
The City’s entire distribution system will be evaluated to verify the necessary volume and aspect ratio of the proposed Sunset Reservoirs. As existing reservoirs are decommissioned or reduced in size to account for seismic stability, the ability to move wa ter throughout the system becomes even more critical. Modeling scenarios will be dedicated to finding the right balance of storage options that will best serve the City and its customers.
Water Quality Evaluation
Consultant will evaluate and identify potential implications related to the new Sunset Reservoir’s impact on system water quality. Water quality within a distribution system’s reservoir is critical to ensure safe and reliable drinking water for customers. Several key concerns must be monitored and managed to prevent contamination and maintain compliance with regulatory standards. Some of these key concerns that may affect reservoirs are:
Improved System Reliability –
Higher elevation storage ensures
consistent water supply and
pressure, even during power
outages or pump failures, reducing
service disruptions.
Enhanced Pressure Stability –
Gravity-fed water storage helps
maintain stable system pressure,
reducing the strain on pumps and
minimizing pressure fluctuations
that could cause leaks or pipe
failures.
Emergency Preparedness – Extra
storage provides a critical reserve
during firefighting, droughts, or
emergency situations, ensuring
sufficient water availability when
demand spikes unexpectedly.
Energy Efficiency – By reducing
reliance on continuous pumping,
excess storage at high elevations
allows for more efficient pump
operation, enabling off-peak
pumping to fill reservoirs when
electricity costs are lower
Peak Demand Management –
Stored water can help meet high-
demand periods, such as mornings
and evenings, without
overburdening pumps or requiring
immediate production increases.
Extended Equipment Life –
Reduced dependence on pumps for
immediate supply leads to less wear
and tear, extending the lifespan of
pumps, motors, and other system
components.
12 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm
There are many options and products to control which the Design Team will consider to manage water quality for the New Sunset Reservoir. At this time, we expect one analyzer and injector on the inlet/outlet pipes, one analyzer on the reservoir wall, and a combination mixer/injector at the center of the reservoir. Consultant will work closely with our hydraulic modeling subconsultant and the City’s operators to identify any potential water quality issues and implement preventative control strategies, which will ultimately provide a safe, reliable, and easy to maintain water storage solution for the City.
Foundations Evaluation
Consultant has teamed up with Group Delta to assist with the geotechnical scope for this project.
For this Foundations Evaluation it is understood that the final layout and elevation of the new reservoirs is contingent on the outcome of the Hydraulics Evaluation. It is possible that several feet of grade change at the site may be required to meet the hydraulic needs of the system and to create a large enough level pad to construct the new reservoirs. Foundation design recommendations will depend on the final elevatio n selected and whether or not fill is needed at the site to achieve the desired elevations.
During this evaluation, Group Delta proposes to have
a specialist surface geophysics subconsultant
undertake seismic refraction survey lines at three to
five locations in the area of the new reservoir pad and the edges of the existing slopes near the pad. This
data will help to interpret the physical variability of the subsurface soils and provide information on the
soil stiffness across the site, which can be used in
settlement analyses. This subconsultant will also
undertake multi -channel analysis of sur face wave
(MASW) surveys to collect the seismic velocities that
will be needed to develop the Site Classification for seismic design in Phase 2.
Group Delta will undertake preliminary geotechnical interpretations and analyses that utilize their existing geotechnical boring and laboratory data obtained across the street for the temporary tank site along with the surface geophysics survey data to eva luate site grading and tank foundation alternatives. In particular, Group Delta will work with Consultant to evaluate the overall stability and deformation potential of the current and the proposed slopes associated with the site grading alternatives, as well as the ability of shallow or deep foundations to meet the stringent horizontal and vertical movement tolerances for reservoirs and associated improvements. Findings and preliminary recommendations will be presented in technical memoranda.
Water Quality Considerations for Large Reservoirs
Disinfection
Residual Loss
Microbial
Contamination
Stratification
and Thermal
Inversions
Sediment
Accumulation
Taste and Odor
Issues
pH and
Corrosion
Control
Contamination
from External
Sources
13 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm Regulatory Constraints Evaluation
The Design Team will research and identify any regulatory constraints that may influence the new Sunset Reservoir’s site development. Some of the predetermined regulatory agencies may include the City of Redlands, State Water Resources Control Board’s Depa rtment of Drinking Water (SWRCB DDW), San
Bernardino County Flood Control District (SBCFCD), San
Bernardino County Public Works, South Coast Air Quality Management District (SCAQMD), Federal Aviation Administration (FAA), etc. Consultant will coordinate with necessary entities to ensure requirements and constraints are satisfied, which will facilitate a streamlined permitting and construction process for the new reservoir site.
Power Availability Evaluation
Actual power demands will need to be evaluated after the Hydraulic Evaluation is completed to have a better idea of what system improvements will be required for the new reservoirs site. The Design Team will verify existing power supplied to the Sunset Res ervoir site by reviewing record drawings, conducting field investigations, and coordinating with Southern California Edison (SCE). If more power is required, Consultant will coordinate with SCE to request upgrades to existing power systems, as needed. Consultant will also analyze backup power needs, such as diesel generators, to ensure reliable power is available even in emergency scenarios Allowing power and control systems to operate without interruption is essential to maintain reservoir, pump station, chemica l dosing systems, site security, SCADA communications, and overall distribution system operations.
Task 4 – Evaluation of Costs
Consultant will conduct a comprehensive life cycle cost analysis for the proposed reservoir alternatives, evaluating both net present value (NPV) and annual worth to determine the most cost- effective solution. This analysis will account for initial capital investmen t, as well as projected maintenance and operational costs over the reservoir’s lifespan. By considering these long -term financial factors, Consultant will provide a clear comparison of alternatives, ensuring the City selects a financially sustainable and operationally efficient solution.
Deliverables: Cost Analysis including Capital and Operations Costs of Shortlisted Options.
Task 5 – Presentation of Evaluation Results and Selection Consultant will prepare an in -person presentation for the City of Redlands Municipal Utilities and Engineering Department (MUED) staff, summarizing findings and recommendations from the previous tasks. This presentation shall include all necessary figures, photograp hs, tables, and information to clearly and concisely present the findings and recommendations for City staff to select a preferred construction alternative to be developed through the Final Engineering phase of the Project.
Deliverables: Meeting Agenda, Presentation (PowerPoint), and Meeting Minutes.
14 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm PHASE 2 – FINAL ENGINEERING
Once the Phase 1 – Alternatives Evaluation is completed and design recommendations are agreed upon with the City, the design team will proceed with Final Engineering services for the new Sunset Reservoir site and associated upgrades. These final engineering services will include surveying, potholing, geotechnical analysis, permitting, utility coordination, and construction document development, as described in the following Tasks.
Task 6 – Site Survey and Basemap Preparation
Consultant has teamed up with TKE Engineering to prepare an accurate site survey and basemap for the project extents. TKE’s expertise in survey compliments Consultant’s familiarity with the Sunset project site.
The survey and basemap scope includes the proposed reservoir site, access road, Helen Court, and portions of Helen Drive and East Sunset Drive. TKE will thoroughly research existing utility records and acquire copies of all available records. TKE will noti fy Underground Service Alert to acquire a complete list of underground utility purveyors. The utility drawings will include existing drawings from the City, and drawings and/or atlas maps from all private utility companies, and/or agencies. TKE will confer and coordinate with the following agencies as well as any additional agencies listed in the Underground Service Alert. TKE will send first utility notice letters to all listed utility companies and agencies requesting their data and will maintain copies of the letters and correspondence for future reference. A complete copy of all correspondence with all utility companies will also be provided to the City for their records.
Deliverables: Record Data and Utility Information
Task 6.1 – Design Surveying
TKE will conduct a conventional design survey of the project area due to the level of detail needed for precise grading design. Their field survey crews will collect appropriate detail as required to prepare a topographic map for the entire site to establi sh property boundaries and easements adjoining the reservoir site.
Deliverables: Ground Topography, Utilities and Data in ASCII Format with Description Codes
15 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm Task 6.2 – Topographic Map/Survey Control Plan
TKE will prepare a topographic map for the entire site to establish property boundaries and easements adjoining the reservoir site. The topographic map shall be prepared in AutoCAD format at 1”=40’ scale and shall include 1-foot contours. The survey control plan will be provided to the City in hard copy (mylar) and digital (AutoCAD and PDF) formats.
Deliverables: Topographic Mapping
Task 7 – Geotechnical Investigation
Group Delta will finalize the locations of subsurface explorations once the siting and elevations of the final reservoirs’ pad is determined from the Alternatives Evaluation in Phase 1. Group Delta proposes to have a drilling subcontractor advance hollow s tem auger borings along the top of the proposed reservoirs’ pad and at accessible locations along the tops of existing slopes near the edges of this pad. We also propose to have an excavation subcontractor advance shallow test pits within the existing slo pes below the pad. The purpose of the subsurface exploration is to collect data to support final slope stability analyses, to develop grading needs for fill slopes, and to provide geotechnical parameters and recommendations for the design of retaining walls and foundations.
Group Delta will interpret the subsurface exploration data and conduct analyses to prepare a geotechnical investigation report that will summarize geologic and seismic hazards at the site, provide design recommendations, and discuss constructability considerations.
Deliverables: Comprehensive Geotechnical Investigation Report Task 8 – Final Engineering
Consultant will conduct the final engineering design for the preferred alternative, ensuring the seamless integration of all project components necessary to bring the reservoirs into service. This will include the site civil improvements, structural design of the re servoirs, associated piping and appurtenances, control structures, electrical, instrumentation, site security, architectural finishes, along with necessary booster pump station, pressure reducing stations, and pipelines. The final architectural design will be developed in close collaboration with MUED staff to ensure aesthetic compatibility with the surrounding environment. Additionally, Consultant will incorporate remote monitoring and control capabilities for the reservoirs, enabling full integration with the City’s Supervisory Control and Data Acquisition (SCADA) system for efficient system management and integration.
To support the overall access and functionality of the project, Consultant will engineer site improvements, including grading, drainage, fencing, and access roadways for each site. Special attention will be given to stormwater detention and water quality Best Management Practices (BMPs) to ensure compliance with environmental re gulations, as required. Consultant will also develop erosion control plans, detailing minimum standards that contractors must implement to protect the site from degradation. Consultant will detail necessary Stormwater Pollution Prevention Plan (SWPPP) requirements to be prepared and implemented by the Contractor to ensure that the project’s erosion control measures align with industry best practices and regulatory requirements. 16 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm Consultant will coordinate closely with Southern California Edison (SCE) to design the necessary power utilities for the reservoirs, booster pump station, and control systems, as required.
Additionally, Consultant will collaborate with other utility providers, including gas, power, communications, storm drain, sewer, and water, to identify and address potential conflicts between existing infrastructure and the proposed improvements. While utility owners will be res ponsible for designing and executing any necessary relocations, Consultant will ensure that all required adjustments are incorporated into the final engineering plans to facilitate a smooth construction process.
By delivering a comprehensive, structurally sound, and fully integrated engineering design, Consultant will ensure that the reservoirs and associated infrastructure are efficient, resilient, and seamlessly connected to the City’s existing water distribution and utility networks.
Deliverables: 30% Design Drawings, Specs TOC, ROM Estimate, In-person Workshop 60% Design Drawings, Specs, and Estimate, In-person Workshop 90% Design Drawings, Calculation, Specs, Estimate, In-person Workshop Task 9 – Construction Documents
Consultant will develop suitable -for-construction engineering drawings for the new Sunset Reservoirs and their associated improvements, ensuring a comprehensive and constructable design package that meets the City’s requirements.
Deliverables: Suitable for Construction Drawings and Specifications.
17 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm EXHIBIT "B"
Project Schedule
Task Name Start Finish
Sunset Reservoir Replacement Wed 4/16/25 Fri 1/1/27
Notice to Proceed Wed 4/16/25 Tue 4/22/25
Kick-off Meeting Wed 5/14/25 Wed 5/14/25
Task 1 - Project Management Wed 4/16/25 Tue 11/17/26
Project Management Wed 4/16/25 Tue 11/17/26
Task 2 - Resource Documents and Data Review Thu 5/15/25 Wed 7/23/25 Request Available Record Documents Thu 5/15/25 Wed 6/25/25 Review Available Record Documents Thu 6/26/25 Wed 7/16/25 Conduct Interviews with City Staff Thu 7/17/25 Wed 7/23/25 PHASE 1 - ALTERNATIVES EVALUATION Thu 7/24/25 Thu 1/15/26 Task 3 - Evaluation of Reservoir Alternatives Thu 7/24/25 Wed 11/26/25 Reservoir Type Evaluation Thu 10/16/25 Wed 10/29/25
Hydraulics Evaluation Thu 7/24/25 Wed 11/26/25
Water Quality Evaluation Thu 10/16/25 Wed 11/26/25
Foundations Evaluation Thu 10/30/25 Wed 11/26/25
Regulatory Constraints Evaluation Thu 7/24/25 Wed 9/24/25 Power Availability Evaluation Thu 7/24/25 Wed 9/3/25
Task 4 - Evaluation of Costs Thu 11/27/25 Wed 12/17/25
Costs Evaluation Thu 11/27/25 Wed 12/17/25
Task 5 - Presentation of Evaluation Results and Selection Thu 12/18/25 Thu 1/15/26 Prepare Evaluation Results and Selection Presentation Thu 12/18/25 Wed 1/14/26 Evaluation Results and Selection Presentation Thu 1/15/26 Thu 1/15/26 PHASE 2 - FINAL ENGINEERING Fri 1/16/26 Fri 1/1/27
Task 6 - Site Survey and Basemap Preparation Fri 1/16/26 Thu 4/9/26 Existing Utility Data Request Fri 1/16/26 Thu 2/26/26
Utility Locating (811) Fri 2/27/26 Thu 3/12/26
Site Survey Fri 3/13/26 Thu 4/9/26
Utility Potholing Fri 3/27/26 Thu 4/9/26
Submit AutoCAD Basemap Thu 4/9/26 Thu 4/9/26
Task 7 - Geotechnical Investigation Fri 1/16/26 Thu 4/9/26 Perform Geotechnical Borings Fri 1/16/26 Thu 2/5/26
Perform Laboratory Analyses Fri 1/16/26 Thu 2/5/26
Perform Slope-Stability Study Fri 2/6/26 Thu 2/26/26
Prepare Geotechnical Report Fri 2/27/26 Thu 4/9/26
Submit Geotechnical Report Thu 4/9/26 Thu 4/9/26
Task 8/9 - Final Engineering & Construction Documents Fri 4/10/26 Fri 1/1/27 30% Design Fri 4/10/26 Fri 7/24/26
30% Design Development Fri 4/10/26 Thu 7/2/26
18 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm 30% Design Submittal Thu 7/2/26 Thu 7/2/26
City Review 30% Design Fri 7/3/26 Thu 7/23/26
30% Design Review Meeting Fri 7/24/26 Fri 7/24/26
90% Design Mon 7/27/26 Mon 11/9/26
90% Design Development Mon 7/27/26 Fri 10/16/26
90% Design Submittal Fri 10/16/26 Fri 10/16/26
City Review 90% Design Mon 10/19/26 Fri 11/6/26
90% Design Review Meeting Mon 11/9/26 Mon 11/9/26
Final Design Tue 11/10/26 Fri 1/1/27
Final Design Development Tue 11/10/26 Mon 12/7/26
Final Design Submittal Mon 12/7/26 Mon 12/7/26
City Review Final Design Tue 12/8/26 Wed 12/16/26
Final Design Review Meeting Thu 12/17/26 Thu 12/17/26
Finalize Design Fri 12/18/26 Thu 12/31/26
Submit Final Design Thu 12/31/26 Thu 12/31/26
19 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm EXHIBIT "C"
Fee Proposal
Task 1- Project Managemnet /Initiation 4,200$ 8,362$ 9,620$ 1,400$ 98,462$ 24,761$ Task 2 - Resource Documents and Data Review 4,400$ 36,718$ 4,620$ PHASE 1 - ALTERNATIVES EVALUATION
Task 3 - Evaluation of Reservoir Alternatives
Reservoir Types 11,952$ -$
Hydraulics 32,560$ 47,177$ 34,188$
Water Quality 23,588$ -$
Foundations 19,250$ 9,560$ 20,213$
Regulatory C onstraints 14,816$ -$
Power Availability 11,128$ -$
Pipeline Alternatives* 12,670$ 13,252$ 13,304$ Task 4 - Evaluation of Costs 2,460$ 34,606$ 2,583$ Task 5 - Presentation of Evaluation Results and Selection 2,980$ 19,636$ 3,129$ PHASE 2 - FINAL ENGINEERING
Task 6 - Site Survey and Basemap Preparation 41,760$ 10,868$ 43,848$ Task 7 - Geotechnical Investigation 75,250$ 13,904$ 79,013$ Task 8/9 - Final Engineering/Construction Documents -$ -$ 30% Design 5,000$ 46,113$ 7,550$ 240,092$ 61,597$ 90% Design 23,643$ 3,500$ 186,761$ 28,501$ Final Design 13,083$ 1,350$ 124,354$ 15,155$ Bid Set 5,320$ 1,350$ 52,143$ 7,004$ DESIGN SUBTOTAL Design Subtotal 1,286,930$
949,017$ 337,913$
Total Hours 4302 BRADY HOURS
Total rate x hours 949,017$
Reimbursables (2% of Labor) 18,980$
103,700$ 160,792$ 42,180$ 15,150$
Grand Total 1,305,910$
20 I:\cmo\Agreements\Brady_and Associates PSA FY25-0044.docx-jm EXHIBIT "D"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual employer , or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.
CHECK ONE
_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with suc h provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).
_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.
RICHARD BRADY & ASSOCIATES, INC.
By: Date: ___________________
Karl Kuebitz, Vice President