195264.1
Consultant under this Agreement exceed the sum of fifty thousand dollars ($50,000.00) unless specifically approved in advance and in writing by City.
Consultant shall notify the City Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the maximum amount payable above.
5.3 Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).
5.4 Consultant represents that it has advised City in writing prior to the date of signing this Agreement of any known relationships with third parties, City Council Members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
5.5 During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.
5.6 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Paul Junker shall be the Consultant Project Administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.
No other person shall serve as Consultant Project Administrator without City’s prior written consent.
5.7 This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
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5.8 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the City Agreement Administrator and their billing rates identified in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subconsultants (including labor) only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.
5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.
5.10 This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Consultant acknowledges that prevailing wage determinations are available for the performance of inspection and survey work.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. Each invoice shall identify the maximum amount payable above, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the invoice.
6.3 The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
6.4 Payments for any services requested by City and not included in the Scope of Services may be made to Consultant by City on a time-and-materials basis pursuant 12-30
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to the Approved Fee Schedule and without amendment of this Agreement, so long as such payment does not cause the maximum amount payable above to be exceeded.
7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
Under no circumstances shall Consultant look to the City as its employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.
9. AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its City Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the request of the City Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.
10. INDEMNIFICATION
10.1 The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any 12-31
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other cost arising out of or in any way related to the performance of this Agreement.
Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.
10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a deposit for the defense of, and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs and expenses shall include reasonable attorneys’ fees due to counsel of City’s choice, expert fees and all other expenses of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
10.3 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 10 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
10.4 The obligations of Consultant under this Section 10 of this Agreement are not limited by the provisions of any workers’ compensation or similar statute.
Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.
10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in Section 10 of this Agreement from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, 12-32
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reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
10.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.
10.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.
11. INSURANCE
11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.
11.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured. 12-33
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11.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:
11.3.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.
11.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.
11.3.3 Worker’s Compensation insurance if and as required by the laws of the State of California.
11.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000).
11.4 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the City Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.
11.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
11.6 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.
11.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.
11.8 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with 12-34
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other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
11.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
11.10 The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
11.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or self-insured retention to guarantee payment of losses and expenses.
11.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.
11.14 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.
11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.
11.14.2 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
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11.15 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.
12. MUTUAL COOPERATION
12.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
12.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.
13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.
14. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
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15. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City:
Joanna Hankamer
City of South Pasadena
Planning and Building
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 403-7220
Facsimile: (626) 403-7241
If to Consultant:
Jim Ross
Interwest Consulting Group, Inc.
15140 Transistor Lane
Huntington Beach, CA 92649
Telephone: (714) 899-9039 Phone
With courtesy copy to:
Teresa L. Highsmith, City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd, Suite 850
Pasadena, California 91101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710
17. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2 and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.
18. TERMINATION
17.1. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant may terminate this Agreement for any reason on 12-37
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thirty calendar days’ written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
All City data, documents, objects, materials or other tangible things shall be promptly returned to City upon the termination or expiration of this Agreement.
17.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Section 5.2 above and as otherwise provided in this Agreement.
18. GENERAL PROVISIONS
18.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis.
18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).
18.4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.
18.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant. 12-38
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18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
18.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
18.8 This Agreement shall be governed and construed in accordance with the laws of the State of California.
18.9 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.
18.10 Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national 12-39
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origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City” “Consultant”
City of South Pasadena Interwest Consulting Group, Inc.
By:__________________________ By:_______________________________ Stephanie DeWolfe, City Manager Jim Ross, Public Works Group Leader Date:______________________ Date: June 3, 2020 _
Attest:
By
Date:_______________________
Approved as to form:
By__________________________________
Teresa L. Highsmith, City Attorney
Date: __________________________
195264.1
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"EXHIBIT A"
SCOPE OF WORK
A-1
195264.1
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EXHIBIT A
SCOPE OF WORK
Upon authorization from the City and under the supervision of City Staff, Consultant shall provide planning services for managing and expediting planning applications. Tasks shall include, but not limited to the following:
• Application Completeness Review. As required under the Permit Streamlining Act, Consultant shall prepare a completeness review letter within 30 days of the City’s receipt of application. The letter shall be provided to the City for review and approval prior to 30-day deadline.
• Application Routing. Within three (3) days of Project Initiation, the Consultant shall organize application materials for routing to City departments and affected agencies.
The purposes of this routing are to 1) allow departments and agencies to review materials and to identify materials required for a complete application and 2) provide all City department and affected agencies an early look at the project to begin to identify any key issues of concern or additional information required of the applicants.
Consultant will circulate materials electronically to departments and affected agencies on the City’s standard routing form.
• Coordination and Communication. Consultant shall coordinate the review of entitlement applications with City staff and the applicant team. This will include scheduling of meetings to review project materials, circulation of work products to appropriate parties, maintaining log of project schedule, and other efforts as required. • Site Visit: If required for a specific project, Consultant shall conduct site visit(s). • Code and Design Conformance: Consultant shall review, analyze, and evaluate project for consistency with the General Plan and compliance with the Zoning Code/ Specific Plan, Cultural Heritage Ordinance, Secretary of the Interior’s Standards, and Design Guidelines. Consultant shall prepare comment/correction letter providing recommends for compliance with standards and guidelines for City review within two (2) weeks of submittal (or resubmittal).
• CEQA: Review project for conformance with the California Environmental Quality Act (CEQA) and prepare appropriate environmental document as needed.
Environmental documents, including, but not limited to, Initial Studies and Negative Declarations, notices, and response to comments as required by CEQA. If required, Consultant shall review for adequacy any Mitigated Negative Declaration or Environmental Impact Report, response to comments, and all related documents prepared by other consultants for the project.
• Technical Studies: Consultant shall review the adequacy of all technical studies (Historic Resource Evaluation Report, Biological Survey, Traffic Impact Analysis, etc.) related to the project.
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• Tribal Consultations. If required for a specific project, the Consultant shall prepare all appropriate documents and conduct tribal consultations. • Community Outreach. If required for a specific application, Consultant shall develop outreach strategies and participate in and/or facilitate the outreach events. Deliverables may include: written analysis of finding and recommendations; graphics, charts, photographs, and electronic presentations; and handouts and presentations. Consultant shall prepare meeting summary and incorporate in the reports to the Planning Commission, Cultural Heritage Commission, Design Review Board, and/or City Council.
• Public Notices: Consultant shall prepare all public hearing notices (newspaper, postcard, on-site notices) for the project.
• Commission/Board/City Council Review. Consultant shall prepare the complete packets for Planning Commission, Cultural Heritage Commission, Design Review Board, and/or City Council hearings that include, but may not be limited to: staff report, conditions of approval, CEQA determination, resolution(s) and/or ordinance, associated project exhibits, and meeting presentation. These materials will be organized and presented in a form and format consistent with City practices and shall be submitted consistent with the City schedule. If an applicant’s project materials will not be available on schedule for timely delivery of a meeting packet, the Consultant shall consult with the City prior to deadlines to determine how to proceed. Consultant shall be available to consult with City staff prior to the public hearing and shall present the project to for consideration, unless decided otherwise by the City. If a project is appealed, Consultant shall be available to process the appeal. • Closeout of Application: Upon final action, Consultant shall prepare decision letters, final conditions of approval, notice of exemption/determination, other associated documents, and provide electronic stamped approved plans. Consultant shall provide an organized project file with all key documents at closeout (hardcopy and digital). 12-43
"EXHIBIT B"
FEE SCHEDULE
B-1
195264.1
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Exhibit B
Fee Schedule
Interwest Consulting Group
Hourly Rates
The rates displayed in the fee schedule below reflect Interwest’s current fees. Hourly rates are typically reviewed yearly on July 1 and may be subject to revision unless under specific contract obligations. In addition, there is no charge for shipping, supply or material costs.
Classification Hourly Billing Rate
Senior Advisor....................................................................................................................................$165 Principal Planner................................................................................................................................$150 Senior Planner .................................................................................................................................. $140 Associate Planner .............................................................................................................................. $125 Assistant Planner.............................................................................................................................. $100 12-45
Professional Services Agreement
(City of South Pasadena / Interwest Consulting Group, Inc.) 195264.1
NON-COLLUSION DECLARATION
TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the ____________________ of ____________________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.
The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________________[date], at ____________________________[city], __________________[state].” __________________________________________
Signature
__________________________________________
Printed Name of Signatory
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Professional Services Agreement
(City of South Pasadena / Interwest Consulting Group, Inc.) 195264.1
WORKERS’ COMPENSATION
INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
DATE: ______________________ __________________________________________ Contractor
By: __________________________________________
Signature
__________________________________________
Title
Attest:
By: __________________________________________
Signature
__________________________________________
Title
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ATTACHMENT 3
Professional Services Agreement
MIG, Inc.
12-48
Professional Services Agreement
(City of South Pasadena /MIG, Inc.)
195264.1
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES (City of South Pasadena / MIG, Inc.)
1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of South Pasadena, a California municipal corporation (“City”), and MIG, Inc., a California corporation (“Consultant”) (collectively, “parties”).
2. RECITALS
2.1 City has determined that it requires the following professional services from a consultant: As-needed, per-project basis, for expeditious review of development projects
2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:
3. DEFINITIONS
3.1 “Scope of Services” means such professional services as are set forth in Consultant’s Scope of Work to City attached hereto as “Exhibit A” and fully incorporated herein by this reference and as described below:
3.1.1 Consultant shall be required to enter into an Engagement Letter for each project for which Consultant is selected to provide services.
3.1.2 Engagement Letters shall define the scope of the work for the specific project, estimated schedule for completion, and estimated not-to-exceed cost for completing the project. Engagement Letters shall identify tasks to be performed and anticipated hours for each tasks.
3.1.3 Consultant acknowledges that the cost for services provided pursuant to any Engagement Letter shall be no greater than the not-to-exceed total compensation for the project unless the City has given specific advance approval in writing.
3.1.4 Consultant shall notify the City Agreement Administrator, in writing, when 12-49
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fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the maximum amount provided in the Engagement Letters.
3.1.5 At the time of entering into an Engagement Letter, the Consultant shall be required to furnish: 1) a copy of the Consultant’s current City of South Pasadena Business License, and 2) a current Certificate of Liability Insurance and Additional Insured Endorsement.
3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Fee Schedule attached hereto as “Exhibit B” and fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.
3.3 “Commencement Date” means June 18, 2020.
3.4 “Termination Date” means December 31, 2020.
3.5 “City Agreement Administrator” means Joanna Hankamer, Director of Planning and Community Development.
3.6 “Consultant Project Administrator” means Rick Zimmer.
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 18 (“Termination”) below.
5. CONSULTANT’S SERVICES
5.1 Time is of the essence in Consultant’s performance of services under this Agreement.
5.2 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to 12-50
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Consultant under this Agreement exceed the sum of fifty thousand dollars ($50,000.00) unless specifically approved in advance and in writing by City.
Consultant shall notify the City Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the maximum amount payable above.
5.3 Consultant shall perform all work to the highest standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).
5.4 Consultant represents that it has advised City in writing prior to the date of signing this Agreement of any known relationships with third parties, City Council Members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.
5.5 During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.
5.6 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Rick Zimmer shall be the Consultant Project Administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.
No other person shall serve as Consultant Project Administrator without City’s prior written consent.
5.7 This Agreement covers professional services of a specific and unique nature.
Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.
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5.8 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the City Agreement Administrator and their billing rates identified in the Approved Fee Schedule, Exhibit B. City shall pay Consultant for work performed by its subconsultants (including labor) only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit B. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.
5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.
5.10 This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Consultant acknowledges that prevailing wage determinations are available for the performance of inspection and survey work.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. Each invoice shall identify the maximum amount payable above, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the invoice.
6.3 The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.
6.4 Payments for any services requested by City and not included in the Scope of Services may be made to Consultant by City on a time-and-materials basis pursuant 12-52
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to the Approved Fee Schedule and without amendment of this Agreement, so long as such payment does not cause the maximum amount payable above to be exceeded.
7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material, and all electronic files, including computer-aided design files, developed by Consultant in the performance of this Agreement (such written material and electronic files are collectively known as “written products”) shall be and remain the property of City without restriction or limitation upon its use or dissemination by City except as provided by law. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant.
8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.
Under no circumstances shall Consultant look to the City as its employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.
9. AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its City Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the request of the City Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.
10. INDEMNIFICATION
10.1 The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any 12-53
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other cost arising out of or in any way related to the performance of this Agreement.
Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.
10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a deposit for the defense of, and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs and expenses shall include reasonable attorneys’ fees due to counsel of City’s choice, expert fees and all other expenses of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been non-negligent.
10.3 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 10 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
10.4 The obligations of Consultant under this Section 10 of this Agreement are not limited by the provisions of any workers’ compensation or similar statute.
Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.
10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in Section 10 of this Agreement from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, 12-54
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reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
10.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.
10.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.
11. INSURANCE
11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.
11.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured. 12-55
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11.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:
11.3.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.
11.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.
11.3.3 Worker’s Compensation insurance if and as required by the laws of the State of California.
11.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000).
11.4 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the City Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.
11.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
11.6 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.
11.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.
11.8 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with 12-56
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other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.
11.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
11.10 The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.
11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
11.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or self-insured retention to guarantee payment of losses and expenses.
11.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.
11.14 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.
11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.
11.14.2 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.
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11.15 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.
12. MUTUAL COOPERATION
12.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.
12.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.
13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.
14. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.
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15. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.
16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).
If to City:
Joanna Hankamer
City of South Pasadena
Planning and Building
1414 Mission Street
South Pasadena, CA 91030
Telephone: (626) 403-7220
Facsimile: (626) 403-7241
If to Consultant:
Rick Zimmer
MIG, Inc.
109 W. Union Avenue
Fullerton, California 92832
Telephone: (714) 779-1158
With courtesy copy to:
Teresa L. Highsmith, City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd, Suite 850
Pasadena, California 91101
Telephone: (213) 542-5700
Facsimile: (213) 542-5710
17. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2 and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.
18. TERMINATION
17.1. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant may terminate this Agreement for any reason on 12-59
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thirty calendar days’ written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
All City data, documents, objects, materials or other tangible things shall be promptly returned to City upon the termination or expiration of this Agreement.
17.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Section 5.2 above and as otherwise provided in this Agreement.
18. GENERAL PROVISIONS
18.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.
18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis.
18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).
18.4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.
18.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant. 12-60
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18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
18.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
18.8 This Agreement shall be governed and construed in accordance with the laws of the State of California.
18.9 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.
18.10 Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.
Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national 12-61
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origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement as of the last date indicated below:
“City” “Consultant”
City of South Pasadena MIG, Inc.
By:__________________________ By:_______________________________ Stephanie DeWolfe, City Manager Steve Lang, Principal
Date:______________________ Date:_________________________ Attest:
By
Date:_______________________
Approved as to form:
By__________________________________
Teresa L. Highsmith, City Attorney
Date: __________________________
6/4/2020
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“EXHIBIT A”
SCOPE OF WORK
A-1
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EXHIBIT A
SCOPE OF WORK
Upon authorization from the City and under the supervision of City Staff, Consultant shall provide planning services for managing and expediting planning applications. Tasks shall include, but not limited to the following:
• Application Completeness Review. As required under the Permit Streamlining Act, Consultant shall prepare a completeness review letter within 30 days of the City’s receipt of application. The letter shall be provided to the City for review and approval prior to 30-day deadline.
• Application Routing. Within three (3) days of Project Initiation, the Consultant shall organize application materials for routing to City departments and affected agencies.
The purposes of this routing are to 1) allow departments and agencies to review materials and to identify materials required for a complete application and 2) provide all City department and affected agencies an early look at the project to begin to identify any key issues of concern or additional information required of the applicants.
Consultant will circulate materials electronically to departments and affected agencies on the City’s standard routing form.
• Coordination and Communication. Consultant shall coordinate the review of entitlement applications with City staff and the applicant team. This will include scheduling of meetings to review project materials, circulation of work products to appropriate parties, maintaining log of project schedule, and other efforts as required. • Site Visit: If required for a specific project, Consultant shall conduct site visit(s). • Code and Design Conformance: Consultant shall review, analyze, and evaluate project for consistency with the General Plan and compliance with the Zoning Code/ Specific Plan, Cultural Heritage Ordinance, Secretary of the Interior’s Standards, and Design Guidelines. Consultant shall prepare comment/correction letter providing recommends for compliance with standards and guidelines for City review within two (2) weeks of submittal (or resubmittal).
• CEQA: Review project for conformance with the California Environmental Quality Act (CEQA) and prepare appropriate environmental document as needed.
Environmental documents, including, but not limited to, Initial Studies and Negative Declarations, notices, and response to comments as required by CEQA. If required, Consultant shall review for adequacy any Mitigated Negative Declaration or Environmental Impact Report, response to comments, and all related documents prepared by other consultants for the project.
• Technical Studies: Consultant shall review the adequacy of all technical studies (Historic Resource Evaluation Report, Biological Survey, Traffic Impact Analysis, etc.) related to the project.
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• Tribal Consultations. If required for a specific project, the Consultant shall prepare all appropriate documents and conduct tribal consultations. • Community Outreach. If required for a specific application, Consultant shall develop outreach strategies and participate in and/or facilitate the outreach events. Deliverables may include: written analysis of finding and recommendations; graphics, charts, photographs, and electronic presentations; and handouts and presentations. Consultant shall prepare meeting summary and incorporate in the reports to the Planning Commission, Cultural Heritage Commission, Design Review Board, and/or City Council.
• Public Notices: Consultant shall prepare all public hearing notices (newspaper, postcard, on-site notices) for the project.
• Commission/Board/City Council Review. Consultant shall prepare the complete packets for Planning Commission, Cultural Heritage Commission, Design Review Board, and/or City Council hearings that include, but may not be limited to: staff report, conditions of approval, CEQA determination, resolution(s) and/or ordinance, associated project exhibits, and meeting presentation. These materials will be organized and presented in a form and format consistent with City practices and shall be submitted consistent with the City schedule. If an applicant’s project materials will not be available on schedule for timely delivery of a meeting packet, the Consultant shall consult with the City prior to deadlines to determine how to proceed. Consultant shall be available to consult with City staff prior to the public hearing and shall present the project to for consideration, unless decided otherwise by the City. If a project is appealed, Consultant shall be available to process the appeal. • Closeout of Application: Upon final action, Consultant shall prepare decision letters, final conditions of approval, notice of exemption/determination, other associated documents, and provide electronic stamped approved plans. Consultant shall provide an organized project file with all key documents at closeout (hardcopy and digital). 12-65
“EXHIBIT B”
FEE SCHEDULE
B-1
195264.1
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EXHIBIT B
CITY OF SOUTH PASADENA
MIG FEE SCHEDULE
HOURLY RATES BY POSITION‘
Total estimated fees for any specific assignment will be developed for each assignment and submitted for approval by the City. These fees will be based on the following hourly rate for the MOIG staff specifically assigned to a project.
MIG TEAM MEMBER YEAR 1 YEAR 2 YEAR 3 OPTIONAL EXTENSION PERIOD Principal-In-Charge $200 per hour
Director of Planning $180 per hour
Senior Planner $150 per hour
Senior Associate Planner $130 per hour
Associate Planner $110 per hour
Assistant Planner $90 per hour
Administrative $75 per hour
Applicable project-related expenses will be charged at cost plus 15%. 12-67
Professional Services Agreement
(City of South Pasadena / MIG, Inc.)
195264.1
NON-COLLUSION DECLARATION
TO BE EXECUTED BY
BIDDER AND SUBMITTED WITH BID
The undersigned declares:
I am the ____________________ of ____________________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham.
The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true.
The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ___________________[date], at ____________________________[city], __________________[state].” __________________________________________
Signature
__________________________________________
Printed Name of Signatory
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Professional Services Agreement
(City of South Pasadena / MIG, Inc.)
195264.1
WORKERS’ COMPENSATION
INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
DATE: ______________________ __________________________________________ Contractor
By: __________________________________________
Signature
__________________________________________
Title
Attest:
By: __________________________________________
Signature
__________________________________________
Title
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City Council
Agenda Report ITEM NO. ____
DATE: June 17, 2020
FROM: Stephanie DeWolfe, City Manager
PREPARED BY: Lucy Demirjian, Assistant to the City Manager SUBJECT: Approval of an Amendment to the Amended and Restated Agreement with Acorn Technology to Extend Term of Agreement for One Year for Information Technology Services
Recommendation
It is recommended that the City Council approve an Amendment to the Amended and Restated Agreement with Acorn Technology (Acorn) to extend the term of services for one additional year, through June 2021, for the maintenance and continuity of Information Technology (IT) Services. All other terms of the contract will remain the same, including hourly rates and not-toexceed total annual maximum amount of $185,200.
Discussion/Analysis
Acorn provides the experience, proficiency and service delivery indispensable to the operation and maintenance of the City’s IT system. Since retaining Acorn, the City has seen significant upgrades and improvements to the IT infrastructure. With the support of Acorn’s team of professionals, the City’s IT system has realized benefits in security and functionality.
The COVID-19 pandemic has highlighted the need for technology and innovation in the public sector. The City was fortunate to have improved its IT systems over the last several years, enabling staff to work remotely and continue to provide valuable services to the community through virtual platforms.
Due to the City’s immediate needs and in order to preserve continuity of services, staff recommends extending the current contract with Acorn for an additional year.
The rates agreed upon in the July 2017 amended and restated agreement will remain in effect through the end of the new contract term (June 30, 2021).
Background
On December 3, 2014, the City Council approved a professional services agreement with Acorn Technology Corporation (Acorn) for IT Services through June 30, 2020. Per Section 2.1 of the agreement, Acorn could propose a rate increase beginning July 1, 2017. Staff worked with Acorn to revise the rate structure in a manner that was amenable to both parties. On July 19, 2017, City 13 13-1
Extended Term for IT Services Contract
June 17, 2020
Council approved an amended and restated agreement to bring the agreement in closer alignment with standard language in current City professional services agreements and clarify language in order to best meet the needs of the organization.
Extending the contract would continue the level of service the City currently receives including a dedicated on-site IT Analyst (120 hrs/month), and remote resources including IT Manager (60 hrs/month) and helpdesk support team (180 hrs/month). Acorn provides a team of professionals with the depth and breadth of technical skills and expertise that could not be replicated in house for the same cost.
In addition to its 24/7/365 client help desk support, desktop technician support, network administration, system administration and maintenance, Acorn has offered its expertise to develop, implement and support projects citywide, including:
• reviewing and assessing all hardware and software;
• creating a five-year replacement schedule for computer equipment purchasing; • configuring and implementing a virtualized server system; • ensuring system requirements met for various software upgrades; • assisting with consolidation of multi-function printers; • upgrading the police network to meet Department of Justice standards; • acquiring understanding of sensitive law enforcement application systems; • playing a critical role in the upgrade of the detectives unit and dispatch center; • facilitating implementation of high-speed broadband connectivity at the Public Library; • assisting in the evaluation of the City’s telecom system.
Next Steps
Staff intends to prepare an RFP for IT services for a new contract beginning in 2021.
Fiscal Impact
The proposed FY 2020-21 Budget has appropriated funds for IT services.
Legal Review
The City Attorney has reviewed this item and prepared the Amendment.
Public Notification of Agenda Item
The public was made aware that this item was to be considered this evening by virtue of its inclusion on the legally publicly noticed agenda, posting of the same agenda and reports on the City’s website and/or notice in the South Pasadena Review and/or the Pasadena Star-News. - News.
Attachments:
1. Amendment to Acorn Technology Professional Services Agreement – June 2020
2. Acorn Technology PSA (Amended and Restated) - July 2017 13-2
ATTACHMENT 1
Amendment to Acorn Technology
Professional Services Agreement
June 2020
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AMENDMENT TO
AGREEMENT FOR SERVICES
THIS AMENDMENT (“Amendment”) is made and entered into on the 17th day of June 2020, by and between the CITY OF SOUTH PASADENA (“City”) and ACORN TECHNOLOGY CORPORATION, now known as ACORN TECHNOLOGY SERVICES (“Consultant”).
RECITALS
WHEREAS, in December 2014, the City and Consultant entered into an Agreement to provide information technology (IT) services; and
WHEREAS, on July 16, 2017, the parties entered into an Amended and Restated Agreement; and
WHEREAS, due to COVID-19 pandemic and the need to rely on expanded use of technology to facilitate remote access and meetings, and to preserve continuity of services, the City desires to extend the term of the Amended and Restated Agreement without increase in the existing rates of fees for service.
NOW THEREFORE, THE CITY AND THE CONSULTANT AGREE AS FOLLOWS:
1. Paragraph 4.1 “Term” is amended to state that the Agreement shall remain in effect through June 30. 2021, unless earlier terminated as provided in Section 4.2 herein.
2. Paragraph 2.1 (“Compensation”) is modified to state that the hourly rates set forth in Exhibit A which were applicable on July 1 2017 shall apply through June 2021, with no increase. All other provisions of Paragraph 2.1 remain in effect.
3. PROVISIONS OF AGREEMENT. All other terms, conditions, and provisions of the Amended and Restated Agreement and applicable Side Letter to the extent not modified by this Amendment, shall remain in full force and effect.
TO EFFECTUATE THIS AMENDMENT, the parties have caused their duly authorized representatives to execute this Amendment on the dates set forth below. 13-4
“CITY”
City of South Pasadena
By:________________________________
Signature
Printed:_____________________________
Title:_______________________________
Date:______________________
“CONSULTANT”
Acorn Technology Services
By:________________________________
Signature
Printed:_____________________________
Title:____President____________________
Date:______________________
Attest:
By:__________________________________
Evelyn G. Zneimer, City Clerk
Date:________________________
Approved as to form:
By:__________________________________
Teresa L. Highsmith, City Attorney
Date:________________________
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ATTACHMENT 2
Acorn Technology PSA
(Amended and Restated)
July 2017
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City Council
Agenda Report ITEM NO. ____
DATE: June 17, 2020
FROM: Stephanie DeWolfe, City Manager
PREPARED BY: Lucy Demirjian, Assistant to the City Manager SUBJECT: Consideration of Rescinding Council Action Authorizing Professional Services Agreement with True North Research, Inc., for a Professional Poll
Recommendation Action
The City Council requested this item be agendized to rescind its previous action to authorize the Professional Services Agreement (PSA) with True North Research, Inc. (True North) to design, conduct, and analyze a professional poll.
Discussion/Analysis
On May 6, 2020, staff recommended approval of a PSA with True North to conduct a professional poll to query the residents on expenditure priorities and potential revenue measures to inform upcoming budgets and make every attempt to preserve critical core services. The City Council voted (3, 2) to approve the PSA. In addition several Council members volunteered discretionary fund allocations to pay for a portion of the costs.
On June 10, 2020, Mayor Joe, seconded by Councilmember Cacciotti, made a motion to place an item on the agenda to consider rescinding Council’s previous action approving the PSA.
Legal Review
The City Attorney has reviewed this item.
Fiscal Impact
No fiscal impact.
Public Notification of Agenda Item
The public was made aware that this item was to be considered this evening by virtue of its inclusion on the legally publicly noticed agenda, posting of the same agenda and reports on the City’s website and/or notice in the South Pasadena Review and/or the Pasadena Star-News. 14 14-1
City Council
Agenda Report ITEM NO. ____
DATE: June 17, 2020
FROM: Stephanie DeWolfe, City Manager
PREPARED BY: Michael A. Casalou, Interim Human Resources Manager SUBJECT: Approval of Protocols for Re-Opening and Maintaining a Safe and Healthy Workplace in Light of COVID-19
Recommendation Action
It is recommended that the City Council approve the Protocols for Re-Opening City Facilities to Non-Essential Employees and Maintaining a Safe and Healthy Workplace in Light of COVID-19 and authorizes the City Manager to amend said policies, protocols and guidelines as needed administratively moving forward.
Discussion/Analysis
On March 19, 2020, in response to the public health emergency caused by the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order N-33-20. The Order required that non-essential businesses close and that non-essential governmental employees remain at their home or place of residence and not report to work.
On May 4, 2020, Governor Newsom announced that, beginning on May 8, the state would enter Stage 2 of the State’s Resilience Roadmap and begin the process of reopening. The Governor also announced that counties that attest to meeting certain readiness criteria may advance through Stage 2 more quickly and allow certain businesses, including office-based businesses, to reopen. Counties may also proceed more slowly through the reopening process than the pace set for the state.
As Governor Newsom leads the State through the reopening process on a county-by-county basis, government facilities and worksites, which were closed in compliance with Executive Order N-33-20, may begin reopening and non-essential governmental employees who were subject to the stay-at-home directive may begin returning to work. On May 29, 2020, Los Angeles County received approval to re-open non-essential office based businesses.
In anticipation of the reopening, City of South Pasadena staff have been considering how to safely reopen facilities and worksites and what additional safety measures must be adopted in order to ensure that such facilities and worksites are healthy and safe for employees and members of the public. Given that the threat of COVID-19 remains undiminished, the changes 15 15-1
Approval of Protocols for Re-Opening
June 17, 2020
contemplated in the policies provided herein reflect a “new normal” for governmental operations.
The City’s labor attorneys have prepared these policies, protocols and guidelines that comprise this Re-Opening Plan, in order to help our City reopen our facilities and worksites to employees and the public, and to return non-essential employees to work, while doing so in a safe and thoughtful manner. Some of these policies have already been adopted administratively under emergency procedures. The seven policies included in the Re-Opening Plan include:
Telecommuting Policy, Families First Coronavirus Response Act (FFCRA), Cleaning And Disinfecting The Workplace, Social Distancing And Individual Responsibility In The Workplace, Testing Agency Employees For COVID-19, Temperature Testing And Screening For Symptoms Associated With COVID-19, Use And Disclosure Of Confidential Medical Information Related To COVID-19, and Accommodation Of Employees Who Are At High-Risk of Severe Illness From COVID-19.
Additional Guidance includes: Guidance For Employees On COVID-19 And The “New Normal, “ Employee Social Distancing And Workplace Safety Responsibilities – Do’s And Don’ts of Compliance, Temperature Testing And Symptom Screening Form, and Confidentiality Of Medical Information Act (“CMIA”) Medical Release Form.
Staff anticipates that these polices and guides will be dynamic and might need to be adjusted accordingly from time to time and seeks authorization from the City Council to do so administratively moving forward.
Additionally, a re-opening task force with a representative from each department was created to oversee the migration of staff back to their facilities and help produce consistent practices.
Legal Review
This City’s outside labor counsel from Liebert Cassidy Whitmore provided all of these policies and guidance.
Fiscal Impact
Fiscal impact associated with this re-opening is limited to signage, disinfectant and sanitizers, cleaning supplies, sneeze guards, masks and miscellaneous items to ensure safe work practices.
Public Notification of Agenda Item
The public was made aware that this item was to be considered this evening by virtue of its inclusion on the legally publicly noticed agenda, posting of the same agenda and reports on the City’s website and/or notice in the South Pasadena Review and/or the Pasadena Star-News.
Attachments:
1. Protocols for Re-Opening a Safe and Healthy Workplace 15-2
Protocols for Maintaining a Safe and
Healthy Workplace in Light of COVID-19
June 17, 2020
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TABLE OF CONTENTS
Agency Protocols for Maintaining a Safe and Healthy Workplace In Light Of COVID-19 SECTION ONE: City of South Pasadena City-Wide Policies and Protocols …………...1 Emergency Telecommuting Policy ………………………………………......2
Families First Coronavirus Response Act ……………………....................6 SECTION TWO: Facility/Worksite-Specific Measures …………………………………….17 Fire Station 81. …………………………………………………………….....17
Police Station …………………………………………………………………25
City Hall ………………………………………………………………………..33
Library. …………………………………………………………………………43
Garfield Reservoir …………………………………………………………….54
Public Works Yard …………………………………………………………….63
Community Services Facilities ………………………………………………72
SECTION THREE: Administrative Policy and Protocols …………………………………….81 Policy for Cleaning and Disinfecting the Workplace ………………………81 Policy for Social Distancing and Individual Responsibility in The Workplace ……………………………………………………………………...88
Policy for Testing South Pasadena Employees For Covid-19 …………...94 Policy for Temperature Testing and Screening for Symptoms Associated With Covid-19 ……………………………………………………98
Policy for the Use and Disclosure of Confidential Medical Information Related to Covid-19 …………………………………………………………104
Policy for the Accommodation of Employees Who Are At High-Risk of Severe Illness from Covid-19 ………………………………………………110
SECTION FOUR: Guidelines, Forms And Other Sample Notices ……………………….113 15-4
Guidance for Managers and Supervisors Implementing COVID-19 Policies, Protocols and Procedures ……………………………………….113
Expectations of Employees Returning to Work …………………………..116 Your Social Distancing and Workplace Safety Responsibilities ………..118 Temperature Test and Symptom Screening Form ………………………119 Authorization for Disclosure and Use of Medical Information …………..121 15-5
1 SECTION ONE: CITY OF SOUTH PASADENA CITY-WIDE POLICIES AND
PROTOCOLS
The City of South Pasadena has adopted the following polices. Copies of the policies may be found here: City’s website, Human Resources Division A. Policies
Telecommuting Policy
Standalone FFCRA Leaves and Compensation Policy
Cleaning and Disinfecting Policy
Social Distancing and Individual Responsibility Policy COVID-19 Testing Policy
Temperature and Other COVID-19 Symptom Screening Policy CMIA-Compliant Non-Disclosure Policy
Accommodations Policy for Employees at High-Risk of Severe Illness Should They Test Positive for COVID-19
B. Guidelines and Other Documents
Guidance for Frontline Managers and Supervisors Implementing COVID-19 Policies and Practices
Guidelines for Employees on COVID-19 and the “New Normal” Employee Social Distancing and Workplace Safety Responsibilities – Do’s and Don’ts of Compliance
CMIA Medical Release Form
Temperature Testing and Symptom Screen Form
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2
Emergency Telecommuting Policy
The purpose of the Emergency Telecommuting Policy is to ensure that essential City of South Pasadena functions continue to be performed at an alternative location during the disruption of normal operations. The City of South Pasadena will implement this Policy in keeping with the mission of the City of South Pasadena and the respective Department. This Policy is an emergency policy and the City Manager has discretion to withdraw the Policy if deemed necessary.
The City Manager shall designate and authorize specific times in which an Emergency Telecommuting Agreement (“ETA” or “Agreement”) shall apply. Any ETA is subject to the terms and conditions set forth in this Policy below.
Eligibility Criteria
Telecommuting is not suitable for all employees and/or positions. The City Manager has the discretion to determine the employees and positions who may telecommute on an emergency basis utilizing criteria that includes, but is not limited to:
1. The operational needs of the employee’s department and the City of South Pasadena;
2. The potential for disruption to the City of South Pasadena’s functions;
3. The ability of the employee to perform his or her specific job duties from a location separate from his or her City of South Pasadena worksite (‘Alternate Worksite”) without diminishing the quantity or quality of the work performed;
4. The degree of face-to-face interaction with other City of South Pasadena employees and the public that the employee’s position requires;
5. The portability of the employee’s work;
6. The ability to create a functional, reliable, safe, and secure Alternate Worksite for the employee at a reasonable cost;
7. The risk factors associated with performing the employee’s job duties from a location separate from his or her City of South Pasadena Worksite;
8. The ability to measure the employee’s work performance from a location separate from his or her City of South Pasadena Worksite;
9. The employee’s supervisory responsibilities;
10. The employee’s need for supervision;
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3 11. Other considerations deemed necessary and appropriate by the employee’s immediate supervisor, Department Head, and the Human Resources Manager.
Telecommute Assignment:
1. Any ETA is only valid for the time period specified in the Agreement. The Agreement is invalid after this time unless the City of South Pasadena approves an extension in writing. The City of South Pasadena may, in its discretion, decide to terminate the Agreement earlier.
2. Employee acknowledges and agrees that the ETA is temporary and subject to the discretion of management.
Telecommuting will be approved on a case-by-case basis consistent with the eligibility criteria above.
3. Non-exempt employees who receive overtime shall be assigned a work schedule in the ETA, including rest and meal breaks (“Work Schedule”). Any deviation from the Work Schedule must be approved in advance, in writing, by management. Non-exempt employees must take meal and rest breaks while telecommuting, just as they would if they were reporting to work at their City of South Pasadena worksite. Non-exempt employees may not telecommute outside their normal work hours without prior written authorization from their supervisor. A non-exempt employee who fails to secure written authorization before telecommuting outside his or her normal work hours may face discipline in accordance with the City of South Pasadena’s policy for working unauthorized overtime.
4. Telecommuting employees are required to be accessible in the same manner as if they are working at their City of South Pasadena worksite during the established telecommuting Work Schedule, regardless of the designated location for telecommuting, or “Alternate Worksite.” Employees must be accessible via telephone, email, and/or network access to their supervisor and other City of South Pasadena employees while telecommuting, as if working at their City of South Pasadena worksite. Employees shall check their City of South Pasadena-related business phone messages and emails on a consistent basis, as if working at their City of South Pasadena worksite.
5. Employees shall work on a full-time basis, according to the Work Schedule. Employees are required to maintain an accurate record of all hours worked at the Alternate Worksite and make that record available to his or her supervisor upon request. Employees shall record all non-productive work time on his/her timesheet.
6. While telecommuting, employees shall adhere to the following:
a. Be available to the department via telephone and/or email during all ETA designated work hours. b. Have the Alternate Worksite be quiet and free of distractions, with reliable and secure internet and/or wireless access.
c. All periods of employees’ unavailability must be approved in advance by management in accordance with department policy and documented on the appropriate leave of absence slip. d. Employees shall ensure dependent care will not interfere with work responsibilities. e. Employees must notify their supervisor promptly when unable to perform work assignments because of equipment failure or other unforeseen circumstances. 15-8
4 f. If the City of South Pasadena has provided City of South Pasadena owned equipment, employees agree to follow the City of South Pasadena’s Policy for the use of such equipment. Employees will report to their supervisor any loss, damage, or unauthorized access to City of South Pasadena owned equipment, immediately upon discovery of such loss, damage, or unauthorized access.
General Duties, Obligations and Responsibilities:
Employees must adhere to the provisions set forth in this Policy and the terms of the ETA. Any deviation from the ETA requires prior written approval from the City of South Pasadena.
1. All existing duties, obligations, responsibilities and conditions of employment remain unchanged.
Telecommuting employees are expected to abide by all City of South Pasadena and departmental policies and procedures, rules and regulations, applicable Memoranda of Understanding, and all other official City of South Pasadena documents and directives.
2. Employees authorized to perform work at an Alternate Worksite must meet the same standards of performance and professionalism expected of City of South Pasadena employees in terms of job responsibilities, work product, timeliness of assignments, and contact with other City of South Pasadena employees and the public.
3. Employees shall ensure that all official City of South Pasadena documents are retained and maintained according to the normal operating procedures in the same manner as if working at a City of South Pasadena worksite.
4. Employees may receive approval to use personal computer equipment or be provided with City of South Pasadena issued equipment at the discretion of the City Manager.
5. The City of South Pasadena shall not be responsible for costs associated with the use of computer and/or cellular equipment, including energy, data or maintenance costs, network costs, home maintenance, home workspace furniture, ergonomic equipment, liability for third party claims, or any other incidental costs (e.g., utilities associated with the employee’s telecommuting).
6. Employees may receive a virtual private network (“VPN”) account, as approved by the City Manager.
7. Employees shall continue to abide by practices, policies and procedures for requests of sick, vacation and other leaves of absences. Requests to work overtime, declare vacation or take other time off from work must be pre-approved in writing by each employee’s supervisor. If an employee becomes ill while working under an ETA, he/she shall notify his/her supervisor immediately and record on his/her timesheet any hours not worked due to incapacitation.
8. Employees must take reasonable precautions to ensure their devices (e.g., computers, laptops, tablets, smart phones, etc.) are secure before connecting remotely to the City of South Pasadena’s network and must close or secure all connections to City of South Pasadena desktop or system resources (e.g., remote desktop, VPN connections, etc.) when not conducting work for the City of South Pasadena. Employees must maintain adequate firewall and security protection on all such devices used to conduct City of South Pasadena work from the Alternate Worksite.
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5 9. Employees shall exercise the same precautions to safeguard electronic and paper information, protect confidentiality, and adhere to the City of South Pasadena’s records retention policies, especially as it pertains to the Public Records Act. Employees must safeguard all sensitive and confidential information (both on paper and in electronic form) relating to City of South Pasadena work they access from the Alternate Worksite or transport from their City of South Pasadena worksite to the Alternate Worksite. Employees must also take reasonable precautions to prevent third parties from accessing or handling sensitive and confidential information they access from the Alternate Worksite or transport from their City of South Pasadena worksite to the Alternate Worksite. Employees must return all records, documents, and correspondence to the City of South Pasadena at the termination of the ETA or upon request by their supervisor, Department Head or Human Resources.
10. Employees’ salary and benefits remain unchanged. Workers’ Compensation benefits will apply only to injuries arising out of and in the course of employment as defined by Workers’ Compensation law.
Employees must report any such work-related injuries to their supervisor immediately. The City of South Pasadena shall not be responsible for injuries or property damage unrelated to such work activities, including injuries to third persons when said injuries occur at the Alternate Worksite.
11. All of Employees’ existing supervisory relationships, lines of authority and supervisory practices remain in effect. Prior to the approval of this Agreement, supervisors and employees shall agree upon a reasonable set of goals and objectives to be accomplished. Supervisors shall use reasonable means to ensure that timelines are adhered to and that goals and objectives are achieved.
12. Any breach of the telecommuting agreement by the employee may result in termination of the Agreement and/or disciplinary action, up to and including termination of employment. 15-10
6 ADMINISTRATIVE POLICY AND PROTOCOLS FOR
EMPLOYEE LEAVE AND COMPENSATION UNDER THE
FAMILIES FIRST CORONAVIRUS RESPONSE ACT
I. Preamble
The purpose of the Families First Coronavirus Response Act (“FFCRA”) is to provide employees with paid sick leave and expanded family and medical leave for reasons related to COVID-19. (Public Law No. 116-127.)
Subsequent to the enactment of the FFCRA, the Department of Labor (“DOL”) promulgated temporary regulations to implement expanded family and medical leave under Title I of the Family and Medical Leave Act (“FMLA”) and emergency paid sick leave to assist working families facing public health emergencies. The DOL also published a correction in the Federal Register to make certain technical corrections to the regulatory text. The DOL has also provided informal guidance concerning the implementation of the emergency paid sick leave and expanded family and medical leave provisions.
This policy is intended to provide City of South Pasadena employees with the emergency paid sick leave and expanded family and medical leave to which they are entitled under FFCRA.
II. Statement of Policy
The City of South Pasadena will provide eligible employees with leave pursuant to the Emergency Paid Sick Leave Act (“EPSLA”) (i.e., Emergency Paid Sick Leave) and Emergency Family and Medical Leave Expansion Act (“EMFLEA”) (i.e., Emergency Family and Medical Leave) as required under the Families First Coronavirus Response Act (“FFCRA” or the “Act”).
The following provisions set forth certain rights and obligations with respect to said leave.
III. Compliance
The City of South Pasadena will fully and faithfully comply with the requirements set forth in the FFCRA and the regulations promulgated by the DOL in its administration of this policy.
IV. Policy
Section 1. Effective Dates
The Administrative Policy and Protocols for Employee Leave and Compensation Under the FFCRA shall expire on December 31, 2020 or when the EPSLA or EMFLEA provisions of the FFCRA are no longer effective under the law, whichever is later.
Section 2. Definitions
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7 A. “Child Care Provider” means a provider who receives compensation for providing child care services on a regular basis. The term includes a center-based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation that is licensed, regulated, or registered under State law; and satisfies the State and local requirements. However, under the FFCRA, the eligible child care provider need not be compensated or licensed if he or she is a family member or friend, such as a neighbor, who regularly cares for the Employee’s child.
B. “Emergency Family and Medical Leave” means leave provided under the EMFLEA (Sec. 3101, et seq. of the FFCRA).
C. “Emergency Paid Sick Leave” means leave provided under the EPSLA (Sec. 5101, et seq. of the FFCRA).
D. “Emergency responder” means the following for the purposes of employees who may be exempted from Emergency Paid Sick Leave and Emergency Family and Medical Leave: (1) Anyone necessary for the provision of transport, care, healthcare, comfort and nutrition of such patients, or others needed for the response to COVID-19; or (2) Anyone who serves in the military or national guard, or as a law enforcement officer, correctional institution personnel, fire fighter, emergency medical services personnel, physician, nurse, public health personnel, emergency medical technician, paramedic, emergency management personnel, 911 operator, child welfare worker and service provider, public works personnel, and persons with skills or training in operating specialized equipment or other skills needed to provide aid in a declared emergency, as well as individuals who work for such facilities employing these individuals and whose work is necessary to maintain the operation of the facility.
E. “Health care provider” means the following for the purposes of employees who may be exempted from Emergency Paid Sick Leave and Emergency Family and Medical Leave: (1) Anyone employed at any doctor’s office, hospital, health care center, clinic, postsecondary educational institution offering health care instruction, medical school, local health department or agency, nursing facility, retirement facility, nursing home, home health care provider, any facility that performs laboratory or medical testing, pharmacy, or any similar institution, employer, or entity; or (2) Any individual employed by an entity that contracts with any of these institutions described above to provide services or to maintain the operation of the facility where that individual’s services support the operation of the facility.
This also includes anyone employed by any entity that provides medical services, produces medical products, or is otherwise involved in the making of COVID-19 related medical equipment, tests, drugs, vaccines, diagnostic vehicles, or treatments.
F. “Individual” for the purpose of Section 3.D. above means an employee’s immediate family member, a person who regularly resides in the employee’s home, or a similar person with whom the employee has a relationship that creates an expectation that the employee would care for the person if he or she were quarantined or self-quarantined. “Individual” does not include persons with whom the Employee has no personal relationship. 15-12
8 G. “Son or Daughter” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age; or 18 years of age or older who is incapable of self-care because of a mental or physical disability. (29 U.S.C. 2611; 29 CFR 826.10(a).)
H. “Subject to a Quarantine or Isolation Order” means a quarantine or isolation order includes quarantine, isolation, containment, shelter-in-place, or stay-at-home orders issued by any Federal, State, or local government authority that cause the employee to be unable to work even though his or her Employer has work that the employee could perform but for the order. This also includes when a Federal, State, or local government authority has advised categories of citizens (e.g., of certain age ranges or of certain medical conditions) to shelter in place, stay at home, isolate, or quarantine, causing those categories of employees to be unable to work even though their employers have work for them.
Section 3. Emergency Paid Sick Leave
Qualifying Reasons for Emergency Paid Sick Leave:
Emergency Paid Sick Leave is only permitted for the following reasons:
A. The employee is Subject to a Quarantine or Isolation Order related to COVID-19.
B. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
C. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
D. The employee is caring for an individual who is Subject to a Quarantine or Isolation Order or who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
E. The employee is caring for the employee’s son or daughter if the child’s school or place of care has been closed, or the child’s childcare provider is unavailable, due to COVID-19 precautions.
F. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
Employees Eligible for Emergency Paid Sick Leave:
A. Subject to Sections B and C, below, all City of South Pasadena employees are potentially eligible for Emergency Paid Sick Leave.
B. Employees are not eligible for Emergency Paid Sick Leave if the City of South Pasadena determines that the employee’s duties and services are not needed during all or part of the period of requested Emergency Paid Sick Leave (for example, because the City 15-13
9 of South Pasadena has temporarily stopped providing the services that the employee would otherwise provide). In this circumstance, the City of South Pasadena may deem that the employee is not working due to lack of work.
C. The City of South Pasadena may elect to exempt from the receipt of Emergency Paid Sick Leave any employee or class of employees who qualify as a “Health care provider” or “Emergency responder” as defined in Section 2.D. and E., above.
1. The City of South Pasadena has designated the following job classifications as “healthcare providers”:
[List Job Classifications]
2. The City of South Pasadena has designated the following job classifications as “emergency responders”:
[List Job Classifications]
Amount of Emergency Paid Sick Leave:
• Leave taken as Emergency Paid Sick Leave is in addition to any other statutory or contractual leave to which the employee is entitled.
• Full time employees working 40 hours per week may take up to 80 hours of Emergency Paid Sick Leave.
• Part time employees may take to up to the average number of hours that they work over a two-week period as determined by reviewing the six-month period prior to the usage of leave. If the employee has been employed by the City of South Pasadena for fewer than six months, the City of South Pasadena will calculate the leave entitlement based on the entire period the employee has been employed.
• Employees hired on or after April 1, 2020 who took the full 80 hours of Emergency Paid Sick Leave when employed by another employer are not entitled to take any additional Emergency Paid Sick Leave with the City of South Pasadena. An employee who has taken some, but not all, of the Emergency Paid Sick Leave to which they are entitled when they were employed by another employer, is entitled only to the remaining portion of such leave from the City of South Pasadena.
• An employee who is laid off or otherwise terminated on or after March 1, 2020 and who is rehired on or before December 31, 2020 will be eligible for unused Emergency Paid Sick Leave for the qualifying reasons set forth in Section 3.
Employee Benefits While on Emergency Paid Sick Leave:
The benefit amount varies based on the reason for the leave as follows:
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10 A. Employees are entitled to Emergency Paid Sick Leave at their regular rate of pay, subject to a cap of $511 per day and $5,110 in the aggregate, if they are unable to work or telework for one of the following reasons:
1. The employee is Subject to a Quarantine or Isolation Order related to COVID-19;
2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19; or,
3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
B. Employees are entitled to Emergency Paid Sick Leave at two-thirds (2/3) of their regular rate of pay, subject to a cap of $200 per day and $2,000 in the aggregate, if they are unable to work or telework for one of the following reasons:
1. The employee is caring for an individual who is Subject to a Quarantine or Isolation Order related to COVID-19 or who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19;
2. The employee is caring for the employee’s son or daughter if the child’s school or place of care has been closed, or the child’s childcare provider is unavailable, due to COVID-19 precautions; or
3. The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
Supplementation of Paid Accrued Leaves:
Employees may supplement the compensation they receive if taking Emergency Paid Sick Leave (paid up to the specified limitations under the FFCRA) with their earned or accrued leaves in order to achieve 100% of the pay the employee would normally receive in a given week for working their regularly scheduled hours.
If an employee exhausts all their EPSL, and then is subjected to another isolation or quarantine order that was a result of an exposure or potential exposure that happened at work, the employee would be provided paid administrative leave, up to 80 hours for full time/40 hours for part time. This assumes the reason for leave was in the course of employment and no fault of their own.
If an employee exhausts all their EPSL, and then is subjected to another isolation or quarantine order due to a family member or other non-work related incident, the employee will need to use their own leave or go unpaid. If the employee has no leave, the City will allow the employee to go into a negative accrual, capped at 80 hours for full time/40 hours for part time. In that circumstance, all leave earned from that point forward would go to restoring their leave bank back to zero.
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11 Intermittent Leave
Generally, an employee must use the permitted days of Emergency Paid Sick Leave consecutively until the employee no longer has a qualifying reason to take the leave. An employee may request Emergency Paid Sick Leave on an intermittent basis only if the employee obtains the City of South Pasadena’s prior approval to do so, and:
(1) The employee is not working and qualifies for use of Emergency Paid Sick Leave; or (2) The employee is teleworking; or
(3) The employee is reporting to the worksite and has requested Emergency Paid Sick Leave to care for their son or daughter if the child’s school or place of care has been closed, or the child’s child care provider is unavailable, due to COVID-19 precautions.
The City of South Pasadena will evaluate such request to determine if such leave is operationally feasible.
Restoration to Prior Position:
An employee who uses Emergency Paid Sick Leave is entitled to reinstatement to their prior or an equivalent position, unless the employee’s employment would have ended regardless of whether he or she took leave.
Emergency Paid Sick Leave is Protected Leave:
Emergency Paid Sick Leave is considered protected leave when used for the reasons specified in Section 3. The City of South Pasadena shall not discharge, discipline, or in any other manner discriminate against an employee who takes Emergency Paid Sick Leave.
Emergency Paid Sick Leave Request:
The City of South Pasadena requests, but does not require that the employee provide notice of the need to use Emergency Paid Sick Leave until after the first workday of usage of such leave.
However, an employee may provide notice of the need to use Emergency Paid Sick Leave prior to the usage of such leave.
After the first workday for which an employee takes Emergency Paid Sick Leave, the employee must provide reasonable notice for the usage of such as soon as is practicable thereafter.
An employee may provide notice of the need to use Emergency Paid Sick Leave orally or in writing, and may provide such notice through the employee’s spokesperson (e.g., spouse, adult family member, or other responsible party) if the employee is unable to provide such notice personally.
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12 If an employee fails to provide proper notice, the City of South Pasadena will give the employee notice of the failure and provide the employee with an opportunity to provide the required documentation, described below, prior to denying the employee’s request for leave.
Certification of Emergency Paid Sick Leave:
An employee who seeks Emergency Paid Sick Leave must provide the following information, orally or in writing, prior to the commencement of the leave or as soon thereafter as practicable:
(1) Employee’s name;
(2) Date(s) for which leave is requested;
(3) Qualifying reason for the leave; and
(4) Oral or written statement that the Employee is unable to work because of the qualified reason for leave.
In addition, the employee must provide the following documentation in support of his/her request for Emergency Paid Sick Leave:
(1) To take Emergency Paid Sick Leave because the employee is Subject to a Quarantine or Isolation Order related to COVID-19, the employee must provide the name of the government entity that issued the quarantine or isolation order. (2) To take Emergency Paid Sick Leave because the employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19, the employee must provide the name of the health care provider who advised the employee to self-quarantine due to concerns related to COVID-19.
(3) To take Emergency Paid Sick Leave because the employee is caring for an individual who is Subject to a Quarantine or Isolation Order related to COVID-19 or who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19, the employee must provide either: (1) The name of the government entity that issued the Quarantine or Isolation Order to which the individual being cared for is subject; or (2) The name of the health care provider who advised the individual being cared for to selfquarantine due to concerns related to COVID-19. (4) To take Emergency Paid Sick Leave because the employee is caring for the employee’s son or daughter if the child’s school or place of care has been closed, or the child’s child care provider is unavailable, due to COVID-19 precautions, the employee must provide: (1) The name of the son or daughter being cared for; (2) The name of the School, Place of Care, or Child Care Provider that has closed or become unavailable; and (3) A representation that no other suitable person will be caring for the Son or Daughter during the period for which the 15-17
13 employee takes Emergency Paid Sick Leave.
Emergency Paid Sick Leave Carry-Over:
Unused Emergency Paid Sick Leave will carryover for any employee who after termination, resignation, retirement, or other separation from employment is rehired prior to the expiration described in Section 13 below. Under no circumstances will unused Emergency Paid Sick Leave carry over after the expiration described in Section 13 below.
No Emergency Paid Sick Leave Cash-Out or Conversion to Service Credits:
Unused Emergency Paid Sick Leave may not be cashed out upon termination, resignation, retirement, or other separation from employment.
Unused Emergency Paid Sick Leave may not be converted to retirement service credits.
Section 4. Emergency Family and Medical Leave
Reasons for Emergency Family and Medical Leave:
Emergency Family and Medical Leave is only permitted for the leave due to an inability to work (or telework) because the employee needs to provide care for the employee’s son or daughter under the Emergency Family and Medical Leave Expansion Act. (FMLA Sec. 110 (a)(2)(A).) Employees Eligible for Emergency Family and Medical Leave:
A. Employees are entitled to up to 12 weeks of job-protected Emergency Family and Medical Leave if the employee satisfies the following requirements:
1. The employee has worked for the City of South Pasadena for at least 30 calendar days;
2. The employee is unable to work (or telework) due to a need to care for the employee’s son or daughter whose school or place of care has been closed, or whose child care provider is unavailable due to a COVID–19 emergency declared by either a Federal, State, or local authority;
3. The employee has not used all available FMLA leave. Emergency Family and Medical Leave is a form of FMLA leave, and is not in addition to any other FMLA leave;
4. There is no other suitable person (such as a co-parent, co-guardian, or usual child care provider) available to care for the employee’s son or daughter during the period for which the employee takes Emergency Family and Medical Leave; and
5. The City of South Pasadena did not exempt the employee as either a “Health care provider” or “Emergency responder.”
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14 B. Employees are not eligible for Emergency Family and Medical Leave if the City of South Pasadena determines that the employee’s duties and services are not needed during the period of requested Emergency Family and Medical Leave (for example, because the City of South Pasadena has ceased offering the services that would otherwise be provided by the employee). In this instance, the City of South Pasadena may deem that the employee is not working due to lack of work.
C. The City of South Pasadena may elect to exempt from the receipt of Emergency Family and Medical Leave any employee or class of employees who qualify as a “Health care provider” or “Emergency responder” as defined in Section 2.D. and E., above. a. The City of South Pasadena has designated the following job classifications as “healthcare providers”:
[List Job Classifications]
b. The City of South Pasadena has designated the following job classifications as “emergency responders”:
[List Job Classifications]
D. An employee who is laid off or otherwise terminated on or after March 1, 2020 and who is rehired on or before December 31, 2020 will be eligible for unused Emergency Family and Medical Leave provide that the employee had been on the City of South Pasadena’s payroll for 30 or more of the 60 calendar days prior to the date the employee was laid off or otherwise terminated.
Amount of Emergency Family and Medical Leave:
An eligible employee is entitled to a maximum of twelve workweeks of Emergency Family and Medical Leave during the period in which the leave may be taken (between April 1, 2020 to December 31, 2020) even if the twelve workweeks spans two twelve-month leave periods under the FMLA.
Employee Benefits While on Emergency Family and Medical Leave; Supplementation of Paid Accrued Leaves:
A. First Ten Days of Emergency Family and Medical Leave The first ten (10) days of Emergency Family and Medical Leave are unpaid.
During this period, the employee may elect to use Emergency Paid Sick Leave, as described above, if the employee has not exhausted such leave through use at the City of South Pasadena or prior employer. If the employee has exhausted the Emergency Paid Sick Leave, an employee may use their earned and accrued leaves to supplement the unpaid Emergency Family and Medical Leave in order to achieve up to 100% of the pay they would normally receive in a given week for working their regularly scheduled hours. 15-19
15 Use of such accrued and unused leave will run concurrently with use of Emergency Family and Medical Leave.
B. Emergency Family and Medical Leave After the First Ten Days After the tenth day, and for the remaining up to ten (10) weeks of Emergency Family and Medical Leave, an employee is entitled to compensation for such leave at two-thirds (2/3) of the employee’s regular rate of pay, subject to a cap of $200 per day and $10,000 total.
During this period, employees may supplement the Emergency Family and Medical Leave (paid up to the specified limitations under the FFCRA) with their earned or accrued leave provided by the City of South Pasadena in order to achieve 100% of the pay the employee would normally receive in a given week for working their regularly scheduled hours.]
Intermittent Leave:
An employee may request Emergency Family and Medical Leave on an intermittent basis and the City of South Pasadena will evaluate such request to determine if such leave is operationally feasible.
Employee Notice of Emergency Family and Medical Leave:
Where the need to use Emergency Family and Medical Leave is foreseeable, the employee shall provide the City of South Pasadena with such notice as soon as practicable.
The City of South Pasadena requests, but does not require, that the employee provide notice of the need to use Emergency Family and Medical Leave unit after the first workday of the usage of such leave.
After the first workday for which an employee takes Emergency Family and Medical Leave, the employee must provide reasonable notice for the usage of such as soon as is practicable thereafter.
An employee may provide notice of the need to use Emergency Family and Medical Leave orally or in writing, and may provide such notice through the employee’s spokesperson (e.g., spouse, adult family member, or other responsible party) if the employee is unable to provide such notice personally.
If an employee fails to provide proper notice, the City of South Pasadena will give the employee notice of the failure and provide the employee an opportunity to provide the required documentation, described below, prior to denying the request for leave.
Certification of Emergency Family and Medical Leave:
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16 An employee who seeks Emergency Family and Medical Leave must provide the following information prior to taking leave or as soon thereafter as practicable:
(1) Employee’s name;
(2) Date(s) for which leave is requested;
(3) Qualifying reason for the leave;
(4) Oral or written statement that the employee is unable to work because of the qualified reason for leave;
(5) The name of the son or daughter being cared for;
(6) The name of the school, place of care, or child care provider that has closed or become unavailable; and
(7) A representation that no other suitable person (such as a co-parent, co-guardian, or usual child care provider) will be caring for the son or daughter during the period for which the Employee takes Emergency Family and Medical Leave.
Reinstatement Upon Return:
An employee who uses Emergency Family and Medical Leave is entitled to reinstatement to their prior or an equivalent position, unless the employee’s employment would have ended regardless of whether he or she took leave
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17 SECTION TWO: FACILITY/WORKSITE-SPECIFIC MEASURES
City of South Pasadena Facility/Worksite’s Name and Address (e.g., City Hall, departments housed in their own buildings, community centers, and fire or police stations):
South Pasadena Fire Station 81
817 Mound Ave, South Pasadena, CA 91030
A. Use of Shared Areas
The following areas at South Pasadena Fire Station 81 are open to the public.
Public access to such areas at any one time may be limited to the number of individuals identified below:
Public access in the Fire Station is limited to the downstairs front lobby. The number of persons allowed in the public area at any one time is three (3). This includes one (1) member of the public and two (2) staff members.
Signage will be posted on the front door of the lobby indicating such. Queue markers placed 6’ apart will be located just outside the lobby on the sidewalk adjacent to the fire station.
Public Area Maximum number of persons
allowed in the area at any given
time (this figure includes
agency personnel who may
also be in the area with
members of the public)
Downstairs front lobby 3
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18 The South Pasadena Fire Station 81 maintains several communal areas, which are utilized by City of South Pasadena employees. These communal areas are listed below. Access to such areas at any one time may be limited to the number of individuals identified in the chart below.
Communal Area Maximum number of
employees permitted in the
area at a given time
Apparatus Floor 7
Downstairs Lobby 3
Emergency Operations Center 7
Upstairs Day Room/kitchen 7
Dormitory 7
Outside station balconies 7
B. Public Notice
Signage is posted at each public entrance of the facility/worksite to inform all employees and members of the public that they must not enter the facility/worksite if they have a cough, fever, shortness of breath, difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID19 identified by the Centers for Disease Control (“CDC”)). Signage states that, while in the facility/worksite, individuals must maintain a minimum six-foot distance from one another.
A copy of the City of South Pasadena’s Social Distancing and Individual Responsibility Policy is posted at each public entrance to the facility/worksite and/or made available on the City of South Pasadena’s website.
C. Employee Health and Safety
The City of South Pasadena directed everyone who is able to continue to telework to do so until further notice.
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19 To reduce in-person head counts on any given work day, the City of South Pasadena has authorized the City Manager to allow, encourage, or require remote work as appropriate for any given employee or class of employees. The City of South Pasadena has also authorized the City Manager to implement flexible or staggered work schedules (e.g., staggered start times or days at the worksite) as needed.
For those employees who participate in the City of South Pasadena’s rideshare/carpooling program, the City of South Pasadena has amended or temporarily discontinued the rideshare/carpooling policy and protocols to address social distancing concerns.
The City of South Pasadena has canceled non-essential travel. The City of South Pasadena has directed all employees not to come to work if they are sick, including, but not limited to, exhibiting any symptoms of COVID-19 (e.g., cough, fever, shortness of breath, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID-19 identified by the Centers for Disease Control (“CDC”)). This may include recommending employees take their temperature themselves before the beginning of each workday. The City of South Pasadena is conducting symptom checks before allowing employees to enter facility/worksite pursuant to guidance provided by the CDC, the Department of Fair Employment and Housing (“DFEH”) and the Equal Employment Opportunity Commission (“EEOC”). Symptom checks may include temperature checks.
The City of South Pasadena has identified local health department contacts with whom it will communicate regarding information about COVID-19 outbreaks at the City of South Pasadena. The City of South Pasadena will assist local health departments in facilitating contract tracing for employees who test positive for COVID-19.
The City of South Pasadena is requiring all employees to use a cloth face covering at work when interacting with the public and other employees, and the 15-24
20 City of South Pasadena is providing such face coverings at no cost to any employees who do not bring their own.
The City of South Pasadena has directed all employees that a cloth face covering must be warn at all times, except if an employee is in their own office and their door remains closed.
The City of South Pasadena has directed all employees who wear cloth face coverings to wash such face coverings after each shift. The City of South Pasadena has notified all members of the public that they will not be permitted to enter or remain in the facility/worksite unless they wear cloth face coverings. The City of South Pasadena provided such notice by posting guidance on its website and/or posting signage at each public entrance of the facility/worksite.
The City of South Pasadena has arranged desks or individual workstations in such a manner so that employees are separated by at least six feet. Break rooms, restrooms, and other common areas are disinfected frequently and thoroughly, according to the following schedule:
1. Breakrooms: Twice Daily and additional as needed
2. Restrooms: Twice Daily and additional as needed
3. Waiting areas: Twice Daily and additional as needed
4. Conference rooms: Twice Daily and additional as needed
5. [Council/Board] chambers: N/A
6. City of South Pasadena vehicles: Twice Daily and additional as needed; additional cleanings will take place after suspected COVID-19 patients
7. Elevators: N/A
8. Other common areas (list each and describe cleaning schedule): Twice Daily and additional as needed
The City of South Pasadena has removed, to the extent practicable, soft and porous materials in communal work areas (e.g., fabric couches and chairs, area rugs).
The City of South Pasadena has directed all employees to discontinue the use of shared office equipment to the extent practicable, or in the alternative to, 15-25
21 sanitize shared surfaces and objects (e.g., conference room chairs and tables, counter tops, refrigerator door handles, agency vehicles keyboards, shared office supplies) after use.
The City of South Pasadena has directed all employees to sanitize certain parts of an agency vehicle after each use, including outside handles, steering wheels, rearview mirrors, radios, buttons on doors used to control windows and mirrors, gearshifts, and keys. The City of South Pasadena will place disinfectant and cleaning supplies in each vehicle.
The City of South Pasadena has directed all employees to frequently wash their hands with soap and water, or use sanitizer when a sink is not available, approximately every 60 minutes, for 20-seconds and after the following activities: using the restroom, sneezing, touching their face, blowing their nose, touching the refrigerator, using shared equipment such as tool handles and vehicles, cleaning, sweeping, mopping, smoking, eating, drinking, entering and leaving the building, going on a break and before the start of their work shift. Employees are allowed breaks, as needed, to wash their hands. The City of South Pasadena has placed tissues/paper towels and no-touch disposal receptacles at locations where they can be easily accessed by employees and members of the public, including but not limited to outside of every restroom, public entrance and entrance to a City of South Pasadena if such an entrance requires an individual to touch a door handle in order to enter. Disinfectant and related supplies are available to all employees at the following location(s):
Downstairs EMS locker and upstairs supply room
Hand sanitizer that contains at least 60% ethanol or 70% isopropanol is available to all employees at the following location(s):
Downstairs front lobby, downstairs Emergency Operations Center, all restrooms, upstairs kitchen, and upstairs day room.
Soap and water are available to all employees at the following location(s):
All restrooms and kitchen area.
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22 The City of South Pasadena has suspended the use of shared food and beverages (e.g. bringing in lunch for meetings that is shared “buffet style.” The agency has also discontinued the use of food and beverage equipment (which is shared by employees) including coffee brewers and water coolers. The City of South Pasadena has instructed staff to replace in-person meetings with other means of communication, including but not limited to telephone calls, e-mails, or videoconferences. The City of South Pasadena has directed employees that non-essential meetings should be canceled or postponed. The City of South Pasadena has increased the frequency of air filter replacement and HVAC system cleaning. The City of South Pasadena has also encouraged fresh air circulation by directing employees to open windows and doors, to the extent practicable and safe.
Other measures:
The City of South Pasadena will provide training to all employees and officials regarding the measures it is taking and is requiring individuals to take to maintain a safe and healthy working environment in accordance with State guidelines.
Copies of this Protocol have been distributed to all employees in the following manner(s): email
Job classifications or facilities to which specific measures may not apply and reason for such exemption(s): N/A.
D. Measures Designed to Keep People At Least Six Feet Apart and Prevent Unnecessary Contact
The City of South Pasadena has placed signage outside the facility/worksite that instructs people to remain at least six feet apart, including when waiting to enter the facility/worksite.
The City of South Pasadena has placed tape or other markings at least six feet apart in public areas inside the facility/worksite where people frequently line up 15-27
23 with signs directing members of the public to use the markings to maintain the requisite distance.
The City of South Pasadena has instructed all employees to maintain at least a six-foot distance from members of the public and from each other, except employees whose job duties require them to come into closer contact with others or as otherwise necessary.
The City of South Pasadena has instructed all employees using City of South Pasadena vehicles that, if feasible, only one person should occupy a vehicle at a time, and that if two employees are required for a task in the field, they should ride in separate vehicles.
The City of South Pasadena is providing for contactless payment systems (e.g., utility bills, building permits, or parking tickets) or, if not feasible, sanitizing payment systems regularly. Describe:
Other measures (may be listed on separate page attached to these Protocols):
Job classifications or facilities to which these measures may not apply and reasoning for such exemption(s): N/A.
E. Measures to Prevent Crowds from Gathering
The City of South Pasadena has limited the number of members of the public in the worksite/facility at any one time, which allows for members of the public and employees to more easily maintain at least a six-foot distance from one another at all practicable times.
The City of South Pasadena has posted an employee at the public access door to ensure the maximum number of members of the public at the facility/worksite is not exceeded.
The City of South Pasadena is streaming public meetings, including providing opportunities for public comment. Public meetings may be streamed here:
The City of South Pasadena has spaced out or blocked off seating available in public meeting areas.
Other measures (may be listed on separate page attached to these Protocols):
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24 Job classifications or facilities to which specific measures may not apply (list each measure) and reasoning for exemption(s): N/A
F. Measures to Increase Sanitation for the Public
Restrooms normally open to the public remain open to the public. The City of South Pasadena has removed, to the extent practicable, soft and porous materials in public areas (e.g., fabric couches and chairs, area rugs). Where City of South Pasadena has removed seating, it has replaced such seating with chairs that can be easily disinfected.
Disinfectants that are effective against COVID-19, such as disposable wipes, are available near public entrances, communal areas and in restrooms. Hand sanitizer, soap and water, or effective disinfectant is available to the public at or near the entrance of the facility/worksite, in communal areas, in restrooms and anywhere else inside the facility/worksite where people have direct interactions. The City of South Pasadena is disinfecting all payment portals, pens, clipboards and other shared supplies utilized by members of the public after each use. The City of South Pasadena is disinfecting all high-contact surfaces frequently. The City of South Pasadena has discontinued the use of rental equipment to the extent practicable.
Describe other measures:
Fire Station does not have any restrooms that are open to the public You may contact the following person with any questions or comments about this Protocol:
Contact Name: Paul Riddle
Job Title: Fire Chief
Phone Number: 626-403-7300
Email Address: [email protected]
Date Adopted: ________________________
Date Last Revised: ____________________
15-29
25 SECTION TWO: FACILITY/WORKSITE-SPECIFIC MEASURES
City of South Pasadena Facility/Worksite’s Name and Address (e.g., City Hall, departments housed in their own buildings, community centers, and fire or police stations):
South Pasadena Polce Station
1422 Mission Street, South Pasadena, CA 91030
G. Use of Shared Areas
The following areas at South Pasadena Police Station are open to the public.
Public access to such areas at any one time may be limited to the number of individuals identified below:
Public access in the Fire Station is limited to the downstairs front lobby. The number of persons allowed in the public area at any one time is three (3). This includes one (1) member of the public and two (2) staff members.
Signage will be posted on the front door of the lobby indicating such. Queue markers placed 6’ apart will be located just outside the lobby on the sidewalk adjacent to the fire station.
Public Area Maximum number of persons
allowed in the area at any given
time (this figure includes
agency personnel who may
also be in the area with
members of the public)
Station Lobby 2
Interview Room 2
15-30
26 The South Pasadena Fire Station 81 maintains several communal areas, which are utilized by City of South Pasadena employees. These communal areas are listed below. Access to such areas at any one time may be limited to the number of individuals identified in the chart below.
Communal Area Maximum number of
employees permitted in the
area at a given time
Break Room 2
H. Public Notice
Signage is posted at each public entrance of the facility/worksite to inform all employees and members of the public that they must not enter the facility/worksite if they have a cough, fever, shortness of breath, difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID19 identified by the Centers for Disease Control (“CDC”)). Signage states that, while in the facility/worksite, individuals must maintain a minimum six-foot distance from one another.
A copy of the City of South Pasadena’s Social Distancing and Individual Responsibility Policy is posted at each public entrance to the facility/worksite and/or made available on the City of South Pasadena’s website.
I. Employee Health and Safety
The City of South Pasadena directed everyone who is able to continue to telework to do so until further notice.
15-31
27 To reduce in-person head counts on any given work day, the City of South Pasadena has authorized the City Manager to allow, encourage, or require remote work as appropriate for any given employee or class of employees. The City of South Pasadena has also authorized the City Manager to implement flexible or staggered work schedules (e.g., staggered start times or days at the worksite) as needed.
For those employees who participate in the City of South Pasadena’s rideshare/carpooling program, the City of South Pasadena has amended or temporarily discontinued the rideshare/carpooling policy and protocols to address social distancing concerns.
The City of South Pasadena has canceled non-essential travel. The City of South Pasadena has directed all employees not to come to work if they are sick, including, but not limited to, exhibiting any symptoms of COVID-19 (e.g., cough, fever, shortness of breath, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID-19 identified by the Centers for Disease Control (“CDC”)). This may include recommending employees take their temperature themselves before the beginning of each workday. The City of South Pasadena is conducting symptom checks before allowing employees to enter facility/worksite pursuant to guidance provided by the CDC, the Department of Fair Employment and Housing (“DFEH”) and the Equal Employment Opportunity Commission (“EEOC”). Symptom checks may include temperature checks.
The City of South Pasadena has identified local health department contacts with whom it will communicate regarding information about COVID-19 outbreaks at the City of South Pasadena. The City of South Pasadena will assist local health departments in facilitating contract tracing for employees who test positive for COVID-19.
The City of South Pasadena is requiring all employees to use a cloth face covering at work when interacting with the public and other employees, and the 15-32
28 City of South Pasadena is providing such face coverings at no cost to any employees who do not bring their own.
The City of South Pasadena has directed all employees that a cloth face covering must be warn at all times, except if an employee is in their own office and their door remains closed.
The City of South Pasadena has directed all employees who wear cloth face coverings to wash such face coverings after each shift. The City of South Pasadena has notified all members of the public that they will not be permitted to enter or remain in the facility/worksite unless they wear cloth face coverings. The City of South Pasadena provided such notice by posting guidance on its website and/or posting signage at each public entrance of the facility/worksite.
The City of South Pasadena has arranged desks or individual workstations in such a manner so that employees are separated by at least six feet. Break rooms, restrooms, and other common areas are disinfected frequently and thoroughly, according to the following schedule:
1. Breakrooms: Two to three times daily and additional as needed
2. Restrooms: Two to three times daily and additional as needed
3. Waiting areas: Two to three times daily and additional as needed
4. Conference rooms: Two to three times daily and additional as needed
5. [Council/Board] chambers: N/A
6. City of South Pasadena vehicles: Twice Daily and additional as needed; additional cleanings will take place after suspected COVID-19 patients
7. Elevators: N/A
8. Other common areas (list each and describe cleaning schedule):Lobby- Twice Daily and additional as needed.
The City of South Pasadena has removed, to the extent practicable, soft and porous materials in communal work areas (e.g., fabric couches and chairs, area rugs).
The City of South Pasadena has directed all employees to discontinue the use of shared office equipment to the extent practicable, or in the alternative to, 15-33
29 sanitize shared surfaces and objects (e.g., conference room chairs and tables, counter tops, refrigerator door handles, agency vehicles keyboards, shared office supplies) after use.
The City of South Pasadena has directed all employees to sanitize certain parts of an agency vehicle after each use, including outside handles, steering wheels, rearview mirrors, radios, buttons on doors used to control windows and mirrors, gearshifts, and keys. The City of South Pasadena will place disinfectant and cleaning supplies in each vehicle.
The City of South Pasadena has directed all employees to frequently wash their hands with soap and water, or use sanitizer when a sink is not available, approximately every 60 minutes, for 20-seconds and after the following activities: using the restroom, sneezing, touching their face, blowing their nose, touching the refrigerator, using shared equipment such as tool handles and vehicles, cleaning, sweeping, mopping, smoking, eating, drinking, entering and leaving the building, going on a break and before the start of their work shift. Employees are allowed breaks, as needed, to wash their hands. The City of South Pasadena has placed tissues/paper towels and no-touch disposal receptacles at locations where they can be easily accessed by employees and members of the public, including but not limited to outside of every restroom, public entrance and entrance to a City of South Pasadena if such an entrance requires an individual to touch a door handle in order to enter. Disinfectant and related supplies are available to all employees at the following location(s): Records, Dispatch, Report Writing Room, Watch Commander Office and Detective Bureau.
Hand sanitizer that contains at least 60% ethanol or 70% isopropanol is available to all employees at the following location(s):
Records, Dispatch, Report Writing Room, Watch Commander Office and Detective Bureau. Soap and water are available to all employees at the following location(s):
Breakrooms and bathrooms.
15-34
30 The City of South Pasadena has suspended the use of shared food and beverages (e.g. bringing in lunch for meetings that is shared “buffet style.” The agency has also discontinued the use of food and beverage equipment (which is shared by employees) including coffee brewers and water coolers. The City of South Pasadena has instructed staff to replace in-person meetings with other means of communication, including but not limited to telephone calls, e-mails, or videoconferences. The City of South Pasadena has directed employees that non-essential meetings should be canceled or postponed. The City of South Pasadena has increased the frequency of air filter replacement and HVAC system cleaning. The City of South Pasadena has also encouraged fresh air circulation by directing employees to open windows and doors, to the extent practicable and safe.
Other measures: There are air purifiers in Records, Dispatch, Report Writing Room, Watch Commander Office and Detective Bureau.
The City of South Pasadena will provide training to all employees and officials regarding the measures it is taking and is requiring individuals to take to maintain a safe and healthy working environment in accordance with State guidelines.
Copies of this Protocol have been distributed to all employees in the following manner(s): Email
Job classifications or facilities to which specific measures may not apply and reason for such exemption(s): N/A.
J. Measures Designed to Keep People At Least Six Feet Apart and Prevent Unnecessary Contact
The City of South Pasadena has placed signage outside the facility/worksite that instructs people to remain at least six feet apart, including when waiting to enter the facility/worksite.
The City of South Pasadena has placed tape or other markings at least six feet apart in public areas inside the facility/worksite where people frequently line up 15-35
31 with signs directing members of the public to use the markings to maintain the requisite distance.
The City of South Pasadena has instructed all employees to maintain at least a six-foot distance from members of the public and from each other, except employees whose job duties require them to come into closer contact with others or as otherwise necessary.
The City of South Pasadena has instructed all employees using City of South Pasadena vehicles that, if feasible, only one person should occupy a vehicle at a time, and that if two employees are required for a task in the field, they should ride in separate vehicles.
The City of South Pasadena is providing for contactless payment systems (e.g., utility bills, building permits, or parking tickets) or, if not feasible, sanitizing payment systems regularly. Describe:
Other measures (may be listed on separate page attached to these Protocols):
Job classifications or facilities to which these measures may not apply and reasoning for such exemption(s): N/A.
K. Measures to Prevent Crowds from Gathering
The City of South Pasadena has limited the number of members of the public in the worksite/facility at any one time, which allows for members of the public and employees to more easily maintain at least a six-foot distance from one another at all practicable times.
The City of South Pasadena has posted an employee at the public access door to ensure the maximum number of members of the public at the facility/worksite is not exceeded.
The City of South Pasadena is streaming public meetings, including providing opportunities for public comment. Public meetings may be streamed here:
The City of South Pasadena has spaced out or blocked off seating available in public meeting areas.
Other measures (may be listed on separate page attached to these Protocols):
15-36
32 Job classifications or facilities to which specific measures may not apply (list each measure) and reasoning for exemption(s): N/A
L. Measures to Increase Sanitation for the Public
Restrooms normally open to the public remain open to the public. The City of South Pasadena has removed, to the extent practicable, soft and porous materials in public areas (e.g., fabric couches and chairs, area rugs). Where City of South Pasadena has removed seating, it has replaced such seating with chairs that can be easily disinfected.
Disinfectants that are effective against COVID-19, such as disposable wipes, are available near public entrances, communal areas and in restrooms. Hand sanitizer, soap and water, or effective disinfectant is available to the public at or near the entrance of the facility/worksite, in communal areas, in restrooms and anywhere else inside the facility/worksite where people have direct interactions. The City of South Pasadena is disinfecting all payment portals, pens, clipboards and other shared supplies utilized by members of the public after each use. The City of South Pasadena is disinfecting all high-contact surfaces frequently. The City of South Pasadena has discontinued the use of rental equipment to the extent practicable.
Describe other measures:
You may contact the following person with any questions or comments about this Protocol:
Contact Name: Joe Ortiz
Job Title: Police Chief
Phone Number: 626-403-7273
Email Address: [email protected]
Date Adopted: ________________________
Date Last Revised:
15-37
33 SECTION TWO: FACILITY/WORKSITE-SPECIFIC MEASURES
City of South Pasadena Facility/Worksite’s Name and Address (e.g., City Hall, departments housed in their own buildings, community centers, and fire or police stations):
City Hall
1414 Mission Street
South Pasadena, CA 91030
M. Use of Shared Areas
The following areas at [facility/worksite] are open to the public. Public access to such areas at any one time may be limited to the number of individuals identified below:
Public Area Maximum number of persons
allowed in the area at any given
time (this figure includes
agency personnel who may
also be in the area with
members of the public)
Entryway/Lobby 2
Public Works Counter 1
Planning Counter 1
Finance Counter 1
HR Lobby 1
City Hall maintains several communal areas, which are utilized by City of South Pasadena employees. These communal areas are listed below. Access to such areas at any one time may be limited to the number of individuals identified in the chart below.
15-38
34 Communal Area Maximum number of
employees permitted in the
area at a given time
Upstairs Coffee/Refrigerator Room 1
Upstairs Copy/Mail Room 1
Upstairs Conference Room 4
Breakroom 2
N. Public Notice
Signage is posted at each public entrance of the facility/worksite to inform all employees and members of the public that they must not enter the facility/worksite if they have a cough, fever, shortness of breath, difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID19 identified by the Centers for Disease Control (“CDC”)). Signage states that, while in the facility/worksite, individuals must maintain a minimum six-foot distance from one another.
A copy of the City of South Pasadena’s Social Distancing and Individual Responsibility Policy is posted at each public entrance to the facility/worksite and/or made available on the City of South Pasadena’s website.
O. Employee Health and Safety
The City of South Pasadena directed everyone who is able to continue to telework to do so until further notice.
To reduce in-person head counts on any given work day, the City of South Pasadena has authorized the City Manager to allow, encourage, or require remote work as appropriate for any given employee or class of employees. The City of South Pasadena has also authorized the City Manager to implement 15-39
35 flexible or staggered work schedules (e.g., staggered start times or days at the worksite) as needed.
For those employees who participate in the City of South Pasadena’s rideshare/carpooling program, the City of South Pasadena has amended or temporarily discontinued the rideshare/carpooling policy and protocols to address social distancing concerns.
The City of South Pasadena has canceled non-essential travel. The City of South Pasadena has directed all employees not to come to work if they are sick, including, but not limited to, exhibiting any symptoms of COVID-19 (e.g., cough, fever, shortness of breath, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID-19 identified by the Centers for Disease Control (“CDC”)). This may include recommending employees take their temperature themselves before the beginning of each workday. The City of South Pasadena is conducting symptom checks before allowing employees to enter facility/worksite pursuant to guidance provided by the CDC, the Department of Fair Employment and Housing (“DFEH”) and the Equal Employment Opportunity Commission (“EEOC”). Symptom checks may include temperature checks.
The City of South Pasadena has identified local health department contacts with whom it will communicate regarding information about COVID-19 outbreaks at the City of South Pasadena. The City of South Pasadena will assist local health departments in facilitating contract tracing for employees who test positive for COVID-19.
The City of South Pasadena is requiring all employees to use a cloth face covering at work when interacting with the public and other employees, and the City of South Pasadena is providing such face coverings at no cost to any employees who do not bring their own.
The City of South Pasadena has directed all employees that a cloth face covering must be warn at all times, except if an employee is in their own office and their door remains closed.
15-40
36 The City of South Pasadena has directed all employees who wear cloth face coverings to wash such face coverings after each shift. The City of South Pasadena has notified all members of the public that they will not be permitted to enter or remain in the facility/worksite unless they wear cloth face coverings. The City of South Pasadena provided such notice by posting guidance on its website and/or posting signage at each public entrance of the facility/worksite.
The City of South Pasadena has arranged desks or individual workstations in such a manner so that employees are separated by at least six feet. Break rooms, restrooms, and other common areas are disinfected frequently and thoroughly, according to the following schedule:
1. Breakrooms: Two to three times daily and additional as needed
2. Restrooms: Two to three times daily and additional as needed
3. Waiting areas: Two to three times daily and additional as needed
4. Conference rooms: Two to three times daily and additional as needed
5. Council chambers: Weekly and before each use
6. City of South Pasadena vehicles: before each use
7. Elevators: Daily
8. Other common areas (list each and describe cleaning schedule): Countersafter each customer. ________________________________________________________________ ________________________________________________________________ __________________________
The City of South Pasadena has removed, to the extent practicable, soft and porous materials in communal work areas (e.g., fabric couches and chairs, area rugs).
The City of South Pasadena has directed all employees to discontinue the use of shared office equipment to the extent practicable, or in the alternative to, sanitize shared surfaces and objects (e.g., conference room chairs and tables, counter tops, refrigerator door handles, agency vehicles keyboards, shared office supplies) after use.
15-41
37 The City of South Pasadena has directed all employees to sanitize certain parts of an agency vehicle after each use, including outside handles, steering wheels, rearview mirrors, radios, buttons on doors used to control windows and mirrors, gearshifts, and keys. The City of South Pasadena will place disinfectant and cleaning supplies in each vehicle.
The City of South Pasadena has directed all employees to frequently wash their hands with soap and water, or use sanitizer when a sink is not available, approximately every 60 minutes, for 20-seconds and after the following activities: using the restroom, sneezing, touching their face, blowing their nose, touching the refrigerator, using shared equipment such as tool handles and vehicles, cleaning, sweeping, mopping, smoking, eating, drinking, entering and leaving the building, going on a break and before the start of their work shift. Employees are allowed breaks, as needed, to wash their hands. The City of South Pasadena has placed tissues/paper towels and no-touch disposal receptacles at locations where they can be easily accessed by employees and members of the public, including but not limited to outside of every restroom, public entrance and entrance to a City of South Pasadena if such an entrance requires an individual to touch a door handle in order to enter. Disinfectant and related supplies are available to all employees at the following location(s):Each Counter, breakroom, offices. __________________________________________________________________ __________________________________________________________________ ___________________________________
Hand sanitizer that contains at least 60% ethanol or 70% isopropanol is available to all employees at the following location(s): Each work station ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _______________________________________
Soap and water are available to all employees at the following location(s):bathrooms
15-42
38 ________________________________________________________________ ________________________________________________________________ _______________________________________________________________ The City of South Pasadena has suspended the use of shared food and beverages (e.g. bringing in lunch for meetings that is shared “buffet style.” The agency has also discontinued the use of food and beverage equipment (which is shared by employees) including coffee brewers and water coolers. The City of South Pasadena has instructed staff to replace in-person meetings with other means of communication, including but not limited to telephone calls, e-mails, or videoconferences. The City of South Pasadena has directed employees that non-essential meetings should be canceled or postponed. The City of South Pasadena has increased the frequency of air filter replacement and HVAC system cleaning. The City of South Pasadena has also encouraged fresh air circulation by directing employees to open windows and doors, to the extent practicable and safe.
Other measures: Porter services will be providing targeted cleaning 3 times a week.___________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _________________________________________________________ The City of South Pasadena will provide training to all employees and officials regarding the measures it is taking and is requiring individuals to take to maintain a safe and healthy working environment in accordance with State guidelines.
Copies of this Protocol have been distributed to all employees in the following manner(s):
________________________________________________________________ ________________________________________________________________ __________________________
15-43
39 Job classifications or facilities to which specific measures may not apply and reason for such exemption(s):
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________
P. Measures Designed to Keep People At Least Six Feet Apart and Prevent Unnecessary Contact
The City of South Pasadena has placed signage outside the facility/worksite that instructs people to remain at least six feet apart, including when waiting to enter the facility/worksite.
The City of South Pasadena has placed tape or other markings at least six feet apart in public areas inside the facility/worksite where people frequently line up with signs directing members of the public to use the markings to maintain the requisite distance.
The City of South Pasadena has instructed all employees to maintain at least a six-foot distance from members of the public and from each other, except employees whose job duties require them to come into closer contact with others or as otherwise necessary.
The City of South Pasadena has instructed all employees using City of South Pasadena vehicles that, if feasible, only one person should occupy a vehicle at a time, and that if two employees are required for a task in the field, they should ride in separate vehicles.
The City of South Pasadena is providing for contactless payment systems (e.g., utility bills, building permits, or parking tickets) or, if not feasible, sanitizing payment systems regularly. Describe: Finance is using contactless payment systems.
Other measures (may be listed on separate page attached to these Protocols):
________________________________________________________________ ________________________________________________________________ 15-44
40 ________________________________________________________________ _______________________________________
Job classifications or facilities to which these measures may not apply and reasoning for such exemption(s):
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________
Q. Measures to Prevent Crowds from Gathering
The City of South Pasadena has limited the number of members of the public in the worksite/facility at any one time, which allows for members of the public and employees to more easily maintain at least a six-foot distance from one another at all practicable times.
The City of South Pasadena has posted an employee at the public access door to ensure the maximum number of members of the public at the facility/worksite is not exceeded.
The City of South Pasadena is streaming public meetings, including providing opportunities for public comment. Public meetings may be streamed here:
___________________________________________
The City of South Pasadena has spaced out or blocked off seating available in public meeting areas.
Other measures (may be listed on separate page attached to these Protocols):
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _______________________________________
Job classifications or facilities to which specific measures may not apply (list each measure) and reasoning for exemption(s):
_____________________________________________________________________ 15-45
41 _____________________________________________________________________ _____________________________________________________________________ _____________________________________________
R. Measures to Increase Sanitation for the Public
Restrooms normally open to the public remain open to the public. The City of South Pasadena has removed, to the extent practicable, soft and porous materials in public areas (e.g., fabric couches and chairs, area rugs).
Where City of South Pasadena has removed seating, it has replaced such seating with chairs that can be easily disinfected.
Disinfectants that are effective against COVID-19, such as disposable wipes, are available near public entrances, communal areas and in restrooms. Hand sanitizer, soap and water, or effective disinfectant is available to the public at or near the entrance of the facility/worksite, in communal areas, in restrooms and anywhere else inside the facility/worksite where people have direct interactions.
The City of South Pasadena is disinfecting all payment portals, pens, clipboards and other shared supplies utilized by members of the public after each use.
The City of South Pasadena is disinfecting all high-contact surfaces frequently. The City of South Pasadena has discontinued the use of rental equipment to the extent practicable.
Describe other measures:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _______________________________________
You may contact the following person with any questions or comments about this Protocol:
Contact Name: Michael Casalou
Job Title: Interim Human Resources Manager
Phone Number: 626-403-7312
15-46
42 Email Address: [email protected]
Date Adopted: ________________________
Date Last Revised: ____________________
15-47
43 SECTION TWO: FACILITY/WORKSITE-SPECIFIC MEASURES
City of South Pasadena Facility/Worksite’s Name and Address (e.g., City Hall, departments housed in their own buildings, community centers, and fire or police stations):
South Pasadena Public Library
1100 Oxley Street
South Pasadena, CA 91030
S. Use of Shared Areas
The following areas at South Pasadena Public Library are open to the public.
Public access to such areas at any one time may be limited to the number of individuals identified below:
Public Area
No public allowed in the
Library; No contact take out
service outside only
Maximum number of persons
allowed in the area at any
given time (this figure
includes agency personnel
who may also be in the area
with members of the public)
Main Lobby 8
Checkout/Reference/New
Books
4 Computer Zone 4
Reference Study Tables 5
Friends Last Chance 3
Teen Area 3
Nonfiction Stacks 500s-900s 6
Group Study Area 6
Nonfiction Stacks 000s-400s 3
15-48
44 AV/Biography Stacks 3
Quiet Study Zone/International
Area
7 Fiction Stacks 8
Magazine Area 5
Hallway (between Lobby &
Quiet Zone)
3 Public Restrooms I each Restroom
Children’s Room 12
Friends’ Bookstore 2
Friends’ Cashier (by elevator) 1
Administrative Office Waiting
Area
1 Conference Room 4
Community Room 20
The South Pasadena Public Library maintains several communal areas, which are utilized by City of South Pasadena employees. These communal areas are listed below. Access to such areas at any one time may be limited to the number of individuals identified in the chart below.
Communal Area Maximum number of
employees permitted in
the area at a given time
Technical Services work space 5
15-49
45 Computer Room 1
Janitor’s Supply Room 1
Friends’ Sorting Room 1
Children’s Librarians’ Office 1
Stacks 2 in each area
Main Lobby 5
Teen Room 1
Nonfiction Tables 2
International Tables 2
Magazine Area 1
Reference Librarians’ Office 1
Administrative Office 1
Library Director’s Office 1
Assistant Director’s Office 1
Staff Breakroom 3
Conference Room 2
Friends’ Bookstore 2
Community Room 8
T. Public Notice
Signage is posted at each public entrance of the facility/worksite to inform all employees and members of the public that they must not enter the facility/worksite if they have a cough, fever, shortness of breath, difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID19 identified by the Centers for Disease Control (“CDC”)). Signage states that, while in the facility/worksite, individuals must maintain a minimum six-foot distance from one another.
A copy of the City of South Pasadena’s Social Distancing and Individual Responsibility Policy is posted at each public entrance to the facility/worksite and/or made available on the City of South Pasadena’s website. 15-50
46 U. Employee Health and Safety
The City of South Pasadena directed everyone who is able to continue to telework to do so until further notice.
To reduce in-person head counts on any given work day, the City of South Pasadena has authorized the City Manager to allow, encourage, or require remote work as appropriate for any given employee or class of employees. The City of South Pasadena has also authorized the City Manager to implement flexible or staggered work schedules (e.g., staggered start times or days at the worksite) as needed.
For those employees who participate in the City of South Pasadena’s rideshare/carpooling program, the City of South Pasadena has amended or temporarily discontinued the rideshare/carpooling policy and protocols to address social distancing concerns.
The City of South Pasadena has canceled non-essential travel. The City of South Pasadena has directed all employees not to come to work if they are sick, including, but not limited to, exhibiting any symptoms of COVID-19 (e.g., cough, fever, shortness of breath, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID-19 identified by the Centers for Disease Control (“CDC”)). This may include recommending employees take their temperature themselves before the beginning of each workday. The City of South Pasadena is conducting symptom checks before allowing employees to enter facility/worksite pursuant to guidance provided by the CDC, the Department of Fair Employment and Housing (“DFEH”) and the Equal Employment Opportunity Commission (“EEOC”). Symptom checks may include temperature checks.
The City of South Pasadena has identified local health department contacts with whom it will communicate regarding information about COVID-19 outbreaks at the City of South Pasadena. The City of South Pasadena will assist local health departments in facilitating contract tracing for employees who test positive for COVID-19.
15-51
47 The City of South Pasadena is requiring all employees to use a cloth face covering at work when interacting with the public and other employees, and the City of South Pasadena is providing such face coverings at no cost to any employees who do not bring their own.
The City of South Pasadena has directed all employees that a cloth face covering must be warn at all times, except if an employee is in their own office and their door remains closed.
The City of South Pasadena has directed all employees who wear cloth face coverings to wash such face coverings after each shift. The City of South Pasadena has notified all members of the public that they will not be permitted to enter or remain in the facility/worksite unless they wear cloth face coverings. The City of South Pasadena provided such notice by means of communication, e.g., posting guidance on its website and/or posting signage at each public entrance of the facility/worksite. The City of South Pasadena has arranged desks or individual workstations in such a manner so that employees are separated by at least six feet. Break rooms, restrooms, and other common areas are disinfected frequently and thoroughly, according to the following schedule:
1. Breakrooms: After each use and hourly
2. Restrooms: After each use and hourly
3. Waiting areas: Closed
4. Conference rooms: After each use
5. [Council/Board] chambers: N/A
6. City of South Pasadena vehicles: N/A ______________________________
7. Elevators: Hourly
8. Other common areas (list each and describe cleaning schedule): Shared work stations after each use
________________________________________________________________ ________________________________________________________________ __________________________
15-52
48 The City of South Pasadena has removed, to the extent practicable, soft and porous materials in communal work areas (e.g., fabric couches and chairs, area rugs).
The City of South Pasadena has directed all employees to discontinue the use of shared office equipment to the extent practicable, or in the alternative to, sanitize shared surfaces and objects (e.g., conference room chairs and tables, counter tops, refrigerator door handles, agency vehicles keyboards, shared office supplies) after use.
The City of South Pasadena has directed all employees to sanitize certain parts of an agency vehicle after each use, including outside handles, steering wheels, rearview mirrors, radios, buttons on doors used to control windows and mirrors, gearshifts, and keys. The City of South Pasadena will place disinfectant and cleaning supplies in each vehicle.
The City of South Pasadena has directed all employees to frequently wash their hands with soap and water, or use sanitizer when a sink is not available, approximately every 60 minutes, for 20-seconds and after the following activities: using the restroom, sneezing, touching their face, blowing their nose, touching the refrigerator, using shared equipment such as tool handles and vehicles, cleaning, sweeping, mopping, smoking, eating, drinking, entering and leaving the building, going on a break and before the start of their work shift. Employees are allowed breaks, as needed, to wash their hands. The City of South Pasadena has placed tissues/paper towels and no-touch disposal receptacles at locations where they can be easily accessed by employees and members of the public, including but not limited to outside of every restroom, public entrance and entrance to a City of South Pasadena if such an entrance requires an individual to touch a door handle in order to enter. Disinfectant and related supplies are available to all employees at the following location(s):
Table in Main Lobby
Sinks and restrooms
15-53
49 Hand sanitizer that contains at least 60% ethanol or 70% isopropanol is available to all employees at the following location(s):
Table in Main Lobby
Library is supplying one travel-size bottle to each employee Soap and water are available to all employees at the following location(s):
Sink in Technical Services
Sinks in restrooms
Sink in Breakroom
The City of South Pasadena has suspended the use of shared food and beverages (e.g. bringing in lunch for meetings that is shared “buffet style.” The agency has also discontinued the use of food and beverage equipment (which is shared by employees) including coffee brewers and water coolers. The City of South Pasadena has instructed staff to replace in-person meetings with other means of communication, including but not limited to telephone calls, e-mails, or videoconferences. The City of South Pasadena has directed employees that non-essential meetings should be canceled or postponed. The City of South Pasadena has increased the frequency of air filter replacement and HVAC system cleaning. The City of South Pasadena has also encouraged fresh air circulation by directing employees to open windows and doors, to the extent practicable and safe.
Other measures:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________________________
The City of South Pasadena will provide training to all employees and officials regarding the measures it is taking and is requiring individuals to take to maintain a safe and healthy working environment in accordance with State guidelines.
15-54
50 Copies of this Protocol have been distributed to all employees in the following manner(s):
________________________________________________________________ ________________________________________________________________ __________________________
Job classifications or facilities to which specific measures may not apply and reason for such exemption(s):
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________
V. Measures Designed to Keep People At Least Six Feet Apart and Prevent Unnecessary Contact
The City of South Pasadena has placed signage outside the facility/worksite that instructs people to remain at least six feet apart, including when waiting to enter the facility/worksite.
The City of South Pasadena has placed tape or other markings at least six feet apart in public areas inside the facility/worksite where people frequently line up with signs directing members of the public to use the markings to maintain the requisite distance.
The City of South Pasadena has instructed all employees to maintain at least a six-foot distance from members of the public and from each other, except employees whose job duties require them to come into closer contact with others or as otherwise necessary.
The City of South Pasadena has instructed all employees using City of South Pasadena vehicles that, if feasible, [City/County/Agency/District] only one person should occupy a vehicle at a time, and that if two employees are required for a task in the field, they should ride in separate vehicles. The City of South Pasadena is providing for contactless payment systems (e.g., utility bills, building permits, or parking tickets) or, if not feasible, sanitizing 15-55
51 payment systems regularly.
Describe:________________________________________________________ ________________________________________________________________ ___________________________
Other measures (may be listed on separate page attached to these Protocols):
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _______________________________________
Job classifications or facilities to which these measures may not apply and reasoning for such exemption(s):
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________
W. Measures to Prevent Crowds from Gathering
The City of South Pasadena has limited the number of members of the public in the worksite/facility at any one time, which allows for members of the public and employees to more easily maintain at least a six-foot distance from one another at all practicable times.
The City of South Pasadena has posted an employee at the public access door to ensure the maximum number of members of the public at the facility/worksite is not exceeded.
The City of South Pasadena is streaming public meetings, including providing opportunities for public comment. Public meetings may be streamed here:
___________________________________________
The City of South Pasadena has spaced out or blocked off seating available in public meeting areas.
15-56
52 Other measures (may be listed on separate page attached to these Protocols):
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _______________________________________
Job classifications or facilities to which specific measures may not apply (list each measure) and reasoning for exemption(s):
_____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________ _____________________________________________
X. Measures to Increase Sanitation for the Public
Restrooms normally open to the public remain open to the public. The City of South Pasadena has removed, to the extent practicable, soft and porous materials in public areas (e.g., fabric couches and chairs, area rugs).
Where City of South Pasadena has removed seating, it has replaced such seating with chairs that can be easily disinfected.
Disinfectants that are effective against COVID-19, such as disposable wipes, are available near public entrances, communal areas and in restrooms. Hand sanitizer, soap and water, or effective disinfectant is available to the public at or near the entrance of the facility/worksite, in communal areas, in restrooms and anywhere else inside the facility/worksite where people have direct interactions.
The City of South Pasadena is disinfecting all payment portals, pens, clipboards and other shared supplies utilized by members of the public after each use.
The City of South Pasadena is disinfecting all high-contact surfaces frequently. The City of South Pasadena has discontinued the use of rental equipment to the extent practicable.
Describe other measures: No contact takeout service will be offered until County relaxes orders.
15-57
53 You may contact the following person with any questions or comments about this Protocol:
Contact Name: Cathy Billings
Job Title: Library Director
Phone Number: (626) 403-7352
Email Address: [email protected]
Date Adopted: ________________________
Date Last Revised:
15-58
54 SECTION TWO: FACILITY/WORKSITE-SPECIFIC MEASURES
City of South Pasadena Facility/Worksite’s Name and Address (e.g., City Hall, departments housed in their own buildings, community centers, and fire or police stations): _
Water Distribution Operations: Garfield Reservoir
416 Garfield Ave South Pasadena, CA 91030
Y. Use of Shared Areas
The following areas at [facility/worksite] are open to the public. Public access to such areas at any one time may be limited to the number of individuals identified below:
Public Area Maximum number of persons
allowed in the area at any given
time (this figure includes
agency personnel who may
also be in the area with
members of the public)
No Public Area
The [facility/worksite] maintains several communal areas, which are utilized by City of South Pasadena employees. These communal areas are listed below.
Access to such areas at any one time may be limited to the number of individuals identified in the chart below.
15-59
55 Communal Area Maximum number of
employees permitted in
the area at a given time
Water Division Office 2
Conference room 10
Locker room 2
Kitchen room 2
Z. Public Notice
Signage is posted at each public entrance of the facility/worksite to inform all employees and members of the public that they must not enter the facility/worksite if they have a cough, fever, shortness of breath, difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID19 identified by the Centers for Disease Control (“CDC”)). Signage states that, while in the facility/worksite, individuals must maintain a minimum six-foot distance from one another.
A copy of the City of South Pasadena Social Distancing and Individual Responsibility Policy is posted at each public entrance to the facility/worksite and/or made available on the City of South Pasadena website.
AA. Employee Health and Safety
The City of South Pasadena directed everyone who is able to continue to telework to do so until further notice.
To reduce in-person head counts on any given work day, the City of South Pasadena has authorized the City Manager to allow, encourage, or require remote work as appropriate for any given employee or class of employees. The City of South Pasadena has also authorized the City Manager to implement 15-60
56 flexible or staggered work schedules (e.g., staggered start times or days at the worksite) as needed.
For those employees who participate in the City of South Pasadena rideshare/carpooling program, the City of South Pasadena has amended or temporarily discontinued the rideshare/carpooling policy and protocols to address social distancing concerns.
The City of South Pasadena has canceled non-essential travel. The City of South Pasadena has directed all employees not to come to work if they are sick, including, but not limited to, exhibiting any symptoms of COVID-19 (e.g., cough, fever, shortness of breath, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID-19 identified by the Centers for Disease Control (“CDC”)). This may include recommending employees take their temperature themselves before the beginning of each workday. The City of South Pasadena is conducting symptom checks before allowing employees to enter facility/worksite pursuant to guidance provided by the CDC, the Department of Fair Employment and Housing (“DFEH”) and the Equal Employment Opportunity Commission (“EEOC”). Symptom checks may include temperature checks.
The City of South Pasadena has identified local health department contacts with whom it will communicate regarding information about COVID-19 outbreaks at the City of South Pasadena. The City of South Pasadena will assist local health departments in facilitating contract tracing for employees who test positive for COVID-19.
The City of South Pasadena is requiring all employees to use a cloth face covering at work when interacting with the public and other employees, and the City of South Pasadena is providing such face coverings at no cost to any employees who do not bring their own.
The City of South Pasadena has directed all employees that a cloth face covering must be warn at all times, except if an employee is in their own office and their door remains closed.
15-61
57 The City of South Pasadena has directed all employees who wear cloth face coverings to wash such face coverings after each shift. The City of South Pasadena has notified all members of the public that they will not be permitted to enter or remain in the facility/worksite unless they wear cloth face coverings. The City of South Pasadena provided such notice by its website and/or posting signage at each public entrance of the facility/worksite.
The City of South Pasadena has arranged desks or individual workstations in such a manner so that employees are separated by at least six feet. Break rooms, restrooms, and other common areas are disinfected frequently and thoroughly, according to the following schedule:
1. Breakrooms: daily
2. Restrooms: door handles every hour
_______________________________
3. Waiting areas: _____N/A_____________________________
4. Conference rooms: ________Daily_______________________
5. [Council/Board] chambers: _______________________
6. City of South Pasadena vehicles: ___Daily___________________________
7. Elevators: ________Daily_______________
8. Other common areas (list each and describe cleaning schedule):
________________________
________________________________________________________________ ________________________________________________________________ ____________________
The City of South Pasadena has removed, to the extent practicable, soft and porous materials in communal work areas (e.g., fabric couches and chairs, area rugs).
The City of South Pasadena has directed all employees to discontinue the use of shared office equipment to the extent practicable, or in the alternative to, sanitize shared surfaces and objects (e.g., conference room chairs and tables, 15-62
58 counter tops, refrigerator door handles, agency vehicles keyboards, shared office supplies) after use.
The City of South Pasadena has directed all employees to sanitize certain parts of an agency vehicle after each use, including outside handles, steering wheels, rearview mirrors, radios, buttons on doors used to control windows and mirrors, gearshifts, and keys. The City of South Pasadena will place disinfectant and cleaning supplies in each vehicle.
The City of South Pasadena has directed all employees to frequently wash their hands with soap and water, or use sanitizer when a sink is not available, approximately every 60 minutes, for 20-seconds and after the following activities: using the restroom, sneezing, touching their face, blowing their nose, touching the refrigerator, using shared equipment such as tool handles and vehicles, cleaning, sweeping, mopping, smoking, eating, drinking, entering and leaving the building, going on a break and before the start of their work shift. Employees are allowed breaks, as needed, to wash their hands. The City of South Pasadena has placed tissues/paper towels and no-touch disposal receptacles at locations where they can be easily accessed by employees and members of the public, including but not limited to outside of every restroom, public entrance and entrance to a City of South Pasadena if such an entrance requires an individual to touch a door handle in order to enter. Disinfectant and related supplies are available to all employees at the following location(s):
Operations building lobby
___________________________________________________
Hand sanitizer that contains at least 60% ethanol or 70% isopropanol is available to all employees at the following location(s):
Conference room, kitchen, break room, individual hand sanitizers provided to every water operator
_________________________________________________
Soap and water are available to all employees at the following location(s):
15-63
59 Bathrooms, kitchen, conference room,
kitchenette.______________________________________________________ ___________________________________________
The City of South Pasadena has suspended the use of shared food and beverages (e.g. bringing in lunch for meetings that is shared “buffet style.” The agency has also discontinued the use of food and beverage equipment (which is shared by employees) including coffee brewers and water coolers. The City of South Pasadena has instructed staff to replace in-person meetings with other means of communication, including but not limited to telephone calls, e-mails, or videoconferences. The City of South Pasadena has directed employees that non-essential meetings should be canceled or postponed. The City of South Pasadena has increased the frequency of air filter replacement and HVAC system cleaning. The City of South Pasadena has also encouraged fresh air circulation by directing employees to open windows and doors, to the extent practicable and safe.
Other measures:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________________________
The City of South Pasadena will provide training to all employees and officials regarding the measures it is taking and is requiring individuals to take to maintain a safe and healthy working environment in accordance with State guidelines.
Copies of this Protocol have been distributed to all employees in the following manner(s):
________________________________________________________________ ________________________________________________________________ __________________________
15-64
60 Job classifications or facilities to which specific measures may not apply and reason for such
exemption(s): ____N/A__________________________________________________ _____________________________________________________________________ _____________________________________________________________________ ____________________________________________________________ BB. Measures Designed to Keep People At Least Six Feet Apart and Prevent Unnecessary Contact
The City of South Pasadena has placed signage outside the facility/worksite that instructs people to remain at least six feet apart, including when waiting to enter the facility/worksite.
The City of South Pasadena has placed tape or other markings at least six feet apart in public areas inside the facility/worksite where people frequently line up with signs directing members of the public to use the markings to maintain the requisite distance.
The City of South Pasadena has instructed all employees to maintain at least a six-foot distance from members of the public and from each other, except employees whose job duties require them to come into closer contact with others or as otherwise necessary.
The City of South Pasadena has instructed all employees using City of South Pasadena vehicles that, if feasible, only one person should occupy a vehicle at a time, and that if two employees are required for a task in the field, they should ride in separate vehicles.
The City of South Pasadena is providing for contactless payment systems (e.g., utility bills, building permits, or parking tickets) or, if not feasible, sanitizing payment systems regularly. Describe:__ACH Payment processing system __________________________________________________________ ________________________________________________
Other measures (may be listed on separate page attached to these Protocols):
________________________________________________________________ 15-65
61 _____N/A________________________________________________________ ___________________________
Job classifications or facilities to which these measures may not apply and reasoning for such exemption(s): __________N/A
_____________________________________________________________________ _____________________________________________________________________ ____________________________________
CC. Measures to Prevent Crowds from Gathering – NOT APPLICABLE The City of South Pasadena has limited the number of members of the public in the worksite/facility at any one time, which allows for members of the public and employees to more easily maintain at least a six-foot distance from one another at all practicable times.
The City of South Pasadena has posted an employee at the public access door to ensure the maximum number of members of the public at the facility/worksite is not exceeded.
The City of South Pasadena is streaming public meetings, including providing opportunities for public comment. Public meetings may be streamed here:
___________________________________________
The City of South Pasadena has spaced out or blocked off seating available in public meeting areas.
Other measures (may be listed on separate page attached to these Protocols):
________________________________________________________________ ______N/A_______________________________________________________ ________________________________________________________________ ____________________
Job classifications or facilities to which specific measures may not apply (list each measure) and reasoning for
exemption(s): N/A______________________________________________________ ___________________________________________________
15-66
62 DD. Measures to Increase Sanitation for the Public – NOT APPLICABLE Restrooms normally open to the public remain open to the public. The City of South Pasadena has removed, to the extent practicable, soft and porous materials in public areas (e.g., fabric couches and chairs, area rugs).
Where City of South Pasadena has removed seating, it has replaced such seating with chairs that can be easily disinfected.
Disinfectants that are effective against COVID-19, such as disposable wipes, are available near public entrances, communal areas and in restrooms. Hand sanitizer, soap and water, or effective disinfectant is available to the public at or near the entrance of the facility/worksite, in communal areas, in restrooms and anywhere else inside the facility/worksite where people have direct interactions.
The City of South Pasadena is disinfecting all payment portals, pens, clipboards and other shared supplies utilized by members of the public after each use.
The City of South Pasadena is disinfecting all high-contact surfaces frequently. The City of South Pasadena] has discontinued the use of rental equipment to the extent practicable.
Describe other measures:
You may contact the following person with any questions or comments about this Protocol:
Contact Name: Julian Lee
Job Title: Deputy Public Works Director
Phone Number: (626) 460-6392
Email Address: [email protected]
Date Adopted: 6/1/20 ___________________
Date Last Revised: 6/4/20
15-67
63 SECTION TWO: FACILITY/WORKSITE-SPECIFIC MEASURES
City of South Pasadena Public Works Yard: 825 Mission
Street, houses Public Works Operations including Facilities, Parks, and Street/Sewer Sections.
EE. Use of Shared Areas
The following areas at the yard are not open to the public. Public access to such areas at any one time may be limited to the number of individuals identified below:
Public Area Maximum number of persons
allowed in the area at any given
time (this figure includes
agency personnel who may
also be in the area with
members of the public)
The Public Works Yard is not
Open to the Public
The yard maintains several communal areas, which are utilized by City of South Pasadena employees. These communal areas are listed below. Access to such areas at any one time may be limited to the number of individuals identified in the chart below.
15-68
64 Communal Area Maximum number of
employees permitted in the
area at a given time
Break room 6
Facilities office area 3 and 1 Supervisor in a
separate office
Parks office 2
Streets/Sewer office area 4 and 2 in separate offices
Locker room/ restroom 3, staggered changing times
Operations Front Office 2
Operations Manager’s Office 2
Operations Conference Room 2
FF.Public Notice
Signage is posted at each public entrance of the facility/worksite to inform all employees and members of the public that they must not enter the facility/worksite if they have a cough, fever, shortness of breath, difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID19 identified by the Centers for Disease Control (“CDC”)). Signage states that, while in the facility/worksite, individuals must maintain a minimum six-foot distance from one another.
A copy of the City of South Pasadena’s Social Distancing and Individual Responsibility Policy is posted at each public entrance to the facility/worksite and/or made available on the City of South Pasadena’s website.
GG. Employee Health and Safety
The City of South Pasadena directed everyone who is able to continue to telework to do so until further notice.
To reduce in-person head counts on any given work day, the City of South Pasadena has authorized the City Manager to allow, encourage, or require remote work as appropriate for any given employee or class of employees. The 15-69
65 City of South Pasadena has also authorized the City Manager to implement flexible or staggered work schedules (e.g., staggered start times or days at the worksite) as needed.
For those employees who participate in the City of South Pasadena’s rideshare/carpooling program, the City of South Pasadena has amended or temporarily discontinued the rideshare/carpooling policy and protocols to address social distancing concerns.
The City of South Pasadena has canceled non-essential travel. The City of South Pasadena has directed all employees not to come to work if they are sick, including, but not limited to, exhibiting any symptoms of COVID-19 (e.g., cough, fever, shortness of breath, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID-19 identified by the Centers for Disease Control (“CDC”)). This may include recommending employees take their temperature themselves before the beginning of each workday. The City of South Pasadena is conducting symptom checks before allowing employees to enter facility/worksite pursuant to guidance provided by the CDC, the Department of Fair Employment and Housing (“DFEH”) and the Equal Employment Opportunity Commission (“EEOC”). Symptom checks may include temperature checks.
The City of South Pasadena has identified local health department contacts with whom it will communicate regarding information about COVID-19 outbreaks at the City of South Pasadena. The City of South Pasadena will assist local health departments in facilitating contract tracing for employees who test positive for COVID-19.
The City of South Pasadena is requiring all employees to use a cloth face covering at work when interacting with the public and other employees, and the City of South Pasadena is providing such face coverings at no cost to any employees who do not bring their own.
The City of South Pasadena has directed all employees that a cloth face covering must be warn at all times, except if an employee is in their own office and their door remains closed.
15-70
66 The City of South Pasadena has directed all employees who wear cloth face coverings to wash such face coverings after each shift. The City of South Pasadena has notified all members of the public that they will not be permitted to enter or remain in the facility/worksite unless they wear cloth face coverings. The City of South Pasadena provided such notice by posting guidance on its website and/or posting signage at each public entrance of the facility/worksite.
The City of South Pasadena has arranged desks or individual workstations in such a manner so that employees are separated by at least six feet. Break rooms, restrooms, and other common areas are disinfected frequently and thoroughly, according to the following schedule:
1. Breakrooms: ___Daily, before after use_
2. Restrooms: _______Daily____________________
3. Waiting areas: ___________________N/A_______________
4. Conference rooms: ___________daily, before and after use_
5. [Council/Board] chambers: _N/a______________________
6. City of South Pasadena vehicles: _End of day and periodically throughout the day____
7. Elevators: __NA_____________________
8. Other common areas (list each and describe cleaning schedule): Offices – daily and as needed___
________________________________________________________________ _____________________
The City of South Pasadena has removed, to the extent practicable, soft and porous materials in communal work areas (e.g., fabric couches and chairs, area rugs).
The City of South Pasadena has directed all employees to discontinue the use of shared office equipment to the extent practicable, or in the alternative to, sanitize shared surfaces and objects (e.g., conference room chairs and tables, counter tops, refrigerator door handles, agency vehicles keyboards, shared office supplies) after use.
15-71
67 The City of South Pasadena has directed all employees to sanitize certain parts of an agency vehicle after each use, including outside handles, steering wheels, rearview mirrors, radios, buttons on doors used to control windows and mirrors, gearshifts, and keys. The City of South Pasadena will place disinfectant and cleaning supplies in each vehicle.
The City of South Pasadena has directed all employees to frequently wash their hands with soap and water, or use sanitizer when a sink is not available, approximately every 60 minutes, for 20-seconds and after the following activities: using the restroom, sneezing, touching their face, blowing their nose, touching the refrigerator, using shared equipment such as tool handles and vehicles, cleaning, sweeping, mopping, smoking, eating, drinking, entering and leaving the building, going on a break and before the start of their work shift. Employees are allowed breaks, as needed, to wash their hands. The City of South Pasadena has placed tissues/paper towels and no-touch disposal receptacles at locations where they can be easily accessed by employees and members of the public, including but not limited to outside of every restroom, public entrance and entrance to a City of South Pasadena if such an entrance requires an individual to touch a door handle in order to enter. Disinfectant and related supplies are available to all employees at the following location(s):
At each office area and in the break room
Hand sanitizer that contains at least 60% ethanol or 70% isopropanol is available to all employees at the following location(s): at each office area and break room, truck and on person
Soap and water are available to all employees at the following location(s):
Breakroom, and restroom
The City of South Pasadena has suspended the use of shared food and beverages (e.g. bringing in lunch for meetings that is shared “buffet style.” The agency has also discontinued the use of food and beverage equipment (which is shared by employees) including coffee brewers and water coolers. 15-72
68 The City of South Pasadena has instructed staff to replace in-person meetings with other means of communication, including but not limited to telephone calls, e-mails, or videoconferences. The City of South Pasadena has directed employees that non-essential meetings should be canceled or postponed. The City of South Pasadena has increased the frequency of air filter replacement and HVAC system cleaning. The City of South Pasadena has also encouraged fresh air circulation by directing employees to open windows and doors, to the extent practicable and safe.
Other measures:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________________________
The City of South Pasadena will provide training to all employees and officials regarding the measures it is taking and is requiring individuals to take to maintain a safe and healthy working environment in accordance with State guidelines.
Copies of this Protocol have been distributed to all employees in the following manner(s): email and print
Job classifications or facilities to which specific measures may not apply and reason for such exemption(s):
________________NA__________________________________________________ _____________________________________________________________________ _____________________________________________________________________ ________________________________________________
HH. Measures Designed to Keep People At Least Six Feet Apart and Prevent Unnecessary Contact
15-73
69 The City of South Pasadena has placed signage outside the facility/worksite that instructs people to remain at least six feet apart, including when waiting to enter the facility/worksite.
The City of South Pasadena has placed tape or other markings at least six feet apart in public areas inside the facility/worksite where people frequently line up with signs directing members of the public to use the markings to maintain the requisite distance.
The City of South Pasadena has instructed all employees to maintain at least a six-foot distance from members of the public and from each other, except employees whose job duties require them to come into closer contact with others or as otherwise necessary.
The City of South Pasadena has instructed all employees using City of South Pasadena vehicles that, if feasible, only one person should occupy a vehicle at a time, and that if two employees are required for a task in the field, they should ride in separate vehicles.
The City of South Pasadena is providing for contactless payment systems (e.g., utility bills, building permits, or parking tickets) or, if not feasible, sanitizing payment systems regularly.
Describe:____NA_________________________________________________ ________________________________________________________________ ______________________________
Other measures (may be listed on separate page attached to these Protocols):
______________________NA_______________________________________ ________________________________________________________________ ________________________________________________________________ __________________________________________
Job classifications or facilities to which these measures may not apply and reasoning for such exemption(s):
____________________________NA______________________________________ _____________________________________________________________________ 15-74
70 _____________________________________________________________________ ________________________________________________
II. Measures to Prevent Crowds from Gathering
The City of South Pasadena has limited the number of members of the public in the worksite/facility at any one time, which allows for members of the public and employees to more easily maintain at least a six-foot distance from one another at all practicable times.
The City of South Pasadena has posted an employee at the public access door to ensure the maximum number of members of the public at the facility/worksite is not exceeded.
The City of South Pasadena is streaming public meetings, including providing opportunities for public comment. Public meetings may be streamed here:
___________________________________________
The City of South Pasadena has spaced out or blocked off seating available in public meeting areas.
Other measures (may be listed on separate page attached to these Protocols):
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _______________________________________
Job classifications or facilities to which specific measures may not apply (list each measure) and reasoning for exemption(s):
__________________________________NA________________________________ _____________________________________________________________________ _____________________________________________________________________ ________________________________________________
JJ. Measures to Increase Sanitation for the Public
Restrooms normally open to the public remain open to the public. The City of South Pasadena has removed, to the extent practicable, soft and porous materials in public areas (e.g., fabric couches and chairs, area rugs). 15-75
71 Where City of South Pasadena has removed seating, it has replaced such seating with chairs that can be easily disinfected.
Disinfectants that are effective against COVID-19, such as disposable wipes, are available near public entrances, communal areas and in restrooms. Hand sanitizer, soap and water, or effective disinfectant is available to the public at or near the entrance of the facility/worksite, in communal areas, in restrooms and anywhere else inside the facility/worksite where people have direct interactions.
The City of South Pasadena is disinfecting all payment portals, pens, clipboards and other shared supplies utilized by members of the public after each use.
The City of South Pasadena is disinfecting all high-contact surfaces frequently. The City of South Pasadena] has discontinued the use of rental equipment to the extent practicable.
Describe other measures:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _______________________________________
You may contact the following person with any questions or comments about this Protocol:
Contact Name: Garrett Crawford
Job Title: Public Works Operations Manager
Phone Number: 626-403-7376
Email Address: [email protected]
Date Adopted: ________________________
Date Last Revised:
15-76
72 SECTION TWO: FACILITY/WORKSITE-SPECIFIC MEASURES
Community Services Facilities:
South Pasadena Senior Center 1102 Oxley Street, Orange Grove Recreation Building 815 Mission Street, Eddie Park House 2017 Edgewood Drive, Youth House 625 Stratford Drive, War Memorial 435 Fair Oaks Avenue.
Use of Shared Areas
The following areas at the yard are not open to the public. Public access to such areas at any one time may be limited to the number of individuals identified below:
Public Area Maximum number of persons
allowed in the area at any given
time (this figure includes
agency personnel who may
also be in the area with
members of the public)
South Pasadena Senior Center
Multi-purpose room 20
Computer Lab 6
Front Classroom A 8
Front Classroom B 8
Lobby 6
Orange Grove Recreation Bldg
Recreation Offices
Kitchen
8 Mid-Level 10
Camp Med 24
Eddie Park House-Main Room 13
Sun Room 8
Youth House 6
War Memorial-Main Level 24
Lower Level 15
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73 The yard maintains several communal areas, which are utilized by City of South Pasadena employees. These communal areas are listed below. Access to such areas at any one time may be limited to the number of individuals identified in the chart below.
Communal Area Maximum number of
employees permitted in the
area at a given time
Senior Center-Break Room 1
Senior Center Lobby 3
Senior Center Office 4
Recreation Kitchen 2
Recreation Office Space Shared 5
Recreation Lobby 2
KK. Public Notice
Signage is posted at each public entrance of the facility/worksite to inform all employees and members of the public that they must not enter the facility/worksite if they have a cough, fever, shortness of breath, difficulty breathing, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID19 identified by the Centers for Disease Control (“CDC”)). Signage states that, while in the facility/worksite, individuals must maintain a minimum six-foot distance from one another.
A copy of the City of South Pasadena’s Social Distancing and Individual Responsibility Policy is posted at each public entrance to the facility/worksite and/or made available on the City of South Pasadena’s website.
LL.Employee Health and Safety
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74 The City of South Pasadena directed everyone who is able to continue to telework to do so until further notice.
To reduce in-person head counts on any given work day, the City of South Pasadena has authorized the City Manager to allow, encourage, or require remote work as appropriate for any given employee or class of employees. The City of South Pasadena has also authorized the City Manager to implement flexible or staggered work schedules (e.g., staggered start times or days at the worksite) as needed.
For those employees who participate in the City of South Pasadena’s rideshare/carpooling program, the City of South Pasadena has amended or temporarily discontinued the rideshare/carpooling policy and protocols to address social distancing concerns.
The City of South Pasadena has canceled non-essential travel. The City of South Pasadena has directed all employees not to come to work if they are sick, including, but not limited to, exhibiting any symptoms of COVID-19 (e.g., cough, fever, shortness of breath, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or other symptoms consistent with COVID-19 identified by the Centers for Disease Control (“CDC”)). This may include recommending employees take their temperature themselves before the beginning of each workday. The City of South Pasadena is conducting symptom checks before allowing employees to enter facility/worksite pursuant to guidance provided by the CDC, the Department of Fair Employment and Housing (“DFEH”) and the Equal Employment Opportunity Commission (“EEOC”). Symptom checks may include temperature checks.
The City of South Pasadena has identified local health department contacts with whom it will communicate regarding information about COVID-19 outbreaks at the City of South Pasadena. The City of South Pasadena will assist local health departments in facilitating contract tracing for employees who test positive for COVID-19.
The City of South Pasadena is requiring all employees to use a cloth face covering at work when interacting with the public and other employees, and the 15-79
75 City of South Pasadena is providing such face coverings at no cost to any employees who do not bring their own.
The City of South Pasadena has directed all employees that a cloth face covering must be warn at all times, except if an employee is in their own office and their door remains closed.
The City of South Pasadena has directed all employees who wear cloth face coverings to wash such face coverings after each shift. The City of South Pasadena has notified all members of the public that they will not be permitted to enter or remain in the facility/worksite unless they wear cloth face coverings. The City of South Pasadena provided such notice by posting guidance on its website and/or posting signage at each public entrance of the facility/worksite.
The City of South Pasadena has arranged desks or individual workstations in such a manner so that employees are separated by at least six feet. Break rooms, restrooms, and other common areas are disinfected frequently and thoroughly, according to the following schedule:
1. Breakrooms: After use and nightly
2. Restrooms: After Use and nightly
3. Waiting areas: 3 times a day
4. Conference rooms:
5. [Council/Board] chambers: _N/a______________________
6. City of South Pasadena vehicles: _End of day and periodically throughout the day____
7. Elevators: __NA_____________________
8. Other common areas (list each and describe cleaning schedule): Offices – daily and as needed___
________________________________________________________________ _____________________
The City of South Pasadena has removed, to the extent practicable, soft and porous materials in communal work areas (e.g., fabric couches and chairs, area rugs).
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76 The City of South Pasadena has directed all employees to discontinue the use of shared office equipment to the extent practicable, or in the alternative to, sanitize shared surfaces and objects (e.g., conference room chairs and tables, counter tops, refrigerator door handles, agency vehicles keyboards, shared office supplies) after use.
The City of South Pasadena has directed all employees to sanitize certain parts of an agency vehicle after each use, including outside handles, steering wheels, rearview mirrors, radios, buttons on doors used to control windows and mirrors, gearshifts, and keys. The City of South Pasadena will place disinfectant and cleaning supplies in each vehicle.
The City of South Pasadena has directed all employees to frequently wash their hands with soap and water, or use sanitizer when a sink is not available, approximately every 60 minutes, for 20-seconds and after the following activities: using the restroom, sneezing, touching their face, blowing their nose, touching the refrigerator, using shared equipment such as tool handles and vehicles, cleaning, sweeping, mopping, smoking, eating, drinking, entering and leaving the building, going on a break and before the start of their work shift. Employees are allowed breaks, as needed, to wash their hands. The City of South Pasadena has placed tissues/paper towels and no-touch disposal receptacles at locations where they can be easily accessed by employees and members of the public, including but not limited to outside of every restroom, public entrance and entrance to a City of South Pasadena if such an entrance requires an individual to touch a door handle in order to enter. Disinfectant and related supplies are available to all employees at the following location(s):
Storage Supply Room
Hand sanitizer that contains at least 60% ethanol or 70% isopropanol is available to all employees at the following location(s): at each office area. Soap and water are available to all employees at the following location(s):
Restrooms and Kitchen
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77 The City of South Pasadena has suspended the use of shared food and beverages (e.g. bringing in lunch for meetings that is shared “buffet style.” The agency has also discontinued the use of food and beverage equipment (which is shared by employees) including coffee brewers and water coolers. The City of South Pasadena has instructed staff to replace in-person meetings with other means of communication, including but not limited to telephone calls, e-mails, or videoconferences. The City of South Pasadena has directed employees that non-essential meetings should be canceled or postponed. The City of South Pasadena has increased the frequency of air filter replacement and HVAC system cleaning. The City of South Pasadena has also encouraged fresh air circulation by directing employees to open windows and doors, to the extent practicable and safe.
Other measures:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ ____________________________________________________
The City of South Pasadena will provide training to all employees and officials regarding the measures it is taking and is requiring individuals to take to maintain a safe and healthy working environment in accordance with State guidelines.
Copies of this Protocol have been distributed to all employees in the following manner(s): email and print
Job classifications or facilities to which specific measures may not apply and reason for such exemption(s):
________________NA__________________________________________________ _____________________________________________________________________ _____________________________________________________________________ ________________________________________________
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78 MM. Measures Designed to Keep People At Least Six Feet Apart and Prevent Unnecessary Contact
The City of South Pasadena has placed signage outside the facility/worksite that instructs people to remain at least six feet apart, including when waiting to enter the facility/worksite.
The City of South Pasadena has placed tape or other markings at least six feet apart in public areas inside the facility/worksite where people frequently line up with signs directing members of the public to use the markings to maintain the requisite distance.
The City of South Pasadena has instructed all employees to maintain at least a six-foot distance from members of the public and from each other, except employees whose job duties require them to come into closer contact with others or as otherwise necessary.
The City of South Pasadena has instructed all employees using City of South Pasadena vehicles that, if feasible, only one person should occupy a vehicle at a time, and that if two employees are required for a task in the field, they should ride in separate vehicles.
The City of South Pasadena is providing for contactless payment systems (e.g., utility bills, building permits, or parking tickets) or, if not feasible, sanitizing payment systems regularly. Describe: Online registration for all classes and camps.
Other measures (may be listed on separate page attached to these Protocols):
______________________NA_______________________________________ ________________________________________________________________ ________________________________________________________________ __________________________________________
Job classifications or facilities to which these measures may not apply and reasoning for such exemption(s):
____________________________NA______________________________________ _____________________________________________________________________ 15-83
79 _____________________________________________________________________ ________________________________________________
NN. Measures to Prevent Crowds from Gathering
The City of South Pasadena has limited the number of members of the public in the worksite/facility at any one time, which allows for members of the public and employees to more easily maintain at least a six-foot distance from one another at all practicable times.
The City of South Pasadena has posted an employee at the public access door to ensure the maximum number of members of the public at the facility/worksite is not exceeded.
The City of South Pasadena is streaming public meetings, including providing opportunities for public comment. Public meetings may be streamed here:
___________________________________________
The City of South Pasadena has spaced out or blocked off seating available in public meeting areas.
Other measures (may be listed on separate page attached to these Protocols):
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _______________________________________
Job classifications or facilities to which specific measures may not apply (list each measure) and reasoning for exemption(s):
__________________________________NA________________________________ _____________________________________________________________________ _____________________________________________________________________ ________________________________________________
OO. Measures to Increase Sanitation for the Public
Restrooms normally open to the public remain open to the public. The City of South Pasadena has removed, to the extent practicable, soft and porous materials in public areas (e.g., fabric couches and chairs, area rugs). 15-84
80 Where City of South Pasadena has removed seating, it has replaced such seating with chairs that can be easily disinfected.
Disinfectants that are effective against COVID-19, such as disposable wipes, are available near public entrances, communal areas and in restrooms. Hand sanitizer, soap and water, or effective disinfectant is available to the public at or near the entrance of the facility/worksite, in communal areas, in restrooms and anywhere else inside the facility/worksite where people have direct interactions.
The City of South Pasadena is disinfecting all payment portals, pens, clipboards and other shared supplies utilized by members of the public after each use.
The City of South Pasadena is disinfecting all high-contact surfaces frequently. The City of South Pasadena] has discontinued the use of rental equipment to the extent practicable.
Describe other measures:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ _______________________________________
You may contact the following person with any questions or comments about this Protocol:
Contact Name: Sheila Pautsch
Job Title: Community Services Director
Phone Number: 626-403-7362
Email Address: [email protected]
Date Adopted: ________________________
Date Last Revised:
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ADMINISTRATIVE POLICY AND PROTOCOLS FOR CLEANING AND DISINFECTING THE WORKPLACE 81 ADMINISTRATIVE POLICY AND PROTOCOLS FOR CLEANING AND
DISINFECTING THE WORKPLACE
I. Preamble
The purpose of the California Occupational Safety and Health Act of 1973 is to assure safe and healthy working conditions for all workers. (Labor Code § 6300, et seq.)
The Centers for Disease Control and Prevention (“CDC”) recommends cleaning and disinfecting public spaces, such as the workplace, in order to reduce the risk of exposure to SARS-CoV-2, the virus that causes COVID-19 (hereinafter “the virus that causes COVID-19”). Normal routine cleaning with soap and water removes germs and dirt from surfaces, and lowers the risk of spreading the virus that causes COVID-19. Disinfecting kills germs on surfaces. Killing germs on surfaces after cleaning can further lower the risk of spreading infection.
The City of South Pasadena therefore implements this Administrative Policy and Protocols for Cleaning and Disinfecting the Workplace for the protection of all employees, their families, and the public we serve.
II. Statement of Policy
The purpose of this Policy is to ensure healthy and safe working conditions for all City of South Pasadena employees through adherence to federal, state, and local cleaning and disinfecting requirements, recommendations, and best practices intended to limit exposure to the virus that causes COVID-19. Ensuring healthy and safe working conditions and the health and safety of employees is a business necessity for the City of South Pasadena.
III. Compliance
The City of South Pasadena intends to fully and faithfully comply with any and all applicable federal, state, and local regulations and guidance regarding cleaning and disinfecting worksites in the administration of this Policy and associated protocol.
IV. Policy
Scope of Coverage:
This policy will apply with equal force to all properties and facilities over which the City of South Pasadena has custody and control, including both indoor and outdoor areas.
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ADMINISTRATIVE POLICY AND PROTOCOLS FOR CLEANING AND DISINFECTING THE WORKPLACE 82 Effective Date:
This Policy shall be effective immediately upon adoption and shall remain in effect until the City of South Pasadena advises employees that the Policy is no longer operative due to the end of the present public health emergency.
Cleaning Practices for Outdoor Areas:
The virus that causes COVID-19 naturally dies within hours to days in typical indoor and outdoor environments. Warmer temperatures and exposure to sunlight reduces the time the virus survives on surfaces and objects. Outdoor areas generally require normal routine cleaning and do not require disinfection. (a) City of South Pasadena’s Responsibilities:
The City of South Pasadena will maintain existing cleaning and hygiene practices of outdoor areas.
(b) Employee Responsibilities:
In addition to the efforts undertaken by City of South Pasadena, employees are expected to comply will directives issued in the City of South Pasadena’s Administrative Policy and Protocols for Social Distancing and Individual Responsibility in the Workplace, to the extent applicable to outdoor spaces, as well as the provisions in this Policy regarding collective efforts to routinely disinfect frequently used surfaces and objects.
Cleaning Practices for Indoor Areas that have been Unoccupied for at least Seven Days:
The virus that causes COVID-19 has not been shown to survive on surfaces longer than seven (7) days. Therefore, if an indoor area has been unoccupied for seven (7) days or more, the City of South Pasadena will conduct normal routine cleaning of that area consistent with its existing cleaning and hygiene practices.
Cleaning and Disinfecting Practices for Indoor Areas that have been occupied within the last Seven Days:
(a) City of South Pasadena’s Responsibilities:
The City of South Pasadena will evaluate each City of South Pasadena building or facility to determine what kinds of surfaces make up each area. Most surfaces and objects will require only routine cleaning consistent with the City of South Pasadena’s current practices. Such routine cleaning involves cleaning the surface or object with soap and water. Additionally, each workday, the City 15-87
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ADMINISTRATIVE POLICY AND PROTOCOLS FOR CLEANING AND DISINFECTING THE WORKPLACE 83 of South Pasadena will clean and disinfect frequently touched surfaces and objects, including but not limited to light switches and doorknobs, to further reduce the risk of germs on those surfaces and objects.
Disinfecting will be conducted using an EPA-approved disinfectant, when available. If an EPA-approved disinfectant is unavailable, alternative disinfectants will be used, such as one-third (1/3) cup of bleach added to one (1) gallon of water or alternatively, seventy percent (70%) alcohol solutions, to disinfect, consistent with CDC guidelines. The City of South Pasadena prohibits the mixing of bleach and other cleaning and disinfection products together, as this can cause fumes that may be dangerous when inhaled. The City of South Pasadena requires that the use of any cleaning and disinfectant products adhere to the instructions from each product’s manufacturer related to concentration, application method, contact time, etc. The City of South Pasadena requires that all disinfectants be kept out of the reach of children. (b) Employee Responsibilities:
In addition to the efforts undertaken by City of South Pasadena, employees are expected to comply will directives issued in the City of South Pasadena’s Administrative Policy and Protocols for Social Distancing and Individual Responsibility in the Workplace, as well as the provisions in this Policy regarding collective efforts to routinely disinfect frequently used surfaces and objects.
Provision of Sanitizing Supplies:
Hand sanitizer, soap and water, or effective disinfectant will be made available near the entrance of any City of South Pasadena facility and in other appropriate areas for use by members the public and employees, and in locations where there is highfrequency employee interaction with members of the public (e.g., cashiers).
Tissues and no-touch disposal receptacles will be placed at locations where they can be easily accessed by employees and members of the public.
Collective Effort to Routinely Disinfect Frequently Used Surfaces and Objects:
The CDC has called upon every American to implement behavior to slow the spread of the virus that causes COVID-19. Everyone has a role in making sure our communities are as safe as possible to reopen and remain open. The City of South Pasadena takes this responsibility extremely seriously. (a) City of South Pasadena’s Responsibilities:
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ADMINISTRATIVE POLICY AND PROTOCOLS FOR CLEANING AND DISINFECTING THE WORKPLACE 84 The City of South Pasadena will ensure that surfaces and objects within its buildings and facilities are cleaned and disinfected each workday to maintain safe and healthy working conditions for all workers and members of the public. (b) Employee Responsibilities:
In addition to the efforts undertaken by City of South Pasadena, every City of South Pasadena employee across all departments has an individual responsibility to contribute to this effort by routinely disinfecting surfaces and objects with which that employee interacts. This includes mandatory compliance with the City of South Pasadena Administrative Policy and Protocols for Social Distancing and Individual Responsibility in the Workplace. The City of South Pasadena will provide effective disinfectants, such as disposable wipes, throughout its buildings and facilities to be used to disinfect these items to assist employees in meeting their individual responsibilities. Employees are expected to utilize these disinfectants to regularly wipe down commonly used surfaces and objects. A list of examples of such commonly used surfaces and objects is provided below.
Cleaning and Disinfecting Frequently Used Hard and Non-Porous Items:
(a) City of South Pasadena’s Responsibilities:
Each workday, the City of South Pasadena will have all frequently used hard and nonporous surfaces or objects, such as glass, metal, or plastic, cleaned and then disinfected with an appropriate disinfectant. Examples of frequently used surfaces or objects that shall receive routine disinfection include, but are not limited to:
• Tables
• Doorknobs
• Light switches
• Countertops
• Handles
• Desks
• Phones
• Keyboards
• Toilets
• Faucets and
sinks
• Gas pump
handles
• Touch screens
• ATMs
• Copiers
• Printers
• Books/binders
• Refrigerators
• Microwaves
• Coffee makers
• File cabinets
and shelves
• Shared
computers
• Shared tools/
equipment
• Stairways and
stairwells
• Handrails
• Escalators
• Elevator
buttons
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ADMINISTRATIVE POLICY AND PROTOCOLS FOR CLEANING AND DISINFECTING THE WORKPLACE 85 (b) Employee Responsibilities:
In addition to the efforts undertaken by City of South Pasadena, employees are expected to routinely disinfect surfaces and objects that they interact with.
Employees should utilize effective disinfectants, such as disposable wipes, provided by the City of South Pasadena to disinfect the surfaces and objects they come in contact with that may be touched by other employees or members of the public. These surfaces and objects include, but are not limited to, the list of examples provided above.
Cleaning and Disinfecting Soft and Porous Items:
The City of South Pasadena will ensure that soft and porous items that are not frequently touched are cleaned or laundered, following the directions on the items’ labels, using the warmest appropriate water setting.
Soft and porous materials that are frequently touched, such as area rugs, carpets, and upholstered seating, must be disinfected using an appropriate disinfectant.
The City of South Pasadena will evaluate the soft and porous materials in each building or facility to consider whether items can be removed or stored to reduce frequent handling or contact with multiple people. Soft and porous materials, such as upholstered seating in communal areas, may be removed or stored to reduce the challenges with cleaning and disinfecting these surfaces and objects.
Cleaning and Disinfecting Practices Related to Bodies of Water:
There is no evidence that the virus that causes COVID-19 can spread directly to humans from water in pools, hot tubs or spas, or water play areas. The City of South Pasadena will ensure proper operation, maintenance, and disinfection of such bodies of water, which should kill the virus that causes COVID-19. This includes maintaining proper disinfectant levels of chorine or bromine and maintaining a level of pH (7.2-8).
Cleaning and Disinfecting Practices Related to City of South Pasadena Vehicles:
(a) City of South Pasadena’s Responsibilities:
The City of South Pasadena will provide hand sanitizer and effective disinfectant, such as disposable wipes, in each City of South Pasadena vehicle.
The City of South Pasadena will maintain its practice of routinely cleaning City of South Pasadena vehicles.
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ADMINISTRATIVE POLICY AND PROTOCOLS FOR CLEANING AND DISINFECTING THE WORKPLACE 86 (b) Employee Responsibilities:
In addition to the efforts undertaken by City of South Pasadena employees must disinfect frequently touched surfaces and objects within a City of South Pasadena vehicle before and after use of a City of South Pasadena vehicle, if that vehicle is shared, or at the beginning and end of each shift, if no one else uses the vehicle during the employee’s shift. These surfaces and objects include, but are not limited to, door handles, seatbelts, seats, steering wheels, and window buttons.
Air Filter and HVAC Cleaning:
The City of South Pasadena will ensure that air filters and HVAC systems are properly maintained. The City of South Pasadena will also ensure that fresh air is increased by opening windows and doors to the extent possible and safe.
Providing of Personal Protective Equipment (“PPE”) for Workers Assigned to Clean or Disinfect the Workplace:
(a) City of South Pasadena Requirements Applicable to City of South Pasadena Employees Assigned Whose Job Duties Require Them to Clean or Disinfect City of South Pasadena Buildings or Facilities:
[City/County/Agency/District must wear appropriate PPE throughout the cleaning/disinfecting process, including the handling of trash.
The City of South Pasadena will provide the necessary and appropriate PPE at no cost to any City of South Pasadena employee whose job duties require them to clean or disinfect its buildings or facilities, as set forth in Occupational Safety and Health Administration (“OSHA”) regulations. (See 29 C.F.R. § 1910.132 (h).) This provision does not apply to City of South Pasadena employees that contribute to cleaning and disinfecting efforts in an isolated fashion, such as wiping down a doorknob or desk after its use.
Appropriate PPE includes disposable gloves and gowns that are compatible with the disinfectant products being used. The City of South Pasadena may require that employees whose job duties require them to clean and disinfect its buildings or facilities wear additional PPE, such as goggles or face shields, based on the cleaning/disinfectant products being used and whether a risk of splashing reasonably exists. If disposable gowns are unavailable, employees whose job duties require them to clean and disinfect its buildings or facilities must wear a similar type of covering, such as coveralls, aprons, or work uniforms. Any reusable (washable) clothing worn during the cleaning/disinfecting process must 15-91
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ADMINISTRATIVE POLICY AND PROTOCOLS FOR CLEANING AND DISINFECTING THE WORKPLACE 87 be laundered afterwards. Employees whose job duties require them to handle dirty laundry, must clean their hands after handling dirty laundry.
Proper Use of PPE and Training Related to PPE
City of South Pasadena employees utilizing PPE must carefully remove gloves and gowns at the end of the cleaning/disinfecting process to avoid contamination of the wearer and surrounding area. After the removal of gloves, employees must wash their hands thoroughly with soap and water.
The City of South Pasadena will ensure that any employees utilizing PPE as described in this section are trained on when to use PPE, what PPE is necessary, how to properly don (put on), use, and doff (take off) PPE, how to maintain and dispose of PPE, and the limitations of PPE. The City of South Pasadena will also ensure that any employees utilizing PPE as described in this section are trained on proper eye and face protection, hand protection, and respiratory protection. (b) City of South Pasadena Requirements Applicable to Employees of Third Party Companies Assigned to Clean or Disinfect City of South Pasadena Buildings or Facilities:
The foregoing provisions in subsection (a) regarding PPE apply with equal force to employees of third party companies who are responsible for cleaning City of South Pasadena facilities and worksites, except that the City of South Pasadena will not provide PPE to employees or third party companies or provide training to such employees. The City of South Pasadena will communicate to the third party company its expectations regarding the use of PPE by their employees when cleaning City of South Pasadena facilities and worksites. 15-92
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ADMINISTRATIVE POLICY AND PROTOCOLS FOR SOCIAL DISTANCING AND INDIVIDUAL RESPONSIBILITY IN THE
WORKPLACE
88 ADMINISTRATIVE POLICY AND PROTOCOLS FOR SOCIAL DISTANCING AND
INDIVIDUAL RESPONSIBILITY IN THE WORKPLACE
I. Preamble
The purpose of the California Occupational Safety and Health Act of 1973 is to assure safe and healthy working conditions for all workers. (Labor Code § 6300, et seq.)
The Centers for Disease Control and Prevention (“CDC”) recommends social distancing, also referred to as physical distancing, to reduce the spread of SARSCoV-2, the virus that causes COVID-19 (hereinafter “the virus that causes COVID19”). The virus that causes COVID-19 spreads primarily when people come into close contact (within about 6 feet) with each other for a prolonged period (approximately 10 minutes or more). Such spread happens when an infected person coughs, sneezes, or talks, and respiratory droplets from their mouth or nose are launched into the air and land in the mouths or noses of people nearby. The droplets can also be inhaled into the lungs. Studies indicate that people who are infected but do not have symptoms likely also play a role in the spread of the virus that causes COVID-19.
The City of South Pasadena therefore implements this Administrative Policy and Protocol for Social Distancing and Individual Responsibility in the Workplace for the protection of all employees, their families, and the public we serve.
II. Statement of Policy
The purpose of this policy is ensure the health and safety of working conditions for all City of South Pasadena employees through adherence to social distancing and cleaning and disinfecting principles and best practices. Ensuring healthy and safe working conditions and the health and safety of employees is a business necessity for the City of South Pasadena.
III. Compliance
The City of South Pasadena will fully and faithfully comply with any and all applicable laws, including, but not limited to, the Americans with Disabilities Act (“ADA”), the Rehabilitation Act of 1973, the Fair Employment and Housing Act (“FEHA”), and the California Confidentiality of Medical Information Act (“CMIA”) in the administration of this policy and associated protocol.
IV. Policy
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ADMINISTRATIVE POLICY AND PROTOCOLS FOR SOCIAL DISTANCING AND INDIVIDUAL RESPONSIBILITY IN THE
WORKPLACE
89 Scope of Coverage:
This policy will apply with equal force to all City of South Pasadena employees as preventing the transmission of the virus that causes COVID-19 in the workplace is reasonably related to all City of South Pasadena jobs.
Effective Date:
This policy shall be effective immediately upon adoption and shall remain in effect until the City of South Pasadena advises employees that the policy is no longer operative due to the end of the present public health emergency.
Reduction of In-Person Employee Headcount at Any Given Time:
To reduce the spread of the virus that causes COVID-19, the City Manager is authorized to allow, encourage, or require remote work as appropriate for any given employee or class of employees. Employees may be required, for example, to work remotely one day and report to the workplace the next. The City Manager is further authorized to implement flexible, or staggered work hours, including staggered breaks, as needed.
Minimum Spacing of Six Feet:
Employees and members of the public entering and using City of South Pasadena facilities must maintain a minimum physical distance of six feet between themselves and any other person at all times. While on duty at any City of South Pasadena facility, employees must also minimize exposure to and contact with others.
To the extent that existing arrangements of workstations or furniture, including in break rooms or lunchrooms, do not provide for adequate spacing, they must be rearranged to provide for such spacing. If furniture cannot be rearranged to allow for adequate spacing, seats or desks that would encroach on the six-foot distance must be clearly marked as prohibited for use.
[Managers/Supervisors] may designate one-way hallways, where appropriate, and mark such one-way hallways with clear signage.]
Managers may designate separate routes for entry and exit into office spaces to help maintain social distancing and lessen the instances of people closely passing each other.]
If a particular workspace is open to the public, social distancing guidelines apply to visiting members of the public as well.
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ADMINISTRATIVE POLICY AND PROTOCOLS FOR SOCIAL DISTANCING AND INDIVIDUAL RESPONSIBILITY IN THE
WORKPLACE
90 Entry to any City of South Pasadena facility must be limited to a number of people that can easily maintain, at all times, a minimum six-foot physical distance from others, except as necessary to complete the business for which the person is at the facility.
[Optional Provision: Waiting areas must be rearranged so as to discourage members of the public from waiting or sitting within 6 feet of one another.] Signs must be posted outside all elevators, stating the maximum number of occupants on the elevator so that physical distancing can be maintained, and stating that occupants must wear face coverings in the elevator.
Where employees and members of the public form lines for products or services, such as at a public counter, appropriate markings must be placed at 6-foot intervals to indicate where employees and/or members of the public should stand while waiting in order to provide adequate spacing. Persons who are family members or household contacts, may stand or move together, but must be separated from others by a physical distance of at least six feet.
Employees are prohibited from engaging in handshakes, hugs, or any other unnecessary physical contact with any person at all times while on City of South Pasadena premises or otherwise while on duty outside of their home (telework) workspace.
Physically Distanced Meetings Only When Necessary:
Where feasible, in-person meetings must be replaced with other means of communication, including but not limited to telephone calls, e-mails, or videoconferences. Non-essential meetings should be canceled or postponed. Staff meetings normally held in meeting rooms or shop settings should take place outside when physical distancing is not practicable in the usual space.
If an in-person meeting is held, it must take place in a conference room or other space that allows the participants sufficient space to maintain the minimum spacing of six feet. After a conference room is used for a meeting, the conference room must be cleaned and disinfected in accordance with the City of South Pasadena’s Cleaning and Disinfecting Policy before it can be used again. This includes, but it is not limited to, requiring that all employees who attended the in-person meeting clean and disinfect the space they occupied during the meeting (e.g., their chair, area of the conference table at which they sat) using City of South Pasadena-provided sanitizing supplies, as described below.
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WORKPLACE
91 Social Visits to be Avoided:
Employees should refrain from unnecessary social visits to other employees’ workstations.
Employees should refrain from congregating in confined spaces, such as lunch or break rooms.
If socializing cannot be avoided, employees must observe the requirement that they maintain a minimum physical distance of six feet between themselves and any other person at all times.
Employees are prohibited from permitting social visitors (visitors who are not on official business) into any non-public areas of any City of South Pasadena facility.
When and where such social visits do occur, employees must maintain the minimum spacing of six feet at all times. Employees may socialize with visitors who are not on official business outside the workplace (e.g., an employee may go to lunch with their spouse off-site.)
Wearing of Facial Coverings:
Members of the public who enter a City of South Pasadena facility must wear a face covering during their time in the facility.
Employees working at a City of South Pasadena worksite must use cloth face coverings when working in open or shared workspaces.
A “cloth face covering” is a material that covers the nose and mouth. It may be secured to the head with ties or straps or simply wrapped around the lower face. It may be made of a variety of materials, such as cotton, silk, or linen. Acceptable cloth face covering options include, but are not limited to:
• Bandana;
• Neck gaiter;
• Homemade face covering;
• Scarf; and
• Tightly woven fabric, such as cotton t-shirts and some types of towels.
A cloth face covering that no longer covers the nose or mouth; has stretched out or damaged ties or straps; cannot remain securely attached to a person’s face; has holes or tears in the fabric; and/or obstructs an employee’s vision do not comply with this policy. An employee or member of the public must immediately replace their face covering under these circumstances or leave the facility. 15-96
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92 Use of a surgical mask or N95 respirator is not required, but employees who choose to do so are in compliance with this policy as long as the surgical mask or N95 respirator is in good condition and can remain securely attached to the employee’s face.
Hand Washing:
Employees are expected to wash their hands (for a minimum of 20 seconds), or use hand sanitizer when a sink is not available, every 60 minutes, and after any of the following activities: using the restroom, sneezing, touching the face, blowing the nose, cleaning, sweeping, mopping, smoking, eating, drinking, entering or leaving the facility, going on break, and before and after their work shift.
Provision and Use of Sanitizing Supplies:
Hand sanitizer (at least 60% ethanol or 70% isopropanol), soap and water, or effective disinfectant must be made available near the entrance of any City of South Pasadena facility and in other appropriate areas for use by the public and employees, and in locations where there is high-frequency employee interaction with members of the public (e.g., cashiers.) Effective disinfectants, such as disposable wipes, should be provided so that commonly used surfaces (e.g., doorknobs, keyboards, remote controls, desks, staplers, copiers, other work tools and equipment) can be wiped down by employees before each use. Tissues and notouch disposal receptacles must be placed at locations where they can be easily accessed by employees and members of the public.
It is each employee’s responsibility to use these wipes and other supplies to sanitize every surface they touch after each use, except those in an employee’s own private office space, including but not limited to doorknobs, tables, desk and counter tops, chairs, copiers, printers, books/binders, refrigerators, microwaves, coffee makers, file cabinets and shelves, shared computers, phones, tools, and other equipment. It is further each employee’s responsibility to similarly sanitize their own office at the end of their work day or before that space is shared or used by any other person (e.g., an employee must wipe down all surfaces in his or her office before allowing another person to enter for a meeting).
Any items handled by public visitors to any City of South Pasadena facility, including, but not limited to, visitor badges, clipboards, or pens, must be taken out of circulation after each use and not be used again until wiped down with effective disinfectants in accordance with this policy.
City of South Pasadena Vehicles:
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93 Wherever feasible, City of South Pasadena vehicles should be occupied by only one person. If two employees are required for a task in the field, they should ride in separate vehicles. If sharing a vehicle cannot be avoided, employees should wear their face coverings while in the vehicle. City of South Pasadena vehicle door handles, seatbelts, seats, and steering wheels must be sanitized before each use of the vehicle. A bottle of sanitizer must be placed in each City of South Pasadena vehicle and replaced or refilled when empty.
Modification to Rideshare Policies;
Financial incentives to carpool and any applicable prizes are temporarily suspended.
Subsidization of public transportation fare will remain in effect. Employees who take public transportation are encouraged to practice social distancing to the maximum extent possible while doing so.]
Remote Public Access to Meetings
Members of the public wishing to attend open session meetings of the City Council may do so remotely. Information regarding how to attend remotely will be posted on the City of South Pasadena website.
Attendance in person will not be permitted while this policy is in effect.] Required Posting and Distribution:
Signs must be placed at conspicuous places at all public entrances that instruct members of the public not to enter if they are experiencing symptoms associated with COVID-19 (e.g., cough, shortness of breath or difficulty breathing, and/or more of the following: fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, new loss of taste or smell, or any other symptom associated with COVID-19 identified by the CDC), The signs must also instruct persons who are not experiencing these symptoms and who can enter the facility that they are to wear face coverings and maintain six feet of distance between themselves and others while inside.
A copy of this document, ADMINISTRATIVE POLICY AND PROTOCOLS FOR
SOCIAL DISTANCING AND INDIVIDUAL RESPONSIBILITY IN THE WORKPLACE, must be provided to each City of South Pasadena employee working at any City of South Pasadena facility and posted at or near the entrance of each City of South Pasadena facility. The location at which the ADMINISTRATIVE POLICY AND
PROTOCOLS FOR SOCIAL DISTANCING AND INDIVIDUAL RESPONSIBILITY IN THE WORKPLACE must be easily viewable by the public and employees. 15-98
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94 ADMINISTRATIVE POLICY AND PROTOCOLS FOR TESTING City of South Pasadena EMPLOYEES FOR COVID-19
I. Preamble
The purpose of the California Occupational Safety and Health Act of 1973 is to assure safe and healthy working conditions for all workers. (Labor Code § 6300, et seq.)
On April 23, 2020, the Equal Employment and Opportunities Commission (“EEOC”) issued updated Technical Assistance Questions and Answers (“Guidance”) concerning the Americans with Disabilities Act (“ADA”) and Rehabilitation Act. The Guidance states that, despite certain restrictions under the ADA and the Rehabilitation Act concerning medical-related testing in the workplace, employers may administer a COVID-19 test to detect the virus that causes COVID-19 and determine if employees attempting to enter the workplace have the virus for the purpose of ensuring the health and safety of their workplaces. In publishing the Guidance, the EEOC recognized that an employee with the virus will pose a direct threat to the health of others.
II. Statement of Policy
The purpose of this policy is ensure the health and safety of working conditions for all City of South Pasadena employees through the administration of COVID-19 testing for City of South Pasadena employees. Ensuring healthy and safe working conditions and the health and safety of employees is a business necessity for the [City/County’s/Agency/District].
III. Authority
Pursuant to Labor Code section 6300, et seq. [and any applicable state or local public health orders], and consistent with the Equal Employment and Opportunity Commission’s April 23, 2020 Guidance [and any guidance that the Department of Fair Employment and Housing may provide and any applicable state or local public health orders], the City of South Pasadena is authorized to adopt this COVID-19 testing policy.
IV. Compliance
The City of South Pasadena will fully and faithfully comply with any and all applicable laws, including, but not limited to, the ADA and Rehabilitation Act, the Fair Employment and Housing Act (FEHA”) and the California Medical Information Act (“CMIA”) in the administration of this policy and associated protocol. 15-99
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95 V. Policy
Scope of Coverage:
This policy will apply with equal force to all City of South Pasadena employees as testing for the virus that causes COVID-19 and preventing the transmission of the virus that causes COVID-19 in the workplace is reasonably related to all City of South Pasadena jobs.
On a case-by-case basis, the City Manager is authorized to determine that this policy will not apply to an employee if the City Manager determines that testing such employee is not job related or consistent with business necessity. Testing may not be job related or consistent with business necessity for a particular employee if his or her job responsibilities do not result in contact with or proximity to other people, including other employees or members of the public.
Effective Dates:
This Policy shall be effective immediately upon adoption and shall remain in effect until the City of South Pasadena advises employees that the Policy is no longer operative due to the end of the present public health emergency.
Acknowledgement of Agreement to Submit to Testing:
The City of South Pasadena may require that employees acknowledge receipt of the notice and execute an agreement submitting to testing for the virus that causes COVID-19. Such agreement will include a CMIA authorization for release of the test results to the City of South Pasadena.
Refusal to Submit to Testing:
The City of South Pasadena will place any employee who refuses to submit to testing in accordance with the testing protocol associated with this policy on unpaid leave. The employee may then elect to use any earned or accrued leave to which they are entitled in order to provide compensation during the time away from work.
Adoption of Testing Protocol:
The City Manager is authorized to adopt a testing protocol concerning the administration of COVID-19 tests for City of South Pasadena employees.
Notification of Test Results:
The City of South Pasadena will notify the employee of test results in writing and in a confidential manner. In the event of a positive COVID-19 test result, the City of 15-100
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Test Results and Any Other Health or Medical Records:
The City of South Pasadena will store test results and any other health or medical records, in a manner consistent with applicable law and in accordance with the City’s practice for storing medical information in a file separate from the employee’s personnel file.
Effect of Positive COVID-19 Diagnosis:
In the event that a City of South Pasadena employee tests positive for the virus that causes COVID-19, the City of South Pasadena will, as provided above, notify the employee of the test results. After informing the employee of the positive result, the City of South Pasadena will instruct the employee not to return to work until such time as either of the following occur: (1) The employee’s health care provider advises the employee that it is safe for them to return to work and has provided the employee with a note certifying this, which the employee provides to the City of South Pasadena; or (2) The employee self-certifies that they are and have been:
(A) Free of fever (a “fever” is defined as 100.4° F [37.8° C] or greater using an oral thermometer) for at least 72 hours without the use of fever-reducing medicines; (B) Any other signs of other COVID-19-related symptoms as determined by the Centers for Disease Control (“CDC”) (e.g., cough, shortness of breath, fever, chills, headache, sore throat, repeated shaking with chills, new loss of taste or smell, and/or muscle pain) have significantly improved in the last 72 hours; and (C) At least 7 days have passed since any COVID-19 symptoms first appeared; and (D) Complying with all directives provided by their health care provider before seeking to return to work, including, but not limited to, directives regarding the length of time that the employee needs to self-isolate/quarantine, follow-up testing, and social distancing.
Leave Status of Employee with Positive COVID-19 Diagnosis:
The City of South Pasadena will place any employee who tests positive for the virus that causes COVID-19 on paid sick leave status for the remainder of the day following the positive diagnosis. Thereafter, the employee may elect to remain on paid sick leave if they have a balance of such leave, may elect to use Emergency Paid Sick Leave as provided under the Families First Coronavirus Response Act if they have a balance of such leave, may elect another form of other earned or accrued leave, or may take such leave on an unpaid basis.
The City permits employees who have exhausted their paid sick leave balance to accrue negative leave balances, see the Negative Accrual Leave policy. 15-101
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97 Reservation of Right to Require Additional or Subsequent Testing:
The City of South Pasadena expressly reserves the right to require that employees submit to additional or subsequent tests in order to ensure healthy and safe working conditions for all employees.
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98 ADMINISTRATIVE POLICY AND PROTOCOLS FOR TEMPERATURE TESTING AND SCREENING FOR SYMPTOMS ASSOCIATED WITH COVID-19
I. Preamble
The purpose of the California Occupational Safety and Health Act of 1973 is to assure safe and healthy working conditions for all workers. (Labor Code § 6300, et seq.)
The Centers for Disease Control and Prevention (“CDC”) currently identifies the following symptoms as being associated with COVID-19:
• Fever, defined as 100.4 degrees Fahrenheit or higher
• Cough
• Shortness of breath or difficulty breathing
• Chills
• Repeated shaking with chills
• Muscle pain
• Headache
• Sore throat
• New loss of taste or smell
Further, the CDC has identified the following gastrointestinal symptoms, which are less common, but still associated with COVID-19:
• Nausea
• Vomiting
• Diarrhea
Each of these symptoms is hereinafter referred to as a “symptom associated with COVID-19.”
The CDC and the California Department of Public Health recommends that employers, including public entities, implement measures designed to prevent or reduce the transmission of the virus that causes COVID-19 between and among employees and at the workplace. One method for doing so is to require that employees submit to temperature testing and certify the absence of symptoms associated with COVID-19 prior to being allowed to enter any City of South Pasadena facility or worksite.
II. Statement of Policy
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99 The purpose of this policy is to prevent any individual who presents a fever or certifies that they have presented a symptom associated with COVID-19 from entering a City of South Pasadena facility or worksite in order to ensure the safety and health of City of South Pasadena workplaces.
III. Authority
Pursuant to Labor Code section 6300, et seq., and consistent with guidance provided by the Equal Employment and Opportunity Commission (“EEOC”) and the Department of Fair Employment and Housing (“DFEH”), the City of South Pasadena is authorized to adopt this temperature testing and COVID-19 screening policy in order to ensure that individuals who present symptoms associated with COVID-19 do not enter City of South Pasadena facilities or worksites and to provide a healthy and safe workplace for City of South Pasadena employees who use such facilities and worksites.
IV. Compliance
The City of South Pasadena intends to fully and faithfully comply with any and all applicable laws, including, but not limited to, the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act of 1973, and the Fair Employment and Housing Act (“FEHA”) in the administration of this policy and associated protocol.
V. Policy
Scope of Coverage:
This policy and its requirements apply with equal force and effect to all City of South Pasadena employees in order to enter a City of South Pasadena facility or worksite. No employee will be exempted from the requirements set forth in this policy.
NEED TO DECIDE -Unless otherwise stated, this policy and its protocols will also apply to members of the public and visitors to City of South Pasadena facility or worksite.
Effective Dates:
This Policy shall be effective immediately upon adoption and shall remain in effect until the City of South Pasadena advises employees that the Policy is no longer operative due to the end of the present public health emergency. 15-104
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Notice to Employees:
The City of South Pasadena will provide notice of this mandatory policy and its protocols to all City of South Pasadena employees. The City of South Pasadena will provide employees a copy of this policy for employees to read and review.
Employees who do not receive or review such notice and the attached policy will not be excused from the policy’s requirements.
The City of South Pasadena will make a reasonable effort to notify every City of South Pasadena employee who regularly works at a City of South Pasadena facility or worksite of the designated location(s) where temperature testing and symptom screenings will be administered.
Expectations of City of South Pasadena Employees with Respect to the Presentation of Symptoms Associated with COVID-19:
The City of South Pasadena expects and requires that all employees who present a symptom associated with COVID-19 to immediately inform either their immediate supervisor or the City of South Pasadena’s Department of Human Resources.
No employee who presents a symptom associated with COVID-19 prior to the start of the workday may report to work. Employees who develop symptoms after beginning their workday and after informing their immediate supervisor or the City of South Pasadena’s Department of Human Resources will be directed to leave work.
Any employee who fails to inform their supervisor or the Department of Human Resources that they present a symptom associated with COVID-19 or who attempts to or does report to work despite the presentation of such a symptom or symptoms may face disciplinary action by the City of South Pasadena, up to and including termination.
Posting of Signage Notifying Employees and Members of the Public:
At each City of South Pasadena facility and worksite, the City of South Pasadena will post signage informing employees and members of the public of the City of South Pasadena’s policy requiring temperature testing and symptom screening prior to being allowed to enter City of South Pasadena facilities and worksites.
The signage will direct employees and members of public to the designated location where the City of South Pasadena will test individual’s temperatures and administer the screening questionnaire concerning the presentation of symptoms associated with COVID-19.
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The signage will provide that, at the designated location, there is a copy of the City of South Pasadena’s policy for review.
Procedure for Temperature Testing and Symptom Screening:
In accordance with the above referenced federal and state public health guidance, and in order to help prevent or reduce the transmission of the virus that causes COVID-19 between and among employees, City of South Pasadena will implement the following protocols.
Social Distancing Required While Waiting for Temperature Testing and Symptom Screening:
Consistent with the City of South Pasadena’s social distancing policy, employees and members of the public who are waiting for temperature testing and symptom screening must adhere to the social distancing requirements set forth under that policy, including, but not limited to remaining at least six feet apart from any other individual.
Submission to Temperature Testing and Symptom Screening as a Precondition to Entrance to any City of South Pasadena Facility or Worksite:
Prior to being allowed to enter and as a precondition to such entrance to any City of South Pasadena facility or worksite, City of South Pasadena employees and members of the public shall be required to submit to a temperature test and verbally attest to the absence of any presentation of symptoms associated with COVID-19.
The City of South Pasadena will treat an employee refusing to submit to either temperature testing or symptom screening prior to or during their scheduled work day as an unexcused absence.
Requirement to Identify Oneself as a City of South Pasadena Employee:
At the designated location, City of South Pasadena employees are required to identify themselves as City of South Pasadena employees in order for the City of South Pasadena to record the temperature test and symptom screening results, if necessary.
Protocol for Temperature Testing:
At the designated location, the City of South Pasadena will conduct a temperature test on each employee and member of the public who wishes to access the City of South Pasadena facility or worksite.
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The City of South Pasadena will take individual’s temperatures by a non-invasive contactless infrared thermometer. Temperature readings will be taken at least once.
If necessary, the City of South Pasadena may take an individual’s temperature a second time to confirm the results of the first test or if the first results suggest an erroneous result.
In the event that an employee or member of the public has a temperature that is 100.4 degrees Fahrenheit or higher, the City of South Pasadena will deny that individual access to the City of South Pasadena facility or worksite.
If an employee has a temperature that is 100.4 degrees Fahrenheit or higher, the City of South Pasadena will record such results on the Temperature Test and Symptom Screen Form. The City of South Pasadena will inform the individual of such tests results in a manner designed to preserve the confidentiality of the test results and instruct the individual to contact the City of South Pasadena’s Human Resources Department for further instruction. The City of South Pasadena will then promptly notify the City of South Pasadena’s Human Resources Department of the temperature test results and provide the name of the employee whose test results suggested a fever.
Protocol for Symptom Screening:
At the designated location, the City of South Pasadena will require each employee and member of the public who wishes to access the City of South Pasadena facility or worksite to certify to the fact that they do not currently present any symptom associated with COVID-19.
The City of South Pasadena will post a list of the symptoms associated with COVID-19 and require that each individual certify orally to the fact that they do not currently present any symptom associated with COVID-19. For minor children entering a City of South Pasadena facility or worksite, the City of South Pasadena will deem the oral certification of a parent, guardian or child care provider that the child does not present any such symptom as sufficient to permit entrance to the City of South Pasadena facility or worksite.
In the event that an employee or member of the public indicates that they currently present any symptom associated with COVID-19 or cannot certify that they do not present any such symptom, the City of South Pasadena will deny that individual access to the City of South Pasadena facility or worksite until the individual is able to certify that they do not currently present any symptom associated with COVID-19.
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If an employee indicates that they currently present any symptom associated with COVID-19 or cannot certify that they do not present any such symptom, the City of South Pasadena will record this response on the Temperature Test and Symptom Screen Form. If the employee indicates which symptom they present, the City of South Pasadena will record this information on the Temperature Test and Symptom Screen Form. The City of South Pasadena will instruct the individual to contact the City of South Pasadena’s Human Resources Department for further instruction. The City of South Pasadena will then promptly notify the City of South Pasadena’s Human Resources Department of the employee’s response to the request for certification and provide the name of the employee whose response suggested presentation of a symptom or symptoms associated with COVID-19.
This policy shall supplement any of the other policies, protocols or guidelines that the City of South Pasadena has adopted in order to prevent or reduce the likelihood of transmission of the virus that causes COVID-19 among and between employees.
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ADMINISTRATIVE POLICY AND PROTOCOLS FOR THE
USE AND DISCLOSURE OF CONFIDENTIAL MEDICAL INFORMATION RELATED TO COVID-19
I. Preamble
The City of South Pasadena implemented [COVID-19 testing policy and/or a temperature testing and COVID-19 symptom screening policy and/or an accommodation policy for high-risk employees] in order to ensure the health and safety of City of South Pasadena employees in accordance with the California Occupational Safety and Health Act of 1973 and its purpose to assure safe and healthy working conditions for all workers. (Labor Code § 6300, et seq.) The City of South Pasadena’s [COVID-19 testing policy and/or a temperature testing and COVID-19 symptom screening policy and/or an accommodation policy for high-risk employees] authorize[s] the City of South Pasadena to collect certain confidential medical information about City of South Pasadena employees. As used in this policy, medical information is defined by Civil Code section 56.5.
II. Statement of Policy
The purpose of this policy is to safeguard confidential medical information in a manner compliant with the Confidentiality of Medical Information Act (“CMIA”) and the Americans with Disabilities Act (“ADA”) with respect to all confidential medical information that the City of South Pasadena acquires during the administration of [these policies], or obtains by other means. The City of South Pasadena recognizes the importance of confidentiality concerning the information at issue and will fully and faithfully comply with CMIA in its use and disclosure of such information.
III. Authority
The City of South Pasadena is authorized to conduct the [COVID-19 testing and/or temperature testing and COVID-19 symptom screening and/or an accommodation policy for high-risk employees] under the authority provided for under [those policies].
IV. Compliance
The City of South Pasadena will fully and faithfully comply with the CMIA in the implementation and administration of this policy as well as the associated [COVID19 testing policy and/or a temperature testing and COVID-19 symptom 15-109
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screening policy and/or an accommodation policy for high-risk employees] policies.
V. Policy
Scope of Coverage:
This policy covers the confidential medical information of all City of South Pasadena employees and applicants that the City of South Pasadena acquires or obtains and which relates to COVID-19, including, but not limited to, symptoms associated with COVID-19, positive COVID-19 test results, and other health or medical conditions that would place the employee at high-risk for a serious illness if the employee contracted COVID-19.
Specifically, this policy covers the following types of confidential medical information:
• All confidential medical information acquired by City of South Pasadena during or as a result of the administration of the City of South Pasadena’s [COVID-19 testing policy and/or a temperature testing and COVID-19 symptom screening policy and/or an accommodation policy for highrisk employees]. [For example, the policy covers COVID-19 test results, temperature test results, the results of screenings for symptoms associated with COVID-19, and information regarding other medical conditions.]
All confidential medical information that the City of South Pasadena obtains by means other than by testing administered by the City of South Pasadena.
For example, the County Public Health Department may inform the City of South Pasadena that a City of South Pasadena employee has tested positive or a City of South Pasadena employee may voluntarily disclose a positive COVID-19 diagnosis not as the result of a test administered by the City of South Pasadena.
• All confidential medical information related to COVID-19 that the City of South Pasadena acquires or obtains, including, but not limited to, information about an employee’s health or medical conditions that may put the employee at increased risk of serious illness should the employee contract COVID-19 [as provided under the City of South Pasadena’s accommodation policy for high-risk employees].
Effective Dates:
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obtained by the City of South Pasadena employees and as otherwise required by law.
Notice of Privacy Practices:
The City of South Pasadena will provide a Notice of Privacy Practices to employees to explain their rights under this policy.
Permissible Uses and Disclosures of Confidential Medical Information:
The City of South Pasadena may use and disclose an employee’s confidential medical information for certain public interest and benefit purposes, including, but not limited to:
• Where there is a serious threat to public health or safety; • To a public health authority that is authorized by law to collect or receive such information for the purpose of preventing or controlling disease and conducting public health investigations; and
• As required by law.
The uses and disclosures of an employee’s confidential information for these purposes do not require the employee’s authorization.
Further, the City of South Pasadena may use and disclose an employee’s confidential medical information for the following purposes:
• If compelled by judicial or administrative process or by any other specific provision of law.
• If compelled by a search warrant.
• If compelled by a medical examiner, forensic pathologist, or coroner. • To be used in a lawsuit, arbitration, grievance, or other claim or challenge to which the employer and employee are parties and in which the employee has placed in issue his or her medical history, mental or physical condition, or treatment.
• For the purpose of administering and maintaining employee benefit plans, including health care plans and plans providing short-term and long-term disability income, workers' compensation and for determining eligibility for paid and unpaid leave from work for medical reasons.
• To first aid and safety personnel if the employee’s condition might require emergency treatment.
Disclosures of Confidential Medical Information to the Employee:
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Employees are entitled to access and review their medical file as maintained by the City of South Pasadena. The City of South Pasadena must disclose the confidential medical information contained in the employee’s medical file to the employee when requested.
Reasonable Safeguards for Confidential Medical Information:
The City of South Pasadena employs reasonable safeguards in order to protect against and limit the incidental use and disclosure of employee’s confidential medical information.
The City of South Pasadena will store confidential medical information in a medical file that is separate and distinct from the employee’s personnel file.
The City of South Pasadena restricts employee access to the confidential medical information.
City of South Pasadena employees follow the following safeguards in order to limit the incidental use and disclosure of confidential medical information:
1. Determine who is with an employee before discussing the employee’s confidential medical information.
2. Do not assume that an employee will permit disclosure of their confidential medical information to a family member or friend.
3. Request that individuals leave the room or vicinity in order to provide the employee an opportunity to object to the disclosure of their confidential medical information.
4. Dispose of unnecessary paper products that have protected health information in a shredder.]
Limiting the Use of Confidential Medical Information:
The City of South Pasadena limits the use of confidential medical information to the “minimum necessary” amount needed to accomplish the intended purpose of the use of such information.
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Limiting the Disclosures of Confidential Medical Information:
All requests for confidential medical information, whether routine or non-routine, are handled by the City of South Pasadena’s Department of Human Resources. All City of South Pasadena employees must therefore direct all requests for confidential medical information to the City of South Pasadena’s Department of Human Resources.
Accounting of Disclosures:
Employees are entitled to an accounting of any disclosures of their confidential medical information. Should an employee request an accounting of the City of South Pasadena’s disclosures of their confidential medical information, the City of South Pasadena will provide such access in a timely manner.
Policy on Requests to Amend Confidential Medical Information:
Employees are entitled to request that the City of South Pasadena amend or addend confidential medical information contained in the employee’s medical file when such information is incomplete or inaccurate. Typically, a request to amend or addend protected health information will occur during or following the employee’s review of their medical file.
If the employee requests to addend the confidential medical information contained in the employee’s medical file, the City of South Pasadena will add the employee’s written addendum to the file. The City of South Pasadena shall provide the written addendum as part of all subsequent disclosures of the employee’s confidential medical information.
If the City of South Pasadena accepts an employee’s request to amend the existing record, the City of South Pasadena shall make a reasonable effort to provide such amended information to persons that the employee identifies as needing such information as well as to persons that the City of South Pasadena knows may rely on un-amended information to the program participant’s detriment.
If the City of South Pasadena denies an employee’s request for amendment, the City of South Pasadena will provide the employee a written denial of the request and allow for the employee to submit a statement of disagreement. The City of South Pasadena shall place both the City of South Pasadena’s written denial and any statement provided by the employee in the employee’s medical file.
Policy on Requests to Restrict Use and Disclosure of Confidential Medical Information:
Employees are entitled to request that the City of South Pasadena restrict the use and/or disclosure of protected health information. However, the City of South 15-113
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Pasadena is under no obligation to agree to requests for restrictions made by employees.
Confidential Communications Policy:
The City of South Pasadena provides employees the opportunity to request alternative means for receiving communications regarding confidential medical information
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ADMINISTRATIVE POLICY AND PROTOCOLS FOR THE ACCOMMODATION OF EMPLOYEES WHO ARE AT HIGH-RISK OF SEVERE ILLNESS FROM COVID-19
I. Preamble
Federal and State equal employment and opportunity laws, including the American with Disabilities Act (“ADA”) and the Rehabilitation Act, Title VII of the Civil Rights Act, the Fair Employment and Housing Act (“FEHA”), and the Age Discrimination in Employment Act (“ADEA”) impose certain obligations on the City of South Pasadena in terms of the provision of reasonable accommodations.
Absent an undue hardship to the City of South Pasadena or a direct threat to the health and safety of City of South Pasadena employees, the City of South Pasadena may provide certain employment-related accommodations to employees who, because they are age 65 or older or have an underlying medical condition, are at higher risk of severe illness if they contract the virus that causes COVID-19, in order to reduce the risk of such employees contracting the virus.
II. Statement of Policy
This discretionary policy provides to qualified employees the right to request that the City of South Pasadena provide certain additional accommodations that, while not otherwise required by law, may reduce the risk of such employees contracting the virus that causes COVID-19.
III. Compliance
The City of South Pasadena intends to fully and faithfully comply with any and all applicable laws, including, but not limited to, the ADA, Rehabilitation Act, the FEHA and the ADEA in the administration of this policy and associated protocol.
IV. Policy
Scope of Coverage:
This policy applies to and covers all City of South Pasadena employees who can demonstrate that they are at higher risk of severe illness if they contract the virus that causes COVID-19 because they are age 65 or older or have one or more of the underlying medical conditions enumerated below.
Based on the available information at the time that this policy was adopted, the Centers for Disease Control and Prevention (“CDC”) identifies the following 15-115
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individuals as those who might be at higher risk of severe illness if the individual contracted the virus that causes COVID-19:
• People 65 years of age and older;
• People who have chronic lung disease;
• People with moderate to severe asthma;
• People who have serious heart conditions;
• People who are immunocompromised by conditions such as cancer treatment, smoking, bone marrow or organ transplantation, immune deficiencies, and prolonged use of corticosteroids and other immune weakening medications;
• People with severe obesity (body mass index of 40 or higher); • People with diabetes;
• People with chronic kidney disease undergoing dialysis; and • People with liver disease
The City of South Pasadena expressly reserves the right to modify the above enumerated conditions based on new information or guidance provided by the CDC or other public health authorities.
Effective Dates:
This Policy shall be effective immediately upon adoption and shall remain in effect until the City of South Pasadena advises employees that the Policy is no longer operative due to the end of the present public health emergency.
Notice to Human Resources:
If an employee is age 65 or older, has any of the recognized underlying medical conditions enumerated herein, or another condition that the employee believes places them at higher risk for severe illness if they contract the virus that causes COVID-19, the employee may inquire with City of South Pasadena’s Human Resources Department regarding a potential workplace accommodation.
City of South Pasadena Policy Against Retaliation:
The City of South Pasadena will not terminate, suspend, discipline, or take any other adverse employment action against an employee exercising their privileges under this Policy.
Process for Accommodation Request:
While the request for accommodation under this policy is separate and distinct from a request for a reasonable accommodation under the ADA, an employee who 15-116
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desires an accommodation under this policy must make such a request in accordance with the City of South Pasadena’s Reasonable Accommodation Policy which is located in the [state MOU/CBA/handbook] or via [insert link].
Following receipt of the request, the City of South Pasadena’s Human Resources Department will require a note from the employee’s health care provider(s) certifying that the employee has a qualified underlying medical condition that exposes the employee to a higher risk of severe illness if they contract the virus that causes COVID-19. Furthermore, the City of South Pasadena’s Human Resources Department may require additional information, including, but not limited to, documentation from the employee’s health care provider to determine whether the employee’s underlying condition necessitates an additional accommodation when the employee returns to the workplace.
Determinations regarding accommodations under this policy will be made on a caseby-case basis by the City of South Pasadena’s Human Resources Director or their designee. Accommodations may include, but are not limited to, the following:
• Alternative work assignments or locations;
• Telework;
• Reassignment;
• Increased social distancing measures; and/or
• Leave.
The City of South Pasadena’s Human Resources Department will work in good faith with the employee to fully consider all potential accommodations.
No Right to Appeal Accommodation Determinations:
Determinations made by the City of South Pasadena’s Human Resources Department are final and are not subject to appeal by the employee or the employee’s employee organization.
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GUIDANCE FOR FRONTLINE MANAGERS AND SUPERVISORS IMPLEMENTING COVID-19 POLICIES AND PROTOCOLS 113
MEMORANDUM
DATE: [Date]
TO: All Supervisors and Managers
FROM: City Manager
RE: Guidance for Managers and Supervisors Implementing COVID-19 Policies, Protocols and Procedures
On May 4, 2020, Governor Gavin Newsom announced that on May 8, 2020 California will commence Phase 2 of four-phased reopening plan. The reopening follows the Governor’s March 19, 2020 issuance of Executive Order N-33-20, which imposed a stay-at-home requirement to all non-essential employees. [Add additional information about announcements related to reopening the City of South Pasadena.
In accordance with applicable guidance provided by state [and local] authorities, the City plans for non-essential employees to begin returning to work on or about [Date]. [Add additional information to the extent employees will be brought back into work in phases.]
This memorandum serves as a guidance for City of South Pasadena managers and supervisors as they work with City of South Pasadena employees returning to work and adjusting to new policies, procedures, and protocols that the City adopted in order to ensure the health and safety of employees returning to work.
Educate Yourself About the Agency’s New COVID-19 Policies, Procedures, and Protocol
• As non-essential City employees return to work, they will need to adjust to a number of new policies and procedures that the City of South Pasadena implemented in order to ensure that City of South Pasadena facilities and worksites are safe for employees and the public. As a front line supervisor, subordinates may ask you questions about these new policies. You should prepare yourself to respond to questions from your subordinates by becoming familiar with these policies, which include:
o Social distance policies that relate to use of face masks, physical space requirements between employees, etc.;
o Cleaning and disinfecting policies; and
o Temperature/symptom checking and COVID-19 testing policies 15-118
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• In the event that you have questions about these policies, you can contact [Name of Contact in Human Resources] at [email address] or [phone number]. If you believe that certain City of South Pasadena policies, procedures or protocols cannot be applied to your subordinates (for example, employees who must come into contact with another employee with less than 6-feet distance between them due to their job duties), discuss these concerns with your supervisor and Human Resources.
• In the event that your subordinates have questions about these policies that you do not feel comfortable answering, please direct your subordinates to contact [Name of Contact in Human Resources] at [email address] or [phone number].
Apply City of South Pasadena COVID-19 Policies in a Fair and Uniform Manner • Supervisors must apply all COVID-19 policies in a fair and uniform manner, without regard to non-job-related characteristics, including, but not limited to, race, color, creed, religion, national origin, gender, sexual orientation and age.
Uniform and fair implementation typically does not rely on subjective factors (for example, whether or not a supervisor gets along better with one subordinate over another). Make no special arrangements with any employees or otherwise treat any employees or groups of employees in an unequal or disparate manner.
Policies that are applied or enforced unequally may cause strife in the workplace and may, under certain circumstances, lead to civil action against the City of South Pasadena and/or the manager or supervisor who took the action. • Navigating compliance with COVID-19 policies, procedures, and protocols will be challenging and will likely involve issues related to employee health and personal employee matters that are sensitive to some employees. Therefore, when and where necessary, consult with your supervisor and/or Human Resources, and do not discipline an employee for non-compliance with COVID-19 policies and procedures without first consulting with your supervisor.
Communicating With Subordinates
• In coordination with your supervisor and Human Resources, determine the best ways to communicate with subordinates about the City of South Pasadena’s COVID-19 policies, procedures, and protocols. Consider clearly and simply explaining to employees the reasoning behind the policies and how such policies will be applied in their work setting.
• Ensure subordinates have access to all applicable City of South Pasadena COVID-19 policies, procedures and protocols and be prepared to provide such policies, procedures and protocols upon request by subordinates both in hard copy and email.
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• Communicate with subordinates that you are available to answer questions related to the policies, procedures and protocols and identify the best ways they may contact you with any such questions.
• Refrain from criticizing the policies, procedures and protocols with employees and remember that you are a member of management responsible for applying and enforcing the policies, procedures and protocols.
Be Familiar With Potential Labor Association/Union Issues • Managers and supervisors must implement and enforce the terms of labor agreements between the City of South Pasadena and its employee organizations, including any agreements related to COVID-19. Therefore, managers and supervisors must ensure they are familiar with any and all labor agreements that may cover and affect the terms and conditions of work for subordinate employees. Should you have any questions about such agreements or the specific terms contained therein, please consult with your supervisor and/or Human Resources.
• The City of South Pasadena has an obligation to provide notice and an opportunity to meet and confer with employee associations regarding proposed changes to employees’ wages, hours, or working conditions. However, under certain circumstances, the City of South Pasadena may be permitted to act prior to providing notice or an opportunity to bargain such as a result of the COVID-19 emergency. You are not authorized to act in any matter that would change a term and condition of a subordinates employment. • Do not be intimated by subordinates or union/labor association leadership COVID-19 related demands upon returning to work. The City of South Pasadena will work with you and all employee associations to ensure that employees are returning to a safe work environment.
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GUIDANCE FOR EMPLOYEES ON COVID-19 AND THE “NEW NORMAL” 116
MEMORANDUM
DATE: [Date]
TO: All Employees
FROM: [Chief Administrative Officer/City Manager/General Manager/Director of Human Resources]
RE: Expectations of Employees Returning to Work
On May 4, 2020, Governor Gavin Newsom announced that on May 8, 2020 California will be commencing Phase 2 of four-phased reopening plan. The reopening follows the Governor’s March 19, 2020 issuance of Executive Order N-33-20, which imposed a stay-at-home requirement for all non-essential employees. [Add additional information about announcements related to reopening government facilities, public places and offices.]
In accordance with applicable guidance provided by state [and local] authorities, the City of South Pasadena plans for non-essential employees to begin returning to work on or about [Date]. [Add additional information to the extent employees will be brought back into work in phases.]
The City of South Pasadena has a legal obligation to provide and maintain a safe and healthy workplace for its employees. The City of South Pasadena takes this obligation seriously, and would not reopen its facilities and worksites until it could be reasonably sure that City of South Pasadena employees would be safe and secure at such locations.
In order to ensure that City of South Pasadena facilities and worksites are safe for employees and the public, the City of South Pasadena has adopted a number of policies and protocol designed to limit the likelihood of transmission of COVID-19 at those locations. In order to achieve this goal, the City of South Pasadena will be implementing the following policies, procedures, and protocols:
• Social distancing policies that relate to use of face masks, physical space requirements between employees, etc.;
• Cleaning and disinfecting policies;
• Temperature/symptom checking policies;
• COVID-19 testing policies;
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The City of South Pasadena will make available to all employees copies of these policies. As a City of South Pasadena employee, you will be expected to observe and comply with these policies, procedures and protocols in order to return to and remain at work.
Upon reopening of City of South Pasadena facilities and worksites, City of South Pasadena managers and supervisors will be monitoring employee conduct in order to ensure that all employees strictly observe and comply with these policies.
The City of South Pasadena appreciates your continued understanding and flexibility as we continue to navigate the public health emergency caused by the COVID-19 pandemic. Furthermore, the City of South Pasadena appreciates the vital work you are doing to support our operations and your commitment to public service. 15-122
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EMPLOYEE SOCIAL DISTANCING AND WORKPLACE SAFETY RESPONSIBILITIES – DO’S AND DON’TS OF COMPLIANCE 118
Your Social Distancing and Workplace Safety Responsibilities “DO”’s and “DON’T”s of Compliance
• DO wave and say hello. DON’T shake hands or hug.
• DO wear a face covering while in public or shared areas of the City of South Pasadena. DON’T wear a face covering that is no longer in good repair.
• DO stay 6 feet away from others at all times. DON’T think that’s all you have to do to comply.
• DO comply with all signs about one-way hallways, entrances, exits, and limits on elevators. DON’T go your habitual route or squeeze in one more.
• DO ask yourself, “Can I accomplish this task with an email, phone call or videoconference?” DON’T have in-person meetings unless you really must do so.
• DO wipe down anything you touch with the disinfectant products provided. DON’T rely on others to do it for you.
• DO wash your hands for at least 20 seconds at least every 60 minutes.
DON’T wait for the 60 minute mark if you use the restroom, sneeze, touch your face, blow your nose, clean, disinfect, sweep or mop, smoke, eat, drink, enter the facility or leave the facility – wash immediately after.
• DO use hand sanitizer when soap and water are not available. DON’T make this substitution a habit.
• DO remove any pens or items touched by public visitors from circulation. DON’T use them again until they have been sanitized. • DO take separate City of South Pasadena vehicles if possible.
DON’T remove your face covering if carpooling.
• DO stay connected with friends and family during this challenging time.
DON’T have them visit you at work.
• DO ask your supervisor if you have any questions about your responsibilities. DON’T rely on guesses or rumors.
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TEMPERATURE TESTING AND SYMPTOM SCREENING FORM
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TEMPERATURE TEST AND SYMPTOM SCREENING FORM
[Note to Employee Administering Test and Screening: Return this form promptly to the City of South Pasadena’s Human Resources Department no later than the conclusion of the shift during which the test and screen was administered.]
Pursuant to the City of South Pasadena’s Administrative Policy and Protocol for Temperature Testing and Screening for Symptoms Associated with COVID-19, the City of South Pasadena will use this form to record the results of temperature tests and symptom screenings of City of South Pasadena employees. This form need only be used where such tests and screenings suggests the possibility that the employee has COVID-19.
____________________________________ _______________________________ __________ Name of Employee Tested and Screened Employee ID # Date (“Employee”)
Temperature Test:
Employee was tested with a non-invasive contactless infrared thermometer that indicated that the employee has a fever, which is defined as a temperature of 100.4 degrees Fahrenheit or higher.
First reading: _____________ degrees Fahrenheit
Second reading, if necessary: _____________ degrees Fahrenheit Symptom Screening:
Employee was asked whether they presented any of the following symptoms, which the CDC associates with COVID-19. Employee indicated that they presented the following symptom(s):
☐ Cough
☐ Shortness of breath or difficulty breathing
☐ Chills
☐ Repeated shaking with chills
☐ Muscle pain
☐ Headache
☐ Sore throat
☐ New loss of taste or smell
☐ Nausea
☐ Vomiting
☐ Diarrhea
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____________________________________ _______________________________ __________ Name of Employee Who Conducted Test Employee ID # Date
____________________________________ _______________________________ ___________ Facility or Worksite Entrance Time
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CMIA MEDICAL RELEASE FORM
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AUTHORIZATION FOR DISCLOSURE AND USE OF
MEDICAL INFORMATION
Confidentiality of Medical Information Act (CMIA), Civil Code § 56, et seq.
Pursuant to California’s Confidentiality of Medical Information Act, I, _____________________ [Name of Employee], authorize [Name of Health Care Provider, Laboratory, etc.] to disclose the medical information described in this authorization to representatives from the [Name of Department, e.g., Human Resources or Risk Management] of the [Name of Employer]. I also authorize the same representatives from the [Name of Employer] to use the medical information for the purposes described in this authorization.
This authorization is limited to the following types of information:
[Insert specific limitations here, e.g., COVID-19 test results, including but not limited to any results of tests administered to detect the presence of the COVID19 virus (SARS-CoV-2)] The recipients of this information may use the information for the following purpose(s):
[Insert specific authorized uses and any limitations on the use here, e.g., managing, controlling, and responding to COVID-19 infections among [Name of Employer] personnel, medical accommodation request, workers’ compensation claim, etc.]
Expiration Date: [Name of Health Care Provider, Laboratory, etc.] is no longer authorized to disclose medical information described in this authorization after [INSERT DATE].
Right to Receive Copy of This Authorization: I understand that if I sign this authorization, I have the right to receive a copy of this authorization. Upon request, the [Name of Employer] will provide me with a copy of this authorization.
I authorize the disclosure and use of my medical information as described above for the purposes listed above. I understand that this authorization is voluntary and that I am signing this authorization voluntarily. ___________________________ ___________________ ________ 15-126
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Employee’s Name (PLEASE PRINT) Signature Date
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City Council
Agenda Report ITEM NO. ____
DATE: June 17, 2020
FROM: Stephanie DeWolfe, City Manager
PREPARED BY: Lucy Demirjian, Assistant to the City Manager Marisol Romero, Management Analyst
SUBJECT: Public Hearing to Approve the Appropriation of Community Development Block Grant Funds-Coronavirus (CDBG-CV) to
Prevent, Prepare, and Respond to the COVID-19 Pandemic
Recommendation Action
It is recommended that the City Council consider the CDBG-CV program options for the purposes of preventing, preparing and responding to the coronavirus and approve appropriation of $73,528.
Community Outreach
The City is required to provide the public an opportunity to comment on the proposed use of these funds. The public hearing held tonight will satisfy this requirement.
Discussion/Analysis
The COVID-19 pandemic has disrupted the economy in profound ways. With businesses shuttered for several months, widespread joblessness and furloughs have contributed to a staggering unemployment rate of 20.3 percent in Los Angeles County. Individuals, families and businesses are in dire need of assistance.
To help those impacted by the pandemic, the CARES Act allocated $2 billion in supplemental funds to existing CDBG grantees using the standard annual formula. Los Angeles County received $13.6 million of which $73,528 was allocated to the City of South Pasadena and must be spent by September 2022. On May 6th the City Council postponed dedicating the CDBG-CV funds to a specific program, opting instead to examine alternatives.
With the need overwhelming the available resources, it’s very challenging to select the most appropriate program(s). Careful consideration must be given to programs that make the funding go further while also meaningfully assisting those most in need. After hearing requests for rental assistance from South Pasadena residents, conducting research, and conferring with the Los Angeles County Development Authority (LACDA) and other cities on multiple calls to better understand all options, staff is presenting the following activities for the City Council’s consideration. The last column is included to show the total number of households or businesses 16 16-1
CDBG-CV Funding Options
June 17, 2020