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submitted to Valerie Passarella at the City of Yorba Linda, 4845 Casa Loma Avenue, Yorba Linda, CA 92886 and/or by email at [email protected].
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APPENDIX A
PROFESSIONAL SERVICES AGREEMENT
[The Agreement will be prepared by the City’s Contract Administrator) [[[ MODEL - REMOVE THIS TITLE WHEN USED ]]]
PROFESSIONAL SERVICES AGREEMENT
<<CONTRACT_TITLE>>
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this ______ day of __________, «Year» (“Effective Date”) by and between the CITY OF YORBA LINDA, a California municipal corporation, (“City”) and «Consultant», a «Entity_Type» (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on «Term_of_Contract_Beginning» and shall end on «Term_of_Contract_Ending» unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any
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such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
Section 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
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e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Yorba Linda
Attn: Accounts Payable
4845 Casa Loma Ave
Yorba Linda, CA 92886
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
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2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination.
Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover interinsured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the
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provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy.
In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
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4.3 Professional Liability Insurance.
General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City.
Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following:
(1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage.
A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the following reference: «Contract_Title». The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Yorba Linda, 4845 Casa Loma Ave, Yorba Linda, CA 92886. City must be endorsed as an additional
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insured for liability arising out of ongoing and completed operations by or on behalf of Consultant.
c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
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g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law
or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
Section 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability.
Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which
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Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design
Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California
shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and
any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Prevailing Wages. Consultant acknowledges and
agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3.
Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages.
b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof. (i) In accordance with Sections 1773 and 1773.2 of the
Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022- 1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s
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principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the
provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system.
(iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay.
(v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code. (vi) Consultant is aware of and will comply with the
provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices. Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement. (vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor.
c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.
d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments.
Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act.
Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3. In the event City makes such a
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determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with
Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any
time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel
this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of
termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive
discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
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8.5 Amendments. The Parties may amend this
Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and
Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the
expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant
materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost
to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s
Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City.
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Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law.
Consultant understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
9.2 Licensing of Intellectual Property. This Agreement
creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. 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 the 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 records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or
documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at
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any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), 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 this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Orange County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section
headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party
to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
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10.6 Successors and Assigns. The provisions of this
Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this
Agreement shall be handled for Consultant by «Consultant_Contact» (“Consultant’s Representative”). The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, «Staff_Contact», «Staff_Title» (“Contract Administrator”). All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
«Consultant»
Attn: «Consultant_Contact»
«Address»
«City», «State» «Zip_Code»
Any written notice to City shall be sent to the Contract Administrator at:
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
Attn: «Staff_Contact», «Staff_Title»
with a copy to:
City Clerk
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
10.10 Professional Seal. Where applicable in the
determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed
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professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled “Seal and Signature of Registered Professional with report/design responsibility,” as in the following example.
__________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.12 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.13 Counterparts. This Agreement may be executed in
multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.14 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.15 Nondiscrimination. Consultant covenants that, by
and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
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10.16 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No
officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and
warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF YORBA LINDA
«City_Signature»
Attest:
Marcia Brown, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
CONSULTANT
«Consultant_Signature_1»
«Consultant_Signature_2»
[Note: 2 officer’s signatures required if
Consultant is a corporation, unless
provided with a certificate of secretary inlieu]
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EXHIBIT A
SCOPE OF SERVICES
Services shall include «Contract_Title» services in the amount not to exceed «CONTRACT_AMOUNT_SPELLED_OUT» («Contract_Amount») as further detailed in the following page(s).
[ATTACH SCOPE OF WORK AND OTHER DETAILS SPECIFIC TO THE PROJECT]
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EXHIBIT B
COMPENSATION
[INSERT HOURLY RATE FOR SERVICE]
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APPENDIX B
PROPOSAL WORKSHEET
RFP – CITY OF YORBA LINDA THEATER AUDIO-VISUAL TECHNICIAN SERVICES The intent of this proposal is to contract with an experienced and specialized audio-visual firm to provide stage, light, and sound production for City and facility rental events held at the Virginia De Land Theater at the Yorba Linda Cultural Arts Center, a black box theater. The period of this contract covers January 1, 2026 through December 31, 2027. The contract may also be extended for three (3) additional one (1) year periods upon mutual approval between the City and company.
Firm Information
Firm Name:
Firm Parent or Ownership:
Firm Address:
Firm Telephone Number:
Firm Fax Number:
Number of years in existence:
Management Contact (person responsible for direct contact with the City of Yorba Linda and services required for this Request for Proposal):
Name: Title:
Telephone Number: Fax:
Email:_______________________________
Project Manager (Person responsible for day-to-day servicing of the account):
Name: Title:
Telephone Number: Fax:
Email:_______________________________
Types of services provided by the firm:
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Pricing Information
The costs identified below should include hourly pricing to provide one audio-visual technician’s services, including rehearsals, performances, scheduled maintenance, and other duties. Hourly costs should include all administrative and support costs.
Cost for providing services during performances
Hourly Cost (in figures): _________________________________________________________ Hourly Cost (in words): __________________________________________________________ Other Charges
Description (e.g. overtime, holiday pay, hourly, flat, etc) _________________________________ Hourly Cost (in figures): _________________________________________________________ Hourly Cost (in words): __________________________________________________________ Description (e.g. overtime, holiday pay, hourly, flat, etc) _________________________________ Hourly Cost (in figures): _________________________________________________________ Hourly Cost (in words): __________________________________________________________ Description (e.g. overtime, holiday pay, hourly, flat, etc) _________________________________ Hourly Cost (in figures): _________________________________________________________ Hourly Cost (in words): __________________________________________________________
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APPENDIX C
CERTIFICATION OF PROPOSAL TO THE CITY OF YORBA LINDA
1. The undersigned hereby submits its proposal and, by doing so, agrees to furnish services to the City in accordance with the Request for Proposal (RFP), dated September 29, 2025, and to be bound by the terms and conditions of the RFP.
2. This firm has carefully reviewed its proposal and understands and agrees that the City is not responsible for any errors or omissions on the part of the proposer and that the proposer is responsible for them.
3. It is understood and agreed that the City reserves the right to accept or reject any or all proposals and to waive any informality or irregularity in any proposal received by the City.
4. The proposal includes all of the commentary, figures and data required by the Request for Proposal, dated September 29, 2025.
5. This firm has carefully read and fully understands all of the items contained in Section G, Proposal Requirements. This firm agrees to all of the general requirements except for those disclosed by the firm in project proposal, listed on an attachment.
6. The proposal shall be valid for 120 days from November 5, 2025.
Name of Firm:
By:
(Authorized Signature)
Type Name:
Title:
Date:
Professional
Services
Agreement
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PROFESSIONAL SERVICES AGREEMENT
Theater Audio-Visual Technician at the Yorba Linda Cultural Arts Center THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and effective this 16th day of December, 2025 (“Effective Date”) by and between the CITY OF YORBA LINDA, a California municipal corporation, (“City”) and Sterling OC Enterprises.
LLC, a Limited Liability Company (LLC) (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated herein by this reference (the “Services”). Consultant will perform subsequent task orders as requested by the Contract Administrator (as defined below), in accordance with the Scope of Services. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on January 1, 2026 and shall end on December 31, 2027 unless the term of this Agreement is otherwise terminated or extended as provided for in Section 8. The time provided to Consultant to complete the Services required by this Agreement shall not affect City’s right to terminate this Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a provider of first class work and services and Consultant is experienced in performing the Services contemplated herein and, in light of such status and experience, Consultant shall perform the Services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession and to the sole satisfaction of the Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of the Services pursuant to this Agreement as may be reasonably necessary to satisfy Consultant’s obligations hereunder.
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1.5 Authorization to Perform Services. Consultant is not authorized to perform any of the Services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.
1.6 Warranty. By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the Services, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the Services.
SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed ONE HUNDRED THOUSAND DOLLARS ($100,000.00) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for the Services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized in advance by City, Consultant shall not bill City for duplicate services performed by more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
b. The beginning and ending dates of the billing period; c. A “Task Summary” containing the original contract amount, the amount of prior billings, the total due this period, the balance available under this Agreement, and the percentage of completion;
d. At City’s option, for each item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person performing the Services, the hours spent by each person, a brief description of the Services, and each reimbursable expense;
e. The total number of hours of work performed under this Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing the Services hereunder necessary to complete the Services described in Exhibit A; f. Receipts for expenses to be reimbursed;
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g. The Consultant Representative’s signature.
Invoices shall be submitted to:
City of Yorba Linda
Attn: Valerie Passarella, Parks and Recreation Department 4845 Casa Loma Ave
Yorba Linda, CA 92886
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.
2.3 Retention of Funds, Final Payment. Consultant hereby authorizes City to retain and deduct from any amount payable to Consultant not exceeding five percent (5%) of the total compensation. The retained funds shall be paid to Consultant within sixty (60) days after final acceptance of the Services by the City and after Consultant has furnished City with full release of all undisputed payments under this Agreement. In the event there are any claims specifically excluded by Consultant from the operation of the release, City may retain proceeds of up to one hundred fifty percent (150%) of the amount in dispute.
The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as provided in this Agreement. City shall pay the last five percent (5%) of the total amount due pursuant to this Agreement within sixty (60) days after completion of the Services and submittal to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Payment. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entirety of the Services performed pursuant to this Agreement, unless this Agreement is modified in writing prior to the submission of such an invoice.
2.5 Hourly Fees. Fees for the Services performed by Consultant on an hourly basis shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.
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2.8 Payment upon Termination. In the event that City or Consultant terminates this Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and reimbursable expenses incurred for Services satisfactorily completed and for reimbursable expenses as of the date of written notice of termination.
Consultant shall maintain adequate logs and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facility or equipment that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.
SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure the types and amounts of insurance listed below and provide certificates of insurance, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this Section and which is satisfactory, in all respects, to City. Consultant shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in Consultant’s compensation. Consultant shall not allow any subcontractor, consultant or other agent to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City.
Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover interinsured suits between City and other insureds. Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to any persons or property resulting from Consultant activities or the activities of any person or persons for which Consultant is otherwise responsible nor shall it limit Consultant’s indemnification liabilities as provided in Section 5.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant pursuant to the provisions of the California Labor Code. Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION
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DOLLARS ($1,000,000.00) per accident, ONE MILLION DOLLARS ($1,000,000.00) disease per employee, and ONE MILLION DOLLARS ($1,000,000.00) disease per policy.
In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the California Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of selfinsurance is provided, shall waive all rights of subrogation against City and its officers, officials, employees, and authorized volunteers for loss arising from the Services performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance. a. General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage, for risks associated with the Services contemplated by this Agreement, TWO MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General Liability Insurance or an Automobile Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Services to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from the Services contemplated under this Agreement, including the use of hired, owned, and non-owned automobiles.
b. Minimum Scope of Coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
c. Additional Requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
(i) The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
(ii) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
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4.3 Professional Liability Insurance.
a. General Requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing the Services pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be approved in writing by City. b. Claims-Made Limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
(i) The retroactive date of the policy must be shown and must be no later than the commencement of the Services.
(ii) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after the expiration or termination of this Agreement or completion of the Services, so long as commercially available at reasonable rates.
(iii) If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the Effective Date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after the expiration or termination of this Agreement or the completion of the Services. Such continuation coverage may be provided by one of the following: (1) renewal of the existing policy; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than the commencement of the Services under this Agreement. City shall have the right to exercise, at Consultant’s sole cost and expense, any extended reporting provisions of the policy, if Consultant cancels or does not renew the coverage. (iv) A copy of the claim reporting requirements must be submitted to City prior to the commencement of the Services under this Agreement.
4.4 All Policies Requirements.
a. Acceptability of Insurers. All insurance required by this Section is to be placed with insurers with a Bests’ rating of no less than A:VII and admitted in California. b. Verification of Coverage. Prior to beginning the Services under this Agreement, Consultant shall furnish City with certificates of insurance, additional insured endorsement or policy language granting additional insured status complete certified copies of all policies, including complete certified copies of all endorsements. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. The certificate of insurance must include the
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following reference: Theater Audio-Visual Technician at the Yorba Linda Cultural Arts Center. The name and address for additional insured endorsements, certificates of insurance and notice of cancellation is: City of Yorba Linda, 4845 Casa Loma Ave, Yorba Linda, CA 92886. City must be endorsed as an additional insured for liability arising out of ongoing and completed operations by or on behalf of Consultant. c. Notice of Reduction in or Cancellation of Coverage. Consultant shall provide written notice to City within ten (10) working days if: (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; or (3) the deductible or self insured retention is increased. In the event any of said policies of insurance are cancelled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with this Section 4 to the Contract Administrator. d. Additional Insured; Primary Insurance. City and its officers, employees, agents, and authorized volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of the Services performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by Consultant in the course of providing the Services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or authorized volunteers. The insurance provided to City as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City. Additional insured status shall continue for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to City and its officers, officials, employees, and volunteers, and that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss under the coverage.
e. Deductibles and Self-Insured Retentions. Consultant shall obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the Services.
During the term of this Agreement, only upon the prior express written authorization of the Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
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f. Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
g. Variation. The Contract Administrator may, but is not required to, approve in writing a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that City’s interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under this Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a professional standard of care for performance of the Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City and any and all of its officers, employees, officials, volunteers, and agents from and against any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action (whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards, assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a defense for City, the legal costs of counsel retained by City) and any judgment (collectively, “Claims”) to the extent same are caused in whole or in part by any negligent or wrongful act, error, or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of professional services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and all of its officers, employees, officials, volunteers, and agents from and
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against any and all Claims, where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to officers, agents, employees or subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any provision of this Section 5 to the contrary, design professionals, as that term is defined in Civil Code Section 2782.8, are required to defend and indemnify City only to the extent permitted by Civil Code Section 2782.8. The term “design professional” as defined in Section 2782.8, is limited to licensed architects, licensed landscape architects, registered professional engineers, professional land surveyors, and the business entities that offer such services in accordance with the applicable provisions of the California Business and Professions Code. This Subsection 5.3 shall only apply to Consultant if Consultant is a “design professional” as that term is defined in Civil Code Section 2782.8.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to claims occurring as a result of City’s sole or active negligence. The provisions of this Section 5 shall not release City from liability arising from gross negligence or willful acts or omissions of City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. INDEPENDENT CONTRACTOR.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of the Services rendered pursuant to this Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes the Services rendered pursuant to this Agreement. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall not at any time or in any manner represent that it is or any of its officers, employees, or agents are in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing the Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing the Services hereunder. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (“PERS”) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.
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SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply with all applicable local, state, and federal laws and regulations applicable to the performance of the work hereunder. Consultant shall not hire or employ any person to perform work within City or allow any person to perform the Services required under this Agreement unless such person is properly documented and legally entitled to be employed within the United States. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Prevailing Wages. Consultant acknowledges and agrees that it shall be independently responsible for reviewing the applicable prevailing wage laws and regulations and effectuating compliance with such laws, including, but not limited to the prevailing wage and related requirements set forth in this Subsection 7.3. Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
a. Public Work. Consultant hereby expressly acknowledges and agrees that City has never previously affirmatively represented to Consultant, its employees or agents in writing or otherwise that the Services are not a “public work,” as defined in Section 1720 of the Labor Code. It is agreed by the Parties that, in connection with the development, construction (as defined by applicable law) and operation of the Services, including, without limitation, any public work (as defined by applicable law), if any, Consultant shall bear all risks of payment or non-payment of state and/or federal prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. To the extent applicable, City will enforce all penalties required by law for Consultant’s failure to pay prevailing wages.
b. Labor Code of California. The Consultant’s attention is directed to Division 2, Part 7, Chapter 1 of the Labor Code of the State of California and especially to Article 2 (Wages); and Article 3 (Working Hours), thereof. (i) In accordance with Sections 1773 and 1773.2 of the Labor Code, City has found and determined the general prevailing rates of wages in the locality in which the public work is to be performed are those determined by the Director of Industrial Relations and available at https://www.dir.ca.gov/OPRL/2022- 1/PWD/Southern.html. Copies of the prevailing rates of wages are maintained with City’s
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principal office and are available to any interested party on request. Consultant shall post a copy of the prevailing rate of per diem wages at each job site. (ii) Consultant is aware of and will comply with the provisions of Labor Code Section 1776, including the keeping of payroll records and furnishing certified copies thereof in accordance with said Section. Pursuant to Labor Code Section 1771.4, Consultant must submit certified payroll records to the Labor Commissioner using the Department of Industrial Relations’ electronic certified payroll reporting (eCPR) system. (iii) Pursuant to Labor Code Section 1810, it is stipulated hereby that eight (8) hours labor constitutes a legal day’s work hereunder. (iv) Pursuant to Labor Code Section 1815, work performed by employees of contractors in excess of eight (8) hours per day, and 40 hours during any one week, shall be permitted upon public work upon compensation for all hours worked in excess of eight (8) hours per day at not less than 1 ½ times the basic rate of pay. (v) Pursuant to Labor Code Section 1813, it is stipulated hereby that Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor hereunder for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one (1) calendar week in violation of the provisions of Article 3 (commencing with Section 1810), Chapter 1, Part 7, Division 2 of the Labor Code. (vi) Consultant is aware of and will comply with the provisions of Labor Code Sections 1777.5 and 1777.6 with respect to the employment of apprentices.
Pursuant to Section 1777.5 it is hereby stipulated that Consultant will be responsible for obtaining compliance therewith on the part of any and all sub-consultants or subcontractors employed by Consultant in connection with this Agreement. (vii) Pursuant to Labor Code Section 1775, it is hereby stipulated that Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for the Services by Consultant or any sub-consultant or subcontractor.
c. Bidding Eligibility. Pursuant to Labor Code Section 1771.1, no contractor or subcontractor (or consultant or subconsultant) may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations.
d. DIR Monitoring. Pursuant to Labor Code Section 1771.4, Consultant is hereby notified that this project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
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e. Indemnification Related to Prevailing Wages. Section 5, Indemnification, specifically encompasses Claims arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, state, and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, the requirement to pay state prevailing wages and hire apprentices); (ii) the implementation of Labor Code Sections 1726 and 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing the Services to provide any required disclosure or identification as required by Labor Code Section 1781, as the same may be amended from time to time, and/or any other similar law.
7.4 Licenses and Permits, Fees and Assessments. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions, and perform the Services. Consultant represents, warrants, and covenants to City that Consultant and its employees, agents, and subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions, and perform the Services.
In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from City. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes, penalties or interest levied, assessed, or imposed against City hereunder.
7.5 Conflicts of Interest, Political Reform Act. Consultant represents, warrants, and covenants that Consultant presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement.
Consultant acknowledges that pursuant to the provisions of the Political Reform Act (Government Code Section 87100 et seq.), City may determine the Consultant to be a “consultant” as that term is defined by 2 California Code of Regulations Section 18700.3.
In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing work under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.
7.6 Annual Appropriation of Funding. In accord with Article 16 Section 18 of the California Constitution, payment of compensation under this Agreement is contingent
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upon annual appropriation of funds by City for that purpose. Consultant acknowledges and agrees that to the extent that the Services extend beyond one (1) fiscal year, payment for such Services is expressly conditioned on City’s annual appropriation of funds for such Services for each year. If no funds are appropriated then this Agreement shall be terminated. City pledges and agrees to process such appropriation requests annually and in good faith. Nothing in this Subsection shall be construed to limit the right of either Party to terminate this Agreement as provided herein.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days’ written notice to City.
8.3 Consequences of Termination. In the event of termination, Consultant shall be entitled to compensation for the Services performed up to the date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.
8.6 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in Consultant’s proposal, without prior written approval of the Contract
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Administrator. In the event that key personnel leave Consultant’s employ, Consultant shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;
c. Retain a different consultant to complete the Services described in Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the Services.
SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of City. Consultant hereby agrees to deliver those documents to City upon the expiration or termination of this Agreement.
It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for City and are not necessarily suitable for any future or other use. Any use of such documents for other projects by City shall be without liability to Consultant. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports, and other documents are confidential and will not be released to third parties without prior written consent of both Parties unless required by law. Consultant understands and agrees that it may be required to provide documents to the City to be produced in response to a Public Records Act request.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, rights of reproduction, and other intellectual property embodied in
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plans, specifications, studies, drawings, estimates, test data, survey results, models, renderings, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings, digital renderings, or data stored digitally, magnetically, or in any other medium, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents and Data”). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents and Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents and Data. Consultant makes no such representation and warranty in regard to Documents and Data which were prepared by design professionals other than Consultant or provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk.
9.3 Consultant’s Books and Records. 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 the 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 records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Subsection 9.3 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), 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 this Agreement.
SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If either Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and expenses including costs, in addition to any other relief to which that Party may be entitled; provided, however, that the attorneys’ fees awarded pursuant to this Subsection shall not exceed the hourly rate paid by City for legal services multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the litigation. The court may set such fees in the same action or in a separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in Orange County.
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10.3 Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a nondefaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for Consultant by Carlos San Roman, Owner (“Consultant’s Representative”).
The Consultant’s Representative shall have full authority to represent and act on behalf of Consultant for all purposes under this Agreement. The Consultant’s Representative shall supervise and direct the Services, using his best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City employee, Valerie Passarella, Recreation Supervisor (“Contract Administrator”).
All correspondence shall be directed to or through the Contract Administrator or his designee. The Contract Administrator shall have the power to act on behalf of City for all purposes under this Agreement. Unless otherwise provided in this Agreement, Consultant shall not accept direction or orders from any person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
Sterling OC Enterprises, LLC
Attn: Carlos San Roman
644 N Poplar St. #Q
Orange, CA 92868
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Any written notice to City shall be sent to the Contract Administrator at:
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
Attn: Valerie Passarella, Recreation Supervisor
with a copy to:
City Clerk
City of Yorba Linda
4845 Casa Loma Ave
Yorba Linda, CA 92886
10.10 Rights and Remedies. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
10.11 Integration. This Agreement, including the scope of services attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.
10.13 Execution of Contract. The persons executing this Agreement on behalf of each of the Parties hereto represent and warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not violate any provision of any other agreement to which said Party is bound.
10.14 Nondiscrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, marital status, sexual orientation, national origin, or ancestry.
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10.15 No Third-Party Beneficiaries. There are no intended third-party beneficiaries under this Agreement and no such other third parties shall have any rights or obligations hereunder.
10.16 Nonliability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of City shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.17 No Undue Influence. Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of City in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
10.18 No Benefit to Arise to City Employees. No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or subagreement, or the proceeds thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this Agreement as of the Effective Date.
CITY OF YORBA LINDA
Carlos Rodriguez, Mayor
Attest:
Marcia Brown, City Clerk
Approved as to Form:
Todd Litfin, City Attorney
CONSULTANT
Carlos San Roman, Owner
Sterling OC Enterprises, LLC
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EXHIBIT A
SCOPE OF SERVICES
Services shall include Theater Audio-Visual Technician at the Yorba Linda Cultural Arts Center in the amount not to exceed ONE HUNDRED THOUSAND DOLLARS ($100,000.00) as further detailed in the following page(s).
Theater Audio-Visual Technician Services as described in the Request for Proposal dated September 29, 2025.
EXHIBIT A
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EXHIBIT B
SCHEDULE OF SERVICES
In the event this agreement is renewed pursuant to Section 1.1., the first renewal period shall be from January 1, 2028 through December 31, 2028. The second renewal period shall be from January 1, 2029 through December 31, 2029. The third renewal period shall be from January 1, 2030 through December 31, 2030.
EXHIBIT B
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EXHIBIT C
COMPENSATION
Total Hourly Costs (includes administrative and support costs):
Regular hourly service
Fifty dollars ($50.00) per hour
Overtime and holiday hours
Seventy-five dollars ($75.00) per hour
PARKS AND RECREATION DEPARTMENT
DATE: DECEMBER 16, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, DIRECTOR OF PARKS AND RECREATION
PREPARED BY: MIKE BRANDENBURGER, RECREATION SUPERVISOR
SUBJECT: APPROVE AN AGREEMENT WITH PYRO SPECTACULARS FOR THE 2026 JULY 4TH FIREWORKS SHOW
RECOMMENDATION
It is recommended that the City Council approve an agreement with Pyro Spectaculars, Inc. in an amount not to exceed $38,750 for the City’s annual July 4th Spectacular and fireworks display.
BACKGROUND/DISCUSSION
The City has produced a July 4th Spectacular and fireworks display at Yorba Linda Middle School and Veterans Park since 1989. Given the dangerous nature of fireworks and their importance to the event, the City has partnered with Pyro Spectaculars, the premier fireworks provider in Southern California, for all but one of the celebrations. Historically, Pyro Spectaculars has been responsive, met expectations, and provided exceptional firework displays conducted by an experienced fireworks crew. Pyro Spectaculars requires an executed agreement prior to January 23, 2026, to secure its services for the 2026 show.
FISCAL IMPACT
Sufficient funds are budgeted for the July 4th Spectacular and fireworks display.
ALTERNATIVES
Do not approve the agreement with Pyro Spectacular and provide alternate direction.
ATTACHMENTS
Attachment A – Pyro Spectaculars, Inc. Proposal and Agreement
ATTACHMENT A
PARKS AND RECREATION DEPARTMENT
DATE: DECEMBER 16, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: MIKE KUDRON, PARKS AND RECREATION DIRECTOR
SUBJECT: FY 2024-25 AND FIVE-YEAR LOCAL PARK DEVELOPMENT IMPACT
FEES REPORT
RECOMMENDATION
It is recommended that the City Council receive and file the annual Local Park Development Impact Fees report for the fiscal year ended June 30, 2025.
BACKGROUND
Government Code Section § 66006 (Mitigation Fee Act) requires local agencies that impose development impact fees to prepare an annual report detailing the collection and use of those fees. The annual report must be reviewed by the City Council at a regularly scheduled meeting not less than 15 days after the information is made available to the public. A copy of this report has been available at the City Clerk's office and the website since November 24, 2025.
The Act also requires that the City make findings with respect to any unexpended fees every five years. The City has opted to make the required five-year findings for impact fees every year when the annual report is presented.
DISCUSSION / ANALYSIS
The City Council adopted Resolution No. 2014-5264, on August 5, 2014, which established a fee schedule of development impact fees assessed on new development to construct or expand local parks. The fees are levied pursuant to Municipal Code Section § 15.56.
State law requires the annual report include:
A) A brief description of the type of fee – The purpose of the Local Park Impact Fee is to ensure that new development is paying its portion of the Parks and Recreation infrastructure costs associated with the new development growth proposed.
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B) The amount of the fee – The current fee is charged based on the type of residential development project and number of dwelling units:
• Single Family Dwelling Unit $16,716 per lot
• Multiple Family Dwelling Unit $10,718 per lot
*Effective 01/01/2020 ADU(s) Multi-Family rate for Parks and Rec – Proportionate to main house, only count living space.
CALCULATION: ADU square footage (divided by) main house living square footage = %. Take the multi-family rate of Parks & Rec and (multiply) by %. The final number is the fee to be charged for that specific development impact fee.
C) The beginning and ending balance of the funds – See D below.
D) The amount of the fees collected, and the interest earned Item Amount
Balance as of July 1, 2024 $0
Fees Received $42,760.74
Interest Revenue $2,850.47
Total Available Resources $45,611.21
Expenditures ($2,807.70)
Balance as of June 30, 2025 $42,803.51
E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees – Funds were expended during Fiscal Year 2024-25 for the following projects:
Improvement
Expenditure
Percentage
Funded 1
Vista Del Verde Basketball Court $2,807.70 Less than 1% 1 This is the amount of the project funded with impact fee revenue.
F) An identification of an approximate date by which the construction of the public improvement will commence if determined that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete – The Vista Del Verde Basketball Court Project was completed in FY 2024-25.
FY 2024-25 AND FIVE-YEAR LOCAL PARK DEVELOPMENT IMPACT FEES REPORT P a g e | 3
G) A description of each interfund transfer or loan made from the funds – A transfer of $2,807.70 was made from the Local Park Impact Fee Fund to the Capital Improvement Project Fund to fund the project costs listed in Table E above.
H) The amount of refunds made pursuant to §66001(e) – None.
State law requires findings be made with respect to each impact fee being assessed at least every five years:
(5A) Identify the purpose to which the fee is to be put – The fee ensures that new development pays its share of the of the Parks and Recreation infrastructure costs associated with the new development growth proposed.
(5B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged – The fee is based on the relationship between the cost to construct and/or need to expand off-site Parks and Recreation facilities due to the population growth impacts caused by the new development. (5C) Identify all sources and amounts of funding anticipated for incomplete improvements – In addition to the Local Park Impact Fees, Parks and Recreation improvements can be funded by other sources such as the General Fund, and Park Inlieu Fees (as allowed by the Quimby Fee Act). The specific funding sources utilized for each project depend on funds available at the time a project is moved forward. (5D) Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund – Funding and construction occurs when undeveloped land is developed. Parks are constructed when all required funding is available and the Parks and Recreation Director has determined that it is appropriate for the project to move forward.
FISCAL IMPACT
None.
ATTACHMENT
Attachment 1 - Annual Report on Local Park Development Impact Fees
ATTACHMENT A
Annual Report - Mitigation Fee Act
Pursuant to Government Code 66006
City of Yorba Linda
Fiscal Year Ending June 30, 2025
Government Code Section 66006 provides that a local agency that requires the payment of development fees shall prepare an annual and five-year report detailing the status of those fees. The annual report must be made available to the public after the close of the fiscal year. The City Council must review the report at the next regularly scheduled public meeting of the Council that falls at least fifteen (15) days after the information is made available to the public.
On August 5, 2014, the City Council adopted Resolution No. 2014-5264, establishing its first Mitigation Fee Act development fee for Local Park Impacts. The initial reporting began with the completion of fiscal year ending June 30, 2015. Every (5) years an additional 5-year comprehensive report is required. We have concluded (2) to date. The most recent five (5) year report was completed in FY 23/24. The next (5) year report is scheduled for FY 28/29.
Pursuant to Government Code Section 66006(b)(1) the following information must be made available to the public:
1. Provide a brief description of the type of fee in the account or fund. a. Local Park Impact Fee:
The fees are used to mitigate or help pay for the construction or needed expansion of offsite Parks and Recreation facilities due to the impact of new development.
2. List the amount of the fee
a. Local Park Impact Fee:
Attached as Exhibit #1
3. List the beginning and ending balance of the account or fund. a. Local Park Impact Fee:
Beginning balance as of 7/1/24:
Ending balance as of 6/30/25:
$0
$42,803.51
*(Throughout the course of FY 24/25 the balance reached $42,760.74 (with expenditures incurred) +$2,850.47 (interest) = $45,611.21
4. List the amount of the fees collected and the interest earned.
Fees Collected Interested Earned
Local Park Impact Fee: $42,760.74 $2,850.47
1.Provide an identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees. a. Local Park Impact Fee:
Expenditures were incurred to assist in the construction completion of Vista Del Verde Basketball Court Project in the amount of $2,807.70, which equates to less than 1% of the total project expense to date.
2. Provide an identification of an approximate date by which the construction of the public improvements will commence if the local agency determines that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete.
a. Local Park Impact Fee:
As of this report, all Mitigation Fee Act secured funds have been used to help pay for the construction completion of the Vista Del Verde Basketball Court Project. Therefore, all public improvement projects associated with such, are deemed complete at this time.
The City has determined that there are not enough funds collected at this time to complete any additional Local Park Impact improvements.
3. Provide a description of each interfund transfer or loan made from the account or fund, including the public improvement on which the transferred or loaned fees will be expended and, in the case of an interfund loan, the date on which the loan will be repaid, and the rate of interest that the account or fund will receive on the loan. a. Local Park Impact Fee:
A transfer of $2,807.70 was made from the Local Park Impact Fee Fund to the Capital Improvement Project fund to fund the project costs related to the completion of completion of Vista Del Verde Basketball Court Project construction.
4. Provide the amount of any refunds made from surplus fees and the amount of any allocations made pursuant to subdivision (f) of Section 66001. Subdivision (f) of Section 66001 requires reallocation of surplus fees where the administrative costs of refunding the fees exceeds the amount to be refunded.
a. Local Park Impact Fee:
None Page 232 of 474
FINANCE DEPARTMENT
DATE: DECEMBER 16, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: SUNNY HAN, FINANCE DIRECTOR / CITY TREASURER
SUBJECT: FISCAL YEAR 2024-25 AND FIVE-YEAR MASTER PLAN OF DRAINAGE
DEVELOPMENT IMPACT FEES REPORT
RECOMMENDATION
It is recommended that the City Council receive and file the annual report of Master Plan of Drainage development impact fees for the fiscal year ended June 30, 2025.
BACKGROUND
Government Code § 66006 (Mitigation Fee Act) requires local agencies that impose development impact fees prepare an annual report detailing the collection and use of those fees. Although it is unclear whether the Master Plan of Drainage development impact fees is subject to the Act, the City follows its requirements out of an abundance of caution. The annual report must be reviewed by the City Council at a regularly scheduled public meeting not less than 15 days after the information is made available to the public. A copy of this report has been available at the City Clerk's office and the website since December 1, 2025.
The Act also requires that the City make findings with respect to any unexpended fees every five years. The City has opted to make the required five-year findings for impact fees every year when the annual report is presented.
DISCUSSION / ANALYSIS
The City Council updated the Master Plan of Drainage development impact fees in 2000 (Resolution No. 2000-3339). The fees are assessed on new development to construct storm drainage infrastructure contemplated in the City’s storm drainage master plan. The fees are levied pursuant to Municipal Code § 17.12.100 and were originally adopted in1968.
State law requires the annual report include:
A) Brief description of the type of fee – The fee funds construction master plan for storm drain infrastructure to accommodate storm run-off in accordance with the Orange County hydrology manuals, including the 1986 Hydrology and Design
FISCAL YEAR 2024-25 AND FIVE-YEAR MASTER PLAN OF DRAINAGE DEVELOPMENT
IMPACT FEES REPORT
P a g e | 2
Manuals and 1996 Addendum No. 1.
B) The amount of the fee – The fee is $14,000 per acre.
C) The beginning and ending balance of the funds – See D below.
D) The amount of the fees collected and the interest earned Balance as of July 1, 2024 $6,898,006.52
Fees Received -
Interest Earned 310,137.16
Total Available Resources $7,554,090.16
Expenditures (475,102.93)
Balance as of June 30, 2025 $6,733,040.75
E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with the fees –Funds were expended during FY 2024-25 for:
Percentage
Funded 1
Yorba Linda & Imperial Sinkhole Repair $359,792.47 100% Black Gold Emergency Storm Drain Repair 115,310.46 100% Total $475,102.93
1 This is the amount of the project funded with impact fee revenue.
F) An identification of an approximate date by which the construction of the public improvement will commence if determined that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete – The projects identified above are ongoing in FY 2025-26.
G) A description of each interfund transfer or loan made from the funds – None.
H) The amount of refunds made pursuant to Section 66001(e) – None.
State law requires that findings be made with respect to each impact fee being assessed at least every five years:
(5A) Identify the purpose to which the fee is to be put – The fee funds construction master plan for storm drain infrastructure to accommodate storm run-off in accordance with the Orange County hydrology manuals, including the 1986
FISCAL YEAR 2024-25 AND FIVE-YEAR MASTER PLAN OF DRAINAGE DEVELOPMENT
IMPACT FEES REPORT
P a g e | 3
Hydrology and Design Manuals and 1996 Addendum No. 1.
(5B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged – The fee is based on the relationship between necessary storm drain facilities and development that necessitates additional storm drain facilities as computed in the 2000 Berryman and Henigar, Incorporated report. (5C) Identify all sources and amounts of funding anticipated for incomplete improvements – All facilities contemplated in the City’s master plan for storm drain infrastructure are anticipated to be funded 100% with Master Plan of Drainage fees. (5D) Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund – Funding and construction of improvements occurs when undeveloped land is developed. Facilities contemplated in the City’s master plan for storm drain infrastructure are constructed when the land that they will serve is developed.
FISCAL IMPACT
None.
FINANCE DEPARTMENT
DATE: DECEMBER 16, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: SUNNY HAN, FINANCE DIRECTOR / CITY TREASURER
SUBJECT: FISCAL YEAR 2024-25 AND FIVE-YEAR TRAFFIC DEVELOPMENT
IMPACT FEES REPORT
RECOMMENDATION
It is recommended that the City Council receive and file the annual traffic development impact fees report for the fiscal year ended June 30, 2025.
BACKGROUND
Government Code §66006 (Mitigation Act) requires local agencies that impose development impact fees prepare an annual report detailing the collection and use of those fees. Although it is unclear whether the traffic development impact fee is subject to the Act, the City follows its requirements out of an abundance of caution. The annual report must be reviewed by the City Council at a regularly scheduled meeting not less than 15 days after the information is made available to the public. A copy of this report has been available from the City Clerk's office and the website since December 1, 2025.
The Act also requires that the City make findings with respect to any unexpended fees every five years. The City has opted to make the required five-year findings for impact fees every year when the annual report is presented.
DISCUSSION
The City’s traffic development impact fee was established in 1993 (Resolution No. 93-2830) and is assessed on new development to construct roadway facilities required by new development. State law requires the annual report include:
A) Brief description of the type of fee – The fee ensures that new development pays its share of the transportation infrastructure costs.
FISCAL YEAR 2024-25 AND FIVE-YEAR TRAFFIC DEVELOPMENT IMPACT FEES REPORT P a g e | 2
B) The amount of the fee – The fee is based on the land use and zoning of the development project:
Residential $600 per unit
Industrial $0.15 per square foot
Office $0.48 per square foot
Commercial $1.98 per square foot
C) The beginning and ending balance of the funds – See D below.
D) Fees collected and the interest earned
Amount
Balance as of July 1, 2024 $458,788.22
Fees Received 5,297.94
Interest Earned 24,527.90
Total Available $488,614.06
Expenditures 59,765.01
Balance as of June 30, 2025 $428,849.05
E) An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the percentage funded with the fees – Funds were expended during FY 2024-25 for the following projects:
Cost
Percentage
Funded 1
Savi Ranch Pkwy. Improvements $5,004.62 11%
Bastanchury Road Median Modification 3,772.09 62%
Traffic Signal - Bastanchury Rd/Casa Loma Ave 169.82 4% Active Transportation Plan Study 5,791.39 4%
Citywide Engineering & Traffic Survey 45,027.09 100%
$59,765.01
1 Amount funded with impact fee revenue.
F) An identification of an approximate date by which the construction of the public improvement will commence if determined that sufficient funds have been collected to complete financing on an incomplete public improvement, and the public improvement remains incomplete – The projects identified above are ongoing in FY 2025-26.
G) A description of each interfund transfer or loan made from the funds – A transfer of $59,765.01 was made from the Traffic Impact Fee Fund to the Capital
FISCAL YEAR 2024-25 AND FIVE-YEAR TRAFFIC DEVELOPMENT IMPACT FEES REPORT P a g e | 3
Improvement Project Fund for the project costs in Section E.
H) The amount of refunds made pursuant to Section 66001(e) – None.
State law requires findings be made with respect to each impact fee being assessed at least every five years:
(5A) Identify the purpose to which the fee is to be put – The fee ensures that new development pays its share of the transportation infrastructure costs. (5B) Demonstrate a reasonable relationship between the fee and the purpose for which it is charged – The fee is based on the transportation infrastructure costs required to accommodate the growth proposed.
(5C) Identify all sources and amounts of funding anticipated for incomplete improvements – In addition to the traffic development impact fees, roadway improvements are funded by gas tax, Measure M, General Funds, and grant funding. (5D) Designate the approximate dates on which the funding is expected to be deposited into the appropriate account or fund – Funding and construction occurs when undeveloped land is developed. Facilities are constructed when all required funding is available and the City Engineer has determined that it is appropriate for the project to move forward.
FISCAL IMPACT
None.
FINANCE DEPARTMENT
DATE: DECEMBER 16, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: SUNNY HAN, FINANCE DIRECTOR / CITY TREASURER
SUBJECT: FISCAL YEAR 2024-25 MEASURE M2 EXPENDITURE REPORT
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 2025-5966 approving the Measure M2 Expenditure Report for the fiscal year ending June 30, 2025.
BACKGROUND
In November 2006, voters approved the renewal of the Measure M one-half cent sales tax for transportation improvements (Measure M2). Measure M2, provides funding for 30 years to relieve traffic congestion and includes taxpayer safeguards and audit requirements to ensure the funds are used appropriately. Local jurisdictions are required to submit an annual expenditure report to the Orange County Transportation Authority (OCTA). The report confirms each city meets minimum required General Fund spending levels for street-related purposes and must be adopted by the City Council and submitted to OCTA by December
31. DISCUSSION
In FY 2024-25, the City received $1,534,429.17 of Measure M2 funding and interest of $63,988. M2 spending totaled $668,079.64 in FY 2024-25 and as of June 30, 2025, $978,462.36 of M2 funding remained available for future use. Staff recommends the City Council approve a Resolution adopting the annual M2 Expenditure Report (Attachment 2).
To be eligible for M2 funding, cities must maintain an annual minimum maintenance of effort (MOE) spending using local discretionary funds (typically General Fund) for streets and right-of-way. In FY 2024-25, Yorba Linda’s MOE obligation was $2,836,929, and actual MOE expenditures were $3,111,598.
MOE requirements are periodically audited by OCTA and the City engaged Clearsource Financial Consulting to develop two cost allocation plans to support (1) internal service fund allocations and (2) Public Works General Fund expenditures. The cost allocation process adhered to Office of Management and Budget guidelines, as recommended by OCTA.
FISCAL YEAR 2024-25 MEASURE M2 EXPENDITURE REPORT P a g e | 2
FISCAL IMPACT
None.
ATTACHMENTS
1. Resolution No. 2025-5966
2. Measure M2 Expenditure Report
RESOLUTION NO. 2025-5966
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA, CALIFORNIA CONCERNING THE MEASURE
M2 (M2) EXPENDITURE REPORT FOR THE CITY OF YORBA
LINDA.
WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds; and
WHEREAS, local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements; and
WHEREAS, local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expended by local jurisdiction in the Expenditure Report that satisfy the Maintenance of Effort requirements; and
WHEREAS, the M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and WHEREAS, the M2 Expenditure Report must be adopted and submitted to the OCTA each year within six months of the end of the local jurisdiction’s fiscal year to be eligible to receive Net Revenues as part of M2.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yorba Linda does hereby inform OCTA that:
a) The M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues including interest earned, expenditures during the fiscal year and balances at the end of fiscal year. b) The M2 Expenditure Report is hereby adopted by the City of Yorba Linda. c) The City of Yorba Linda Finance Director is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending June 30, 2025.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Yorba Linda, California on the 16th day of December 2025.
_____________________________
CARLOS RODRIGUEZ, MAYOR
CITY OF YORBA LINDA
ATTEST:
______________________________
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
RESOLUTION NO. 2025-5966
PAGE 2
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
____________________________________
CITY ATTORNEY
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City of Yorba Linda held on the 16th day of December 2025 and was carried by the following roll call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
____________________________________
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
ADMINISTRATION DEPARTMENT
DATE: DECEMBER 16, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID ALBAUGH, ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: TERMS OF EMPLOYMENT FOR CITY EMPLOYEES
RECOMMENDATION
It is recommended that the City Council adopt:
1. Resolution No. 2025-5961, relating to the classification, compensation, and terms of employment for Mid-Management employees.
2. Resolution No. 2025-5962, relating to the classification, compensation, and terms of employment for Management employees.
3. Resolution No. 2025-5963, relating to the classification, compensation, and terms of employment for Miscellaneous employees.
BACKGROUND
The Municipal Code requires that the classification, compensation, and terms of employment be established by City Council resolution. Consistent with the Myers-MiliasBrown Act, the City met and conferred with the Yorba Linda Chapter of the Orange County Employees Association (Miscellaneous employees) and the Yorba Linda Mid Management Association to negotiate Letters of Understanding (LOU) modifying each Association’s Memorandum of Understanding (MOU) pertaining to the cash out of unused sick leave time.
Historically, the Associations’ MOUs and the Management Employees' resolution allow employees hired prior to July 1, 2001, to cash out accumulated, unused sick leave upon separation. After 10 years of service, the employee can cash out at a rate of 25%; after 15 years, at a rate of 50%; and after 20 years, at 75%. Employees can receive 100% of the value of their unused sick leave (regardless of years of service) if they contribute the entire amount into a Retirement Health Savings (RHS) plan. This is known as an elective deferral.
Recently, the City’s retirement plan sponsor (MissionSquare) reported that the Internal Revenue Code prohibits RHS plans from accepting elective deferrals. In response to this,
TERMS OF EMPLOYMENT FOR CITY EMPLOYEES
P a g e | 2
the City negotiated with the Associations to permit employees to receive 100% of the value of their unused sick leave (regardless of years of service) if the employee contributes the entire amount into qualified deferred compensation plans.
DISCUSSION
The City met and conferred with the Associations in August 2025 to develop the recommended LOUs. The LOUs permit employees hired prior to July 1, 2001, to contribute upon separation any accumulated, unused sick leave up to the IRS annual limit into a 401(a) plan, with funds beyond the IRS annual 401(a) limit contributed to a 457(b) plan.
Accumulated sick leave beyond the IRS annual limit for the combined plans is paid at 100%.
The Associations have ratified the recommended LOUs, and all other terms and conditions of employment remain the same. The LOU language is also recommended for the nonrepresented Management Employees’ resolution.
FISCAL IMPACT
There is no fiscal impact associated with these changes.
ATTACHMENTS
1. Resolution No. 2025-5961
2. Letter of Understanding between the City of Yorba Linda and the Yorba Linda MidManagement Association
3. Resolution No. 2025-5962
4. Resolution No. 2025-5963
5. Letter of Understanding between the City of Yorba Linda and the Yorba Linda chapter of the Orange County Employees’ Association.
RESOLUTION NO. 2025-5961
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA, RELATING TO THE TERMS AND
CONDITIONS OF EMPLOYMENT OF MISCELLANEOUS
EMPLOYEES AND AMENDING RESOLUTION 2024-5908
WHEREAS, the City management and employee representatives have met and conferred in good faith to reach an agreement to clarify terms and conditions of employment pursuant to Government Code Section 3500 et seq.; and
WHEREAS, the City desires to amend Resolution No. 2024-5908 and adopt Resolution No. 2025-5961; and
WHEREAS, the City desires to approve the negotiated Letter of Understanding with the Mid Management Employee Association of the City of Yorba Linda, which clarifies and amends language as provided in the Memorandum of Understanding dated July 1, 2024, to June 30, 2027; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:
Section 1. The Memorandum of Understanding as amended by the Letter of Understanding will be the governing document for terms and conditions of employment for Miscellaneous employees represented through the bargaining unit.
Section 2. Except as otherwise specified to the contrary in this Resolution of the Letter of Understanding, all provisions shall be effective as of December 16, 2025, pursuant to Minute Order action of the City Council.
Section 3. Resolution No. 2024-5908 is hereby amended.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 16th day of December, 2025. ______________________________
CARLOS RODRIGUEZ, MAYOR
CITY OF YORBA LINDA
ATTEST:
______________________________
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
APPROVED AS TO FORM:
RUTAN & TUCKER LLP
______________________________
CITY ATTORNEY
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 16th day of December, 2025, and was carried by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
LETTER OF UNDERSTANDING
between the
THE YORBA LINDA MID-MANAGEMENT ASSOCIATION and the
CITY OF YORBA LINDA
The Yorba Linda Mid-Management Association (“Association”) and the City of Yorba Linda (“City”), herein referred to collectively as the “Parties,” have met and conferred and reached an agreement regarding Article XI regarding Sick Leave of the Memorandum of Understanding (MOU) between the Association and the City for the term of July 1, 2024, to June 30, 2027. The Parties herein agree to the following terms:
1. Effective upon the Adoption of this Letter of Understanding (LOU) by the City Council of the City of Yorba Linda, Article XI shall be amended to read in its entirety as follows:
All regular, permanent, competitive service employees shall accrue annual sick leave at a rate of one day (eight hours) per calendar month. Part-time, regular, permanent, competitive service employees shall accrue sick leave on a pro-rata basis based on the full-time equivalent level of their position (e.g., 0.75 or 0.50). Employees are eligible to accumulate a maximum of 2,500 hours of sick leave.
Employees hired prior to July 1, 2001, shall contribute upon separation any accumulated, unused sick leave up to the IRS annual limit into a 401(a) plan implemented by the City, with any funds beyond the IRS annual 401(a) limit contributed to a 457(b) plan implemented by the City. Any accumulated sick time remaining beyond the IRS annual limit for the combined plans shall be paid at the cash-out rate of 100%.
Employees hired on or after July 1, 2001, shall not be eligible for the payoff of unused sick leave upon separation as set forth above.
All regular Mid-Management employees who elect Mid-Management Annual leave under ARTICLE XII and all regular Mid-Management employees who are hired after January 1, 2025, shall no longer accrue annual sick leave at a rate of one day (eight hours) per calendar month as of January 1, 2025. Any sick leave balances that remain as of January 1, 2025, in an employee’s accrual bank will be frozen and not increased going forward. This balance may be used for actual sick leave, paid upon separation in accordance with this Article, or converted to service credit upon retirement with CalPERS in accordance with the City’s contract with CalPERS. Employees may choose whether to utilize annual leave or any remaining sick leave when they are sick until they have depleted their sick leave hours.
2. The amended language in this LOU will be included in successor MOUs between the Association and City unless otherwise amended or modified in future negotiations between the Parties.
3. All other provisions of the MOU shall remain unchanged by this LOU.
RESOLUTION NO. 2025-5962
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA, RELATING TO THE CLASSIFICATION,
COMPENSATION AND TERMS OF EMPLOYMENT OF
MANAGEMENT EMPLOYEES AND RESCINDING
RESOLUTION 2024-5904
WHEREAS, the City desires to provide its Management employees with certain salary increases and other benefits effective for the term of July 1, 2024, to June 30, 2027; and
WHEREAS, the City desires to rescind Resolution No. 2024-5909 and adopt Resolution No. 2025-5962; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:
Section 1 – Basic Compensation: There is hereby established a basic plan of classification, compensation and terms of employment for all management employees of the City of Yorba Linda who are now or will in the future be employed in any of the classifications of employment listed in Exhibit "A".
The plan is created and established in order to recognize efficient service and will aid in establishing the principle of equal pay for equal work for municipal employment. The basic compensation plan shall consist of the monthly compensation ranges listed in Exhibit “A”.
Each range includes five (5) steps or rates of pay and shall be interpreted and applied as follows:
A. The first step is the minimum rate and is normally the hiring rate of the class. The City Manager is authorized to make an appointment to a position at any other level of the salary range when he deems it necessary.
B. Every employee in an at-will management position shall have a salary anniversary date established at the completion of six (6) months of satisfactory service and shall receive a merit increase at this time upon approval of the City Manager. In the event a management employee is hired at the third step (C Range) or higher, the salary anniversary date will be established at the completion of one (1) year of satisfactory service and may receive a merit increase at this time upon approval of the City Manager.
C. Compensation on Transfer. The salary rate and salary anniversary date of an employee who is transferred within the classification shall not change.
D. Change in Class Salary Range. If a classification is allocated to a different salary range, an employee in a position in that classification shall be compensated at the same numbered step in the new range as he/she was receiving in the previous range and his/her salary anniversary date shall not change.
RESOLUTION NO. 2025-5962
PAGE NO. 2
E. Salary on Demotion. An employee who is demoted shall have his/her salary rate reduced to the nearest lower salary rate of the classification of the position to which he/she is demoted. The effective date of the demotion shall become his/her new salary anniversary date, and he/she shall earn eligibility for annual merit increases thereafter.
F. Length of Service Required when Advancement Denied. When an employee has not been approved for advancement to the next higher step, he/she may be reconsidered for such advancement at any subsequent time.
G. Pay Periods. All employees shall be paid on a biweekly basis. The basic biweekly salary shall be computed by multiplying the monthly salary by twelve (12) months and dividing the resultant product by twenty-six (26) pay periods. The basic hourly rate for all employees with a scheduled forty (40) hour work week shall be computed by dividing the biweekly salary by eighty (80) hours.
H. Work Week and Work Day. The regular work week for all employees shall be forty (40) hours.
Section 2 – Compensation:
Effective July 1, 2024, each classification in the management unit shall be adjusted by a
6.0% cost-of-living adjustment (COLA).
Effective July 1, 2025, each classification in the management unit shall be adjusted by a
3.0% COLA.
Effective July 1, 2026, each classification in the management unit shall be adjusted by a
3.0% COLA.
Classifications and Salary Ranges are included in Exhibit “A”.
Section 2.1 – Bilingual Pay: Employees designated by the City Manager shall receive bilingual pay in the amount of $40 per pay period.
Section 3 – Retirement: Employment with CITY is subject to the California Public Employees’ Pension Reform Act of 2013 (hereinafter “PEPRA”) and the California Public Employees Retirement System (hereinafter “CalPERS”).
Pursuant to PEPRA, individuals who are employed by any public employer before January 1, 2013, and who become employed by CITY for the first time on or after January 1, 2013, shall be subject to the retirement plan that was available to comparable CITY safety or non-safety employees as of December 31, 2012, if the individual was subject to reciprocity with CalPERS.
Pursuant to PEPRA, individuals who were previously employed by CITY, and who become reemployed by CITY after January 1, 2013, shall be subject to the retirement
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plan that was in effect at the time they separated from the employment of CITY, regardless of the length in the break of service.
PEPRA requires a different benefit plan for CITY employees who are hired on or after January 1, 2013, and who are new employees and new members on or after January 1, 2013.
PEPRA defines a “new employee” to mean either of the following: an employee, including one who is elected or appointed, of a public employer who is employed for the first time by any public employer on or after January 1, 2013, and who was not employed by any other public employer prior to the that date. A “new employee” also means an employee, including one who is elected or appointed, of a public employer who is employed for the first time by any public employer on or after January 1, 2013, and who was employed by another public employer prior to that date, but who was not subject to reciprocity.
PEPRA defines a “new member” to mean an individual who becomes a member of any public retirement system for the first time on or after January 1, 2013, and who is not a member of any other public retirement system prior to that date; an individual who becomes a member of a public retirement system for the first time on or after January 1, 2013, and who was a member of another public retirement system prior to that date that was not subject to reciprocity; or an individual who was an active member in a retirement system and who had a break in service of more than six months before returning to active membership in that same retirement system with a new employer.
Effective January 1, 2013, public employers that offer a defined benefit plan shall only offer the defined benefit formulas to new members established pursuant to PEPRA.
Effective January 1, 2013, each retirement system that offers a defined benefit plan for non-safety members who are new members will have a retirement formula that is 2% @
62. Equal sharing of normal costs between public employers and public employees shall be the standard for new members. The standard shall be that employees pay at least 50% of normal costs. Employers cannot pay any of the required employee contribution for new employees who are also new members.
The “normal cost” is defined as the annual actuarially determined normal cost for the defined benefit plan of an employer expressed as a percentage of payroll.
Once the new member’s contribution rate is established, the employee’s contribution rate can automatically be adjusted upwards or downwards, but only if the normal cost rate increases or decreases by more than 1% of payroll above or below the normal cost rate in effect at the time the employee contribution rate is first established, or the normal cost rate in effect at the time of the last adjustment of the employee contribution rate.
The employee contributions for new members may be more than one-half of the normal cost if the increase has been agreed to through the collective bargaining process subject to several restrictions.
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Final compensation for new members shall now mean the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months immediately preceding his or her retirement. The member also has the option of designating an alternative 36 consecutive month period during the member’s applicable service.
Classic Members
This retirement plan only applies to classic members within the meaning of PEPRA.
Classic members are those individuals employed by CITY prior to January 1, 2013.
Classic members are also those individuals who are hired by CITY after January 1, 2013, and who were employed by another public agency prior to January 1, 2013, and who had membership with a previous reciprocal retirement system without a six month break in service between employment by eligible public agencies.
The City shall provide a retirement benefit package for the employees which is based on single highest year compensation and includes unused sick leave credit, post-retirement survivor allowance and Level 4 1959 Survivors Benefits.
Effective July 2016, classic members shall contribute a total of 7.0% PERS contribution towards the employer’s share, and CITY shall contribute the balance of the employee’s and employer’s share of the contribution to PERS pursuant to Government Section Code 20516(a).
As of August 7, 2007, the City pays and reports the value of Employer Paid Member Contribution (EPMC) to CalPERS as additional compensation for each employee. This benefit shall consist of paying 7% of the normal contributions for employees, and reporting this 7% as compensation earnable.
New Members
This retirement plan only applies to new members hired by CITY on or after January 1, 2013.
The member contribution rate will be half the normal cost of payroll as determined by CalPERS. - The member contribution rate may change over time if the total normal cost rate for new miscellaneous members fluctuates by more than 1% of payroll. The total normal cost rate will be impacted over time by the actual demographics of CITY’s miscellaneous plan and the actuarial assumptions used in the funding of the retirement benefits. The member rate will be reviewed once a year by CalPERS when the actuarial valuation of CITY’s miscellaneous plan is performed.
CITY shall promptly notify the affected member of any change in the member contribution rate imposed by CalPERS during the term of this Resolution. Any such change in the member contribution rate is mandatory, and it shall be implemented by City in accordance with the CalPERS notification. Any change in the member contribution rate during the term of this Resolution imposed by CalPERS shall not be subject to the meet and confer
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process, and the parties specifically agree that changes in the member contribution rate for new members are outside the scope of representation.
Final compensation for new members shall now mean the highest average annual pensionable compensation earned by the member during a period of at least 36 consecutive months, immediately preceding his or her retirement. The member also has the option of designating an alternative 36 consecutive month period during the member’s applicable service.
These benefits are not available to limited service employees which include part-time, seasonal or temporary employees.
Section 4 – Medical/Health and Life Insurance:
Life Insurance on Employee. The CITY shall provide life insurance on the life of each regular management employee and pay the full annual premium therefore. The face amount of said policies shall be equal to the employee’s annual salary and increasing it to the nearest one-thousand dollars ($1,000) to a maximum of $200,000. Additional life insurance coverage may be purchased if the employee pays for the additional premium.
Upon separation from employment, continuation life insurance coverage may be purchased if the employee pays for the additional premium.
Medical/Health Insurance. The CITY shall provide health insurance to employees through the CALPERS PEMHCA medical program. The CITY shall pay toward the annual cost of the health plan in accordance with the following schedule:
Regular employees
Effective January 1, 2017, all City employees shall participate in the City’s “cafeteria plan”.
Effective January 1, 2017, the City shall contribute an amount equal to the average family rate of all HMO plans offered through the CALPERS PEMCHA medical program to the “cafeteria plan”. The above contribution amount will be adjusted on a yearly basis effective January 1st of each year, according to the published CALPERS PEMCHA medical premium rates for Orange County.
Employees hired on or after April 1, 2017 shall receive a City contribution to the “cafeteria plan” of 90% of the average family rate of all HMO plans offered through CALPERS PEMCHA medical program. In addition, employees will receive a City contribution to an established retirement health savings (RHS) account of 10% of the average family rate of all HMO plans offered through CALPERS PEMCHA medical program. The above contribution amounts will be adjusted on a yearly basis effective January 1st of each year, according to the published CALPERS PEMCHA premium rates for Orange County.
The cafeteria plan is utilized first to pay health insurance premiums; any residual amount may be received as cash. Employees may elect to adjust their contribution to deferred compensation in an amount equal to part or all of any residual amount above the cost of their medical premiums.
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Employees that wish to opt-out of medical coverage with the City of Yorba Linda will receive the cash equivalent of the cafeteria amount subject to their hire date. To qualify to waive medical coverage with the City of Yorba Linda, the employee must show proof of coverage in a group health plan such as with a spouse’s employer. Proof of other group coverage must be submitted each year at open enrollment.
Retired employees and employees’ dependents
Retirees and their dependents are eligible to participate in the CALPERS PEMHCA medical program.
Employees hired before April 1, 2017, will receive the CALPERS minimum required contribution toward their retiree medical. In addition, these employees who have retired from a retirement system the City participates in within 120 days of separation from the City will receive an additional City contribution to a health reimbursement account (HRA) toward their retiree medical in a total amount, including the CALPERS minimum required contribution describe above, up to the average of the two party HMO rates provided on a yearly basis by CALPERS. The above contribution amounts will be adjusted on a yearly basis, effective January 1st of each year, according to the published CALPERS PEMCHA premium rates for Orange County. The amount deposited into each retiree’s HRA account will be no greater than the total cost of their monthly health insurance premium, and any remaining funds not utilized for premiums is forfeited to the City.
Employees hired on or after April 1, 2017, will receive the CALPERS minimum required contribution toward their retiree medical.
Section 5 – Dental and Vision Insurance/Employee Assistance Program: The CITY shall provide dental and vision insurance and employee assistance program benefits for the following classes of employees and their dependents. The CITY shall pay - the annual cost of the dental, vision and employee assistance program in accordance with the following schedule:
Regular employees. The City will provide Dental and Vision Coverage for employees and dependents.
Retired employees and employees’ dependents. For employees hired prior to April 1, 2017, the City will provide Dental and Vision Coverage in retirement. Coverage is also provided to eligible dependents.
Employees hired on or after April 1, 2017, will not be eligible for Dental or Vision coverage in retirement.
Employee Assistance Program (EAP) – The City provides an Employee Assistance Program for all full-time benefited employees and any members of their household. The EAP program provides face-to-face counseling along with a variety of other life-event services at no-cost to the employee or their family.
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Section 6 – Section 125 Plan: The CITY shall provide a Section 125 Plan for employees to seek reimbursement for expenses relating to medical and dependent care.
Section 7 – Disability Insurance: The City shall provide a short-term and long-term disability insurance plan for all regular management employees. The City pays one-hundred (100) percent of the premium for both plans.
Short-term disability
1. Fourteen (14) day elimination period. (First day coverage if hospitalized due to an accident.) Employees shall be required to use sick leave during the elimination period. Use of vacation accrual at the end of sick leave shall be at the option of the employees.
2. At the end of the fourteen (14) day elimination period the employee shall receive fifty (50) percent of his/her salary for the remainder of the short-term disability period, to a maximum of one-thousand (1,000) dollars per week.
Long-Term disability
1. One-hundred eighty (180) day elimination period.
2. At the end of the one-hundred eighty (180) day elimination period, the employee shall receive the lesser of:
a. Sixty (60) percent of pre-disability earnings, to a maximum of (10,000) dollars per month.
b. Seventy (70) percent of pre-disability earnings, reduced by deductible income to a maximum of (10,000) dollars per month.
Section 8 – 9/80 Work Schedule: The City shall implement a 9/80 work schedule which consists of two consecutive work periods containing the equivalent of nine work days instead of ten in a two week period. Employees will work eight days for nine hours per day and one day for eight hours, for a total of eighty hours in two consecutive work periods. Exceptions to the 9/80 work schedule shall be those employees determined by the City Manager to be necessary in order to maintain specific City operations and service levels.
Section 9 – Annual Leave: All regular management employees shall be granted annual leave which can be used for any purpose including sick leave and vacation leave. Annual leave shall accrue on the following basis:
1 - 4 years of service 4.5 weeks/year or 6.923 hours/pay period 5 + years of service 5.5 weeks/year or 8.462 hours/pay period
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Employees may accumulate an amount up to double their annual accrual. Once the maximum accrual is reached, any excess “carryover” must be approved by the City Manager, otherwise, the employee will be paid for the excess leave on each pay date where the maximum accrual amount is exceeded until such time as the leave balance drops below the maximum accrual.
Any unused annual leave time above one-half of the employee’s annual accrual may be subject to buyback in June of each year at the employee’s option. The buyback is based on the number of unused annual leave hours requested for buyback multiplied by the employee’s hourly rate.
Section 10 – Sick Leave: All regular management employees shall no longer accrue annual sick leave at a rate of one day (eight hours) per calendar month as of October 1, 2018. Instead, management employees will receive an additional 60 hours of annual leave which is included in the accrual amounts in Section 9. Any sick leave balances that remain as of October 1, 2018 in an employees’ accrual bank will be frozen and not increased going forward. This balance may be used for actual sick leave or converted to service credit upon retirement with CalPERS in accordance with the City’s contract with CalPERS. Employees may choose whether to utilize annual leave or any remaining sick leave when they are sick until they have depleted their sick leave hours accrued prior to October 1, 2018.
Management employees hired prior to July 1, 2001, shall contribute upon separation any accumulated, unused sick leave up to the IRS annual limit into a 401(a) plan implemented by the City, with any funds beyond the IRS annual 401(a) limit contributed to a 457(b) plan implemented by the City. Any accumulated sick time remaining beyond the IRS annual limit for the combined plans shall be paid at the cash-out rate of 100%. Employees hired on or after July 1, 2001, shall not be eligible for the payoff of unused sick leave upon separation as set forth above.
Employees hired on or after July 1, 2001 shall not be eligible for the payoff of unused sick leave upon separation as set forth above.
Section 11 – Personal Necessity Leave: All regular management employees participating in a 9/80 Plan shall not be granted personal necessity leave. All regular management employees not participating in a 9/80 Plan shall be granted personal necessity leave not to exceed five (5) days per fiscal year. Personal necessity leave shall be used for emergency or unforeseen necessities only. Personal necessity leave shall be deducted from accumulated sick leave so long as the employee has a balance of available sick leave hours accrued prior to October 1, 2018. Otherwise, personal necessity leave shall be deducted from accumulated annual leave.
Section 12 – Industrial Sick Leave: Whenever any management employee is absent on account of injuries arising out of and in the course of his or her employment, such employee shall receive full compensation during the first three (3) days of such absence.
Thereafter compensation shall be paid in accordance with and under the provisions of the Workers' Compensation Insurance and Safety Act of the State of California. The CITY
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shall, in addition thereto, compensate for any such employee who is still absent from duty after the third day, an amount equal to the difference between the amount said employee receives from the Workers' Compensation Insurance Fund and the amount of his or her regular compensation. The employee is justly entitled to receive the maximum allowance as provided herein. This additional compensation shall be for a maximum period of one-hundred eighty (180) calendar days. The one-hundred eighty (180) calendar day period need not be consecutive if the employee's absence is directly traceable to a single accident.
Section 13 – Subpoenaed Absence: A regular management employee who is called to answer a subpoena as a witness for court appearances during the employee's work hours shall be compensated at his or her regular rate of pay for all hours of absence from work due to answering the subpoena on CITY business provided the employee shows proof of such subpoena and deposits witness fees received for such hours, exclusive of mileage, with the City Treasurer. Fees for answering a subpoena as a witness during hours other than regularly scheduled working hours may be retained by the employee.
Section 14 – Jury Duty: An employee summoned to and serving on jury duty shall inform the City Manager and may be absent from duty with full pay. Except for travel expense, the employee shall receive the difference between his full regular pay and the pay received for jury duty.
Section 15 – Leave of Absence Without Pay: The City Manager may grant a management employee leave of absence without pay for a period not to exceed three months. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request, and the approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of the employee on leave to report promptly at the expiration of the leave shall be cause for discharge. Failure of the employee to report for work more than five consecutive days after his or her leave of absence has ended shall constitute an automatic resignation by the employee as of the date on which the employee was due to return to work.
Section 16 – Military Leave of Absence: All management employees are entitled to military leave of absence. An employee who has been in the service of the Armed Services of the United States (Army, Navy, Marine Corps or Air Force) for active reserve duty, shall be allowed a paid leave of absence for a period not to exceed thirty (30) days in any calendar year, provided that the period of active reserve duty does not exceed one hundred eighty (180) calendar days. An employee required to perform active duty with such organizations for a period in excess of that for which compensation may be paid hereunder may be granted a leave of absence without pay. CITY service shall not be deemed to be interrupted by such absence. An employee's employment status, with reference to promotion or continuance in office, employment, reappointment to office or re-employment, shall not be prejudiced directly or indirectly by reason of any absence from duty on account of actual service in the military forces of the United States.
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Section 17 – Catastrophic Leave: All management employees may receive catastrophic leave donations from other employees (on a voluntary basis) if the employee has a catastrophic medical condition which will require the employee to be on unpaid leave for at least one month. Provided the employee has exhausted all accrued sick leave and annual leave, a written request for donations shall be submitted to the City Manager. The request must be accompanied by a medical statement from the employee's attending physician who verifies the employee's need for an extended medical leave and must include a brief statement of the nature of the illness or injury and an estimated time the employee will be unable to work. Employees who receive donations under this procedure and who exhausted all donated sick leave or annual leave may request an additional donation period subject to the aforestated provisions.
Section 18 – Bereavement Leave: Upon request, regular management employees shall receive necessary time off with pay, not to exceed five (5) days in any one (1) instance, to attend to a member of their immediate family who has become critically ill to the point where death is imminent, or to arrange for or attend a funeral of a member of their immediate family. For purposes of this section, immediate family shall mean father, father-in-law, mother, mother-in-law, step-parent, brother, sister, wife, husband, child, grandparent, grandchild, or legal guardian or person that has dependency upon the employee.
Section 19 – Administrative Leave: All management employees are entitled to administrative leave up to 100 hours per fiscal year. Administrative leave is subject to approval by the City Manager. Unused administrative leave cannot be carried over to the next fiscal year nor can it be bought back.
Section 20 – Holidays: The CITY shall recognize the following days as paid holidays for all employees with annual holiday schedules published prior to the start of the calendar year:
New Years Day
Martin Luther King’s Birthday
Lincoln's Birthday (1)
President’s Day
Memorial Day
Independence Day
Labor Day
Veterans Day
Thanksgiving
Day after Thanksgiving
Christmas Eve
Christmas
New Year’s Eve
(1) Lincoln's Birthday has been changed to the employee's birthday, which may be used at any time during the fiscal year.
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(2) Any scheduled holiday falls that on a Saturday will be recognized on Friday, the day before. If that Friday happens to be a scheduled day off, the holiday hours will be converted to floater hours and may be taken at any time during the fiscal year. (3) Any scheduled holiday that falls on a Sunday will be recognized on Monday, the day after. If that Monday happens to also be a scheduled day off, the holiday hours will be converted to floater hours and may be taken at any time during the fiscal year.
Section 21 – Miscellaneous Provisions:
Automobile Allowance/Use Reimbursement. The City Manager may authorize automobile allowance to management employees ranging from zero (0) to five-hundred (500) dollars per month (as of October 2016) as deemed appropriate. Management employees not receiving an automobile allowance may claim automobile reimbursement for the use of his/her own private automobile in the course of his/her CITY employment or on CITY business. Such use of a private vehicle shall only be when the CITY vehicle is not available for transportation. Reimbursement at a rate consistent with the Internal Revenue Service standard may be approved for use of private vehicles on CITY business within the CITY or within a radius of sixty (60) miles there from. The City Manager may authorize, annually, increases in the automobile allowance in conjunction with the Consumer Price Index effective July 1st of each year.
Commercial Transportation Allowance.
A. Allowances for use of commercial transportation shall be based upon scheduled airline coach rates in regard to all out-of-town travel on CITY business.
B. The use of private vehicles by employees on CITY business on out-of-town CITY trips, within the State, may be approved by the City Manager. If an employee prefers to use his/her private vehicle, he/she may be reimbursed up to the amount of the cost of commercial transportation only. The Internal Revenue Service standard rate per mile will not apply in cases where the calculated reimbursement amount exceeds the cost of commercial transportation.
C. When air, rail or public transportation is used, expenses necessary for local transportation, such as taxi cab and bus fare, will be allowed whenever such transportation is necessary for the conduct of CITY business after approval by the City Manager.
Out-of-City Travel. Meetings and Convention Expense. If, in the judgment of the City Manager, the estimated expenses of the approved contemplated travel, lodging and other related expenses pertinent to said trip are too high and would create a hardship for the employees to finance initially and the employees do not have City-issued purchasing cards, then the City Manager may authorize an advance payment of the estimated amount to the employee. Upon return of the employee from said trip, he/she shall submit an itemized statement as to his/her actual expenses. Final adjustments shall be made to the favor of the employee or the CITY, whichever the case may be. The cost of lodging
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and meals shall be at a reasonable rate, appropriate to the purpose of the trip, and in compliance with City Policy, as it currently exists or may be amended during the period covered by this Resolution.
Cell Phone Stipend. In lieu of using a City owned cell phone, management employees will receive a monthly stipend as a “frequent user” in accordance with City policy, as it currently exists or may be amended during the period covered by this Resolution.
Section 22 – Exempt Positions: All management employees included in the provisions of this Resolution shall receive no additional compensation for overtime hours worked. The monthly salary shall be considered full compensation for all hours worked, however, administrative leave may be granted when approved by the City Manager for good and sufficient cause.
Under the Federal Labor Standards Act (FLSA), salaried employees (mid-managers and managers) are classified as exempt employees. However, should there be an implementation of furloughs, exempt employees lose their exempt status during a workweek in which the designated furlough hours take place and therefore will be entitled to overtime pay (if over 40 hours) for overtime worked in that week. Subject to the approval of the City Manager and the following provisions, overtime may be prescribed for reasonable periods of time to meet operational needs of the organization. Employees shall be compensated for overtime by the payment at the rate of one-and-one-half (1-1/2) times the employee’s normal rate of pay for all hours over forty (40) worked in a seven (7) day work period and at the rate of two (2) times the employee’s normal rate of pay for Sundays and holidays.
Section 23 – Separation: Persons occupying management positions serve at the will and pleasure of the City Manager and may be discharged form City employment by the City Manager without proof of cause or other justification and without right of appeal or hearing.
As a result of discharge without proof or cause or other justification, a management employee shall be entitled to the following Separation Compensation which shall be made as a lump sum payment:
A. Three (3) months pay at an amount equal to his or her hourly rate on the date of discharge.
B. An amount equal to three (3) months worth of health insurance premiums paid for the management employee to CALPERS plus the equivalent of three (3) months worth of dental/vision insurance premiums.
Discharged management employees shall also be entitled to an additional one (1) month of Separation Compensation for each five (5) full years of service rendered to the City of Yorba Linda regardless of previously held job classification(s). In no event, however, shall Separation Compensation exceed six (6) months.
Management employees must serve one (1) full year prior to being discharged to be eligible
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for Separation Compensation. Any Separation Compensation payment received under this Section 23 shall be the employee’s sole and exclusive remedy for any and all claims for damages related to his/her employment. Employee agrees that as a condition to receiving the Separation Compensation payment, he/she shall execute a letter waiving all claims against the City, its officials and employees.
Section 24 – Avoidance of Inequities: Subject to City Council approval, the City Manager may authorize special adjustment to avoid or eliminate inequities resulting from the strict application of any provisions of this Resolution.
Section 25 – Administrative Regulations: The City Manager is authorized to issue written administrative personnel regulations designed to augment or clarify the provisions of this Resolution.
Section 26 – Nondiscrimination: No person in a management position or applying for one, shall be employed, promoted or discharged, or in any way favored or discriminated against because of political opinions or affiliations or because of race, color, sex, age, ancestry, national origin, handicap or religious belief.
No question posed in any examination, on any application form, or by any appointing power shall be framed so as to attempt to elicit information concerning race, color, sex, age, ancestry, national origin, handicap, political or religious opinions or affiliations of any applicant unless such information is determined by the Personnel Officer to be job related and a requirement for appointment within the guidelines established by the State and Federal Government.
Section 27 – Severability: In the event that any provisions of this Resolution are declared invalid by any court of competent jurisdiction, such decision shall not invalidate the entire Resolution, it being the express understanding of the parties hereto that all other provisions are not declared invalid shall remain in full force and effect.
Section 28 – Existing Conditions of Employment: Except as provided herein, all other existing terms and conditions of employment affecting the management employees shall remain in full force and effect.
Section 29 – Effective Date: Except as otherwise specified to the contrary in this Resolution, all provisions shall be effective as of December 16, 2025, pursuant to Minute Order action of the City Council on December 16, 2025.
Section 30 – Rescind Previous Resolution: Resolution No. 2024-5909 is hereby rescinded in its entirety.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 16th day of December, 2025.
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______________________________
CARLOS RODRIGUEZ, MAYOR
CITY OF YORBA LINDA
ATTEST:
______________________________
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
APPROVED AS TO FORM:
RUTAN & TUCKER LLP
______________________________
CITY ATTORNEY
STATE OF CALIFORNIA )
ss. COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 16th of December 2025, and was carried by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
RESOLUTION NO. 2025-5963
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA, RELATING TO THE TERMS AND
CONDITIONS OF EMPLOYMENT OF MISCELLANEOUS
EMPLOYEES AND AMENDING RESOLUTION 2024-5907
WHEREAS, the City management and employee representatives have met and conferred in good faith the reach an agreement to clarify terms and conditions of employment pursuant to Government Code Section 3500 et seq.; and WHEREAS, the City desires to amend Resolution No. 2024-5907 and adopt Resolution No. 2025-5963; and
WHEREAS, the City desires to approve the negotiated Letter of Understanding with the Miscellaneous Employees of the City of Yorba Linda represented by the Orange County Employees Association, which clarifies and amends language as provided in the Memorandum of Understanding dated July 1, 2024, to June 30, 2027; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yorba Linda as follows:
Section 1. The Memorandum of Understanding as amended by the Letter of Understanding will be the governing document for terms and conditions of employment for Miscellaneous employees represented through the bargaining unit.
Section 2. Except as otherwise specified to the contrary in this Resolution of the Letter of Understanding, all provisions shall be effective as of December 16, 2025, pursuant to Minute Order action of the City Council.
Section 3. Resolution No. 2024-5907 is hereby amended.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Yorba Linda on this 16th day of December, 2025. ______________________________
CARLOS RODRIGUEZ, MAYOR
CITY OF YORBA LINDA
ATTEST:
______________________________
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
APPROVED AS TO FORM:
RUTAN & TUCKER LLP
______________________________
CITY ATTORNEY
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 16th day of December, 2025, and was carried by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
______________________________
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
LETTER OF UNDERSTANDING
between the
THE YORBA LINDA CHAPTER OF THE
ORANGE COUNTY EMPLOYEES ASSOCIATION
and the CITY OF YORBA LINDA
The Yorba Linda Chapter of the Orange County Employees Association (“Association”) and the City of Yorba Linda (“City”), herein referred to collectively as the “Parties,” have met and conferred and reached an agreement regarding Article XI regarding Sick Leave of the Memorandum of Understanding (MOU) between the Association and the City for the term of July 1, 2024, to June 30, 2027. The Parties herein agree to the following terms:
1. Effective upon the Adoption of this Letter of Understanding (LOU) by the City Council of the City of Yorba Linda, Article XI shall be amended to read in its entirety as follows:
All regular, permanent, competitive service employees shall accrue annual sick leave at a rate of one day (eight hours) per calendar month. Part-time, regular, permanent, competitive service employees shall accrue sick leave on a pro-rata basis based on the full-time equivalent level of their position (e.g., 0.75 or 0.50). Employees are eligible to accumulate a maximum of 2,500 hours of sick leave.
Employees hired prior to July 1, 2001, shall contribute upon separation any accumulated, unused sick leave up to the IRS annual limit into a 401(a) plan implemented by the City, with any funds beyond the IRS annual 401(a) limit contributed to a 457(b) plan implemented by the City. Any accumulated sick time remaining beyond the IRS annual limit for the combined plans shall be paid at the cash-out rate of 100%. Employees hired on or after July 1, 2001, shall not be eligible for the payoff of unused sick leave upon separation as set forth above.
All regular employees who elect Miscellaneous Annual Leave under ARTICLE A and all regular employees who are hired on or after April 1, 2025, shall no longer accrue annual sick leave at a rate of one day (eight hours) per calendar month as of April 1, 2025. Any sick leave balances that remain as of April 1, 2025, in an electing employee’s accrual bank will be frozen and not increased going forward. This balance may be used for actual sick leave, paid upon separation in accordance with this Article, or converted to service credit upon retirement with CalPERS in accordance with the City’s contract with CalPERS. Employees may choose whether to utilize annual leave or any remaining sick leave when they are sick or use personal necessity leave until they have depleted their sick leave hours.
2. The amended language in this LOU will be included in successor MOUs between the Association and City unless otherwise amended or modified in future negotiations between the Parties.
3. All other provisions of the MOU shall remain unchanged by this LOU.
ADMINISTRATION DEPARTMENT
DATE: DECEMBER 16, 2025
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: DAVID ALBAUGH, ADMINISTRATIVE SERVICES DIRECTOR
SUBJECT: REVISIONS TO PERSONNEL POLICIES AND PROCEDURES MANUAL
RECOMMENDATION
It is recommended that the City Council: 1.) Adopt Resolution No. 2025-5964 revising the Personnel Policies and Procedures Manual; and 2.) Repeal Resolution No. 2024-5922.
DISCUSSION
The City Council adopted the City’s Personnel Policies and Procedures Manual in 2020 (Resolution No. 2020-5677). Subsequently, the manual has been annually amended to comply with state law, agreements with employee associations, and other changes to policies and procedures affecting employees. Resolution 2025-5964 is recommended to update the Personnel Policies and Procedures Manual to reflect changes to state law that go into effect on January 1, 2026, and for de minimis cleanup of existing provisions, including:
Clarify definitions of prohibited discrimination and harassment Prohibiting “stay or pay” contract arrangements
Formatting and grammatical changes
FISCAL IMPACT
None.
ATTACHMENTS
1. Resolution No. 2024-5922
2. Resolution No. 2025-5964
3. Redline of Proposed Changes
RESOLUTION NO. 2024- 5922
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA ADOPTING THE CITY'S PERSONNEL
POLICIES AND PROCEDURES MANUAL AND
REPEALING RESOLUTION NO. 2023-5869
WHEREAS, The City Council of the City of Yorba Linda is authorized and directed under the provisions of Chapter 2. 40 of the Yorba Linda Municipal Code to adopt rules and regulations for the personnel system created in said chapter; and WHEREAS, the objectives of these rules are to facilitate the efficient and economic provision of services to the public and to provide a fair and equitable system of personnel management in the municipal govemment; and
WHEREAS, these rules and regulations set forth in detail those policies and procedures that ensu e similar treatment for those who compete for original employment and promotion, and define the rights, privileges, benefits, and prohibitions that are placed upon all employees in the Competitive Service of the City; and WHEREAS, all rules shall be in conformance with and subject to the provisions of State and Federal law; and
WHEREAS, at the same time, within the limits of administrative feasibility, recognition shall be given to the fact that individuals differ, that no finro individuals react alike to reward or discipline or to motivations and encouragement, and for this reason, considerable latitude shall be given to the Personnel Officer in the interpretation of these rules.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yorba Linda pursuant to Chapter 2.40 of the Yorba Linda Municipal Code, does hereby adopt the revised Personnel Policies and Procedures Manual of the City of Yorba Linda.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Yorba Linda, on the 3rd day of December, 2024.
AYOR
CITY OF YORBA LINDA
ATTEST:
7 y -' C( Q L OLt----
MARCIA BROWN, CITY CLERK i
CITY OF YORBA LINDA
RESOLUTION NO. 2024-5922
PAGE NO. 2
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
CITY A O Y
COUNTY OF ORANGE )
ss
STATE OF CALIFORNIA )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, Califomia, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 3rd day of December, 2024, and was carried by the following roll call vote:
AYES: COUNCILMEMBERS: Campbell, Huang, Lim, Rodriguez, Singh NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
f `, C.' i C_. i Cc - t`_i -
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
RESOLUTION NO. 2025-5964
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
YORBA LINDA ADOPTING THE CITY’S PERSONNEL
POLICIES AND PROCEDURES MANUAL AND
REPEALING RESOLUTION NO. 2024-5922
WHEREAS, The City Council of the City of Yorba Linda is authorized and directed under the provisions of Chapter 2.40 of the Yorba Linda Municipal Code to adopt rules and regulations for the personnel system created in said chapter; and WHEREAS, the objectives of these rules are to facilitate the efficient and economic provision of services to the public and to provide a fair and equitable system of personnel management in the municipal government; and
WHEREAS, these rules and regulations set forth in detail those policies and procedures that ensure similar treatment for those who compete for original employment and promotion, and define the rights, privileges, benefits, and prohibitions that are placed upon all employees in the Competitive Service of the City; and WHEREAS, all rules shall be in conformance with and subject to the provisions of State and Federal law; and
WHEREAS, at the same time, within the limits of administrative feasibility, recognition shall be given to the fact that individuals differ, that no two individuals react alike to reward or discipline or to motivations and encouragement, and for this reason, considerable latitude shall be given to the Personnel Officer in the interpretation of these rules.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Yorba Linda pursuant to Chapter 2.40 of the Yorba Linda Municipal Code, does hereby adopt the revised Personnel Policies and Procedures Manual of the City of Yorba Linda.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Yorba Linda, on the 16th day of December, 2025.
CARLOS RODRIGUEZ, MAYOR
CITY OF YORBA LINDA
ATTEST:
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
RESOLUTION NO. 2025-5964
PAGE NO. 2
APPROVED AS TO FORM:
RUTAN & TUCKER, LLP
CITY ATTORNEY
COUNTY OF ORANGE )
ss
STATE OF CALIFORNIA )
I, MARCIA BROWN, City Clerk of the City of Yorba Linda, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Yorba Linda held on the 16th of December, 2025, and was carried by the following roll call vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
MARCIA BROWN, CITY CLERK
CITY OF YORBA LINDA
Personnel Policies and
Procedures Manual
Effective January 1, 20252026
Adopted by Resolution No. 2024-5922
Personnel Policies and Procedures Manual | 2
PERSONNEL POLICIES AND PROCEDURES MANUAL INTRODUCTION ............................................. 7 SECTION 1 - INTRODUCTION.................................................................................................. 7 SECTION 2 – PURPOSE .......................................................................................................... 7 SECTION 3 – MANAGEMENT RIGHTS..................................................................................... 8 SECTION 4 – DEFINITIONS ................................................................................................... 10 CHAPTER 1 – ORGANIZATION AND BUSINESS PRACTICES............................................................1314 SECTION 1 – PERSONNEL OFFICER – POWERS & DUTIES ........................................... 1314 SECTION 2 – EMPLOYEE ASSOCIATIONS ....................................................................... 1415 SECTION 3 – ASSOCIATION MEETINGS – MISCELLANEOUS SERVICE......................... 1415 SECTION 4 – EQUAL EMPLOYMENT OPPORTUNITY/DISCRIMINATION FREE WORKPLACE...................................................................................................................... 1415 SECTION 5 – UNLAWFUL DISCRIMINATION AND HARASSMENT ................................... 1516 SECTION 6 – WHISTLEBLOWER PROTECTION ............................................................... 1819 SECTION 7 – COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) ........... 2021 SECTION 8 – REASONABLE ACCOMMODATION ............................................................. 2021 SECTION 9 – INFORMATION SECURITY AND CONFIDENTIALITY .................................. 2122 SECTION 10 – PERSONNEL RECORDS............................................................................ 2122 SECTION 11 – EMPLOYEE’S HOME ADDRESS AND STATUS OF DRIVER’S LICENSE – DUTY TO UPDATE ............................................................................................................. 2425 SECTION 12 – OUTSIDE EMPLOYMENT/CONFLICT OF INTEREST ................................ 2425 SECTION 13 – USE OF CAMERAS AND VIDEO SURVEILLANCE..................................... 2627 SECTION 14 – USE OF CITY SEAL OR CITY DEPARTMENT EMBLEMS.......................... 2627 SECTION 15 – PUBLIC INFORMATION AND NEWS & MEDIA RELATIONS...................... 2627 SECTION 16 – COMMUNICATIONS WITHIN THE WORK PLACE...................................... 2728 SECTION 17 – NEPOTISM AND CONFLICTING RELATIONSHIPS.................................... 2728 SECTION 18 – TELECOMMUTING..................................................................................... 2930 CHAPTER 2 – EMPLOYMENT ..............................................................................................................3031 SECTION 1 – EMPLOYMENT ............................................................................................. 3031 SECTION 2 – APPOINTING AUTHORITY/APPOINTMENT ................................................ 3031 SECTION 3 - RECRUITMENT PROCESS ........................................................................... 3031 SECTION 4 – EMPLOYMENT LISTS................................................................................... 3132 SECTION 5 – REFERENCE CHECKS................................................................................ 3233 SECTION 6 – CANDIDATE NOTIFICATION ........................................................................ 3334 SECTION 7 – CRIMINAL BACKGROUND CHECKS............................................................ 3334 SECTION 8 – HEALTH SCREENING .................................................................................. 3435 SECTION 9 – EMPLOYMENT AGREEMENT ...................................................................... 3637 SECTION 10 – PROBATION ............................................................................................... 3637 SECTION 11 – PROMOTION .............................................................................................. 3738 SECTION 12 – TRANSFERS OR REASSIGNMENTS ......................................................... 3839 CHAPTER 3 – PERFORMANCE EVALUATION, EMPLOYEE DEVELOPMENT AND RECOGNITION.3940 SECTION 1 - PERFORMANCE EVALUATION ................................................................... 3940 SECTION 2 - TRAINING OF EMPLOYEES/TUITION REIMBURSEMENT ........................... 4142 SECTION 3 – TRAVEL AND MISCELLANEOUS EXPENSES ............................................. 4344 SECTION 4 – EMPLOYEE RECOGNITION......................................................................... 4344
TABLE OF CONTENTS
Personnel Policies and Procedures Manual | 3
CHAPTER 4 – CLASSIFICATION..........................................................................................................4546 SECTION 1 – CLASSIFICATION PLAN ............................................................................... 4546 SECTION 2 – AUTHORIZED POSITIONS ........................................................................... 4546 SECTION 3 – NON-CITY FUNDED EMPLOYEES............................................................... 4748 SECTION 4 – NEW POSITIONS.......................................................................................... 4748 SECTION 5 – ELIMINATION OF POSITIONS...................................................................... 4849 SECTION 6 – RECLASSIFICATION.................................................................................... 4849 SECTION 7 – FLEX CLASSIFICATIONS............................................................................. 4950 CHAPTER 5 – COMPENSATION...........................................................................................................5051 SECTION 1 – COMPENSATION PLAN................................................................................ 5051 SECTION 2 – OVERTIME/COMPENSATORY TIME COMPENSATION .............................. 5455 SECTION 3 – EXEMPT POSITIONS.................................................................................... 5556 SECTION 4 – BI-LINGUAL PAY........................................................................................... 5657 SECTION 5 – CLASS “B” DRIVER’S LICENSE COMPENSATION ...................................... 5758 SECTION 6 – STANDBY PAY.............................................................................................. 5859 SECTION 7 – AUTOMOBILE ALLOWANCE/USE REIMBURSEMENT ................................ 6061 SECTION 8 – AVOIDANCE OF INEQUITIES....................................................................... 6061 SECTION 9 – SAFETY BOOT AND UNIFORM ALLOWANCE............................................. 6061 SECTION 10 – PAYROLL PROCESSING............................................................................ 6162 CHAPTER 6 – EMPLOYEE BENEFITS .................................................................................................6364 SECTION 1 – HEALTH INSURANCE BENEFITS/CAFETERIA PLAN.................................. 6364 SECTION 2 – LIFE INSURANCE......................................................................................... 6667 SECTION 3 – DISABILITY INSURANCE.............................................................................. 6667 SECTION 4 – SECTION 125 PLAN/FLEXIBLE SPENDING ACCOUNT .............................. 6667 SECTION 5 – EMPLOYEE ASSISTANCE PROGRAM (EAP).............................................. 6768 SECTION 6 – EMPLOYEES’ RETIREMENT SYSTEM ........................................................ 6768 SECTION 7 – DEFERRED COMPENSATION ..................................................................... 6768 SECTION 8 – LIMITED SERVICE (TEMPORARY/SEASONAL) EMPLOYEES.................... 6869 SECTION 9 – EMPLOYEE COMPUTER PURCHASE PROGRAM ...................................... 6869 SECTION 11 – EMPLOYEE PARKING................................................................................ 7174 CHAPTER 7 – TIME AT AND AWAY FROM WORK...............................................................................7275 SECTION 1 – ATTENDANCE AND PUNCTUALITY............................................................. 7275 SECTION 2 – WORKWEEK AND SCHEDULES.................................................................. 7275 SECTION 3 – REST AND MEAL PERIODS – NON-EXEMPT EMPLOYEES....................... 7578 SECTION 4 – HOLIDAYS/FLOATING HOLIDAYS............................................................... 7679 SECTION 5 – CITY HALL/FACILITY CLOSURES................................................................ 7780 SECTION 6 – VACATION LEAVE AND MANAGEMENT ANNUAL LEAVE.......................... 7881 SECTION 7 – SICK LEAVE.................................................................................................. 7982 SECTION 8 – PERSONAL NECESSITY LEAVE.................................................................. 8184 SECTION 9 – GENERAL INFORMATION ON LEAVES OF ABSENCE................................ 8184 SECTION 10 – FAMILY CARE LEAVE (FMLA/CFRA).......................................................... 8285 SECTION 11 – PREGNANCY DISABILITY LEAVE (PDL)................................................... 8487 SECTION 12 – BABY-BONDING LEAVE............................................................................. 8689 SECTION 13 – LACTATION ACCOMMODATION................................................................ 8689 SECTION 14 – CIVIL AIR PATROL LEAVE ......................................................................... 8790 SECTION 15 – CRIME VICTIMS’ LEAVE............................................................................. 8790 SECTION 16 – VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT LEAVE........ 8790 SECTION 18 – MILITARY FAMILY LEAVE .......................................................................... 8791
Personnel Policies and Procedures Manual | 4
SECTION 19 – MILITARY SERVICE LEAVE (USERRA) ..................................................... 8891 SECTION 20 – ORGAN AND BONE MARROW DONATION LEAVE ................................... 9295 SECTION 21 – SCHOOL ACTIVITIES/SCHOOL APPEARANCE LEAVE ............................ 9296 SECTION 22 – VOLUNTEER FIREFIGHTERS, PEACE OFFICERS, AND EMERGENCY PERSONNEL LEAVE .......................................................................................................... 9396 SECTION 23 – VOTING LEAVE .......................................................................................... 9396 SECTION 24 – LEAVE OF ABSENCE WITHOUT PAY........................................................ 9396 SECTION 25 – UNAUTHORIZED LEAVE............................................................................ 9497 SECTION 26 – WITNESS APPEARANCE LEAVE............................................................... 9497 SECTION 27 – JURY DUTY LEAVE.................................................................................... 9497 SECTION 28 – PAID ADMINISTRATIVE LEAVE ................................................................. 9598 SECTION 29 – BEREAVEMENT LEAVE ............................................................................. 9598 SECTION 30 – CATASTROPHIC LEAVE DONATION ......................................................... 9699 SECTION 31 – WORKERS’ COMPENSATION LEAVE...................................................... 97100 CHAPTER 8 – EMPLOYEE CONDUCT ...............................................................................................98102 SECTION 1 – EMPLOYEE RESPONSIBILITIES AND PROFESSIONAL CONDUCT ........ 98102 SECTION 2 – PERSONAL APPEARANCE, GROOMING AND DRESS CODE.................. 98102 SECTION 3 – ID CARDS ................................................................................................. 101105 SECTION 4 – POLITICAL ACTIVITIES OF PUBLIC EMPLOYEES.................................. 102106 SECTION 5 – USE OF CELL PHONES WHILE ON-DUTY .............................................. 102106 SECTION 6 – USE OF CITY PHONES ............................................................................ 102106 SECTION 7 – USE OF CITY EQUIPMENT ...................................................................... 103107 SECTION 8 – USE OF ELECTRONIC MAIL (EMAIL) ...................................................... 103107 SECTION 9 – ELECTRONIC MEDIA ............................................................................... 103107 SECTION 10 – ACCEPTANCE OF MONEY, GIFTS, OR TICKETS................................. 103107 SECTION 11 – NO SMOKING POLICY ........................................................................... 104108 SECTION 12 – ARREST AND CONVICTIONS ................................................................ 104108 CHAPTER 9 – CORRECTIVE ACTION, DISCIPLINARY PROCEDURES AND GRIEVANCE PROCEDURES ..................................................................................................................................105109 SECTION 1 – GENERAL POLICY ................................................................................... 105109 SECTION 2 – GROUNDS FOR DISCIPLINARY ACTION ................................................ 106110 SECTION 3 – TYPES OF DISCIPLINARY ACTIONS....................................................... 109113 SECTION 4 – PROCEDURES GOVERNING SUSPENSION, DISCIPLINARY REDUCTION IN PAY, DISCIPLINARY DEMOTION AND TERMINATION............................................. 110114 SECTION 5 – PROCEDURES GOVERNING NAME CLEARING HEARINGS.................. 114118 SECTION 6 – PLACEMENT ON PAID ADMINISTRATIVE LEAVE PENDING DETERMINATION OF DISCIPLINARY ACTION ............................................................. 115118 SECTION 7 – DISCIPLINARY RECORDS....................................................................... 115119 SECTION 8 – GRIEVANCE PROCEDURE...................................................................... 115119 CHAPTER 10 – EMPLOYEE SAFETY...............................................................................................117121 SECTION 1 – DRUG AND ALCOHOL- FREE WORKPLACE........................................... 117121 SECTION 2 – GENERAL SAFETY................................................................................... 121125 SECTION 3 – SAFETY RULES........................................................................................ 122126 SECTION 4 – EMPLOYEE PARTICIPATION IN MAKING SAFETY A HIGH PRIORITY .. 124128 SECTION 5 – SAFETY COMMITTEE .............................................................................. 126130 SECTION 6 – WEAPONS................................................................................................ 126130 SECTION 7 – EQUIPMENT USE AND CARE.................................................................. 127131 SECTION 8 – SAFE USE OF PESTICIDES BY EMPLOYEES......................................... 127131
Personnel Policies and Procedures Manual | 5
SECTION 9 – SECURITY ................................................................................................ 128132 SECTION 10 – PARKING AREAS................................................................................... 129133 SECTION 11 – REPORTING OF INJURY AND ACCIDENTS .......................................... 129133 SECTION 12 – EMERGENCIES...................................................................................... 130134 SECTION 13 – VEHICLE USAGE.................................................................................... 131136 SECTION 14 – ANTI-VIOLENCE POLICY ....................................................................... 136140 CHAPTER 11 – SEPARATION FROM EMPLOYMENT......................................................................141145 SECTION 1 – RESIGNATION.......................................................................................... 141145 SECTION 2 – EXIT INTERVIEW...................................................................................... 141145 SECTION 3 – LAYOFF/REDUCTION IN FORCE/RECALL .............................................. 141145 SECTION 4 – ABANDONMENT OF EMPLOYMENT ....................................................... 144148 SECTION 5 – RETIREMENT OR END OF SERVICE RECOGNITION............................. 144148 SECTION 6 – TERMINATION OF AT-WILL MANAGEMENT EMPLOYEES..................... 145149 APPENDIX A - FORMS......................................................................................................................146150
Personnel Policies and Procedures Manual | 6
Each employee shall verify that he/she has been given a copy of this manual. The acknowledgement shall be dated and signed by the employee and the original maintained in the employee’s personnel file.
ACKNOWLEDGEMENT OF RECEIPT
I have been given a copy of the City of Yorba Linda’s Personnel Policies and Procedures Manual.
This Manual applies to all City employees and others as indicated.
I understand that it is my responsibility to read the Manual.
I further understand that the Manual contains important information governing my employment with the City of Yorba Linda, including regulations and obligations expected of me as a City employee. Furthermore, I understand that I am obligated under the California Constitution to be declared a Disaster Service Worker, as outlined in Government Code 3102.
I understand that my failure to comply with these policies may result in disciplinary action, up to and including termination. If I have questions concerning these policies, I will bring them to the attention of my supervisor, manager, department head, Human Resources Manager, or City Manager.
I understand that because it is not possible to anticipate every situation that may arise in the workplace and because laws and programs change, the City reserves the right to modify, supplement, rescind, or revise any provisions of this Manual (other than the employment-at-will provisions and provisions compelled by law), at any time as it deems necessary or appropriate in its sole discretion, without a written revision of this Manual.
I understand that nothing in this Manual is intended to create a contract of employment with the City, or to create an expectation of continued employment for any specified term.
I understand that the original of this acknowledgment of receipt will be placed in my personnel file.
Dated:
Employee’s Name
Employee’s Signature
ACKNOWLEDGEMENT OF RECEIPT OF PERSONNEL POLICIES AND PROCEDURES MANUAL
Personnel Policies and Procedures Manual | 7
SECTION 1 - INTRODUCTION
This Personnel Policies & Procedures Manual (“Manual”) applies to all employees of the City. The provisions of this Manual shall not apply to any of the offices or positions listed below:
1. Elected Officials;
2. Members of boards, commissions, and committees appointed by the City Council;
3. Persons engaged under contract to supply expert, professional, technical, or other services;
4. Volunteer personnel;
5. The contract City Attorney and all persons working under the City Attorney; and
6. All positions held, occupied, or performed by employees of other government agencies under contract with the City to provide certain services.
This Manual contains Employment Policies of the City of Yorba Linda. Each City employee or the employees’ recognized Employee Association is responsible for knowing and understanding its contents. In addition, each City employee is responsible for knowing, understanding, and adhering to any specific departmental policies, as well as applicable City Council and/or Administrative Policies of the City.
New laws that come into existence will require periodic revisions to this Manual. The City will make efforts to provide each City employee with notification of any change; however, each employee is responsible for consulting the most recent edition of this Manual. Any new changes in law enacted, but not expressly documented in the most recent edition of this Manual, shall supersede this Manual, and the City shall comply with all new regulations. Additionally, when this Manual is in conflict with the City’s Memoranda of Understanding (MOUs) with a recognized Employee Association, the language in the MOUs shall supersede contradictory language in this Manual. While it is not possible to anticipate every situation that may arise in the workplace and because laws and programs change, the City reserves the right to modify, supplement, rescind, or revise any provisions of this Manual (other than the employment at-will provisions and provisions compelled by law), subject to the meet and confer requirements on matters within the scope of representation, at any time as it deems necessary or appropriate in its sole discretion, without a written revision of this Manual. No provision of this Manual shall nullify the City’s obligations under Government Code Section 3500 et seq. (“MMBA”) to its employees or their recognized Employee Associations.
SECTION 2 – PURPOSE
It is the purpose of this Manual to communicate the various personnel policies, principles, rules, practices, and procedures that govern employment with the City of Yorba Linda and to put into practice the personnel and Human Resources provisions previously contained in the City’s Administrative Policies, City Employee Handbook, City Municipal Code, and City Council Resolutions addressing personnel policy, now incorporated within this Manual.
PERSONNEL POLICIES AND PROCEDURES MANUAL
INTRODUCTION
Personnel Policies and Procedures Manual | 8
Every effort has been made to align this Manual with the most current MOUs, between the City and recognized employee organizations and Resolutions for Management, Mid-Management, and Miscellaneous employee service groups. If there is any conflict between these practices and procedures and any MOU or Resolution authorizing pay and benefits, the provisions contained in the MOU or Resolution authorizing pay and benefits shall take precedence. In addition, nothing in these practices shall be deemed to supersede applicable state or federal law.
These provisions are enacted by the City in order to further the following goals:
1. To provide an equitable and uniform system of personnel administration.
2. To ensure that recruitment, selection, placement, promotion, retention, and separation of employees are based on qualifications and fitness and are in compliance with federal and state laws.
3. To assist supervisors and managers in the development of sound management practices and procedures.
4. To promote communication among directors, managers, supervisors, and employees.
5. To ensure, protect, and clarify the rights and responsibilities of City employees.
6. To promote fairness and consistency in the handling of employee issues by providing employees, supervisors, and management with guidance and procedures.
As authorized by the City Council and Chapter 2.4 – Personnel – of the City of Yorba Linda Municipal Code, the City Manager has adopted the practices and procedures in this Manual. The City Manager will periodically review and approve all additions, amendments, and revisions to the practices and procedures contained herein. As needed, the City specifically reserves the right to repeal, modify, or amend this document at any time, with or without notice, to conform to statutes and other documents to improve the quality of this Manual, subject to the meet and confer obligations of the MMBA with recognized Employee Associations on matters within the scope of representation. Any revisions to this Manual will be approved by resolution of the City Council. Amendments and revisions of these rules may be suggested by any interested party and submitted to the City Council for consideration through the City Manager.
All employees are expected to abide by these rules as required for continued employment with the City.
Violation of these rules, or any department rules pursuant to these rules shall constitute grounds for rejection, reprimand, suspension, demotion, reduction in pay, or disciplinary action up to and including termination.
SECTION 3 – MANAGEMENT RIGHTS
The City retains, whether exercised or not, solely and exclusively, all express and inherent rights and authorities with respect to determining the level of, and the manner in which, the City’s activities are conducted, managed and administered. These management rights include, but are not limited to the following:
Personnel Policies and Procedures Manual | 9
1. The right to determine and modify the organization of City government and its constituent work units;
2. The right to determine the nature, standards, levels, and mode of delivery of services to be offered to the public;
3. The right to determine the methods, means, and the number and kinds of personnel by which services are to be provided;
4. The right to determine whether goods or services shall be made or provided by the City, or shall be purchased, or contracted for;
5. The right to direct the work force, including the right to hire, promote, demote, or transfer an employee;
6. The right to direct employees, including scheduling and assigning work, work hours, and overtime;
7. The right to discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to the requirements of applicable law and subject to the procedures set forth in these rules;
8. The right to determine assignments and to establish methods and processes by which assignments are performed;
9. The right to transfer employees within departments and to positions outside a department in a manner most advantageous to the City;
10. The right to determine and change, at its sole discretion, the number of locations, relocations and types of operation and the processes and materials to be employed;
11. The right to evaluate employees, and to establish employee performance standards and to require compliance therewith;
12. The decision to relieve employees from duty because of lack of work, lack of funds, or for other legitimate reasons as defined in Chapter 11, Section 3;
13. The right to implement rules, regulations, and directives consistent with the law;
14. The right to take necessary action to protect the public and carry out its mission in emergencies;
15. The right to determine the content of job classifications and to determine salary ranges for new job classifications prior to appointment of any persons to fill such classifications;
16. The right to contract/subcontract work to outside public or private entities;
17. The right to determine the compensation and benefits that will be paid or provided to employees;
Personnel Policies and Procedures Manual | 10
18. The right to make employment decisions;
19. The right and responsibility of final decisions regarding wages, hours, and other terms and conditions of employment. Such right and responsibility shall be within the exclusive discretion of the City Council; and
20. Subject to the requirements of the MMBA, the right to amend or recommend amendments to the City’s Resolution promoting relations and communications between the City of Yorba Linda and its employees.
Decisions under this article shall not be subject to the grievance procedure herein. Failure by the City to exercise and/or implement any rights expressly provided for in its policy documents shall in no way extinguish and/or diminish the City’s right to do so in the future.
SECTION 4 – DEFINITIONS
The following terms are defined and utilized throughout this Manual, which are not intended to be a fully inclusive list. Additional terms are utilized throughout the Manual which shall be interpreted within the context of the Chapter and Section of this Manual in which the term is utilized.
1. Advancement - "Advancement" means a salary increase within the limits of a pay range established for a position.
2. Allocation - "Allocation" means the assignment of a position to its proper class in accordance with the duties performed, and the authority and responsibility exercised.
3. Applicant - "Applicant" means and includes any person who has submitted a completed and signed application for employment with the City.
4. Appointing Power - "Appointing Power" means an employee of the City who, in his or her official capacity, has the final authority to make an appointment to a position.
5. Appointment - "Appointment" means the employment of a person in a position.
6. At-Will Employee – See Chapter 4, Section 2.
7. City - "City" means the City of Yorba Linda.
8. Class - “Class" means a group of all positions sufficiently similar in duties, authority, responsibility and minimum qualifications to permit the application with equity of common standards of selection, transfer, promotion and compensation.
9. Competitive Service - "Competitive Service" means all positions of employment in the service of the City except those at-will positions specifically excluded by policy within this Manual.
10. Confidential Employee – See Chapter 4, Section 2.
Personnel Policies and Procedures Manual | 11
11. Demotion - "Demotion" means the removal of an employee from a presently assigned classification to a lower paying classification. [Note: This definition does not apply to assignment changes, reorganizations, or reductions in force (bumping) even where a pay differential is involved.]
12. Disaster Service Worker – See Chapter 4, Section 2.
13. Discipline - “Discipline” means action taken by the appointing power or his/her designee to reinforce adherence to policies and procedures and correct conduct, behavior and/or performance which fall below acceptable standards, and/or which violate rules, regulations, laws and policies; such action may penalize employees up to and including termination.
14. Eligible - "Eligible" means a person whose name is on an employment or reemployment list.
15. Employee – “Employee" means and includes any person occupying a position in the competitive service, any at-will member of the City’s Management staff, and any parttime staff hired by the City on a temporary basis.
16. Employment List - "Employment List" means and includes the following:
a. “Open Employment List" means a list, in order of final ranking, of the names of all persons who have submitted applications for an open-competitive or continuous recruitment for a position in the competitive service and qualified. b. "Internal Employment List" means a list, in order of final ranking, of the names of all City employees who have submitted applications for internal recruitment for a position in the competitive service and qualified, except that the name of any person who has separated from the competitive service shall be removed from the internal employment list. The name of a laid-off employee shall not be removed from the internal employment list unless his or her name has also been removed from the reemployment list.
c. "Reemployment List" means a list of the names of probationary and permanent employees in a given class who have been laid off.
17. Exempt Employee – See Chapter 4, Section 2.
18. Hearing Officer – “Hearing Officer” means an internal level of management, or City Manager-appointed professional, who can effectively and impartially review and recommend that a proposed disciplinary action be taken or not taken.
19. Job Series – “Job Series” means a series of position classifications that perform similar duties at increasing degrees of complexity (e.g. Accounting Clerk, Accounting Technician, Accountant, and Senior Accountant).
20. Last Working Day - An employee’s “Last Working Day” is the day the employee spends his/her last full scheduled work day physically present at their normal job location rendering the particular service for which they have been employed.
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21. Non-Exempt Employee – See Chapter 4, Section 2.
22. Overtime - "Overtime" means the total number of hours worked in excess of forty (40) hours within a given work period as defined by the City Manager.
23. Personnel Officer – “Personnel Officer” is defined as the City Manager in Chapter
2.40 of the City’s Municipal Code. The City Manager may designate one or more City employees to act on their behalf to implement the City’s various personnel regulations, policies, and procedures. Whenever the term “City Manager” is used in this Manual, those designees are understood to be included.
24. Permanent Employee - See Chapter 4, Section 2.
25. Permanent Part-Time Employee – See Chapter 4, Section 2.
26. Position - "Position" means a work assignment with specific duties, knowledge, skills and other requirements.
27. Probationary Period - "Probationary Period" means a working test period during which an employee is required to demonstrate his or her fitness for the position to which he or she has been appointed or promoted by actual performance of the duties of the position.
28. Promotion - "Promotion" means the movement of an employee from one class to another class having a higher maximum rate of pay.
29. Progressive Discipline – “Progressive Discipline” means the corrective process of applying penalties short of termination, or long-term demotion or suspension, where conduct is of a less serious nature and the employee has not repeatedly engaged in such conduct. The nature of such discipline should be appropriate to the conduct and need not begin with the least serious disciplinary action. Acceptance of the principle of progressive discipline does not limit the City's authority to take appropriate action including termination, demotion, or suspension for serious offenses, which cannot and will not be condoned.
30. Recruitment - "Recruitment" means and includes the following:
a. "Open-Competitive Recruitment" means a recruitment for a particular position which is open to all persons meeting the qualifications for the position. b. "Internal Recruitment" means a recruitment for a particular position, admission to which is limited to permanent and probationary employees in the competitive service who meet the minimum qualifications for the position. c. "Continuous Recruitment" means an open-competitive examination which is administered periodically, as need arises, and as a result of which names are placed on an open employment list.
31. Temporary Part-Time (Seasonal) Employee – See Chapter 4, Section 2.
32. Volunteer – See Chapter 4, Section 2
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SECTION 1 – PERSONNEL OFFICER – POWERS & DUTIES
The City Manager shall be the Personnel Officer. The City Manager may delegate any of the powers and duties conferred upon them as Personnel Officer under these rules to any other employee of the city or may recommend that such powers and duties be performed under contract.
The Personnel Officer, hereinafter referred to as “City Manager” shall:
1. Administer all the provisions of the personnel rules adopted by resolution.
2. Prepare and recommend to the City Council personnel rules and any subsequent revisions and amendments to such rules that may later be considered advisable. The City Attorney shall review and approve such rules and amendments prior to their submission to the City Council.
3. Prepare or cause to be prepared a plan to allocate positions in the competitive service, as well as at-will and temporary positions, to certain classes, and any revisions of the plan that may, from time to time, be deemed appropriate. In the course of preparing or causing to be prepared such a plan, the duties and responsibilities associated with each position in the competitive service shall be ascertained through consultation with appointing powers and department heads and recorded. The plan and any revisions thereto shall become effective upon adoption by resolution of the City Council.
4. Prepare or cause to be prepared a plan of compensation covering all classes of positions in the competitive service, as well as any at-will and temporary positions, and any revisions thereto which may, from time to time, become necessary. In arriving at salary rates or ranges, the City Manager, or anyone designated by him or her to prepare the compensation plan shall consider prevailing rates of pay and working conditions for comparable work in other public or in private employment, current costs of living, suggestions of department heads, the City's financial conditions and policies, and other relevant factors. The plan, and any revisions thereto, shall become effective upon adoption by resolution of the City Council.
5. Provide for the posting of notices of examination for positions in the competitive service, the receiving of applications therefor, the preparation, administration and evaluation of such examinations, and the certification to the appointing power of an employment list composed of the names of all persons eligible for appointment to any position in the competitive service in which there is a vacancy.
6. Maintain a service or personnel record for each employee in the service of the City showing the name, title of position held, the department to which assigned, salary, changes in employment status, special training completed, employee performance evaluations, and such other information as may be considered pertinent.
Every appointment, transfer, promotion, demotion, change of salary, and any other temporary or permanent change in status of employees shall be reported to the City Manager in such manner as he or she may prescribe.
CHAPTER 1 – ORGANIZATION AND BUSINESS PRACTICES
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SECTION 2 – EMPLOYEE ASSOCIATIONS
There are three (3) service designations for Permanent Employees:
1. Miscellaneous Service:
The City has authorized the Orange County Employees Association to represent the Miscellaneous employees, including certain confidential employees. Generally, membership consists of non-management personnel. Refer to the Memorandum of Understanding (MOU) to see a list of classifications that are covered by this designation.
2. Mid-Management Service:
The City has authorized the City Employees Associates to represent Mid- Management employees, including certain confidential employees. Generally, membership consists of division managers. Refer to the Memorandum of Understanding (MOU) for a list of classifications covered by this designation.
3. Management Service:
Employees in the Management service include the Assistant City Manager and Department Heads. Management Service positions are employed in an at-will capacity and are exempt from the competitive service. Refer to the Resolution for Management employees for a list of classifications that are covered by this designation. Though not a member of the Management Service, the City Manager is also employed in an at-will capacity.
Employees are free to make their own choice about joining or not joining an employee organization. Dues for membership may be payroll deducted. The City Manager may provide the names of Association representatives upon request. Temporary part-time employees serve at the pleasure of the City Manager and are not members of an Employee Association.
The City shall not deduct any agency fee from the paycheck of any employee who elects not to join a recognized Employee Association.
SECTION 3 – ASSOCIATION MEETINGS – MISCELLANEOUS SERVICE The president of the Miscellaneous Employee Association, or their designee, shall be granted time during normal business hours not to exceed six (6) hours per fiscal year to conduct Association business.
The Association president, or his/her designee, shall provide an accounting of his or her Association business related hours to the City Manager upon request and shall record such time on his or her timesheet.
SECTION 4 – EQUAL EMPLOYMENT OPPORTUNITY/DISCRIMINATION FREE WORKPLACE The City is an equal opportunity employer and makes employment decisions on the basis of merit. The City wants to have the best available persons in every job. The City’s Unlawful Discrimination and Harassment Policy, described in Section 5 below, prohibits unlawful discrimination.
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SECTION 5 – UNLAWFUL DISCRIMINATION AND HARASSMENT
The City of Yorba Linda maintains a strict policy prohibiting discriminatory harassment in accordance with State and Federal law. This policy applies to all City employees, including management personnel, applicants, interns, volunteers, and persons providing services pursuant to a contract.
5.1 Statement of Policy
It is the policy of the City of Yorba Linda to treat its employees and volunteers with respect and dignity, and to provide a work environment free of unlawful discrimination and harassment. The City therefore prohibits all forms of unlawful harassment in the workplace including sexual, verbal, physical, and visual harassment based on participation in a protected group including race, color, creed, gender (including gender identity and gender expression), religion (all aspects of religious beliefs, observance or practice, including religious dress or grooming practices), marital status, registered domestic partner status, age, national origin (includes language use and possession of a driver's license issued to persons unable to prove their presence in the United States as authorized under federal law), ancestry, physical or mental disability, medical condition (including cancer or a record or history of cancer, and genetic characteristics), sex (including pregnancy, childbirth, breastfeeding or related medical condition), genetic information, sexual orientation, military and veteran status, political beliefs, expressions, or activities, reproductive health decision making, or any other consideration made unlawful by federal, state, or local laws, and political beliefs, expressions, or activities, or the intersectionality or combination of protected characteristics. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics or is associated with a person who has or is perceived as having any of those characteristics, and any other basis protected by federal, state, or local law, ordinance, or regulation (“a protected category”). All such discrimination is prohibited.
Employees can raise concerns, report problems, or make complaints without fear of reprisal of any kind (see Section 5.4 Procedure for Complaint Resolution below). Anyone found to be engaging in any type of unlawful discrimination, harassment, or abusive behavior will be subject to corrective action, up to and including termination.
Management employees, Permanent employees, Permanent Part-Time employees, Temporary PartTime employees, contract employees, or volunteers who permit or engage in such harassment or fail to take appropriate steps to report or investigate such conduct may be subject to prompt and appropriate disciplinary action up to and including termination.
5.2 Sexual Harassment
Sexual harassment is the deliberate or repeated behavior of a sexual nature that is unwelcome. As defined by the Fair Employment and Housing Commission, sexual harassment is unwanted sexual advances, or visual, verbal, or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser.
Sexually harassing conduct is that which can occur between people of the same or different genders.
Conduct in violation of this policy is considered an illegal employment discrimination practice when:
1. Such conduct is made either explicitly or implicitly as a term or condition of an individual’s employment;
2. Submission to, or rejection of, such conduct by an individual is used as the basis for employment decisions affecting an individual;
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3. Such conduct is sufficiently severe or pervasive as to create a discriminatory, hostile, or offensive work environment based on an employee’s race, color, religion, gender, sexual orientation, age, national origin, disability, veteran status, or marital status; or
4. Such conduct is sufficiently severe or pervasive to alter the conditions of employment.
The following is a partial list of conduct that could be considered sexual harassment:
1. Unwanted sexual advances;
2. Offering employment benefits in exchange for sexual favors;
3. Making or threatening reprisals after a negative response to sexual advances;
4. Visual conduct, such as leering, making sexual gestures, displaying of sexually suggesting objects or pictures, cartoons, or posters;
5. Verbal conduct, such as making or using derogatory comments, epithets, slurs, jokes, and suggestions about another employee’s gender or sexuality;
6. Verbal sexual advances or propositions;
7. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, or suggestive or obscene letters, notes, or invitations; or
8. Physical conduct, such as touching, assault, impeding, or blocking movements.
5.3 Bullying and Abusive Conduct
In addition to the foregoing, the City prohibits bullying or abusive conduct by its supervisors, employees, contractors, customers, volunteers, or vendors. The City will not tolerate this behavior, and employees found in violation of this policy will be disciplined up to and including termination.
The City defines bullying as repeated inappropriate behavior, either direct or indirect, whether verbal, physical, or otherwise, conducted by one or more persons against another or others at the place of work and/or in the course of employment. The City considers the following types of behavior as examples of bullying. All such conduct violates City policy:
1. Verbal bullying: Slandering, ridiculing, or maligning a person or his/her family; persistent name callingname-calling that is hurtful, insulting, or humiliating; using a person as the butt of jokes; abusive and offensive remarks.
2. Physical bullying: Pushing, shoving, kicking, poking, tripping, assault, or threat of physical assault; damage to a person’s work area or property.
3. Gesture bullying: Nonverbal threatening gestures or glances that convey threatening messages.
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4. Exclusion: Socially or physically excluding or disregarding a person in work-related activities.
Abusive conduct is defined to mean conduct of an employee in the workplace, with malice, that a reasonable person would find hostile, offensive, and unrelated to an employer’s legitimate business interests. Abusive conduct may include repeated infliction of verbal abuse, such as the use of derogatory remarks, insults, and epithets, verbal or physical conduct that a reasonable person would find threatening, intimidating, or humiliating, or the gratuitous sabotage, interfering interference with, or undermining of a person’s work performance. A single act normally does not constitute abusive conduct, unless especially severe and egregious. Abusive conduct violates City policy.
5.4 Procedure for Complaint Resolution
Any acts of unlawful discrimination, harassment, sexual harassment, abusive conduct, or bullying shall be reported immediately to the employee’s supervisor, manager, department head, Human Resources Manager, or the City Manager. Such complaints will be submitted to the City Manager, who will investigate the complaint or cause an investigation to be conducted in a confidential and timely manner. Any individuals who have knowledge of conduct or information regarding the matter shall be interviewed.
Employees may utilize the Employee Complaint Form included in the Appendix of this manualany avenue or method to file a complaint, and are not required to fill out a form or submit the complaint in writing.
In reaching a decision about the complaint, the investigator may take into account:
1. Statements made by complainant, witnesses, or others who may provide information;
2. Details and consistency of each person’s account;
3. Evidence of how the complainant reacted to the incident;
4. Evidence of past instances of harassment by the accused; and
5. Evidence of past harassment complaints found to be untrue.
The City Manager shall take prompt corrective action to eliminate any unlawful harassing behavior, to address the effects on the person subjected to the harassment, and to prevent any further instances of harassment. This may consist of disciplinary action up to and including termination of employment services, training, or other remedial actions. If no illegal harassment violating City policy is found, no corrective action will be taken.
Each department head, manager, and supervisor are is responsible and legally liable for setting a positive example of appropriate behavior in the work placeworkplace and for ensuring a work environment free of unlawful harassment. Any employee filing an intentionally false claim shall may be subject to disciplinary action.
5.5 Retaliatory Behavior
The City prohibits retaliation against individuals who raise complaints of discrimination, harassment, or retaliation, or who participate in workplace investigations. No retaliatory behavior of any kind shall be
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tolerated, and such behavior in and of itself may result in separate disciplinary action.
SECTION 6 – WHISTLEBLOWER PROTECTION
6.1 Purpose
To encourage employees to report information concerning any allegedly improper governmental action by the City’s employees. To prevent retaliation against any employee who in good faith reports such allegedly improper governmental action. This policy reflects the City’s ongoing effort to support open, ethical, accountable, and transparent local government.
6.2 Background
The City of Yorba Linda is committed to protecting its revenue, property, information, and other assets from any improper action or wrongdoing by members of the public, contractors, sub- contractorssubcontractors, agents, intermediaries or its own employees. This policy implements the California whistleblower protection laws set forth in Government Code section 8547 et seq., Government Code section 9149.20 et seq., Government Code section 53296 et seq., and Labor Code section 1102.5.
6.3 Policy
The City will take all appropriate steps to thoroughly evaluate any allegations of improper governmental action which that are brought to its attention. The City will not take retaliatory action against any employee who, in good faith, has made a complaint or allegations concerning improper governmental action.
6.4 Definitions
1. “Improper governmental action” means any action by a City employee that is undertaken in the performance of the employee’s official duties, whether or not within the scope of the employee’s employment, and that is in violation of any federal, state, or local law, rule, or policy, is an abuse of authority, is of substantial and specific danger to the public health or safety, or is a gross waste of public funds. “Improper governmental action” shall not include any personnel or labor actions.
2. “Retaliatory action” means any adverse change in an employee’s employment status or the terms and conditions of employment including denial of adequate staff to perform duties, frequent staff changes, frequent and undesirable office changes, refusal to assign meaningful work, unwarranted and unsubstantiated letters of reprimand or unsatisfactory performance evaluations, demotion, transfer, reassignment, reduction in pay, denial of promotion, suspension, termination, or any other disciplinary action; or hostile actions by another employee towards the employee that were encouraged by a supervisor or senior manager or official.
6.5 Reporting Alleged Improper Governmental Action
Every City employee has the right to report to the appropriate person (as specified in this policy) information concerning an alleged improper governmental action.
Any City employee who desires to report alleged improper governmental action should first report in writing
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such action to the employee’s immediate supervisor provided the supervisor is not involved in the alleged improper governmental action, stating in detail the basis for the employee’s belief that an improper governmental action has occurred. The written report should be submitted as soon as the employee becomes aware of the improper governmental action.
When the alleged improper governmental action involves the employee’s immediate supervisor, the employee should report in writing such action to the City Manager or Human Resources Manager. If the alleged improper governmental action involves the City Manager, the employee should report in writing such action to the City Attorney or the Mayor.
Except in the case of an emergency, a City employee shall not provide information of an improper governmental action to a person or entity other than specified above. An employee who fails to make a good faith attempt to follow the procedure set forth herein for reporting alleged improper governmental action shall not receive the protections of this policy.
6.6 Investigation of Alleged Improper Governmental Action The City will take all appropriate steps to thoroughly evaluate and investigate any alleged improper governmental action that is brought to its attention. The City will determine when circumstances warrant an investigation and the appropriate investigative process to be followed, in accordance with applicable laws, policies, and regulations.
The City shall keep confidential the identity of the person reporting the alleged improper governmental action to the extent possible within the limitations of the law and the legitimate need to know in order to carry out an investigation, unless the employee authorizes in writing the disclosure of his or her identity.
6.7 Whistleblower Protection
1. Retaliatory Action Forbidden
No City official or employee shall take retaliatory action against a City employee because the employee provided information in good faith in accordance with the provisions of this policy that an improper governmental action occurred.
2. Procedure for Seeking Relief against Retaliatory Action If an employee believes he or she has been subject to retaliatory action in violation of this policy, the employee must provide a written complaint to the employee’s immediate supervisor, provided the supervisor is not involved in the alleged retaliatory action. The complaint must specify the alleged retaliatory action and the relief requested.
If the alleged retaliatory action involves the employee’s immediate supervisor, the employee should report in writing such action to the City Manager or Human Resources Manager. If the alleged retaliatory action involves the City Manager, the employee should report in writing such action to the City Attorney or the Mayor.
The written complaint of alleged retaliatory action must be submitted no later than thirty (30) calendar days after the occurrence of the alleged retaliatory action. The City will then have thirty (30) calendar days to investigate and respond to the complaint and the
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request for relief.
6.8 Bad Faith Allegations
Any individual who knowingly makes a false or bad faith complaint or who knowingly makes a false or misleading statement during an investigation will be subject to disciplinary or legal action. Where the results of the investigation determine that a complaint or allegation was made in bad faith, the City Manager in consultation with the City Attorney, will determine the action that is to be taken with respect to the complainant.
SECTION 7 – COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) It is the policy and practice of the City to comply fully with the Americans with Disabilities Act (ADA) and ensure equal opportunity in employment for all qualified persons with disabilities. The City is committed to ensuring non-discrimination in all terms, conditions and privileges of employment. All employment practices and activities, whether provided or conducted by the City or another entity on the City’s behalf, will be conducted in a non-discriminatory basis.
Pre-employment physical examinations are required only for those positions in which there is a bona fide job-related physical requirement and are given to all persons entering the position only after conditional job offers. Medical records are kept separate and confidential.
Reasonable accommodation is available to all employees and applicants. Work sites will be accessible.
All employment decisions are based on the merits of the situation in accordance with defined criteria not the disability of the individual.
Qualified individuals with disabilities are entitled to equal pay and other forms of compensation (or changes in compensation) as well as job assignments, classifications, organizational structures, position descriptions, lines of progression, and seniority lists. Leave of all types will be available to all employees on an equal basis. In accordance with the ADA, the City prohibits retaliation against anyone bringing to its attention an unlawful practice, participating in an ADA proceeding, or exercising his or her rights under ADA.
The City is committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities in accordance with the ADA and all other applicable federal, state, and local laws.
Any person that may find barriers involving City facilities or equipment, necessary for reasonable accommodations of a disability, may address their concerns or complaint to his/her supervisor or the City Manager. The complaint shall be in writing, if possible, and contain specifics regarding the problems and suggested accommodations to rectify the condition.
SECTION 8 – REASONABLE ACCOMMODATION
The City has a commitment to ensure equal opportunities for disabled applicants and employees. Every reasonable effort will be made to provide an accessible work environment for such employees and applicants. Employment practices (e.g. hiring, training, testing, transfer, promotion, compensation, benefits, and termination) will not discriminate against disabled applicants or employees.
The City will engage in the interactive process, as defined by the ADA and FEHA to determine whether
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an applicant or employee is able to perform the essential functions of his/her position. During this process, the City will examine possible reasonable accommodation(s) that will make it possible for the employee or applicant to perform. Such interactive process will include a meeting(s) with the employee or applicant and his/her representative(s) if any, and the City.
Reasonable accommodation(s) can include, but are not limited to, job restructuring, reassignment to a vacant position for which the employee is qualified, and making facilities accessible. While the City is engaged in the interactive process with an employee, the City may require that the employee provide documentation from their physician that the employee can perform the essential functions of the job with or without reasonable accommodation(s) and/or be placed on leave.
Afterreceipt of reasonable documentation of disability and/or physician documentation, or crime victim notice, the City will arrange for a discussion in person or via telephone conference call with the employee and his/her representative(s), if any. The purpose of the discussion is to work in good faith to fully discuss all feasible potential reasonable accommodation(s).
The City determines in its sole discretion whether reasonable accommodations(s) can be made and the type of accommodation(s) to provide. The City will not provide accommodation(s) that would pose undue hardship upon City finances or operations, or that would endanger the health or safety of the employee or others.
SECTION 9 – INFORMATION SECURITY AND CONFIDENTIALITY
All employees are expected to maintain the confidentiality of City affairs, particularly as they relate to personnel, legal, business development, and other sensitive areas. If an employee is not clear on what is or is not a confidential matter, he/she should contact their direct supervisor, department director, Human Resources Manager, or City Manager as appropriate, for clarification. Maintaining confidentiality of sensitive material and information is the responsibility of every employee, whether or not they are designated as a “confidential” employee in the City’s classification system. The IT Responsible Use Administrative Policy (Appendix B to this Manual), includes important additional information regarding the handling of confidential information as it relates to electronic data housed and/or transmitted on the City’s computer systems and network.
Regardless of how an employee may have learned or become aware of confidential information, even if he or she would otherwise not be privy to it, the employee is responsible for not conveying the information any further. Appropriate disciplinary action will be taken in the event that an employee has violated this policy. The exact nature of the disciplinary action will depend upon the nature and circumstances of the event.
Employees are expected to cooperate in an honest and forthright manner during any investigation conducted by the City Manager. Any breach of confidentiality may result in disciplinary action, up to and including termination.
SECTION 10 – PERSONNEL RECORDS
10.1 Establishment
An employee’s official personnel file will contain all records concerning personnel actions taken, including, but not limited to, employment applications, performance evaluations, written confirmation of
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employment actions (e.g. salary adjustments, reclassifications, promotions), benefit enrollment forms, employee medical records, documents regarding disciplinary actions, educational courses taken, and all employment related documents that give a complete employment history. The City Manager shall keep personnel records confidential to the extent permitted by law. Personnel files may be viewed by the employee upon request. Employee medical information shall be kept in files separate from the official personnel file. Likewise, any grievances filed by an employee as well as documents reflecting a review of such grievances shall be maintained in separate confidential files.
10.2 Maintenance
Employees are required to inform the City Manager as soon as possible of any changes in name, address, telephone number, marital status, family status, beneficiaries, or other information on file. This ensures that State and Federal withholding statements, insurance enrolment information, payroll records, and retirement records are correct. Employees may be liable for any costs incurred by the City as a result of inaccurate personnel information.
10.3 Release of Information Concerning City Personnel
To ensure personnel information is appropriately and accurately disseminated, the City Manager will initially screen all personnel reference checks and employment verifications, and confidentially handle financial inquires originating from banks, credit unions, etc. regarding current and past City employees.
Responses to financial inquiries will be released only upon employee authorization.
10.4 Procedures for Release of Information
All outside inquiries and reference checks shall be forwarded to the City Manager. The City Manager may consult with the City Attorney as to the release of the requested information. The following limited information will be provided with advanced approval from a current or former employee: position title, dates of employment, and current salary or salary upon departure. Department directors and supervisors should not provide information in response to requests for reference checks or verification of employment, unless approved by the City Manager.
Other financial information will be released only after an authorized written request has been submitted to the City Manager by the agency requesting the information and the employee has executed a written approval to release the requested information.
The City Manager shall comply with applicable Federal and State laws regarding release of public employee personnel and financial information and shall consult with the City Attorney whenever there are questions concerning the release of such information.
10.5 Employees with Access to Confidential Personnel Records In performing their duties, employees designated by Management and applicable memoranda of understanding with the City’s employee organizations may have access to confidential information, including employees’ personnel files and the personal, financial, and medical information of other City employees. In addition, some City employees will be involved in some communications with the City Attorney’s Office which can be protected by the Attorney-Client privilege. Employees with such access are required to keep such information confidential.
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10.6 Personnel/Payroll Files – Right to Inspect
California law provides that current and former employees (or a representative) have the right to inspect and receive a copy of the personnel files and records that relate to the employee's performance or records related to any grievance concerning the employee. Inspections shall be allowed at reasonable times and intervals, but not later than thirty (30) calendar days from the date the City receives a written request. Upon a written request from a current or former employee, or a representative, the City shall provide a copy of the personnel records, at a charge not to exceed the actual cost of reproduction, not later than thirty (30) calendar days from the date the City receives the request.
To facilitate the inspection, the City shall:
1. Maintain a copy of each employee's personnel records for a period of not less than three (3) years after termination of employment. The City shall keep records for longer periods of time to the extent that such retention is required by law.
2. Make a current employee's personnel records available for inspection, and if requested by the employee or representative, provide a copy at the place where the employee reports to work, or at another location agreeable to the City and the requester. If the employee is required to inspect or receive a copy at a location other than the place where he or she reports to work, no loss of compensation to the employee is permitted.
3. Make a former employee's personnel records available for inspection, and if requested by the former employee or representative, provide a copy at the location where the employer stores the records, unless the parties mutually agree in writing to a different location.
The City shall take reasonable steps to verify the identity of a current or former employee or an authorized representative. Prior to making records available for inspection or providing a copy of those records, the City may redact the name of any nonsupervisory employee. The right to inspect personnel files and records does not apply to records relating to the investigation of a possible criminal offense, letters of reference, or ratings, reports, or records that (a) were obtained prior to the employee’s employment, (b) were prepared by identifiable examination committee members, or (c) were obtained in connection with a promotional exam.
The City shall permit current and former employees to inspect or copy payroll records pertaining to that current or former employee. Upon receipt of a written or oral request from a current or former employee to inspect or copy his or her payroll records, the City shall comply with the request as soon as practicable, but no later than twenty-one (21) calendar days from the date of the request.
10.7 Medical Information
All medical information about an employee or applicant is kept separate, and is treated as confidential, in accordance with applicable state or federal law. The City will not obtain medical information about an employee or applicant except in compliance with the California Confidentiality of Medical Information Act. To enable the City to obtain certain medical information, the employee or applicant will need to sign an Authorization for Release of Medical Information Form.
Access to employee or applicant medical information shall be strictly limited to only those with legitimate
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need to have such information for City business reasons, or if access is required by law, subpoena, or court order. In case of an employee with a disability, managers and supervisors may be informed regarding necessary restrictions on the work or duties of the employee and necessary accommodations.
The City will not provide employee or applicant medical information to a third party unless the employee signs an authorization for release of his/her medical information. The City will release only the medical information that is identified in the employee’s authorization. If the employee’s authorization indicates any limitations regarding the use of the medical information, the City will communicate those limitations to the person or entity to which it discloses the medical information.
10.8 Destruction of Records
All records relating to personnel may be destroyed in accordance with the City’s adopted document and retention policy or retained, if required, in accordance with applicable law.
SECTION 11 – EMPLOYEE’S HOME ADDRESS AND STATUS OF DRIVER’S LICENSE – DUTY TO UPDATE
11.1 Home Address and Related Changes
All City employees shall notify his/her supervisor as soon as possible, and the supervisor shall notify the City Manager, of any change in their residential address, telephone number(s), and emergency contact information.
11.2 Driver’s License Changes
1. The possession of a valid California Driver’s License is a requirement for all City positions where the City reasonably expects driving to be one of the job functions for the position and reasonably believes that alternate forms of transportation for that job function would not be comparable in travel time or cost. Convictions of certain offenses may restrict or prohibit an employee’s ability to drive City vehicles or operate City equipment. Therefore, all such employees shall promptly notify their supervisor, and the supervisor shall immediately notify the City Manager of any change in Driver’s License status.
2. The changes will be recorded in the employee’s personnel file with a copy sent to appropriate supervisors.
3. Changes in Driver’s License Status will be evaluated by the City Manager on a case-bycase basis to determine whether the employee can fulfill the essential duties of the position, as a result of a change involving temporary suspension or full revocation.
SECTION 12 – OUTSIDE EMPLOYMENT/CONFLICT OF INTEREST
12.1 General Policy
As a public agency, the City must be particularly sensitive to real, potential, or perceived conflicts of interest.
The City expects all employees to adhere to the highest ethical and professional standards. Full time and permanent part-time employees are employed on the condition that employment with the City is their primary employment and that they shall not engage in any employment, activity, or enterprise for
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compensation which is inconsistent, incompatible, or in conflict with his/her duties, functions, or responsibilities as a City employee. The purpose of this policy is to establish guidelines for City employees regarding dual employment or outside activities that may conflict with City employment.
No City employee shall lend his/her name as an employee of the City to any commercial or business enterprise. No employee shall approve or utilize the name, uniform, or prestige of the City, or any City department, for any such purpose. Because of their knowledge and expertise, outside employment or other income opportunities may become available to City employees. If an employee is considering such an opportunity, he or she must fully disclose the employment opportunity to the City and have it carefully reviewed to avoid conflict of interest. Failure to disclose potential business opportunities that create a conflict of interest is grounds for disciplinary action up to and including termination.
Employees shall notify the City Manager if they are considering any of the following:
1. Simultaneous employment by any other employer.
2. Participation in an outside business on their own or with others.
3. Involvement in any other outside activity where they receive compensation.
12.2 Evaluation
The City Manager shall determine if a conflict exists. If a conflict of interest or scheduling problem exists, the City may require an employee to resign from the other employment or outside activity.
An employee’s outside employment, activity, or enterprise may be prohibited if it:
1. Involves the use of City time, facilities, equipment, and supplies, the badge, uniform, prestige, or influence of his/her City department or employment for private gain or advantage.
2. Involves receipt or acceptance by the employee of any money or other consideration from anyone other than the City for the performance of an act which the employee would be required or expected to render in the regular course or hours of his/her City employment or as a part of his/her duties as a City employee.
3. Involves the performance of an act in other than his/her capacity as a City employee which may later be subject directly or indirectly to the control, inspection, review, audit, or enforcement by any other employee of the department in which he/she is employed.
4. Involves such time demands as would render performance of his/her duties as a City employee less efficient.
12.3 Procedure
1. The employee shall request authorization for outside employment from the City Manager by completing the Request to Engage in Outside Employment Form prior to entering into the requested outside employment.
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2. The City Manager shall authorize outside employment in accordance with this policy. In the event that a request for outside employment is denied, written comments will be provided to the employee.
3. The City Manager shall furnish the requesting employee with a copy of the Request to Engage in Outside Employment Form indicating approval/denial and forward a copy to the employee’s personnel file.
12.4 Statement of Economic Interest – Form 700
Every elected official and public employee who makes or influences governmental decisions is required to submit a Statement of Economic Interest, also known as the Form 700. The Form 700 provides transparency and ensures accountability. It provides necessary information to the public about an official’s personal financial interests to ensure that officials are making decisions in the best interest of the public and not enhancing their personal finances, and it serves as a reminder to the public official of potential conflicts of interest so the official can abstain from making or participating in governmental decisions that are deemed conflicts of interest. The City shall determine positions that fall under the above requirements and notify such employees accordingly for submittal of initial, annual, and closing statements.
SECTION 13 – USE OF CAMERAS AND VIDEO SURVEILLANCE
The City utilizes video surveillance and camera systems in the workplace for business purposes, including the safety and security of employees. Such cameras and video systems are located in open areas and lobbies. Employees shall not have an expectation of privacy related to the City’s use of these cameras and video surveillance.
SECTION 14 – USE OF CITY SEAL OR CITY DEPARTMENT EMBLEMS All official seals, emblems or logos, including patches, badges, and business cards, of the City or of any of its departments are the property of the City. Such seals, emblems, and logos shall not be reproduced, duplicated, sold, traded, or given away without the express written permission of the City Manager other than for use in conducting City business.
SECTION 15 – PUBLIC INFORMATION AND NEWS & MEDIA RELATIONS
15.1 General Policy
It is the City’s desire to keep citizens of Yorba Linda fully informed on all matters of public interest.
Therefore, it is essential that information given to the public is factual and complete.
Information provided to the public via the City’s website and social media accounts must be accurate and consistent with applicable City policies. Employees should be familiar with the City’s Use of Social Media Sites City Council Policy (Appendix C) and City Website City Council Policy (Appendix D) to ensure that any information published for the public is consistent with these policies.
From time-to-time, the City, its officials and employees are contacted by representatives of the news media, including press, radio, and television. The ultimate authority and the individual responsible for
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the release of information to the media on behalf of the City is the City Manager. Inquiries from the media requesting information shall be directed to the City’s Communications Coordinator (or any similar position designated as the City’s media contact in the future), Department Heads, the City Manager, or the Assistant City Manager unless specifically instructed otherwise. At no time shall any other City employee make any comment or release any information to the media on behalf of the City without prior approval from the City Manager.
All press releases written or originated by a member of the City staff shall be approved by the City Manager prior to being issued to the news media. Any employee who desires to prepare a written statement to the press/news media, which in any way relates or pertains to City business (other than public notice requirements), must first submit said statement to the City Manager for review and approval prior to its distribution.
The aforesaid requirements are not purposefully designed or in any way intended to infringe upon or violate City employees’ Constitutional Rights.
SECTION 16 – COMMUNICATIONS WITHIN THE WORKPLACE
Open and professional communications are welcomed and encouraged between and among all levels of the organization. Direction and decisions, however, are to be made in accordance with the organizational structure of the City. Employees are encouraged to follow the chain of command, starting with his/her direct supervisor, to resolve issues or problems.
If any area of an employee’s work is causing concern, employees have the responsibility to address their concerns with their supervisor. Whether the issue is a problem, a complaint, a suggestion, or an observation, the City is committed to resolving issues at the lowest levels. By listening to employee concerns, the City is able to improve, address complaints, and foster employee understanding of the rationale for practices, processes, and decisions.
Most problems can and should be solved in discussion with the employee’s immediate supervisor; this is encouraged as the first effort to solve a problem. However, an employee may also discuss their issues and concerns with the next levels of management when the matter is unsuccessfully resolved and/or involves the immediate supervisor. No matter which alternative is used to approach an employee’s perceived problem, complaint, or suggestion, the management team within the City organization is willing to listen and help bring about a solution or a clarification.
By helping to solve problems, managers benefit by gaining valuable insight into possible problems with existing methods, procedures, and approaches. While there may not be an easy answer or solution to every concern, the City of Yorba Linda’s employees have the opportunity at all times to be heard.
Employees may also utilize the City’s grievance procedure as a method to raise a concern and seek resolution.
SECTION 17 – NEPOTISM AND CONFLICTING RELATIONSHIPS
17.1 Purpose and Scope
The purpose of this policy is to ensure effective supervision, safety, security, performance, assignments,
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and discipline while maintaining positive morale by avoiding actual or perceived favoritism, discrimination, and other actual or potential conflicts of interest by or between employees of the City.
17.2 Definitions
1. Relative – An employee’s parent, stepparent, spouse, domestic partner, significant other, child (natural, adopted, or step), sibling (by blood or marriage), grandparent (by blood or marriage), or another close relative (e.g. aunt, uncle, niece, nephew, first cousin, etc.).
2. Personal Relationship – Includes marriage, cohabitation, dating, or any other intimate relationship beyond mere friendship.
3. Business Relationship – Serving as an employee, independent contractor, compensated consultant, owner, board member, shareholder, or investor in an outside business, company, partnership, corporation, venture, or other transaction where the employee’s annual interest, compensation, investment, or obligation is greater than $250.
4. Conflict of Interest – Any actual, perceived, or potential conflict of interest in which it reasonably appears that an employee’s action, inaction, or decisions are or may be influenced by the employee’s personal or business relationship.
5. Supervisor – an employee who has temporary or ongoing direct or indirect authority over the actions, decisions, evaluation, and/or performance of a subordinate employee.
6. Subordinate – an employee who is subject to the temporary or ongoing direct or indirect authority of a supervisor.
17.3 Restricted Duties and Assignments
While the City will not prohibit personal or business relationships between employees, the following reasonable restrictions shall apply (Government Code 12940(A):
1. Employees are prohibited from directly training, supervising, occupying a position in the line of supervision, or being directly trained or supervised by any other employee who is a relative or with whom they are involved in a personal or business relationship.
If circumstances require that such a supervisor/subordinate relationship exists temporarily, the supervisor shall make every reasonable effort to refer matters involving the involved employee to an uninvolved supervisor.
2. When staffing and circumstances permit, the City will attempt to make every reasonable effort to avoid placing employees in such supervisor/subordinate situations. The City, however, reserves the right to transfer or reassign any employee to another position within the same classification as it may deem necessary in order to avoid conflicts with any provision of this policy.
3. Employees are prohibited from participating in, contributing to, or recommending promotions, assignments, performance evaluations, transfers, or other personnel decisions affecting an employee who is a relative or with whom they are involved in a
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personal or business relationship.
4. Except as required in the performance of official duties, or in the case of immediate relatives, employees shall not develop or maintain personal or financial relationships with any individual(s) who they know or reasonably should know are under criminal investigation, convicted felons, parolees, fugitives, registered sex offenders, or engaging in serious violations of State or Federal laws.
17.4 Employee’s Responsibility
Prior to entering into any personal or business relationship or other circumstance that the employee knows or reasonably should know could create a conflict of interest or other violation of this policy, the employee shall promptly notify, in writing, his/her next highest level of supervisor who is uninvolved.
Whenever any employee is placed in circumstances which would require the employee to take enforcement action or provide other official information or services to any relative or other individual(s) with whom the employee is involved in a personal or business relationship, the employee shall promptly notify his/her uninvolved, immediate supervisor. In the event that no uninvolved supervisor is immediately available, the employee shall promptly notify the City Manager to have another uninvolved employee either relieve the involved employee or minimally remain present to witness the action.
17.5 Supervisor’s Responsibility
Upon being notified of, or becoming aware of, any circumstance(s) that could result in or constitute an actual or potential violation of this policy, a supervisor shall take all reasonable steps to mitigate or avoid such violations whenever possible. Supervisor shall also promptly notify the City Manager of such actual or potent
SECTION 18 – TELECOMMUTING
18.1 General Policy
Telecommuting provides employees with an opportunity to work from an alternative work environment instead of in the employee’s primary location. Telecommuting may be considered for one or more of the following circumstances: 1) compelling personal situations, 2) air quality and trip reduction benefits as deemed necessary by the City Manager 3) reasonable accommodation of an employee’s medical condition, and 4) other extenuating circumstances where the implementation of this policy will represent increased productivity to both the City and employee as approved by the City Manager. T elecommuting arrangements for individual employees are at the discretion of the City Manager and may be revoked at any time.
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SECTION 1 – EMPLOYMENT
Chapter 2 of this Manual establishes procedures for all phases of the employment process for full-time and part-time employees. The City Manager will administer and coordinate the recruitment and selection process for all position vacancies to ensure compliance with contractual, legal, and equal employment opportunity requirements. All such hiring efforts are conducted in the spirit of equal opportunity and nondiscrimination.
All persons considered for employment with the City of Yorba Linda shall be qualified to perform the duties of the position for which they are employed. All new employees may be required to undergo fingerprinting, background checks, medical exams, and pre-employment drug testing before reporting for work.
Employees may, depending upon the job applied for, be required to undergo psychological exams and/or polygraphs. All employees shall be required to sign an Oath of Office pursuant to State law.
All full-time and part-time City appointments and promotions shall be based on merit and qualifications as will be determined by the results of any or all of the following testing procedures: written tests, oral interviews, performance tests, physical agility tests, evaluation of work performance, work samples, or any combination of these.
All new employees must provide and maintain the necessary documentation to prove identity and the right to work in the United States in accordance with Federal and State Immigration and Naturalization laws (per I-9 Form). Failure to provide such documentation will result in disqualification from selection and/or grounds for immediate termination.
SECTION 2 – APPOINTING AUTHORITY/APPOINTMENT
The City Manager shall serve as the Appointing Authority. Appointing power is granted to certain employees of the City who, in his or her official capacity, have the final authority to make an appointment to a position, as determined by the City Manager.
After examination and investigation, the Appointing Authority shall make appointments from the appropriate employment list(s) in accordance with these personnel rules. If the applicant accepts the appointment and presents himself/herself on or before the date of employment, he/she shall be employed; otherwise, he/she shall be deemed to have declined the appointment. An applicant becomes an employee upon appointment to a position in the competitive service and may achieve permanent status upon successful completion of his or her probationary period. At-will employees do not have a probationary period and become employees upon appointment to their position.
SECTION 3 - RECRUITMENT PROCESS
3.1 General Policy
Recruitments shall be conducted to assist with the selection of qualified candidates. Selection techniques will examine the qualifications of the applicants. An applicant shall include any person who has submitted a completed electronic application for employment with the City and shall be considered eligible when deemed qualified and placed on an employment or reemployment list.
CHAPTER 2 – EMPLOYMENT
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The selection techniques used in the recruitment process shall be impartial and shall relate to the skills and knowledge which, in the opinion of the City Manager, will best facilitate an applicant's successful performance of the duties and responsibilities of the position to which he or she seeks appointment.
Tests may include, but are not limited to written tests, oral interviews, performance tests, physical agility tests, evaluation of work performance, work samples, or any combination of these. Preemployment physical, medical, psychological, and/or drug and alcohol tests may be given as part of any recruitment if required for performing the essential job functions. All examinations given will be job-related and designed to determine a candidate’s knowledge, skills, and abilities to perform the essential job functions.
The probationary period, if applicable, shall be considered part of the recruitment process, and an employee may be rejected during this period without right to appeal. The City Manager will ensure that all recruitment results remain confidential and that the recruitment process appropriately accommodates candidates with disabilities.
3.2 Types of Recruitments
1. Open-competitive recruitment - A recruitment for a particular position that is open to all persons meeting the qualifications for the position.
2. Internal recruitment - A recruitment for a particular position, eligibility for which is limited to permanent and probationary employees in the competitive service who meet the minimum qualifications for the position.
3. Continuous recruitment - an open-competitive recruitment that is administered periodically, as the need arises, and as a result of which names are placed on an open employment list.
3.3 Scoring of Applicants
The rating system utilized for any recruitment shall be position-specific and designed to identify the bestqualified candidate for the position. An applicant's failure to successfully pass any component of the recruitment process for a position may be grounds for his or her disqualification.
3.4 Notification of Results
Each applicant who has applied for a position shall be sent a written notice (via mail or electronically) of the results.
SECTION 4 – EMPLOYMENT LISTS
As soon as possible after the completion of a recruitment, open-competitive or promotional, the City Manager shall prepare and keep available an appropriate employment list. Whenever there are fewer than three (3) names of individuals on an employment list who are willing to accept an appointment, the appointing power may either make an appointment from among the names on the employment list or request that the City Manager establish a new list. When so requested, the City Manager shall conduct a new recruitment and prepare a new employment list.
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4.1 Types of Employment Lists
1. Open employment list - a list, in order of final ranking, of the names of all persons who have applied in response to an open-competitive or continuous recruitment for a position and qualified.
2. Internal employment list – a list, in order of final ranking, of the names of all persons who have applied in response to an internal recruitment for a position and are qualified, except that the name of any person who has separated from the competitive service shall be removed from the internal employment list. The name of a laid-off employee shall not be removed from the internal employment list unless his or her name has also been removed from the reemployment list.
3. Reemployment list - a list of the names of probationary and permanent employees in a given class who have been laid off.
4.2 Duration of Employment Lists
An employment list, other than an open employment list resulting from a continuous recruitment, shall remain in effect for six (6) months, unless sooner exhausted, and may be extended by action of the City Manager prior to its expiration date, for an additional period of up to six (6) months. An open employment list prepared as a result of a continuous recruitment shall remain in effect for not more than six (6) months after the recruitment has closed, unless sooner exhausted. Names placed on such a list shall be merged with any names already on the list in order of final ranking and shall remain on the list for not more than one year.
4.3 Reemployment Lists
The names of probationary and permanent employees who have been laid off as a result of the abolition of their position or a shortage of work or funds therefore shall be placed on a reemployment list. The names shall remain thereon for a period of six (6) months unless the persons are sooner reinstated by the City or sooner notify the City Manager in writing that they wish to remain on the list for an additional six (6) months. In no event shall a name remain on a reemployment list for more than one (1) year.
4.4 Removal of Names from Employment Lists
The name of any person appearing on an employment or reemployment list shall be removed from the list by the City Manager if the person requests in writing that his/her name be removed, or if he/she fails to respond to a notification mailed (or sent electronically) to his/her last known address that requests a response. The person affected shall be notified of the removal of his/her name by a notice mailed (or sent electronically) to his/her last known address. The names of persons on promotional employment lists who resign or are separated from the service shall automatically be dropped from such lists.
SECTION 5 – REFERENCE CHECKS
Before an offer of employment is extended, the City shall conduct reference checks for finalist candidates. The purpose of the reference check is to verify prior employment duties, dates of employment, performance record, attendance record, and any other pertinent information. Results of the reference check will help determine a candidate’s fit forthe position. Reference checks shall be conducted