Proposal to the City of Redondo Beach for
the Operation & Maintenance of the
Beach Cities Transit Services
Submitted by:
12 Mauchly Building I
Irvine, California92618
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Table of Contents
A. Cover Letter ...............................................................................................................................................
B. Background/Experience with FR and DAR ................................................................................... 1-6 C. Service Delivery Approach ............................................................................................................. 7-10 D. Project Management, Qualifications and References ............................................................... 11-13 E. Cost Proposal ......................................................................................................................................... 14 F. Proof of Insurance ................................................................................................................................ 15 G. Qualifications and Client References .......................................................................................... 16-23 H. Supplemental Information ................................................................................................................. 24 I. Required Forms and Certifications .................................................................................................... 25
1. Ability to Meet Requirements of RFP................................................................................................ 26 A. Company Organizational Structure and Resources................................................................... 27-30 B. Staffing and Operational Plan for BCT..................................................................................... 31-33 C. Experience with Fixed Route and Paratransit .......................................................................... 34-37 D. Ability to Perform ............................................................................................................................... 38 E. Bankruptcy Filings ............................................................................................................................. 39 F. Public Transit Contract Terminations ............................................................................................. 40 G. Restrictions, Exceptions or Accomodations ..................................................................................... 41 H. Citations, Fine or Orders to Stop Operations .................................................................................. 42 I. Approach, Capacity and Philosophy for Operation of BCT ................................................... 43-45 J. Organization of the BCT Operation ............................................................................................ 46-48 K. Wages and Benefits by Job Classification ................................................................................. 49-51 L. Hiring/Screening Procedures ...................................................................................................... 52-55 M. Personnel Handbook and D&A Testing Practices ........................................................................ 56 N. Training Programs ....................................................................................................................... 57-64 O. Operating Supervision .................................................................................................................. 65-67 P. Safety, Security and Risk Management ..................................................................................... 68-73 Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Q. Customer Service Training and Standards ............................................................................... 74-77 R. Reservations System and Dispatch Plan ................................................................................... 78-85 S. Methodology for Assessing On-Time Performance .................................................................. 86-87 T. Fare Collection and Reconciliation ............................................................................................ 88-89 U. Data Collection ............................................................................................................................. 90-92 V. Vehicle Maintenance Plan ........................................................................................................ 93-103 W. Operating Facility Plan ................................................................................................................. 104 X. Implementation Plan............................................................................................................... 105-107 Y. Experience with Transit Technology .................................................................................... 108-111
2. Financial Statements .......................................................................................................................... 112
3. Compliance with Specifications ........................................................................................................ 113
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
B. Background/ Experience with Fixed Route and Paratransit Systems The City of Redondo Beach has contracted with
Transportation Concepts ( TC) to operate Beach Cities
Transit since January 1, 2010. Over these 15 years TC
has provided an exemplary level of Fixed Route and
Dial a Ride services. TC was the driving force in
implementing a process to provide accurate reporting
of statistics, dramatically improved on-time
performance, introduced a comprehensive monthly reporting format that provided a much greater degree of operational data to the City, brought in advanced and proven maintenance to address service reliability issues prior to 2010, and dedicated a proven transit leader in Mr. Brett Baum to lead the successful efforts over the last 5 years.
TC’s approach to success has always been that the management and operation of Beach Cities Transit remains transparent, and laser focused on the fact that the community comes first. From our employees to the people we serve, everyone has a stake in the transit system, and without them, we as a Company would not have achieved such success.
Partnership and Continual Improvement
Throughout these last 3 contractual terms, TC has remained instrumental in working with the City of Redondo Beach in a collaborative approach to improving both the image and performance of Beach Cities’ Transit service. This has enabled BCT to maintain steady growth and stability. TC management has always met or exceeded the Cities key performance goals, along with implementing many enhancements, such as a significant fixed route restructuring, which resulted in an increase in ridership since implementation. Enhanced Dispatch and management oversight through a relocation of the dispatch center and management offices to the maintenance and bus storage yard located on Kingsdale Ave, dramatically improved not only the direct supervision of the BCT, but the camaraderie and unity of all employees because of this forward- thinking change. TC worked with the City in the development of a standardization of vehicle type procurement insight coupled with a realistic vehicle replacement plan and enhanced our preventative maintenance program to meet the growing technological advancements.
In July 2015, The City of Redondo Beach awarded Transportation Concepts (TC) a second term contract to continue to operate the Cities Dial-A-Ride and fixed route services.
Beginning immediately, we implemented a computerized scheduling and dispatch system which replaced the manual system that was previously in place. As a result, we saw improved efficiency in the system, and made making reservations for the passengers easier, resulting in reduced passenger wait times, enhanced responsiveness which mitigated customer complaints. Other benefits included improved On time performance OTP), NTD reporting, accuracy in trip scheduling and communication with drivers.
In 2020, Transportation was successful again in being selected and was awarded another 5-year contract with The City of Redondo Beach to continue to manage and operate the Beach city’s transit services. During this period, we opted to implement an enhanced Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
computerized scheduling and dispatch system, replacing the system that was previously in place. As a result, we saw further improved efficiencies in the system. Coupled with attempts to continue to improve, we had a significant challenge in dealing with the Covid Pandemic and the construction of the transit center during this contract period.
Partnership during the Pandemic
Transportation Concepts continued its unwavering
commitment to the Beach Cities community by running
service throughout the Covid-19 global pandemic. We
continued daily service operations on the fixed route
and Dial-a-Ride systems. Not only were we able to
maintain our service but we had our staff diligently
disinfecting and sanitizing the bus stops and
surrounding areas to ensure the safety and well- being of our passengers. This commitment made BCT one of the
safest bus services to ride in Southern California. When other transit agencies were struggling to acquire the necessary PPE. Transportation Concepts was able to source the appropriate PPE to keep not only our staff safe but our rides too.
Redondo Beach Transit Center
Throughout the planning and construction of
the Redondo Beach Transit Center
construction, TC worked in close partnership
with the construction teams, the City, and
other outside agencies to provide off-site
parking for our transit buses to ensure
minimal disruption to transportation services.
We also collaborated with city officials to ensure compliance with local regulations and guidelines. TC, being as safety conscious as itis, provided routine safety site safety checks to ensure our employees were safe when walking to and from their buses.
Integration of Systems & Knowledge of BCT
Throughout our years of experience managing Beach Cities Transit for the City of Redondo Beach, TC has partnered with the City to integrate many enhancements such as the Transit Automated Passenger system (TAP), Real Time Information Systems (RTIS), Digital Bus Destination ( head sign) project, Bus fleet Annunciator implementation project, GMV Syncromatics, and the REI camera systems. This has not only proven to be an enhancement to the riders, but it also has allowed BCT to become a much more efficient operation. Not only has our team implemented these technologies but we have become highly proficient in utilizing them, along with troubleshooting issues and making necessary repairs as needed.
Additionally, with our team’s longevity and experience comes System Knowledge. The following are just a few items that have enhanced not only BCT but the TC operation over the last contract term.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
TAP System Expertise: The TAP (Transit Automated Passenger) system enables efficient fare collection and passenger tracking. Our team is skilled in configuring, maintaining, and troubleshooting this system, ensuring seamless operation in our transit vehicles. This expertise helps us address issues quickly, minimizing downtime and enhancing the passenger experience.
Paycom. TC has also partnered with a Payroll/HR organization ( Paycom) which, besides having all our payroll and HR needs in one place, Paycom also integrates directly with online recruiting sites like Monster, indeed, and Zip Recruiter.
GMV Syncromatics Proficiency: GMV Syncromatics is integral to our fleet management, offering tools for real-time vehicle tracking, reporting, and operations management. Our team is adept at navigating its features, allowing for effective monitoring of vehicle performance and operational efficiency. We can troubleshoot connectivity issues, data discrepancies, and software functionality, ensuring that the system runs smoothly.
Knowledge of Routes: based on our knowledge and experience of the service needs, we have developed several detour and detour notices for the public for the annual events such as the July 4th Fireworks Display, Pier Lighting Events, and 5K/10K Walk/Run events, thus limiting the impact on the public.
Troubleshooting Skills: Our maintenance technicians are trained to diagnose and resolve problems efficiently, whether it involves hardware components or software configurations. This capability ensures that both systems remain operational, contributing to the overall reliability of our fleet.
Repair Capabilities: Beyond troubleshooting, our team is equipped to perform repairs on both the TAP system, the REI Buswatch camera system, and the GMV Syncromatics. This includes hardware replacements, software updates, and system integrations, allowing us to maintain the integrity of these critical systems.
Continuous Learning: We prioritize ongoing training to keep our team updated on the latest technologies and best practices related to technological advancing systems, including ongoing ZEB training and certification programs. This commitment to professional development enhances our troubleshooting and repair capabilities.
Overall, our proficiency with BCT technological advancements ensures efficient operation, enhanced service reliability, and supports our goal of providing an exceptional transit experience for the end user.
NTD
TC has worked closely with City Staff to improve the out comprehensive management report that provided both operational and fiscal data. TC has also assisted the City in the development of the NTD data collection process.
Triennial Reviews
Transportation Concepts has worked closely with the City on their FTA Triennial Reviews, and we have not had negative findings since our involvement.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Other Factors
Based on some of the limitations of the facility, together with the city assistance we have been able to maintain a functional and effective working environment, which includes a dedicated dispatch area, drivers’ room, and management offices. TC also worked very closely with the Transit Manager on plans for the new transit facility, specifically to accommodate the BCT operations and maintenance services, and the facility needs to accomplish that.
With this knowledge, we are well positioned to continue working with this current transit facility and partner with the City with its future transit plans relative to the ZEB roll out as well as the ongoing plans related to the Transit Operations & Maintenance Facility OMF).
Operationally, TC has in place a proactive work environment where focus is placed on safety, service, and the enrichment of our employees. Work schedules are planned out well in advance to accommodate the service needs while allowing employees flexibility in planning their outside activities. TC uses a centralized dispatch system where all employees, customers, and associates contact a central location ( phone, email, in-person, radio) to interact with the operation.
Present Day
Although we are in the final months of our current contract with the City, we are committed to continuous improvement. The following is acurrent project the BCT team has begun:
Upgrading our Scheduling and Dispatch System
o Although the system we implemented back in 2020 as a huge improvement, changes with the manufacturer have resulted in the platform no longer being supported and thus rendering it obsolete.
Over the last several months, TC has evaluated several electronic scheduling and dispatch systems and has committed during this last year of our contractual agreement to move forward with upgrading our existing Dial-a-Ride ( DAR) scheduling and dispatch system to “ Trip Master.” We are currently in the process of training on this new platform and expect to go live mid-to late December 2024. Below is a list of a few key features that will help us to better serve the community:
A new “Smart scheduler" will aid in optimizing the pick-up and drop-off of passengers by creating clusters of riders who are located within proximity.
The Smart Scheduler will incorporate personalized passenger settings that can be set to fit individual needs (For instance, if Jane Doe requires additional time for boarding the bus, the Smart Schedule may be configured to consistently authorize more time for this passenger while boarding). This process helps with overall all-time performance and efficiency.
Dial-a-ride passengers will now receive automated text notifications reminding them of their pickups. Riders will also get text messages letting them know the bus arrival time.
Trip Master’s app-based program has a more intuitive interface making it easier for operators to navigate tablets and help with overall time performance.
Additional details of the Trip Master scheduling and dispatch system can be found in Section R of this proposal.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Overall Company Experience
From the operation of a six-bus shuttle operation at the Ontario Airport in 1982, through today, Transportation Concepts has enjoyed measured growth. Currently, the company manages several Fixed Route, Shuttle or Dial- a-Ride contracts in the Southern California Region, all in areas with similar challenges to the Beach Cities Transit. The company operates these services utilizing a fleet of over 200 vehicles ranging in size from seven passenger minivans to 40-foot transit coaches. Most of the vehicles maintained and operated by Transportation Concepts use Alternative fuels. In addition, we have 9 years of direct experience operating Zero Emission Buses in several locations since 2015 and have partnered with 4 specific agencies over those years on the OMF facility planning, ZEB procurements, and charging infrastructure and related safety and management systems.
Please reference Section Y of our proposal for additional details related to our experience with Zero Emission Bus and infrastructure planning.
Fixed-Route Services
TC has over 25 years of experience operating fixed- route service in the local region with public transit agencies that receive Federal Section 5307 transit funding. In
addition to our fifteen ( 15) years of operating Beach
Cities Transit, other comparable fixed- route experience over the last 20 years includes; 7 years prior experience under contract with Los Angeles Metro operating 55
buses, 19 years under contract with Corona Transit
operating 20 buses, 10 years of prior experience with the Riverside Transit Agency operating 86 buses, along with contracts with Omnitrans, Palos Verdes Peninsula, the City of Avalon, Los Angeles County, and several other municipal operations throughout the Southern California area.
In addition, our talented and valued employees have been responsible for the operation of regularly scheduled services throughout the state including overall management responsibilities encompassing day-to-day administration of systems operating in rural transit environments as well as major metropolitan areas transporting over 5 million passengers per year. This includes routing and scheduling, safety oversight, vehicle and facility maintenance, road supervision and dispatch oversight, integration of technology, and of course vehicle operations. Additionally, the TC management support team has had experience with Fixed Route operations since 1987.
Shuttle/ Circulator/ Feeder Services
TC has been providing shuttle services since 1982. In
fact, we currently operate several shuttle services of
varying operating characteristics to include, airport
and campus shuttles, medical center shuttles, and
employer shuttles. We are extremely proficient at
providing high quality, high capacity, short haul, and
high frequency services. In addition, we provide other
special services including regular shuttles connecting
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
remote parking lots to employment centers; feeder services linking passengers from the train station to employment centers, and commuter services providing transportation from designated parking lots in suburban areas to jobsites located in major metropolitan areas.
These services are one way we can contribute to improving the air quality of the communities we serve.
Demand Response/ADA Paratransit / Dial-a-Ride Services
TC also has close to 25 years of experience operating
Paratransit service in the local region with public
transit agencies that receive Federal Section 5307
transit funding. In addition to our fifteen ( 15) years of operating Beach Cities Transit, other comparable
Paratransit experience over these last 20 years
includes 19 years under contract with the City of
Corona operating 14 vehicles, 15 years with the City of Glendora operating 10 vehicles, 12 years under contract with the Riverside Transit Agency operating 60 vehicles, 5 years under contract with Omnitrans operating 110 vehicles, along with several other operating contracts with municipalities in the Los Angeles and Southern California region.
Additionally, TC corporate support staff have experience providing Dial-a-Ride services for close to 40 years.
We have experience managing various size and types of specialized services ranging from two to over one hundred vehicle operations carrying up to 1,000 passengers per day. In addition, we have significant experience with various automated reservations and scheduling systems.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
C. Service Delivery Approach
Management Philosophy
As a smaller transit organization, our reputation means more to us than just turning a profit. Gill Barnett, the founder and CEO of our company has always stated “If you take care of your clients and take care of your employees, they will in turn take care of the business.” This is the foundation of our company culture was formed on that principal and is one of the key reasons that Transportation Concepts has continued to meet or exceed expectations over the last 42 years, and why we have been selected by the City of Redondo Beach as the contractor of choice for the last 15 years. Another significant reason is that our company stands out in comparison to other transit contractors: “We do what we say - and we do it well.”
Although Transportation Concepts operates as a dba under Parking Concepts, the provision of effective transportation operations is the core business of Transportation Concepts. We do not have other businesses that divert focus from our primary objective with our clients, such as the City of Redondo Beach, which is to transport passengers safely and effectively while creating a positive image for the BCT as well as our organization simultaneously. Our concentration remains on your service. If additional support is needed other than the provision of normal services, we have very tenured and knowledgeable internal staff that can provide consulting and assistance in the areas of maintenance, labor, risk management, safety, technology, and environmental concerns.
Over the last 42 years, Transportation Concepts has nurtured a management approach/philosophy that is specific to the needs of our customers. Although it is extremely important to have reliable corporate support, we believe that the service is only as strong as the local team leader. As we have demonstrated over the last 15 years in working with the City of Redondo Beach, the local team will operate in partnership with City staff by working towards the same goal of providing premier service to the residents and visitors of Redondo Beach and the surrounding beach communities. Our objective is to improve the quality of life in the communities that we serve. Part of our efforts include hiring locally to provide an environment that promotes camaraderie and community involvement as demonstrated over our term in Redondo Beach. In addition, our corporate team will always provide as much support as necessary and be available for consultation as requested anytime.
Company Strategic Plan
We recently embarked on the development of an organizational blueprint for the future direction of the company, as well as to define our long- term goals. We feel it’s important for the evaluating team to better understand the purpose of our company culture and that our long- term goals align with the future of BCT. The following is an overview of that Strategic Plan:
Mission Statement
Empowering our team to deliver superior service to our partners with uncompromising integrity Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Vision Statement
To be the industry- leading service provider for our partners, led by our culture, team, and technology Strategic Priorities
1. Client Retention, Engagement, and Satisfaction
Transparency
Above contract requirements
Project management
Quality service
Deliver what is promised
2. Process Improvement
Develop procedures, SOPs, org chart
Quality assurance
Performance management
Accountability
Efficiencies
3. 5 Rights: People, place, thing, skill, mindset
Workforce
Succession planning bench
Retention + engagement
Performance Management + Evaluation
Reward + recognition
Talent Development
4. Branding and Marketing
Brand recognition
Uniformity presence
Reflect + validate vision
Leverage technology
5. Financial Strategies and Accountability
Expenses/ revenue/ cash flow
Leverage technology
Organizational Values
Integrity
Do what is right…and when no one is looking
Do what is right, not what is easy
Ifin doubt - what would Gill Barnett do?
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Family • Each employee is more than just a number
Treat everyone fairly
Hear and encourage every voice
Customer Focus Prioritize our Customers and their needs Empathize with our customers
Solicit customer feedback at all levels of organization Accountability Take ownership of our actions
Strive for clear, open, and direct communication
Do not dwell on mistakes – learn from them
Safety Guides everything that we do
Target Zero -Zero claims and near misses
Strive for a relentless pursuit of safety improvements
Leadership Lead by example
Establish trust and demonstrate care
Aspire to be great in our service to others
BCT Specific Operations Programs
As a professional provider of transportation services for over four decades, we have developed and implemented programs for a full range of transportation services. Our programs include the following:
Safety – safety culture, employee, riders, maintenance shop, environmental, incident prevention and response.
Customer Service – passenger relations, disability awareness.
Employee Development – recruitment, screening, hiring, training, and supervision.
Maintenance – preventive, body work, warranty, parts inventory, vehicle appearance, heating/air conditioning, audit/inspection, and ongoing technician enhancement training.
Vehicle Operation – employee check in, vehicle inspection, dispatch/ vehicle communications, on time performance, route supervision, fare collection and extensive continual training.
All these programs will continue to be in place for BCT. To successfully facilitate our programs throughout each of our operations we must effectively maintain our support structure and ensure that each area is developing and continuously improving. Every person on our team must demonstrate a high degree of passion for customer service and be able and willing to provide itto the community and the ridership system.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Joyce Rooney – City of Redondo Beach
Over the last 42 years Transportation Concepts has had an excellent performance record with the contracts we have operated. We have consistently focused on efforts to exceed client expectations and nurture an excellent safety culture within each of our operations.
This approach has resulted in our organization achieving a solid reputation for getting the job done as promised. We are proud of our success. However, our philosophy is one of always keeping our eyes open for a better way to serve our clients. We are committed to continue operating under this philosophy relative to the service provided to the City of Redondo for the Beach Cities Transit Service.
The following is our Beach Cities Transit Operations Policy and Procedures manual.
This is issued to all employees upon hire. In addition, our company handbook is also issued at the time of hire, and further demonstrates our understanding of this project.
Information on our employee handbook can be found in Section M of this proposal.
Since Transportation Concepts began service operation for the City in January 2010, their success rate has been largely based on the management staff who continue to be adaptable, responsive and proactive in resolving service issues, providing professional and technical assistance, and in addressing the needs and expectations of City staff ”
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
These procedures are incorporated into the existing TC Handbook. Situations may occur that are not covered by these policies and procedures, such instances, drivers must exercise good judgment. In all situations, drivers must report these to their supervisor and dispatch.
All drivers must become thoroughly familiar with the TC policies and procedures, special requests and instructions. Ignorance will not excuse negligence of duty, and disciplinary action as stated below or contained in the TC Employee Handbook, sections “ K”, Workplace Conduct page 43-45. Clarification of these rules must be done through your immediate Supervisor or Trainer.
1. Special Instructions:
Special Instructions supersede the procedures contained herein and are to be obeyed while in effect.
Special Procedures and instructions may be issued in the form of:
Bulletins
Notices
Memos
Schedule Memos
2. Compliance and Instructions:
Drivers must accept responsibility for and carry out the oral and written instruction of any authorized TC or Agency representative.
3. Notice Boards and Mailboxes:
Drivers must consult the noticeboards and check their mailboxes if provided before and after each day’s assignments.
4. Cooperation with Law Enforcement and Fire Department:
Drivers must cooperate with Law Enforcement and Fire Department agencies. If such cooperation creates a dangerous situation or changes any established TC procedure, notify your supervisor immediately for clarification. At no time can passengers get involved with assisting in any safety related issue. An Incident report must be completed and turned into your supervisor at the end of your shift detailing the incident.
5. Safety in the Yards:
Drivers must be alert and take necessary precautions to ensure their personal safety and the safety of others. Reflective Safety Vests must be worn at all times when walking yard and or layover. The safety vest may not be worn while operating any vehicle.
6. Seat Belts:
Drivers must wear seat belts when operating any vehicle, revenue vehicles included. When operating a non-revenue vehicle, it is the operator’ s responsibility to ensure that all occupants of the vehicle are using the seat belts before the vehicle is put into operation.
7. Electronic Devices:
All electronic devices must be off and not visible while operating a vehicle, including a non-revenue vehicle. The only exception is the two-way radio or PTT phone. Using a cell phone while operating a vehicle will result in immediate termination.
Cell phones and accessories
Computers and accessories
Electronic audio and visual devices.
Earpieces.
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
8. Pull in, Pull out and Off Route:
Drivers must strictly adhere to all operating procedures and traffic laws on all pull out, pull in and detours. Drivers must never park or layover in any unauthorized location. Unnecessary deviations or delays are prohibited. Drivers must always use their four way signals when pulling into a stop.
9. Routes:
Deviating from routes is prohibited, unless directed by Law enforcement, fire department, supervisor or agency representative. Routes are to be completed as per the established paddles. Cutting a route short or deviating without authorization will result in immediate termination.
10. Service Delays:
Drivers must notify dispatch immediately when a delay or blockade has interrupted service for more than 10 minutes or may prevent the bus from reaching the layover in sufficient time. Also, notify dispatch once the delay / blockade has been cleared. Ensure this information is written on your trip sheet.
11. Time Points:
Speeds must be monitored so that drivers arrive at time points safely and on schedule. DO NOT depart time points earlier than the scheduled time. DO NOT arrive at time points or layovers more than 3 minutes ahead of schedule. Running times must be distributed evenly between time points.
Violation of this section will result in Disciplinary action up to and including termination.
12. Detours:
When driving through an authorized detour, stop at any intersection where it is safe to allow passengers to board and alight.
13. Layover:
Engines must be turned off when layover time exceeds 5 minutes. Always ensure your vehicle is pulled forward and does not block any driveway or intersection. Always try to accommodate other drivers.
14. Unattended Buses:
When a bus is left unattended at any location, it must be properly secured. Do not leave any supplies on the bus. Drivers must keep their passes, ID badges, and transfers on them at all times.
Return to the bus with sufficient time to prepare for service. Never leave passengers onboard when unattended. Always notify dispatch when you leave the bus unattended.
15. Announcing Departures:
Announcing your departure should be done moments before departing the stop. Always keep a look out for passengers.
16. Transporting Animals:
Drivers must transport service animals in accordance with the Americans with Disabilities Act guidelines. All other animals must be secured in a suitable carrier. Notify dispatch whenever a service animal is onboard.
17. Request for Assistance:
All requests for emergency assistance must be made through dispatch. A driver may request the assistance of law enforcement or just the assistance of a supervisor. Drivers must use the correct10 codes when these requests are made.
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
18. Reporting Disturbance and Altercations:
Report all disturbances and or altercations to dispatch as soon as it is safe to do so. Always wait for the supervisor’ s arrival. Avoid all confrontation even if it means getting off the bus. Safety first.
Incident report must be submitted before signing off for the day.
19. Fares:
Never insist on payment of fares, just quote the fare. DO NOT create a situation that can jeopardize your or the passenger’ s safety.
20. Unnecessary Service Delays:
Drivers must never stop to purchase food or beverages or to conduct personal business at any time; this includes deadheading to and from the TC yard to the start or end of service while operating any vehicle. Stopping along the route to use the restroom in an emergency is permissible. If said stop is at a business that sells food or beverages, Operators are not permitted to make purchases.
In the event the restroom is in a mall or casino, the same rules apply, shopping and gambling are restricted.
The only exception to the above is when an Operator is on their meal break and has been authorized to use a TC vehicle during their meal period.
Always contact dispatch when there is a need to stop. Dispatch will need your name, route #, bus # and location. Once back in service you will again need to contact dispatch informing them you are back in service. Passengers can never be left in your vehicle unattended. Also instruct the passengers to disembark.
21. Treatment of Passengers:
Good passenger relations are essential for our success. Drivers are required to treat all passengers in a courteous and respectful, and professional manner at all times. When dealing with your passengers, be conscious of your actions and words used, but as importantly your tone. Don’t be offensive and sarcastic. Remember, you not only represent TC, but the Agency/ Client as well.
22. Tampering with Fare box:
Drivers are strictly prohibited from tampering with the fare box. Drivers are not permitted to use any non approved tool to clear the fare box. Any attempt to adjust or tamper with the position or normal operation of any of Company property, including the fare box is strictly prohibited. Employees who engage in theft of, or willful misuse of Company property will be subject to discipline up to and including immediate termination and where appropriate and criminal prosecution.
23. Securing Fare Media:
Drivers are responsible for all fare media that is issued to them as well as any that is collected during their assignments. Fare media must never be left on the bus when the vehicle is unattended. When drivers are on the bus, the fare media should be stored out of sight at all times. All fare media must be turned in at the end of your schedule. IAT cards must be documented on the driver' s trip sheet reflecting how many were received, sold and returned to dispatch.
24. Radio Conduct:
Vehicles that are equipped with two-way radio systems fall under the direction and is regulated by the FCC (Federal Communications Commission). The following is prohibited over the radio:
Use of obscene, unnecessary comments, slang terms and profanity Unauthorized use of messages
Excessive, false or deceptive signals or communications Unauthorized call signs
Tampering
Violation of this section will result in Disciplinary action up to and including termination.
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
25. Smoking Policy:
Transportation Concepts ( TC) is committed to providing a safe and healthy workplace and to promoting the health and well-being of its employees. It is the policy of TC to prohibit smoking on all Company premises and in all Company vehicles in order to provide and maintain a safe and healthy work environment for all employees. In conjunction with state and local law, employees are free to smoke in designated areas outside the buildings and vehicles during non-working hours ( i.e. before work, during breaks and after work).
In fairness to all employees, individuals who smoke are expected to comply with existing Company policy regarding break time. Smokers will not be singled out or monitored in any way that results in treatment different from that applied to other employees.
Employees violating Company rules on breaks or smoking will be subject to disciplinary action up to and including termination.
TC operates in accordance with California Code Reg. Title 22, sec 12000 (b), which states that tobacco smoke is a chemical known to the state to cause cancer. Also, TC follows all the city, county and state policies and regulations in monitoring smoking in public places. Any employee who violates Company/ locations smoking policies will be subject to disciplinary action. Ref: Employee Handbook January 2024.
Administering the Policy
The no smoking policy applies to all employees and outside business guests who may be visiting the building
This policy covers the smoking of any tobacco product and the use of smokeless ( or spit) tobacco
Smoking is not allowed within the building at any time
Smoking is not permitted in any company vehicles, either owned or operated by Transportation Concepts
It is the responsibility of each employee to ensure that his/her visitor( s) comply with all provisions of this policy
Smoking is permitted on the grounds provided that it occurs beyond 25 feet of any building entrance or open window
Employees who choose to smoke within the permitted areas must do so on their regularly scheduled breaks or meal periods
All materials used for smoking, including cigarette butts and matches, must be extinguished and disposed of in appropriate containers as provided
No additional time off work shall be authorized for employees that smoke Each employee is expected to abide by the terms of the Smoke- Free Workplace Policy Employees are required to sign an acknowledgement that they have read and understand the smokefree workplace policy. A copy of the signed acknowledgement will be placed in the employee’ s personnel file.
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
26. Speed:
Drivers will not drive any TC or agency vehicle at a speed that exceeds the posted speed limit, or a safe speed for the conditions. Speed adjustments should be made only when directed to do so by a posted speed limit sign. Adjustments should be made for inclement weather, traffic conditions, visibility, surface of the roadway and the size of the vehicle.
27. Destination Signs:
Drivers must display the proper destination sign number, destination route sign at all times. When not in service on pull out and pull in, or off route trip the driver must display a “Not in Service” destination.
28. Use of Lights:
Regardless of time of day, i.e. sunrise, sunset or darkness, the interior lighting and lighting in stepwells on buses shall be sufficient for passengers to enter and exit safely. Remember, passenger safety starts with a good vehicle safety inspection which includes interior lighting. If you find safety critical systems are not in working order they must be reported to Dispatch and Maintenance.
29. Tires:
Except when curbing wheels for proper securement, ensure that the tires of any vehicle do not contact the curb or any object that could damage them. If the tires are damaged, note the damage on the DVIR.
30. Door Operation:
Do Not open the doors at any time while the bus is in motion. The bus must come to a complete stop before the doors are opened and be completely closed before the bus is in motion.
Violation of this section will result in disciplinary action up to and including termination.
31. Vehicle Check at Layover:
Upon arrival at a layover, drivers are required to check their bus for the following:
Sleeping or intoxicated passengers
Lost articles
Debris
Hazardous Substances
Damage
Low tires
Lights
32. Calling Stops:
Drivers are required by ADA regulations to announce in a clear, distinct voice all transfer points, major intersections, and destination points, points of interest and any stop or location upon request.
In addition, make announcements at sufficient intervals along the route to familiarize vision impaired passengers to their locations.
Violation of this section will result in disciplinary action up to and including termination.
33. Passenger Stop Request Sign:
The stop request sign must be on at all times.
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
34. Driver / Passenger Conversations:
Avoid all unnecessary conversations while the bus is in motion. Questions should be answered briefly and politely, without diverting attention to the road. Treat all questions and answers as if it is the first time you have heard it, regardless how many times you have heard the questions before.
Schedules should be provided to the passenger to help minimize inquiries.
35. Ejection:
It is illegal and prohibited for any Driver to place their hands upon a passenger without that passenger’ s permission. Passengers behaving in an offensive manner should be requested to stop the offending conduct. If it becomes necessary to request the offending party to alight the bus, always notify dispatch and have a supervisor meet you on route. When alighting the passenger, the bus should be pulled over to a safe location. Small children or people who appear to be in a vulnerable position must never be ejected. A full report must be handed in at the end of the driver’s schedule. Courtesy cards should be handed out to passengers when situations like this occur.
36. Badges:
The employee identification badge is part of your uniform and must be worn at all times. After receiving your badge it’s your responsibility to keep hold of and protect it.
If you have legitimately lost your employee identification badge there is a $20 replacement fee. Any Driver who knowingly allows someone else to use their employee badge will be terminated.
37. Time Keeping:
It is recommended that all operators keep a record of their working hours. Each work run has a signon and sign-off time. An employee may sign on early does not entitle you to overtime. Employees are required to sign their name next to their sign in time and again when they sign out. This is to be done at the scheduled time, not before and not after.
Any overtime occurring at the end of your shift must be approved by the on-duty controller. If you can’t justify the reason, you’re completing your shift late the on duty Controller is not authorized to sign- off on the overtime.
38. Assisting the Elderly:
As a person ages, physical changes begin to appear.
Vision – This is affected in many ways; the eyes ability to distinguish between colors is impaired. Bright and contrasting colors should be used to assist elderly persons.
The white or yellow stripes on stairwells and aisles help distinguish between steps and the width of the aisles. Eyes can become very sensitive to bright sunlight. The eye becomes more susceptible to cataracts, which causes vision to be cloudy and blurred. Blurred vision can also affect the elderly person’ s ability to judge distance. To further aid the elderly, bus operators are required to call stops, transfer points and time points.
Hearing - The range of hearing, especially in the areas of very high or low-pitched sounds is normally limited by age. It is important, therefore, not to shout at an elderly person since this normally does little good and may cause them to become upset or confused. It the elderly person seems unable to hear you, speak a little louder and slower, and even try in a lower voice.
Physical – Many elderly persons experience difficulty in boarding the bus. They may have physical conditions and injuries that limit their mobility. Park the bus close to the curb at the stop, and make sure that the doorway openings are positioned properly. Point out obstacles or hazards, which they may encounter and offer to assist them as they board or alight from the bus.
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
Priority Seating - The first two front rows are allocated to priority seating for the elderly.
Upon request, a bus operator can ask passengers in these seats to move in order to accommodate elderly passengers.
The ADA ( Americans With Disabilities Act) does not require elderly persons to use priorityseating areas on the bus.
A few pointers that may help you as a bus operator to assist with the elderly.
Announce the bus and route number to elderly passengers standing outside the bus. This can be done using the PA system.
Announce stops, transfer points and time points.
Speak clearly and more slowly.
Park closer to the curb.
Kneel the bus.
Keep priority seating open.
Passengers seated in designated areas are not compelled to move, as the elderly are not required to use designated seating. However, from a customer service standpoint you should try to encourage this.
39. E-Mail, Voicemail, and Computer Network System Policy:
Employee privacy rights do not extend to work-related conduct or the use of company- owned equipment or supplies. You should be aware of the following policies:
Our Right to Access Information
Although employees have individual access codes to e-mail, voicemail, and computer network systems, these systems are accessible at all times by Parking Concepts, Inc. and may be subject to periodic unannounced inspections by us. All system access codes must be available to the Company, and employees may not use access codes that are not known to the Company.
Systems Use Restricted to Company Business
Employees are expected to use e-mail, voicemail, and computer network systems for Company business only and not for personal purposes. Personal purposes include, but are not limited to, soliciting or obtaining opinions for commercial ventures, religious or political causes, outside organizations, or other non-job-related solicitations. In this regard, the Company reserves the right to retrieve and read any messages composed, sent or received. Please note that even when a message is deleted by the user or recipient, it may be possible to re-create the message; therefore, complete privacy of messages cannot be guaranteed to anyone, and communications should be limited to business purposes.
Forbidden Conduct
Employees are prohibited from using PCI/ TC information systems in any way that may be disruptive or offensive to others including, but not limited to, the transmission, receipt or viewing of sexually explicit messages, cartoons, images, sounds, ethnic or racial slurs, or anything else that may be construed as unlawful harassment or disparagement of others.
Password Security and Integrity
Employees are prohibited from the unauthorized use of other employees’ access codes to gain access to their e-mail and voicemail messages. Personal or other inappropriate use of information systems will result in disciplinary action up to and including immediate dismissal.
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
40. Lost and Found:
Any item found on a bus must be properly documented and secured by the following process.
Initial Find
Drivers are to call in stating when and where the item was found Dispatchers are to log the call
Returning to the Yard
The driver is to turn the item over to the dispatcher on duty The dispatcher is to tag the item.
The dispatcher is to log the item in the lost and found logbook Securing the item
All lost and found items are to immediately be secured in the combination safe Any bulk items that cannot fit in the safe should be secured in the manager’ s office Returning Items
Passengers must produce I.D when claiming items at our facility
41. In Service Check:
All drivers are to contact dispatch when going into service. This is to be done when first starting service and anytime you are starting after relieving another driver, or after a lunch break.
The correct procedure after confirming contact is to state your route and then “ 10-8” and your location. For example: Dispatch: “ go ahead”, 102-1, 10-8 at the Pier”. An example for lunch relief drivers is as follows: Dispatch “ go ahead”, Operator: 10-7, 10-8 at LAX”.
Again, this only needs to be done on the first trip when you take over your bus, not on every trip of your route.
42. Bus Stops:
At bus stops that service more than one bus at a time, please remember to stop at the end of the stop, not in the middle.
Additionally, if safe to do so, if another bus pulls in behind you, pull forward to allow the other bus to safely enter the stop. Always ensure you stop at the service stop when another vehicle bus is already at the stop.
43. Reporting Incidents:
Anytime an incident or anything out of the ordinary occurs, no matter how minor it may seem at the time, you MUST report this to dispatch and or a supervisor immediately by radio or cell phone. Once you have completed your shift you are then to ensure an incident report is made out and issued to your supervisor or manager before you sign off for the day.
Every incident that occurs in a vehicle has the potential of escalating into liability for and cost to the company, but most importantly it can jeopardize your job.
The following are examples of the more common types of incidents but does not include every type of incident that may occur.
Passenger failing to pay for his/her fare.
Passenger arguing with another passenger, or yourself.
Passenger disturbing other passengers.
Passengers not having the correct or expired transfers or cards.
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
Accidents.
Passenger injuries.
Passenger falling when de-boarding the bus.
Road hazards.
Passenger conflict.
44. Rewritten Trip Sheets:
When drivers rewrite their trip sheets the following procedure must be followed.
When a trip sheet is rewritten, only ( 2) copies must be submitted ( Original trip sheet & rewritten trip sheet).
Specific comments providing explanation of rewrite must be placed on the comment section of rewritten trip sheet
Original trip sheet and rewritten trip sheet must be stapled together
45. Talking to the Media:
It is TC policy that drivers or any employee ARE NOT PERMITTED to speak to the media at any time for any reason. This is a very sensitive issue and could cause heavy liability issues for both the agency and TC. If you are approached by someone from the media for a comment on anything, you are to redirect them to TC Management.
As an employee of Transportation Concepts, you are also an ambassador and representative for the Agency/ Client. Anything you say or do, while in uniform, on the clock or on the bus reflect on both TC and the Agency and Client. As a driver, you are always in the spotlight, especially when there is an accident, incident or even changes to the service, and people from the media are always trying to get information from you as you are first line of the source.
Violation of this section will result in disciplinary action up to and including termination.
46. Uniform Policy:
Image is an important factor when it comes to professionalism. TC prides itself on its image and And this is why we issue uniforms. It is up to each of you to ensure your uniforms are clean and that you are in complete and proper uniform during all assigned shifts, this includes fueling. Failing to be in complete and clean uniform will result in the employee being sent home.
Watches form part of a requirement for this job, and it is your responsibility to have a good working watch with you at all times during your shifts. The correct time of day must be maintained at all times while on duty. Watch malfunctions are not an excuse for running off schedule.
The following is the required TC uniform:
TC issued Shirts – ( ONLY WHITE T-SHIRTS ARE ALLOWED UNDER THE SHIRT) TC issued Pants
Black Shoes
Dark Socks
TC issued Jacket
TC issued Caps ( or plain blue, no lettering)
I.D. Badges ( When issued)
47. Credentials:
Renewal of your proper credentials is your responsibility!
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
Your credentials consist of your Driver License, VTT Card and your Medical Examiners Certificate.
The company is NOT responsible for reminding you when your credentials are going to expire. It is your responsibility to keep all your credentials current and not wait until the last minute to renew them. In regard to your VTT Card it is your responsibility to make sure that you have enough inclass training hours to renew your VTT.
If the re-newel of your credentials should interfere with the company’ s day-to-day operations due to neglect on your behalf, you will receive a written warning and be suspended without pay until your credentials are updated.
48. Passengers Riding with Luggage:
Luggage must be positioned in front of or on passengers while the bus is in motion. The luggage must not occupy additional seating or the seating or leg space of another passenger. If the luggage does not meet these criteria, then we cannot place luggage on the bus. As a result, we cannot transport customers.
49. Wheelchair and Mobility Device Policy:
BCT requires all wheelchairs and mobility devices to be secured by a 4-point system.
Passengers failing to adhere to this rule will not be permitted to ride.
Loading:
Location: ensure that the vehicle is on the correct side of the street The vehicle should be on firm, level ground
Lift should come to rest on concrete or pavement
Always avoid soft, wet, or slippery surfaces
Before contact is made with passenger security belt must be put on Vehicle:
Leave engine on
Turn fast idle on (If applicable)
Turn the lift switch on (If applicable)
Engage parking brake
Make sure wheelchair is clear of lift deployment
Authorization:
Only TC personnel, who have been properly trained in wheelchair procedures, may perform these functions.
Deployment:
Deploy lift to flat, solid ground
Pull the wheelchair onto the lift platform, passenger facing away from vehicle
Secure brakes on the wheelchair
Disconnect an electric wheelchair’ s power supply, if the passenger is not able to fully control the chair
Fasten and tighten lift belt if equipped with one
Stand behind the passenger if space permits and notify the passenger that you are about to move the lift
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
Ride up on the lift platform, if you can safely do so, holding the wheelchair with one hand
Make sure that the safety lift flap locks into an upright position as the platform clears the ground
When the lift reaches the top of its cycle, release wheelchair brakes and pull the chair backwards into the vehicle
Maneuver chair to securement position, DO NOT LIFT the wheelchair Securement:
4-point tie-down system is to be used
Under no circumstances should there be less than 4 straps used All wheelchairs and mobility aids should always be secured in a forwardfacing position All electric wheelchairs must have power turned off while secured Encourage passengers in scooters to transfer to a seat
Equipment:
4-tie down straps, 2 front, 2 back
One lap-belt set
One shoulder harness set
If the shoulder harness cannot be secured, then a lap belt will suffice, however, these should be rare occasions
Connect:
Apply brakes to the mobility aid
Connect front tie down straps to a T-connector of the wheelchair frame, on the front half of the wheelchair
Connect back, ratchet tie down straps to a T-connector on the back half of the wheelchair
Never connect straps to wheels, footrests, armrests, or any detachable or moveable part of the wheelchair
A tightened tie-down strap must be straight, not twisted Unoccupied wheelchairs must be tied down
Recheck:
Recheck all straps, test by pulling from the back of the wheelchair to see if it moves
Unloading:
The unloading area should always be on level ground
The vehicle engine should be on, parking brake on, lift switch on, fast idle onif applicable Release all tie downs and store them in proper container Activate lift
Verify that the safety belt is secured
Maneuver wheelchair onto lift, setting brakes
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
Inform the passenger that you are going to activate lift to downward position Lower to the ground by standing on the lift behind the passenger and holding onto the wheelchair with one hand
If the wheelchair is too large to allow you to ride on the lift platform, stand on the ground and to the side of the lift while raising and lowering. Maneuver the wheelchair onto and off the lift platform while standing on the ground in front of the lift. Once the wheelchair is aboard the vehicle, secure it, then proceed to secure the lift closing all doors
Once the lift reaches the ground, ensure the end gate is down, unlock wheels, unfasten lift strap, then push wheelchair off of the lift platform Secure the area by stowing the lift and closing doors, never leave the lift out and unattended
General guidelines:
Never leave the keys in the vehicle when assisting passengers to a destination
Safety belt to remain on the passenger until they are at their destination Never leave passenger unattended on the lift
Store tie downs in proper container
Always maintain physical contact with the wheelchair
Explain each element of the procedure to the passenger
Always lock brakes on the wheelchair
Shut off power to electric wheelchairs when on the lift platform and in the vehicle
Make all wheelchair movements as smoothly as possible
DO NOT leave the vehicle running in front residences, or facilities. When not in use always turn the engine off
Do not use the manual operation capability of the lift to load a passenger.
This function is intended to unload passengers when the lift cannot be operated electrically. No standees permitted during manual operation Ergonomics:
When physical strength is required, always use leg and hip strength, not back strength
When securing tie-downs, kneel and keep your back straight Do not move a wheelchair over multiple steps
Pull a wheelchair downhill and push moving uphill
If at any time circumstances prevent you from following these procedures contact dispatch
50.Your Responsibility as an Operator:
Drivers shall carry out a complete walk around inspection of the vehicle prior to the departure of the first run of each day to satisfy DOT requirements and company regulations.
Drivers shall instruct passengers on loading and unloading procedures, safety rules and rules of conduct when needed.
Drivers shall always be in their vehicle when loading and unloading passengers, with the exception of loading and unloading wheelchair passengers.
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
Drivers shall not allow passengers to sit or stand in the driver’s compartment, shall enforce strict discipline on the vehicle and shall enforce all rules of conduct of the company as outlined by the company policy. This makes allowances for the Standee Policy.
Standees: No standees allowed beyond the “ standee line”, and as long as you have full view of all your mirrors. The dispatcher must be notified when you have a full bus.
Drivers shall not leave the vehicle while passengers are on board. In case of an emergency set the emergency brake and turn off the engine and remove the key.
Drivers shall unload or load passengers only at the designated time and place. If there are any changes to the route the drivers will be notified by the Dispatcher / Supervisor or General Manager.
Drivers shall keep the service doors closed at all times when the vehicle is in motion.
Drivers shall not back up a vehicle unsupervised except in an approved area or in an emergency.
Drivers shall report any mechanical problems in writing on the DVIR forms to the Supervisor.
Drivers shall use radios strictly for company business and conduct all conversations in a professional manner. Drivers, in the event of a mechanical breakdown, you are to immediately notify the Dispatcher of your location and the nature of the problem by using the correct radio codes.
Drivers shall report any incident to the Dispatcher immediately. The driver should not continue in route unless authorized to do so by the Dispatcher.
51. Pre and Post Trip Inspections:
Pre and Post Trip Inspections are Mandatory parts of your daily functions. Pre-Trips and the completion of your DBR’ s must be done before the bus rolls out of the yard. Drivers are to be present on their buses during the time of Pre-Trip. Supervisors will monitor this daily. AM DRIVERS. The PM drivers are to complete their Post Trip Inspections when they return to the yard.
52. Drivers Trip Sheets:
The drivers logs forms part of your daily function. Your paperwork is to be completed in full, this includes bus details, route times and all ridership details. Most importantly is that you complete all ridership details, especially on the last run. If you do not pick up any passengers, you must fill in the spaces with a zero. Please ensure that all your transfer information is filled in accurately and your start and end transfers and any unused punched transfers are stapled to your paperwork. This includes the last run, if you do not have any passengers, fill in”0” in the space provided.
Your start and end times must be filled in on every trip, this is the actual time you leave and arrive not the time as per the schedule. Do not only write the start time and leave the end time blank.
Please refrain from circling and artwork on the logs, this is an official document which is audited by TC and Agency/ Client.
53. DVIR:
DVIR’s may only be completed during the physical inspection. You cannot do your inspection and then complete the DVIR in the office. Drivers who do not adhere to the above will have to re-do their pre-trip the correct way.
For your own safety, the following procedure must be adhered to correctly:
1. The first driver assigned to a vehicle fills out the DVIR in triplicate.
2. The DVIR is to be completed in full reflecting the following items; Vehicle #
Date
Drivers Name
Start miles At the end of your shift, complete the End miles and End time
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
Start time
Check off each item one by one. For defects mark an “X” next to the item Any comments related to the defects found. No personal comments must be made Drivers to sign the DVIR (middle of the page)
Supervisor / Dispatchers signature ( right top corner)
3. Supervisor/ Dispatcher must sign off DVIR initialing the top right-hand corner of the DVIR, ensuring all safety related items are checked off before the bus departs from the location.
4. The signed YELLOW copy must be handed to the supervisor / dispatcher before leaving the location.
The PINK and WHITE copies are kept on the bus for the duration of the day while the bus is in service.
5. The 2nd and 3rd drivers are to use the same DVIR as the first, this time completing the drivers #2 or 3 box.
Name
Start miles
Start time
Check off each item one by one. For defects mark an “X” next to the item. (for the drivers taking over in route, do the work around and check brakes).
End time At the end of your shift
End Miles
6. At the end of the day after the Post Trip Inspection is completed, the PINK copy is to be left in the vehicle for the next morning driver to review and the WHITE copy is to be turned into the supervisor/ dispatch.
This will allow the morning driver the opportunity to see what defects the previous driver wrote up).
7. Whenever a repair is done, the mechanic will check and sign off on the defect which was reported on the WHITE copy of the DVIR and file this with the repair order in the vehicle file. The mechanic must also check off the repaired items on the PINK copy on the bus.
54. Sick Passengers:
If a passenger is sick on the bus, the driver must pull over immediately in a safe place, and call into dispatch informing them of this. Check with the passengers if they require medical assistance. If assistance is required, advise dispatch, who will call 911.
Immediately dump the kitty litter over the spilled body fluid and instruct the passenger/ s to move to another seat. Do not inhale while dropping the kitty litter and do not touch any of the body fluid.
Then continue route until a replacement bus meets you to do a bus exchange. The bus is returned to the location and tagged for utility personnel or mechanic to clean up.
The bus cannot go back into service until the body fluid is cleaned up correctly.
Requirement: All drivers are to ensure they have at least one bag of Kitty litter on their bus when doing their pre-trip inspection.
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
55. Passing- Up Bus Stops:
Skipping stops is prohibited. Only buses full to capacity and approval from dispatch can pass a stop.
56. Pedestrians:
You must always yield the right of way to pedestrians crossing the street regardless of whether they are at a marked crosswalk or not. Pedestrians may stop/ change direction back into the path of the bus. Always use caution, until they are well clear of the bus.
Watch for pedestrians emerging between or around large vehicles.
57. Recovery Time:
Recovery time is the time between the scheduled arrival of one trip and the scheduled start of the next trip. This time is to allow for recovery of lost time and provide appropriate headway spacing. This is not break time, or personal time, but may be used as such if there is waiting time before the next scheduled departure. You should return to the bus with enough time to board passengers.
Note: Never leave an unattended bus with passengers on board, and always advise dispatch that you will be away from the bus.
58. In Service Driver Relief:
Drivers are never to wait at the relief point if the relief driver is running late. Continue in service but advise dispatch. The relief driver will be required to meet you on route.
59. Extra Board:
An Extra Board (EB) position is selected by bid. This position requires the driver to be qualified to drive all Fixed route and DAR routes. This position fills in for drivers when they are sick, on vacation, or an open bid. The driver should be flexible with their hours, as the hours can change depending on the requirement on the day.
60. Railroad Crossing:
Remember anytime can be train time, whenever you approach a railroad crossing LOOK, LISTEN, LIVE.
1) Slow down upon approach.
2) Activate your 4-way flashers at least 100 feet from the railroad crossing. 3) Come to a complete stop no less than 15 feet, no more than 50 feet from the crossing marker stop sign, black and white X shaped crossbuck etc. If you are unable to get a clear view in either direction after the initial stop has been made, you may move up to a point (NOT THE TRACK) where you may determine that no train is approaching.
4) Pull the bus to the right side of the lane.
5) Listen and look in both directions for approaching trains. Open the front door of the bus to improve your ability to see and hear an approaching train. Look for a second train. 6) Stop and wait for approximately 30 seconds.
7) Proceed only if the track is clear, the arms are up, and signals are off. Make sure there is no traffic ahead which might prevent you from completely crossing the tracks. 8) When it is clear, close the door and cross only when all tracks are clear.
RAILROAD XING PROCEDURES SPECIFIC TO THE XING ON SEPULVEDA BLVD AFTER LEAVING PLAZA EL SEGUNDO.
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
9) When traveling West on Park Place Drive to Sepulveda, you must be in the outer turning lane. 10) Put on your 4-way flashers immediately as you start to make the turn, this will warn vehicles behind you, you are preparing to stop.
11) Pull from the intersection, slowly, do not speed up. 12) Come to a complete stop in this same lane; do not merge to the curb lane, or inner turning lane. 13) Follow the same rules as points 3 through 8.
14) Upon pulling from the railroad crossing, merge one lane to the left, to make the left turn onto Rosecrans. Remember to stay in the outer turning lane, as your first service stop is just after you make the left-hand turn.
61. Rules of the Bus:
1) Fixed Routes:
a) Operators should not allow any passengers to stand behind the yellow standee line. b) Operators are to ensure that customers have moved as far to the rear as possible and are not seated on the floor.
c) Operators should not allow any person to occupy a position that will interfere with your vision to the front or sides, or in the outside rear-view mirrors ( i.e., they must stand behind the yellow line).
d) Children 6 and under must be accompanied. If a child attempts to board and there is no adult escort, board the child and notify Dispatch immediately for instructions. e) When necessary, Operators should request priority seating for the elderly or disabled passengers.
f) Wheelchairs must be secured with a four-point tie down, and request the passenger uses the shoulder and lap belt.
2) Dial-A-Ride (DAR):
a) DAR operators are expected to make sure that they are standing outside the vehicle at the passenger door to assist passengers boarding and exiting from the vehicle. If the passenger refuses assistance, you are still required to stand by the door. b) Always tell the passengers to watch the step and hold on to the handrails. c) Ensure the passenger is seated and secured preferably with seatbelts before putting the vehicle in motion.
d) A vehicle should not be put in motion until the doors are closed. The doors should not be opened until the vehicle is at a complete stop. e) Warn passengers to wait until the vehicle comes to a complete stop before attempting to stand.
f) During darkness and whenever otherwise deemed necessary, you should ensure that the interior lighting is sufficient for customers to enter and exit safely. This is to be done by leaving the adequate number of interior lights on while in transport.
g) Wheelchairs must be secured with a four-point tie down, and request the passenger uses the shoulder and lap belt.
62. Fueling Buses:
All buses are to be fueled by the drivers when the fuel levels get too low. Fueling should be done at least once per shift. The times for fueling can be advised through dispatch and can be found on driver’s paddles. This includes all DAR (WAVE) drivers.
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
It is imperative that buses are maxed out when fueling, filling the tank all the way, between 3600PSI and 4000PSI. Partial fueling is only allowed when authorized by dispatch or supervisors. Drivers are required to advise dispatch prior to going to fuel.
No passengers are allowed on the vehicle when fueling.
63. Bus Stop Maintenance
To maintain our bus stops, TC will assign our operators the responsibility of reporting any bus stop concerns daily to our dispatch center. Furthermore, TC will assign our Road Supervisors the responsibility of conducting bus stop inspections each month to ensure they are up to specifications. We will also continue to utilize the form we developed to report these concerns ( see below).
During our monthly bus stop inspections, our Road Supervisors shall review and report on the following matters:
Report damaged or missing bus stop signs, benches, and trash receptacles to the City of Redondo Beach and neighboring Cities.
Reporting missing, damaged, or weathered bus stop ID numbers to the city for replacement.
Report any graffiti on bus stop signs, benches, and trash receptacles to:
o City of Redondo Beach for transparency reasons only
o Local police graffiti department
o TC utility team, so they can plan for graffiti removal.
Review the overall bus stop and surrounding area for cleanliness, infrastructure, or safety concerns.
Cleaning Process:
Maintenance personnel drive out to the scene in a vehicle equipped with a pressure washer, graffiti remover, and hazmat cleaning materials.
Remove all the trash, and empty trash receptacles.
Wipe down and remove graffiti from the bench and or sign.
Hose down the above areas.
Wipe down and dry the bench.
TRANSPORTATION CONCEPTS OPERATIONS POLICY AND PROCEDURES
64. Service Animals:
Service or guide animals necessary for travel by passengers with disabilities are allowed on all vehicles. As a reminder, please educate all drivers that when picking up a customer with a service animal, the following question can only be asked:
Is this your service animal?
If the passenger replies, " yes", the passenger is allowed to board vehicle with service animal. No other inquiries are necessary.
All animals must be in the possession or care of the passenger and must not interfere with, disrupt or disturb service on the vehicle. Please also share the following information with all staff in regard to small pets and non-service animals:
1. Small animals such as birds and cats must be secured in a commercially made pet carrier or cage that can be safely placed on the passenger' s lap and does not require a separate seat
2. Glass, breakable or homemade carriers are not permitted
3. The animal must be completely enclosed within the pet carrier or cage at all times.
4. The pet carrier or cage must completely prevent the animal from escaping or physically contacting another passenger.
5. The pet carrier or cage must be constructed so that no bedding material or pet waste can exit
65. Reasonable Modification:
In accordance with 49 CFR Part 37, Section 37.5 Nondiscrimination, the City of Redondo Beach, in operation of Beach Cities Transit fixed route services and the WAVE Dial-A-Ride, shall make reasonable modifications in policies, practices, or procedures when the modification are necessary to avoid discrimination on the basis of disability or to provide program accessibility to these services, subject to the following limitations:
1. Granting the request would fundamentally alter the nature of the City’s service programs, or activities.
2. Granting the request would create a direct threat to the health or safety of others.
3. Without the requested modification, the individual with a disability is able to fully use the City’s services, programs, or activities for their intended purposes.
66. Wheelchair Boarding' s:
Drivers are required to call into dispatch whenever you pick up and drop off wheelchair passengers. This information is to be called in at the time of the pickup and drop off, and not after the bus has left the stop.
Below is the information that must be relayed over to dispatch:
1. Time of pick up
2. Location of pick up
3. Time of drop off
4. Location of drop-off
Discipline:
Violations of Transportation Concepts rules and policies may subject Drivers to Disciplinary Actions up to and including termination. See Employee Handbook for further clarification.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
D. Project Management, Qualifications, and References
Key Personnel Assigned to Beach Cities Transit
Brett Baum, Project Manager
Although Transportation Concepts offers extensive corporate support, our experience in contract operations is that the overall quality of service is only as good as the local team and its leader. To this end, TC proposes Mr.
Brett Baum, an experienced and professional Manager with over 25 years of transit management, 14 of which have been dedicated to the City of Redondo Beach, to continue as the leader of the BCT project team. He will have direct responsibility for this contract and serve as the direct liaison with the City of Redondo Beach staff as well as the service ambassador for BCT services on behalf of the City.
Brett Baum, as Project Manager, is the leader who works as an extension of the City of Redondo Beach Transit Manager to deliver the best possible service to the community and ensure all the goals and objectives are met. Through effective management and team work the Project Manager operates the service hours within the City budget and ensures compliance with all regulatory standards. Utilizing the collective information from the TC team, the Project Manager provides a clear view of the current operation and articulates the projected forecast of the BCT to the City of Redondo Beach’s Transit Manager. The Project Manager is responsible for all aspects of the operation including assisting the City with NTD reporting, coordination with system planning, updating the Public Transportation Agency Safety Plan, marketing efforts, representation with the BCT Transit Manager with other City officials and oversight of all transit related projects and issues.
On- site support positions available to Brett will continue to include maintenance, safety/training, operations supervision, and dispatch/ clerical. The corporate staff will thoroughly support the local team as described further in this proposal. This local team has continued to strengthen over the last 15 years as we have been driven to exceed the City of Redondo Beach’ s expectations. We are committed to continuing our quest over the next 10 years to consistently exceed your expectations and strive for a world-class operation. Mr. Baum’ s resume is included at the end of this Section.
Christopher Lamp, Operations Manager
We are pleased to propose Christopher Lamp as the Operations Manager for the Beach Cities Transit Service and will dedicate 100% of his time to BCT. Mr. Lamp has over 16 years of experience in the public transit industry, with 5 of those years as a part of the BCT management team. In addition, Christopher has 5 previous years of experience working as a contract services supervisor with Los Angeles METRO. This has enhanced his ability to understand both sides of the client/contractor relationship and has served Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
him well in exceeding the expectations of our clients as well as the community. He is committed to continuing to use that experience as a foundation to work in partnership with Brett Baum and the City of Redondo Beach to ensure our team continues to meet or exceed all performance expectations. Christopher would be responsible for working with our dedicated site staff to magnify the Beach Cities Transit service to consistently exceed expectations. He will verify that all reports are produced to ensure contractual compliance, he will perform daily monitoring of service performance against set goals and key performance targets to ensure expectations are continually achieved and along with Brett will provide ongoing support to all team members assigned to the Transit operation.
Christopher’ s resume is included at the end of this section.
Jonathan Norman, Maintenance Manager
Jonathan has over 16 years of maintenance experience and will provide on- going support to the BCT maintenance program, as well as the City of Redondo Beach, and will dedicate at least 50% of his time to BCT.
Jonathan has firsthand experience with similar fleets and clearly understands California regulations related to maintaining both CNG and ZEB fleets. Jonathan was instrumental in the transition of a fleet of New Flyer CNG full size buses to a 100 percent Proterra ZEB fleet back in 2022 at Ontario International Airport. He has been actively overseeing electric bus fleets throughout the Southern California Region and is a ZEB Certified Technician. He is well versed in diagnostics related to preventive maintenance and vehicle repair. He has direct experience scheduling maintenance in both a manual and automated environment.
In addition, he has a proven history of shop management, employee scheduling, inventory control, and warranty procedures. He will be instrumental in providing support to Roger De Jesus, our dedicated maintenance supervisor, and the local operations team, as well as our other regional support team members throughout the term of our contract. Jonathan’s resume can be found at the end of the section.
George Heere, Safety and Training Manager
George has over 16 years of safety/training experience in the public transportation industry. George will provide the BCT team with direct oversight of the training and safety program at the Redondo Beach operation to ensure they are actively followed and will dedicate at least 50% of his time to BCT. He will provide ongoing training for all vehicle operators as well as support the BCT team in all aspects of our recruiting, hiring, and training activities. George will conduct regular safety meetings and audits to ensure that the BCT operation is meeting and exceeding all required contractual, regulatory, and company standards. George’s resume can be found at the end of this section.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Roger De Jesus, Maintenance Supervisor
Mr. De Jesus has 20 years of fleet maintenance experience. He has hands on experience diagnosing and repairing alternative fueled fleets. He clearly understands the requirements associated with preventive maintenance, repair, and regulatory compliance of the designated BCT fleet. Mr. De Jesus will be 100% dedicated to the Beach Cities Transit operation He will continue to provide management oversight of the maintenance efforts of the Beach Cities Transit and provide regular maintenance quality assurance reviews relative to contractual and regulatory compliance. He will coordinate with Brett Baum and will report to and be supported by Jonathan Norman, our Maintenance Manager, to ensure that all maintenance work is being conducted in accordance with Regulatory, Company and City Standards. Mr. De Jesus’ resume and references are included at the end of this section.
Victor Garciduenas, ZEB Mechanic
Victora has 4 years of fleet maintenance experience, with the last 2 years as a certified ZEB mechanic. He has hands on experience diagnosing and repairing alternative fueled fleets as well as Zero Emission Buses. He has completed the ZEB certification program through BYD and EMC and will be assigned to the BCT ZEB fleet when they are rolled out towards the end of this upcoming contract term. Mr. Garciduenas is already part of the TC maintenance team and will be 100% dedicated to the Beach Cities Transit operation.
Ability to Retain Management Personnel
Transportation Concepts has a successful history of retaining our Managers. What sets our company apart is that we not just talk about caring for our people, we show it. Many of our Managers have been with our company for 20 or more years. In fact, Brett Baum has been with TC for over 25 years. We provide a very fair compensation package and offer annual bonuses based upon performance. We empower our managers, providing them with support, guidance, executive coaching, and leadership training. Like all our employees’ we invest the time and resources necessary to ensure their success.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
E. Cost Proposal
Please reference the required cost proposal forms in this section for the operation and maintenance of Beach Cities Transit Services. Additionally, the cost proposal forms were also submitted electronically inan excel format.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
F. Proof of Insurance
Transportation Concepts has included our current certificates of insurance as evidence of our ability to provide the specified insurance amounts from our insurers authorized to do business in the state of California. The Certificate outlines what we carry. We will continue to carry insurance to the degree required by California law as well as in accordance with the City of Redondo Beach contractual requirements.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER( S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
A/C, No):
FAX
E- MAILADDRESS:
PRODUCER
A/C, No, Ext):
PHONE
INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( s).
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
OTHER:
Per accident)
Ea accident)
N / A
SUBR
WVD
ADDL
INSD
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
PROPERTY DAMAGE
BODILY INJURY ( Per accident)
BODILY INJURY ( Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOSAUTOS ONLY
NON- OWNED
SCHEDULEDOWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/ MEMBER EXCLUDED?
Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANYPROPRIETOR/ PARTNER/ EXECUTIVE
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
STATUTEPER EROTHMM/ DD/ YYYY) LIMITS(
POLICY EXP(
MM/ DD/ YYYY) NUMBERTYPEEFFPOLICYPOLICY INSURANCELTRINSR OF DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES ( ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB $ EACH OCCURRENCE
AGGREGATE
OCCUR
CLAIMS- MADE
DED RETENTION $
PRODUCTS - COMP/ OP AGG
GENERAL AGGREGATE
PERSONAL & ADV INJURY
MED EXP ( Any one person)
EACH OCCURRENCE
DAMAGE TO RENTED $
PREMISES ( Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS- MADE OCCUR
GEN' L AGGREGATE LIMIT APPLIES PER:
POLICY
PROJECT LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE ( MM/ DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/ 03)
1988- 2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
11/7/2024
Marsh & McLennan Agency LLC
Marsh & McLennan Ins. Agency LLC
1 Polaris Way #300
Aliso Viejo CA 92656
Juliana Bae
949- 900- 1780
OCCerts@MarshMMA. com
License#: 0H18131 Everest National Insurance Company 10120
PARKCONCIN
16044ParkingConcepts, Everest Denali Insurance CompanyInc. 12 Mauchly, Bldg I
Irvine, CA 92618
HDI Specialty Insurance Company 16131
Endurance American Specialty Ins Co 41718
AXIS Surplus Insurance Company 26620
Safety National Casualty Corporation 15105
1878931850
A X 2,000, 000
X 1,000, 000
10,000
2,000, 000
4,000, 000
X
Y N RM1GL00069241 6/1/2024 6/1/2025
4,000, 000
B
B
3,000, 000
X
X X
N N RM1CA00092241
RM1CA00093241
6/1/2024
6/1/2024
6/1/2025
6/1/2025
GKLL Per Veh/ Loc 350k Veh/$ 1M Loc
D X 2,000, 000
X
EXT30038737801 6/1/2024 6/1/2025
2,000, 000
F X
N
N SP4068826 6/1/2024 6/1/2025
1,000, 000
1,000, 000
1,000, 000
C
E
Excess Liability
Excess Liability
XLXD6529400S
P00100382026901
6/1/2024
6/1/2024
6/1/2025
6/1/2025
Ea Occ / Agg
Ea Occ / Agg
3M /$ 3M
3M /$ 3M
LOC #516 - Redondo Beach Cities Transit - 1521 Kingsdale Avenue, Redondo Beach, CA 90278.
The Cities of Redondo Beach, Hermosa Beach, Manhattan Beach and El Segundo, their officers elected and appointed officials, employees and volunteers are included as Additional Insured with respects to General Liability, where required by written contract, per the attached endorsements. Insurance is Primary & Non-Contributory, where required by written contract, per the attached endorsement.
The Cities of Redondo Beach
1922 Artesia Boulevard
Redondo Beach, CA 90278
THIS CERTIFICATE SUPERSEDES PREVIOUSLY ISSUED CERTIFICATE
COMMERCIAL GENERAL LIABILITY
ECG 20 600 05 09
THIS ENDORSEMENT CHANGES THE COVERAGE PART. PLEASE READ IT CAREFULLY.
ECG 20 600 05 09 Copyright, Everest Reinsurance Company 2009 Includes copyrighted material of Insurance Services Office, Inc., used with its permission.
ADDITIONAL INSURED – AUTOMATIC STATUS WHEN
REQUIRED IN A WRITTEN AGREEMENT WITH YOU
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II – Who Is An Insured is amended to
include as an additional insured any person or
organization with whom you have a written
agreement that such person or organization be
added as an additional insured on your Coverage
Part. Such person or organization is an additional
insured only with respect to liability for " bodily
injury", " property damage" or " personal and
advertising injury" but only to the extent caused, in
whole or in part, by:
1. Your acts or omissions; or
2. The acts or omissions of those acting on your
behalf;
in the performance of your operations for an
additional insured.
B. The insurance afforded to an additional insured
shall only include the insurance required by the
terms of the written agreement and shall not be
broader than the coverage provided within the
terms of the Coverage Part.
C. The Limits of Insurance afforded to an additional
insured shall be the lesser of the following:
1. The Limits of Insurance required by the written
agreement between the parties; or
2. The Limits of Insurance provided by this
Coverage Part.
D. With respect to the insurance afforded to an
additional insured, this insurance does not apply to
bodily injury”, “property damage” or “personal and
advertising injury” arising out of any act or
omission of an additional insured or any of its
employees.
INSURED:
POLICY #: EFFECTIVE: EXPIRATION:
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POLICY #: POLICY PERIOD: TO:
Parking Concepts, Inc.
RM1GL00069241
202506/ 06/ 01/ 01/ 2024
Insurance Services Office, Inc., 2012 Page 1 of 1
CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
A. Section II – Who Is An Insured is amended to
include as an additional insured the person(s) or
organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury" or
property damage" caused, in whole or in part, by
your work" at the location designated and
described in the Schedule of this endorsement
performed for that additional insured and
included in the " products- completed operations
hazard".
However:
1. The insurance afforded to such additional
insured only applies to the extent permitted
by law; and
2. If coverage provided to the additional insured
is required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
B. With respect to the insurance afforded to these
additional insureds, the following is added to
Section III – Limits Of Insurance:
If coverage provided to the additional insured is
required by a contract or agreement, the most we
will pay on behalf of the additional insured is the
amount of insurance:
1. Required by the contract or agreement; or
2. Available under the applicable Limits of
Insurance shown in the Declarations;
whichever is less.
This endorsement shall not increase the applicable
Limits of Insurance shown in the Declarations.
COMMERCIAL GENERAL LIABILITY
CG 20 37 04 13
Name Of Additional Insured Person( s)
Or Organization( s)
Any person or organization that entered into a written
contract with the named insured requiring such person(s) or organization( s)to be named as an additional insured.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
All locations shown on designation of premises
schedule as their interest may appear.
Location And Description Of Completed Operations
INSURED:
POLICY #: EFFECTIVE: EXPIRATION:
3DUNLQJ&RQFHSWV,QF
2024RM1GL0006924106/01/ 06/ 01/ 2025
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
G. Qualifications and Client References
Qualifications
As indicated earlier in Section B, Transportation Concepts has successfully operated Contracted Fixed Route and Dial-a-Ride service modes together in the Los Angeles County region for over twenty- five ( 25) years. Additionally, we are extremely proud of the fact that we have successfully operated the BCT service over the last 3 consecutive contract terms with Brett Baum, who has been in the leadership role in Redondo Beach for 14 of those years. Brett also has over 25 years of direct experience with both modes of service.
Client References
The following are references from current clients that can share pertinent information attesting to our success as both a Fixed Route and Dial a Ride operator in the Southern California region.
We invite you to contact our clients for confirmation of our dedication, commitment, and excellent service standards and performance. At the end of this section, you will find testimony letters from our clients attesting to the level of satisfaction they have had with our organization.
Location Name Palo Verde Valley Transit Authority
Blythe, California
PVVTA
George Colangeli
General Manager
415 North Main Street
Blythe, CA 92225
760) 922-4900
gmanager@pvvta. com
Nature of Services Fixed route and paratransit transportation services: the Vehicle fleet consists of 9 buses, 1 of which is assigned to paratransit.
Responsible for dispatch, operation, supervision, and provision of vehicle maintenance on fleet of agency buses.
Term of Agreement 2003 – Present
Type of Fleet
Dispatching
System
Currently using GMV GPS/ Passenger Information System, AVL fleet tracking capabilities as well as a digital on- board video surveillance recording system
Number of
Employees
16 Annual Revenue $ 1.5m
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Location Name BEACH CITY TRANSIT REDONDO BEACH
Redondo Beach, California
City of Redondo Beach
Diane Amaya
Interim Transit Manager
1922 Artesia Blvd
Redondo Beach, CA 90278
310) 318-0610 x 3357
Diane. amaya@redondo. org
Nature of Services Fixed route and curb to curb paratransit transportation services. A 10- mile service area includes Redondo Beach, Hermosa Beach, Manhattan Beach, and El Segundo. The vehicle fleet consists of 20 CNG powered buses, 15 of which are assigned to fixed routes.
Responsible for dispatch, operation, supervision, and vehicle maintenance on fleet of City provided buses.
Years of Operation 14 Years
Type of Fleet
Dispatching System
Currently using a computerized dispatch system with GPS system.
Implementation of annunciator system and “ Real Time” technology with GMV along with Metro TAP system
of Employees 36
Annual Revenue $ 3.6 Million
Location Name City of Rio Vista / Solano Transportation Authority Rio Vista, California
Solano Transportation Authority
Brandon Thomson
Transit Mobility Coordinator
427 Main Street
Suisun City, CA 94585
707) 399 - 3234
bthomson@sta. ca.gov
Nature of Services Deviated Fixed Route and Micro-Transit services. The vehicle fleet consists of 3 buses, 1 of which is dedicated to Micro- transit.
Responsible for dispatch, operation, supervision, and provision of vehicle maintenance on fleet of agency buses.
Term of Agreement 2012 – Present
Type of Fleet
Dispatching System
Currently using The Routing Company (TRC) Platform System, AVL fleet tracking capabilities as well as a digital on- board video surveillance recording system
Number of
Employees
5 Annual Revenue $ 500k
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Location Name City of Suisun City / Solano Transportation Authority Suisun City, California
Solano Transportation Authority
Brandon Thomson
Transit Mobility Coordinator
427 Main Street
Suisun City, CA 94585
707) 399 - 3234
[email protected]
Nature of Services Fixed-Route and Micro-transit transportation services Vehicle fleet consists of 9 buses, 1 of which is assigned to micro- transit. Responsible for dispatch, operation, supervision, and provision of vehicle maintenance on fleet of agency buses.
Term of Agreement 2022 – Present
Type of Fleet
Dispatching
System
Currently using The Routing Company ( TRC) Platform, AVL fleet tracking capabilities as well as a digital on- board video surveillance recording system
Number of
Employees
7 Annual Revenue $ 550k
Location Name CITY OF GLENDORA
Glendora, California
City of Glendora
Vanessa Nalbandian
Interim Transportation Manager
116 East Foothill Blvd
Glendora, CA 91741
626) 852- 4814
[email protected]
Nature of Services Fixed route Metrolink and paratransit transportation services. The vehicle fleet consists of 10 cutaway buses, 1 of which is CNG powered.
Responsible for dispatch, operation, supervision, and vehicle maintenance on fleet of City provided buses.
Term of Agreement 15 Years
Type of Fleet
Dispatching System
Currently using a fully automated computerized dispatch system with a GPS system.
Number of
Employees
15 Annual Revenue $ 1.2m
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
H. Supplemental Information
As the selected operator of Beach Cities Transit for the last 15 years, Transportation Concepts has successfully responded to several wage challenges over the years through proportionate wage increases to create an enviable workplace for our valuable employees.
This past year, the California minimum wage for fast food workers went up by 25%. This had a significant impact on the service industry, including transit operators throughout California. To meet this most recent challenge, we collectively worked with the City of Redondo Beach, as well as with Teamsters Local 572, the union who represents our drivers and maintenance workers, to successfully address this major issue with the following resolutions:
Increase driver wages by 20% ($4.00 hour increase) effective January 1, 2025 Establish an MOU with the Teamsters bargaining unit that provides additional wage increases for driver and maintenance personnel effective July 1, 2025 along with an extension to the existing CBA for an additional year ( June 30, 2027) to provide further stability for the represented employees.
As we look ahead towards the next contract term with BCT the following have either been implemented or are planned at the start of this new contract term:
ZEB trained maintenance technician who has already been hired and is a part of the BCT maintenance team
Partnership with Fleet Maintenance Consulting ( FMC) who will assist TC and the City of Redondo Beach with the provision and implementation of services related to the electrification of the BCT fleet. This agreement with FMC is already in place and includes the development of a BEB /FCEB implementation plan, facility upgrade assistance, vehicle procurement assistance, specification, and technical assistance, as well as additional training of our maintenance technicians.
Wages for all non-union staff will be adjusted proportionately in alignment with increases afforded represented employees effective July 1st, 2025 Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
I. Required Forms and Certifications
The following are the complete forms and certifications as stipulated in Section 6 of the RFP.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
1. Ability to Perform and Meet the Requirements of the RFP The following sections will allow the City’s evaluation committee to further demonstrate why Transportation Concepts is the most qualified company to perform and meet the requirements of this RFP for the Operations and Maintenance of Beach Cities Transit Services. Although some portions of a few sections may have been included earlier in this proposal, we want to ensure that each evaluator can easily cross reference the information in our proposal with the outline found in pages 14-17 of the City of Redondo Beach RFP 2425 - 003.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
A. Company Organizational Structure
Profile - Transportation Concepts is the public
transportation division of Parking Concepts, a
California Corporation, with corporate offices in
Irvine, California. We currently employ over 1,500
people. Gill Barnett, President and owner of Parking
Concepts, founded the company in 1974 to provide an
enhanced level of customer service to an industry that had been sorely lacking in that focus on the customer. Today, Parking Concepts is one of the most successful and respected parking facility operators inthe United States.
In 1982, Parking Concepts was awarded a shuttle bus
contract at the Ontario International Airport. It was at that time that Transportation Concepts was formed. Over the last 42 years Transportation Concepts ( TC) has
successfully operated numerous public transportation Fixed Route and Paratransit contracts similar in scope to the Beach Cities Transit services.
CORPORATE ORGANIZATIONAL CHART
Transportation Concepts is a smaller regional company compared to some of the industry giants providing transit services throughout the United States. Most of our business is concentrated in California. In fact, all region support is based in Southern California.
The supporting organization is made up of considerable strength in each of their specific disciplines. One of the advantages of Transportation Concepts’ organizational structure is CEO / Founder
Gill Barnett
President
Dave Mueller
EVP / COO
Transportation Concepts
Rich Rogers
Maintenance
Operations Quality
Assurance
Training
Regional and Project
Managers
Corporate Support
Accounting
Controller
Pankaj Sachdeva
Risk Management
And Safety
Monique Lemus
Human Resources
Director of HR
Zach Jefferson
Payroll Manager
Munshet Gizaw
Parking Services
Public/Private/Airport
Internal Audit
Quality Assurance
And Customer
Service Training
Operations District
Managers
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
immediate access to our corporate support team. The City can access each member directly as necessary without having to go through layers of people. This results in an accelerated response time and decisiveness in making decisions.
CORPORATE OFFICERS
Name Position
Gill Barnett Founder & Owner
Dave Mueller President
Rich Rogers EVP / COO
Paul Gnasso SVP- Business Development
Rafael Abanilla SVP- Parking Operations
John Groden VP - Airports
Corporate Support Team
Gill Barnett, CEO and Founder – Gill Barnett, CEO and founder of Parking Concepts and Transportation Concepts, has been actively involved in the parking and transportation industry for over 50 years. He began his career as a parking attendant at the age of 17 and worked his way up to management by the age of 22. Noting the lack of quality customer care from the beginning of his career, Gill envisioned a company devoted to providing a level of customer service that would exceed expectations. Over these last 50 years he has built an organization that is recognized nationally for always doing the right thing and being transparent in all business decisions.
Dave Mueller, President – Dave joined Parking Concepts in 2006 as a Vice President. His experience includes many years in the car rental industry, both in the US and abroad. In addition, he was an executive with a San Diego- based national parking management organization. Dave’s senior management experience includes accounting, finance, operations, administration, business development, consulting services, as well as mentoring many successful leaders in the service industry. Following in the footsteps of Gill Barnett, Dave is most comfortable working alongside our associates, whether in the operations or in our corporate offices.
Rich Rogers, EVP / COO – Rich Rogers has been actively involved in the public transit industry for over forty years, with 25 of those years at the helm of Transportation Concepts. Mr. Rogers is responsible for the oversight of all Transportation Concepts operations and will ensure that the highest level of quality service is provided to the City of Redondo Beach and Beach Cities Transit. As the EVP / COO, he will see to it that TC’s operations meet company and contractual performance requirements to ensure that a safe, dependable, and responsive service is consistently delivered. Mr. Rogers will be directly involved in any contract negotiation and will have direct responsibility for continuing to foster our strong working relationship with the Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
City of Redondo Beach Staff relative to contractual compliance and revisions as directed.
Mr. Rogers will be instrumental in supporting the local team in implementing potential service and contractual changes throughout the term of the contract and will encourage and participate in regular meetings with the BCT Contract Administrator and TC location management staff to ensure he is actively involved in the on-going performance of the Beach Cities Transit service operation. Rich will continue to visit the location a minimum of one – two days per month (approximately 10% of his time) and participate in the regular monthly management meetings with the City of Redondo.
Zach Jefferson, Director of Human Resources – Zach possesses a wide range of knowledge and expertise in employment-related practices, such as recruitment, onboarding, affirmative action and EEO initiatives, and employee relations. Throughout his career in Human Resources, Zach has gained experience leading HR departments in the parking and transportation industry. Mr. Jefferson is responsible for developing and administering all employee- related programs to ensure compliance with all regulations governing labor on a federal, state, and local level. He provides pertinent information to all operating locations and monitors compliance. Areas of focus include training, EEO, Affirmative Action and Civil rights, labor relations, integrity, and compliance. Zach also acts as a liaison to attorneys, insurance companies and individuals, as well as with all our employees.
IAP Risk Solutions – As an integral component of our Corporate Support team we have partnered with Industrial Athlete Pros in our quest to continue reducing employee risk and prevent incidents from ever occurring. The IAP team works with TC to establish ambitious standards for benchmarking safety in the workplace. Collectively we conduct weekly reviews on every accident/ injury or near miss, provide bi-weekly management training sessions, as well as quarterly offsite full-day safety meetings for managers and supervisors. The IAP Risk Solution group conducts regular OSHA audits at all our locations, works with our insurance carrier, our medical clinics/ medical network, and our attorney’ s, with the overall goal of consistently reducing accidents and incidents with a goal of achieving Zero claims.
Monique Lemus, Risk Management Analyst – Ms. Lemus is responsible for handling claims procedures with our insurance carrier and managers. She monitors and tracks our loss- prevention statistics and works as a liaison with TC senior management and IAP in rolling out our risk-management and lossprevention programs and initiating policies to comply with safety legislation and the transportation industry practices. Ms. Lemus also acts as the liaison to attorneys, insurance companies and individuals, investigating any incidents that may result inloss.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Pankaj Sachdeva, Controller – Pankaj Sachdeva joined the Parking Concepts team in the role of Controller after accumulating more than 21 years of experience in finance and accounting management. He is an expert in budgeting, financial reporting, financial modeling, analysis, business planning, and process improvement. Before joining PCI, Pankaj held finance-related management positions in a variety of industries including skincare and the RV rental industry.
Nima Rajabali, Systems Project Manager – Mr. Rajabali is responsible for overseeing all information technology, including our proprietary apps, and handling all special technical projects. He ensures that all locations are in conformance with all system security and is responsible for procuring both hardware and software products, as well as creating processes to ensure compliance with system security. Nima is a certified Scrum Master with a technical Project Management Certificate, as well as having a Bachelor of Engineering degree.
Full Send Networks, IT Support – Full Send Networks is our Information Technology partner, where innovation meets excellence. At the forefront of technological advancement, they pride themselves on delivering tailored IT solutions that redefine possibilities. From scalable software development to comprehensive network solutions, they are dedicated to addressing the evolving needs of businesses. With a team of seasoned professionals, they navigate the digital landscape, providing innovative strategies that drive efficiency and foster growth. They provide ongoing Information technology and Cyber Security related support services, Voice Over IP, Low voltage Cabling, compliance needs such as ( NIST, CMMC and PCI), Disaster Recovery solutions, Cloud hosted solutions and much more to ensure our information technology needs are met and we have the utmost confidence in our system security.
Fleet Maintenance Consulting, ZEB Support – Fleet Maintenance Consulting ( FMC) has already been hired and is committed to assist both TC and the City of Redondo Beach in the provision and implementation of the ZEB rollout services, embarking on the electrification of the BCT fleet. This includes developing a BEB / FCEB implementation plan, facility upgrade assistance, vehicle procurement assistance, specification, and technical assistance, as well as training of the ZEB technicians. TC and Frank Dopp, founder and owner of FMC, have worked together for several years. In fact, Frank previously served as the Vice President of Maintenance for TC and had had previous responsibility for the maintenance of the BCT fleet.
Frank opted to leave TC to pursue the formation of his new company.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
B. Staffing and Operational Plan for BCT
Staffing
Our staffing plan for BCT is designed to not only provide the operational support necessary to exceed our client’ s expectations, but it is also designed to sustain another 10 years of future success as we partnership with the City of Redondo Beach staff to rise to the challenges ahead. As mentioned back in Section H, we have collectively achieved success over the last 15 years by our transparency, integrity and taking care of our customers and employees.
Although a description of each key staff member along with their resumes were provided back in Section D of this proposal; to align specifically with the RFP outline we are providing a description of our proposed staff in this section as well.
Brett Baum, Project Manager
Although Transportation Concepts offers extensive corporate support, our experience in contract operations is that the overall quality of service is only as good as the local teams. To this end, TC offers Mr. Brett Baum, an experienced and professional Manager with over 25 years of transit management, 14 of which have been dedicated to the City of Redondo Beach, to continue as the leader of the BCT project team. He will have direct responsibility for this contract and serve as the direct liaison with the City of Redondo Beach staff as well as service ambassador for BCT services on behalf of the City.
Brett Baum, as the Project Manager for BCT is the leader who works as an extension of the City of Redondo Beach Transit Manager and their staff to deliver the best possible service to the community and ensure all the goals and objectives are consistently met. Through effective management and
teamwork, the Project Manager operates the service hours within the City budget and in compliance with all regulatory standards.
Utilizing the collective information from the TC team, the Project Manager provides a clear view of the current operation and articulates the projected forecast of BCT to the City of Redondo Beach’s Transit Manager. The Project Manager is responsible for all aspects of the operation including assisting the Agency with NTD reporting, coordination with system planning, marketing, representation and oversight of all transit related projects and issues.
On- site support positions available to Brett will continue to include maintenance management, safety/training, operations supervision, and dispatch/ clerical. The corporate staff will thoroughly support the local team as described in the previous section of this proposal. The BCT local team has continued to develop and strengthen over the last 15 years as we have been driven to strive to exceed the City of Redondo Beach’ s expectations.
We are committed to continuing over the next 10 years in our on-going quest to exceed your expectations and constantly strive for a world class operation. Brett’ s resume can be found at the end of Section D of the previous section.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Christopher Lamp, Operations Manager
We are pleased to propose Christopher Lamp as our Operations Manager for the Beach Cities Transit Service. Mr. Lamp has over 16 years of experience in the public transit industry, with 5 of those years as a part of the BCT management team. In addition, Christopher has 5 previous years of experience working as a contract services supervisor with Los Angeles METRO. This has enhanced his ability to understand both sides of the client/contractor relationship and has served him well in exceeding the expectations of our clients as well as the community. He is committed to continuing to use that experience as a foundation to work in partnership with Brett Baum and the City of Redondo Beach to ensure our team continues to meet or exceed all performance expectations. Christopher would be responsible for working with our dedicated site staff to magnify the Beach Cities Transit service to consistently exceed expectations. He will verify that all reports are produced to ensure contractual compliance, he will perform daily monitoring of service performance against set goals and key performance targets to ensure expectations are continually achieved and along with Brett will provide ongoing support to all team members assigned to the Transit operation. Christopher’ s resume is included at the end of Section D inthe previous section.
Jonathan Norman, Maintenance Manager
Jonathan has over 16 years of maintenance experience and will provide on-going support to the BCT maintenance program, as well as the City of Redondo Beach. Jonathan has firsthand experience with similar fleets and clearly understands California regulations related to maintaining both CNG and ZEB fleets. Jonathan was instrumental in the transition of a fleet of New Flyer CNG full size buses to a 100 percent Proterra ZEB fleet back in 2022 at OIAA. He has been actively overseeing electric bus fleets throughout the Southern California Region and is ZEB trained technician. He is well versed in diagnostics related to preventive maintenance and vehicle repair. He has direct experience scheduling maintenance in both a manual and automated environment.
In addition, he has a proven history of shop management, employee scheduling, inventory control, and warranty procedures. He will be instrumental in providing support to Roger De Jesus, our dedicated maintenance supervisor, and the local operations team, as well as our other regional support team members throughout the term of our contract. Jonathan’s resume can be found at the end of Section D of the previous section.
George Heere, Safety and Training Manager
George has over 16 years of safety/training experience in the public transportation industry. George will provide the BCT team with direct oversight of the training and safety program at the Redondo Beach operation to ensure they are actively followed. He will provide ongoing training for all vehicle operators as well as support the BCT team in all aspects of our recruiting, hiring, and training activities. George will Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
conduct regular safety meetings and audits to ensure that the BCT operation is meeting and exceeding all required contractual, regulatory, and company standards. George’ s resume can be found at the end of Section D of the previous section.
Roger De Jesus, Maintenance Supervisor
Mr. De Jesus has 20 years of fleet maintenance experience. He has hands on experience diagnosing and repairing alternative fueled fleets. He clearly understands the requirements associated with preventive maintenance, repair, and regulatory compliance of the designated BCT fleet. Mr. De Jesus will be 100% dedicated to the Beach Cities Transit operation He will continue to provide management oversight of the maintenance efforts of the Beach Cities Transit and provide regular maintenance quality assurance reviews relative to contractual and regulatory compliance.
He will coordinate with Brett Baum and will report to and be supported by Jonathan Norman, our Maintenance Manager, to ensure that all maintenance work is being conducted in accordance with Regulatory, Company and City Standards. Mr. De Jesus’ resume can be found in Section D of the previous section.
Victor Garciduenas, ZEB Mechanic
Victora has 4 years of fleet maintenance experience, with the last 2 years as a certified ZEB mechanic. He has hands on experience diagnosing and repairing alternative fueled fleets as well as Zero Emission Buses. He has completed the certification program through BYD and EMC and will be assigned to the ZEB fleet when they are rolled out towards the end of this contract term. Mr. Garciduenas is already part of the TC maintenance team and will be 100% dedicated to the Beach Cities Transit operation.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
C. Experience with Fixed Route and Demand Response Services The City of Redondo Beach has contracted with Transportation Concepts ( TC) to operate Beach Cities Transit since January 1, 2010. Over these last 15 years TC has provided an exemplary level of fixed Route and Dial a Ride services. TC was the driving force in implementing a process to provide accurate reporting of statistics, including on-time performance and a comprehensive monthly reporting format that provided a much greater degree of operational data to the City. TC’s approach to success has always been that the management and operation of Beach Cities Transit remains laser focused on the fact that the community comes first. From our employees to the people we serve, everyone has a stake in the transit system, and without them, we as a Company would not have achieved such success.
Company Experience
From the operation of a six-bus shuttle operation at the Ontario Airport in 1982, through today, Transportation Concepts has enjoyed measured growth. Currently, the company manages several Fixed Route, Shuttle or Dial-a-Ride contracts inthe Southern California region, all in areas with similar challenges as the Beach Cities Transit.
The company operates these services utilizing a fleet of over 200 vehicles ranging in size from seven passenger minivans to 40-foot transit coaches. Most of the vehicles maintained and operated by Transportation Concepts use Alternative fuels. In addition, we have experience operating Zero Emission Buses in several locations since 2015. This includes the ZEB procurement, infrastructure set up and charging system electrification and management.
Fixed-Route Services
TC has over 25 years of experience operating fixed- route service in the local region with public transit agencies that receive Federal Section 5307 transit funding. In addition to our 15 years of operating Beach Cities Transit, other
comparable fixed- route experience over these last 20 years includes 7 years of experience under contract with Los
Angeles Metro operating 55 buses, 19 years under contract with Corona Transit operating 20 buses, 5 years of
experience with the Riverside Transit Agency operating 86 Fixed Route and Commuter buses, along with contracts with Omnitrans, Palos Verdes Peninsula, Los Angeles County, and several other municipal operations throughout the Southern California area.
In addition, our talented and valued employees have been responsible for the operation of regularly scheduled services throughout the state including overall management
responsibilities encompassing day-to-day administration of systems operating in rural transit environments as well as major metropolitan areas transporting over 5 million
passengers per year. This includes routing and scheduling, Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
safety oversight, vehicle and facility maintenance, road supervision and dispatch oversight, integration of technology, and of course vehicle operations. TC employees have experience with this type of service since 1987.
Shuttle/Circulator/Commuter Feeder Services
TC has been providing shuttle services since 1982. In
fact, we currently operate several shuttle services of
varying operating characteristics to include, airport
and college campus shuttles, medical center shuttles,
and Employer shuttles. We are extremely proficient at
providing high quality, high capacity, short haul, and
high frequency services. In addition, we provide other
special services including regular shuttles connecting
remote parking lots to employment centers; feeder services linking passengers from the train station to employment centers, and commuter services providing transportation from designated parking lots in suburban areas to jobsites located in major metropolitan areas.
These services are one way we can contribute to improving the air quality of the communities we serve.
Demand Response/ ADA Paratransit / Dial- a-Ride Services TC also has close to 25 years of experience operating
Paratransit service in the local region with public transit agencies that receive Federal Section 5307 transit funding. In addition to our 14 years of operating Beach Cities Transit, other comparable Demand Response experience over these last 25 years includes 19 years with the City of Corona operating 14 vehicles, 14 years with the City of Glendora operating 10 vehicles, 8 years under contract with Riverside Transit Agency operating 60 vehicles, 5 years under contract with Omnitrans operating 110 vehicles, along with several other operating contracts with municipalities in the Los Angeles and Southern California region. TC employees have experience providing Paratransit for close to 40 years.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Client References of Systems Similar in Scope
Location Name BEACH CITY TRANSIT REDONDO BEACH
Redondo Beach, California
City of Redondo Beach
Diane Amaya
Interim Transit Manager
1922 Artesia Blvd
Redondo Beach, CA 90278
310) 697-3357
[email protected]
Nature of Services Fixed route and curb to curb paratransit transportation services. A 10-mile service area includes Redondo Beach, Hermosa Beach, Manhattan Beach, and El Segundo. The vehicle fleet consists of 20 CNG powered buses, 5 of which are assigned to paratransit. Responsible for dispatch, operation, supervision, and vehicle maintenance on fleet of City provided buses.
Length of Contract 2010 – Present
Type of Fleet
Dispatching System
Currently using computerized dispatch system with GPS system. Implementation of annunciator system and “Real Time” technology along with Metro TAP system Number of Employees 40
Annual Revenue 3.2 Million
Annual Service Hours 42,000
Location Name PALOS VERDES PENINSULA TRANSIT AUTHORITY
Palos Verdes, California
Palos Verdes Peninsula Transit Authority
Martin Gombert
Administrator
38 Crest Road West
Palos Verdes Peninsula, CA
310.544.7108
magla@ix. netcom.com
Nature of Services Fixed route transportation services throughout the Palos Verdes Peninsula utilize a combination of 27 cutaway and full-size coaches, many which operate on either CNG or Propane fuel. Responsible for dispatch, operation, supervision, and vehicle maintenance of agency buses.
Length of Contract 2008-2015 - 8 Years
Reason for Change A significantly lower price provided by competitor in the rebid process. Client could not justify pricing difference to Board of Directors Type of Fleet
Dispatching System
AVL system using “Next Bus” technology as well as “ drive cam” technology.
Number of Employees 23
Annual Revenue $ 2.8 Million
Annual Revenue Hours 22,000
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Location Name CITY OF CORONA
Corona, California
City of Corona
Sudesh Paul
Transportation Planning Manager
730 Corporation Yard Way
Corona, CA 92880
951.279.3763
[email protected]
Nature of Services Fixed route public transportation service for the City of Corona, utilizing 20 CNG powered EZ Rider and Type 7 buses. Responsible for dispatch, operation, supervision, and vehicle maintenance of the City’s transit system which includes revenue collection and on-demand scheduled transportation services to the senior and ADA community within the City.
Length of Contract 1999-2018 - 19 Years
Reason for Change City opted to award a contract in 2018 with a large national company slightly lower in cost
Type of Fleet
Dispatching System
Utilizes “ Routematch,” a fully automated computerized dispatch system. In addition, has AVL fleet tracking capabilities as well as a digital on-board video surveillance recording system
Number of Employees 30
Annual Revenue $ 2.6 Million
Annual Revenue Hours 30,000
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
D. Ability to Perform
Parking Concepts Inc., dba Transportation Concepts, has been a company in existence for 50 years. Throughout the years we have always been a financially strong organization.
There is no past, current or pending financial or legal issues that would in any way jeopardize our ability to continue operating BCT for the next 10 years.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
E. Bankruptcy Filings
Parking Concepts Inc., dba Transportation Concepts has never filed or been a party to any Bankruptcy filings throughout the last 50 years.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
F. Early Contract Terminations
Over the last 50 years, Parking Concepts Inc., dba Transportation Concepts, has always fulfilled our contractual obligations and never had a contract terminated early for cause.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
G. Restrictions, Exceptions, or Accommodations Impacting Successful Provision of Service to BCT
Parking Concepts Inc., dba Transportation Concepts, has no restrictions, exceptions or accommodations that would impact our ability to continue providing successful provision of BCT services.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
H. Citations, Fines or Orders to Stop Operations by Regulatory Agency or Client Caused by Negligence within the past 5 years
Since its inception 50 years ago, Parking Concepts Inc., dba Transportation Concepts, has never had any citation, fine or order to stop operations by a regulatory agency or client caused by negligence.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
I. Approach, Capacity and Management Philosophy for Operation of BCT Transportation Concepts is unique as a transportation contractor in that we only pursue operational projects that will be a good fit for our organization. We focus on the small to medium-sized operations and commit highly qualified and experienced managers to lead and oversee these operations. Back in 2009, TC recognized that the City of Redondo Beach BCT would be a good fit for our organization. Since our start up on January 1, 2010, we have felt that this had been a great decision as we have developed an extremely successful relationship with the City and the beach communities and are excited to continue our quest for enhancements to the Beach Cities Transit Services.
Management Philosophy
Although Transportation Concepts operates as a dba under Parking Concepts, the provision of effective transportation operations is the core business of Transportation Concepts. We do not have other businesses that divert focus from our primary objective with our clients, such as the City of Redondo Beach, which is to transport passengers safely and effectively while creating a positive image for the Beach Cities Transit, The City of Redondo Beach, as well as our organization simultaneously. Our concentration remains on your service. If additional support is needed other than the provision of normal services, we have successful and knowledgeable internal staff that can provide consultancy and assistance in the areas of maintenance, labor, risk management, safety, technology, and environmental concerns.
Over the last 42 years, Transportation Concepts has nurtured a management approach/ philosophy that is specific to the individual needs of each of our customers.
Although itis extremely important to have reliable corporate support, we believe that the service is only as strong as every member of the local team. As we have demonstrated to all our clients over these last four decades, and specifically the City of Redondo Beach over the last 15 years, it is that the TC team will always operate as a partner with all City staff in working towards the mutual goal of providing premier service to the residents and visitors of the City of Redondo Beach and surrounding Beach Communities.
Over these last 15 years serving the City of Redondo Beach Transportation Concepts has consistently demonstrated our ability to provide a high-quality transit service to the public utilizing BCT services. During these years, we have also worked in partnership with the City to enhance technology, procure buses and develop an outstanding and cohesive team approach to a contractual relationship.
Transportation Concepts will continue to consistently strive to ensure the highest quality service is provided in the operation of Beach Cities Transit Services. Here are some of the methods we utilize to ensure quality control and a higher level of customer service than that of other transportation providers:
Monitoring by Project Manager and Operations Supervisors On street monitoring consists of road observations and unobserved checks. Road observations are unscheduled check designed to Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
monitor on-time performance, vehicle cleanliness, and safe and courteous driving.
Further details regarding on- street supervision are included in Section O.
Vehicle and Driver Appearance
The cleanliness of the vehicles that are used for the provision of transit service is an important indicator to the passengers of the quality of the service. Vehicle cleanliness will be monitored daily via rollout inspection. Daily, all vehicles utilized in revenue service will be swept and wiped down by our utility workers. Related to exterior washes, although the RFP establishes that vehicles are to be washed a minimum of once ( 1) per week, TC has throughout the last several years conducted complete exterior washes more often than once weekly. This is due to the proximity of the service area to the ocean. During those times, our cleaning vendor will perform washing and scrubbing of the full
exterior, wheels, area, inside of all windows, scrubbing of oil or other excessive residue off the rear end; dusting or vacuuming of all seats, dashboard, stanchions and exposed surfaces; and sweeping or vacuuming of all floor areas, including the removal of gum, grease, oil, etc. All graffiti, interior and exterior, that is cleanable will be removed as soon as practicable. An extensive vehicle detail of the exterior and interior of the vehicle will be done every 6 months days. A roll out the Project Manager monthly conduct inspection to evaluate cleanliness of buses and the attire of drivers and dispatchers.
Bus stop observation includes ongoing monitoring to ensure that the image of the service is professionally represented by the cleanliness of each bus stop. On an ongoing basis the Supervisor and/or Project Manager will monitor the condition of all bus stops.
In addition, Drivers are instructed to notify dispatch if any vandalism, graffiti, or just a need to be cleaned is in order. In turn, TC will send out their bus stop maintenance team to provide some TLC.
Transportation Concept’ s employee uniforms consist of navy- blue slacks or shorts in summer, light blue polo shirts with BCT embroidered logos, dark blue jacket, black shoes, and an employee identification tag, always worn on the front pocket area of the uniform shirt of jacket. Each employee will be required to always be in full uniform while performing their duties. Uniforms will always be clean, free of spots, and pressed, and consistent with BCT requirements.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Utilization of Surveys
Passengers
Since TC began contract services we have conducted simple passenger surveys on selected trips during specific periods throughout the year. The information received from these surveys can help to measure the riders’ level of satisfaction.
Employees
Effective initiative- taking relationships with employees are necessary to establish a mutual level of confidence and respect.
Interpersonal communication, which is open and honest, is a necessary ingredient to form a trusting relationship. We have found that making our employees feel valued through the active participation of an employee survey is a strong motivator, which can help to heighten performance levels. We conduct employee surveys annually at this location.
City of Redondo Transit Manager
Receiving clear and honest feedback from our clients provides our organization with an additional tool to ensure we are on track towards our goal of 100% satisfaction. Mr. Rich Rogers, our EVP COO, conducts this survey on an on-going basis. The survey is designed to provide feedback in both a quantitative and qualitative manner. The results of this survey will be shared with the Project Manager and local staff. Any area not exceeding expectations is collectively discussed with a follow- up action plan designed to bring about any needed improvements.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
J. Organization of the BCT Operation
As mentioned in Section B, our staffing plan has been developed over the last several years in response to continually striving to exceed our client’s expectations. Over these years, the BCT service has experienced several technological enhancements, and we have been partners in working with the City of Redondo Beach to achieve success in the implementation of continual enhancements. As we look ahead over the next 10 years, we know more that additional technological refinements will occur, as well as other enhancements, such as the transit center and the planning integration of a Zero Emission Bus fleet. As the contractor we must have a strong and experienced team in place to ensure that we can continue achieving success.
TC - Beach Cities Transit Organizational Chart
City of
Redondo Beach
Project Manager
Brett Baum
Administrative Clerks
1.5 FTE
Maintenance Manager
Jonathan Norman
Maintenanace Supervisor
Roger De Jesus
Mechanics
2 FT
Utility Worker
2 FT
Safety & Training Manager
George Heere
Operation Supervisors
2 FT
Dispatchers
2 FT / 2 PT
Drivers
27 FT / 1 PT
Operations Manager
Christopher Lamp
Corporate Support
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
BCT Position Classification Breakdown
Position Number of
Employees
of Dedicated
Time
Drivers 27 FT / 1 PT 100%
Project Manager 1 FT 100%
Operations Manager 1 FT 100%
Operation Supervisor 2 FT 100%
Dispatcher 2 FT/ 2 PT 100%
Admin Clerk 1 FT / 1 PT 100%
Safety / Training
Manager
1 FT 50%
Maintenance Manager 1 FT 50%
Maintenance Supervisor 1 FT 100%
Mechanics 2 FT 100%
Utility Worker 2 FT 100%
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Job Description Summaries
Job Title Primary Responsibilities and Functions
Project Manager /
Operations Manager
Primary liaison to the City of Redondo Beach
Provides tactical and strategic planning for daily BCT services.
Overall responsibility for the BCT services, including safety, system performance, quality, adherence to all governmental regulations, and compliance with the Contractual / TC – established standards and procedures.
Ensures system is properly staffed given requirements and goals.
Monitors service performance against set goals/targets.
Reviews daily, weekly, monthly reports
Dispatcher
Ensure that the services are provided in a safe, dependable, and timely manner.
Ensure that all customer service issues are responded to, resolved, and reported in a timely manner.
Submits formal operational reports at specified intervals.
Take system reservations
Completes all customer service tasks related to telephone requests for information
Provides excellent customer service
Operations Supervisor
Oversee safety and training for all staff, including Operators and Dispatchers; ensures that refresher training and additional course work are provided as required. Administers safety program.
Assists in conducting Behind the Wheel and Classroom training.
Provides daily road supervision of drivers
Trainer
Carries out Safety Plan for BCT operation
Assists in the recruitment and hiring of vehicle operators Provides Classroom and coordinates all behind the wheel trainer Investigate accidents, incidents and near misses and retrains as needed Conducts monthly safety meetings
Collectively with Project Manager conducts facility safety audits and OSHA compliance audits
Maintenance Manager
Maintenance
Supervisor
Follow appropriate maintenance intervals for preventive maintenance program
Perform and track all vehicle maintenance activities and repair Comply with all CHP regulations; prepare shop; prepare vehicle records Administer warranty program
Provide support to mechanics by assisting in diagnosis and ensure safety is always followed
Effectively manage and track inventory
Mechanics
Perform thorough Preventative Maintenance Inspections
Repair defects noted on DVIR
Troubleshoot and correct technical issues
Respond to road calls
Utility Worker
Provides interior bus and bus stop cleaning activities for the BCT service Ensures all necessary supplies are purchased and kept on hand Maintains Daily Cleaning Schedules for buses and bus stops Coordinate with Drivers and Staff.
Driver
Transport passengers safely throughout the service area.
Provide excellent customer service
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
K. Wages and Benefits
Obviously, TC intends to continue employment with all our existing employees and follows the California Labor Code 1070- 1074.
Our last year of our current contract with the City of Redondo Beach has been quite challenging due to a significant increase in the California minimum wage for fast food workers, which increased to $ 20.00, This resulted in several transit agencies in the Los Angeles region approving wage hikes between $4.00 and $7.00 per hour over existing rates to compensate for this situation.
The following is a breakdown of the CBA wage rates for BCT drivers, mechanics, and utility workers, as well as our proposed wage increases for the support staff beginning July 1st, 2025. We want to ensure we can retain our workforce, or hire additional employees as needed, and not addressing needed wage increases will only result in an extremely difficult situation with staff retention as well as the ability to hire additional staff inaccordance with any turnover or growth inthe system.
Driver Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Starting Rate $ 25.20 $ 26.45 $ 27.77 $ 29.16 $ 30.62 $ 32.15 Wage Average* $ 28.93 $ 30.94 $ 32.80 $ 34.60 $ 36.33 $ 38.15 Includes OT
Dispatcher Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Starting Rate $ 29.00 $ 30.16 $ 31.37 $ 32.62 $ 33.92 $ 35.28 Average Wage $ 29.00 $ 30.16 $ 31.37 $ 32.62 $ 33.92 $ 35.28 Operations
Supervisor Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Starting Rate $ 32.00 $ 33.28 $ 34.61 $ 35.99 $ 37.43 $ 38.93 Average Wage $ 32.00 $ 33.28 $ 34.61 $ 35.99 $ 37.43 $ 38.93 Admin Clerk Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Starting Rate $ 25.00 $ 26.00 $ 27.04 $ 28.12 $ 29.25 $ 30.42 Average Wage $ 25.00 $ 26.00 $ 27.04 $ 28.12 $ 29.25 $ 30.42 Maintenance
Supervisor Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Starting Rate $ 45.00 $ 46.80 $ 48.67 $ 50.62 $ 52.64 $ 54.75 Average Wage $ 45.00 $ 46.80 $ 48.67 $ 50.62 $ 52.64 $ 54.75 Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
A” Mechanic Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Starting Rate $ 40.00 $ 42.00 $ 43.68 $ 45.43 $ 47.25 $ 49.14 Average Wage $ 40.00 $ 42.00 $ 43.68 $ 45.43 $ 47.25 $ 49.14 ZEB Mechanic Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Starting Rate $ 44.00 $ 46.00 $ 47.84 $ 49.75 $ 51.74 $ 53.81 Average Wage $ 44.00 $ 46.00 $ 47.84 $ 49.75 $ 51.74 $ 53.81 Utility/Service
Worker Year 1 Year 2 Year 3 Year 4 Year 5 Year 6
Starting Rate $ 23.00 $ 24.00 $ 24.96 $ 25.96 $ 27.00 $ 28.08 Average Wage $ 23.00 $ 24.00 $ 24.96 $ 25.96 $ 27.00 $ 28.08 Employee Benefits
TC will continue to provide health care under either the company Blue Shield plan or the Unions United Healthcare plan. The premium will be shared between TC and the employee based upon the Collective Bargaining Agreement for Drivers and Maintenance Staff or the Company Plan for all other positions. Vacation and other paid time off are also included. New employees will be eligible for benefits after six months of employment.
Medical, Dental and Vision Care Plans – Coverage is available to all full-time eligible employees ( working 30 hours or more) and their dependents through either Blue Shield or Kaiser Permanente for medical, and Humana for Vision and Dental. Dependent coverage is also available. This plan covers 100% of the cost of most covered medical care, provided the care is received from network providers ( with minimal co- payment). Employees would choose a primary care physician who will facilitate care and recommend the employee to specialists if necessary. 401K and 409A Plans – We offer a 401k plan for all the employees as well as a 409A ( deferred compensation) plan for management. Both plans are through Principal Financial.
Voluntary Employee Benefits Offered:
Group Accident Insurance – Helps offset unexpected medical expenses, such as emergency room fees, deductibles, and co-payments.
Group Critical Illness Insurance - Supplements major medical coverage by providing a lump sum benefit that the employee can use to help with the direct and indirect costs related to critical care.
Group Disability Insurance – Replaces a portion of income to help employee make ends meet if they become disabled from a covered accident or sickness.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Group Hospital Confinement Indemnity Insurance - Provides a lump-sum benefit for a covered hospital confinement or a covered outpatient surgery. Designed to help cover copayments and deductibles that are not covered by most major medical plans.
Group Term Life Insurance – Offers a predictable way to provide more coverage at affordable prices during high- need years.
Employee Incentive Programs
Transportation Concepts is committed to improving and maintaining the success of all employees. We are committed to provide employees many different programs that encourage and reward those who are safe in their work and take an interest in improving their career.
Safety Meetings are held monthly and are at times when all employees can get together and share their experiences to help one another with similar issues faced day to day. Meetings include networking with other transit employees, resourceful presentations, community speakers and wellness improvement information.
During the meetings, a selection of food is prepared from suggestions by the employees.
Employee of the Month is a program that highlights an outgoing and committed employee who embodies the goals of safety and service to the community. This employee is selected by
management with the input from performance
evaluations, employee survey and customer feedback.
This employee is given a small gift and is recognized
publicly for their achievement.
Employee Appreciation Day is held twice a year by TC to reward and acknowledge all our employees. During the appreciation day, management provides a special lunch to all employees, their families, and friends as well as riders and transit stakeholders. This event allows employees to show off their other life passions such as cooking, music, and art that can be shared with everyone who attends.
The employee incentive program for the BCT operation will continue to be customized and aligned with contract goals and objectives as outlined throughout the contract term.
We believe in providing the employees input as to the specific program to be put in place.
This gives each employee a sense of ownership, pride, accountability, and increased motivation to perform.
Additionally, all employees also participate in our safety incentive program described in the safety program Section P of this proposal
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
L. Hiring/Screening Procedures
Hiring the Right Person
One of the significant keys to success for any organization is to find the right person who can embody all the key characteristics necessary and sought by a customer service driven organization. Transportation Concepts utilizes a thorough, seven-step selection process to identify the right candidate to hire and train as a member of our team. The seven steps include:
Recruitment
We have a solid recruiting plan in place at the BCT operation that involves utilizing external hiring companies to assist in recruitment, as well as getting out into the community to seek those that reside locally. This past year, like every other transit operator throughout California, we experienced some significant challenges in retaining some of our newly hired employees. As mentioned earlier, we made a business decision to increase the Driver wages by $ 4.00 per hour effective January 1, 2025. This results in a twenty percent ( 20%) increase to their starting rate. This will not only serve to retain our existing drivers, but it may have an impact on several past employees, who had previously left for other better paying transit operator jobs, resulting intheir return to TC.
Ongoing recruitment includes advertisement on our website and in the local media as well as going through local employment centers and utilizing an agreement with a local recruitment company.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
Employee Selection
Success in any service driven industry starts with hiring the right people. Transportation Concepts has developed a comprehensive and thorough approach to the screening and selection program for our potential team members.
Job Description
When an applicant applies with Transportation Concepts, they fill out an application online for employment, they are given a job description that describes in detail all the aspects of the job that the applicant will be expected to perform ifthey are selected for the position.
Application review
The review of the application includes statements by the applicant regarding their previous employment history, their previous driving record history, any history of vehicle accidents, and any history of workplace injuries.
Motor Vehicle Record Check
Each applicant is required to submit a current driver record history printout from the Department of Motor Vehicles, which details the applicants’ driving record for the past five years. Only original, current driver record history reports are accepted. Any applicant who is unable to provide this is not given further consideration.
Interview
All the staff responsible for interviews have been trained in specific questions to ask that among other things will identify an individual’s initial skills and more importantly their attitude towards passengers, peers, and the service they were provided.
Reference Checks
The applicants must identify on the application form their three most recent employers.
In addition, they must sign an authorization form, which gives permission to their former employer to comment upon their performance as an employee. Additionally, pursuant to 49 CFR Part 40 Drug and Alcohol Testing, the applicant must sign a “Release of Information form”. The employment references and release of information form that each applicant has identified are contacted and questioned about the work performance and prior D&A history of the applicant. All the responses gained through these references are documented to provide organization and structure to the process.
Background Check
Each current Transportation Concepts Operator providing service for Beach Cities Transit has successfully passed both a company background check as well as an E-Verify clearance before hiring. These qualifications must also be maintained throughout employment.
Must have five years of driving experience.
May have one break or interruption in holding a valid license of no more than 90 days during the five- year period immediately preceding the submittal of an employment application. The break or interruption cannot be the result of a state Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
having suspended or revoked the license, and the candidate must still be able to demonstrate that they have a minimum of five years’ driving experience.
No felony convictions.
No more than two at-fault or preventable accidents in the last three years.
No more than two convictions of moving violations in the last three years.
When combined, there were no more than two incidents (preventable accidents or moving violations) during the last three years.
No record of DUI or DWI within the past 15 years.
Not subject to outstanding warrants for arrest
Physical and Drug Screening
All Transportation Concepts employees must pass a DOT physical examination and a drug screen prior to being accepted as an employee.
The company’ s physical examination and drug screening program meets the Department of Transportation ( DOT) requirements. The company’ s local DOT certified facility is Concentra Medical Group who conducts the medical screening and issues a DOT medical certificate. The company’ s drug screening program is conducted locally by Concentra, which meets all Federal Transit Administration guidelines.
Final Selection Criteria
Once the employee completes the seven steps, the following criteria will be reviewed again and must be met before employment is offered:
Five years minimum driving experience, including a minimum three-year U.S. residence.
Minimum 21 years of age.
Possession of all required licenses, including a Commercial Driver’s License Class B driver’s license.
Can obtain special permits and endorsements.
Proven ability incustomer service.
Be able to speak, write and understand English and possess the capability to perform simple mathematic functions.
Provide proof of U.S. citizenship or legal alien status, must have lived in the United States for three years.
No negative feedback on ex- employment references.
Demonstrate compassion and sensitivity for customer service and passenger assistance.
In addition, if it is discovered through a Motor Vehicle Record Check that an existing employee has an infraction and has not notified us it could lead to termination. If the Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
employee has notified us, the infraction could result in re-training or termination depending on the contract and the infraction.
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit
M. Personnel Handbook and D&A Testing Practices
Employee Handbook
Our Employee Handbook is vital, as it sets the tone for the company’ s expectations of its employees. The Handbook
incorporates our philosophy of excellence and ensures that all employees understand that our success is a result of their efforts.
Our Employee Handbook has recently gone through a revision to stay current with both state and federal laws and is included at the end of this section.
Drug and Alcohol Screening
Transportation Concepts is committed to providing consistently safe and dependable transportation service to the passengers of the transit systems that it operates. In compliance with these goals, and with the Federal Transit Administration’s requirements, the company has adopted a DrugFree Workplace Policy.
The Screening Guarantee:
To ensure that employees are not impaired in their ability to perform their assigned duties in a safe, productive, and healthy manner.
To create a workplace environment free from the adverse effects of drug and alcohol use and misuse.
To prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances
To encourage employees to seek professional assistance anytime through personal problems, including alcohol or drug dependency, adversely affects their ability to perform assigned duties.
Transportation Concepts’ Drug and Alcohol screening policy applies to all safety-sensitive and non- safety- sensitive Transportation Concepts employees, paid part- time employees and contractors when they are on TC property or performing any transit related business for TC.
All safety- sensitive and non- safety- sensitive employees shall be subject to the following testing:
Pre- Employment
Random
Post- Accident
Return to Duty (after Leave exceeding 30 days)
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and
EMPLOYEE HANDBOOK
January 2024
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Dear Employee:
For those who are commencing new employment with Parking Concepts, Inc., we extend a warm and sincere welcome. We hope you will enjoy your work and we are glad to have you with us. For those who have been with us for some time, we thank you for your past and continued service.
At Parking Concepts, Inc., we are committed to providing the highest level of quality parking, valet and transportation services to each of our customers. Our ability to achieve that commitment is dependent upon your excellent job performance. As an employee of Parking Concepts, Inc., the quality of your performance plays a key role in determining your future and the future prospects of our Company. We are in the business of providing service and our continued success depends upon how we measure up to our customers’ expectations. As a front line service provider, our customers’ first impression of you has much to do with their view of our Company.
We encourage input from our employees. If you feel there is a better, more efficient way to do things, we want to know about it and welcome your suggestions.
Each of the Company’ s officers has at some point in their career performed the same duties you will be performing. Therefore, we are sensitive to the problems you may encounter in the day-to-day operation and will always be ready to assist you.
This Parking Concepts, Inc. Employee Handbook ( the “ Handbook”) sets forth some of the Company’ s current policies and is designed to familiarize employees with important policies and procedures. All employees are expected to read and become familiar with the contents of the Handbook. Your supervisor or manager will be happy to answer any questions you may have.
We extend to you our best wishes for your success.
Very truly yours,
David L. Mueller
President
Parking Concepts, Inc.
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TABLE OF CONTENTS
Page
1. INTRODUCTION ................................................................................................................................... 1
1.1 COMPANY OVERVIEW ............................................................................................................. 1
1.2 CEO GILL BARNETT OVERVIEW ............................................................................................. 1
1.3 PCI MISSION AND VISION STATEMENT ................................................................................. 2
1.4 PURPOSE OF THE HANDBOOK ............................................................................................... 3
1.5 COLLECTIVE BARGAINING AGREEMENTS ............................................................................ 3
1.6 LOCAL WAGE ORDINANCES ................................................................................................... 3
2. GENERAL EMPLOYMENT POLICIES ................................................................................................... 5
2.1 EMPLOYMENT APPLICATIONS ................................................................................................ 5
2.2 EMPLOYMENT REFERENCE CHECKS .................................................................................... 5
2.3 COLLECTION AND USE OF PERSONAL INFORMATION ........................................................ 5
2.4 IMMIGRATION LAW COMPLIANCE .......................................................................................... 6
2.5 EMPLOYMENT AT WILL............................................................................................................ 6
2.6 PROTECTED CONCERTED ACTIVITY ..................................................................................... 7
2.7 EQUAL EMPLOYMENT OPPORTUNITY ................................................................................... 7
2.8 HARASSMENT PREVENTION POLICY ..................................................................................... 9
2.9 INTERNAL COMPLAINT PROCESS ........................................................................................ 10
2.10 TRANSFERS AND CAREER ADVANCEMENT ....................................................................... 11
2.11 EMPLOYEE RELATIONS ......................................................................................................... 11
2.12 OPEN DOOR POLICY ............................................................................................................. 11
2.13 PERSONNEL RECORDS ......................................................................................................... 11
2.14 PAYROLL RECORDS .............................................................................................................. 13
2.15 SUGGESTION PROGRAM ...................................................................................................... 13
2.16 ARBITRATION ......................................................................................................................... 14
3. WORK CLASSIFICATIONS AND COMPENSATION ........................................................................... 15
3.1 EMPLOYMENT CATEGORIES ................................................................................................ 15
3.2 INTRODUCTORY PERIOD ...................................................................................................... 15
3.3 REST PERIODS ....................................................................................................................... 16
3.4 MEAL PERIODS ...................................................................................................................... 17
3.5 RECOVERY PERIODS ............................................................................................................ 18
3.6 LACTATION BREAKS .............................................................................................................. 19
3.7 WORK SCHEDULES ............................................................................................................... 19 2458.100 / 15502430. 1 ii
3.8 PAY PERIODS AND PAY DAYS .............................................................................................. 20
3.9 TIME-KEEPING SYSTEM ........................................................................................................ 20
3.10 OVERTIME .............................................................................................................................. 21
3.11 EXEMPT EMPLOYEES ............................................................................................................ 22
3.12 DIRECT DEPOSIT ................................................................................................................... 22
3.13 PAY ADVANCES ..................................................................................................................... 23
3.14 ADMINISTRATIVE PAY CORRECTIONS ................................................................................ 23
3.15 PERSONNEL DATA CHANGES .............................................................................................. 23
3.16 PAYROLL DEDUCTIONS ........................................................................................................ 23
3.17 GARNISHMENT OF WAGES ................................................................................................... 24
3.18 TIPS AND TAXES .................................................................................................................... 24
3.19 REIMBURSEMENT OF EXPENSES AND MILEAGE ............................................................... 24
4. BENEFITS ........................................................................................................................................... 25
4.1 OVERVIEW OF EMPLOYEE BENEFITS ................................................................................. 25
4.2 VACATION ............................................................................................................................... 25
4.3 HOLIDAYS ............................................................................................................................... 26
4.4 PAID SICK LEAVE ................................................................................................................... 26
4.5 MEDICAL INSURANCE COVERAGE....................................................................................... 27
4.6 WORKERS' COMPENSATION INSURANCE ........................................................................... 28
4.7 LITERACY ASSISTANCE ........................................................................................................ 28
5. CIVIC RESPONSIBILITY ..................................................................................................................... 29
5.1 JURY DUTY ............................................................................................................................. 29
5.2 WITNESS DUTY ...................................................................................................................... 29
5.3 VOTING ................................................................................................................................... 29
5.4 ELECTION OFFICERS ............................................................................................................ 30
5.5 TIME OFF FOR VOLUNTEER SERVICE AND TRAINING ....................................................... 30
5.6 TIME OFF FOR CIVIL AIR PATROL SERVICE ........................................................................ 30
6. LEAVES OF ABSENCE ....................................................................................................................... 31
6.1 BEREAVEMENT LEAVE .......................................................................................................... 31
6.2 PREGNANCY DISABILITY LEAVE .......................................................................................... 31
6.3 FAMILY AND MEDICAL LEAVE ACT / CALIFORNIA FAMILY RIGHTS ACT ........................... 33
6.4 DISCRETIONARY PERSONAL LEAVE ................................................................................... 37
6.5 LEAVE FOR REPRODUCTIVE LOSS ...................................................................................... 37
6.6 ALCOHOL AND DRUG REHABILITATION LEAVE .................................................................. 38
6.7 JOB-RELATED ILLNESS OR INJURY ..................................................................................... 38 2458.100 / 15502430. 1 iii
6.8 LEAVE FOR VICTIMS OF FELONY CRIMES .......................................................................... 39
6.9 LEAVE AND/OR REASONABLE ACCOMMODATION FOR VICTIMS OF DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING ................................................................... 39
6.10 FAMILY SCHOOL PARTNERSHIP LEAVE .............................................................................. 40
6.11 SCHOOL SUSPENSION LEAVE .............................................................................................. 40
6.12 MILITARY SERVICE LEAVE .................................................................................................... 41
6.13 MILITARY SPOUSE LEAVE ..................................................................................................... 42
6.14 BONE MARROW DONATION LEAVE ...................................................................................... 43
6.15 ORGAN DONATION LEAVE .................................................................................................... 43
7. HEALTH AND SAFETY ....................................................................................................................... 44
7.1 SAFETY ................................................................................................................................... 44
7.2 WORK ENVIRONMENT ........................................................................................................... 44
7.3 SAFETY RULES ...................................................................................................................... 44
7.4 LOCKERS ................................................................................................................................ 45
7.5 SECURITY INSPECTIONS ...................................................................................................... 45
7.6 WORKERS' COMPENSATION ................................................................................................ 45
7.7 DRUG AND ALCOHOL USE .................................................................................................... 46
7.8 WORKPLACE VIOLENCE PREVENTION ................................................................................ 47
7.9 EMERGENCY CLOSINGS ....................................................................................................... 48
7.10 TRANSPORTATION CONCEPTS WORKPLACE SAFETY ...................................................... 48
8. WORKPLACE CONDUCT ................................................................................................................... 51
8.1 PCI STANDARDS OF HONESTY AND INTEGRITY ................................................................ 51
8.2 ATTENDANCE AND PUNCTUALITY ....................................................................................... 51
8.3 BUSINESS ETHICS ................................................................................................................. 52
8.4 CONFLICTS OF INTEREST ..................................................................................................... 52
8.5 OUTSIDE EMPLOYMENT ........................................................................................................ 54
8.6 CONFIDENTIAL INFORMATION/ NON-DISCLOSURE ............................................................ 54
8.7 PERSONAL RELATIONSHIPS IN THE WORKPLACE ............................................................ 56
8.8 CUSTOMER SERVICE ............................................................................................................ 56
8.9 SOLICITATION AND DISTRIBUTION ...................................................................................... 56
8.10 BULLETIN BOARDS ................................................................................................................ 57
8.11 USE OF COMPANY TELEPHONES ........................................................................................ 57
8.12 USE OF COMPANY MAIL ........................................................................................................ 58
8.13 CELL PHONES AND PDA USAGE WHILE DRIVING; DRIVER SAFETY ................................ 58
8.14 CELL PHONE, PDA AND PTT USAGE BY BUS AND SHUTTLE DRIVERS ............................ 58 2458.100 / 15502430. 1 iv
8.15 PERSONAL BELONGINGS ..................................................................................................... 59
8.16 USE OF PCI TOOLS AND EQUIPMENT .................................................................................. 59
8.17 PERSONAL APPEARANCE AND GROOMING ....................................................................... 59
8.18 UNIFORM POLICY ................................................................................................................... 60
8.19 DRIVER’ S LICENSE/ PCI AND PERSONAL VEHICLES........................................................... 61
8.20 DRIVER’ S LICENSE/ BUS AND SHUTTLE DRIVERS .............................................................. 61
8.21 PULL NOTICE PROGRAM ....................................................................................................... 61
8.22 SMOKING POLICY .................................................................................................................. 61
8.23 VISITORS ................................................................................................................................ 62
8.24 USE OF COMPANY COMPUTERS, ELECTRONIC DEVICES, AND
COMMUNICATIONS SYSTEMS .............................................................................................. 62
8.25 USE OF SOCIAL MEDIA .......................................................................................................... 65
8.26 MEDIA CONTACTS ................................................................................................................. 66
8.27 WORKPLACE CONDUCT ........................................................................................................ 67
8.28 CASH SHORTAGES AND OVERAGES ................................................................................... 69
9. END OF EMPLOYMENT ..................................................................................................................... 71
9.1 EMPLOYMENT TERMINATION ............................................................................................... 71
9.2 INVOLUNTARY TERMINATION AND PROGRESSIVE DISCIPLINE ....................................... 71
9.3 VOLUNTARY TERMINATION .................................................................................................. 71
9.4 RETURN OF COMPANY PROPERTY ..................................................................................... 71
9.5 EMPLOYMENT REFERENCES ............................................................................................... 72 2458.100 / 15502430. 1 1
1. INTRODUCTION
1.1 COMPANY OVERVIEW
Gill Barnett founded Parking Concepts, Inc. (“PCI”) in 1974 with a focus on California’ s parking needs. For almost five decades, PCI has set a standard for excellence in the parking industry. From the beginning, we focused on what is the most important consideration in the parking and transportation business – service.
Our team of seasoned professionals possesses unequalled local experience, knows the market inside and out, and enjoys a proven track record.
Today, PCI leases, manages or operates nearly 200 facilities ranging from 200 to 25,000 spaces. These include commercial facilities, office buildings, shopping centers, hotels and restaurants, hospitals and medical buildings, recreational facilities and airports. Additionally, we provide shuttle and transportation services for various city and county agencies, along with private entities, through our Transportation Concepts division.
The PCI management team is involved in all aspects of every parking facility and transportation service operation we oversee. Each team member is motivated to achieve exceptional results. We are extremely proud of our reputation for providing the highest level of service in a professional and cost efficient manner.
In addition to our Company- owned Los Angeles and Orange County headquarters facilities, we maintain regional offices in Glendale, Ontario, Santa Ana, San Francisco, and Dallas, Texas. We are committed to being the best and most highly respected provider of parking and transportation services in California and wherever we do business.
1.2 CEO AND FOUNDER GILL BARNETT OVERVIEW
In 1957, while studying business and engineering at El Camino College, Gill began his parking management career at Los Angeles International Airport as part of the management team that inaugurated LAX’s new central terminal complex.
In 1968, working in concert with Marsh McMurray, Gill launched a parking division for a major publicly held corporation. Within six years, Gill and Marsh were instrumental in the development of 240 parking facilities, spanning twelve states.
In 1974 Gill and Marsh, tired of constant air travel and being away from their families, left and founded PCI. Their goal was simple: To establish a successful local parking management firm based on state-of-the-art technology and energetic management. The focus: customer satisfaction. Their goal was achieved early and PCI has gone on to be highly respected for its quality customer service and major innovations in the parking industry. Today, Gill continues to utilize his hands-on style of management as he did in 1974. This tradition has continued to grow by means of excellence in senior management and staff that support the “ get-it-done, do-it-now” approach to facility management.
In 1982, PCI formed its Transportation Concepts division after it was awarded the shuttle bus contract at the Ontario International Airport. Through its Transportation Concepts division, PCI provides transportation service solutions to individuals, companies and governmental agencies that is tailored to meet each customer’ s unique needs and is safe, reliable and cost-effective.
As past President of the Parking Association of California, a member of the National Parking Association Executive Board of Directors and an active member of numerous trade and civic organizations, it is clear that Gill will always have a desire to serve. His personal involvement is reflected in the quality service each client of PCI receives.
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1.3 PCI MISSION AND VISION STATEMENT
OUR MISSION STATEMENT:
EMPOWERING OUR TEAM TO DELIVER SUPERIOR SERVICE TO OUR PARTNERS WITH UNCOMPROMISING INTEGRITY.
OUR VISION STATEMENT:
TO BE THE INDUSTRY- LEADING SERVICE PROVIDER FOR OUR PARTNERS, LED BY OUR CULTURE, TEAM, AND TECHNOLOGY.
Our Goal
To provide the finest parking management and transportation services in the industry.
Our Strategy
We employ people who are committed to serving customer’ s needs.
We offer our customers the best possible quality and value in parking services.
We provide efficient, accurate and reliable services.
Our Principles
Our customers' complete satisfaction is our daily goal. We accept the responsibility to earn the trust and loyalty from our customers and never take our business relationships for granted. We strive to provide excellent service through every department and every employee in the Company.
We recognize that our customers' loyalty is the basis for our continued growth as a company and is the livelihood of every employee. Therefore, each employee at every level at PCI is committed to treating our customers in a business- like manner.
Our employees are the backbone of PCI. The success of the organization as a whole depends on the abilities, character and integrity that each person brings to his or her role in this organization.
Each employee' s job is vital to the Company. Degrees of responsibility vary, but all employees’ responsibilities are essential to the fulfillment of our goal.
PCI strives to create an environment where our employees actively use their talents and energies to meet the needs of our customers. We believe that work is rewarding and fulfilling when employees understand how they contribute to the success of the whole. Therefore, PCI regularly shares information about the Company' s progress and encourages employees to share their ideas while gaining an understanding of how the business works.
Profitable Growth and Sound Management
PCI believes in the free enterprise system and the profit motive as the best instruments for satisfying customers' needs and for producing the greatest common good. PCI will strive to be well-managed, highly profitable and financially strong for the benefit of its customers and employees.
Public Responsibility
PCI will be a responsible citizen in the community and will encourage its employees to participate in practical programs for community betterment.
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1.4 PURPOSE OF THE HANDBOOK
This employee handbook ( the “Handbook”) is designed to provide you with information about working conditions, employee benefits, and some of the policies affecting your employment with PCI. PCI and its Transportation Concepts division are part of the same company and, unless otherwise indicated, the provisions of this Handbook apply to all PCI employees, including those working for PCI’s Transportation Concepts division. In this Handbook, PCI and its Transportation Concepts division or collectively referred to as “PCI” or the “Company.” This Handbook sets forth some of PCI’s current policies and is designed to familiarize employees with important policies and procedures. The Handbook was developed to describe some of the expectations of our employees and to outline the policies, programs, and benefits available to eligible employees. All employees are expected to read and become familiar with the contents of the Handbook. The Handbook will answer many questions about employment with PCI.
This Handbook replaces any other handbooks you may have received and any verbal policies or practices that may have been previously communicated to you. With the exception of the At-Will Employment policy in Section
2.5, below, the Acknowledgement and At-Will Employment Agreement at the end of the Handbook, and the Mutual Agreement to Arbitrate Claims at the end of the Handbook, PCI reserves the right to revise, modify, delete or add to any and all policies, procedures, work rules or benefits stated in the Handbook or in any other document.
Written changes to the Handbook will be distributed to employees from time to time to make employees aware of new policies or procedures.
With the exception of the At-Will Employment policy in Section 2.5, below, the Acknowledgement and At-Will Employment Agreement at the end of the Handbook, and the Mutual Agreement to Arbitrate Claims at the end of the Handbook, the Handbook should not be construed as creating any kind of employment contract. The Acknowledgment and At-Will Employment Agreement at the end of the Handbook, sets forth the entire agreement between each employee and PCI as to the duration of employment and the circumstances under which employment may be terminated. Nothing in the Handbook or in any other personnel document creates or is intended to create a promise, representation, or agreement for continued employment or termination only for good cause.
After reading the Handbook, and throughout your employment, you may have questions about PCI’s policies, practices, benefits, or other matters discussed in the Handbook. Please direct such questions to your supervisor or manager, or to the Human Resources Department.
1.5 COLLECTIVE BARGAINING AGREEMENTS
Employees who are enrolled members of a Collective Bargaining Unit are subject to policies and procedures contained in this Handbook unless the applicable Collective Bargaining Agreement provides otherwise, in which case the terms of the Collective Bargaining Agreement control.
1.6 LOCAL WAGE ORDINANCES
The following California cities and counties have adopted local wage ordinances which contain various provisions, such as minimum wages rates, paid sick leave, and other topics affecting employees working within their boundaries:
2458.100 / 15502430. 1 4
Alameda Belmont Berkeley Burlingame
Cupertino Daly City East Palo Alto El Cerrito
Emeryville Foster City Fremont Half Moon Bay
Hayward Long Beach Los Altos Los Angeles
Malibu Menlo Park Milpitas Mountain View
Los Angeles County Novato Oakland Palo Alto
Pasadena Petaluma Redwood City Richmond
San Carlos San Diego San Francisco San Jose
San Leandro San Mateo Santa Clara Santa Cruz
Santa Monica Santa Rosa Sonoma South San Francisco
Sunnyvale West Hollywood
To the extent that any provisions of this Handbook are inconsistent with the terms of an applicable municipal or county wage ordinance, the terms of the applicable wage ordinance control. 2458.100 / 15502430. 1 5
2. GENERAL EMPLOYMENT POLICIES
2.1 EMPLOYMENT APPLICATIONS
PCI relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment. In compliance with California law, PCI will not discharge or take other adverse action against an employee who updates or attempts to update his or her personal information that is not directly related to skill set, qualifications, or knowledge required for the job.
2.2 EMPLOYMENT REFERENCE CHECKS
To ensure that individuals who join PCI are well qualified and have a strong potential to be productive and successful, PCI reserves the right to check the employment references of all applicants.
2.3 COLLECTION AND USE OF PERSONAL INFORMATION
During the application process and/or during employment, PCI collects various categories of personal information and sensitive personal information regarding applicants and employees. A more detailed explanation of the information PCI collects and how it may be used and shared in provided in the Employee Disclosure Notice provided to all employees.
a. What PCI Collects and How it is Used. During the application process and/or during employment, PCI collects various categories of personal information and sensitive personal information, including:
Name, address, telephone number and email address;
Demographic information ( e.g., gender, race, national origin, age) as required by federal equal opportunity laws and regulations;
Social Security number;
Bank and bank account number (if enrolled in direct deposit); Immigration status / Right to work in the United States; Education;
Military service and training;
Other specialized training relevant to job duties;
Prior work experience;
Criminal convictions ( information requested after conditional offer of employment); Reasons for leaving prior employment;
Names, ages and addresses of spouse, domestic partner and dependents ( regarding benefit enrollment);
Names, addresses, and contact information for any emergency contacts; Driving record ( requested from employees who drive as part of their job duties); Identity of friends and relatives who work for PCI;
Medical and Biometric information ( related to leaves of absence, drug and alcohol testing, administration of medical insurance, and/or workers’ compensation); Biometric information ( for identification and timekeeping); Internet and email usage while at work and using PCI-owned devices; Literacy ( when job related and consistent with business necessity); and Geolocation information related to the use of Company- owned Electronic Devices. 2458.100 / 15502430. 1 6
Personal Information is used to: ( 1) evaluate applicants for employment and employees for continued employment, raises, and promotions; ( 2) identify employees in the timekeeping system; ( 3) issue wage payments to employees; ( 4) administer employee benefit plans for employees and their dependents; ( 5) administer leaves of absence; ( 6) administer workers’ compensation insurance; and (7) ensure compliance with PCI’s personnel policies. Workforce demographic information is used solely to comply with annual EEO-1 reporting obligations.
Medical information is used for leave of absence administration, drug and alcohol testing, administration of medical insurance, and/or workers’ compensation.
b. How and Why Personal Information May be Disclosed. PCI does not sell its applicants’ or employees’ personal information for monetary consideration. PCI takes all reasonable measures to protect its applicants’ and employees’ personal information from inadvertent disclosure and restricts access to such information to management- level employees on a need-to-know basis.
PCI may disclose an employee' s personal information to third parties when required to perform tasks for the benefit of the employee. Such disclosures may include ( a) sharing personal information during medical and other emergencies; ( b) providing benefits to an employee through a third-party service provider; ( c) authenticating and verifying employment status when requested by an employee; ( d) sharing personal information collected from Company- owned Electronic Devices with IT personnel and third parties for purposes of risk assessment and/or data breach response; ( e) other disclosures PCI is required to make, including but not limited to, disclosures to government agencies, and disclosures in litigation to defend PCI or pursue PCI’s interests. c. How Long PCI Keeps Personal Information. PCI keeps personal information throughout the duration of employment, plus an additional seven ( 7) years after employment ends, or as required by applicable law. d. Right of Access, Correction and Deletion. Employees who reside in California have certain rights with respect to personal information:
Right to Access / Disclosure;
Right to Correction;
Right to Deletion ( in some instances);
Right to opt-out of the sale or sharing of Personal Information; Right to limit the use and disclosure of Sensitive Personal Information; Right to Non-Discrimination re exercise of rights; and
Appointment of agent to enforce rights.
An employee with questions regarding his/her rights with respect to personal information should contact the Human Resources Department.
2.4 IMMIGRATION LAW COMPLIANCE
PCI is legally required to employ only United States citizens and non-citizens who are authorized to work in the United States. PCI does not unlawfully discriminate on the basis of citizenship or national origin. In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete an Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an I-9 with PCI within the past three years, or if their previous I-9 is no longer retained or valid. Failure to provide these documents within three days of date of hire will result in termination.
2.5 EMPLOYMENT AT WILL
Upon receipt of this Handbook, you will be required to sign the Employee Acknowledgment and At-Will Employment Agreement ( the “At Will Agreement”) and Mutual Agreement to Arbitrate Claims ( the “Arbitration Agreement”), which are printed at the end of the Handbook. As discussed in the At Will Agreement, your 2458.100 / 15502430. 1 7
employment with PCI is at-will employment. This means that you may resign from employment at any time, with or without cause and with or without notice, and that PCI may transfer, reassign, suspend, or demote you, or terminate the employment at any time, with or without cause and with or without notice. Your status as an at-will employee can only be changed by an express, written employment agreement signed by PCI’s President.
No statements made in pre-hire interviews or discussions or in recruiting materials of any kind may alter the atwill nature of employment or imply that termination of employment will occur only for cause. This Handbook supersedes any and all prior handbooks, written documents or oral representations that contradict the at-will nature of your employment.
The policies of the Handbook have been developed at the discretion of management and, with the exception of this Employment At-Will policy, the At Will Agreement and the Arbitration Agreement, these policies and the terms and conditions of employment with PCI may be modified at the sole discretion of PCI, with or without cause or notice at any time. The Handbook is intended to be a guideline and, except for this Employment At-Will policy, the At-Will Agreement and Arbitration Agreement, no express or implied contract concerning any term or condition of employment can be established by any statement, conduct, policy, or practice contained in the Handbook or implemented by PCI in the workplace.
2.6 PROTECTED CONCERTED ACTIVITY
Section 7 of the National Labor Relations Act, 29 U.S.C. § 157, grants all employees the right to engage in concerted activity for their mutual aid and protection:
Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection, and shall also have the right to refrain from any or all of such activities except to the extent that such right may be affected by an agreement requiring membership in a labor organization as a condition of employment . . . .”
Section 7 also affords protection for employees who engage in communications with a wide range of third parties in circumstances where the communication is related to an ongoing labor dispute and when the communication is not so disloyal, reckless or maliciously untrue as to lose the Act’s protection.
Nothing in this Handbook shall be interpreted to interfere with an employee’ s exercise of his/her Section 7 rights under the NLRA, including but not limited to, the right to (1) discuss wages and other working conditions with coworkers or a union, ( 2) take action with one or more co-workers to improve working conditions by raising workrelated complaints directly with PCI or with a government agency, or (3) choose not to engage in such activities.
PCI will not retaliate against an employee for engaging in concerted activity protected by Section 7 of the NLRA, or choosing not to engage in such activity, and will not tolerate or permit retaliation by any manager, supervisor, co-worker, or other person involved in or related to the PCI’s business operation.
2.7 EQUAL EMPLOYMENT OPPORTUNITY
a. Equal Opportunity; Protected Classifications. PCI is an equal opportunity employer and strives to comply with all applicable laws prohibiting discrimination based on race ( including natural and protective hairstyles associated with race, such as braids, twists and locks), color, religious creed, religious belief (including dress or grooming practices), gender, sex, gender identity, gender expression, sexual orientation, marital/domestic partner status, citizenship, national origin and ancestry ( including language use, linguistic characteristics, tribal affiliation, membership in organizations identified with a national origin, participation in schools or religious institutions associated with a national origin, having a name associated with a national origin, and protected use of driver’s licenses granted under the California Vehicle Code), mental or physical disability including AIDS and HIV status), medical condition ( including cancer and genetic information or characteristics, 2458.100 / 15502430. 1 8
or those of family members), pregnancy, childbirth, breastfeeding ( including medical conditions related to pregnancy, childbirth or breastfeeding), age, military and veteran status, status as a victim of domestic violence, sexual assault, or stalking, use of any legally protected leave, reproductive health decision- making, lawful use of cannabis off the job and away from the workplace, and/or any other consideration made unlawful by federal, state or local laws. In addition, PCI prohibits discrimination based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived to have any of those characteristics. All such discrimination is prohibited. This policy applies to all terms and conditions of employment, including but not limited to, hiring, placement, promotion, demotion, termination, layoff, transfer, leaves of absence, compensation and training.
b. Persons Covered by Policy. PCI is committed to complying with all laws providing equal employment opportunities that are applicable to PCI. This commitment applies to all persons involved in the operation of PCI and prohibits unlawful discrimination by any employee of PCI, including managers, supervisors and co-workers. c. Persons with Disabilities. To comply with applicable laws ensuring equal employment opportunities for qualified individuals with disabilities, PCI will make reasonable accommodation for the known physical or mental disabilities of otherwise qualified applicants and employees, unless undue hardship would result. Any applicant or employee who requires an accommodation to perform the essential functions of the job should contact his/her supervisor or the Human Resources Department and request such an accommodation. If possible, the individual with disability should specify what accommodation he/she needs to perform the job. PCI will then conduct an investigation to identify the essential functions of the position, barriers that make it difficult for the applicant or employee to have an equal opportunity to perform his/her job, and whether there is a reasonable accommodation that would not represent an undue hardship. In the process of determining a reasonable accommodation, PCI will enter into a good-faith, interactive process with the applicant or employee to identify possible accommodations, if any, that will help overcome the limitation. If the accommodation is reasonable and will not impose an undue hardship, PCI will make the accommodation. d. Equal Pay for Substantially Similar Work. In accordance with state and federal law, PCI provides employees with equal pay for substantially similar work when viewed as a composite of skill, effort and responsibility, and without regard to gender, race or ethnicity. During the recruiting process, PCI does not request prior compensation history from any applicant. PCI prohibits retaliation against an employee or applicant for inquiring about wage rates, disclosing the employee’ s own wage rate to other employees, or discussing wage rates with other employees.
e. Who to Contact. An employee who has questions or concerns about discrimination in the workplace, or believes that he/she has been subjected to any form of unlawful discrimination, should bring his/her concerns to the attention of the Human Resources Director. Whenever possible, the employee’ s complaint should be specific and should include the names of the individuals involved and the names of any witnesses. PCI will immediately undertake an effective, thorough and objective investigation in accordance with Internal Complaint Process discussed below. If PCI determines that prohibited discrimination has occurred, effective remedial action will be taken commensurate with the severity of the offense. Appropriate action also will be taken to deter any future discrimination.
f. Retaliation Prohibited. PCI will not retaliate against an employee for making a complaint under this policy and PCI prohibits retaliation by managers, supervisors and co-workers. No employee will be subject to any form of discipline or retaliation for reporting perceived violations of this policy, pursuing any such claim, or cooperating in any way in the investigation of such claim. Appropriate disciplinary action may be taken with respect to an employee who violates this policy, up to and including termination of employment.
2.8 HARASSMENT PREVENTION POLICY
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a. Prohibited Conduct. PCI is committed to providing a work environment free of unlawful harassment based on race (including natural and protective hairstyles associated with race, such as braids, twists and locks), color, religious creed, religious belief ( including dress or grooming practices), gender, sex, gender identity, gender expression, sexual orientation, marital/domestic partner status, citizenship, national origin and ancestry including language use, linguistic characteristics, tribal affiliation, membership in organizations identified with a national origin, participation in schools or religious institutions associated with a national origin, having a name associated with a national origin, and protected use of driver’s licenses granted under the California Vehicle Code), mental or physical disability ( including AIDS and HIV status), medical condition ( including cancer and genetic information or characteristics, or those of family members), pregnancy, childbirth, breastfeeding including medical conditions related to pregnancy, childbirth or breastfeeding), age, military and veteran status, status as a victim of domestic violence, sexual assault, or stalking, use of any legally protected leave, reproductive health decision- making, lawful use of cannabis off the job and away from the workplace, and/or any other consideration made unlawful by federal, state or local laws. In addition, PCI prohibits harassment based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived to have any of those characteristics. All such conduct is prohibited. b. Persons Covered by Policy. This policy applies to all persons involved in or related to PCI’s business operation and prohibits unlawful harassment by any employee, supervisor, manager, third party or visitor, including by way of example, any contractor, temporary employee, vendor, or other third party that comes into contact with any employee of PCI. PCI specifically prohibits its customers, vendors, suppliers, independent contractors and others doing business with PCI from harassing its employees. c. Employee Defined. For purposes of this policy, an “employee” also includes unpaid interns, volunteers and persons providing services to PCI pursuant to contract. All such persons are both protected by this policy and prohibited from engaging in harassment, discrimination or retaliation. d. Individual Liability. An employee who engages in unlawful harassment of a co-employee may be held personally liable for the harassment, regardless of whether PCI knew or should have known of the conduct. e. Examples ofProhibitedSexual Harassment. Sexual harassment includes a broad spectrum of conduct including harassment based on gender, gender identity, gender expression, transgender or sexual orientation meaning one's heterosexuality, homosexuality, or bisexuality), regardless of whether the person subjected to harassment has sustained a loss of tangible job benefits. Some examples of unacceptable behavior include:
Explicitly or implicitly conditioning an employment benefit ( such as a raise or promotion or assistance with one's career) on an applicant or employees submission to sexual advances or other conduct based on sex, or threatening an employment detriment ( such as termination, demotion, or disciplinary action) for an employee' s refusal to engage in sexual activity; Unwanted sexual advances;
Visual conduct, such as leering, making sexual gestures, or displaying sexually suggestive objects, pictures, cartoons or posters;
Verbal sexual advances, propositions, requests or comments; Verbal abuse of a sexual nature, graphic verbal commentaries about an individual' s body, sexually degrading words used to describe an individual, and suggestive or obscene letters, notes or invitations;
Physical conduct, such as touching, assault, impeding or blocking movement; Physical or verbal abuse concerning an individual' s gender or the actor' s perception of the individual' s gender;
Verbal abuse concerning a person' s characteristics such as vocal pitch, facial hair or the size or shape of a person' s body, including remarks that a male is too feminine or a female is too masculine; and
Other unwelcome comments or conduct based on sex that unreasonably interfere with an employee’ s work performance or create an intimidating, hostile, or offensive work environment. 2458.100 / 15502430. 1 10
Sexual harassment includes offensive conduct based upon the victim’s gender, transgender or sexual orientation. However, sexually harassing conduct need not be motivated by sexual desire. f. Examples of What Constitutes Other Prohibited Harassment. In addition to the above listed conduct, PCI strictly prohibits harassment based upon race, color, religion, national origin, age or any other protected characteristics. Some examples of prohibited harassment concerning race, color, religion, national origin, age or other protected characteristics include:
Slurs, epithets, and other offensive remarks;
Jokes, whether written, verbal, or by e-mail;
Threats, intimidation, and other menacing behavior; and Other verbal, graphic, or physical conduct predicated upon one or more of the protected characteristics identified in this policy.
If you have any questions about what constitutes harassment in violation of this policy, ask your supervisor or the Human Resources Department for clarification.
g. Harassment of Third Parties. Harassment of PCI’s clients, vendors, suppliers or independent contractors, or of the employees of PCI's clients, vendors, suppliers or independent contractors, is also strictly prohibited.
Such harassment includes the types of behavior specified in this policy, including sexual advances, verbal or physical conduct of a sexual nature, sexual comments and gender- based insults. Any such harassment will subject an employee of PCI to disciplinary action, up to and including termination of employment.
2.9 INTERNAL COMPLAINT PROCESS
a. Who to Contact. If you believe you have been subjected to harassment, discrimination or retaliation by another employee, supervisor, manager or other person involved in or related to PCI’s business operation, you should immediately contact the Human Resources Director. In addition, if you observe discrimination, harassment or retaliation by another employee, supervisor, manager or non-employee in violation of PCI’s policies, you should report the incident immediately to the Human Resources Director. b. Special Role of Supervisors. Supervisors have a special role in preventing discrimination, harassment, and retaliation. All managers and supervisors are responsible for:
Implementing the PCI policies on Equal Employment Opportunity and Harassment Prevention; Ensuring that all employees they supervise have knowledge of and understand the policies; Taking and/or assisting in prompt and appropriate corrective action when necessary to ensure compliance with the policies; and
Always acting in a manner consistent with the policies.
A supervisor who observes discrimination, harassment or retaliation in violation of PCI’s policies, or who receives a complaint of misconduct in violation of the policies, should immediately report the matter to the Human Resources Director or PCI’ s President.
c. Confidentiality. Complaints of discrimination, harassment or retaliation in violation of PCI’s policies may be made orally or in writing. Complaints will be treated as confidential to the extent possible, consistent with PCI’s obligation to conduct a thorough and impartial investigation. Because PCI is obligated to investigate complaints, complete confidentiality is not possible and is never promised to any employee. d. Assignment of Investigator. Upon receipt of a complaint, PCI will designate a qualified, impartial person to conduct a fair, timely and thorough investigation. The investigator will report his or her progress to PCI’s President or to another designated officer, who will track the progress of the investigation and ensure its timely completion and closure.
e. Scope of Investigation. The investigator will interview the person making the complaint, the accused person, and any percipient witnesses. The investigator will also review any relevant documents. 2458.100 / 15502430. 1 11
f. Findings and Conclusions; Disciplinary Action. At the conclusion of the investigation, PCI will make a determination of whether a violation of its policies has occurred. If PCI determines that a violation has occurred, it will take prompt and effective action to ensure that no further discrimination, harassment or retaliation occurs.
Any employee or independent contractor determined by PCI to have violated PCI’s policies will be subject to appropriate disciplinary action, up to and including termination. A PCI representative will advise all parties concerned of the results of the investigation.
g. No Retaliation. All complaints of discrimination, harassment and/or retaliation which are reported to management will be investigated promptly and corrective action will be taken whenever warranted. PCI will not retaliate against an employee for making a complaint and will not tolerate or permit retaliation by any manager, supervisor, co-worker, or other person involved in or related to PCI’s business operation. Disciplinary action will be taken against any employee who attempts to discourage or prevent another from using PCI's complaint procedure to report a violation.
h. Periodic Training. PCI regularly provides harassment awareness training, including managerial, supervisory, and employee orientation courses. A copy of PCI’s harassment policy is made available to all new employees. Additional information regarding prevention of harassment is available from the United States Equal Employment Opportunity Commission, www. eeoc.gov, and the California Department of Fair Employment and Housing, www.dfeh.ca.gov.
2.10 TRANSFERS AND CAREER ADVANCEMENT
PCI encourages employees to apply for promotions to positions for which they are qualified. Promotions and transfers are based on the ability, qualifications, performance and potential of the candidates for such positions as determined by PCI. If you are interested in a promotion or transfer, please complete a "Transfer Request" form which may be obtained from your supervisor or manager.
2.11 EMPLOYEE RELATIONS
PCI believes that the working conditions, wages, and benefits it offers to its employees are competitive with those offered by other employers in this area and in this industry. An employee who has concerns about working conditions or compensation is strongly encouraged to voice such concerns openly and directly to his/her supervisor or manager.
2.12 OPEN DOOR POLICY
If you have questions concerning your job or encounter a work-related problem, we encourage you to discuss the matter with us. PCI cannot address your questions or problems unless we know about them.
If you have a problem, please talk to your supervisor or manager as soon as possible. Your supervisor or manager is the person responsible for what goes on in your work area and may be in the best position to help you.
If you prefer not to speak with your supervisor or manager, or if you feel your supervisor or manager cannot or has not addressed your problem, please contact your District Manager to discuss the concern. If you still feel the need to speak to management after discussing your problem with the District Manager, you should contact the Human Resources Director, the Vice President of PCI, the Chief Operating Officer of Transportation Concepts, or the President.
PCI takes employee concerns and problems brought to its attention seriously and you are encouraged to utilize the problem resolution program without fear of retaliation.
2.13 PERSONNEL RECORDS
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PCI maintains a personnel file regarding each employee. Personnel files contain, by way of example, information and documents used to determine employees’ qualifications for employment, promotion, additional compensation, termination, and disciplinary action; applications for employment; employment agreements; acknowledgements of receipt of the employee handbook and key policies; payroll authorization forms; records regarding compensation, bonuses, date of hire, seniority, and other changes of status; notices of commendation, warning, discipline, and termination; notices of layoff, leaves of absence ( that do not contain medical information), and similar matters; wage attachment or garnishment notices; education and training notices and records; performance appraisals or interview evaluation ratings; attendance and absence records; promotion recommendations; production and quality records; records of grievance affecting employment status; job descriptions; and employee benefit information. PCI retains personnel records according to applicable state and federal laws.
To help protect employee privacy rights, the following documents are maintained by the human resources department in separate files: confidential medical information; I-9 forms, including any work authorization or identity documents related thereto; informal supervisors’ performance notes that have not been given to the employee; internal investigations into workplace misconduct, including, but not limited to, interview notes and witness statements; workers’ compensation claims and documents; information and documents related to background checks; drug test results; and medical notes.
Employees may inspect and receive copies of personnel records that PCI maintains relating to the employee’ s own performance or to any grievance concerning the employee. Employees may also receive a copy of any personnel document that that employee has signed.
An employee who wishes to inspect his/her personnel records must submit a written request to Human Resources Director. Upon receipt of a request to review personnel records from an employee or his/her representative, Human Resources will contact the employee and set up an appointment for the employee ( or his/her representative) to review the personnel records, during non-work time, at PCI’s offices, and within 30 days of PCI’s receipt of the written request to inspect, unless the employee, or his/her representative, and PCI agree in writing to a date beyond 30 days.
An employee who wishes to receive a copy of his/her personnel records must also submit a written request to Human Resources Director. Upon receipt of a request for a copy of personnel records from the employee or his/her representative, Human Resources Director will contact the employee and set up an appointment for the employee ( or his/her representative) to receive a copy of his/her personnel records, during non-work time, at PCI’s offices, and within 30 days of PCI’s receipt of the written request to inspect, unless the employee, or his/her representative, and PCI agree in writing to a date beyond 30 days. PCI reserves the right to charge any employee requesting a copy of his/her personnel records the actual cost of reproducing such records.
For purposes of inspecting or receiving a copy of an employee’ s personnel records, a representative is a person authorized in writing by the employee to inspect, or receive a copy of, his/her personnel records. PCI reserves the right to take reasonable steps to verify the identity of employees or their authorized representatives who request to inspect or receive copies of the employee’ s personnel records. PCI further reserves the right to redact the names of any non-supervisory employees contained in personnel records.
An employee’ s right to inspect or receive a copy of his/her personnel and payroll records includes only: (1) payroll information; ( 2) records relating to the employee’ s performance or any grievance concerning the employee; and 3) documents the employee has signed. Further, PCI is required to comply with only one request per year by former employees to inspect or receive a copy of their personnel records. The following types of records are not subject to inspection or copying upon request by an employee or former employee: ( 1) records relating to the investigation of a possible criminal offense; ( 2) letters of reference; and (3) ratings, reports, or records that were obtained prior to the employee’ s employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination.
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PCI will attempt to restrict disclosure of an employee’ s personnel file to authorized individuals within PCI. Any request for information from personnel files must be directed to the Human Resources Director. Only the Human Resources Director is authorized to release information about current or former employees. Disclosure of personnel information to outside sources will be limited. However, PCI will cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required.
In accordance with California law, with the exception of I-9 Employment Eligibility Verification forms, PCI does not provide voluntary consent for immigration enforcement agents to access, review or obtain employment records for any employee without a subpoena or judicial warrant.
PCI will not retaliate, discriminate against, or harass any employee for requesting to inspect or receive a copy of his/her personnel records and it prohibits retaliation, discrimination, and harassment by managers, supervisors, and co-workers. No employee will be subject to, and PCI prohibits, any form of discipline or retaliation for requesting to inspect or receive a copy of his/her personnel records.
2.14 PAYROLL RECORDS
Employees may inspect and receive copies of their payroll records. PCI retains payroll records according to applicable state and federal laws.
An employee who wishes to inspect or receive a copy of his/her payroll records must submit a request to the Human Resources Director. Upon receipt of a request to inspect or receive a copy of payroll records from the employee, the Human Resources will contact the employee and set up an appointment for the employee to review or receive a copy of the payroll records, during non-work time, at PCI’s offices, and within 21 days of the request to inspect, unless the employee and PCI agree in writing to a date beyond 21 days. PCI reserves the right to charge an employee requesting a copy of his/her payroll records for the actual cost of reproducing such records. PCI further reserves the right to take reasonable steps to verify the identity of employees who request to inspect or receive a copy of their payroll records.
PCI will attempt to restrict disclosure of an employee’ s payroll records to authorized individuals within PCI. Any request for information from payroll records must be directed to Human Resources Director. Only the Human Resources Director is authorized to release information about current or former employees. Disclosure of payroll information to outside sources will be limited. However, PCI will cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required.
PCI will not retaliate, discriminate against, or harass any employee for requesting to inspect or receive a copy of his/her payroll records and it prohibits retaliation, discrimination, and harassment by managers, supervisors, and co-workers. No employee will be subject to, and PCI prohibits, any form of discipline or retaliation for requesting to inspect or receive a copy of his/her payroll records.
2.15 SUGGESTION PROGRAM
As a PCI employee, you have the opportunity to contribute to our future success and growth by submitting suggestions for practical work-improvement or cost-savings ideas. All employees are eligible to participate in the suggestion program.
A suggestion is an idea that will benefit PCI by solving a problem, reducing costs, improving operations or procedures, enhancing customer service, eliminating waste or spoilage, or making PCI a better or safer place to work. Statements of problems without accompanying solutions, or recommendations concerning co-workers and management, are not “suggestions” as defined in this policy. 2458.100 / 15502430. 1 14
All suggestions must be submitted on a suggestion form and should contain a description of the problem or condition to be improved, a detailed explanation of the solution or improvement, and the reasons why it should be implemented. If you have questions or need advice about your idea, contact the Human Resources Department for help.
Submit suggestions to the Human Resources Department and, after review, they will be forwarded to the Suggestion Committee. As soon as possible, you will be notified of the adoption or rejection of your suggestion.
Special recognition will be given to employees who submit a suggestion that is implemented.
2.16 ARBITRATION
PCI believes that its competitive success depends on its ability to attract and retain the very best employees. To that end, PCI is committed to the fair and timely resolution of its employee’ s issues and complaints. Ideally there would never be disputes between PCI and its valued employees. Unfortunately, on occasion, disputes do occur.
Sometimes when disputes arise they can lead to court proceedings that are usually very expensive and time consuming for both the employee and PCI.
PCI believes that the arbitration process benefits both employees and PCI. Disputes will be resolved more quickly, at a lower cost for all the participants, and most importantly, resolution will be determined by a neutral and objective expert mutually selected by the employee or former employee and PCI. The agreement to arbitration does not change or limit the complaints an individual may bring – it only requires that the complaints be decided by an arbitrator rather than by a judge or jury.
A copy of the Mutual Agreement to Arbitrate Claims ( the “Arbitration Agreement”) is included with this Handbook.
PCI is in a business involving interstate commerce and the Arbitration Agreement is enforced pursuant to the Federal Arbitration Act, 29 U.S.C. § 2, which preempts any state law that discriminates on its face against arbitration or disfavors enforcement of arbitration agreements. The Arbitration Agreement is a condition of employment with PCI. Prior to signing the Arbitration Agreement, an employee must take the time to read and understand the agreement. Employees will be asked to sign the Arbitration Agreement on their first day of employment or upon implementation of a revised Employee Handbook and/or Arbitration Agreement, whichever occurs earlier. Employees should contact the Human Resources Director with any questions related to the Arbitration Agreement.
Nothing in this Handbook or the Arbitration Agreement restricts an employee from ( 1) filing an unfair labor practice complaint with the National Labor Relations Board (“ NLRB”), or ( 2) participating in an investigation conducted by the NLRB. PCI will not retaliate against an employee for filing an unfair labor practice complaint with or participating in an investigation conducted by the NLRB, and will not tolerate or permit retaliation by any manager, supervisor, co-worker, or other person involved in or related to PCI’s business operation. 2458.100 / 15502430. 1 15
3. WORK CLASSIFICATIONS AND COMPENSATION
3.1 EMPLOYMENT CATEGORIES
Employment classifications established by PCI determine eligibility for certain employee benefits. Such classifications have been established in accordance with state and federal law, where applicable. Nothing herein shall be construed to abrogate PCI’s policy of at-will employment. All employment with PCI is for an unspecified term and is subject to the mutual consent of the employee and PCI. The right to terminate the employment relationship at will, at any time, with or without cause and with or without notice, is retained by both the employee and PCI.
Every employee is designated as either exempt or non-exempt.
Exempt employees are employees who are not eligible for overtime compensation based upon their job duties and salary level. Exempt employees are compensated on a salary basis and are not subject to daily timekeeping requirements. PCI determines whether an employee is exempt based on applicable federal and state laws. Exempt employees are informed of their exempt status at the time of hire or whenever they are reclassified to an exempt position.
Non-exempt employees are those who are paid by the hour. They are entitled to overtime pay in accordance with applicable federal and state overtime laws. Paid time off, including vacation, holidays, and paid sick leave, are not considered hours worked when calculating overtime.
Every PCI employee is further classified as regular part-time, regular full-time or temporary.
Regular part-time employees are those who are not in a temporary status and who are regularly scheduled to work less than 40 hours per week. Regular part-time employees receive all legally mandated benefits ( such as employer- paid social security contributions and workers’ compensation insurance).
Regular part-time employees who are regularly scheduled to work at least 30 hours per week may participate in group medical insurance plans offered by PCI subject to the terms, conditions, and limitation of the applicable plan and the Affordable Care Act. Regular part-time employees are not eligible for most other Company- provided benefits.
Regular full-time employees are those who are not in a temporary status and who are regularly scheduled to work at least 40 hours per week. Regular full-time employees are eligible for PCI’s benefits subject to the terms, conditions, and limitations of each benefit program.
Temporary/Intern employees are those who are hired by PCI for a temporary period to supplement the work force or to assist in the completion of a specific project. Employment beyond any initially stated period does not in any way constitute or imply a change in employment classification. Temporary/ Intern employees retain that status unless and until notified of a change. Temporary/ Intern employees are paid directly by PCI and receive all legally mandated benefits ( such as employer- paid social security contributions, workers’ compensation insurance, and in some cases paid sick leave). Temporary/ Intern employees are not eligible for most other Company- provided benefits.
Employees who are enrolled members of a Collective Bargaining Unit are subject to policies and procedures contained in this Handbook unless an applicable Collective Bargaining Agreement provides otherwise, in which case the terms of the Collective Bargaining Agreement control.
3.2 INTRODUCTORY PERIOD
The Introductory Period is intended to give new employees an opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. PCI uses this period to evaluate employee capabilities, work habits, and overall performance. Either the employee 2458.100 / 15502430. 1 16
or PCI may end the employment relationship at will at any time during or after the Introductory Period, with or without cause and with or without notice.
All new and rehired employees work on an introductory basis for the first sixty ( 60) days after their date of hire.
Any significant absence will automatically extend an Introductory Period by the length of the absence. Upon satisfactory completion of the Introductory Period, employees enter the "regular" employment status.
During the Introductory Period, new employees are eligible for those benefits that are required by law, such as workers' compensation insurance, social security contributions and paid sick leave ( after completion of 30 days of employment). After becoming regular employees, they may become eligible for other PCI-provided benefits, subject to the terms and conditions of each benefits program. Employees should read the description for each specific benefits program for details on eligibility requirements.
An employee who completes the Introductory Period and becomes a regular employee is not guaranteed continued employment. Employment with PCI is at-will and may be terminated by the employee or PCI at any time, with or without cause and with or without notice.
3.3 REST PERIODS
PCI provides all employees with the opportunity to take a net 10-minute, paid rest period for every four hours worked ( or major fraction thereof), which must be taken in one consecutive 10-minute block and, so far as practicable, in the middle of each work period. PCI considers anything more than two hours to be a “ major fraction” of four. PCI generally will not authorize a rest period for an employee whose total daily work time is less than three and one-half hours.
The following chart summarizes the number of net 10-minute rest periods that each employee is provided based on the number of hours worked.
Hours of Work Number of 10-Minute Rest Periods
Provided
0 up to 3.4 (less than 3.5) 0
3.5 up to 6.0 1
More than 6.0 up to 10.0 2
More than 10.0 up to 14.0 3
More than 14.0 up to 18.0 4
Employees are expected to schedule their rest periods at their own discretion under these guidelines unless instructed otherwise by a supervisor. Rest periods may not be combined with meal periods. Rest periods are counted as hours worked. For this reason, non-exempt employees do not clock in or out for their rest periods.
Rest periods may not be waived or accumulated for any purpose.
Employees are relieved of all job duties during their rest periods. Except in a case of extreme emergency, no manager or supervisor may instruct an employee to forego a rest period or approve an employee' s request to forego a rest period. Employees should immediately report a manager’ s or supervisor’ s instruction to forego a rest period to the District Manager or Human Resources Director. Any employee who is required to work during or through a rest period will be compensated for the time worked and will receive an additional hour of pay for each day that he/she does not receive a required rest period.
Employees may be required to sign a certification providing, among other things, that PCI provided and the employee took all required rest periods during a pay period or listing the days the employee was not provided or was unable to take a rest period and the reason for such occurrence.
PCI will not retaliate or discriminate against any employee for making a complaint regarding rest periods and it prohibits retaliation and discrimination by managers, supervisors, and co-workers. No employee will be subject 2458.100 / 15502430. 1 17
to, and PCI prohibits, any form of discipline or retaliation for reporting perceived violations of this policy, pursuing any such claim, or cooperating in any way in the investigation of such claims.
3.4 MEAL PERIODS
Non-exempt employees who work more than five hours in a workday are required to take at least one uninterrupted, net 30-minute, unpaid meal period, which must begin before the end of the fifth hour of work.
Employees who work more than 10 hours in a workday are required to take a second uninterrupted, net 30- minute, unpaid meal period unless they elect to waive the second meal period by mutual consent of PCI and the employee as provided below. If an employee is eligible for a second meal period, it must begin before the end of the tenth hour of work.
Employees are completely relieved of all job responsibilities during their meal periods. For this reason, nonexempt employees must clock out for their meal periods, or record the actual beginning and ending times of their meal periods on their timesheets every day.
The length of a meal period may not be rounded up or down, and meal periods must not be less than 30 minutes in duration. Meal periods may not be combined with rest periods.
The following chart clarifies how many hours an employee has worked and, correspondingly, when the employee must begin his/her uninterrupted, 30-minute, unpaid meal period( s) using as an example an employee whose workday begins at 8:00 a.m.
Time Worked Hours Worked
8:00 a.m. to 8:59 a.m. 1st Hour
9:00 a.m. to 9:59 a.m. 2nd Hour
10:00 a.m. to 10:59 a.m. 3rd Hour
11:00 a.m. to 11:59 a.m. 4th Hour
12:00 p.m. to 12:59 p.m. 5th Hour (first meal period must begin before the end of the fifth hour, i.e., by no later than 12:59 p.m. in this example) 1:00 p.m. to 1:59 p.m. 6th Hour
2:00 p.m. to 2:59 p.m. 7th Hour
3:00 p.m. to 3:59 p.m. 8th Hour
4:00 p.m. to 4:59 p.m. 9th Hour
5:00 p.m. to 5:59 p.m. 10th Hour ( second meal period must begin before the end of the tenth hour, i.e., by no later than 5:59 p.m. in this example) 6:00 p.m. to 6:59 p.m. 11th Hour
An employee may waive his/her meal period only under the following circumstances:
If an employee will complete his/her workday in six hours or less, the employee may waive his/her meal period by mutual consent of both PCI and the employee. Employees may not waive their first meal period for any workday in which they work more than six hours.
An employee who works more than 10 hours in a workday may waive his/her second meal period only if all of the following conditions are satisfied: ( 1) the employee has taken his/her first meal period; (2) the employee does not work more than 12 hours in the workday; and (3) both PCI and the employee mutually consent to waive the second meal period.
Whenever an employee elects to waive a meal period, he/she must submit a written request and receive prior written authorization from the Director of Human Resources. Employees may not waive any meal period in any circumstances other than those circumstances described in this Meal Period policy. An employee may not waive a meal period to shorten his/her workday or to accumulate meal periods for any other purpose. 2458.100 / 15502430. 1 18
Employees are relieved of all job duties during their meal periods. Except in a case of extreme emergency, no manager or supervisor may instruct an employee to forego a meal period or approve an employee’ s request to forego a meal period. Employees should immediately report a manager’ s or supervisor’ s instruction to skip a meal period to the District Manager or Human Resources Director. Any employee who is required to work during or through a meal period will be compensated for the time worked and will receive an additional hour of pay for each day that he/she does not receive a required meal period.
Employees may be required to sign a certification providing, among other things, that PCI provided and the employee took all required meal periods during a payroll period or listing the days the employee was unable to take a meal period and the reason for such occurrence.
PCI will not retaliate or discriminate against any employee for making a complaint regarding meal periods and it prohibits retaliation and discrimination by managers, supervisors, and co-workers. No employee will be subject to, and PCI prohibits, any form of discipline or retaliation for reporting perceived violations of this policy, pursuing any such claim, or cooperating in any way in the investigation of such claims.
3.5 RECOVERY PERIODS
PCI allows and encourages all employees who work outdoors to take a preventative cool- down rest period in the shade for a period of no less than five minutes when the employee feels the need to do so for protection from overheating. An employee’ s access to shade is permitted at all times. Whenever an employee takes a preventative cool-down rest break, the employee’ s supervisor will: (1) monitor the employee and ask if he/she is experiencing symptoms of heat illness; ( 2) encourage the employee to remain in the shade; and (3) allow the an employee continue his/her recovery period for no less than five minutes in addition to the time needed to access the shade. A supervisor will not, under any circumstances, order an employee back to work until all signs and symptoms of heat illness have abated.
Shade” means blockage of direct sunlight. Shade is sufficient when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with air conditioning. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions and that does not deter or discourage access or use.
If an employee exhibits signs or reports symptoms of heat illness while taking a cool-down rest break or during a preventative cool-down rest period, the employee’ s supervisor will provide appropriate first aid or emergency response. Signs and symptoms of heat illness may include, but are not limited to, altered coordination and speech, mental confusion, unusual behavior, nausea, vomiting, hot dry skin, unusually profuse sweating, seizures, decreased level or loss of consciousness, staggering, disorientation, irrational behavior, or convulsions.
PCI encourages its employees to frequently drink water and provides employees access to fresh, pure, and suitably cool drinking water, free of charge. Supervisors locate water as close as practicable to the areas where employees are working, and ensure there is a sufficient quantity of water at the beginning of the work shift to provide one quart per employee per hour for drinking for the entire shift. Supervisors may begin a shift with smaller quantities of water if they have effective procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour.
Employees may be required to sign a certification providing among other things that they have taken all qualifying Recovery Periods requested during a pay period or listing the days they were unable to take a Recovery Period requested and the reason for such occurrence. A non-exempt employee who is denied a Recovery Period required by law will be compensated for the time worked and will receive an additional hour of supplemental pay. 2458.100 / 15502430. 1 19
3.6 LACTATION BREAKS
PCI will provide a reasonable amount of break time to accommodate a female employee’ s need to express breast milk for the employee’ s infant child each time the employee has need to express milk. The break time should, if possible, be taken concurrently with other break periods already provided. Non-exempt employees should clock out for any time taken that does not run concurrently with normal rest periods. Generally, time taken to accommodate an employee’ s need to express breast milk for the employee’ s infant child that does not run concurrently with normal rest periods will be unpaid.
PCI will provide the use of a room or other location for the employee to express milk in private. The lactation room or location will not be a bathroom and will be in close proximity to the employee’ s work area, shielded from view, free from intrusion while the employee is expressing milk, safe, clean, free of hazardous materials ( as that term is defined in Labor Code section 6382), contain a surface to place a breast pump and personal items, contain a place to sit, and 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. Additionally, PCI will provide access to a sink with running water and a refrigerator suitable for storing milk in close proximity to the employee’ s workspace. If a refrigerator cannot be provided, an employer may provide another cooling device suitable for storing milk, such as an employer- provided cooler.
Where a multi-purpose room is used for lactation, among other uses, use of the room for lactation shall take precedence over the other uses, but only for the time it is in use for lactation purposes.
Given the nature of PCI’s work, there may be situations in which the room used for lactation will be a space shared among multiple companies within a building or worksite.
Generally, PCI will provide a permanent location for lactation. However, when a permanent location cannot be provided due to operational, financial, or space limitations, PCI will provide a lactation location, other than a bathroom, that is in close proximity to the employee’ s work area, shielded from view, free from intrusion while the employee is expressing milk, and otherwise complies with this policy and applicable law.
Employees have the right to request a lactation accommodation. An employee requiring a lactation break should notify her immediate supervisor or the Human Resources Director. PCI has an obligation to and will respond to any such request. Although unlikely, if PCI cannot provide break time or a location that complies with this policy, PCI will provide the requesting employee with a written response indicating such inability.
Employees have a right to file a complaint with the Labor Commissioner for any violation of any rights they have under Chapter 3.8 (sections 1030 through 1034 as of January 1, 2020) of Part 3 of Division 2 of the California Labor Code. PCI will not retaliate or discriminate against any employee for making a complaint regarding lactation breaks and it prohibits retaliation and discrimination by managers, supervisors, and co-workers. No employee will be subject to, and PCI prohibits, any form of discipline or retaliation for reporting perceived violations of this policy, pursuing any such claim, or cooperating in any way in the investigation of such claims.
3.7 WORK SCHEDULES
PCI’s standard workweek runs seven consecutive days beginning at 12:00 a.m. ( midnight) on Monday and ending at 11:59 p.m. on the following Sunday. A workday is the 24-hour period beginning at 12:00 a.m. each calendar day. Work schedules for individual employees are generally established within this framework.
Work hours may vary at each PCI facility. Your department’ s needs will determine your daily schedule and your supervisor or manager will discuss any schedule changes with you. Staffing needs and operational demands may necessitate variances in starting and ending times, as well as variances in the total hours that may be scheduled each day and week.
PCI reserves the right to alter the workweek, workday and work schedule of any employee upon reasonable notice to an employee. Due to the changing needs of our customers, your actual work schedule may vary from 2458.100 / 15502430. 1 20
time-to-time. If this happens, you will be notified by your supervisor or manager, or the Human Resources Director.
3.8 PAY PERIODS AND PAY DAYS
PCI pays employees twice during each calendar month, with the first pay period beginning on the 1st of the month and ending on the 15th of the month ( the “first pay period”), and the second pay period beginning on the 16th of the month and ending on the last calendar day of the month ( the “ second pay period”). PCI issues pay checks on the 7th of each calendar month for work performed during the second pay period, and on the 22nd of each calendar month for work performed during the first pay period. When a payday falls on a weekend or holiday, pay checks are issued on the last business day immediately preceding the regular payday.
3.9 TIME-KEEPING SYSTEM
Accurately recording of time worked is the responsibility of every non-exempt employee. Federal and state laws require PCI to keep accurate time records in order to calculate employee wages and benefits. Time worked is all the time actually spent on the job performing assigned duties. Employees are strictly prohibited from working “off the clock” under any circumstances.
PCI uses the Paycom Time and Attendance System to accurately record hours worked by its non-exempt employees. Such employees are required to use Paycom to record regular and overtime hours worked, including clocking in at the beginning of a shift, clocking out at the end of a shift, clocking in and out for their 30-minute minimum) meal periods, and clocking in and out for any other reason.
Time records for non-exempt employees must never be falsified by the employee, his/her supervisor or any other personnel. An employee who makes a mistake when clocking in or out using the Paycom system, must immediately notify his/her supervisor who will make the necessary correction. Both the employee and the supervisor must verify any corrections made to the employee’ s time record.
At the end of each pay period, non-exempt employees are required to verify and confirm: ( 1) the accuracy of their time records, including the total number of regular hours worked, the total number of overtime hours worked, clocking in times at the beginning of each shift, clocking out times at the end of each shift, and clocking in and out times for each 30-minute ( minimum) meal period; ( 2) that PCI provided and the employee took all required meal periods during a payroll period or listing the days the employee was unable to take a meal period and the reason for such occurrence; and ( 3) that PCI provided and the employee took all required rest breaks and recovery periods during a payroll period or listing the days the employee was unable to take a rest break and the reason for such occurrence.
Employees must record their own time at the start and end of each work period, including before and after meal periods. The information must be recorded accurately and contemporaneously via the Paycom system. A nonexempt employee’ s failure to record time accurately may result in disciplinary action, up to and including termination of employment.
It is strictly prohibited for an employee to record the time of another employee. It is also strictly prohibited for an employee to share password information that would permit or enable another employee to access the employee’ s Paycom account. Altering or falsifying time records, or recording time on another employee’ s Paycom account, may result in disciplinary action, up to and including termination of employment.
The Paycom App is a software application that either comes pre-installed on Company- issued electronic devices.
PCI trains each employee on how to properly use the Paycom App.
When an employee uses the Paycom App to clock in or clock out, the Paycom App contemporaneously captures the employee’ s location using the smart device’ s GPS functionality. PCI reserves the right to, and will, access all such geographic location information and employees have no expectation of privacy with respect to such 2458.100 / 15502430. 1 21
information. PCI will not monitor, nor will it receive or have access to information regarding, employees’ geographic location through the Paycom App other than on those occasions when employees use the Paycom App to clock in and clock out. The geographic location information collected by the Paycom App will reveal no details about employees other than their geographic location at the time they use the application to clock in and/or clock out. Access to such geographic location information will be limited to PCI management, employees whose job responsibilities include human resources and payroll responsibilities, and any non-exempt employee’ s supervisor( s). Disabling the GPS functionality on a smart phone device or the Paycom App to interfere with the geolocation feature of the Paycom App may result in disciplinary action, up to and including termination of employment.
ALL EMPLOYEES ARE NOTIFIED THAT THE PAYCOM APP WILL TRANSMIT TO PCI INFORMATION REGARDING AN EMPLOYEE’ S GEOGRAPHIC LOCATION FOR EACH OCCASION ON WHICH THE EMPLOYEE CLOCKS IN OR CLOCKS OUT USING THE PAYCOM APP.
An employee who experiences a malfunction of the Paycom App, should notify his/her supervisor immediately so that PCI can contact a Paycom representative to timely correct the malfunction. In addition, the employee should report his/her clock-in and clock-out times directly to his/her supervisor, who will enter the employee’ s time in the Paycom system on the employee’ s behalf.
3.10 OVERTIME
When operating requirements or other needs cannot be met during regular working hours, non-exempt employees may be scheduled to work overtime hours. Whenever possible, advance notification of these mandatory assignments will be provided.
Overtime compensation is paid to all non-exempt employees in accordance with federal and state wage and hour laws. Employees who qualify as administrative, executive, or professional employees within the meaning of the state and federal wage and hour laws are exempt from overtime pay and are not subject to this policy.
Overtime pay is calculated based on actual hours worked. Time off for vacation, paid sick leave, holidays, or any leave of absence will not be considered hours worked for purposes of overtime pay calculations.
All overtime worked by a non-exempt employee must be approved in advance by a supervisor or manager.
Because unauthorized overtime is against PCI policy, employees who work unauthorized overtime are subject to disciplinary action.
a. Time worked. Non-exempt employees are required to record all time worked, including time worked beyond the employee’ s normal schedule, using the Paycom system. b. Off-the-Clock Work Prohibited. Non-exempt employees must accurately record their time worked and may NOT work “ off the clock.” Any non-exempt employee who fails to records his/her actual time worked, and any manager or supervisor who requests or orders a non-exempt employee to work off the clock and without accurately recording his/her time worked, will be subject to disciplinary action, up to and including termination of employment.
c. Overtime. Overtime pay premiums are calculated in accordance with applicable state and federal law.
For California employees, overtime pay is calculated at one and one-half times the employee' s regular rate for all hours over eight hours in a workday, over forty hours in a workweek, or the first eight hours on the seventh consecutive day of work in a workweek. Overtime hours worked in excess of twelve hours in a workday and all hours worked in excess of eight on the seventh consecutive day of work in a workweek are paid at double-time. d. Qualifying Hours Worked. Overtime is calculated based on the non-exempt employee' s total hours worked in a workday and a workweek. Hours paid for time not worked, e.g., holidays, paid sick leave, and vacation, do not count as hours worked for overtime purposes. 2458.100 / 15502430. 1 22
e. Holidays Worked. Non-exempt employees who work on a Company- recognized holiday will be paid for hours actually worked on the holiday, plus regular holiday pay for the day.
Failure to work scheduled overtime or overtime worked without prior authorization from a supervisor or manager may result in disciplinary action, up to and including termination of employment. Please contact the Human Resources Department with any questions.
3.11 EXEMPT EMPLOYEES
Exempt employees are paid on a salary basis and are not entitled to overtime pay. Being paid on a “salary basis” means that the employee receives a predetermined amount of compensation for each workweek, which amount is not reduced because of variations in the quality or quantity of work. Subject to the exceptions listed below, an exempt employee will receive his/her full salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked. Exempt employees are not paid for any workweek in which they perform no work, unless appropriate sick leave or accrued vacation is utilized.
Deductions from an exempt employee’ s regular salary are permissible only under the following circumstances:
When an exempt employee is absent from work for one or more full days for personal reasons, other than sickness or disability, and the employee does not have accrued vacation time to cover the absence;
When an exempt employee is absent from work for one or more full days due to illness and the employee has exhausted all of his/her available paid sick leave and does not have accrued vacation time to cover the absence; or
To account for amounts received by an employee as jury or witness fees.
In addition, PCI is not required to pay an employee’ s full salary in the initial or final week of employment. During those weeks, PCI will pay a pro-rated amount based upon the number of days worked during such workweeks.
PCI complies with the “ salary basis” requirement for overtime exemption under federal and state law, and managers preparing paychecks are prohibited from making any improper deductions from the salaries of exempt employees. If you believe that an improper deduction has been made from your salary, you should immediately report this information to the Human Resources Director.
3.12 DIRECT DEPOSIT
Although not required, employees may have their paychecks directly deposited into their bank accounts by providing advance written authorization the Human Resources Director. When an employee chooses to use direct deposit, his/her wages are deposited into the employee’ s account at a financial institution of the employee’ s choosing. Direct deposit is limited to one account per employee. Wages are not discounted in any amount when an employee elects direct deposit. Employees electing direct deposit receive an itemized statement of wages whenever PCI makes a direct deposit.
Employees may begin or stop using direct deposit at any time. To begin direct deposit, an employee must complete a form ( available from the employee’ s supervisor) and return it to the Human Resources at least 10 business days prior to the pay period that the service is to begin. Employees should monitor their payroll deposits for the first two pay periods after direct deposit service begins to verify that timely and accurate payments have been made into the account at the financial institution chosen by the employee. Any discrepancies should be reported immediately to the Human Resources Director.
An employee may stop direct deposit at any time by completing a form (available from the employee’ s supervisor) and returning it to the Human Resources Department at least 10 business days prior to the pay period that direct deposit service is to end. An employee cancelling direct deposit will receive a regular payroll check on the first pay period after PCI receives the direct deposit cancellation form from the employee, provided it was received 2458.100 / 15502430. 1 23
at least 10 business days prior to the end of the pay period. An employee should never close a receiving bank account until the employee verifies with the Human Resources Director that the cancelation of direct deposit has taken effect in PCI’s payroll system.
3.13 PAY ADVANCES
PCI does not provide pay advances on unearned wages.
3.14 ADMINISTRATIVE PAY CORRECTIONS
PCI takes all reasonable steps to ensure that employees receive the correct amount of pay in each paycheck and that employees are paid promptly on the scheduled payday. In the unlikely event there is an error in the amount of pay provided, an employee should promptly bring the discrepancy to the attention of his/her supervisor or manager and the Human Resources Department so that a correction can be made as quickly as possible.
3.15 PERSONNEL DATA CHANGES
It is the responsibility of each employee to promptly notify PCI of any changes in personnel data. Personal mailing addresses, telephone numbers, number and names of dependents, emergency contacts, educational accomplishments, and other such information should remain accurate and current at all times. If any personnel data has changed, please notify the Human Resources Director.
3.16 PAYROLL DEDUCTIONS
PCI is required by law to make payroll deductions for federal and state income tax withholding, Social Security tax withholding, Medicare and State Disability Insurance. Amounts deducted, including those described below, are passed on to federal and state agencies, such as the Internal Revenue Service, the Franchise Tax Board, and the Employment Development Department. The applicable rates of such deductions are subject to change as mandated by federal and state agencies.
a. Federal and State Income Taxes ( FWT/SWT). Deductions are withheld from each employee’ s gross wages every payroll period in accordance with the federal and state Tax Schedules. The amounts withheld are based on an employee’ s gross wages, marital status, and the number of allowances claimed on the employee’ s W-4 form. Employees may use a DE-4 form to designate the number of State allowances claimed; otherwise the number designated on the employee’ s W-4 form will be used to calculate State deductions. An employee may change the number of allowances on his/her W-4 form or request a DE-4 form at any time from the Payroll Department.
b. Social Security ( FICA). A percentage of your gross wages is withheld every payroll period, up to a maximum amount, and contributed to your Social Security Account. In addition to the amount withheld from your wages, PCI contributes an equal amount to your account. The Social Security Administration revises the maximum contribution periodically.
c. State Disability Insurance and Paid Family Leave. A percentage of your gross wages is withheld every payroll period up to a maximum amount, and remitted to the State for State Disability Insurance ( SDI) and Paid Family Leave ( PFL). SDI provides short-term benefits to eligible workers who experience loss of wages when they are unable to work due to a non-work-related illness or injury, or disability related to pregnancy, childbirth or related medical conditions. PFL provides benefits to individuals who experience loss of wages when they must take time off to care for a seriously ill child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner. PFL benefits are also available to new parents who need time to bond with a new child entering their life through birth, adoption, or foster care placement. 2458.100 / 15502430. 1 24
d. Medicare Taxes. The Medicare tax rate is set by the federal government and both the employee and the employer pay a matching amount. There is no wage base for the Medicare portion of the FICA tax. Both the employer and the employee continue to pay Medicare taxes, no matter how much is earned. e. Miscellaneous Deductions. Other deductions may be taken from your paycheck upon your written authorization for insurance contributions, dependent insurance, and union dues (if applicable).
3.17 GARNISHMENT OF WAGES
Under normal circumstances, PCI will not assist creditors in the collection of personal debts from employees.
However, creditors may resort to certain legal procedures, such as garnishments or wage withholding orders, which require PCI to withhold part of an employee’ s earnings.
Earnings withholding orders, also called “ garnishments,” require considerable paperwork and expense for PCI.
Although PCI understands that a wage garnishment can happen to anyone, PCI strongly encourages employees to work out financial problems before this situation occurs.
PCI is required by law to withhold the required amounts of earnings subject to an earnings withholding order, make a return to the levying officer, and pay the funds withheld. Earnings subject to earnings withholding orders include wages, salary, commissions, bonuses, sick pay, vacation pay, and any other compensation payable by PCI to an employee. PCI will not defer or accelerate payment of an employee’ s earnings to defeat or diminish a judgment creditor’ s rights.
PCI will provide an employee subject to an earnings withholding order with a copy of the order and any form instructions or notices to the employee that are served with the earnings withholding order.
PCI may deduct from employees’ wages the sum of $ 1.50 for each payment made in accordance with an earnings withholding order to offset the administrative cost of complying with the order. Repeated wage garnishments for two or more separate judgments may result in disciplinary action, up to and including termination of employment.
3.18 TIPS AND TAXES
Whenever an employee receives $ 20.00 or more in tips in any one month, the employee must report all tips to the employer. Employees are required to report ALL tips (regardless of amount received) as taxable income on their tax returns. Federal law states that an employee who fails to report tipped income becomes liable for the taxes due, penalties and interest.
3.19 REIMBURSEMENT OF EXPENSES AND MILEAGE
PCI promptly reimburses employees for reasonable business expenses following the employee’ s submission of an expense report. All expense reports must include a description of the particular expense for which reimbursement is sought, copies of any receipts, the date on which the expense was incurred, and a description of the business purpose for the expense.
Employees who are required to use their personal vehicles in the course and scope of their employment ( i.e., for travel other than their normal commute) are reimbursed for actual mileage at the IRS rate.
Employees who are required to use a cellular telephone to carry out their job duties will receive a Companyprovided phone. Employees are not permitted to use personal cellular telephones to conduct PCI business. 2458.100 / 15502430. 1 25
4. BENEFITS
4.1 OVERVIEW OF EMPLOYEE BENEFITS
The following provisions of the Handbook describe the fringe benefits currently offered to qualifying PCI employees. Employees who are enrolled members of a Collective Bargaining Unit are subject to policies and procedures contained in this Handbook unless an applicable Collective Bargaining Agreement provides otherwise, in which case the terms of the Collective Bargaining Agreement control.
4.2 VACATION
PCI recognizes the value of uninterrupted periods of rest and relaxation and encourages all employees to use all accrued vacation benefits. Our vacation program is based upon an employee’ s continuous service. Vacation benefits do not begin to accrue until after a regular employee has completed his/her 60-day Introductory Period.
Although regular employees begin to accrue vacation after completing the Introductory Period, employees are not eligible to take vacation until they have completed six (6) months of continuous service with PCI.
After completing the Introductory Period, regular full-time employees earn vacation time in accordance with the following schedule:
Months of
Continuous
Service to PCI
Vacation Time Accrual
Rate per Month
Vacation Time
Accrual Rate per
Year
Maximum
Accrual Cap
0 to 2 months
3 to 48 months
0 days ( 0 hours)
417 days (3.333 hours)
0 days ( 0 hours)
5 days (40 hours)
Not Applicable
10 days (80 hours)
49 to 120 months . 833 days ( 6.667 hours) 10 days ( 80 hours) 20 days ( 160 hours) More than 120 months 1.25 days ( 10 hours) 15 days ( 120 hours) 30 days ( 240 hours) After completing the Introductory Period, regular part-time employees earn vacation time on a prorated basis based upon the ratio of the employee’ s regularly scheduled weekly hours and 40 hours. A part-time employee’ s maximum accrual cap is also proportionately lower.
By way of example:
After completing his/her Introductory Period, a full-time employee earns .417 vacation days (3.333 vacation hours) per month, which accumulates to 5 vacation days ( 40 vacation hours) per year.
The employee would continue to accrue vacation at that rate until he/she reaches the Maximum Accrual Cap of 10 vacation days (80 vacation hours).
After completing his/her Introductory Period, a part-time employee regularly scheduled to work 20 hour per week earns . 209 vacation days (1.667 vacation hours) per month, which accumulates to
2.5 vacation days (20 vacation hours) per year. The employee would continue to accrue vacation at that rate until he/she reaches a proportionate Maximum Accrual Cap of 5 vacation days ( 40 vacation hours).
Temporary Employees and Interns do not earn or accrue paid vacation time. Employees who are on a leave of absence do not earn or accrue paid vacation time.
PCI encourages employees to take vacations annually. An employee who reaches his/her Maximum Accrual Cap will not accrue any additional vacation until he/she takes time off and draws down his/her accrual bank. For example, if an employee who has accrued a maximum of 20 days takes 4 days off, he/she may only accrue an additional 4 days, bringing him/her back to the maximum. At that point, no further vacation time will accrue unless and until vacation is taken. At the end of the calendar year, an employee’ s accrued but unused vacation will be carried over into the following year.
2458.100 / 15502430. 1 26
Employees may not take vacation before it is earned, i.e., on credit.
Except in an emergency situation, an employee must submit a written request to use accrued vacation time at least four weeks in advance of the requested time off. Every effort will be made to grant an employee his/her vacation preference, consistent with the efficient operation of our business. When PCI cannot grant a vacation preference because of the needs of the business, a mutually agreeable alternate date will be scheduled.
Employees are paid all accrued, but unused vacation upon termination of employment.
4.3 HOLIDAYS
Regular employees who have completed their Introductory Period are entitled to the following paid holidays:
New Year’s Day
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
To be eligible for holiday pay, a non-exempt employee must work his/her regularly scheduled work day before and after the holiday and work the holiday, if required. The only exception is when the holiday is at the end or the beginning of a scheduled vacation. Full-time and part-time regular employees receive their regular compensation for a paid holiday, i.e., regular full time employees receive up to eight hours of compensation at their regular rate and regular part-time employees receive compensation at their regular rate for the hours they were otherwise scheduled to work on the holiday. Holidays that fall on a Saturday will be observed the previous Friday; and holidays that fall on a Sunday will be observed the following Monday.
When a non-exempt employee is required to work on a paid holiday, the employee will receive pay for hours actually worked in addition to holiday pay.
Temporary employees, Interns, and employees on leave of absence or layoff are not eligible for holiday pay.
4.4 PAID SICK LEAVE
PCI provides employees with paid sick leave in accordance with the California Healthy Families Heathy Workplaces Act of 2014, as follows:
a. Eligible Employees. PCI provides paid sick leave to all employees who have completed at least 30 days of employment.
b. Calendar Year Allotment. Paid sick leave is provided on a calendar year basis. In each calendar year, employees who have been employed for at least 30 days by January 1st will receive forty (40) hours of paid sick leave as of January 1st for use during the remainder of the calendar year. Employees who have not been employed for at least 30 days by January 1st will receive forty (40) hours of paid sick leave after completion of 30 days of employment for use during the remainder of the calendar year. New employees may begin using available paid sick leave after completing 90 days of employment. c. Sick Leave Benefit. An employee taking available paid sick leave will be compensated at the same wage rate as the employee normally earns during the work hours missed on the day of his/her absence. Although paid sick leave may be taken for partial days of absence, it must be taken in increments of not less than two (2) hours.
d. Proper Use. Paid sick leave may be used for ( a) diagnosis, care, or treatment of an existing health condition of, or preventive care ( including annual physicals and flu shots) for, an employee or an employee’ s family member”; and ( b) for an employee who is a victim of domestic violence, sexual assault, or stalking, for 2458.100 / 15502430. 1 27
taking time off (1) to obtain or attempt to obtain relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the employee or their child, ( 2) to seek medical attention for injuries caused by crime or abuse, ( 3) to obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse, ( 4) to obtain psychological counseling or mental health services related to an experience of crime or abuse, or ( 5) to participate in safety planning and to take other actions to increase safety from future crime or abuse, including temporary or permanent relocation. A “family member” includes a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of age or dependency status; a biological, adoptive or foster parent, stepparent, or legal guardian of the employee or the employee’ s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; spouse or registered domestic partner; grandparent; grandchild; sibling; or designated person identified by the employee at the time the employee requests paid sick leave. PCI limits employees to one designated person per 12-month period for paid sick leave. e. Improper Use. Paid sick leave may not be used to augment vacation or as a “personal day.” Misuse of paid sick leave will result in disciplinary action, up to and including termination of employment. f. Paystubs. Available paid sick leave is set forth on each employee’ s paystub after the employee has completed 30 days of employment. If you disagree with the amount of available paid sick leave listed on your paystub, you should contact the Human Resources Department for clarification. g. No Carry-Over. Paid sick leave does not accrue, cannot be carried over from one calendar year to the next, and is not paid out upon termination of employment. Unused paid sick leave automatically expires on December 31 of each calendar year.
h. Notification of Absence. An employee who is unable to report to work for any reason, including illness, must call his/her supervisor or manager at least two hours prior to his/her scheduled start time and speak directly with his/her supervisor or manager. If calling in two hours in advance is not possible, the employee must call in as soon as practicable, and provide his/her supervisor with an honest reason or explanation for the absence. An eligible employee who is absent for a reason that qualifies for paid sick leave will be credited with paid sick leave benefits on his/her timecard.
i. Additional Time Off Following Exhaustion of Paid Sick Leave. When a non-exempt employee is absent from work due to illness following exhaustion of paid sick leave benefits, the work time missed is unpaid.
When an exempt employee is absent for a full workday after exhaustion of paid sick leave benefits, and performs no work during the workday, PCI may deduct compensation for the workday from the exempt employee’ s normal weekly salary. PCI reserves the right to request medical verification when an employee’ s absences due to illness exceed the number of paid sick days provided for the year.
4.5 MEDICAL INSURANCE COVERAGE
a. Employee Coverage. PCI employees may participate in a variety of insurance programs. Employees who regularly work 30 hours or more per week become eligible for medical insurance coverage on the first of the month following completion of the 60-day Introductory Period. Employees wishing to be covered under the PCI medical plan(s) must complete enrollment forms within 31 days after eligibility. If coverage is not elected within 31 days after becoming eligible, the next opportunity to enroll is during the annual open enrollment held each December.
b. Dependent Coverage. An eligible employee may also provide similar coverage for his/her spouse and eligible dependents, at the employee’ s expense, through payroll deductions. Additional information regarding family medical insurance plan( s) offered and the monthly cost to insure an employee’ s spouse and eligible dependents is available from the Human Resources Director. 2458.100 / 15502430. 1 28
c. Registered Domestic Partner Coverage. Eligible employees may enroll their registered domestic partner and the eligible dependent children of their registered domestic partner, at the employee’ s expense, through payroll deductions. Additional information regarding family medical insurance plan(s) offered and the monthly cost to insure an employee’ s registered domestic partner and eligible dependents is available from the Human Resources Director. Employees are required to notify management if the registered domestic partnership no longer meets all of the qualifying criteria.
d. How to Enroll. The Human Resources Department will provide an employee with an enrollment packet the month prior to his/her eligibility. The employee must complete the appropriate forms before his/her coverage goes into effect. Details regarding enrollment, payroll deductions, coverage and termination of coverage of employees and dependents are described in the group insurance pamphlet. e. Continuation Coverage. Under the Consolidated Omnibus Budget Reconciliation Act ( COBRA), employees and/or their eligible dependents who experience a qualifying event may continue to receive group medical insurance coverage, at their own expense, after the date coverage would normally end. A COBRA enrollment/ coverage notice will be mailed to the employee upon termination of employment or other qualifying event. The notice provides information on enrollment in the COBRA program. Please contact the Human Resources Department for additional information on COBRA. f. Changes in Coverage and Eligibility. PCI reserves the right to change and/or modify any and all benefits including cost, coverage, benefits and PCI's contribution to the benefit plan(s). If you have questions concerning a Company- provided benefit, please contact the Human Resources Director.
4.6 WORKERS' COMPENSATION INSURANCE
PCI provides workers' compensation insurance at no cost to its employees. This program covers industrial injuries or illnesses sustained in the course of employment that require medical, surgical, or hospital treatment.
Subject to applicable legal requirements, workers' compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately.
An employee who sustains a work-related injury or illness must inform his/her supervisor or manager immediately. No matter how minor an on-the-job injury may appear, it is important that it be reported immediately.
This will enable an eligible employee to qualify for coverage as quickly as possible.
Neither PCI nor its workers’ compensation insurance carrier will be liable for the payment of workers' compensation benefits for injuries that occur during an employee' s voluntary participation in any off-duty recreational, social, or athletic activities sponsored by PCI. Participation in such activities is completely voluntary.
4.7 LITERACY ASSISTANCE
PCI attempts to reasonably accommodate and assist employees who reveal a problem with illiteracy. When an employee reveals such a problem and requests PCI’s assistance in enrolling in an adult literacy education program, PCI will attempt to assist the employee if the accommodation requested would not result in an undue hardship. The type of assistance available from PCI may include, for example, providing the employee with the locations of local literacy education programs or arranging the employee’ s work schedule to allow attendance at a program. PCI does not, however, provide paid time off for participation in an adult literacy education program. 2458.100 / 15502430. 1 29
5. CIVIC RESPONSIBILITY
5.1 JURY DUTY
PCI encourages employees to fulfill their civic responsibilities by serving jury duty when required. An employee summoned for jury duty must show the jury summons to the employee’ s supervisor as soon as possible after it is received so that arrangements can be made to accommodate the employee’ s absence. Either PCI or the employee may request that the employee be excused from jury service if, in PCI’s judgment, the employee’ s absence would create serious operational difficulties.
For non-exempt employees, time off for jury duty is not compensated. If desired, employees may use any available paid time off (e.g., accrued vacation).
In accordance with state and federal law, an exempt employee will receive his/her regular salary if the employee has worked any part of a workweek in which jury duty is served. When an exempt employee does not work at all during a workweek due to jury service, the workweek is not compensated.
PCI will continue to provide medical insurance benefits to eligible employees under the terms and conditions that existed at the outset of the jury duty absence, for the full term of the jury duty absence.
5.2 WITNESS DUTY
PCI encourages employees to fulfill their civic responsibilities by appearing as a witness when subpoenaed to do so.
An employee subpoenaed or otherwise required to appear as a witnesses by PCI will receive his/her normal pay for the entire period of witness duty. When a non-exempt employee is subpoenaed or otherwise required to appear as a witness by someone other than PCI, the time off to appear is not compensated. If desired, employees may use any available paid time off (e.g., accrued vacation).
In accordance with state and federal law, when an exempt employee is subpoenaed or otherwise required to appear as a witness by someone other than PCI, the employee will receive his/her regular salary if the employee has worked any part of the workweek in which witness duty is served.
A subpoena or other request for an employee to appear as a witness should be shown to the employee’ s supervisor as soon as possible after it is received so that operating requirements can be adjusted, where necessary, to accommodate the employee’ s absence.
Employees are expected to report for work whenever the court’ s schedule permits and as soon as service as a witness is completed.
PCI reserves the right to request written confirmation of an employee’ s service as a witness.
5.3 VOTING
PCI encourages employees to fulfill their civic responsibilities by voting in state and federal elections. Generally, employees are able to find time to vote either before or after their regular work shifts. When employees are unable to vote in an election during their nonworking hours, PCI will grant up to two (2) hours of paid time off to vote.
To receive time off to vote, an employee must provide reasonable advance notice ( generally at least two ( 2) working days) and obtain approval from the employee’ s supervisor. Advance notice is required so that time off can be scheduled with the least disruption to PCI’s normal work schedule, and time off must be taken at either the beginning or the end of the employee’ s work shift. 2458.100 / 15502430. 1 30
When an employee receives time off to vote, PCI reserves the right to request a copy of the employee’ s voter's receipt. Time off to vote is not be included as time worked for overtime calculation purposes.
5.4 ELECTION OFFICERS
PCI will provide unpaid time off for an employee to serve as an election officer on Election Day. To qualify as an election officer, an employee must be an election official who is charged with conducting a local, special, or statewide election.
To receive time off to serve as an election officer on Election Day, an employee must provide reasonable notice generally at least two working days), and obtain advance approval from his/her supervisor. PCI will not retaliate against an employee for taking time off from work under this policy.
5.5 TIME OFF FOR VOLUNTEER SERVICE AND TRAINING
Employees may take unpaid time off to perform emergency duty as a volunteer firefighter, peace officer, or emergency rescue worker. Employees are also eligible for unpaid leave, not to exceed 14 days per calendar year, for required training for volunteer service as a firefighter, peace officer, or emergency rescue worker. An employee must personally notify his/her supervisor and the Human Resources Department as soon as the employee learns of the need for leave. Documentation of an employee’ s need for time off under this policy is required.
An employee requesting otherwise unpaid leave under this policy may choose to use accrued vacation, if available. PCI will not discriminate or retaliate against the employee for taking time off from work under this policy.
5.6 TIME OFF FOR CIVIL AIR PATROL SERVICE
Employees who have been employed PCI for at least ninety ( 90) days may take a leave of absence of up to ten days per year to respond to emergency operational missions of the California Wing of the Civil Air Patrol. Leave is limited to three days for any one operational mission, unless an extension of time is requested by the governmental entity that authorized the emergency operational mission and the extension is approved by PCI.
An employee requesting leave under this policy must provide PCI with as much notice as possible of the intended dates upon which the leave will begin and end. PCI may require certification of the need for leave from the Civil Air Patrol Authority.
Civil Air Patrol leave is unpaid. Employees requesting leave may choose to use accrued vacation but are not required to do so.
Employees returning to work after taking Civil Air Patrol Service Leave will be reinstated to the same position the employee held prior to the leave. However employees returning from Civil Air Patrol Service Leave have no greater right to reinstatement than if the employee had been actively employed during the period of leave. 2458.100 / 15502430. 1 31
6. LEAVES OF ABSENCE
6.1 BEREAVEMENT LEAVE
An employee who has been employed for at least thirty (30) days may take up to five (5) days off upon the death of a family member.
For purposes of bereavement leave, “ family member” is defined as the employee’ s spouse, child ( including a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or an adult dependent child), parent ( including a biological, foster, or adoptive parent, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child), sibling, grandparent, grandchild, domestic partner, or parent-in-law. Special consideration will also be given to other persons whose association with the employee was similar to any of the above relationships.
Days off for bereavement leave can be taken intermittently, but must be taken within three ( 3) months of the family member' s date of death. Bereavement leave is unpaid. However, employees may use accrued vacation, available paid sick leave, or compensatory time off ( if any) during otherwise unpaid days. An employee requesting bereavement leave must notify the Human Resources Department to schedule time off. PCI will maintain the confidentiality of an employee' s request for leave under this policy.
PCI reserves the right to require employees to provide documentation of the death of the family member within thirty ( 30) days of the first day of leave taken under this policy. For purposes of bereavement leave, documentation" includes, but is not limited to, a death certificate, a published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or government agency. PCI will keep such documentation confidential and will not disclose it except to internal personnel or counsel as necessary or as required by law.
PCI will not refuse to hire or discharge, demote, fine, suspend, expel, or discriminate against an employee for exercising rights under this policy or giving information or testimony as to their own bereavement leave or another person' s bereavement leave.
6.2 PREGNANCY DISABILITY LEAVE
Female employees may take up to four months of unpaid leave for disabilities caused by pregnancy, childbirth or related medical conditions. Upon advice of her health care provider, an employee may also be entitled to reasonable accommodation for conditions caused by pregnancy, childbirth or related medical conditions. Such accommodation may include transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties. An employee whose work is affected by pregnancy or a related medical condition should notify her supervisor and the Human Resources Department as soon as possible. PCI cannot provide an accommodation unless it knows of the need for such accommodation.
a. Procedure. An employee should notify her supervisor and the Human Resources Department of her intent to take pregnancy disability leave as soon as possible, within the following guidelines:
1. An employee must provide at least verbal notice sufficient to notify PCI that the employee needs to take a pregnancy disability leave and/or transfer to an alternate position or schedule due to her pregnancy. The verbal notice should include the anticipated timing and duration of the leave or transfer.
2. If the need for the leave or transfer is foreseeable, the employee must provide at least 30 days advance notice before the pregnancy disability leave or transfer is to begin. If 30 days’ advance notice is not possible, notice must be given as soon as practicable. The employee must consult with the Human Resources Department and schedule any planned medical treatment to minimize 2458.100 / 15502430. 1 32
disruption to the operations of PCI. Any such scheduling is subject to the approval of the employee’ s health care provider.
3. If requested by the employee and recommended by the employee’ s health care provider, the employee’ s work assignment may be changed as reasonably required to protect the health and safety of the employee and her child, or other reasonable accommodations may be granted, provided the change in work assignment or other reasonable accommodation does not create an undue hardship for PCI.
b. Certification. Pregnancy disability leave usually will begin when ordered by the employee’ s health care provider. The employee must provide PCI with written certification from a health care provider, stating:
1. The date on which the employee became disabled due to pregnancy, child birth, or related medical condition;
2. The probable duration of the period or periods of disability, and
3. A statement that, due to the disability, the employee is unable to perform one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy, or to other persons.
In the event the employee’ s leave exceeds the anticipated date of return, it is the employee’ s responsibility to provide further verification from her health care provider that she is unable to perform her job duties and the revised anticipated date of return.
c. Duration. The duration of a pregnancy disability leave will be determined by the advice of the employee’ s health care provider, but disabled employees may take up to four months of pregnancy disability leave. The four months of leave includes any period of leave taken for actual disability caused by the employee’ s pregnancy, childbirth or related medical condition, and includes leave taken for severe morning sickness or prenatal care, as well as any intermittent leave taken by the employee. d. Intermittent Leave. Pregnancy disability leave may be taken in one continuous period of time or intermittently, as needed.
e. Medical Insurance Continuation. Employees on pregnancy disability leave may continue to participate in group health insurance coverage for up to four months of pregnancy disability leave, at the level and under the same conditions that coverage would have been provided if the employee had continued in active status for the duration of the leave. PCI will continue to pay its portion of the employee’ s usual health insurance premium during an approved pregnancy disability leave, and by the 1st of each month, the employee must pay the employee’ s regular portion of the health insurance premium, including the cost of any applicable dependent coverage. If an employee fails to pay the employee’ s regular portion of the premium, coverage will lapse. f. Use of Other Benefits. An employee may use paid sick leave ( if otherwise available) and accrued vacation time ( if otherwise available) during a pregnancy disability leave. However, employees do not earn additional paid sick leave or accrue additional vacation time while on leave. g. Fitness for Duty Certification. An employee returning from pregnancy disability leave must provide medical certification of fitness for duty before returning to work. h. Return to Work. Under most circumstances, upon submission of medical certification that an employee is able to return to work from a pregnancy disability leave, PCI will reinstate the employee to the same position held at the time the leave began. However, an employee returning from pregnancy disability leave has no greater right to reinstatement than if the employee had been continuously in active employment rather than on leave.
For example, if an employee on pregnancy disability leave would have been laid off had she not gone on leave, or if the employee’ s position has been eliminated and there is no equivalent or comparable position available, the employee would not be entitled to reinstatement.
2458.100 / 15502430. 1 33
6.3 FAMILY AND MEDICAL LEAVE ACT / CALIFORNIA FAMILY RIGHTS ACT Eligible employees may take unpaid leave under the Family and Medical Leave Act (“ FMLA”) and/or the California Family Rights Act ("CFRA") for specified family and medical reasons. a. Employee Eligibility. To be eligible for FMLA and/or CFRA leave, an employee must meet each of the following conditions:
1. The employee must have worked for PCI for at least 12 months; and
2. The employee must have worked at least 1,250 hours during the12 months immediately preceding the request for leave.
b. Reasons for Leave. FMLA and/or CFRA leave may be taken by eligible employees for the reasons provided below. For most qualifying reasons, FMLA and CFRA leave is provided concurrently. For some qualifying reasons, however, FMLA leave is available, but CFRA leave is not available, and vis versa. The following chart lists the permissible reasons for leave and whether such leave is available under the FMLA, CFRA, or both:
Permissible Reasons For Leave Applicable Basis For Leave
1. Birth of a Child of the employee or to care for a
newborn Child.
FMLA and CFRA concurrently.
2. Birth of a Child of the employee' s Domestic
Partner.
CFRA only.
3. Placement of a Child with the employee for
adoption or foster care.
FMLA and CFRA concurrently.
4. Placement of a Child with the employee' s
Domestic Partner for adoption or foster care.
CFRA only.
5. To care for the employee' s spouse, Child, or
Parent who has a Serious Health Condition.
FMLA and CFRA concurrently.
6. To care for the employee' s grandparent,
grandchild, Sibling, or Domestic Partner who
has a Serious Health Condition.
CFRA only.
7. To care for a spouse, Child, Parent or next of kin
who is a member of the United States Armed
Forces and incurs a serious injury or illness in
the line of duty while on active military duty.
FMLA and CFRA concurrently.
8. Because of a "Qualifying Exigency" arising out
the fact that a spouse, Child or Parent of the
employee, who is a military member in the
National Guard or Reserves, is on active duty or
has been called to active duty in the United
States Armed Forces in support of a
contingency operation.
FMLA and CFRA concurrently.
9. Because of a "Qualifying Exigency" arising out
the fact that a Domestic Partner of the
employee, who is a military member in the
National Guard or Reserves, is on active duty or
has been called to active duty in the United
CFRA only.
2458.100 / 15502430. 1 34
i.
c. Definitions. The following definitions apply to leave taken as FMLA and/or CFRA leave:
1. " Child" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or older and incapable of self-care because of a mental or physical disability at the time FMLA and/or CFRA leave is to commence.
There is no age restriction with respect to a Child called to active duty as described in Sections b(viii) and b(ix) of this policy. For purposes of CFRA leave only, “Child” also includes a child of a Domestic Partner.
2. " Designated Person" means an individual related to the employee by blood or whose association with the employee is the equivalent of a family relationship, who is identified by the employee at the time of request for leave. CFRA leave care for a Designated Person is limited to one ( 1) Designated Person in any 12-month period.
3. " Domestic Partner" has the meaning as defined in California Family Code section 297.
4. " Parent" includes a biological, foster, adoptive, or step parent, or other person who stood in loco parentis to the employee when the employee was a child. For purposes of CFRA leave only, Parent” also includes a parent- in-law, i.e., the parent of the employee’ s spouse or domestic partner, or legal guardian.
5. " Qualifying Exigency" means a situation arising from the fact that a spouse, Child or Parent of the employee is on active duty or has been called to active duty in the United States Armed Forces in support of a contingency operation, including: ( i) short- notice deployments; ( ii) military events and related activities; ( iii) childcare and school activities; ( iv) financial and legal arrangements; ( v) counseling; ( vi) rest and recuperation; ( vii) post- deployment activities; and ( viii) additional activities not encompassed in the foregoing categories but agreed to between PCI and the employee.
6. “ Serious Health Condition” means an illness, injury ( including on-the-job injuries), impairment, or physical or mental condition of the employee or a Child, Parent or spouse of the employee that involves either in-patient care (i.e., an overnight stay) in a hospital, hospice, or residential health care facility, or continuing treatment or supervision by a health care provider. For purposes of CFRA leave, “ Serious Health Condition” also includes a medical condition as described above of the employee’ s Grandparent, Grandchild, Sibling, or Domestic Partner. Please contact the Human Resources Department for clarification regarding any specific situation.
7. " Sibling" means a person related to another person by blood, adoption, or affinity through a common legal or biological Parent.
States Armed Forces in support of a
contingency operation.
10. Because of the employee' s own Serious Health
Condition which makes the employee unable to
perform the functions of his or her job, except for
leave taken for disability on account of
pregnancy, childbirth, or related medical
conditions.
FMLA and CFRA concurrently.
11. Because of the employee’ s own Serious Health
Condition which makes the employee unable to
perform the function of her job and is caused by
pregnancy, childbirth or related medical
conditions.
FMLA only.
12. To care for a Designated Person with a Serious
Health Condition.
CFRA only.
2458.100 / 15502430. 1 35
d. Duration of Leave. For most triggering events listed above, eligible employees may receive up to 12 workweeks of unpaid leave during any “ rolling” 12-month period, measured backward from the date the requested leave would commence. When leave is taken to care for a member of the United States Armed Forces who incurs a serious injury or illness in the line of duty ( see Section b(7), above), an eligible employee may receive up to 26 workweeks of unpaid leave during any “rolling” 12-month period measured backward from the date the requested leave would commence. FMLA and/or CFRA leave for the birth of a child or placement of a child for adoption or foster care must be concluded within 12 months of the birth or placement.
FMLA leave runs concurrently with Pregnancy Disability Leave, but CFRA leave does not. Therefore, an employee who takes Pregnancy Disability Leave for a pregnancy- related disability may still take up to 12 workweeks of CFRA leave after the birth of her child. PCI encourages employees to contact the Human Resources Department regarding available FMLA and/or CFRA leave related to pregnancy or childbirth, as special rules apply.
FMLA leave does not run concurrently with CFRA leave used for the reasons provided in Section 2(l) of this policy. An employee who uses all of his or her CFRA leave to care for a Designated Person as provided in Section b(xii) of this policy, may still take FMLA leave for a qualifying reason, provided that the employee has worked at least 1,250 hours in the year prior to the leave.
Employees may take FMLA and/or CFRA leave intermittently, or by reducing their normal weekly or daily work schedules, when medically necessary due to their own or another qualifying person' s serious health condition.
When FMLA and/or CFRA leave is taken for the serious health condition of the employee or another qualifying person, the smallest increment of time that may be used is one hour. Employees who require intermittent leave or a reduced- schedule leave must attempt to schedule their leaves of absence at times that will not disrupt PCI’s operations. In addition, PCI may temporarily transfer an employee on intermittent leave to an available alternative position that better accommodates the leave and has equivalent pay and benefits.
Intermittent leave for the birth of a Child, to care for a newborn Child, or for placement of a Child through adoption or foster care is generally available, but may be subject to additional restrictions.
When an employee sustains an industrial injury and is eligible for FMLA and CFRA leave because of his or her own Serious Health Condition, the first 12 weeks of workers’ compensation leave will run concurrently with the employee’ s FMLA and CFRA leave entitlement.
e. Use of Paid Accrued Time Off During FMLA/CFRA Leave. FMLA and/or CFRA leave is unpaid and employees do not accrue additional paid sick leave, vacation, holiday pay, or other paid leave during any period of FMLA and/or CFRA leave.
An employee may elect to use, or PCI may require that the employee use, accrued vacation during the otherwise unpaid portion of FMLA and/or CFRA leave. An employee may elect to use, or PCI may require that an employee use, available paid sick leave and accrued vacation when FMLA and/or CFRA leave is taken due to the employee’ s own Serious Health Condition. However, an employee is not required to use paid sick leave during a period of leave in connection with the birth, adoption, or foster care of a Child, or to care for a Child, Parent, Grandparent, Grandchild, Sibling, spouse, or Domestic Partner with a Serious Health Condition, unless mutually agreed to by the employee and PCI.
If an employee is receiving a partial wage replacement benefit during CFRA leave, PCI and the employee may agree to have Company- provided paid leave, such as vacation or paid sick leave, supplement the partial wage replacement benefits, unless otherwise prohibited by law.
An employee receiving Paid Family Leave to care for a family member with a Serious Health Condition or to bond with a new Child is not on " unpaid leave," and, therefore, PCI will not require the employee to use paid time off, sick leave, or accrued vacation.
f. Maintenance of Medical Insurance Benefits. Employees on FMLA and/or CFRA leave may continue to participate in group health insurance coverage for up to 12 workweeks at the level and under the same terms 2458.100 / 15502430. 1 36
and conditions that coverage would have been provided if the employee had continued in active status for the duration of the leave. PCI will continue to pay its portion of the employee’ s usual health insurance premium during an approved FMLA and/or CFRA leave, and the employee must pay the employee’ s regular portion of the health insurance premium, including the cost of any applicable dependent coverage.
If available paid sick leave or accrued vacation is substituted for unpaid FMLA and/or CFRA leave, the employee’ s portion of the applicable premium will be deducted as a regular payroll deduction. Otherwise, the employee must make arrangements to pay his or her share of the applicable premium while on FMLA and/or CFRA leave. Medical insurance coverage will lapse if an employee’ s premium payment is more than 30 days delinquent.
If an employee does not return from an FMLA and/or CFRA leave, PCI reserves the right to recover premiums it paid to maintain medical insurance coverage or other benefits unless the employee' s failure to return from leave is due to the continuation, recurrence, or onset of a serious health condition that entitled the employee to FMLA and/or CFRA leave, or other circumstances beyond the control of the employee. An employee is deemed to have failed to return from leave if the employee works less than 30 days after returning from leave. An employee who retires during CFRA leave or during the first 30 days after returning is deemed to have returned from leave. g. Job Restoration. Upon returning from FMLA and/or CFRA leave, an employee will normally be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, such employee has no greater right to job retention or restoration than if the employee had been actively working.
The FMLA contains specific guidelines for reinstatement of “Key Employees.” “ Key Employees” are employees who are among the highest paid ten percent of employees at the worksite or within a 75-mile radius. Such employees may be denied reinstatement under certain circumstances, i.e., when their leave qualified for FMLA only and reinstatement would cause substantial and grievous economic injury to the operations of PCI. h. Notice and Medical Certification. An employee requesting FMLA and/or CFRA leave must provide:
1. 30 days’ advance notice of the need to take FMLA and/or CFRA leave, if the need is foreseeable, or notice as soon as practicable if the need is unforeseeable.
2. Medical certification supporting the need for leave due to a Serious Health Condition affecting the employee, a service member, a qualifying immediate family member, or a Designated Person.
The certification must be returned before the leave begins, or if that is not possible, within 15 days after PCI’s request that the employee provide medical certification. Failure to provide required medical certification may delay the commencement of leave or result in PCI withdrawing any designation of FMLA and/or CFRA leave, in which case the employee may be considered away without leave and subject to disciplinary action. Additional medical opinions and periodic recertifications may also be required.
3. Periodic reports, as deemed appropriate during the leave, regarding the employee’ s status and intent to return to work.
4. Medical certification of fitness for duty before returning to work, if the leave was taken due to the employee’ s own Serious Health Condition.
Failure to comply with the foregoing requirements may result in delay or denial of leave. Request for FMLA/ CFRA forms, medical certification forms, and return to work medical certification forms are available from an employee’ s supervisor or the Human Resources Director. An employee who fails to submit a required return to work medical certification form will not be permitted to resume work until it is provided. i. Failure to Return after FMLA and/or CFRA Leave. An employee who fails to return to work as scheduled after FMLA and/or CFRA leave or exceeds the 12-week entitlement ( 26-weeks when taken to care for an injured service member) may be subject to termination of employment, unless the employee qualifies for other available leave.
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j. Limited Nature of This Policy. This policy is intended to provide only those leave benefits and protections required by the FMLA and/or CFRA. Additional information about entitlement to FMLA leave is contained in “Fact Sheet # 28: The Family and Medical Leave Act of 1993,” and “Fact Sheet # 28M: The Military Family Leave Provisions under the Family and Medical Leave Act,” which are attached appendices to this Handbook.
6.4 DISCRETIONARY PERSONAL LEAVE
Employees who do not qualify for Pregnancy Disability Leave, Family and Medical Leave and/or California Family Right Act, or other statutory leave, may apply for up to four weeks of unpaid discretionary leave. Requests for such leave will be approved or denied at the discretion of PCI management.
To apply for discretionary leave, an employee must ( a) provide at least 30 days advance notice to the Human Resources Department or, when unforeseen circumstances make 30 days advance notice impossible, as much advance notice as possible; and (b) if the leave is requested for medical reasons, submit a statement from his/her physician stating that the employee is unable to perform his/her job duties and the anticipated date of the employee’ s return. If a request for discretionary leave is approved by PCI, the employee will receive written notification of the approval and the date upon which the employee is expected to return to work ( the “ Return Date”).
Generally, PCI does not grant discretionary leave in intervals greater than four weeks. When an employee will be unable to return to work on or before the Return Date, the employee must timely notify the Human Resources Director, and if the leave was requested for medical reasons, provide further verification from his/her physician.
Extensions of the Return Date will be granted or denied by PCI management, in its discretion. An employee who does not return to work by the Return Date, or an approved extension of the Return Date, will be deemed to have abandoned his/her position and voluntarily resigned his/her employment.
An employee may continue his/her medical insurance coverage during a discretionary leave, at his/her expense, in accordance with the applicable plan documents and COBRA.
If a holiday falls within the period an employee is on discretionary leave, the employee will not receive holiday pay.
An employee granted a discretionary leave of absence may not accept other work during the leave without prior written approval of the Human Resources Director.
An employee who returns to work on or before the Return Date, or an approved extension of the Return Date, may return to his/her regular job, if it is available. If it is not available, PCI will generally attempt to place the employee in a similar job for which he/she is deemed by management to be qualified, if such a job is available.
If no such job is available as of the Return Date, PCI will generally give the employee consideration for any position for which he/she applies and is deemed by management to be qualified during the 60-day period following the Return Date. If the employee does not return to work in an available position by the end of the 60 day period, his/her employment will be terminated.
6.5 LEAVE FOR REPRODUCTIVE LOSS
PCI provides up to five (5) days of reproductive loss leave (“ RPL”) to employees who have been employed for at least thirty ( 30) days prior to the commencement of leave under this policy. RPL is available following each reproductive loss event, up to a maximum of twenty ( 20) days within a twelve ( 12)-month period. Employees may take RPL on nonconsecutive days, as needed, but must complete use of RPL within three ( 3) months of the event entitling them to leave, except that when employees take Pregnancy Disability Leave, FMLA/ CFRA Leave, or any other leave entitlement under state or federal law, such employees must complete their RPL within three (3) months of the end date of such other leave.
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For purposes of this policy, a "reproductive loss event" is the day, or for a multiple- day event the final day, of any of the following:
A failed adoption, which is the dissolution or breach of an adoption agreement with the birth mother or legal guardian, or an adoption that is not finalized because it is contested by another party, for the person who would have been a parent of the adoptee if the adoption had been completed;
A failed surrogacy, which is the dissolution or breach of a surrogacy agreement or a failed embryo transfer to the surrogate, for the person who would have been a parent of the child born as a result of the surrogacy;
A miscarriage by the employee or the employee' s current spouse or domestic partner, or by another individual if the employee would have been a parent of the child born as a result of the pregnancy;
A stillbirth by the employee or the employee' s current spouse or domestic partner, or another individual if the employee would have been a parent of the child born as a result of the pregnancy that ended in stillbirth; or
An unsuccessful assisted reproduction, which is an unsuccessful round of intrauterine insemination or of an assisted reproductive technology procedure ( artificial insemination or an embryo transfer, including gamete and embryo donation) for the employee, the employee' s current spouse or domestic partner, or another individual if the employee would have been a parent of the child born as a result of the pregnancy.
RPL is unpaid. However, employees may use accrued but unused vacation or paid sick leave in conjunction with RPL.
PCI will maintain the confidentiality of employees requesting RPL and any information provided to PCI related to such leave and the request for such leave. Such information will be disclosed only to PCI's counsel and internal personnel whose job duties involve administration of RPL.
PCI will not retaliate against any employee for exercising the right to RPL or giving information or testimony as to their own RPL or another person' s RPL in an inquiry or proceeding related to RPL. PCI will not interfere with, restrain, or deny the exercise of or attempted exercise of, any rights related to RPL.
6.6 ALCOHOL AND DRUG REHABILITATION LEAVE
PCI provides reasonable accommodation to employees who recognize they have a problem with alcohol or drug dependency. Employees who enroll voluntarily in a drug or alcohol rehabilitation program will be given unpaid time off to participate in the program, unless the time off would result in an undue hardship to PCI.
When an employee requests time off to participate in a rehabilitation program, PCI makes reasonable efforts to keep the fact that the employee enrolled in the program confidential.
An employee may use accrued paid sick leave and accrued vacation benefits while on rehabilitation leave.
A request for rehabilitation leave under this policy must occur before the employee’ s dependency has resulted in disciplinary action. When disciplinary action, including but not limited to termination from employment, has been implemented by PCI in response to an employee’ s violation of PCI’s policy against use or possession of drugs or alcohol at work, an employee’ s request for rehabilitation leave will not be a defense to such disciplinary action.
6.7 JOB-RELATED ILLNESS OR INJURY
Employees are entitled to a leave of absence for the duration of any disability due to an occupational illness or injury. To qualify for on occupational disability leave, an employee must be examined by a health care provider 2458.100 / 15502430. 1 39
and certified to be disabled from returning to employment. During such leave, an employee receives workers’ compensation insurance benefits in accordance with California law.
Following an occupational disability leave, an employee will be reinstated to his/her former position when a health care provider certifies that the employee can safely perform the essential functions of the job, with or without reasonable accommodation. The exceptions to this rule are as follows:
When an employee directly or indirectly indicates to PCI that he/she does not intend to return to PCI’s employ;
When the employee’ s former position no longer exists;
When PCI had to replace the employee due to business necessity; and When the employee cannot return to his/her former job without posing a direct threat to his/her own health or safety or to the health and safety of another employee or customer.
PCI will engage in a good faith, interactive dialogue with employees on industrial disability leave who are cleared to return to some, but not all, of the employee’ s normal job duties. PCI will provide reasonable accommodation to allow such employees to return to work, unless the accommodation would result in undue hardship.
During a leave of absence for occupational disability, an employee may, at his/her option, integrate unused paid sick leave and accrued vacation time with his/her disability benefits through workers’ compensation.
During a leave of absence for occupational disability, employees will not continue to accrue vacation. Group medical insurance benefits will continue uninterrupted during the leave of absence under the same terms and conditions as before the leave of absence began, for up to 12 weeks. After 12 weeks, an employee may continue his/her group medical insurance coverage while on leave at the employee’ s expense under COBRA.
6.8 LEAVE FOR VICTIMS OF FELONY CRIMES
An employee who is the victim of one of several specified felonies, or who is an immediate family member of a victim ( spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father or stepfather), a registered domestic partner of a victim, or the child of a registered domestic partner of a victim, may receive unpaid time off from work to attend judicial proceedings related to the crime, including but not limited to, proceedings involving post- arrest release decisions, pleas, sentencing, post- conviction release decisions, or any other proceeding in which the rights of the victim are at issue. Generally, an employee must provide his/her supervisor and the Human Resources Department with a copy of the notice of the proceeding in advance of taking time off to attend. If advance notice is not possible, the employee must provide his/her supervisor and the Human Resources Department with appropriate verification of the employee’ s attendance at the judicial proceeding upon returning to work.
An employee requesting otherwise unpaid leave under this policy may choose to use accrued vacation and/or paid sick leave, if available. PCI will not discriminate or retaliate against the employee for taking time off from work under this policy.
6.9 LEAVE AND/OR REASONABLE ACCOMMODATION FOR VICTIMS OF DOMESTIC
VIOLENCE, SEXUAL ASSAULT AND STALKING
An employees who is the victim of domestic violence, sexual assault or stalking, may receive unpaid leave to obtain or attempt to obtain relief, including but not limited to a restraining order or other injunctive relief to help ensure the safety of the employee or his/her child. Generally, an employee must provide PCI with advance notice of the need for such leave. If advance notice is not possible, the employee must provide PCI with the following verification upon returning to work: ( a) a police report showing that the employee was a victim of domestic violence, sexual assault or stalking; ( b) a court order protecting the employee from the perpetrator or other evidence from the court or prosecuting attorney that the employee appeared in court; or (c) documentation from a licensed medical professional, domestic violence counselor, sexual assault counselor, health care provider, or 2458.100 / 15502430. 1 40
other counselor showing that the employee was undergoing treatment for injuries or abuse resulting from an act of domestic violence, sexual assault or stalking. To the extent it is consistent with PCI’s obligation to provide a safe work environment, PCI will maintain the confidentiality of an employee requesting leave under this policy.
An employee requesting otherwise unpaid leave under this policy may choose to use accrued vacation and/or paid sick leave, if available.
PCI will provide reasonable accommodation to an employee who is the victim of domestic violence, sexual assault, or stalking and who requests an accommodation for his/her safety while at work. Any such request should be directed to the Human Resources Director. Upon receipt, PCI will engage in a good faith, interactive dialogue with the employee to determine whether a reasonable accommodation is available for the safety of the employee while at work, given the exigent circumstances and danger facing the employee. PCI may request certification from the employee as provided above. PCI will consider and provide a reasonable accommodation to protect the employee’ s safety while at work, unless the accommodation would result in undue hardship to PCI’s business operations.
PCI will not discriminate or retaliate against an employee because of his/her status as a victim of domestic violence, sexual assault or stalking, or for requesting leave and/or reasonable accommodation for his/her safety while at work under this policy.
6.10 FAMILY SCHOOL PARTNERSHIP LEAVE
Parents, guardians, stepparents, foster parents, grandparents, and other persons standing in loco parentis to a child attending preschool, kindergarten or grades 1 through 12, may take up to 40 hours of unpaid leave each year for the following activities:
To find, enroll, or reenroll his/her child in a school or with a licensed child care provider; To participate in activities of the school or licensed child care provider of his/her child; or To address a school or child care provider emergency, e.g., when the school or licensed child care provider requests that the child not attend or be picked up for reasons other than planned holidays, such as behavioral or disciplinary problems, unexpected facility closures, or natural disasters.
To request family school partnership leave, an employee must personally notify his/her supervisor and the Human Resources Department as soon as the employee learns of the need for leave. When leave is necessary to find, enroll, or reenroll a child in school or with a licensed child care provider, or to participate in activities of the school or licensed child care provider, the employee must provide reasonable advance notice and the leave may not exceed eight hours in any calendar month.
An employee taking family school partnership leave is required to use accrued vacation time. If no accrued vacation time is available, leave taken by a non-exempt employee is unpaid.
PCI may require verification from the school or licensed child care provider that the employee was engaged in qualifying child-related activities as discussed above.
6.11 SCHOOL SUSPENSION LEAVE
An employee may take time off to attend a meeting with administrators at his/her child’s school regarding a possible suspension. The employee should alert his/her supervisor and the Human Resources Department as soon as possible so that arrangements may be made to avoid disruption of work. For non-exempt employees, the time off is unpaid.
An employee requesting otherwise unpaid leave under this policy may choose to use accrued vacation, if available. PCI will not discriminate or retaliate against the employee for taking time off from work under this policy.
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6.12 MILITARY SERVICE LEAVE
PCI provides a leave of absence to employees who are absent from work because of military service in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and applicable state laws. Employees participating in a variety of military duties are eligible for benefits under this policy. Such benefits include leaves of absence taken by members of the uniformed services, including Reservists and National Guard members, for training, periods of active military service, funeral honors duty, and examination to determine fitness to perform such service. Subject to certain exceptions, benefits are generally limited to five years of leave of absence.
a. Procedures. An employee requesting military leave should provide PCI with notice of the need for such leave as far in advance as is reasonable under the circumstances, unless military necessity prevents it. To request a temporary or extended military leave, an employee should generally obtain a Request for Leave of Absence form from the Human Resources Director, although written notice is not required. When an employee intends to return to work following a military leave, he/she must submit an application for reinstatement to the Human Resources Department within the application period set forth below. Upon an employee’ s application for reemployment following a military leave, the Human Resources Department will request that the employee provide military discharge documentation to establish the timeliness of the application for reemployment, the duration of the military service, and an honorable discharge from the military service. b. Benefits. An employee on temporary or extended military leave receives the following benefits:
1. Military leave is unpaid. However, employees on military leave may, at their option, use any accrued vacation or personal leave during their absence.
2. An employee on military leave may elect to continue group health insurance coverage for the employee and his or her covered dependents, under the same terms and conditions as before the leave, for a period not to exceed 31 days from the date that military leave began. The employee must pay the portion of the insurance premium normally paid by the employee. After the initial 31 day period, the employee and his or her covered dependents must continue group health insurance for up to 24 months by paying the monthly premium under COBRA.
3. Group life insurance, AD&D insurance, and long term disability insurance ( if any) will terminate the day the employee begins active military duty.
4. Employees do not accrue vacation, personal leave or paid sick leave while on military leave. c. Reemployment following Military Leave. Upon an employee’ s prompt application for reemployment as defined below) following a period of military leave, the employee will be reinstated to employment as follows:
1. Less Than 91 Days of Military Service. An employee returning from a military leave of less than 91 days will be reinstated to a position the employee would have attained if employment had not been interrupted by military service. If the employee is found not qualified for such position after reasonable efforts PCI, the employee will be reemployed in the position in which the employee had been employed prior to military service.
2. More Than 90 Days and Less than 5 Years of Military Service. An employee returning from a military leave of more than 90 days but less than 5 years will be reinstated to a position the employee would have attained if employment had not been interrupted by military service, or a position of like seniority, status and pay, the duties of which the employee is qualified to perform.
If the employee if found not qualified for such position after reasonable efforts by PCI, the employee will be reemployed in the position in which the employee had been employed prior to military service, or a position of like seniority, status and pay, the duties of which the employee is qualified to perform.
3. Employees with Service-Connected Disabilities. If after reasonable accommodation efforts by PCI, an employee with a service- connected disability in not qualified for employment in the position he or she would have attained or in the position that he or she left, the employee will be 2458.100 / 15502430. 1 42
reemployed in (i) any other position of similar seniority, status and pay for which the employee is qualified or could become qualified with reasonable efforts by PCI, or (ii) if no such position exists, in the nearest approximation consistent with the circumstances of the employee’ s situation. d. Application for Reemployment. An employee retuning from military leave must submit an application for reemployment in compliance with the following schedule:
1. Service of Less Than 31 Days. If the period of military service was less than 31 days, the employee must report for reemployment at the beginning of the first full regularly scheduled working period on the first calendar day following completion of service and the expiration of eight hours after a time for safe transportation back to the employee’ s residence.
2. Service of at Least 31 Days but Less Than 181 Days. If the period of military service was at least 31 days but less than 181 days, the employee must submit an application for reemployment to the Human Resources Department no later than 14 days following the completion of service.
3. Service of More Than 180 Days. If the period of military service was more than 180 days, the employee must submit an application for reemployment to the Human Resources Department no later than 90 days following the completion of service.
4. Employee Hospitalized or Convalescing From a Service-Connected Injury. An employee who is hospitalized or convalescing from a service- connected injury must submit an application for reemployment to the Human Resources Department no later than two years following completion of service.
e. Seniority Following Military Service. Employees reemployed following military leave will receive seniority and other benefits determined by the seniority that the employee had at the beginning of the military leave, plus any additional seniority and benefits the employee would have attained, with reasonable certainty, had the employee remained continuously employed. An employee’ s time spent on active military duty will be counted toward his or her eligibility for FMLA/CFRA leave once the employee returns to PCI. Notwithstanding PCI’s policy of at-will employment, an employee returning from military leave will not be discharged except for cause for a period of one year following reemployment.
Upon receipt of a timely request for reemployment, PCI will reinstate an employee as provided in section 3, above, unless reinstatement would impose an undue hardship for PCI, the employee’ s employment prior to military service was merely for a brief period with no reasonable expectation that the employment would continue, or the employee did not receive an honorable discharge from the military service.
6.13 MILITARY SPOUSE LEAVE
PCI provides up to 10 days of job-protected, unpaid leave to employees who are spouses or registered domestic partners of military personnel who are home on leave from a period of military deployment. a. Eligibility. An eligible employee must work an average of at least 20 hours per week and have a spouse or registered domestic partner who is a member of the armed forces of the United States, National Guard or Reserves who has been deployed during a period of military conflict. b. Procedure. To request leave under this policy, an employee must:
1. Provide notice to the employee’ s supervisor and the Human Resources Department within two business days of receiving official notice that the employee’ s spouse or registered domestic partner will be on leave from deployment; and
2. Submit appropriate written documentation to the Human Resources Department certifying that the employee’ s spouse or registered domestic partner will be on leave from deployment during the time the leave is requested.
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Employees requesting leave under this policy may choose to use accrued paid time off ( e.g., vacation) concurrently with some or all of the leave provided under this policy. To receive paid leave, eligible employees must comply with PCI’s normal procedures for the applicable leave.
6.14 BONE MARROW DONATION LEAVE
Employees who have been employed for at least 90 days may request a leave of absence of up to five business days in any one- year period to undergo a medical procedure to donate bone marrow. Such employees must provide certification from a physician regarding the purpose and duration of any leave requested.
During a leave taken for bone marrow donation, employees must use up to five days of available paid sick leave and accrued vacation time, but the use of available paid sick leave and accrued vacation time off does not extend the duration of the leave. If paid sick leave and/or accrued vacation time are not available or insufficient, the additional time off will be paid by PCI, but the paid time off shall not exceed five days.
Employees receive group health benefits for the duration of a leave taken for bone marrow donation under the same terms and conditions as before the leave. Leave taken under this policy is not considered a break in an employee’ s continuous service for the purpose of salary adjustments, paid sick leave, vacation, or seniority.
Leave taken under this policy does not run concurrently with FMLA/ CFRA leave. Upon returning from such leave, employees will be reinstated to the same or an equivalent position.
6.15 ORGAN DONATION LEAVE
Employee who have been employed for at least 90 days may request a leave of absence of up to 60 days in any one-year period to undergo a medical procedure to donate an organ. Such employees must provide certification from a physician regarding the purpose and duration of any leave requested.
During a leave taken for organ donation, employees must use up to two weeks of available paid sick leave and accrued vacation time, but the use of available paid sick leave and accrued vacation time does not extend the duration of the leave. If paid sick leave and/or accrued vacation time are not available or insufficient, the additional time off for such procedure shall be paid by PCI, but the paid time off shall not exceed 30 days.
Employees receive group health benefits for the duration of a leave taken for organ donation under the same terms and conditions as before the leave. Leave taken under this policy is not considered a break in an employee’ s continuous service for the purpose of salary adjustments, paid sick leave, vacation, or seniority.
Leave taken under this policy does not run concurrently with FMLA/ CFRA leave. Upon returning from such leave, employees will be reinstated to the same or an equivalent position. 2458.100 / 15502430. 1 44
7. HEALTH AND SAFETY
7.1 SAFETY
PCI promotes and requires safe work practices and safety on the job. The health and well-being of our employees and customers is foremost among our concerns. For this reason, all employees are required to follow common sense safety practices and correct or report any unsafe conditions to a supervisor or manager and the Human Resources Director. Each employee receives training regarding PCI’s injury prevention program. Each employee is expected to assist in maintaining safe working conditions. Safety is a state of mind and requires constant vigilance and common sense. Safety is everyone' s responsibility.
All accidents, including those which do not involve serious injury and those involving customers, must be reported immediately to an employee’ s supervisor or manager, and to the Human Resources Director. There are no exceptions.
7.2 WORK ENVIRONMENT
Each PCI employee has the responsibility to contribute to a safe, cooperative and pleasant work environment.
The following rules and guidelines provide a basis for that responsibility.
PCI strives to provide a safe work environment and to take practical steps to prevent injuries to employees in accordance with PCI’s Injury and Illness Prevention Program ( IIPP) and all other safety policies.
Every supervisor is required to seek out, record and correct all unsafe conditions and/or actions by employees.
In addition, each employee is required to report any unsafe working conditions and/or procedures to a supervisor or manager. Each employee and his/her supervisor or manager is required to correct any unsafe working condition expeditiously and as soon as possible. Improper and unsafe working performance and/or allowing unsafe work conditions to persist is grounds for disciplinary action, up to and including termination of employment.
Be alert to and aware of hazards at PCI worksites that could lead to injury to you, your fellow employees, PCI’s customers, or other members of the public.
7.3 SAFETY RULES
The following Safety Rules are applicable to all PCI employees:
a. Report all injuries and accidents immediately to your supervisor or manager, and to the Human Resources Director. This applies to injuries and accidents on PCI property or while on PCI business at another assigned location. Supervisors and managers must provide a timely, written report to the Human Resources Director, including date, time, location, a description of the accident, and possible cause of accident.
b. Running, jumping, shoving, hitting, fighting, speeding or careless driving of a motor vehicle, or any other activity that potentially could have an adverse effect on the well-being of employees or members of the public, is prohibited.
c. Do not use or operate any machines, vehicles or equipment on which you have not been properly trained.
d. Employees should not handle or tamper with electrical equipment, machinery or tools that are not within the scope of their job duties.
e. Employees should never disable or attempt to disable the safety guards or devices on any equipment, machinery, tool or vehicle.
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f. Correct lifting techniques, using the legs not the back, should be applied at all times. Do not attempt to lift any object that may strain your muscles or that is awkward to lift. Ask for assistance whenever needed.
g. Each employee is required to maintain cleanliness and good housekeeping in his/her work area and in public areas such as aisles, hallways and restrooms. Do not create or contribute to unsafe or unsanitary conditions. General cleaning is done regularly, i.e., vacuuming, cleaning of the work area, emptying wastebaskets, etc. However, employees are responsible for picking up and cleaning after themselves. Please be mindful of this fact and considerate of your coworkers.
7.4 LOCKERS
Lockers and combination locks are provided at certain locations for the convenience and use of the employees.
Although lockers are made available for the convenience of employees while at work, employees should remember that all lockers and locks remain the sole property of PCI and employees have no expectation of privacy in the contents of their locker. Employees should not place any other lock on a locker. Lockers or combination locks should not be shared with other employees.
PCI reserves the right to open and inspect lockers, as well as any contents, effects or articles that are in lockers.
Such inspections may occur at any time, with or without advance notice or consent. Further, such inspections may be conducted during, before or after working hours by any supervisor, manager, or security staff designated by PCI. Employees who, when asked, fail to cooperate in any inspection will be subject to disciplinary action, up to and including termination of employment.
Prohibited materials, including weapons, explosives, alcohol, and non-prescribed drugs or medications, may not be placed in a locker. Perishable items should not be stored in lockers or left for prolonged periods. Valuable items such as jewelry, money, etc. also should not be stored in the lockers. PCI is not responsible for any articles that are brought to the workplace and/or placed in a locker that are lost, damaged, stolen or destroyed. Please do not bring valuable items to work.
7.5 SECURITY INSPECTIONS
To protect PCI and its employees from theft and to enforce PCI policies prohibiting other misconduct, including the possession or use of drugs, alcohol, weapons, and stolen property, PCI reserves the right to search employees and their personal property ( e.g., vehicles, clothing, packages, purses, brief cases, lunch boxes, or other containers brought onto PCI property or PCI administered facilities) at any time. Employees are expected to cooperate in the conduct of such searches.
PCI provides vehicles, desks, file cabinets, lockers, and other equipment and property for employees to use while on the job (the “Company- Provided Property”). Searches of Company- Provided Property in the possession or use of an employee may be conducted at any time, whether or not there is reason to believe PCI policy has been violated. Employees have no expectation of privacy in the contents of Company- Provided Property and may not refuse to allow PCI to search Company- Provided Property.
7.6 WORKERS' COMPENSATION
Under California law, PCI provides employees with workers’ compensation insurance. An employee who is injured on the job, is entitled to certain benefits. It is each employee’ s duty to promptly notify his/her supervisor or manager of any such injury. A supervisor or manager who is informed of an injury on the job will assist the injured employee in securing treatment and will provide the injured employee with the forms necessary to apply for workers’ compensation benefits.
PCI is concerned with worker and public safety and it is important that each employee work to avoid accidents during his/her employment with PCI. To insure each employee’ s physical well-being and the correct processing 2458.100 / 15502430. 1 46
of claims, it is extremely important that each employee notify his/her supervisor or manager immediately when an injury occurs during or as a result of employment, no matter how slight.
PCI and its insurance carrier are not liable for the payment of workers' compensation benefits for any injury that arises out of an employee’ s voluntary participation in any off-duty, recreational, social or athletic activity which is not part of the employee’ s work-related duties. An employee’ s participation in such activities is completely voluntary and not part his his/her job duties.
Workers’ compensation fraud is illegal. Anyone who makes or causes to be made any knowingly false or fraudulent material statements for the purpose of obtaining or denying workers’ compensation benefits is guilty of a felony.
If you have any questions regarding workers' compensation benefits, please contact the Human Resources Director.
7.7 DRUG AND ALCOHOL USE
PCI strives to maintain a workplace free of illegal drugs and alcohol and to discourage drug and alcohol abuse by its employees. Misuse of alcohol or drugs can impair the ability of employees to perform their duties, as well as adversely affect customers’ and the public’ s confidence in PCI. a. Alcohol. Employees are prohibited from using or being under the influence of alcohol while conducting business for PCI, operating a motor vehicle for any job-related purpose, or while on the premises of any PCI worksite. The only exception to this policy is when PCI hosts a Company- sponsored event where alcohol is served, in which case employees are expected and required to observe proper limits and avoid excessive consumption of alcohol.
b. Illegal Drugs. PCI employees are prohibited from using or being under the influence of illegal drugs at any time. In addition, employees are prohibited from using, manufacturing, distributing, purchasing, transferring or possessing illegal drugs. This policy does not prohibit the proper use of prescribed medication under the direction of a physician; however, misuse of such medication is prohibited. c. Prescription Drugs. The proper use of medication prescribed by the employee’ s physician is not prohibited; however, misuse of prescribed medication is strictly prohibited. Employees who are required to submit to drug testing ( see below) may disclose such prescriptions on the disclosure form at the drug testing facility.
Each employee is responsible to determine from his/her physician whether a prescribed medication may impair job performance. Any employee who is prescribed a medication that may create a risk to the safety of the employee or others must disclose such risk to the Human Resources Director. d. Marijuana. Employees are prohibited from possessing marijuana in the workplace, coming to work under the influence of marijuana, or coming to work with psychoactive cannabis metabolites in their systems.
Employees who are in possession of marijuana in the workplace, are under the influence of marijuana while at work, or test positive for psychoactive cannabis metabolites, are subject to disciplinary action, up to and including termination from employment.
e. Disciplinary Action. Employees who violate this policy are subject to disciplinary action, up to and including termination of employment, even for a first offense. Violations include refusal to consent to and comply with testing and search procedures as described below.
f. Searches. PCI may conduct searches for illegal drugs or alcohol at PCI facilities or worksites without prior notice to employees. PCI reserves the right to search desks, lockers, file cabinets, and other property provided by PCI at any time, and employees have no expectation of privacy with respect to such areas, even if they are locked. Employees are expected to cooperate fully when PCI conducts a search. Failure to cooperate will result in disciplinary action, up to and including termination of employment. 2458.100 / 15502430. 1 47
Searches of employees and their personal property may be conducted when there is reasonable suspicion to believe that the employee has violated this policy or when circumstances or workplace conditions justify such a search. Personal property may include, but is not limited to, purses, boxes, briefcases, and automobiles parked on PCI property. An employee’ s consent to a search is required as a condition of employment and an employee’ s refusal to consent may result in disciplinary action, up to and including termination of employment. g. Drug and Alcohol Testing – All Employees. PCI may require a blood test, urinalysis, hair test or other drug or alcohol screening of employees suspected of using or being under the influence of illegal drugs or alcohol, or when other circumstances or workplace conditions justify such testing, or when such testing is required by law. An employee’ s refusal to consent to testing may result in disciplinary action, up to and including termination of employment.
PCI will require testing for illegal drugs and/or alcohol when:
A reasonable suspicion exists that any employee has alcohol, illegal drugs, or intoxicants within his or her system. A reasonable suspicion may arise from, among other things, odor on the breath, slurred speech, imbalance when walking, or other indicia of drug or alcohol use; An accident occurs under circumstances which give rise to a reasonable suspicion that that illegal drugs and/or alcohol were a contributing cause; or
When required by state or federal law.
In instances where a drug and alcohol test is needed, the employee in question will not be allowed to drive himself or herself to or from the testing facility. A PCI representative will be designated for this purpose.
PCI may also test for alcohol and/or illegal drugs as part of a post- offer, pre-employment drug and alcohol screen of applicants for employment.
h. Drug and Alcohol Testing – Employees Holding Safety Sensitive Positions. In addition to the drug and alcohol testing procedures discussed in Section 7.7(c), above, federal regulations ( Department of Transportation 49 CFR Part 40 and Federal Transit Administration CFR Part 655) require PCI and its Transportation Concepts division conduct drug and alcohol testing of vehicle operators, maintenance workers, and dispatchers who are identified as safety sensitive employees. In accordance with these regulations, such employees holding safety sensitive positions are required to submit to a drug and/or alcohol testing in accordance with federal law, including:
Pre-employment testing;
Post accident testing;
Random testing; and
Reasonable Suspicion based testing.
7.8 WORKPLACE VIOLENCE PREVENTION
PCI is committed to preventing workplace violence and maintaining a safe work environment. PCI has adopted the following guidelines to address intimidation, harassment, or other threats of ( or actual) violence in the workplace.
All employees, including managers, regular employees, temporary employees and contractors, must be treated with courtesy and respect at all times. Employees must refrain from fighting, horseplay, or other conduct that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are strictly prohibited and may not be brought to PCI premises, including PCI parking lots.
Conduct that threatens, intimidates, or coerces another employee or a contractor, customer, or member of the public at any time will not be tolerated. This prohibition includes all acts of harassment, including harassment that is based on an individual’ s sex, race, age, or any other characteristic protected by federal, state, or local law.
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All threats of ( or actual) violence, both direct and indirect, should be reported as soon as possible to an employee’ s supervisor or manager, the Human Resources Director, or any other member of PCI management.
This includes threats by employees, as well as threats by customers, contractors, vendors, solicitors, family members, or other members of the public. When reporting a threat of violence, an employee should be as specific and detailed as possible.
All suspicious individuals or activities should also be reported as soon as possible to a supervisor or manager.
Do not place yourself in peril. If you see or hear a commotion or disturbance near your workstation, do not try to intercede or see what is happening. Find a supervisor or manager and report what you saw or heard. If no supervisor or manager is present, an employee who sees or hears a commotion or disturbance in the workplace should call 911.
PCI will promptly and thoroughly investigate all reports of threats of (or actual) violence and suspicious individuals or activities. The identity of the individual making a report will be protected to the extent practicable and consistent with PCI investigating the report and providing a safe workplace.
Anyone determined to be responsible for threats of (or actual) violence or other conduct that is in violation of these guidelines will be subject to disciplinary action, up to and including termination of employment.
PCI encourages employees to bring their disputes or differences with other employees to the attention of their supervisor or manager, or the Human Resources Director, before the situation escalates. PCI is eager to assist in resolving employee disputes.
7.9 EMERGENCY CLOSINGS
At times, emergencies such as severe weather, fires, power failures, or earthquakes, can disrupt PCI’s operations. In extreme cases, these circumstances may require the temporary closing of a work facility.
When the decision to close a facility is made AFTER the workday has begun, employees will receive official notification from their supervisor or manager. In these situations, time off from scheduled work will be unpaid for all non-exempt employees. Employees in essential operations may be asked to work on a day when operations are officially closed.
Exempt employees who are scheduled to work will be paid for their entire shift, whether they are on site when the facility closes or the facility closes before their shift begins.
When emergency conditions exist, essential employees who are scheduled to work but are unable to report to work must call their supervisor or manager to report their absence.
7.10 TRANSPORTATION CONCEPTS WORKPLACE SAFETY
Each Transportation Concepts employee has the responsibility to contribute to a safe, cooperative and pleasant work environment. The following rules and guidelines provide a basis for that responsibility and they are applicable to all employees of PCI’s Transportation Concepts division. a. Safety Policy. PCI seeks to provide the safest possible work environment and takes practical steps to prevent injury to employees in accordance with PCI’s Safety Program. Consistent with this policy, every supervisor is required to look for, record and correct all unsafe conditions and/or actions by employees. In addition, each employee has the responsibility to report any unsafe working conditions and/or procedures to his/her supervisor and correct them whenever possible. Each employee must be alert and aware of hazards that could lead to injury to the employee, a co-worker, a pedestrian, or the riding public. Improper and unsafe working habits may be cause for disciplinary action, up to and including termination of employment. b. Safety Rules. Employees must comply at all time with the following safety rules and procedures:
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Report all vehicle accidents or personal injuries immediately to the employee’ s supervisor. This applies to accidents on PCI property or while on PCI business at another assigned location. An employee’ s supervisor will assist in preparing a written report including date, time, location, and possible cause of accident.
Running, jumping, shoving, hitting, fighting or any activity that has an adverse influence on the well-being of employees is prohibited. Employees are to walk, not run, at all times.
Employees may not use any machines or equipment for which they have not been trained.
Employees should not handle or tamper with electrical equipment, machinery or tools that are not within their scope of duties.
Correct lifting techniques ( using the legs not the back) should be used at all times. An employee must not attempt to lift any object that may strain his/her muscles or that is light but awkward, and should ask for assistance whenever needed.
Each employee is required to maintain habits of cleanliness in his/her own work area and in public areas such as restrooms. Do not create or contribute to unsanitary conditions in any way.
Although general cleaning maintenance is done regularly, i.e., vacuuming, cleaning of the work area, emptying wastebaskets, etc., all employees are responsible for picking up and cleaning after themselves. Please be mindful of this fact and considerate to co-workers. c. Accident Definition. All occurrences involving bodily injury, or suspected or potential bodily injury to another person, contact with another person, contact with another person’s property, or contact with Companyowned or operated vehicles, whether or not there is damage, are considered accidents. d. Accident Reporting. All accidents or incidents while on duty must be reported immediately to a supervisor either over the two-way radio, telephone or in person. An accident report must be completed and submitted to the on-duty supervisor no later than the end of a work shift on the date of occurrence. e. Passenger Injuries and Incidents. Passenger on-board injuries ( falling on-board, while boarding, or deboarding) are treated under the same procedures as vehicle accidents, and must be reported immediately by two-way radio or telephone. An accident report must be filed in every case, even if the suspected injured party says that he/she is not injured or does not wish to make a report. f. Accident Classifications.
PREVENTABLE: An accident will be considered preventable when the employee failed to do everything reasonable to prevent the accident.
NON-PREVENTABLE: An accident will be considered non-preventable when the employee did nothing that contributed to the cause of the accident.
g. Evaluating Accidents. An employee’ s manager and/or safety committee will review all accidents, determine preventability, and assign a point value. In addition, when necessary, PCI’s Director of Safety will review accident investigations to ensure that they have been evaluated in compliance with the National Safety Council Guidelines. An employee who is involved in an accident may be suspended pending the outcome of the investigation.
h. Re-Training. PCI will provide remedial training after a preventable accident, failed ride check, or failed unobserved road check. Depending on the circumstances, a vehicle operator may not be scheduled into regular service until the retraining is complete.
i. Safety Point System. The point system described below applies to all Transportation Concepts division employees who operate a PCI vehicle on public roadways, PCI property, or private property. Point assessments shall be applied whether incurred in a PCI or private vehicle.
Examples of One (I) Point Assessment
Preventable accident with no damage to property or other vehicles involved. 2458.100 / 15502430. 1 50
Passenger- related preventable accident for which there is no claim for medical treatment or monetary award.
An accumulation of two ( 2) preventable accidents during a 6-month period. ( This is a one ( 1)- point assessment in addition to the other points assessed.) Examples of Two (2) Point Assessment
Preventable accident with vehicle or property damage.
Passenger- related preventable accident with claim for medical treatment or monetary award.
Conviction of a minor traffic violation. A minor violation is any moving traffic citation that does not qualify as a “major violation” ( as defined below).
Examples of Five (5) Point Assessment
Preventable accident as a result of failure to properly secure wheelchair.
Preventable accident as a result of driver negligence resulting in serious injury, death and/or high property damage.
Failure to immediately report a citation or accident.
Failure to immediately report a citation received for a Major Violation.
Conviction of a Major Violation. A Major Violation is any citation that involves: ( 1) driving while intoxicated or under the influence of alcohol or drugs; (2) failure to stop and report an accident in which the employee was involved; ( 3) homicide, manslaughter, or assault arising out of the operation of a motor vehicle; ( 4) driving while license is suspended or revoked; ( 5) reckless driving; ( 6) possession of open container of alcoholic beverages; and/or (7) speed contests, drag racing, or attempts to elude an officer of the law.
j. Safety Points Accumulation. The accumulation of points within a floating 18-month period will result in the following action:
1 – 2 points Written Warning
3 – 4 points 3 day Suspension ( without pay)
5 points Discharge
In situations involving more than one point assessment, for instance, an accident with a citation, only the highest point assessment will be used.
k. On-the-Road Supervision. Each vehicle operator will be reviewed by his supervisor/ manager or trainer on a regular basis. These reviews will include a ride check or unobserved road check. 2458.100 / 15502430. 1 51
8. WORKPLACE CONDUCT
8.1 PCI STANDARDS OF HONESTY AND INTEGRITY
PCI’s standard is to treat employees, customers and vendors with honesty and integrity. In turn, employees are expected to maintain these same high standards of honesty and integrity with PCI, each other, and with customers and vendors.
Employees who engage in dishonest business practices with customers or vendors, or who use customer information outside of PCI procedures, will be subject to disciplinary action, up to and including termination of employment. Employees who engage in theft or willful misuse of PCI property or funds, or who intentionally harm another employee, will be subject to disciplinary action, up to and including termination of employment.
Standards of integrity are necessary to maintain an atmosphere of mutual trust and cooperation. We expect that you will assist us in maintaining our standards of integrity and report activities of others that appear to be dishonest.
8.2 ATTENDANCE AND PUNCTUALITY
To maintain a productive work environment, it is important that employees attend work as scheduled, unless they are excused. Employees who are absent from their positions or tardy for work place an additional burden on their co-workers and PCI. Unless they are excused, all employees are expected to work on all scheduled workdays and to report to work on time.
Regular attendance is a vital factor in each employee’ s job performance and is weighed heavily at evaluation time. Excessive, unexcused absenteeism and/or tardiness may result in a lower performance rating and may lead to disciplinary action, up to and including termination.
It is each employee’ s responsibility to arrive at work on time, prepared to work, and in full uniform ( as established by local management). Punctuality also applies to meal periods and rest breaks. When you return promptly from your breaks, it shows concern for your fellow employees and the job you perform. Some departments have tightly scheduled meal periods which require everyone’ s cooperation.
Whenever an employee cannot avoid being late for work or is unable to report for work, he/she must personally call in at least two (2) hours prior to his/her scheduled start time and speak directly to the his/her supervisor or manager. If the employee’ s supervisor or manager is not available, the employee must leave a message and a call back number where he/she can be reached. An employee is required to follow this procedure each day that he/she will be late for work or are unable to come to work, unless otherwise instructed by his/her supervisor or manager. An employee’ s failure to follow this procedure may result in disciplinary action, up to and including termination of employment. Emergency situations may be considered as an exception to this two-hour call in requirement. However, a “no call, no show” incident is never justified or acceptable.
An employee who is absent or late are expected to provide his/her supervisor or manager with an honest explanation, and with the expected length of absence. PCI will comply with all applicable laws mandating time off from work, but an absent employee is expected to provide PCI with the appropriate information to be able to make the determination of whether an absence is excused or unexcused. Moreover, and employee who is absent from work must notify his/her supervisor or manager of any change in condition or work status as soon as possible.
An employee who is absent from work for three consecutive days without notifying his/her supervisor or manager will be considered to have abandoned his/her job and voluntarily terminated employment with PCI.
This policy pertains to unexcused absences and tardiness. PCI provides reasonable accommodation to individuals with disabilities in compliance with state and federal law, up to the point of undue hardship. 2458.100 / 15502430. 1 52
PCI will not take adverse action against an employee who refuses to come to work or who leaves work during an “Emergency Condition,” based upon a reasonable belief that the workplace is unsafe. For purposes of this provision, “ Emergency Condition” means the existence of either of the following: ( i) conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act; or (ii) an order to evacuate a workplace, a worksite, a worker’s home, or the school of a worker’s child due to natural disaster or a criminal act. “ Emergency Condition” does not include a health pandemic. A reasonable belief that the workplace is unsafe” means that a reasonable person, under the circumstances known to the employee at the time, would conclude there is a real danger of death or serious injury if that person enters or remains on the premises. This provision does not apply to: (i) an employee under contract to the state or any city, county, or political subdivision of the state, including a special district, for purposes of providing or aiding in emergency services; ( ii) a transportation employee participating directly in emergency evacuations during an active evacuation; or (iii) an employee whose primary duties include assisting members of the public to evacuate in case of an emergency.
8.3 BUSINESS ETHICS
The successful business operation and reputation of PCI is built upon the principles of fair dealing and ethical conduct by its employees. PCI’s reputation for integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations, as well as regard for the highest standards of conduct and personal integrity whenever an employee interacts with a customer, vendor, or government agency. PCI complies with all applicable laws and regulations and expects its directors, officers, and employees to conduct business accordingly.
Customers are among PCI’s most valuable assets. PCI’s continued success is dependent upon its customers’ trust and PCI is dedicated to preserving that trust. Employees owe a duty to PCI and its customers to act in a way that merits the continued trust and confidence of the customer.
Each employee represents PCI to its customers and vendors. The way each employee performs his/her job affects the image of the entire organization. Each employee’ s first business priority is to assist any customer or potential customer by providing courteous, friendly, helpful, and prompt attention and service.
The use of good judgment, based on high ethical principles, will guide each employee regarding lines of ethical conduct. An employee who is uncertain about the proper course of conduct should seek guidance from his/her supervisor. If the employee’ s supervisor cannot answer a question, the employee should contact the Human Resources Director, District Manager, Executive Vice President, or President.
Compliance with this policy of ethical conduct is the responsibility of every PCI employee. Failure to comply with this standard of business ethics and conduct will result in disciplinary action, up to and including termination of employment.
8.4 CONFLICTS OF INTEREST
PCI’s strives to provide a high level of service to its customers, i.e., parking facility owners and transportation providers. PCI conducts business in accordance with contractual arrangements entered into by PCI with various third parties and organizations. These relationships are often the product of longstanding relationships and/or substantial investments of PCI’s resources, energies, money and efforts. PCI’s reputation and relationships with outside organizations and individuals are of utmost importance.
As discussed above in the Business Ethics policy, PCI expects its employees to conduct business according to the highest ethical standards of conduct. Employees are also expected to dedicate their best efforts to the interests of PCI. Business dealings that create or appear to create a conflict of interest between PCI and an employee are unacceptable.
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Employees have an obligation to conduct PCI business within ethical guidelines that avoid conflicts of interest.
This policy provides general direction to employees regarding standards of conduct. Both the fact and the appearance of any conflicts of interest must be avoided.
A conflict of interest exists when an employee’ s loyalties become divided between PCI’s interests and those of another, such as a competitor, supplier, customer, or the employee’ s own business interests. Employees are expected to devote their best efforts and attention to the performance of their job duties. Employees are also expected to use good judgment, adhere to high ethical standards, and avoid situations that create actual or potential conflicts of interest.
Management reserves the right to determine when an employee’ s actions create a conflict of interest with PCI, and to take whatever action is necessary to resolve the conflict of interest. The list below provides examples of some activities that would reflect negatively on an employee' s ability to perform job duties and responsibilities in an ethical manner by creating an actual or potential conflict of interest:
Accepting substantial personal gifts or entertainment from competitors, customers, suppliers or potential suppliers;
Working for a competitor, supplier, or customer while employed by PCI ( without notifying and obtaining the approval of PCI management);
Engaging in competition with PCI or an affiliate, client or customer; Having a direct or indirect financial interest in the business of a competitor, customer, or supplier, except that ownership of less than two percent ( 2%) of the publicly traded stock of a corporation will not be considered a conflict of interest;
Engaging in self-employment in competition with PCI;
Having an undisclosed financial interest in any business transaction with PCI; Using PCI’s assets or labor for an employee’ s own business or the business of another company; Using PCI’s trade secret information for personal gain, the gain of other third parties, or to PCI’s detriment; or
Borrowing money from competitors, suppliers, customers, or potential suppliers or customers, other than recognized lending institutions ( i.e., banks); Acquiring any interest in property or assets of any kind for the purpose of selling or leasing the property or asset to PCI; or
Committing PCI to give its financial or other support to any outside activity or organization without appropriate written authorization.
A conflict of interest would also exist when a member of an employee' s immediate family is involved in situations such as those described above.
This policy is not intended to prohibit the acceptance of modest courtesies, openly given and accepted as part of usual business courtesy. For example, occasional business- related meals or promotional items of nominal or minor value would not generally create a conflict of interest. However, it is each employee’ s responsibility to report any actual or potential conflict that may exist between the employee ( or the employee’ s immediate family) and PCI.
Employees should be aware that if they enter into a personal relationship with a subordinate employee or with an employee of a competitor, customer, or supplier, a conflict of interest may exist that will require full disclosure to PCI.
An employee who discovers a relationship that creates an actual or potential conflict of interest, or who is uncertain whether a particular relationship constitutes a conflict of interest, must disclose the relationship to the Human Resources Department as soon as possible so that safeguards can be established to protect all parties.
Failure to comply with this policy will result in disciplinary action, up to and including termination of employment. 2458.100 / 15502430. 1 54
An employee who is unsure of whether a particular situation creates a conflict of interest must ask for clarification from his/her supervisor or manager, or the Human Resources Director. An employee’ s failure to adhere to this policy, including but not limited to, an employee’ s failure to disclose any conflict or seek an exception to this policy when an actual or potential conflict arises, may result in disciplinary action up to and including termination of employment.
8.5 OUTSIDE EMPLOYMENT
During employment with PCI, employees may hold outside jobs, provided that the supplemental employment is disclosed to and approved by PCI management, the outside employment does not create a conflict of interest, and the employee continues to meet the performance standards of his/her position with PCI.
To protect PCI's confidential information, trade secrets, and other business interests while employees are engaged in outside employment, PCI has adopted the following rules regarding outside employment by employees:
Outside employment must not interfere with the employee' s work performance or work schedule.
Employees may not use PCI's property, facilities, equipment, supplies, IT systems, time, trademarks, trade name, brand, or reputation in connection with outside employment.
Employees may not engage in any outside employment for an employer, company ( regardless of corporate form), or themselves that competes with PCI while employed by PCI.
An employee may not engage in any outside activity or other employment that interferes with the employee’ s work schedule for PCI, or raises a conflict of interest with the employee’ s duties and obligations to PCI. By way of example, PCI does not object to a cashier, valet or driver providing similar work for another employer, as long as the outside employment does not interfere with the employee’ s work schedule for PCI. All employees will be evaluated by the same performance standards and will be subject to PCI’s scheduling demands, regardless of any existing outside work requirements.
PCI reserves the right to determine whether an employee’ s outside employment creates an actual or potential conflict of interest. If PCI determines, within its sole discretion, that an employee’ s outside work creates a conflict of interest or interferes with performance or the ability to meet the requirements of PCI, the employee may be asked to terminate the outside employment if he/she wishes to remain employed by PCI.
If you are considering outside employment but are not sure if it complies with the rules and guidelines in this policy, you should speak with Human Resources Director, who will help you determine whether the outside employment complies with this policy.
8.6 CONFIDENTIAL INFORMATION/ NON-DISCLOSURE
During the course of employment, an employee may become aware of confidential information about PCI’s business, including, but not limited to, information regarding finances ( including, but not limited to, revenue, periodic revenue (for example, annual or quarterly revenue), profit, profit margin, assets, liabilities, and the terms of financial arrangements with third parties), pricing, product development, software and computer programs, marketing plans and strategies, strategic plans, suppliers, customers, potential customers, financial records, business plans and strategies, the identity of, contact information for, and any other account information on customers, potential customers, referral sources, leads, vendors, and suppliers; and inventions, programs, trade secrets, formulas, techniques, and processes (“ Confidential Information”). An employee also may become aware of similar confidential information belonging to PCI’s customers, vendors, affiliates, suppliers, and other employees. Some examples of written or digital documents containing Confidential Information include, but are not limited to:
Computer programs and codes;
Customer lists;
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Customer and/or vendor contracts;
Price lists;
Marketing strategies;
pending projects and proposals
Bank and accounting statements;
Personnel files; and
Business plans and projections.
Preserving the PCI's Confidential Information is essential to protecting the PCI's legitimate and substantial business interests. It is each employee’ s responsibility to preserve the confidentiality of all Confidential Information and to prevent disclosures of such information unless the disclosure is necessary in the performance of an employee’ s job duties for PCI. Access to Confidential Information should be on a “need to know” basis and must be authorized in advance by an employee’ s supervisor. Employees must also preserve the confidentiality of computer generated lists and copies of lists of customers, employees, products, prices and other Confidential Information stored on PCI’s computers and electronic devices.
It is extremely important that all such information and documents not be disclosed to PCI’s competitors. Any employee who improperly copies, removes ( whether physically or electronically), uses, or discloses Confidential Information to anyone outside of PCI or for the commercial benefit of anyone or any company other than PCI may be subject to disciplinary action, up to and including termination of employment.
All records and files that contain any Confidential Information are and remain the property of PCI. Such records or files may not be removed from PCI’s premises or disclosed to any outside party without the express written authorization from the President, and must be returned upon separation from employment and/or upon request from an authorized PCI representative, supervisor, or manager. Employees who are unsure about the confidential nature of specific information must ask for clarification from his/her supervisor or manager, the Human Resources Director, or the President.
Former employees are also prohibited from using or disclosing any of PCI’s trade secrets or Confidential Information without the express written authorization of the President. PCI reserves the right to avail itself of all legal and equitable remedies to prevent impermissible use or disclosure of Confidential Information and to recover damages incurred as a result of the impermissible use or disclosure of Confidential Information by employees and/or former employees.
Employees may be required to enter into written confidentiality agreements confirming their understanding of PCI’s confidentiality policies.
The Defend Trade Secrets Act of 2016 (“ DTSA”), 18 U.S.C. Section 1833(b), provides that no individual shall be held criminally or civilly liable under federal or state trade secret law for the disclosure of a trade secret that: ( a) is made: in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and is made solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal.
Further, an individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney and use the trade secret information in the court proceeding if the individual: ( x) files any document containing the trade secret under seal; and ( y) does not disclose the trade secret, except pursuant to court order. Nothing in this policy shall be interpreted to interfere with employee’ s rights under the DTSA.
Nothing in this policy is intended, nor shall be construed, to interfere with, prohibit, or dissuade employees from engaging in legally protected activities protected by state or federal law, including the National Labor Relations Act, such as discussing wages, benefits, or terms and conditions of employment, raising complaints about working conditions for their and their fellow employees' mutual aid or protection, or other legally protected activities, as further described in Section 2.6, Protected Concerted Activity, above. For example, an employee is permitted to discuss with other PCI employees such employee' s wages, benefits, working hours, working 2458.100 / 15502430. 1 56
conditions, opinions of PCI management, events that prompted a complaint made to PCI, and actions taken by PCI in response to a workplace complaint. This list is not exhaustive or intended to include all rights employees have under Section 7 of the National Labor Relations Act. Notwithstanding anything else in this policy, employees will not be considered to have violated this policy on the basis of engaging in protected concerted activity under Section 7 of the National Labor Relations Act, 29 U.S.C. § 157. However, employees may have an obligation as part of their job duties to maintain the confidentiality of information about other employees.
8.7 PERSONAL RELATIONSHIPS IN THE WORKPLACE
The employment of relatives or individuals involved in a dating relationship in the same area of an organization can cause serious conflicts and problems with favoritism and employee morale. In addition to claims of partiality in treatment at work, personal conflicts from outside the work environment can be carried over into day-to-day working relationships.
For purposes of this policy, a “relative” is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage. A “dating relationship” is defined as a relationship that may reasonably be expected to lead to the formation of a consensual “ romantic” or sexual relationship. This policy applies to all employees without regard to the gender or sexual orientation of the individuals involved.
An employee may not occupy a position that involves working directly for or supervising a relative. When a relationship in violation of this policy occurs, it is the responsibility and obligation of the supervisor or manager to disclose the existence of the relationship to the Human Resources Director. The individuals concerned will be given the opportunity to decide who is to be transferred to another available position, if any. If that decision is not made within 30 calendar days, PCI will decide who is to be transferred or, if necessary, terminated from employment.
Management desires to avoid misunderstandings, complaints of favoritism and the morale and dissension problems that can potentially result from dating relationships between supervisory employees and co-workers.
Therefore, supervisors and managers are prohibited from dating or pursuing romantic relationships with employees they supervise, directly or indirectly, or with any other employee where the relationship creates a potential conflict of interest or presents significant business concerns regarding supervision, safety, security or morale. PCI expects that all supervisors and managers will exercise their best judgment and not engage in any relationship that would be detrimental to their ability to perform their managerial duties in a professional and competent manner. Violation of this policy will result in transfer, reassignment and/or disciplinary action, up to and including termination of employment.
8.8 CUSTOMER SERVICE
Clients and customers are among PCI’s most valuable assets. Every employee represents PCI to our clients and customers and to the general public. The way we do our jobs affects the public image of our entire organization. Customers judge all of us by how they are treated with each employee contact. Therefore, one of our first business priorities is to assist any customer or potential customer. Nothing is more important than being courteous, friendly, helpful, and prompt in the attention you give to customers.
Our personal contact with the public, our manners on the telephone, and the communications we send to customers are a reflection not only of ourselves, but also of the professionalism of PCI. Positive customer relations not only enhance the public’s perception and image of PCI, but also result in greater customer loyalty and increased sales and profits.
8.9 SOLICITATION AND DISTRIBUTION
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1. Employees. Employees may not solicit ( or be solicited by others) for any purpose during work time.
Work time” is the time an employee is engaged, or should be engaged, in performing his/her job duties for PCI.
Work time does not include rest breaks or meal periods.
Employees may not distribute any form of advertising materials, handbills, or other literature in work areas at any time, or in non-work areas while on work time. Non-work areas include the break room, parking lots, and other areas where work is not performed.
2. Non-Employees. Non-employees are prohibited from soliciting on PCI property, including but not limited to buildings and parking lots, at any time. Non-employees are also prohibited from distributing any form of literature on PCI property, including but not limited to buildings and parking lots, at any time.
This prohibition on solicitations and/or distributions of literature by non-employees is applied uniformly to all commercial solicitations and distributions on PCI property.
3. No Retaliation.
Nothing in this policy is intended, nor shall be construed, to interfere with, prohibit, or dissuade employees from engaging in legally protected activities protected by state or federal law, including the National Labor Relations Act, such as discussing wages, benefits, or terms and conditions of employment, raising complaints about working conditions for their and their fellow employees' mutual aid or protection, or other legally protected activities, as further described in Section 2.6, Protected Concerted Activity, above. For example, an employee is permitted to discuss with other PCI employees such employee' s wages, benefits, working hours, working conditions, opinions of PCI management, events that prompted a complaint made to PCI, and actions taken by PCI in response to a workplace complaint. This list is not exhaustive or intended to include all rights employees have under Section 7 of the National Labor Relations Act. Notwithstanding anything else in this policy, employees will not be considered to have violated this policy on the basis of engaging in protected concerted activity under Section 7 of the National Labor Relations Act, 29 U.S.C. § 157. However, employees may have an obligation as part of their job duties to maintain the confidentiality of information about other employees.
8.10 BULLETIN BOARDS
PCI maintains bulletin boards as sources of information. The bulletin boards are to be used solely to post information approved by PCI management regarding PCI policies, governmental regulations, and other matters of concern to all employees and related to employment with PCI. No information may be placed on these bulletin boards without the prior approval of the Human Resources Director. All notices or other materials must be approved by PCI management before posting on bulletin boards. This policy is uniformly applied and enforced as to all employees, solicitations, and distributions.
8.11 USE OF COMPANY TELEPHONES
PCI’s telephone system is a lifeline to its customers and vendors. Proper use of PCI telephone system is critical to providing the best service to PCI’s customers.
Incoming personal calls are not permitted during working hours, except in cases of emergency. Outgoing personal calls may be made on an employee’ s personal cellular phone during rest breaks and meal periods, but not during worktime when an employee is performing his/her job duties.
Unauthorized use of PCI telephones for personal reasons is considered misuse of PCI assets and will require reimbursement of any long distance or other charges. Continued abuse will result in disciplinary action, up to and including termination of employment.
PCI will not prevent any employee from accessing their mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to verify their safety due to an emergency condition. For purposes of this policy, an "emergency condition" is defined as 2458.100 / 15502430. 1 58
i) conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act, or (ii) an order to evacuate a workplace, a worksite, a worker’ s home, or the school of a worker’ s child due to natural disaster or a criminal act. An "emergency condition" does not include a health pandemic.
To ensure effective telephone communications, employees should always use the approved greeting and speak in a courteous and professional manner. Please confirm information received from the caller, and hang up only after the caller has done so.
8.12 USE OF COMPANY MAIL
PCI’s mail system is reserved for business purposes only. Employees should refrain from sending or receiving personal mail at the workplace. All mail delivered to PCI is presumed to be related to PCI business. Mail sent to an employee at PCI’s address will be opened by office personnel and routed to the employee’ s department.
Employees who do not wish to have their personal correspondence handled in this manner should have it delivered to their homes and not to the office. PCI’s postage meters and letterhead may not be used for personal correspondence.
8.13 CELL PHONES AND PDA USAGE WHILE DRIVING; DRIVER SAFETY California Vehicle Code section 23123.5 prohibits all drivers from operating a motor vehicle “ while holding and operating a handheld wireless telephone or an electronic wireless communications device unless [the device is] designed and configured to allow voice- operated and hands- free operation, and it is used in that manner while driving.” A cell phone or PDA may be operated with the driver’ s hand only if the device is mounted to the vehicle’ s windshield, dashboard or center console, and “[ t]he driver’s hand is used to activate or deactivate a feature or function [ of the device] with the motion of a single swipe or tap of the driver’ s finger.” PCI employees are prohibited from using cellular phones or PDAs while driving motor vehicles of any kind, unless the vehicle is equipped with a compliant, voice-activated, hands-free device. Texting, sending or reading email or text messages, watching videos, or using any other personal digital device app while driving a motor vehicle is strictly prohibited. ( See Section 8.12, below, regarding additional restrictions on use of use of cellular phones and PDAs by bus or shuttle drivers.)
If an employee does not have a compliant hands-free device in the vehicle and needs to answer or place a call or otherwise use a cell phone or PDA, the employee must pull over to a safe place before doing so. Moreover, even when a compliant hands- free device is available, employees should pull off the road to a safe location before answering or placing a call whenever driving conditions are difficult, such as when driving in bad weather, heavy traffic, or an unfamiliar area. When a telephone conversation is or becomes long, complex or distracting, an employee should pull over to a safe place before continuing the conversation.
The sole exception to this policy is when a legitimate emergency requires immediate communication with 911 operators, law enforcement or other emergency personnel.
Proper cellular telephone and PDA use is one part of safe driving. While traveling on PCI business, employees are also expected to obey posted speed limits and other traffic laws, wear seat belts, and remain alert at all times. Employees who drive a motor vehicle to carry out their job duties must be properly licensed and must provide PCI with a copy of their drivers’ license and proof of insurance.
Violations of this policy will result in disciplinary action, up to and including termination of employment.
8.14 CELL PHONE, PDA AND PTT USAGE BY BUS AND SHUTTLE DRIVERS Additional restrictions on usage of cellular phones, PDAs and PTT devices are applicable to bus and shuttle drivers, including those employed by the Transportation Concepts division. California Vehicle Code section 2458.100 / 15502430. 1 59
23125(a) generally prohibits bus and shuttle drivers from using a wireless telephone while driving. Section 23125( b) creates an exception which allows a bus or shuttle driver to use a wireless telephone only for workrelated purposes, or for emergency calls to a law enforcement agency, health care provider, fire department, or other emergency service agency.
Bus and shuttle drivers are issued PTT phones (“PTTs”) for communications with dispatch and their supervisors.
PTTs must be turned on at all times, from the time the driver clocks in until to the time he/she clocks out. Turning off a PTT during the workday will result in disciplinary action. Although the PTT must continue to be on during a driver’s rest breaks and meal periods, drivers are excused from all job duties during such times, including monitoring of PTTs.
Drivers must refrain from using PTTs or any other type of wireless phone or PDA while driving the bus or shuttle.
This includes placing and receiving calls or PTT messages while driving. When a driver must place or receive a call or PTT message, he/she must first bring the vehicle to a complete stop in a safe location, such as a service stop. Stopping at a red light, stop sign or other unsafe location to place or receive a call or PTT message is prohibited and will result in disciplinary action, up to and including termination of employment.
Drivers are expected to focus their undivided attention on safe driving and service to the riding public. Driver may not wear headphones or earbuds. Drivers may not listen to music apps or downloaded music on any portable device while driving.
When communicating with dispatch using a PTT, drivers must always wait for dispatch to acknowledge the communication before ending the conversation. When a driver receives a busy signal from dispatch, he/she should wait a short time and try again. A busy signal is never a valid excuse for a driver’ s failure to report in.
PTTs are linked to a GPS tracking system, which allows PCI to monitor the location, time points and speed of the vehicle. Drivers have no expectation of privacy with respect to such information.
Employees who violate this policy are subject to disciplinary action up to and including termination from employment.
8.15 PERSONAL BELONGINGS
PCI is not responsible or liable for personal property that is lost, stolen or damaged. The responsibility for safeguarding, replacing, or repairing personal property that is lost, stolen or damaged is that of the individual employee. Consequently, PCI discourages employees from bringing any valuable personal property to work.
8.16 USE OF PCI TOOLS AND EQUIPMENT
Tools and equipment essential to accomplishing job duties are often expensive and may be difficult to replace.
When using PCI property, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines.
Please notify your supervisor if any equipment or machinery appears to be damaged, defective, or in need of repair. Prompt reporting of damage, defects, and the need for repair can prevent deterioration of equipment and possible injury. Please ask your supervisor or manager if you have any questions about your responsibility for maintenance or care of equipment used on the job.
PCI’s letterhead, supplies, copiers, and postage meters are provided for conducting PCI business only and are not for personal use.
8.17 PERSONAL APPEARANCE AND GROOMING
Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the business image PCI presents to customers and visitors. Each employee’ s job responsibilities determine the 2458.100 / 15502430. 1 60
applicable dress code, but all employees are expected to be neat and clean and in proper attire or uniform while on duty at all times.
During business hours or when representing PCI, employees must present a neat and tasteful appearance.
Employees are expected to dress according to the requirements of their position and accepted business standards. Natural and protective hairstyle, such as braids, twists and locks, are acceptable under this policy.
Some employees, such as drivers, are required to wear uniforms that are mandated by the client. All such employees are expected to be neat and clean and in proper uniform while on the job:
Drivers must wear shoes that are appropriate for safe driving and safe work activity. Shoes must be dark in color, preferably black, and may not have open toes or heals.
Uniform shirts are to be buttoned and tucked in.
Company- provided patches/ name tags are to be worn on uniform shirts and jackets.
Employees who are not required to wear a uniform should dress in accordance with business casual standards:
Acceptable dress includes:
Shirts with collars.
Slacks.
Casual dress shoes appropriate to the employee’ s job requirements. ( Note: Valets may wear dark-colored sneakers that are in good condition.)
Professional length skirts and dresses.
Unacceptable dress includes:
T-shirts.
Sweatshirts and sweatpants.
Overalls and leggings.
Backless, strapless, halter or off the shoulder dresses or blouses.
Shorts ( unless part of required apparel for the position).
Flip-flops.
Ripped, torn or faded clothing.
Any clothing that is too casual for a professional business environment.
Cosmetics may be worn provided they are not of such a nature as to be considered unusual or excessive. A conservative appearance should be maintained.
Notwithstanding this policy, PCI will reasonably accommodate an employee’ s religious dress and grooming practices to the extent that such accommodation does not result in undue hardship. Any request for such accommodation should be made to an employee’ s supervisor or manager, or to the Human Resources Director.
Each supervisor or manager is responsible for maintaining a reasonable dress code appropriate to the job performed. When a supervisor or manager determines that an employee’ s personal appearance is inappropriate, the supervisor or manager may instruct the employee to leave the workplace until properly dressed or groomed.
Under such circumstances, the employee will not be compensated for the time away from work. An employee with questions about what constitutes appropriate appearance should consult with his/her supervisor or manager.
8.18 UNIFORM POLICY
Some PCI employees are required to wear coordinated apparel or a uniform while a work. When coordinated apparel or a uniform is required at the location, it is the employee’ s responsibility to be in complete and proper apparel at all times while on the job.
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Due to client requests, uniform policies may vary from location to location. When the required apparel items are part of a basic wardrobe usable in the occupation, such as dark pants, black shoes and black belts, they are the responsibility of the employee. However, when the required apparel items are not part of a basic wardrobe usable in the occupation, PCI will issue the employee a complete set of uniforms for the location assigned.
When an employee is required to wear apparel that is not part of a basic wardrobe usable in the occupation ( as discussed above), the employee will be provided with uniform sets by his/her supervisor and instructed on the procedures for cleaning, maintenance, and replacements. When a uniform requires care other than normal washing and tumble drying, PCI will either provide a uniform laundering service or pay the employee a weekly maintenance allowance.
Whenever PCI issues an employee a uniform set, it may charge the employee a uniform deposit, not to exceed the cost of the uniforms issued. Whenever a uniform deposit is required, PCI will:
Provide the employee with a receipt for the deposit;
Provide the employee with a written agreement that sets forth any conditions under which the deposit is given; and
Maintain the uniform deposit in a separate account that is not combined with other types of PCI funds.
Uniform deposits will be refunded in full upon termination of employment provided that all uniform sets issued to the employee are returned, with normal wear and tear.
8.19 DRIVER’ S LICENSE/ PCI AND PERSONAL VEHICLES
When an employee’ s job requires that the employee drive vehicles owned or operated by PCI or its customers, PCI will request a copy of the employee’ s past driving record from the Department of Motor Vehicles to determine suitability for the position.
In addition, an employee maintain personal automobile insurance, in accordance with the applicable state law, when the employee’ s position requires that the employee use his/her personal vehicle for PCI business. In such cases, PCI reimburses its employees for mileage at the IRS rate, which is intended to provide full reimbursement for insurance, fuel, maintenance, and vehicle wear and tear.
8.20 DRIVER’ S LICENSE/ BUS AND SHUTTLE DRIVERS
Bus and shuttle drivers, including those who work for the Transportation Concepts division, must obtain and possess all required licenses and permits required by the state. Such employees must at all times keep their licenses, endorsements, certificates, and permits current and valid. A bus or shuttle driver who does not have a current and valid license will be removed from service, without pay, until such time as the license is renewed and it subject to disciplinary action, up to and including termination of employment.
Department of Motor Vehicle checks are performed throughout the term of employment. All employees with any driving responsibilities must be insurable under the insurance policies PCI has or may obtain.
8.21 PULL NOTICE PROGRAM
PCI enrolls all employees who drive a vehicle as part of their normal job duties and are covered by PCI automobile insurance plan, in the Department of Motor Vehicles Pull Notice Program ( EPN). The EPN Program provides PCI with a means of promoting driver safety through the ongoing review of driver records, including information obtained from an individual' s driver license application, abstracts of convictions and accidents, which are open to public inspection.
8.22 SMOKING POLICY
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In compliance with California law, smoking is prohibited throughout the workplace at all times. All PCI offices and PCI-administered properties, including production areas, common areas, lobbies, restrooms, break rooms and other workspaces, are smoke- free areas. Smoking is also prohibited while riding in or driving a PCI vehicle.
Smoking is permitted only during an employee’ s break times in outdoor areas designated by management.
This policy applies to all employees, customers, and visitors, and it applies to tobacco products as well as ecigarettes and vaping devices. Employees are also subject to smoking policies as determined and implemented by client or building requirements at the location level. Any employee who violates smoking policies will be subject to disciplinary action, up to and including termination of employment.
8.23 VISITORS
Generally, employees are not permitted to have friends or relatives visit during working hours. Please check with the Human Resources Department before inviting friends or relatives to a PCI worksite, e.g., regarding an emergency situation.
8.24 USE OF COMPANY COMPUTERS, ELECTRONIC DEVICES, AND COMMUNICATIONS
SYSTEMS
1. Monitoring of Electronic Devices. Company- provided computers, computer files, email system, voicemail system, smartphones, and software furnished to employees ( collectively, “ Electronic Devices”) are PCI property and intended for business use. Employees are expected to use Electronic Devices for PCI business and in compliance with the provisions of this Handbook, including but not limited to, the Equal Employment Opportunity policy ( Section __), the Harassment Prevention policy ( Section __), the Confidentiality policy Section __), the Social Media policy ( Section __), and the Solicitation and Distribution policy ( Section __). PCI reserves the right, at all times and without prior notice, to inspect and search any and all of its property, including Electronic Devices, to determine whether this policy or any other policy of PCI has been violated, or whenever otherwise ordered by management. Such inspections may be conducted during or after business hours and in the presence or absence of the employee.
EMPLOYEES HAVE NO EXPECTATION OF PRIVACY WITH RESPECT TO THEIR USE OF OR INFORMATION STORED ON ELECTRONIC DEVICES. EMPLOYEES SHOULD NOT USE ELECTRONIC DEVICES FOR MATTERS THEY WISH TO KEEP PRIVATE.
Computer files, email, voicemail, text messages, Internet usage, and any other material stored on Electronic Devices may be accessed by PCI at any time. All materials, information and software created, transmitted, downloaded or stored on Electronic Devices and related systems is the property of PCI and may be accessed, deleted and/or otherwise altered only by authorized personnel. All communications sent or received using Electronic Devices, including text and images, may be disclosed to law enforcement or other third parties without prior consent of the sender or receiver. Employees should be aware that even when a message or a visit to a website is closed or erased, it is may be possible to recreate or locate the message or website.
Some of PCI’s Electronic Devices are password protected and/or contain files that are password protected.
Employees may not use a password, access an Electronic Device that is password protected, or retrieve any document or communication that is password protected, without authorization from his/her manager.
Unauthorized review, duplication, removal, damage, or alteration of files, or other property of PCI, or improper use of information obtained by unauthorized means, may result in disciplinary action, up to and including termination of employment.
2. Use of Electronic Devices. Each employee is responsible for the content of all electronic communications he/she places or sends over using Electronic Devices and related communications systems.
Electronic communications consist of all electronically transmitted correspondence, voicemail, email, instant messages, or communications between an employee and another employee, customer, representative, vendor, 2458.100 / 15502430. 1 63
or other third party. PCI reserves and intends to exercise the right to review, audit, intercept, access and disclose any and all electronic communications received or sent using its Electronic Devices.
PCI strives to maintain a workplace free of harassment and sensitive to the diversity of its employees. Therefore, PCI prohibits the use of Electronic Devices in ways that violate the PCI’s Equal Employment Opportunity policy Section 2.7); or Harassment Prevention policy ( Section 2.8). Employees are also prohibited from using Electronic Devices or any personal device to post information that is confidential, proprietary, or trade secret information belonging to PCI or its customers in violation of the PCI’s Confidential Information / Nond-Disclosure policy (Section 8.6).
Electronic Devices and related communications systems may not be used to solicit others for commercial ventures, religious causes or political causes.
PCI purchases and licenses the use of various computer software programs for business purposes and does not own the copyright to such software or its related documentation. Unless authorized by the software developer, PCI does not have the right to reproduce such software for use on more than one computer.
Employees may only use Company- provided software for PCI business in accordance with the applicable software license agreement. PCI prohibits the illegal duplication of software and its related documentation.
Employees may not download or use unlicensed software from any source.
Users of the Electronic Devices and related communications systems must comply with the following guidelines:
Email messages to customers should follow the same formality as a business letter. It should be treated as a formal document with proper business standards followed. Spelling, grammar and punctuation should be checked.
Use professional language. Never send harassing or threatening messages, even in jest.
Review each message before you send it. A sentence that might be clear to someone conversing face to face might come across quite differently without reference to tone of voice or facial expressions.
Electronic Devices and their contents are not private and may be subject to discovery in litigation.
Employees should exercise the same restraint and caution in drafting and transmitting messages using Electronic Devices as they would when writing a memorandum or sending a letter.
Employees should assume that their messages will be saved and reviewed by someone other than the intended recipient. Information contained on Electronic Devices and related communications systems is backed up periodically and even deleted messages and documents may be retrieved by PCI.
All electronic information created by any employee using Electronic Devices and related communications systems is the property of PCI and remains the property of PCI. Personal passwords may be used for security purposes, but the use of a personal password does not affect PCI’s ownership of the electronic information and creates no expectation of privacy on the part of an employee. PCI reserves the right to access and disclose all information stored in its Electronic Devices.
Notwithstanding PCI's right to retrieve and read any text, voicemail or email message stored on its Electronic Devices, such messages should be treated as confidential by other employees and accessed only by the intended recipient. Employees should not use a password, access a file, or retrieve any stored communication without prior authorization from a supervisor or manager.
PCI’s policies against sexual and other harassment apply fully to an employee’ s use of the Electronic Devices and any violation of those policies will result in disciplinary action, up to and including termination of employment.
3. Internet Use. PCI provides Internet access to some employees to assist and facilitate business communications and work-related research. These services are primarily for business use in the course of an employee’ s assigned job duties. Personal use of the Internet is permitted only prior to or after scheduled working 2458.100 / 15502430. 1 64
hours and during designated rest breaks and meal periods. The following guidelines have been established to help ensure responsible and productive Internet use.
The Electronic Devices provided to access the Internet remain at all times the property of PCI. As such, PCI reserves the right to monitor Internet use and traffic, and retrieve and read any data composed, sent, or received through PCI’s online connections and stored in its Electronic Devices.
All Internet data composed, transmitted, or received via PCI’s Electronic Devices is considered to be part of the official records of PCI and, as such, is subject to review by PCI and disclosure to law enforcement or other third parties. Employees have no expectation of privacy with respect to such records and employees should always ensure that the business information contained in Internet email messages and other transmissions is accurate, ethical, and lawful.
Data that is composed, transmitted, accessed, or received via the Internet must not contain content that could be considered discriminatory, pornographic, threatening, or otherwise in violation of PCI’s Equal Employment Opportunity policy ( Section 2.7) or Harassment Prevention policy ( Section 2.8). Examples of unacceptable content include, but are not limited to, sexual comments or images, racial slurs, or any other offensive comments or images on the basis of race, age, sex, gender identity, religious or political beliefs, national origin, disability, sexual orientation, or any other characteristic protected by law.
The unauthorized use, installation, copying, or distribution of copyrighted, trademarked, or patented material on the Internet is expressly prohibited. As a general rule, if an employee did not create material, does not own the rights to it, or has not obtained authorization for its use, it should not be put on the Internet. Employees are also responsible for ensuring that the person sending any material over the Internet has the appropriate distribution rights.
Employees may not access, distribute, create or compile any material that may violate any state or federal statute. Any software or other material downloaded onto PCI’s Electronic Devices may be used only in ways consistent with the licenses and copyrights of the vendors, authors or owners of the material.
Prior written authorization from the IT Manager is required before downloading or introducing any software onto PCI’s Electronic Devices. To ensure a virus-free environment, no files may be downloaded from the Internet without prior authorization. Employees may not download music, entertainment software or games.
Internet access and PCI’s Electronic Devices many not be used for solicitations of any kind, including but not limited to, political causes, religious activities, school fundraisers, or any form of gambling.
4. No Retaliation.
Nothing in this policy is intended, nor shall be construed, to interfere with, prohibit, or dissuade employees from engaging in legally protected activities protected by state or federal law, including the National Labor Relations Act, such as discussing wages, benefits, or terms and conditions of employment, raising complaints about working conditions for their and their fellow employees' mutual aid or protection, or other legally protected activities, as further described in Section 2.6, Protected Concerted Activity, above. For example, an employee is permitted to discuss with other PCI employees such employee' s wages, benefits, working hours, working conditions, opinions of PCI management, events that prompted a complaint made to PCI, and actions taken by PCI in response to a workplace complaint. This list is not exhaustive or intended to include all rights employees have under Section 7 of the National Labor Relations Act. Notwithstanding anything else in this policy, employees will not be considered to have violated this policy on the basis of engaging in protected concerted activity under Section 7 of the National Labor Relations Act, 29 U.S.C. § 157. However, employees may have an obligation as part of their job duties to maintain the confidentiality of information about other employees.
An employees should notify his/her supervisor or manager, the Human Resources Director, or another member of management upon learning of any violation of this policy. Employees who misuse the Electronic Communications Systems ( e.g., to engage in defamation, copyright or trademark infringement, misappropriation 2458.100 / 15502430. 1 65
of trade secrets, discrimination, harassment or related actions) will be subject to disciplinary action, up to and including termination of employment.
8.25 USE OF SOCIAL MEDIA
Employees' use of social media can pose risks to the PCI's confidential and proprietary information, reputation, and brands, expose PCI to discrimination and harassment claims, and jeopardize PCI's compliance with business rules and laws.
To minimize these business and legal risks, avoid loss of productivity and distraction from employees' job performance, and ensure that the PCI's Electronic Devices and communications systems are used appropriately as explained below, PCI expects its employees to adhere to the following guidelines and rules regarding social media use.
1. Guidelines. The same principles and guidelines found in other PCI policies apply to an employee’ s activities online, including, but not limited to, the following PCI policies found within this Handbook:
Harassment Prevention Policy;
Electronic Devices Policy;
Internet Use Policy;
Confidentiality Information / Non-Disclosure Policy; and Workplace Conduct Policy.
In addition to these other PCI policies, the guidelines below apply to each employee’ s activities while on line.
Ultimately, each employee is solely responsible for what he/she posts online. a. Protect Customer and PCI Confidences. PCI has a duty to protect confidential customer information. An employee should never use or disclose, directly or indirectly, customer information online.
b. Be Honest and Accurate. Employees should be honest and accurate when posting information or news, and employees who make mistakes should correct them immediately and be open about any previous posts that were corrected. Remember, the Internet archives almost everything; therefore, even deleted postings can be searched. An employee should never post information or rumors that the employee knows to be false about PCI, its, managers, supervisors or employees, and/or its customers, vendors, suppliers, independent contractors, or others doing business with PCI.
c. Respect financial disclosure laws. It is illegal to communicate or give a “tip” on inside information to others so that they may buy or sell stocks or securities. d. Links. Employees should not create a link from a personal blog, website, or other social networking site to PCI’s website without identifying themselves as an employee of PCI. e. Personal Views. Only authorized employees may communicate on social media on behalf of PCI, and employees may not post opinions or personal views that could be misconstrued as being those of PCI. Employees should never represent themselves as a spokesperson for PCI. If PCI is a subject of the content employees are creating, the employees should be clear and open about the fact that they are a manager, supervisor, or employee of PCI, and that their views do not represent those of PCI, its managers, supervisors, or employees, or its customers, vendors, suppliers, independent contractors, or others doing business with PCI. It is best to include a disclaimer such as, “The postings on this site are my own and do not necessarily reflect the views of Parking Concepts, Inc.”
2. Use of Social Media at Work. We recognize that employees occasionally may desire to use social media for personal activities at the office or by means of PCI' s Electronic Devices and communications systems. We authorize this use during nonworking time so long as it does not involve vulgar, obscene, threatening, intimidating, or harassing content ( not otherwise protected or required by law), is not maliciously false, does not 2458.100 / 15502430. 1 66
violate any other PCI policies or employee obligations, and does not interfere with employees' employment responsibilities or productivity. Circulating or posting commercial, personal, religious, or political solicitations, chain letters, spam, or promotion of outside organizations unrelated to PCI business is also prohibited during working time unless otherwise protected or required by law.
3. No Expectation of Privacy. All contents of PCI's IT resources and communications systems are the property of PCI. Therefore, employees have no expectation of privacy whatsoever in any message, files, data, document, facsimile, telephone conversation, social media post, conversation or message, or any other kind of information or communications transmitted to, received or printed from, or stored or recorded on PCI’s Electronic Devices and communications systems.
You are expressly advised that in order to prevent misuse, and maintain production and discipline, PCI reserves the right to monitor, intercept, and review, without further notice, every employee' s activities using its IT resources and communications systems, including but not limited to social media postings and activities, and you consent to such monitoring by your acknowledgment of this policy and your use of such resources and systems. This might include, without limitation, the monitoring, interception, accessing, recording, disclosing, inspecting, reviewing, retrieving, and printing of transactions, messages, communications, postings, log-ins, recordings, and other uses of the systems, as well as keystroke capturing and other network monitoring technologies.
PCI also may store copies of such data or communications for a period of time after they are created and may delete such copies from time to time without notice.
Do not use PCI’s Electronic Devices and communications systems for any matter that you desire to be kept private or confidential from PCI.
4. Retaliation is Prohibited. PCI prohibits retaliating against any of its managers, supervisors, or employees for reporting any actual or suspected deviations from this policy or for cooperating in an investigation of any such report. Any manager, supervisor, or employee who retaliates against another manager, supervisor, or employee for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination of employment.
5. For More Information. An employee who has questions or needs further guidance regarding this Social Media policy should contact the Human Resources Director.
6. No Retaliation.
Nothing in this policy is intended, nor shall be construed, to interfere with, prohibit, or dissuade employees from engaging in legally protected activities protected by state or federal law, including the National Labor Relations Act, such as discussing wages, benefits, or terms and conditions of employment, raising complaints about working conditions for their and their fellow employees' mutual aid or protection, or other legally protected activities, as further described in Section 2.6, Protected Concerted Activity, above. For example, an employee is permitted to discuss with other PCI employees such employee' s wages, benefits, working hours, working conditions, opinions of PCI management, events that prompted a complaint made to PCI, and actions taken by PCI in response to a workplace complaint. This list is not exhaustive or intended to include all rights employees have under Section 7 of the National Labor Relations Act. Notwithstanding anything else in this policy, employees will not be considered to have violated this policy on the basis of engaging in protected concerted activity under Section 7 of the National Labor Relations Act, 29 U.S.C. § 157. However, employees may have an obligation as part of their job duties to maintain the confidentiality of information about other employees.
8.26 MEDIA CONTACTS
All media inquiries seeking a response on PCI's behalf must be referred immediately to the President or Executive Vice President. Only the President or Executive Vice President is authorized to make or approve public statements on behalf of PCI.
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No other managers, supervisors, or employees are authorized to speak to the media on behalf of PCI without first contacting and obtaining the approval of the President or Executive Vice President. Moreover, any employee wishing to write and/or publish an article, paper, or other publication on behalf of PCI must first obtain prior written approval from the President or Executive Vice President and provide the President or Executive Vice President with the final version of such article, paper, or other publication.
Nothing in this policy is intended, nor shall be construed, to interfere with, prohibit, or dissuade employees from engaging in legally protected activities protected by state or federal law, including the National Labor Relations Act, such as discussing wages, benefits, or terms and conditions of employment, raising complaints about working conditions for their and their fellow employees' mutual aid or protection, or other legally protected activities, as further described in Section 2.6, Protected Concerted Activity, above. For example, an employee is permitted to discuss with other PCI employees such employee' s wages, benefits, working hours, working conditions, opinions of PCI management, events that prompted a complaint made to PCI, and actions taken by PCI in response to a workplace complaint. This list is not exhaustive or intended to include all rights employees have under Section 7 of the National Labor Relations Act. Notwithstanding anything else in this policy, employees will not be considered to have violated this policy on the basis of engaging in protected concerted activity under Section 7 of the National Labor Relations Act, 29 U.S.C. § 157. However, employees may have an obligation as part of their job duties to maintain the confidentiality of information about other employees.
8.27 WORKPLACE CONDUCT
Although there is no way to identify every possible violation of standards of conduct, the following is a partial list of infractions which may result in corrective action or discipline up to and including termination of employment:
ATTENDANCE AND PERFORMANCE
Failure to perform job duties or work assignments to management’ s satisfaction.
Excessive, unexcused absenteeism or tardiness as defined in this Handbook.
Failure to work a shift as scheduled, or arranging your own replacement on a shift without permission from a supervisor or manager.
Job abandonment; leaving a department or work area during work time without permission from a supervisor or manager.
Failure to report to a mandatory meeting or training session without prior authorization from a supervisor or manager.
Refusing to work split shifts, split weeks, or overtime without reasons acceptable to a supervisor or manager.
Failure to report to work on the date scheduled for return from leaves of absence.
Working at another job, without prior authorization from a supervisor or manager, while on a leave of absence from PCI.
VIOLATING POLICY
Violation of any PCI policy, procedure or practice.
Violation of PCI's safety policies and procedures.
Failure to comply with PCI’s Personal Appearance and Grooming and/or Uniform policy.
Failure to comply with PCI's smoking policy.
Violation of policies regarding employee use of PCI facilities.
Violation of security or safety regulations.
Traffic citations while operating PCI vehicles or conducting PCI work.
Violation of PCI’s Drug and Alcohol Use policy; refusal to take a drug and alcohol test.
Failure to produce a prescription in the employee’ s name for a controlled substance. 2458.100 / 15502430. 1 68
Conviction of driving under the influence, reckless driving, or hit-and-run driving whether on or off the job, in a PCI or personal vehicle.
OFFENSIVE CONDUCT
Violation of PCI's Equal Employment Opportunity and/or Harassment Prevention policies.
Discourteous attitude or behavior to passengers or fellow employees.
Threatening or harassing conduct, threats of violence, or actual physical violence directed toward a customer, visitor, vendor, co-worker, or other third party, including but not limited to, fighting, taunting, horseplay, throwing objects, possession or use of a weapon, or any other conduct that could cause injury or interfere with the safe operation of the business.
Unprofessional, inappropriate or indecent conduct.
Solicitation of gratuities from customers or commenting in any way on the amount of gratuity given.
FAILURE TO FOLLOW REASONABLE INSTRUCTIONS, FIGHTING, VIOLENCE Failure or refusal to obey a reasonable order of a supervisor or manager.
Possession of any weapons or explosives on PCI owned or managed property, or while in the performance of job duties.
Gambling.
Fighting.
Coercion, intimidation or threats of any kind against any individual.
Sleeping on the job.
THEFT, MISAPPROPRIATION
Theft (unauthorized removal) or misappropriation ( unauthorized possession, storage, transfer, or utilization) of customer, employee or PCI property.
Failure to maintain accurate and proper accountability and control of cash banks.
Cash shortages or other cash- handling irregularities.
Failing to maintain accurate and proper accountability and control of system funds that come into an employee’ s possession.
Excessive or continuous fare variances or other irregularities.
Displaying or counting cash or fares in public view, without prior authorization.
Leaving keys within reach of unauthorized persons.
Taking any work keys, radios or pagers home after work, without prior approval from a supervisor or manager.
BREACH OF CONFIDENTIALITY
Unauthorized disclosure of PCI’s or its customers’ confidential business information.
Giving out private information about other employees, e.g., their names, addresses or telephone numbers, without prior authorization from management or the employee.
MISREPRESENTATION
Supplying false or misleading information regarding qualifications or employment history when applying for employment, or at any time during employment.
Failure to cooperate with any management investigation; providing false information or failing to provide information when accidents are investigated.
Alteration or falsification of work, payroll or time records.
Providing false or misleading information at any time during employment.
MISUSE OR DESTRUCTION OF PROPERTY
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Abuse, defacement or destruction of PCI property or the property of any customers or others.
Entering or leaving a work location through any entrance other than the employee entrance, if applicable.
Unauthorized use of PCI vehicles.
Unauthorized parking in customer area.
Unauthorized use of PCI telephones.
Improper use of PCI’s two-way radio system.
Posting written or printed material on PCI bulletin boards without authorization from a supervisor or manager.
Taking any work keys, radios or pagers home after work, without a supervisor’ s approval.
ADDITIONAL INFRACTIONS APPLICABLE TO BUS AND SHUTTLE DRIVERS Uninsurability as a Vehicle Operator.
Violation of PCI’s vehicle operation regulations.
Failure to operate vehicle according to assigned route/ timetable.
Failure of vehicle operator to have in his possession valid, appropriate driver’s license and required endorsement and medical certificate when operating a PCI vehicle.
Failure to immediately report any conviction of a moving traffic violation incurred while driving a PCI vehicle or personal vehicle.
Failure to immediately report by two-way radio or telephone an accident resulting in property damage or potential bodily injury.
Allowing family, spouse, or friends to ride free as passengers or inappropriately as fare paying passengers.
Two failed ride/unobserved road checks within a floating 12-month period.
Failure to properly secure a wheelchair or other mobility assistance device.
This list is intended to provide examples only – it is not exhaustive. Nothing in this policy affects an employee’ s status as an at-will employee of PCI. Employment with PCI is at-will and may be terminated by the employee or PCI at any time, with or without cause and with or without notice.
I Nothing in this policy is intended, nor shall be construed, to interfere with, prohibit, or dissuade employees from engaging in legally protected activities protected by state or federal law, including the National Labor Relations Act, such as discussing wages, benefits, or terms and conditions of employment, raising complaints about working conditions for their and their fellow employees' mutual aid or protection, or other legally protected activities, as further described in Section 2.6, Protected Concerted Activity, above. For example, an employee is permitted to discuss with other PCI employees such employee' s wages, benefits, working hours, working conditions, opinions of PCI management, events that prompted a complaint made to PCI, and actions taken by PCI in response to a workplace complaint. This list is not exhaustive or intended to include all rights employees have under Section 7 of the National Labor Relations Act. Notwithstanding anything else in this policy, employees will not be considered to have violated this policy on the basis of engaging in protected concerted activity under Section 7 of the National Labor Relations Act, 29 U.S.C. § 157. However, employees may have an obligation as part of their job duties to maintain the confidentiality of information about other employees.
8.28 CASH SHORTAGES AND OVERAGES
PCI expects its employees to exercise great care in receiving money from customers and protecting PCI’s assets.
All monetary transactions should be checked and double checked to ensure that the correct amount is charged and that correct change is given to each customer. An employee must report cash shortages or overages to his/her supervisor or manager immediately upon determining that his/her cash drawer does not balance. 2458.100 / 15502430. 1 70
Absent evidence of dishonesty or gross negligence, cash shortages are not recovered back from the employee.
However, cash shortages or overages may result in disciplinary action, up to and including termination of employment. When cash shortages or overages occur, PCI generally adheres to the following guideline for disciplinary action:
The first offense may result in verbal counseling or a verbal warning documented in the employee’ s personnel file.
The second offense may result in a formal written warning.
The third offense may result in a formal written warning and an unpaid suspension for one or more workdays.
Further offenses may result in immediate termination.
The above levels of discipline are provided as a guideline only and PCI reserves the right to impose a lesser or greater degree of disciplinary action, up to and including termination of employment, for any cash shortage or overage. Repeat offenses within a short period of time may also result in more severe disciplinary action.
Nothing in this policy affects an employee’ s status as an at-will employee of PCI. Employment with PCI is at-will and may be terminated by the employee or PCI at any time, with or without cause and with or without notice. 2458.100 / 15502430. 1 71
9. END OF EMPLOYMENT
9.1 EMPLOYMENT TERMINATION
Termination of employment is an inevitable part of personnel activity within any organization and many of the reasons for termination are routine. Below are examples of some of the most common circumstances under which employment is terminated:
Resignation – voluntary employment termination initiated by an employee.
Discharge – involuntary employment termination initiated by PCI.
Layoff – involuntary employment termination initiated by PCI for economic reasons.
Exit interviews are encouraged upon termination of employment. The employee or his/her supervisor may arrange an appointment with the Human Resources Department for an interview. At that time, the employee may make any comments regarding his/her department or PCI. Comments, based on an employee’ s firsthand experience can be extremely helpful. The exit interview also affords an opportunity to discuss such issues as employee benefits, insurance conversion privileges, repayment of outstanding debts to PCI, and return of Company- owned property.
Since employment with PCI is at-will and based on mutual consent, both the employee and PCI retain the right to terminate employment at any time, with or without cause and with or without notice. Employees will receive their final paychecks in accordance with applicable state law.
Employee benefits will be affected by employment termination in the following manner. All accrued but unused vacation will be paid to the employee at the time of separation from employment. Some benefits may be continued at the employee’ s expense if the employee so chooses. The employee will be notified in writing of the benefits that may be continued and of the terms, conditions, and limitations of such continuance.
9.2 INVOLUNTARY TERMINATION AND PROGRESSIVE DISCIPLINE
Violation of PCI policies and rules may warrant disciplinary action. PCI has established a system of progressive discipline that includes verbal warnings, written warnings and suspensions. The system provides a guideline only and PCI may, in its sole discretion, utilize whatever form of discipline is deemed appropriate under the circumstances, up to and including termination of employment. PCI’s policy of progressive discipline in no way limits or alters the at-will employment relationship.
9.3 VOLUNTARY TERMINATION
If you find it necessary to resign from employment, you are requested to give advance notice in writing to your supervisor or manager specifying the last day you will be at work. This date will be considered the effective date of your resignation. All employees are asked to give at least two (2) weeks’ advance notice of the effective date of a resignation, whenever practicable. PCI reserves the right to advance the effective date of resignation up to and including the date notice is given. PCI does not provide pay in lieu of notice.
An employee who fails to report to work for three consecutively scheduled workdays without notice to, or approval by his/her supervisor or manager, will be deemed to have abandoned his/her position and voluntarily resigned his/her employment.
9.4 RETURN OF COMPANY PROPERTY
Upon termination of employment, employees are responsible for returning all Company- owned property and equipment. This obligation applies to all Company- owned property in an employee’ s possession or under his/her control, including but not limited to:
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Equipment Pagers
Signage Mobile Phones
Tickets Walkie Talkies
Identification Badge Uniforms
Keys/Keycards PCI Paperwork and Documents
All Company- owned property must be returned by employees on or before their last day of work. PCI will take all legal and appropriate actions to recover or protect its property.
9.5 EMPLOYMENT REFERENCES
All employment related reference requests should be directed to the Human Resource Department. Other PCI employees should not provide any information regarding current or former employees to any outside agency, organization, institution or person who is not employed by PCI. Any employee who receives a request for any information concerning a past or present employee of PCI should refer the person making the request to the Human Resources Department:
Parking Concepts, Inc.
Human Resources Department
12 Mauchly, Building I
Irvine, California 92618
Tel.: (949) 753-7525
Fax: ( 949) 450-2536
PCI’s policy as to references for employees and former employees is to disclose only dates of employment and title of the last position held, unless PCI is required by law to disclose additional information. If an employee authorizes disclosure of wage information in writing, PCI will also provide information regarding an employee’ s last salary or wage rate.
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EMPLOYEE ACKNOWLEDGMENT AND AT-WILL EMPLOYMENT AGREEMENT
1. Acknowledgment of Receipt of Employee Handbook.
a) My signature below acknowledges that I have received a copy of the Parking Concepts, Inc. / Transportation Concepts Employee Handbook dated November 2019 ( the “ Handbook”). I understand that Transportation Concepts is a division of PCI, that employees of Transportation Concepts are employees of PCI, and that the Handbook applies to all PCI employees. I understand and agree that it is my responsibility as a PCI employee to read and familiarize myself with the policies and procedures contained in the Handbook. b) I understand that the Handbook summarizes PCI’s current policies, practices and benefits, and that PCI retains the right to add, change, or delete the provisions of the Handbook at any time, with or without notice. The only provisions of the Handbook that cannot be changed by PCI, in its discretion, are the At-Will Employment policy, the At-Will Employment Agreement ( set forth below) and the Mutual Agreement to Arbitrate Claims.
2. At-Will Employment Agreement.
a) I understand and agree that my employment with PCI ( including, as applicable, my employment with PCI’s Transportation Concepts division) is strictly at-will and that nothing in the Handbook creates or is intended to create an express or implied contract of continued employment, termination “ for cause,” or any other guarantee of employment or continued benefits. I understand that I have the right to terminate my employment with PCI at any time, with or without cause and with or without notice. I further understand and agree that PCI has the right to transfer, reassign, suspend, demote or terminate me from employment at any time, with or without cause and with or without notice.
b) I understand that except for this At-Will Employment Agreement, the At-Will Employment policy, and the Mutual Agreement to Arbitrate Claims, any and all of PCI’s policies or practices can be changed at any time by PCI, in its sole discretion. PCI reserves the right to change my hours, wages and working conditions at any time.
I understand and agree that other than the President of PCI, no manager, supervisor or representative of PCI has authority to enter into any agreement, express or implied, guaranteeing me employment for any specific period of time, or to make any agreement for employment other than at-will employment. Only the President has the authority to make any such agreement and then only in an express, written agreement signed by the President of PCI.
c) My signature below certifies that I understand that the foregoing agreement as to at-will status is the sole and entire agreement between PCI and me concerning the duration of my employment and the circumstances under which my employment may be terminated. It supersedes all prior agreements, understandings and representations concerning my employment with PCI.
Employee’ s Signature ______________________________ Date _________________ Print Name ______________________________________
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MUTUAL AGREEMENT TO ARBITRATE CLAIMS
I recognize that disputes may arise between Parking Concepts, Inc. (including but not limited to its Transportation Concepts division) ( collectively, the “ Company"), and me both during or following my employment with the Company, and that those differences may or may not be related to my employment. I understand and agree that by entering into this Mutual Agreement to Arbitrate Claims (" Agreement"), I anticipate gaining the benefits of a speedy, impartial, final and binding dispute resolution procedure.
Except as provided in this Agreement, the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings pursuant to this Agreement. To the extent that the Federal Arbitration Act is inapplicable, or held not to require arbitration of a particular claim or claims, the arbitration law of the state in which I work or last worked for the Company shall apply.
Claims Covered by the Agreement
The Company and I mutually consent to the resolution by final and binding arbitration of all claims or controversies (" claims"), past, present or future, whether or not arising out of my employment ( or its termination), that the Company may have against me or that I may have against any of the following: ( 1) the Company, ( 2) its officers, directors, employees or agents in their capacity as such or otherwise, ( 3) the Company’ s parent, subsidiary and affiliated entities, ( 4) the Company’ s benefit plans or the plans’ sponsors, fiduciaries, administrators, affiliates and agents, and/or (5) all successors and assigns of any of them.
The only claims that are arbitrable are those that are justiciable under applicable state or federal law (“Arbitrable Claims”). Arbitrable Claims include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract or covenant ( express or implied); tort claims; common law claims; claims for discrimination, harassment and/or retaliation ( including, but not limited to, on the basis of race, sex, sexual orientation, religion, national origin, age, marital status, physical or mental disability, or medical condition); claims for benefits ( except claims under an employee benefit or pension plan that either ( 1) specifies that its claims procedure shall culminate in an arbitration procedure different from this one, or ( 2) is underwritten by a commercial insurer which decides claims); and claims for violation of any federal, state, or local law, statute, regulation, or ordinance, including but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Family and Medical Leave Act; the Age Discrimination in Employment Act; the Equal Pay Act; the Fair Labor Standards Act; the California Fair Employment and Housing Act, the California Family Rights Act, the California Labor Code, and the California Business and Professions Code. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this Agreement.
The Company and I agree that neither of us shall initiate or prosecute any lawsuit or administrative action in any way related to any Arbitrable Claims. Arbitrable Claims do not include the claims discussed in the section of this Agreement entitled “ Claims Not Covered by the Agreement.” Claims Not Covered by the Agreement
This Agreement does not prohibit the filing of the following: ( 1) a court action for temporary equitable relief in aid of arbitration, where such an action is otherwise available by law; ( 2) an administrative charge to any state or local equal employment opportunity or fair employment practices agency; ( 3) an administrative charge to the National Labor Relations Board; ( 4) an agency charge or complaint to exhaust an administrative remedy; ( 5) any other charge filed with or communication to a federal, state or local government office, official or agency; or (6) any claim precluded from arbitration by any federal or state statute that is not preempted by the FAA. This Agreement also does not prohibit the filing of an administrative wage claim with and seek a Berman Hearing before the California Labor Commissioner, although the appeal of a decision arising from such hearing is covered by the Agreement.
Claims for workers' compensation or unemployment compensation benefits are not covered by this Agreement. 2458.100 / 15502430. 1 75
For employees who are represented by a union, claims that are subject to the grievance and arbitration provisions of the applicable collective bargaining agreement are also not covered by this Agreement.
Class Action, Collective, and Representative Action Waiver Under this Agreement, I retain the right to bring Arbitrable Claims for myself as an individual and only for myself.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, I HEREBY WAIVE ANY RIGHT TO BRING ON BEHALF
OF PERSONS OTHER THAN MYSELF, OR TO OTHERWISE PARTICIPATE WITH OTHER PERSONS IN, ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The Company and I agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of the Company, me, and all parties to any such arbitration or proceeding. Once appointed, the arbitrator may not consolidate more than one person’ s claims, and may not otherwise preside over any form of class, collective, or representative proceeding. I further understand that, notwithstanding this provision, I retain the right to engage in concerted activity protected by Section 7 of the National Labor Relations Act.
PAGA Claims
The Company and I agree that any individual claims that I may have under the California Labor Code Private Attorneys General Act of 2004, California Labor Code section 2698 et seq. (“PAGA”), are Arbitrable Claims. In accordance with current California law, non-individual claims under PAGA are not Arbitrable Claims.
If non-individual claims under PAGA are pursued in Court together with individual claims under PAGA, I agree that the individual claims under PAGA will be bifurcated and ordered to arbitration, and that the non-individual claims under PAGA will be stayed by the Court pending resolution of the individual claims under PAGA, unless or until I lose standing to pursue the non-individual claims under PAGA. If at any time non-individual claims under PAGA are found to be subject to class, collective, and/or representative action waivers under controlling California or Federal authority while the non-individual claims under PAGA are still pending before the Court, I agree that the non-individual claims under PAGA will be dismissed in their entirety pursuant to the Class, Collective, and Representative Action Waiver set forth above.
Time Limits for Commencing Arbitration and Required Notice of All Claims Written notice to the Company, or its officers, directors, employees or agents, shall be sent to the Company’ s President at the Company’ s corporate headquarters, 12 Mauchly Ste. I, Irvine, California 92618. I will be given written notice at the last address recorded in my personnel file.
The written notice shall identify and describe the nature of all claims asserted, the facts upon which such claims are based and the relief or remedy sought. The notice shall be sent to the other party by certified or registered mail, return receipt requested.
The time limit for serving notice of a claim shall be the statute of limitations under state or federal law, as applicable.
Representation
Any party may be represented by an attorney or other representative selected by the party.
Discovery
Each party shall have the right to take depositions of three fact witnesses and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party and to subpoena documents from third parties. Requests for additional depositions or discovery may be made to the Arbitrator selected pursuant to this Agreement. The Arbitrator may grant such additional discovery if the Arbitrator finds that the party has demonstrated that it needs that discovery to adequately arbitrate the claim, taking into account the parties’ mutual desire to have a fast, cost- effective dispute- resolution mechanism. 2458.100 / 15502430. 1 76
Designation of Witnesses
At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any experts, and copies of all exhibits intended to be used at the arbitration.
Subpoenas
Each party shall have the right to subpoena witnesses ( including third party witnesses) and documents. The Arbitrator shall have the authority to compel discovery from the parties and from third parties in accordance with California Code of Civil Procedure section 1285.05, which is incorporated herein by reference.
Place of Arbitration
The arbitration shall take place in the county in which I am or was last employed by the Company and no dispute regarding any Arbitrable Claims shall be adjudicated in any other venue or forum.
Arbitration Procedures
The arbitration will be held under the auspices of Judicial Arbitration & Mediation Services (“ JAMS”). The arbitration shall be in accordance with JAMS’ Employment Arbitration Rules & Procedures ( and no other JAMS rules), which are currently available at:
https:// www.jamsadr. com/rules-employment- arbitration/ I understand that the Company will supply me with a copy of those rules upon my request. The Arbitrator shall be either a retired judge, or an attorney who is experienced in employment law and licensed to practice law in the state in which the arbitration is convened ( the “Arbitrator”), selected pursuant to JAMS rules or by mutual agreement of the parties.
The Arbitrator shall apply the substantive law ( and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim(s) asserted. The Arbitrator is without jurisdiction to apply any different substantive law or law of remedies. The Federal Rules of Evidence shall apply. The arbitration shall be final and binding upon the parties, except as provided in this Agreement.
The Arbitrator shall have jurisdiction to hear and rule on pre-hearing disputes and is authorized to hold prehearing conferences by telephone or in person, as the Arbitrator deems advisable. The Arbitrator shall have the authority to entertain a motion to dismiss and/or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure.
Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings.
Should any party refuse or neglect to appear for, or participate in, the arbitration hearing, the Arbitrator shall have the authority to decide the dispute based upon whatever evidence is presented.
Either party upon its request shall be given leave to file a post-hearing brief. The time for filing such a brief shall be set by the Arbitrator.
The Arbitrator shall render an award and written opinion in the form typically rendered in labor arbitrations no later than thirty (30) days from the date the arbitration hearing concludes or the post-hearing briefs (if requested) are received, whichever is later. The opinion shall include the factual and legal basis for the award.
Arbitration Fees and Costs
The Company will be responsible for paying any filing fee and the fees and costs of the Arbitrator; provided, however, that if I am the party initiating the claim, I will contribute an amount equal to the filing fee to initiate a claim in the court of general jurisdiction in the state in which I am (or was last) employed by the Company. Each party shall pay in the first instance its own litigation costs and attorneys’ fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party attorneys’ fees and litigation costs, or if there is a written agreement providing for attorneys’ fees and/or litigation costs, the Arbitrator shall rule upon a motion for 2458.100 / 15502430. 1 77
attorneys’ fees and/or litigation costs under the same standards a court would apply under the law applicable to the claim( s) at issue.
Reconsideration and Review
The Arbitrator shall issue his/her decision in writing. Either party shall have the right, within twenty ( 20) days of issuance of the Arbitrator’ s decision, to file with the Arbitrator ( and the Arbitrator shall have jurisdiction to consider and rule upon) a motion to reconsider ( accompanied by a supporting brief), and the other party shall have twenty 20) days from the date of the motion to respond. The Arbitrator thereupon shall reconsider the issues raised by the motion and, promptly, either confirm or change the decision, which (except as provided by law) shall then be final and conclusive upon the parties.
Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award.
Interstate Commerce
I understand and agree that the Company is engaged in transactions involving interstate commerce.
Requirements for Revocation
This Agreement to arbitrate shall survive the termination of my employment and the expiration of any benefit plan. It can only be revoked by a writing signed by both the Company’ s President ( or, if none, its highest- ranking official) and me, specifically stating an intent to revoke this Agreement.
Sole and Entire Agreement
This is the complete agreement of the parties on the subject of arbitration of disputes, except for any arbitration agreement in connection with any pension or benefit plan. This Agreement supersedes any prior or contemporaneous oral or written understandings on the subject. No party is relying on any representations, oral or written, on the subject or the effect, enforceability or meaning of this Agreement, except as specifically set forth in this Agreement.
Construction and Severability
If any provision of this Agreement is adjudged to be void or otherwise unenforceable, in whole or in part, such adjudication shall not affect the validity of the remainder of the Agreement. All other provisions shall remain in full force and effect based on the parties' mutual intent to create a binding agreement to arbitrate their disputes.
Consideration
The promises by the Company and by me to arbitrate any claims asserted against each other, rather than litigate them before courts or other bodies, provide consideration for our agreement to arbitrate.
At-Will Employment
This Agreement is not, and shall not be construed to create, a contract of employment for any specified term, express or implied. This Agreement does not in any way alter the "at will" status of my employment.
Voluntary Agreement
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT, THAT I UNDERSTAND ITS
TERMS, THAT ALL UNDERSTANDINGS AND AGREEMENTS BETWEEN THE COMPANY AND ME
RELATING TO THE SUBJECTS COVERED IN THE AGREEMENT ARE CONTAINED IN IT, AND THAT I HAVE
ENTERED INTO THE AGREEMENT VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR
REPRESENTATIONS BY THE COMPANY OTHER THAN THOSE CONTAINED IN THIS AGREEMENT ITSELF.
I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP MY RIGHT TO A JURY TRIAL WITH RESPECT TO ARBITRABLE CLAIMS. I FURTHER ACKNOWLEDGE THAT I HAVE BEEN GIVEN THE 2458.100 / 15502430. 1 78
OPPORTUNITY TO DISCUSS THIS AGREEMENT WITH MY PRIVATE LEGAL COUNSEL AND HAVE AVAILED MYSELF OF THAT OPPORTUNITY TO THE EXTENT I WISH TO DO SO.
EMPLOYEE
Signature of Employee ____________________________________ Printed Name of Employee ____________________________________ Date ____________________________________
ACKNOWLEDGED AND AGREED:
PARKING CONCEPTS, INC.
Signature of Authorized
Company Representative _______________________________________ Print Name of Representative ____________________________________ Date ____________________________________
Proposal to the City of Redondo Beach
Operation and Maintenance of Beach Cities Transit