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					                               BOARD OF DIRECTORS
                                  AGENDA – REGULAR MEETING

                    Our Mission – “To manage the region’s water resources for the common
                    benefit to assure stability in the sustained use by the citizens we serve”


             Mojave Water Agency
             Board Room
             22450 Headquarters Drive                                       September 24, 2009
             Apple Valley CA 92307                                                   4:30 p.m.


             1.   INVOCATION
             2.   CALL TO ORDER AND PLEDGE OF ALLEGIANCE
             3.   APPROVAL OF AGENDA


                                          PUBLIC PARTICIPATION

             4.   THE PUBLIC COMMENT PERIOD IS LIMITED TO FIVE MINUTES PER
                  PERSON AND NOT MORE THAN 15 MINUTES IN TOTAL. ANYONE
                  WISHING TO ADDRESS ANY MATTER PERTAINING TO AGENCY
                  BUSINESS, LISTED ON THE AGENDA OR NOT, MAY DO SO AT THIS
                  TIME; HOWEVER, THE BOARD OF DIRECTORS MAY NOT TAKE ANY
                  ACTION ON ITEMS THAT ARE NOT ON THE AGENDA. PLEASE SUBMIT
                  A SPEAKER CARD TO THE RECORDING SECRETARY PRIOR TO THE
                  START OF THE MEETING.

                                            CONSENT CALENDAR

Pages 1-4    5.   ADOPT BOARD ACTIONS FROM REGULAR MEETING OF SEPTEMBER 10,
                  2009

Pages 7-11   6.   APPROVE BILLS FOR PAYMENT
Pages 8-17
             7.   APPROVE DIRECTORS’ CATEGORY “B” EXPENSES

                                                    WORKSHOP

             8.   REVIEW FUNDING OPTIONS FOR THE REGIONAL RECHARGE AND
                  RECOVERY (R3) PROJECT
               Board of Directors Regular Meeting
               Agenda – September 24, 2009
               Page 2


                                            NEW BUSINESS
Pages 18-19
               9.    CONSIDER AUTHORIZING THE GENERAL MANAGER TO EXPEND
                     FUNDS BUDGETED FOR THE STRATEGIC PARTNERSHIP PROGRAMS

Pages 20-21    10.   CONSIDER AUTHORIZING STAFF TO NEGOTIATE A POWER PURCHASE
                     AGREEMENT (PPA) WITH THE PPA PROVIDER PROPOSED BY SPG
                     SOLAR FOR TURNKEY SERVICES AND A LONG-TERM AGREEMENT TO
                     PROVIDE   SOLAR  POWER    SYSTEM   FOR   THE  NEW   MWA
                     HEADQUARTERS FACILITIES

Pages 22-54
               11.   CONSIDER ADOPTING RESOLUTION 896-09 ESTABLISHING A
                     CONTRACTOR PRE-QUALIFICATION PROCEDURE AND AN APPEALS
                     PROCEDURE FOR PUBLIC WORKS PROJECTS
Pages 55-115
               12.   CONSIDER APPROVING THE UPDATED PERSONNEL POLICIES AND
                     PROCEDURES

                                               REPORTS

               13.   MANAGER’S REPORTS - BRIEF REPORTS ON SUBJECTS NOT COVERED
                     BY THE AGENDA. NO ACTION TAKEN.

                         A.   ENGINEERING
                         B.   OPERATIONS
                         C.   FINANCE
                         D.   WATER RESOURCES
                         E.   PUBLIC INFORMATION
                         F.   ADMINISTRATION
                         G.   MOJAVE BASIN AREA WATERMASTER

               14.   LEGAL REPORT

               15.   DIRECTORS’ REPORTS

                                           OTHER BUSINESS

               16.   DISCUSSION ITEMS FOR NEXT OR FUTURE AGENDAS

                                           CLOSED SESSION

               17.   CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION:
                     GOVERNMENT CODE §54956.9(a); CITY OF BARSTOW, ET AL. V. CITY
                     OF ADELANTO, ET AL., CASE NO. 208568 AND POTENTIAL LITIGATION
                     – IF NEEDED
Board of Directors Regular Meeting
Agenda – September 24, 2009
Page 3



                                       ADJOURNMENT

18.   ADJOURNMENT

         Pursuant to Government Code Section 54954.2(a), any request for a disability-related
      modification or accommodation, including auxiliary aids or services, that is sought in order to
      participate in the above-agendized public meeting should be directed to the Agency’s General
                Manager’s office at (760) 946-7002 at least 24 hours prior to said meeting.

                 A complete agenda packet containing all accompanying reports
                  for this agenda is available through the Agency’s website at:
                                    www.mojavewater.org

Posted: September 17, 2009
                BOARD OF DIRECTORS
           APPROVED ACTIONS – REGULAR MEETING

                       September 10, 2009



1.   INVOCATION – Director Roger Mayes of the High Desert Water
     District rendered the invocation.

2.   CALL TO ORDER AND PLEDGE OF ALLEGIANCE
     The meeting was called to order at 4:31 p.m., after which Mickey
     Luckman of the Joshua Basin Water District led the Pledge of
     Allegiance.

     PRESENT:         President Michael Page, Vice President Kimberly Cox,
                      Secretary Art Bishop, Treasurer Beverly Lowry, and
                      Director Richard Hall, Director Doug Shumway and
                      Director Jim Ventura

     ABSENT:          None

     STAFF:           General Manager Kirby Brill, Assistant General
                      Manager Norm Caouette, Chief Financial Officer
                      Kathy Cortner, Director of Engineering Gary Martin
                      and Executive Assistant Michelle Doyle

     CONSULTANTS: Bill Brunick, Legal Counsel

     Eleven audience members were present at this meeting.

3.   APPROVAL OF AGENDA

     President Page requested the Board amend the agenda and pull Item
     #8 and add a closed session item regarding the Dudley Ridge Water
     District water transfer.

     ACTION: Director Shumway made a motion to approve the agenda as
     amended. Director Cox seconded the motion, which was unanimously
     approved.



                                  Page 1
Board of Directors Regular Meeting
Approved Actions – September 10, 2009
Page 2 of 6




                         PUBLIC PARTICIPATION

4.   PUBLIC COMMENT

     Mr. Norman Diaz spoke on the Supplemental Environmental Impact
     Report regarding the Nursery Products LLC Hawes Composting Facility
     and various issues affecting the High Desert.

                           CONSENT CALENDAR

5.   ADOPT BOARD ACTIONS FROM REGULAR MEETING OF AUGUST
     27, 2009

6.   APPROVE BILLS FOR PAYMENT

     ACTION: Director Ventura made a motion to approve the consent
     calendar, but abstained from Item #5 due to his absence at that
     meeting. Director Bishop seconded the motion, which was unanimously
     approved.

                               NEW BUSINESS

7.   CONSIDER VOTING FOR DIRECTOR ART BISHOP FOR THE
     ASSOCIATION OF CALIFORNIA WATER AGENCIES (ACWA)
     REGION 9 BOARD OF DIRECTORS FOR THE 2010-2011 TERM

     Mr. Brill recommended voting for Director Art Bishop for the ACWA
     Region 9 Board of Directors.

     ACTION: Director Cox made a motion to vote for Art Bishop as a
     Board Member of the Association of California Water Agencies (ACWA)
     Region 9 for the 2010-2011 term. Director Shumway seconded the
     motion, which was unanimously approved.

8.   CONSIDER   AUTHORIZING     STAFF  TO   ENTER   INTO              A
     PROFESSIONAL SERVICES AGREEMENT WITH KRIEGER                     &
     STEWART, INC. FOR ON-CALL ENGINEERING SERVICES

     This item was pulled at the approval of the agenda.




                                        Page 2
Board of Directors Regular Meeting
Approved Actions – September 10, 2009
Page 3 of 6



9.   CONSIDER   AUTHORIZING   STAFF  TO  ENTER   INTO A
     PROFESSIONAL SERVICES AGREEMENT WITH EBERHARDT
     CONSTRUCTION, INC. FOR CONSTRUCTION MANAGEMENT
     SERVICES FOR THE NEW AGENCY HEADQUARTERS PROJECT

     Mr. Brill introduced the item and Mr. Martin gave an oral report. Mr.
     Martin stated eight proposals were received and reviewed by staff. He
     stated Eberhardt Construction was ranked number one and requested
     the Agency enter into a professional services agreement for
     construction management services for the new Agency facility.

     Discussion ensued by the Board of Directors.

     ACTION: Director Ventura made a motion to enter into a Professional
     Services Agreement with Eberhardt Construction, Inc. in the amount of
     $ 4 7 9 ,3 7 4 (plus reimburs able it ems ) for construction management services
     for the new Agency Headquarters Project. Director Bishop seconded
     the motion, which was unanimously approved.

10. CONSIDER APPROVAL OF A CHANGE ORDER TO RBF
    CONSULTING     FOR   PREPARATION     OF    NATIONAL
    ENVIRONMENTAL POLICY ACT (NEPA) COMPLIANT DOCUMENT
    FOR THE ORO GRANDE WASH RECHARGE PROJECT

     Mr. Brill introduced this item and Mr. Martin gave a brief oral report.
     Mr. Martin stated the agency was successful in receiving about $4.9
     million in grant funding from the United States Bureau of Reclamation
     for the Oro Grande Wash Recharge Project, with the only condition of
     completing the NEPA documentation for the project. Therefore, staff
     recommends a change order with RBF Consulting to prepare the NEPA
     documentation.

     ACTION: Director Ventura made a motion to approve the change
     order to RBF Consulting in the amount not to exceed of $61,454 for
     preparation of NEPA documents for the Oro Grande Wash Recharge
     Project. Director Cox seconded the motion, which was unanimously
     approved.

11. CONSIDER APPROVING THE FIXED ASSETS AND                              SURPLUS
    PROPERTY POLICY




                                        Page 3
Board of Directors Regular Meeting
Approved Actions – September 10, 2009
Page 4 of 6



     Mr. Brill introduced the item and Ms. Cortner discussed the new policy.

     Discussion ensued by the Board of Directors.

     ACTION: Director Lowry made a motion to approve the Fixed Assets
     and Surplus Property Policy. Director Bishop seconded the motion,
     which was unanimously approved.

12. CONSIDER APPROVING FUNDING FOR AMES/MEANS RECHARGE
    PROJECT

     Mr. Brill gave an oral report on this item and requested support of the
     Board of Directors to move forward with this project.

     Discussion ensued by the Board of Directors.

     ACTION: Director Ventura made a motion to approve funding in the
     amount of $279,000 for the Ames/Means Recharge Project. Director
     Lowry seconded the motion, which was unanimously approved.

                                  REPORTS

13. MANAGER’S REPORTS –
    Mr. Brill gave a brief report on the Table A water purchase and the
    recent interest by the press.     He stated there will be an article
    forthcoming in the Daily Press.

14. LEGAL REPORT – None.

15. DIRECTORS’ REPORTS –

     Director Bishop discussed the success of the recent Mini-Tour held by
     the Agency and the Economic Summit hosted by the American Red
     Cross held on September 10, 2009.

     Director Shumway mentioned sewage sludge and new technology that
     is being developed to deal with this issue.

     Director Hall thanked staff in creating the Fixed Assets and Surplus
     Policy.




                                        Page 4
Board of Directors Regular Meeting
Approved Actions – September 10, 2009
Page 5 of 6



     Director Ventura mentioned that the Joshua Basin Water District is
     breaking ground for their demonstration garden at Copper Mountain
     College on September 14th.

     Director Cox stated her appreciation for Norman Diaz and his public
     participation and endless fight to help the Hinkley area and asked that
     the Board resubmit a letter that was prepared regarding this subject.

     Director Lowry discussed the Table A water purchase and how
     successful the Agency has been during this process.

     Director Page also mentioned the Economic Summit held on September
     10th and Supervisor Brad Mitzlefelt’s positive comments about the
     Agency.

                             OTHER BUSINESS

16. DISCUSSION ITEMS FOR NEXT OR FUTURE AGENDAS – None.


                             CLOSED SESSION

17. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION:
    GOVERNMENT CODE §54956.9(a); CITY OF BARSTOW, ET AL. V.
    CITY OF ADELANTO, ET AL., CASE NO. 208568 AND POTENTIAL
    LITIGATION – IF NEEDED

18. PERSONNEL: GC 54957; GENERAL MANAGER EVALUATION

18A. CONFERENCE WITH LEGAL COUNSEL – GOVERNMENT CODE
     §54956.8; PROPERTY: WATER RIGHTS
     NEGOTIATING PARTIES: KIRBY BRILL FOR MOJAVE WATER
     AGENCY AND DALE MELVILLE FOR DUDLEY RIDGE WATER
     DISTRICT

     The Board adjourned to closed session at 5:15 p.m. and reconvened at
     6:14 p.m.

     Director Lowry reported that the Board met in closed session on Items
     #18 and #18A.        She stated regarding the General Manager’s




                                        Page 5
Board of Directors Regular Meeting
Approved Actions – September 10, 2009
Page 6 of 6



      evaluation, Mr. Brill exceeds the Board’s expectations. There was no
      reportable action on item 18A.

      ACTION: Director Lowry made a motion that effective October 1,
      2009, Mr. Brill’s salary shall be increased by six percent. Director Hall
      seconded the motion, which was unanimously approved.


                               ADJOURNMENT

19.     ADJOURNMENT – The meeting adjourned at 6:15 p.m.


Approved:
                                                 Art Bishop, Secretary


Date:                                            September 24, 2009

Attachments on File:
Public Participation -   Targeted National Sewage Sludge Survey
Item #12 -               Map of Ames/Means Project
Sign-In Sheets




                                        Page 6
Mojave Water Agency


DATE:        September 24, 2009

TO:          Board of Directors

FROM:        Kirby Brill, General Manager

BY:          Kathy A. Cortner, Chief Financial Officer
             Shelly A. Bryan, Accountant

SUBJECT:     BILLS FOR PAYMENT


RECOMMENDATION

Staff recommends that the Board of Directors accept the attached Bills for Payment as part
of the Consent Calendar during the regularly scheduled Board Meeting of September 24,
2009.

BACKGROUND

As part of the Agency’s financial responsibility, it is necessary to process accounts payable
disbursements on a routine basis in order to meet generally accepted business practices.
As part of the Finance Department’s policies and procedures, this function is performed
once or twice monthly depending on the volume and nature of the scheduled
disbursements. In an effort to present more clearly the impact of the disbursements, they
are being reviewed and summarized by particular categories below.

Attached for the Boards review and approval are the Bills for Payment covering the period
from September 2, 2009 through September 16, 2009.

FISCAL IMPACT

Bills for Payment presented within this report have decreased Agency cash in an
amount equal to $904,989.75.

EXPENDITURE SUMMARIES
         • $ 437,860.51 – 48.000% of payments: RBF Consulting
         • $ 139,528.01 – 15.417% of payments: Niagara Conservation
         • $ 95,801.00 – 10.585% of payments: ISU Insurance Services




                                          Page 7
                                                                  Mojave Water Agency
                                                          Bills Paid and Presented for Approval
                                                                   September 24, 2009


Check# Payee                            Comment                                            GL#               Project               Job# Amount
043917 Kimberly Cox                     Director Fees-8/09-Category B Meetings             5900-100-AD-1CO                                   1077.42
043918 Beverly J. Lowry                 Director Fees-8/09-Category B Meetings             5900-100-AD-6LO                                    718.28
043919 Michael L. Page                  Director Fees-8/09-Category B Meetings             5900-100-AD-4PA                                    538.71
043920 Doug Shumway                     Director Fees-8/09-Category B Meetings             5900-100-AD-7SH                                    538.71
043921 James Ventura, Jr                Director Fees-8/09-Category B Meetings             5900-100-AD-2VE                                    359.14
043922 Tamara K. Alaniz                 ev#2893-09-Mileage Reimbursement                   6094-100-PI                                        158.62
043923 A T & T                          DSL Service - G. Martin Home                       6065-100-AD                                         66.02
043924 California Special Patrol        Services For July 2009                             6103-100-OM       Water Del. Security   0393    12,390.72
043925 Cdw Government, Inc.             Backup Exe Agent                                   6075-100-IT       Computer Support      0212       413.34
043926 Chevron U.S.A. Inc.              Gasoline-Agency Vehicles                           6090-100-EN                                        337.73
043926 Chevron U.S.A. Inc.              Gasoline-Agency Vehicles                           6090-100-OM                                        800.26
043927 San Bernardino County            Inspection Fee- Permit #P-42-S.Of Rock Spgs        1160-100-BX       R Cubed               0359       700.00
043928 County Of San Bernardino         Circuit Zone Charges- 7/09-SCADA                   6065-100-OM       IDM                   0840       850.00
043929 Cole-Pramer Instrument Co        Solution                                           6078-100-WR                                         74.26
043931 Csuf Foundation                  Final Billing For 6/2009                           6078-100-WR       Bore Log GIS          0251     2,907.74
043931 Csuf Foundation                  Final Billing For 6/2009                           1160-100-CO       Additional Modeling   0378    18,939.39
043931 Csuf Foundation                  Final Billing For 6/2009                           1160-100-CP       Centro/Baja Model     0379    15,730.90
043932 Digital Mapping, Inc             Final Billing For 6/2009                           6155-900-00       GIS Land Imagery      0376    32,250.00
043933 Department Of Water Resources    Encroachment Permit#14                             1160-10-BX        R Cubed               0359     7,710.00
043935 Environmental Systems Research   2 Arc View Single User Licenses                    1145-100-WR       Computer Support      0212     2,943.89
043936 Gpa                              Services For July 2009                             1160-100-BB       MWA New Bldg          0321    85,849.73
043937 Grainger                         Casters                                            6050-100-OM       IDM                   0840       384.20
043939 High Desert Hispanic             Annual Award Banquet Ticket for T.Alaniz           6094-100-PI                                         50.00
043940 Hewlett-Packard Company          40-iLO Network Management Licenses                 6075-100-IT       Computer Support      0212    11,919.00
043941 Hub Construction Specialties     Lute Head and Snap Handle                          6061-100-OM                                        122.34
043942 Christine Huiner                 Parking Fee-Conference                             6094-100-WR                                         42.00
043943 Inland Water Works Supply Co.    Companion Flange                                   6050-100-OM       IDM                   0840        41.33
043944 Kroll                            Gobler Pre Employment Background Check             6048-100-WR                                        117.30
043946 Manpower                         Temp Services-Week Ended-8/9/09                    6049-100-AD                                        499.84
043946 Manpower                         Temp Services-Week Ended-8/9/09                    6049-100-WR                                        208.96
043946 Manpower                         Temp Services-Week Ended-8/16/09                   6049-100-AD                                        577.94
043946 Manpower                         Temp Services-Week Ended-8/16/09                   6049-100-WR                                        261.20
043947 Roger Moushabek, M.D.            Gobler Pre Employment Testing                      6048-100-WR                                        100.00
043948 Niagara Conservation             Services For July 2009                             6165-100-PI       WCIP Prog             0386   122,037.01
043948 Niagara Conservation             Services For July 2009                             6165-100-PI       WCIP Prog             0386     3,280.00



                                                                         Page 8
                                                                     Mojave Water Agency
                                                             Bills Paid and Presented for Approval
                                                                      September 24, 2009


Check# Payee                               Comment                                            GL#           Project            Job# Amount
043948 Niagara Conservation                Services For July 2009                             6165-10-PI    WCIP Prog          0386    14,211.00
043949 David Ogborn                        Mileage Reimbursement                              6094-100-IT                                  62.70
043954 Rbf Consulting                      Services For 6/2009                                1160-100-BX   R Cubed            0359     2,472.64
043954 Rbf Consulting                      Title Xvi Feasibility                              1160-100-BX   R Cubed            0359   136,563.87
043954 Rbf Consulting                      R Cubed Services June, 2009                        1160-100-BX   R Cubed            0359   298,824.00
043955 Research In Motion Corp             Advantage support for BES                          6075-100-IT   Computer Support   0212     1,499.00
043956 J.C. Salazar                        Landscape Maint-8/09-hq & John Glenn, AV           6050-100-AD                                 400.00
043956 J.C. Salazar                        Landscape Maint-8/09-Hq, AV                        6161-100-PI   Demo Garden HQ     0344       250.00
043957 Southern California Edison          Santa Fe St., Daggett-Gs-1                         6055-100-OM   MRPP-Gen           087A        67.86
043957 Southern California Edison          Mt View, Hinkely-Gs-1                              6055-100-OM   MRPP-Gen           087A        26.57
043957 Southern California Edison          Richardson Rd., Adelanto-Gs-1                      6055-100-OM   MRPP-Gen           087A       153.92
043957 Southern California Edison          Las Flores Rd., Hesperia-Gs-1                      6055-100-OM   IDM                0840       122.11
043958 Schlumberger Water Services         Valve Key                                          6078-100-WR                                 110.90
043958 Schlumberger Water Services         Lithium Battery                                    6078-100-WR                                  58.00
043962 State Wtr Resources Cont.Board      Notice Of Intent Fee                               1160-100-BB   MWA New Bldg       0321       462.00
043963 Town Of Apple Valley                Sign Fee Permit                                    1160-100-BB   MWA New Bldg       0321       252.00
043964 Tri Cities Mobile Wash              Vehicle Maintenance-Washes                         6090-100-AD                                  39.00
043965 Tti National, Inc.                  John Glenn Rd., Apple Valley                       6065-100-AD                                   9.45
043965 Tti National, Inc.                  Richardson Rd., Adelanto                           6065-100-OM   MRPP-Gen           087A         6.32
043967 Verizon California                  Riverview Rd., Hinkley                             6065-100-OM   MRPP-Gen           087A        44.36
043968 Victor Valley College Foundat.      General Scholarship Fund                           6165-100-PI   VVCC Partnership   0201     5,000.00
043969 Waxie                               Janitorial Supplies                                6060-100-AD                                 202.00
043970 Wbw Inc                             Temp Construction & Right Of Entry                 1160-100-BX   R Cubed            0359     8,738.00
043971 Webex Communications, Inc           Unique Users ID's-Monthly                          6085-100-IT   Computer Support   0212     1,450.00
043972 Withers Termite And                 Pest Control-8/09-HQ & John Glenn Rd., AV          6050-100-AD                                  75.00
043973 Zee Medical Service Co.             Safety Supplies                                    6047-100-AD                                  68.96
043973 Zee Medical Service Co.             Safety Supplies                                    6047-100-AD                                  47.24
043974 Gary Brodeur                        Writing Services August 2009                       1160-100-CT   DWR Table A        0389       389.00
043975 Isu Insurance Services              Commercial Auto Insurance - Annual                 6080-100-AD                              16,182.00
043975 Isu Insurance Services              Excess Liability- Annual                           6080-100-AD                              13,476.00
043975 Isu Insurance Services              Business Package- Annual                           6080-100-AD                              34,866.00
043975 Isu Insurance Services              Error & Omissions- Annual                          6080-100-AD                              31,277.00
043976 Clerk Of The Board Of Supervisors   Notice Of Exemption                                1160-100-BB   MWA New Bldg       0321        50.00
000501 Fia Card Services                   Alaniz-Awac Workshop Phelan                        6165-100-PI   AWAC               0305       119.42
000501 Fia Card Services                   Alaniz-Awac Member Mtg Refreshments                6094-100-PI                                 212.75



                                                                            Page 9
                                                     Mojave Water Agency
                                             Bills Paid and Presented for Approval
                                                      September 24, 2009


Check# Payee               Comment                                            GL#             Project             Job# Amount
000501 Fia Card Services   Alaniz-Awac Workshop Adelanto                      6165-100-PI     AWAC                0305       172.47
000501 Fia Card Services   Alaniz-Parking-Airport                             6094-100-PI                                      8.00
000501 Fia Card Services   Alaniz-Over The Limit Fee                          6235-100-AD                                     39.00
000501 Fia Card Services   Brill-Mthly Mtg Brill/Hall                         6094-100-AD                                     12.14
000501 Fia Card Services   Brill-Mthly Mtg Brill/Hall                         5940-100-AD-3HA                                 12.13
000501 Fia Card Services   Brill-Camera Case                                  6060-100-AD                                     10.85
000501 Fia Card Services   Brill-Lunch-Ratings                                6094-100-AD                                      5.52
000501 Fia Card Services   Brill-Airport Parking-Bond Rating                  6094-100-AD                                     36.00
000501 Fia Card Services   Brill-Mthly Mtg Brill/Shelby                       6094-100-AD                                      2.31
000501 Fia Card Services   Brill-Mthly Mtg Brill/Shelby                       6094-100-IT                                      2.30
000501 Fia Card Services   Brill-Mthly Mtg Brill/Cox                          6094-100-AD                                     27.10
000501 Fia Card Services   Brill-Mthly Mtg Brill/Cox                          5940-100-AD-1CO                                 27.09
000501 Fia Card Services   Carlson-Material For OM                            6061-100-OM                                    511.08
000501 Fia Card Services   Christianson-Field Supplies                        6078-100-WR                                     43.41
000501 Fia Card Services   Cortner-Mtg Cortner/Cox                            6094-100-AD                                     10.75
000501 Fia Card Services   Cortner-Mtg Cortner/Cox                            5940-100-AD-1CO                                 10.74
000501 Fia Card Services   Cortner-Parking Airport Bond Rating                6094-100-AD                                     18.00
000501 Fia Card Services   Cortner-Lodging Cortner Bond Rating                6094-100-AD                                    264.65
000501 Fia Card Services   Cortner-Lodging Page Bond Rating                   5940-100-AD-4PA                                264.65
000501 Fia Card Services   Cortner-Lodging Cortner Bond Rating                6094-100-AD                                      0.01
000501 Fia Card Services   Doyle-Lunch Mtg Ames/Means                         6094-100-AD                                     93.09
000501 Fia Card Services   Doyle-Pitney Bowes Postage                         6059-100-AD                                     70.69
000501 Fia Card Services   Doyle-Acwa Conf Caouette                           6094-100-AD                                    625.00
000501 Fia Card Services   Doyle-Acwa Conf Alaniz                             6094-100-PI                                    625.00
000501 Fia Card Services   Doyle-Foam Board & Shipping                        6060-100-AD                                    205.20
000501 Fia Card Services   Doyle-Kitchen Supply-Agency                        6060-100-AD                                      6.72
000501 Fia Card Services   Doyle-Sb County Wtr Conf                           6161-100-PI     County Conference   0381     1,000.00
000501 Fia Card Services   Doyle-Mthly Mtg Brill/Page                         6094-100-AD                                     16.18
000501 Fia Card Services   Doyle-Mthly Mtg Brill/Page                         5940-100-AD-4PA                                 16.17
000501 Fia Card Services   Doyle-Bod Mtg Refreshments                         6094-100-AD                                      9.97
000501 Fia Card Services   Doyle-Mthly Mtg Brill/Bishop                       6094-100-AD                                     12.64
000501 Fia Card Services   Doyle-Mthly Mtg Brill/Bishop                       5940-100-AD-5BI                                 12.64
000501 Fia Card Services   Doyle-Usgs Audit Lunch                             6094-100-WR                                     54.22
000501 Fia Card Services   Eckhart-Usgs Mwa Pro.Ltr Luncheon                  6094-100-WR                                     47.82
000501 Fia Card Services   Eckhart-Lunch Lebec Ca                             6094-100-WR                                     26.72



                                                            Page 10
                                                  Mojave Water Agency
                                          Bills Paid and Presented for Approval
                                                   September 24, 2009


Check# Payee               Comment                                         GL#               Project                 Job# Amount
000501 Fia Card Services   Eckhart-Pdf Repair Software                     6075-100-WR       Computer Support        0212        149.95
000501 Fia Card Services   Howard-Field Supplies                           6078-100-WR                                           135.94
000501 Fia Card Services   Howard-Field Supplies                           6078-100-WR                                            24.66
000501 Fia Card Services   MWA#1-Kecskes Cal Nev                           6100-100-WR       Employee Edu            0228        120.00
000501 Fia Card Services   MWA#1-Hd Leader Economic Summit                 6161-100-PI                                         1,500.00
000501 Fia Card Services   MWA#1-'08Housing Stats                          6103-100-WR       Urban Water Mgnt Plan   0390        495.00
000501 Fia Card Services   MWA#3-Acwa Conf-Brill                           6094-100-AD                                           615.00
000501 Fia Card Services   MWA#3-Acwa Conf-Cortner                         6094-100-AD                                           615.00
000501 Fia Card Services   MWA#3-Acwa Conf-Stevens                         6094-100-PI                                           615.00
000501 Fia Card Services   MWA#3-Acwa Conf-Bishop                          5935-100-AD-5BI                                       615.00
000501 Fia Card Services   MWA#3-Acwa Conf-Cox                             5935-100-AD-1CO                                       615.00
000501 Fia Card Services   MWA#3-Acwa Conf-Page                            5935-100-AD-4PA                                       615.00
000501 Fia Card Services   MWA#3-Acwa Conf-Shumway                         5935-100-AD-7SH                                       615.00
000501 Fia Card Services   MWA#3-Acwa Conf-Ventura                         5935-100-AD2VE                                        615.00
000501 Fia Card Services   Schutz-Field Supplies                           6078-100-WR                                           119.52
000501 Fia Card Services   Schutz-Field Supplies                           6078-100-WR                                           150.92
000501 Fia Card Services   Schutz-Field Supplies                           6061-100-WR                                             8.69
000501 Fia Card Services   Shelby-Personal-Invoiced                        6060-100-AD                                            50.00
000501 Fia Card Services   Shelby-Computer Supply                          6075-100-IT       Computer Support        0212         19.00
000501 Fia Card Services   Shelby-Computer Supply                          6075-100-IT       Computer Support        0212         34.09
000501 Fia Card Services   Stevens-Mtg W/ Avrwc                            6094-100-PI                                            30.81
000501 Fia Card Services   Stevens-Lunch Mtg W/Tav Pio                     6094-100-PI                                            26.66
000501 Fia Card Services   Stevens-Air Fare-Stevens                        6094-100-PI                                           119.20
       Total                                                                                                              $ 904,989.75




                                                         Page 11
Mojave Water Agency


DATE:        September 24, 2009

TO:          Board of Directors

FROM:        Kirby Brill, General Manager

BY:          Kathy A. Cortner, Chief Financial Officer
             Shelly A. Bryan, Accountant

SUBJECT: APPROVAL OF DIRECTORS’ CATEGORY “B” EXPENSES


RECOMMENDATION

Consider approving Category B expenses as provided.

BACKGROUND

As a result of passage of AB 1234, it became necessary to revise the Agency’s policy
on compensation and reimbursement, with the addition of reference to ethics training.
AB1234 dictates that the Board adopt a written policy in a public meeting that specifies
the types of occurrences for which Board members may receive reimbursement for
travel, meals, lodging, and other actual and necessary expenses, which was
accomplished through the adoption of Resolution No. 874-08 on November 24, 2008.
Additionally, AB1234 requires that meetings attended by Board members for which
there are no adopted Agency actions must be reported upon, including the title of the
meeting attended, a brief report of what occurred at the meeting, and the benefit to the
Agency by the Board member’s attendance. These meetings, descriptions, and related
expenses are referred to as Category “B” expenses and are to be documented on a
Category “B” Expense Voucher. Resolution No. 874-08 contains a list of pre-authorized
Category “B” expenses. Meetings not included in the list of pre-authorized meetings will
need Board authorization.

ANALYSIS

Staff has included with this agenda for Board consideration all Category “B” expense
vouchers received from directors prior to publication of the Board meeting agenda.
Vouchers are included for Directors Cox, Hall, Lowry, Page, Shumway, and Ventura.

FISCAL IMPACT

Unknown.


                                         Page 12
                                         MOJAVE WATER AGENCY
                                         BOARD EXPENSE VOUCHER
    Name:                   Kimberly Cox                              Aug-09                          Dept.: Board of Directors

    Category Date of Mtg. Check if In-
    B or other or Event     Agency       Expense Description (detail for "B" meetings only - MAX. 10 MTGS. /MONTH)
                          travel exp.

        B       8/7/2009                 Baja Subarea Advisory Committee - Newberry

        B        8/10/09                 Special Districts Meeting - Ontario

        B        8/14/09                 Monthly Meeting with GM Brill and CIO Mike Stevens

        B        8/19/09                 Meeting with Tessera Solar - Victorville

        B      8/20/2009                 San Bernardino County Water Conference - Ontario Convention Center

        B      8/26/2009                 Baja Subarea Advisory Committee - Meeting with MWA Staff/Watermaster Staff




        I certify the expenses listed above are related to my authorized travel according to the
        Mojave Water Agency Policies.

                            Submitted By:

                                                                                Page 13


                            Signature
                              g                                                    Date

P:\Meetings\2009\Board of Directors\20090924\07A Cox Expense Voucher 20090924                                                     12:56 PM 9/17/2009
                                         MOJAVE WATER AGENCY
                                         BOARD EXPENSE VOUCHER
    Name:                   Beverly Lowry                             Aug-09                          Dept.: Board of Directors

    Category Date of Mtg. Check if In-
    B or other or Event     Agency       Expense Description (detail for "B" meetings only - MAX. 10 MTGS. /MONTH)
                          travel exp.

        B      8/10/2009                 Meeting with Federal Advocates at MWA

        B        8/19/09                 Silver Valley Special Districts Meeting - Gave MWA Report

        B        8/20/09                 San Bernardino County Water Conference - Ontario Convention Center




        I certify the expenses listed above are related to my authorized travel according to the
        Mojave Water Agency Policies.

                            Submitted By:

                                                                                  Page 14

                            Signature
                              g                                                     Date

P:\Meetings\2009\Board of Directors\20090924\07B Lowry Expense Voucher 20090924                                                   12:56 PM 9/17/2009
                                         MOJAVE WATER AGENCY
                                         BOARD EXPENSE VOUCHER
    Name:                   Michael Page                              Aug-09                           Dept.: Board of Directors

    Category Date of Mtg. Check if In-
    B or other or Event     Agency       Expense Description (detail for "B" meetings only - MAX. 10 MTGS. /MONTH)
                          travel exp.

        B       8/6/2009                 San Francisco - Meetings with Bond Agencies

        B        8/20/09                 San Bernardino County Water Conference - Ontario Convention Center

        B        8/28/09                 Meeting with GM Kirby Brill - Water Briefing for Assemblyman Knight




        I certify the expenses listed above are related to my authorized travel according to the
        Mojave Water Agency Policies.

                            Submitted By:

                                                                                 Page 15

                            Signature
                              g                                                    Date

P:\Meetings\2009\Board of Directors\20090924\07C Page Expense Voucher 20090924                                                     12:56 PM 9/17/2009
                                         MOJAVE WATER AGENCY
                                         BOARD EXPENSE VOUCHER
    Name:                  Doug Shumway                              Aug-09                           Dept.: Board of Directors

    Category Date of Mtg. Check if In-
    B or other or Event     Agency       Expense Description (detail for "B" meetings only - MAX. 10 MTGS. /MONTH)
                          travel exp.

        B       8/6/2009                 AWAC Water Smart Workshop Meeting

        B        8/10/09                 Innovative Federal Strategies Lobbyist Meeting - MWA

        B        8/20/09                 San Bernardino County Water Conference - Ontario Convention Center




        I certify the expenses listed above are related to my authorized travel according to the
        Mojave Water Agency Policies.

                           Submitted By:

                                                                                    Page 16

                           Signature
                             g                                                         Date

P:\Meetings\2009\Board of Directors\20090924\07D Shumway Expense Voucher 20090924                                                 12:56 PM 9/17/2009
                                         MOJAVE WATER AGENCY
                                         BOARD EXPENSE VOUCHER
    Name:                   Jim Ventura                               Aug-09                          Dept.: Board of Directors

    Category Date of Mtg. Check if In-
    B or other or Event     Agency       Expense Description (detail for "B" meetings only - MAX. 10 MTGS. /MONTH)
                          travel exp.

        B       8/4/2009                 Lucerne Valley Economic Development Association Meeting - MWA Update

        B        8/20/09                 San Bernardino County Water Conference - Ontario Convention Center




        I certify the expenses listed above are related to my authorized travel according to the
        Mojave Water Agency Policies.

                            Submitted By:

                                                                                    Page 17

                            Signature
                              g                                                       Date

P:\Meetings\2009\Board of Directors\20090924\07E Ventura Expense Voucher 20090924                                                 12:57 PM 9/17/2009
Mojave Water Agency


DATE:        Sepember 24, 2009

TO:          Board of Directors

FROM:        Kirby Brill, General Manager

BY:          Michael Stevens, Community Liaison Officer

SUBJECT: CONSIDER AUTHORIZING THE GENERAL MANAGER TO EXPEND
         FUNDS BUDGETED FOR THE STRATEGIC PARTNERSHIP
         PROGRAMS


RECOMMENDATION

Staff recommends that the Board of Directors authorize the General Manager to expend
funds budgeted for the Strategic Partners in the following amounts:

   •   Barstow College ($65,000)
   •   Copper Mountain College ($61,000)
   •   Lewis Center for Education Research ($30,000)
   •   Mojave Desert Resource Conservation District ($35,000)
   •   Victor Valley College ($75,000)
       TOTAL: $266,000

PREVIOUS CONSIDERATION BY COMMITTEE/BOARD OF DIRECTORS

   •   Board of Directors — June 26, 2008: The board unanimously adopted the Fiscal
       Year 2009/10 budget

BACKGROUND

Mojave Water Agency has financially supported the Strategic Partners Program since
Fiscal Year 2002, and the amount budgeted for our five Strategic Partners has typically
been within the signing authority of the General Manager ($25,000). Fiscal Year
2007/08 marked the first time that budgeted funds have exceeded the Manager’s
signing authority. This request is consistent with previous requests approved by the
Board for the General Manager to expend budgeted funds for the Strategic Partners.

Each of the Partners have proposed ambitious projects for the coming year, and these
projects will again reach constituents with information consistent with the Agency’s




                                        Page 18
Strategic Goals, providing information that the Agency would otherwise not reach for
various reasons (staffing, other priorities, lack of expertise).

ANALYSIS

The Strategic Partners Program has been in existence for eight years and during this
time period, each of the Partners have demonstrated the ability to manage the funds
and each has the requisite expertise to achieve the proposed goals for each
Partnership.

FISCAL IMPACT

Funds for the Strategic Partners have been approved by the Board of Directors for
Fiscal Year 2009-10. Combined funding for the five Partners totals $266,000.




                                       Page 19
Mojave Water Agency


DATE:             September 24, 2009

TO:               Board of Directors

FROM:             Kirby Brill, General Manager

BY:               Gary Martin, Director of Engineering

SUBJECT:          CONSIDER AUTHORIZING STAFF TO NEGOTIATE A POWER
                  PURCHASE AGREEMENT (PPA) WITH THE PPA PROVIDER
                  PROPOSED BY SPG SOLAR FOR TURNKEY SERVICES AND A
                  LONG-TERM AGREEMENT TO PROVIDE SOLAR POWER
                  SYSTEM FOR THE NEW MWA HEADQUARTERS FACILITIES


RECOMMENDATION

Staff recommends that the Board authorize staff to negotiate a power purchase
agreement (PPA) with the PPA provider proposed by SPG Solar for turnkey services
and a long-term (20 years) agreement to provide a solar power generation system for
the new MWA headquarters project. The final negotiated agreement is subject to Board
approval at a subsequent Board meeting.

PREVIOUS CONSIDERATION BY COMMITTEE/BOARD OF DIRECTORS

      •   Engineering and Operations Committee – September 8, 2009: The Committee
          discussed this item.
      •   Personnel and Finance Committee – September 15, 2009: The Committee
          discussed this item.

BACKGROUND AND ANALYSIS

On June 30, 2009 staff released a request to a number of solar power providers for
proposals to provide a solar power generating system to be constructed and operated in
conjunction with the new MWA headquarters facility. Proposers were requested to
provide proposals for three (3) options; Option 1) a power purchase agreement (PPA)
whereby the solar power system is provided on a turnkey basis and owned and
operated by the PPA provider, with MWA purchasing the power generated by the
system from the PPA provider at an agreed-to rate and annual escalation rate for a
period of 20 years; Option 2) MWA purchase and operate the system; and Option 3)
MWA lease and operate the system with an option to own the system at the end of the
lease period. Proposals were received from two (2) solar power providers; however,



                                         Page 20
neither proposal contained all of the 3 options requested. Staff has reviewed the
proposals received and recommends moving forward with the PPA proposal from SPG
Solar.

Staff will be present to make a brief presentation and to provide additional information
as may be requested by the Board.

FISCAL IMPACT
Staff will make a presentation of the cost evaluation for the solar system. The
recommended PPA agreement is based on zero up-front costs to the MWA, with solar
provider costs recovered through power purchases by MWA over the life of the project
in accordance with the terms of the PPA. Staff’s evaluation confirmed that, based on
projections of SCE electric rates in the future, the solar power system installation will
provide a positive net present value over a 25-year project life, including the buyout
costs at the end of the PPA agreement.

It should be noted that the proposed solar power system will provide covered parking for
48 employee parking stalls as part of the overall system, with the associated costs
included in the PPA cost. The cost to provide covered parking without the solar option
is estimated to be approximately $384,000.




                                         Page 21
Mojave Water Agency


DATE:             September 24, 2009

TO:               Board of Directors

FROM:             Kirby Brill, General Manager

BY:                Gary Martin, Director of Engineering

SUBJECT:           CONSIDER ADOPTING RESOLUTION 896-09 ESTABLISHING A
                   CONTRACTOR PRE-QUALIFICATION PROCEDURE AND AN
                   APPEALS PROCEDURE FOR PUBLIC WORKS PROJECTS


RECOMMENDATION

Staff recommends that the Board adopt Resolution 896-09 establishing a contractor
pre-qualification procedure and an appeals procedure for public works projects.

PREVIOUS CONSIDERATION BY COMMITTEE/BOARD OF DIRECTORS

      •   Board of Directors Meeting – August 13, 2009: The Board authorized staff to
          advertise for construction bids for the new Agency Headquarters Project.
      •   Engineering and Operations Committee – September 10, 2009: The Committee
          discussed this item.
      •   Board of Directors Meeting – September 10, 2009: The Board approved the
          selection of Eberhardt Construction, Inc. to provide construction management
          services for the new Agency Headquarters Project.

BACKGROUND AND ANALYSIS

On August 13, 2009, the Board of Directors authorized staff to advertise for construction
bids for the new Agency Headquarters Project. On September 10, 2009, the Board of
Directors approved the selection of Eberhardt Construction, Inc. to provide construction
management services for the Headquarters project. In consultation with the Project
Architect, Gillis and Panichapan, and with Eberhardt Construction, staff has determined
that contractor pre-qualification is appropriate for the new Headquarters project. Public
Contract Code Section 20101 allows contractor pre-qualification for public works
projects in accordance with model guidelines established by the California Department
of Industrial Relations (DIR). The proposed Resolution 896-09 is based on the
provisions of Contract Code Section 20101 and the DIR model guidelines.




                                          Page 22
FISCAL IMPACT
Contractor pre-qualification is within the scope of the construction manager, Eberhardt
Construction, and thus there is no additional fiscal impact of this action.




                                        Page 23
                             RESOLUTION NO. 896-09

     A RESOLUTION OF THE BOARD OF DIRECTORS OF THE MOJAVE WATER
         AGENCY ESTABLISHING A CONTRACTOR PRE-QUALIFICATION
        PROCEDURE AND AN APPEALS PROCEDURE FOR PUBLIC WORKS
                              PROJECTS


     WHEREAS, the Public Contracts Code (“PCC”) §20101 permits public agencies to
pre-qualify contractors who wish to bid on public works; and

     WHEREAS, it is in the public interest for the Mojave Water Agency to adopt
procedures that will help ensure that public works projects built within the MWA service
boundary are constructed by reputable and qualified contractors, at the best possible price;
and

     WHEREAS, it is in the public interest for the Mojave Water Agency to implement a
program for pre-qualifying contractors seeking to bid on certain public works projects; and

      WHEREAS, among other things, PCC §20101 requires a public agency to adopt an
appeals procedure that will allow contractors to appeal decisions regarding their
qualifications to bid on a project requiring pre-qualification; and

     WHEREAS, the Board of Directors intends for this Resolution to establish the method
by which decisions regarding contractor’s qualifications may be appealed; and

     WHEREAS, the procedures adopted by this Resolution are intended to facilitate
construction of individual public works projects; and

   WHEREAS, nothing herein is intended, or should be interpreted to compromise the
MWA’s firm commitment to selecting responsible bidders for its public works projects.

     NOW, THEREFORE, the Board hereby resolves, determines and finds, as follows:

1.   That pursuant to PCC §20101(d), the MWA adopts a pre-qualification procedure for
     individual public works projects;
2.   That these individual public works projects shall be selected by the General Manager
     or designee on a project-by-project basis;
3.   That the MWA hereby adopts the Pre-Qualification Questionnaire (attached “Exhibit
     A”) to be used by the MWA in evaluating contractors for public works projects requiring
     pre-qualification;
4.   That any modifications to the Pre-Qualification Questionnaire must be approved by the
     General Manager or designee;
5.   That whenever the MWA requires a public works project to be pre-qualified, a
     contractor will not be eligible to bid unless it submits the adopted Pre-Qualification
     Questionnaire and has been approved by the MWA as pre-qualified;
6.   That in accordance with PCC §20101(a), all documents submitted by a prospective
     contractor will be submitted under penalty of perjury pursuant to California law;
7.   That pursuant to §20101(a), the questionnaires and financial statements submitted by
     prospective contractors pursuant to this Resolution will not be public records and will
     not be subject to public inspection;

                                           Page 24
8.    That upon receiving the forms submitted by the prospective contractors, the Director of
      Engineering or designee will rate prospective contractors in accordance with the rating
      system that is attached as “Exhibit B,” and incorporated herein (“Uniform Rating
      System”);
9.    That the Uniform Rating System will be applied uniformly and objectively to all
      prospective contractors which have submitted properly completed documents in
      accordance with this Resolution;
10.   That any modifications to the Uniform Rating System must be made by the General
      Manager or designee;
11.   That if the MWA pre-qualifies a contractor to bid on an individual public works project,
      that contractor shall not be pre-qualified for any other public works project;
12.   That the contractor’s pre-qualification status will be immediately suspended if any
      material information contained in the pre-qualification application changes;
13.   That the Director of Engineering, or designee, shall review a contractor’s properly
      completed and timely submitted application, and make a determination of a
      contractor’s qualification status;
14.   That if the Director of Engineering, or designee, determines that a contractor is not
      qualified to bid on a particular public works project or gives an unfavorable rating to a
      contractor, the Director shall notify the contractor of the determination and inform the
      contractor regarding the basis for the determination;
15.   That a contractor receiving an unfavorable determination may appeal the decision by
      filing a Notice of Appeal not later than five (5) business days from the receipt of the
      unfavorable ruling;
16.   That the Notice of Appeal will be in a form approved by the Director of Engineering, or
      designee;
17.   That upon receipt of a properly completed Notice of Appeal, the Director of
      Engineering, or designee, will set a hearing at a time not later than five (5) business
      days after receipt of the Notice of Appeal;
18.   That the appeal shall be heard and decided by the General Manager or designee at an
      informal hearing at which time the contractor will be given an opportunity to present
      information and present reasons in opposition to the unfavorable ruling;
19.   That upon completion of the appeal hearing, the decision to affirm or reverse the
      unfavorable ruling will be made by the General Manager, or designee, and submitted
      in writing to the contractor not more than two (2) business days after completion of the
      hearing;
20.   That the decision made by the General Manager, or designee, to affirm or reverse an
      unfavorable ruling upon appeal is final and cannot be appealed to the Board of
      Directors;

      ADOPTED this 24th day of September, 2009.

                                               __________________________________
                                               Michael Page, President

ATTEST:



_______________________________
Art Bishop, Secretary

                                            Page 25
         EXHIBIT “A”


     MOJAVE WATER AGENCY
PRE-QUALIFICATION QUESTIONNAIRE




                1

              Page 26
CONTACT INFORMATION


Firm Name:                                     Check One:   Corporation
             (as it appears on license)                     Partnership
                                                            Sole Prop.

Contact Person:

Address:

Phone:                                         Fax:

If firm is a sole proprietor or partnership:

Owner(s) of Company

Contractor’s License Number(s):




                                                 2

                                               Page 27
PART I.          ESSENTIAL REQUIREMENTS FOR QUALIFICATION

        Contractor will be immediately disqualified if the answer to any of questions 1 through
        5 is “no.”1

        Contractor will be immediately disqualified if the answer to any of questions 6, 7, 8 or
        9 is “yes.”2 If the answer to question 8 is “yes,” and if debarment would be the sole
        reason for denial of pre-qualification, any pre-qualification issued will exclude the
        debarment period.

        Contractor will be immediately disqualified if the answer to question 10 is a “No.”

1.      Contractor possesses a valid and current California Contractor’s license for the project or
        projects for which it intends to submit a bid.
            Yes             No

2.      Contractor has a liability insurance policy with a policy limit of at least $1,000,000 per
        occurrence and $2,000,000 aggregate.
            Yes            No

3.      Contractor has current workers’ compensation insurance policy as required by the Labor
        Code or is legally self-insured pursuant to Labor Code section 3700 et. seq.
           Yes              No       Contractor is exempt from this requirement, because it has no
        employees

4.      Have you attached your latest copy of a reviewed or audited financial statement with
        accompanying notes and supplemental information.3
            Yes          No

        NOTE: A financial statement that is not either reviewed or audited is not acceptable.
        A letter verifying availability of a line of credit may also be attached; however, it will
        be considered as supplemental information only, and is not a substitute for the
        required financial statement.




        1
           A “no” answer to Question 4 will not be disqualifying if the contractor is exempt from complying with
Question 4, for reasons explained in footnote 7.
         2
           A contractor disqualified solely because of a “Yes” answer given to question 6, 7, or 9 may appeal the
disqualification and provide an explanation of the relevant circumstances during the appeal procedure.
         3
           Public Contract Code section 20101(e) exempts from this requirement a contractor who has qualified as a
small business pursuant to Government Code section 14837(d)(1), if the bid is “no more than 25 per cent of the
qualifying amount provided in section 14837(d)(1).” As of January 1, 2001, the qualifying amount is $10 million,
and 25 per cent of that amount, therefore, is $2.5 million.

                                                        3

                                                     Page 28
5.       Have you attached a notarized statement from an admitted surety insurer (approved by the
         California Department of Insurance) and authorized to issue bonds in the State of California,
         which states: (a) that your current bonding capacity is sufficient for the project for which
         you seek pre-qualification if you are seeking pre-qualification for a single project; or (if you
         are seeking pre-qualification valid for a year) (b) your current available bonding capacity?4
              Yes            No
         NOTE: Notarized statement must be from the surety company, not an agent or
         broker.

6.       Has your contractor’s license been revoked at any time in the last five years?
            Yes            No

7.       Has a surety firm completed a contract on your behalf, or paid for completion because your
         firm was default terminated by the project owner within the last five (5) years?
             Yes             No

8.       At the time of submitting this pre-qualification form, is your firm ineligible to bid on or be
         awarded a public works contract, or perform as a subcontractor on a public works contract,
         pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7?
              Yes            No
         If the answer is “Yes,” state the beginning and ending dates of the period of debarment:



9.       At any time during the last five years, has your firm, or any of its owners or officers been
         convicted of a crime involving the awarding of a contract of a government construction
         project, or the bidding or performance of a government contract?
             Yes              No

10.      Has your firm completed at least one public works building structure designed for public
         occupancy, and having a contract value of 4 million dollars or more within the last 5 years?
             Yes           No




         4
          An additional notarized statement from the surety may be requested by Public Entity at the time of
submission of a bid, if this pre-qualification package is submitted more than 60 days prior to submission of the bid.

                                                          4

                                                       Page 29
PART II.       ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE,
               COMPLIANCE WITH CIVIL AND CRIMINAL LAWS

A.      Current Organization and Structure of the Business

For Firms That Are Corporations:

1a.   Date incorporated :
1b.   Under the laws of what state:
1c.   Provide all the following information for each person who is either (a) an officer of the
      corporation (president, vice president, secretary, treasurer), or (b) the owner of at least ten
      per cent of the corporation’s stock.
 Name               Position             Years with Co.      % Ownership          Social Security #




1d.    Identify every construction firm that any person listed above has been associated with (as
       owner, general partner, limited partner or officer) at any time during the last five years.
       NOTE: For this question, “owner” and “partner” refer to ownership of ten per cent or
       more of the business, or 10 per cent or more of its stock, if the business is a
       corporation.
                                                                      Dates of Person’s Participation
Person’s Name                     Construction Firm                   with Firm




For Firms That Are Partnerships:

1a.     Date of formation: __________________
1b.     Under the laws of what state: __________
1c.     Provide all the following information for each partner who owns 10 per cent or more of the
        firm.

 Name                Position            Years with Co.      % Ownership          Social Security #




                                                 5

                                               Page 30
1d.    Identify every construction company that any partner has been associated with (as owner,
       general partner, limited partner or officer) at any time during the last five years.
       NOTE: For this question, “owner” and “partner” refer to ownership of ten per cent or
       more of the business, or ten per cent or more of its stock, if the business is a
       corporation.
                                                                      Dates of Person’s Participation
Person’s Name                     Construction Company                with Company




For Firms That Are Sole Proprietorships:

1a.    Date of commencement of business.
1b.    Social security number of company owner.
1c.    Identify every construction firm that the business owner has been associated with (as owner,
       general partner, limited partner or officer) at any time during the last five years.
       NOTE: For this question, “owner” and “partner” refer to ownership of ten per cent or
       more of the business, or ten per cent or more of its stock, if the business is a
       corporation.
                                                                      Dates of Person’s Participation
Person’s Name                     Construction Company                with Company




For Firms That Intend to Make a Bid as Part of a Joint Venture:

1a.    Date of commencement of joint venture.
1b.    Provide all of the following information for each firm that is a member of the joint venture
       that expects to bid on one or more projects:
        Name of firm                            % Ownership of Joint Venture




B. History of the Business and Organizational Performance

2.     Has there been any change in ownership of the firm at any time during the last three years?
       NOTE: A corporation whose shares are publicly traded is not required to answer this
       question.


                                                 6

                                               Page 31
           Yes            No
      If “yes,” explain on a separate signed page.

3.    Is the firm a subsidiary, parent, holding company or affiliate of another construction firm?
      NOTE: Include information about other firms if one firm owns 50 per cent or more of
      another, or if an owner, partner, or officer of your firm holds a similar position in
      another firm.
           Yes             No
      If “yes,” explain on a separate signed page.

4.    Are any corporate officers, partners or owners connected to any other construction firms.
      NOTE: Include information about other firms if an owner, partner, or officer of your
      firm holds a similar position in another firm.
           Yes            No
      If “yes,” explain on a separate signed page.

5.    State your firm’s gross revenues for each of the last three years:



6.    How many years has your organization been in business in California as a contractor under
      your present business name and license number?            years

7.    Is your firm currently the debtor in a bankruptcy case?
           Yes             No
      If “yes,” please attach a copy of the bankruptcy petition, showing the case number, and the
      date on which the petition was filed.

8.    Was your firm in bankruptcy at any time during the last five years? (This question refers
      only to a bankruptcy action that was not described in answer to question 7, above)
          Yes            No

      If “yes,” please attach a copy of the bankruptcy petition, showing the case number and
      the date on which the petition was filed, and a copy of the Bankruptcy Court’s discharge
      order, or of any other document that ended the case, if no discharge order was issued.

Licenses

9.    List all California construction license numbers, classifications and expiration dates of
      the California contractor licenses held by your firm:
      ________________________________________________

      ________________________________________________




                                                 7

                                              Page 32
10.   If any of your firm’s license(s) are held in the name of a corporation or partnership, list
      below the names of the qualifying individual(s) listed on the CSLB records who meet(s) the
      experience and examination requirements for each license.
      ________________________________________

      ________________________________________

11.   Has your firm changed names or license number in the past five years?
           Yes            No
      If “yes,” explain on a separate signed page, including the reason for the change.

12.   Has any owner, partner or (for corporations:) officer of your firm operated a construction
      firm under any other name in the last five years?
           Yes            No
      If “yes,” explain on a separate signed page, including the reason for the change.

13.   Has any CSLB license held by your firm or its Responsible Managing Employee (RME)
      or Responsible Managing Officer (RMO) been suspended within the last five years?
           Yes            No
      If “yes,” please explain on a separate signed sheet.

Disputes

14.   At any time in the last five years has your firm been assessed and paid liquidated
      damages after completion of a project under a construction contract with either a public
      or private owner?
           Yes            No
      If yes, explain on a separate signed page, identifying all such projects by owner, owner’s
      address, the date of completion of the project, amount of liquidated damages assessed and
      all other information necessary to fully explain the assessment of liquidated damages.

15.   In the last five years has your firm, or any firm with which any of your company’s owners,
      officers or partners was associated, been debarred, disqualified, removed or otherwise
      prevented from bidding on, or completing, any government agency or public works project
      for any reason?
      NOTE: “Associated with” refers to another construction firm in which an owner,
      partner or officer of your firm held a similar position, and which is listed in response
      to question 1c or 1d on this form.
           Yes             No
      If “yes,” explain on a separate signed page. State whether the firm involved was the firm
      applying for pre-qualification here or another firm. Identify by name of the company, the
      name of the person within your firm who was associated with that company, the year of the
      event, the owner of the project, the project and the basis for the action.

16.   In the last five years has your firm been denied an award of a public works contract based on
      a finding by a public agency that your company was not a responsible bidder?


                                                8

                                             Page 33
          Yes             No
      If “yes,” explain on a separate signed page. Identify the year of the event, the owner, the
      project and the basis for the finding by the public agency.

                                       * * * * *
      NOTE: The following two questions refer only to disputes between your firm and the
      owner of a project. You need not include information about disputes between your
      firm and a supplier, another contractor, or subcontractor. You need not include
      information about “pass-through” disputes in which the actual dispute is between a
      sub-contractor and a project owner. Also, you may omit reference to all disputes
      about amounts of less than $50,000.

17.   In the past five years has any claim against your firm concerning your firm’s work on a
      construction project been filed in court or arbitration?
          Yes             No
      If “yes,” on separate signed sheets of paper identify the claim(s) by providing the project
      name, date of the claim, name of the claimant, a brief description of the nature of the
      claim, the court in which the case was filed and a brief description of the status of the
      claim (pending or, if resolved, a brief description of the resolution).

18.   In the past five years has your firm made any claim against a project owner concerning
      work on a project or payment for a contract and filed that claim in court or arbitration?
          Yes             No
      If “yes,” on separate signed sheets of paper identify the claim by providing the project
      name, date of the claim, name of the entity (or entities) against whom the claim was filed,
      a brief description of the nature of the claim, the court in which the case was filed and a
      brief description of the status of the claim (pending, or if resolved, a brief description of
      the resolution).

                                             * * * * *

19.   At any time during the past five years, has any surety company made any payments on
      your firm’s behalf as a result of a default, to satisfy any claims made against a
      performance or payment bond issued on your firm’s behalf, in connection with a
      construction project, either public or private?
          Yes            No

      If “yes,” explain on a separate signed page the amount of each such claim, the name and
      telephone number of the claimant, the date of the claim, the grounds for the claim, the
      present status of the claim, the date of resolution of such claim if resolved, the method by
      which such was resolved if resolved, the nature of the resolution and the amount, if any,
      at which the claim was resolved.

20.   In the last five years has any insurance carrier, for any form of insurance, refused to renew
      the insurance policy for your firm?
           Yes             No


                                                9

                                             Page 34
       If “yes,” explain on a separate signed page. Name the insurance carrier,
       the form of insurance and the year of the refusal.

Criminal Matters and Related Civil Suits

21.    Has your firm or any of its owners, officers or partners ever been found liable in a civil
       suit or found guilty in a criminal action for making any false claim or material
       misrepresentation to any public agency or entity?
           Yes            No
       If “yes,” explain on a separate signed page, including identifying who was involved, the
       name of the public agency, the date of the investigation and the grounds for the finding.

22.    Has your firm or any of its owners, officers or partners ever been convicted of a crime
       involving any federal, state, or local law related to construction?
           Yes            No
       If “yes,” explain on a separate signed page, including identifying who was involved, the
       name of the public agency, the date of the conviction and the grounds for the conviction.

23.    Has your firm or any of its owners, officers or partners ever been convicted of a federal
       or state crime of fraud, theft, or any other act of dishonesty?

            Yes            No
       If “yes,” identify on a separate signed page the person or persons convicted, the court (the
       county if a state court, the district or location of the federal court), the year and the criminal
       conduct.

Bonding

24.    Bonding capacity: Provide documentation from your surety identifying the following:

       Name of bonding company/surety:         ________________________________

       Name of surety agent, address and telephone number:



25.    If your firm was required to pay a premium of more than one per cent for a performance
       and payment bond on any project(s) on which your firm worked at any time during the
       last three years, state the percentage that your firm was required to pay. You may
       provide an explanation for a percentage rate higher than one per cent, if you wish to do
       so.




                                                  10

                                                Page 35
26.   List all other sureties (name and full address) that have written bonds for your firm during
      the last five years, including the dates during which each wrote the bonds:




27.   During the last five years, has your firm ever been denied bond coverage by a surety
      company, or has there ever been a period of time when your firm had no surety bond in
      place during a public construction project when one was required?
          Yes             No
      If yes, provide details on a separate signed sheet indicating the date when your firm was
      denied coverage and the name of the company or companies which denied coverage; and
      the period during which you had no surety bond in place.

C.    Compliance with Occupational Safety and Health Laws and with Other Labor
      Legislation Safety

28.   Has CAL OSHA cited and assessed penalties against your firm for any “serious,”
      “willful” or “repeat” violations of its safety or health regulations in the past five years?

      NOTE: If you have filed an appeal of a citation, and the Occupational Safety and
      Health Appeals Board has not yet ruled on your appeal, you need not include
      information about it.
           Yes            No
      If “yes,” attached a separate signed page describing the citations, including information
      about the dates of the citations, the nature of the violation, the project on which the
      citation(s) was or were issued, the amount of penalty paid, if any. If the citation was
      appealed to the Occupational Safety and Health Appeals Board and a decision has been
      issued, state the case number and the date of the decision.

29.   Has the federal Occupational Safety and Health Administration cited and assessed
      penalties against your firm in the past five years?
      NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet
      ruled on your appeal, or if there is a court appeal pending, you need not include
      information about the citation.
           Yes            No
      If “yes,” attach a separate signed page describing each citation.

30.   Has the EPA or any Air Quality Management District or any Regional Water Quality
      Control Board cited and assessed penalties against either your firm or the owner of a
      project on which your firm was the contractor, in the past five years?


                                               11

                                            Page 36
      NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet
      ruled on your appeal, or if there is a court appeal pending, you need not include
      information about the citation.
           Yes             No
      If “yes,” attach a separate signed page describing each citation.

31.   How often do you require documented safety meetings to be held for construction
      employees and field supervisors during the course of a project?




32.   List your firm’s Experience Modification Rate (EMR) (California workers’
      compensation insurance) for each of the past three premium years:
      NOTE: An Experience Modification Rate is issued to your firm annually by your
      workers’ compensation insurance carrier.

      Current year:

      Previous year:

      Year prior to previous year:

      If your EMR for any of these three years is or was 1.00 or higher you may, if you wish,
      attach a letter of explanation.

33.   Within the last five years has there ever been a period when your firm had employees but
      was without workers’ compensation insurance or state-approved self-insurance?
           Yes            No
      If “yes,” please explain the reason for the absence of workers’ compensation insurance on a
      separate signed page. If “No,” please provide a statement by your current workers’
      compensation insurance carrier that verifies periods of workers’ compensation insurance
      coverage for the last five years. (If your firm has been in the construction business for less
      than five years, provide a statement by your workers’ compensation insurance carrier
      verifying continuous workers’ compensation insurance coverage for the period that your
      firm has been in the construction business.)

Prevailing Wage and Apprenticeship Compliance Record

34.   Has there been more than one occasion during the last five years in which your firm was
      required to pay either back wages or penalties for your own firm’s failure to comply with the
      state’s prevailing wage laws?

      NOTE: This question refers only to your own firm’s violation of prevailing wage laws,
      not to violations of the prevailing wage laws by a subcontractor.
           Yes            No


                                               12

                                             Page 37
      If ”yes,” attach a separate signed page or pages, describing the nature of each violation,
      identifying the name of the project, the date of its completion, the public agency for which it
      was constructed; the number of employees who were initially underpaid and the amount of
      back wages and penalties that you were required to pay.

35.   During the last five years, has there been more than one occasion in which your own firm
      has been penalized or required to pay back wages for failure to comply with the federal
      Davis-Bacon prevailing wage requirements?
          Yes             No
      If “yes,” attach a separate signed page or pages describing the nature of the violation,
      identifying the name of the project, the date of its completion, the public agency for
      which it was constructed; the number of employees who were initially underpaid, the
      amount of back wages you were required to pay along with the amount of any penalty
      paid.

36.   Provide the name, address and telephone number of the apprenticeship program
      (approved by the California Apprenticeship Council) from whom you intend to request
      the dispatch of apprentices to your company for use on any public work project for which
      you are awarded a contract by [Public Entity].




37.   If your firm operates its own State-approved apprenticeship program:

      (a)    Identify the craft or crafts in which your firm provided apprenticeship training in
             the past year.

      (b)    State the year in which each such apprenticeship program was approved, and
             attach evidence of the most recent California Apprenticeship Council approval(s)
             of your apprenticeship program(s).

      (c)    State the number of individuals who were employed by your firm as apprentices
             at any time during the past three years in each apprenticeship and the number of
             persons who, during the past three years, completed apprenticeships in each craft
             while employed by your firm.




                                                13

                                              Page 38
38.     At any time during the last five years, has your firm been found to have violated any
        provision of California apprenticeship laws or regulations, or the laws pertaining to use of
        apprentices on public works?
        NOTE: You may omit reference to any incident that occurred prior to January 1,
        1998, if the violation was by a subcontractor and your firm, as general contractor on
        a project, had no knowledge of the subcontractor’s violation at the time they
        occurred.
             Yes            No
        If “yes,” provide the date(s) of such findings, and attach copies of the Department’s final
        decision(s).

PART III.        RECENT CONSTRUCTION PROJECTS COMPLETED

39.     Contractor shall provide information about its six most recently completed public works
        projects and its three largest completed private projects within the last three years.5 Names
        and references must be current and verifiable. Use separate sheets of paper that contain all
        of the following information:

        Project Name:

        Location:

        Owner:

        Owner Contact (name and current phone number):




        Architect or Engineer:________________________________________

        Architect or Engineer Contact (name and current phone number):




        Construction Manager (name and current phone number):




        5
         If you wish, you may, using the same format, also provide information about other projects that you have
completed that are similar to the project(s) for which you expect to bid.

                                                       14

                                                     Page 39
Description of Project, Scope of Work Performed:




Total Value of Construction (including change orders):

Original Scheduled Completion Date:

Time Extensions Granted (number of days):

Actual Date of Completion:




                                 ***************




I, the undersigned, certify and declare that I have read all the foregoing answers to this
prequalification questionnaire and know their contents. The matters stated in the
questionnaire answers are true of my own knowledge and belief, except as to those matters
stated on information and belief, and as to those matters I believe them to be true. I declare
under penalty of perjury under the laws of the State of California, that the foregoing is
correct.


Dated:                                 _________________________
                                             (Name)




                                         15

                                       Page 40
    EXHIBIT “B”



UNIFORM SCORING SYSTEM




           1

         Page 41
               SCORABLE QUESTIONS AND THE SCORING INSTRUCTIONS

       The scorable questions arise in three different areas:

       (I)      History of the business and organizational performance;

       (II)     Compliance with occupational safety and health laws, workers’ compensation and
                other labor legislation; and

       (III)    Completion of recent projects and quality of performance.

Note: Not all questions in the questionnaire are scorable; some questions simply ask for
      information about the contractor firm’s structure, officers and history. This document
      includes only those questions that are “scorable.” The question numbers in this document
      are the numbers used in the questionnaire. Thus, the questions included here begin with
      question number 6, and there are a few breaks in the numerical sequence.

                            The Scores Needed for Prequalification

       To prequalify, a contractor would be required to have a passing grade within each of the
       three large categories referred to above.

       For Section I, “History of the business and organizational performance,”
       DIR recommends use of a passing score of 57 on this portion of the questionnaire (of a
       maximum score of 76 on this portion of the questionnaire).

       For Section II, Compliance with occupational safety and health laws, workers’
       compensation and other labor legislation DIR recommends use of a passing score of 38
       on this portion of the questionnaire (of a maximum score of 53 points on this portion of
       the questionnaire).

       Section III, Completion of recent projects and quality of performance, includes a single
       question for the contractor and a series of thirteen (13) interview questions for owner
       contacts, and may also include questions about recently completed (public or private)
       construction projects. The questions and recommended scoring is adopted from the
       Department of Industrial Relations Model Interview Questions. The MWA will
       interview project managers for the owners of two completed projects. The maximum
       score is 120 points for each interview. Under this section, the contractor must achieve a
       minimum score of 72 points on each of the two interviews, and is denied pre-
       qualification for a score on either interview is less than 55 points. An additional
       interview with another reference is required if the score resulting from one interview is
       between 55 points and 72 points.




                                                 2

                                              Page 42
       Questions about History of the Business and Organizational Performance
                                     (16 questions)

1.   How many years has your organization been in business in California as a contractor under
     your present business name and license number?            years

     3 years or more = 2 points
     4 years = 3 points    5 years = 4 pts.
     6 years or more = 5 points

2.   Is your firm currently the debtor in a bankruptcy case?
         Yes             No

     “No” = 3 points“      “Yes” = 0 points

3.   Was your firm in bankruptcy any time during the last five years? (This question refers
     only to a bankruptcy action that was not described in answer to question 7, above).
         Yes            No

     “No” = 3 points“       “Yes” = 0 points

4.   Has any CSLB license held by your firm or its Responsible Managing Employee (RME)
     or Responsible Managing Officer (RMO) been suspended within the last five years?
         Yes          No

     No = 5 points Yes = 0 points

5.   At any time in the last five years, has your firm been assessed and paid liquidated
     damages after completion of a project, under a construction contract with either a public
     or private owner?
         Yes             No

     No projects with liquidated damages of more than $50,000, or one project with liquidated
     damages = 5 points.

     Two projects with liquidated damages of more than $50,000 = 3 points

     Any other answer: no points




                                                3

                                              Page 43
6.   In the last five years has your firm, or any firm with which any of your company’s owners,
     officers or partners was associated, been debarred, disqualified, removed or otherwise
     prevented from bidding on, or completing, any government agency or public works project
     for any reason?
     NOTE: “Associated with” refers to another construction firm in which an owner,
     partner or officer of your firm held a similar position, and which is listed in response
     to question 1c or 1d on this form.
          Yes             No

     No = 5 points     Yes = 0 points

7.   In the last five years, has your firm been denied an award of a public works contract based
     on a finding by a public agency that your company was not a responsible bidder?
          Yes             No

     No = 5 points Yes = 0 points

                                      * * * * *
     NOTE: The following two questions refer only to disputes between your firm and the
     owner of a project. You need not include information about disputes between your
     firm and a supplier, another contractor, or subcontractor. You need not include
     information about “pass-through” disputes in which the actual dispute is between a
     sub-contractor and a project owner. Also, you may omit reference to all disputes
     about amounts of less than $50,000.

8.   In the past five years, has any claim against your firm concerning your firm’s work on a
     construction project, been filed in court or arbitration?
          Yes             No

     If the firm’s average gross revenue for the last three years was less than
     $50 million, scoring is as follows:

     5 points for either “No” or “Yes” indicating 1 such instance.
     3 points for “Yes” indicating 2 such instances.
     0 points for “Yes” if more than 2 such instances.

     If your firm’s average gross revenue for the last three years was more than $50
     million, scoring is as follows:

     5 points for either “No” or “Yes” indicating 1, 2, or 3 such instances.
     3 points for “Yes” indicating either 4 or 5 such instances.
     0 points for “Yes” if more than 5 such instances.




                                               4

                                            Page 44
9.    In the past five years, has your firm made any claim against a project owner concerning
      work on a project or payment for a contract, and filed that claim in court or
      arbitration?
           Yes            No

      If your firm’s average gross revenues for the last three years was less than $50 million
      scoring is as follows:

      5 points for either “No” or “Yes” indicating 1 such instance.
      3 points for “Yes” indicating 2 such instances.
      0 points for “Yes” if more than 2 such instances.

      If your firm’s average gross revenues for the last three years was more than $50
      million, scoring is as follows:

      5 points for either “No” or “Yes” indicating 1, 2, or 3 such instances.
      3 points for “Yes” indicating either 4 or 5 such instances.
      0 points for “Yes” if more than 5 such instances.

10.   At any time during the past five years, has any surety company made any payments on
      your firm’s behalf as a result of a default, to satisfy any claims made against a
      performance or payment bond issued on your firm’s behalf in connection with a
      construction project, either public or private?
          Yes            No

      5 points for either “No” or “Yes” indicating 1 such claim.
      3 points for “Yes” indicating no more than 2 such claims
      Subtract five points for “Yes” if more than 2 such claims

11.   In the last five years, has any insurance carrier, for any form of insurance, refused to
      renew the insurance policy for your firm?
           Yes             No

      5 points for either “No” or “Yes” indicating 1 such instance.
      3 points for “Yes” indicating 2 such instances.
      0 points for “Yes” or if more than 2 such instances.

12.   Has your firm, or any of its owners, officers, or partners ever been found liable in a civil
      suit, or found guilty in a criminal action, for making any false claim or material
      misrepresentation to any public agency or entity?
           Yes            No
      No = 5 points Yes = subtract 5 points




                                                5

                                             Page 45
13.   Has your firm, or any of its owners, officers or partners ever been convicted of a crime
      involving any federal, state, or local law related to construction?
          Yes            No

      No = 5 points Yes = subtract 5 points

14.   Has your firm or any of its owners, officers or partners ever been convicted of a federal or
      state crime of fraud, theft, or any other act of dishonesty?
           Yes            No

      No = 5 points Yes = subtract 5 points

15.   If your firm was required to pay a premium of more than one per cent for a performance
      and payment bond on any project(s) on which your firm worked at any time during the
      last three years, state the percentage that your firm was required to pay. You may
      provide an explanation for a percentage rate higher than one per cent, if you wish to do
      so.

      __________________%

      5 points if the rate is no more than one per cent
      3 points if the rate was no higher than 1.10 per cent.
      0 points for any other answer.

16.   During the last five years, has your firm ever been denied bond credit by a surety company,
      or has there ever been a period of time when your firm had no surety bond in place during a
      public construction project when one was required?
          Yes             No

      No = 5 points Yes = 0 points




                                                6

                                             Page 46
             Questions about compliance with safety, workers compensation,
                        prevailing wage and apprenticeship laws.
                                     (11 questions)

1.   Has CAL OSHA cited and assessed penalties against your firm for any “serious,” “willful”
     or “repeat” violations of its safety or health regulations in the past five years?

     Note: If you have filed an appeal of a citation and the Occupational Safety and Health
     Appeals Board has not yet ruled on your appeal, you need not include information
     about it.
        Yes             No

     If the firm’s average gross revenues for the last three years was less than $50 million,
     scoring is as follows:

     5 points for either “No” or “Yes” indicating 1 such instance.
     3 points for “Yes” indicating 2 such instances.
     0 points for “Yes” if more than 2 such instances.

     If the firm’s average gross revenues for the last three years was more than $50 million,
     scoring is as follows:

     5 points for either “No” or “Yes” indicating 1, 2, or 3 such instances.
     3 points for “Yes” indicating either 4 or 5 such instances.
     0 points for “Yes” if more than 5 such instances.

2.   Has the federal Occupational Safety and Health Administration cited and assessed
     penalties against your firm in the past five years?
     Note: If you have filed an appeal of a citation and the appropriate appeals Board
     has not yet ruled on your appeal, you need not include information about it.
          Yes            No
     If yes, attach a separate signed page describing each citation.

     If the firm’s average gross revenues for the last three years was less than $50 million,
     scoring is as follows:

     5 points for either “No” or “Yes” indicating 1 such instance.
     3 points for “Yes” indicating 2 such instances.
     0 points for “Yes” or if more than 2 such instances.

     If the firm’s average gross revenues for the last three years was more than $50
     million, scoring is as follows:

     5 points for either “No” or “Yes” indicating 1, 2, or 3 such instances.
     3 points for “Yes” indicating either 4 or 5 such instances.
     0 points for “Yes” if more than 5 such instances.


                                             7

                                           Page 47
3.   Has the EPA or any Air Quality Management District or any Regional Water Quality
     Control Board cited and assessed penalties against either your firm or the owner of a
     project on which your firm was the contractor, in the past five years?
     NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet
     ruled on your appeal, or if there is a court appeal pending, you need not include
     information about the citation.
         Yes           No


     If the firm’s average gross revenues for the last three years was less than $50 million,
     scoring is as follows:

     5 points for either “No” or “Yes” indicating 1 such instance.
     3 points for “Yes” indicating 2 such instances.
     0 points for “Yes” or if more than 2 such instances.

     If the firm’s average gross revenues for the last three years was more than $50 million,
     scoring is as follows:
     5 points for either “No” or “Yes” indicating 1, 2, or 3 such instances.
     3 points for “Yes” indicating either 4 or 5 such instances.
     0 points for “Yes” if more than 5 such instances.

4.   How often do you require documented safety meetings to be held for construction
     employees and field supervisors during the course of a project?

     ______________________

     3 points for an answer of once each week or more often.
     0 points for any other answer




                                             8

                                           Page 48
5.   List your firm’s Experience Modification Rate (EMR) (California workers’ compensation
     insurance) for each of the past three premium years:
     NOTE: An Experience Modification Rate is issued to your firm annually by your
     workers’ compensation insurance carrier.

     Current year: ____________________
     Previous year: ____________________
     Year prior to previous year: ____________________
     If your EMR for any of these three years is or was 1.00 or higher, you may, if you wish,
     attach a letter of explanation.

     NOTE: An Experience Modification Rate is issued to your firm annually by your
     workers’ compensation insurance carrier.

     5 points for three-year average EMR of .95 or less
     3 points for three-year average of EMR of more than .95 but no more than 1.00
     0 points for any other EMR

6.   Within the last five years, has there ever been a period when your firm had employees but
     was without workers’ compensation insurance or state-approved self-insurance?
        Yes               No

     5 points for either “No” or “Yes” indicating 1 such instance.
     0 points for any other answer.

7.   Has there been more than one occasion during the last five years on which your firm was
     required to pay either back wages or penalties for your own firm’s failure to comply with the
     state’s prevailing wage laws?
         Yes             No
     NOTE: This question refers only to your own firm’s violation of prevailing wage laws,
     not to violations of the prevailing wage laws by a subcontractor.

     If your firm’s average gross revenues for the last three years was less than $50 million,
     scoring is as follows:

     5 points for either “No,” or “Yes” indicating either 1 or 2 such instance.
     3 points for “Yes” indicating 3 such instances.
     0 points for “Yes” and more than 3 such instances.

     If your firm’s average gross revenues for the last three years was more than $50
     million, scoring is as follows:

     5 points for either “No” or “Yes” indicating no more than 4 such instances.
     3 points for “Yes” indicating either 5 or 6 such instances.
     0 points for “Yes” and more than 6 such instances.



                                               9

                                            Page 49
8.   During the last five years, has there been more than one occasion on which your own firm
     has been penalized or required to pay back wages for failure to comply with the federal
     Davis-Bacon prevailing wage requirements?
         Yes             No
     If your firm’s average gross revenues for the last three years was less than $50 million,
     scoring is as follows:

     5 points for either “No,” or “Yes” indicating either 1 or 2 such instance.
     3 points for “Yes” indicating 3 such instances.
     0 points for “Yes” and more than 3 such instances.

     If your firm’s average gross revenues for the last three years was more than $50
     million, scoring is as follows:
     5 points for either “No” or “Yes” indicating no more than 4 such instances.
     3 points for “Yes” indicating either 5 or 6 such instances.
     0 points for “Yes” and more than 6 such instances.

9.   Provide the name, address and telephone number of the apprenticeship program
     sponsor(s) (approved by the California Division of Apprenticeship Standards) that will
     provide apprentices to your company for use on any public work project for which you
     are awarded a contract by [Public Entity].
     _____________________________________________________

     _____________________________________________________

     5 points if at least one approved apprenticeship program is listed.
     0 points for any other answer.




                                             10

                                           Page 50
10.   If your firm operates its own State-approved apprenticeship program:

      (a)    Identify the craft or crafts in which your firm provided apprenticeship training in
             the past year.

      (b)    State the year in which each such apprenticeship program was approved, and
             attach evidence of the most recent California Apprenticeship Council approval(s)
             of your apprenticeship program(s).

      (c)    State the number of individuals who were employed by your firm as apprentices
             at any time during the past three years in each apprenticeship and the number of
             persons who, during the past three years, completed apprenticeships in each craft
             while employed by your firm.

       5 points if one or more persons completed an approved apprenticeship while employed
      by your firm.

      0 points if no persons completed an approved apprenticeship while employer by your
      firm.

11.   At any time during the last five years, has your firm been found to have violated any
      provision of California apprenticeship laws or regulations, or the laws pertaining to use of
      apprentices on public works?
      NOTE: You may omit reference to any incident that occurred prior to January 1,
      1998 if the violation was by a subcontractor and your firm, as general contractor on
      a project, had no knowledge of the subcontractor’s violation at the time they
      occurred.
           Yes            No.
      If yes, provide the date(s) of such findings, and attach copies of the Department’s final
      decision(s).

      If your firm’s average gross revenues for the last three years was less than $50 million,
      scoring is as follows:

      5 points for either “No,” or “Yes” indicating either 1 or 2 such instance.
      3 points for “Yes” indicating 3 such instances.
      0 points for “Yes” and more than 3 such instances.

      If your firm’s average gross revenues for the last three years was more than $50
      million, scoring is as follows:

      5 points for either “No” or “Yes” indicating no more than 4 such instances.
      3 points for “Yes” indicating either 5 or 6 such instances.
      0 points for “Yes” and more than 6 such instances.




                                               11

                                             Page 51
                        Question concerning recent construction projects completed:
                                   (1 question plus 13 interview questions)

1.      Contractor shall provide information about its six most recently completed public works
        projects and its three largest completed private projects within the last three years.1 Names
        and references must be current and verifiable. Use separate sheets of paper that contain all
        of the following information:

        Project Name:
        Location:
        Owner:
        Owner Contact (name and current phone number):



        Architect or Engineer:________________________________________

        Architect or Engineer Contact (name and current phone number):



        Construction Manager (name and current phone number):



        Description of Project, Scope of Work Performed:



        Total Value of Construction (including change orders):

        Original Scheduled Completion Date:

        Time Extensions Granted (number of days):

        Actual Date of Completion:




        1
         If you wish, you may, using the same format, also provide information about other projects that you have
completed that are similar to the project(s) for which you expect to bid.

                                                       12

                                                     Page 52
                                        Interview Questions

The following questions will be used to interview randomly selected contacts from at least two
completed projects. The MWA will conduct the interviews. No action on the contractor’s part is
necessary. These questions are included on the package given to the contractor for information
only.

The highest possible score is 120 Points. A score less than 55 points disqualifies a contractor
from bidding on projects that are proposed by the MWA. A score of between 56 and 72
indicates that the MWA should conduct an interview of another contact, that is, a manager of
another completed project. A score of 72 or higher on each of two interviews is sufficient for
pre-qualification.


       First, please give a brief description of the project.

1.     Are there any outstanding stop notices, liens, or claims by the contractor that are currently
       unresolved on contracts for which notices of completion were recorded more than 120 days
       ago? (1 point for each is deducted from overall score; maximum amount to be deducted is 5
       points)

2.     On a scale of 1-10, with 10 being the best, did the contractor provide adequate personnel?
       (Max. 10 points)

3.     On a scale of 1-10, with 10 being the best, did the contractor provide adequate supervision?
       (Max. 10 points)

4.     On a scale of 1-10, with 10 being the best, was there adequate equipment provided on the
       job? (Max. 10 points)

5.     On a scale of 1-10, with 10 being the best, was the contractor timely in providing reports
       and other paperwork, including change order paperwork and scheduling updates? (Max. 10
       points)

6.      On a scale of 1-10, with 10 being the best, did the contractor adhere to the project schedule
       that your [agency] [business] approved? (Max. 10 points)

7.     Was the project completed on time? (10 points if the answer is “Yes”).
       Or, if the answer is “no,” on a scale of 1-10, with 10 being the best, to what extent was
       the contractor responsible for the delay in completion?

8.     On a scale of 1-10, with 10 being the best, rate the contractor on the timely submission of
       reasonable cost and time estimates to perform change order work. (Max. 10 points)




                                                   13

                                                 Page 53
9.    On a scale of 1-10, with 10 being the best, rate the contractor on how well the contractor
      performed the work after a change order was issued, and how well the contractor
      integrated the change order work into the existing work. (Max. 10 points).

10.   On a scale of 1-10, with 10 being the best, rate how has the contractor been performing in
      the area of turning in Operation & Maintenance manuals, completing as-built drawings,
      providing required training and taking care of warranty items? (Max. 10 points)

11.   On a scale of 1-10, with 10 being the best, rate the contractor on whether there were an
      unusually high number of claims, given the nature of the project, or unusual difficulty in
      resolving them. (Max. 10 points)

12.   On a scale of 1-10, with 10 being the highest, rate the contractor with respect to timely
      payments by the contractor to either subcontractors or suppliers. (If the person being
      interviewed knows of no such difficulties, the score on this question should be “10.”)

13.   On a scale of 1-10, with 10 being the best, how would you rate the quality of the work
      overall? (Max. 10 points)




                                              14

                                            Page 54
Mojave Water Agency


DATE:        September 24, 2009

TO:          Board of Directors

FROM:        Kirby Brill, General Manager

BY:          Kathy Cortner, Chief Financial Officer

SUBJECT: CONSIDER APPROVING THE UPDATED PERSONNEL POLICIES AND
         PROCEDURES


RECOMMENDATION

Staff recommends that the Board of Directors consider approving the updated
Personnel Policies and Procedures.

PREVIOUS CONSIDERATION BY COMMITTEE/BOARD OF DIRECTORS

   •   Personnel, Finance & Security Committee – September 15, 2009: The
       Committee recommended this item be brought to the Board for approval.

BACKGROUND

The Agency last updated the Personnel Policies and Procedures in 2003, with minor
updates since then. As part of the normal review process, the Personnel Policies and
Procedures should be periodically reviewed and updated in its entirety, normally every
three to five years. Staff has been working with legal counsel to ensure the Agency’s
Personnel Policies and Procedures are also up-to-date with legal requirements.

ANALYSIS

The policy changes being recommended are, for the most part, clarification of existing
policy and practice. However, a couple of changes that are not simply clarifying
language are:
    • Section 5.03 was amended to allow the General Manager to implement furlough
       days. This change is at the recommendation of legal counsel.
    • Section 8.09 C. was amended to allow the Top of Scale payments to be made
       over a twelve month period, rather than in lump sum. The title was also changed
       and wording added to better explain how the Top of Scale payments work. This
       was done at the request of PERS in order to clarify that this is a salary payment
       and should be included as PERSable income.



                                         Page 55
   •   Section 9.02, Medical Leave of Absence for Non-Occupational Disabilities was
       rewritten by legal counsel in order to be FMLA compliant. In addition, sections
       9.02 and 9.03 (leave for occupational disabilities) was rewritten to provide
       consistency between the two in how the Agency treats employees on FMLA
       leave.
   •   Section 19.01 was amended to remove the Board of Directors as part of the
       grievance procedure. This was done at the recommendation of legal counsel.
   •   Section 21 has been added, at the recommendation of the auditors, to include a
       Fraud Policy.

FISCAL IMPACT

There is no fiscal impact associated with this item.




                                          Page 56
Personnel Policies and Procedures                                       DRAFT/2009


)




                          PERSONNEL POLICIES AND PROCEDURES



                                    Originally Adopted June 1, 1991



                                     AMENDED December 4, 2003
                                       Via Resolution 763-03

                                    AMENDED November 26, 2007
                                          Section 9.05


                                     Amended September 11, 2008
                                           Section 10.07




                                                              Page 57
Personnel Policies and Procedures                                                                                                          DRAFT/2009




SECTION 1. DEFINITIONS.                                                                                                                                       11111

SECTION 2. GENERAL PROVISIONS.                                                                                                                                44433
  2.01.   Adoption: ............................................................................................................................... 44433
  2.02.   Purpose: ................................................................................................................................. 44433
  2.03.   Prior policies repealed:........................................................................................................... 44433
  2.04.   Violation of Personnel Policy: ............................................................................................... 44433
  2.05.   Non-Discrimination: .............................................................................................................. 44433
  2.06.   Amendment: ........................................................................................................................... 44433
  2.07.   Equal Employment Opportunity: ........................................................................................... 44433
  2.08.   Security Codes, Identification Cards and Keys: ..................................................................... 55533
  2.09.   Standard of Conduct: ............................................................................................................. 55544
  2.10.   Supplemental Rules: .............................................................................................................. 55544
  2.11.   Manager's Authority: ............................................................................................................. 55544
  2.12.   Statutory Provisions: .............................................................................................................. 55544
  2.13.   Copy of Rules: ....................................................................................................................... 55544
  2.14.   Outside Employment: ............................................................................................................ 55544

SECTION 3. HIRING PROCEDURES.                                                                                                                                 66655
  3.01.   Selection Procedures: ............................................................................................................. 66655
  3.02.   Eligibility: .............................................................................................................................. 66655
  3.03.   Application:............................................................................................................................ 66655
  3.04.   Disqualification: ..................................................................................................................... 77765
  3.05.   Filling Vacancies: .................................................................................................................. 77766
  3.06.   Appointment: ......................................................................................................................... 77766
  3.07.   Examination: .......................................................................................................................... 77766
  3.08.   Notification of Examination Results and Review of Papers: ................................................. 77766
  3.09.   Immigration Law Compliance: .............................................................................................. 88876
  3.10.   Disability Accommodation: ................................................................................................... 88877

SECTION 4. EMPLOYMENT.                                                                                                                                        99987
  4.01.   Working Hours: ..................................................................................................................... 99987
  4.02.   Attendance: ............................................................................................................................ 99988
  4.03.   Personnel Changes ................................................................................................................. 99988




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Personnel Policies and Procedures                                                                                                           DRAFT/2009


  4.04.       Classifications: ....................................................................................................................... 99988
  4.05.       Probationary and Regular Employees: ............................................................................. 10101099

SECTION 5. INVOLUNTARY TERMINATION OF EMPLOYMENT/ CHANGE IN STATUS.                                                                                              10101099
  5.01.       Dismissal, Suspension or Demotion: ............................................................................... 11101099
  5.02.       Involuntary Resignation For Cause:............................................................................. 1111111010
  5.03.       Involuntary Termination (Lay-Off):............................................................................. 1211111010
  5.04.       Procedures for Lay-Off: ............................................................................................... 1211111010
  5.05.       Recall: .......................................................................................................................... 1212121111

SECTION 6. VOLUNTARY TERMINATION OF EMPLOYMENT/ RESIGNATION.                                                                                                   1313121111

SECTION 7.           BENEFITS ELIGIBILITY:                                                                                                                     1313131111

SECTION 8. COMPENSATION:                                                                                                                                       1313131211
  8.01.       Paydays: ....................................................................................................................... 1313131211
  8.02.       Method of Calculation: ................................................................................................ 1313131211
  8.03.       Responsibility for Payroll Preparation: ........................................................................ 1313131212
  8.04.       Overtime Pay: .............................................................................................................. 1313131212
  8.05.       Salary Schedule:........................................................................................................... 1414141212
  8.06.       Payroll Deductions: ...................................................................................................... 1514141312
  8.07.       Performance-based Evaluation Process: ...................................................................... 1515141313
  8.08.      Salary Review Process: ................................................................................................ 1616151313
     A.      Annual Salary Range Review Process:                                                                                                               1616161413
     B.      Annual Budget Review Process:                                                                                                                     1616161414
     C.      Top of Scale:                                                                                                                                     1616161414
     D.      Promotions/Transfers                                                                                                                              1716161414
     E.    Position Reclassification:                                                                                                                          1717171414
  8.09.     Position Review Process: ............................................................................................. 1717171515
     New Position Development and Review Process                                                                                                               1717171515
     Existing Position Review Process                                                                                                                          1817171515
     Interim or Temporary Positions within the Same Salary Range                                                                                               1818171515
     Interim or Temporary Positions with a Higher Salary Range                                                                                                 1818181616
     Interim or Temporary Positions with Multiple Salary Ranges                                                                                                1918181616

SECTION 9. EMPLOYEE BENEFITS.                                                                                                                                  1918181616
  9.01.       Sick Leave:................................................................................................................... 1918181616
  9.02.       Medical Leaves of Absence For Non-Occupational Disabilities. ................................ 2020191717
  9.03.       Medical Leaves of Absence for Occupational Disabilities. ............................................... 6762218
  9.04.       Other Leaves Without Pay. ................................................................................................ 8882319
  9.05.       Authorized Leaves. ............................................................................................................ 8882420

SECTION 10. INSURANCE.                                                                                                                                            9992521
  10.01.     Flexible Benefits Plan: The Agency will maintain a Flexible Benefits Plan (Plan) and all employees in regular
  positions shall be eligible to participate in said plan. Each employee may select among the options indicated and specify
  what portion of Plan monies will be applied to selected options. Selection must be in increments of $1.00. Any portion of
  the total monthly dollars not utilized shall be reimbursed to the employee as taxable income. The Agency has agreed to
  contribute $950.00 per month, per employee as of this writing. ........................................................ 9992521




                                                                                                               Page 59
Personnel Policies and Procedures                                                                                                           DRAFT/2009


  10.02.        Pool Expenses Reimbursement: ......................................................................................... 9992521
  10.03.        Life Insurance: ............................................................................................................... 262692521
  10.04.        Health Plan Insurance: ................................................................................................. 2626262521
  10.05.        Dental Insurance: ......................................................................................................... 2626262621
  10.06.        Vision Insurance: ......................................................................................................... 2626262621
  10.07.        Retirement, Disability and Death Benefits:.................................................................. 2626262621
  10.08.        Standard and Long-Term Disability Insurance: Coverage .......................................... 2626262622

SECTION 11. VACATIONS.                                                                                                                                         2626262622
  11.01.        Vacations: .................................................................................................................... 2626262622
  11.02.        Approval: ..................................................................................................................... 2626262622
  11.03.        Earned Vacation: .......................................................................................................... 2627262622
  11.04.        Bi-Weekly .................................................................................................................... 2727272622
  11.05.        Adjustments: ................................................................................................................ 2727272622
  11.06.        Accumulated Vacation Time: ...................................................................................... 2727272622
  11.07.        Termination: ................................................................................................................. 2727272722
  11.08.        Vacation as Sick Leave: ............................................................................................... 2727272722
  11.09.        Holidays During Vacation: .......................................................................................... 2727272723
  11.10.        New Employees: .......................................................................................................... 2727272723
  Scheduling: .................................................................................................................................. 2727272723
  Procedure: .................................................................................................................................... 2828282723

SECTION 12. HOLIDAYS.                                                                                                                                          2828282723
  12.01.        Fixed Holidays: ............................................................................................................ 2828282723
  12.02.        New and Terminating Employees: ............................................................................... 2828282825
  12.03.        Weekend Holidays: ...................................................................................................... 2828282825

SECTION 13. REIMBURSEMENT.                                                                                                                                     2829282825
  13.01         Use of Private Vehicle: ................................................................................................ 2829282825
  13.02.        Other Incidental Expenses: .......................................................................................... 2929292925
  13.03.        Expense Vouchers:. ...................................................................................................... 2929292925
  13.04.        Educational Assistance: ............................................................................................... 2929292925

SECTION 14. ATTENDANCE AT CONFERENCES AND MEETINGS.                                                                                                            3030302926

SECTION 15. PETTY CASH.                                                                                                                                        3030302926

SECTION 16. USE OF CREDIT CARDS.                                                                                                                               3030303026
  16.01.        Authorization: .............................................................................................................. 3030303026
  16.02.        Responsible Party:........................................................................................................ 3030303026
  16.03.        Official Business: ......................................................................................................... 3031303026

SECTION 17. WORK PERFORMANCE.                                                                                                                                  3131303027
  17.01.        Conduct. ....................................................................................................................... 3131313027




                                                                                                                Page 60
Personnel Policies and Procedures                                                                                                       DRAFT/2009


  17.02.   Attendance. .................................................................................................................. 3131313027
  17.03.   Confidentiality and Non-Disclosure: ........................................................................... 3131313027
  17.04.   Use of Phone and Mail Systems: ................................................................................. 3131313127
  17.05    Computer and Email Usage: ........................................................................................ 3232323127
  17.06    Internet Usage: ............................................................................................................. 3233323227
  17.07.   Sexual and Other Unlawful Harassment: ..................................................................... 3434343429
  17.08.   Drug and Alcohol Use: ................................................................................................ 3636363531

SECTION 18. PERSONNEL RECORDS.                                                                                                                             3636363631
  18.01.   Inquiries: ...................................................................................................................... 3636363631
  18.02.   References:................................................................................................................... 3737373632
  18.03.   Inspection: .................................................................................................................... 3737373632
  18.04.   Retention: ..................................................................................................................... 3737373732
  18.05.   Medical Files:............................................................................................................... 3738373732
  18.06.   Removal: ...................................................................................................................... 3838383732

SECTION 19. GRIEVANCES.                                                                                                                                    3838383733
  19.01.   Process: ........................................................................................................................ 3838383733
    A.     Informal Step.                                                                                                                                  3838383733
    B.     Formal Step.                                                                                                                                    3838383833
  19.02.   Representation: ............................................................................................................ 3939383833

SECTION 20. DISCIPLINARY ACTIONS AND APPEAL PROCEDURE.                                                                                                     3939393834
  20.01.   Suspensions, Demotions, Reduction in Salary and Dismissal: .................................... 3939393834
  20.02.   Cause for Suspension, Demotion, Reduction in Salary , Dismissal ............................. 3939393834
  20.03.   Probationary Employee: ............................................................................................... 3939393834
  20.04.   Rules: ........................................................................................................................... 3939393834
  20.05.   Complaint Procedures: ................................................................................................. 3939393934
  20.06.   Notice of Proposed Action ........................................................................................... 4040393934
  20.07.   Limitations and Exceptions:......................................................................................... 4040404035
  20.08.   Order of Disciplinary Action: ...................................................................................... 4041404035
  20.09.   Appeal Procedure: ........................................................................................................ 4141414036
  20.10.   Hearing Procedure: ...................................................................................................... 4141414136
    A.     Review of the Appeal.                                                                                                                           4141414136
    B.     Hearing.                                                                                                                                        4242424137

Appendix A                                                                                                                                                 4745454439

MEDICAL EXPENSE REIMBURSEMENT POLICY AND PROCEDURES                                                                                                        4745454439

Appendix B                                                                                                                                                 5048484742

EDUCATIONAL REIMBURSEMENT FORM                                                                                                                             5048484742




                                                                                                            Page 61
SECTION 1. DEFINITIONS.
1.01.     Agency: The Mojave Water Agency.
1.02.     Anniversary Date: The date on which an employee originallyoriginally
          commences employment with the Agency.
1.03.     Applicant: An individual who has completed and submitted an application
          for employment with the Agency.
1.04.     Appointment: The offer to and acceptance by a person of a position, either
          on a regular or temporary basis.
1.05.     At-Will Employees: Employees that directly report to the General Manager
          are not protected by the Skelly rules which states an employee must be
          given a written notice of proposed disciplinary action. This means At-Will
          employees can be dismissed without causesubject to Section 4.06 of the
          Agency’s Personnel Rules for At-Will EmployeesPolicies and Procedures.
1.06.     Authorized Agency Employees: This constitutes department heads and
          supervisors.
1.07.     Classification:      Classes of positions defined by class specifications
          including title, which groups all positions with similar duties and the equitable
          schedules of compensation (range) within the same class.
1.08.     Demotion: A reassignment to a less responsible position for cause.
1.09.     Department: A major administrative branch of the Agency involving a
          general line of work, with one or more employees under the charge of one or
          more individuals known as department heads.
1.10.     Department Head: The manager of an Agency department.
1.11.     Disciplinary Action: The discharge, demotion, reduction in pay, suspension
          and oral or written reprimand of an employee.
1.12.     Discharge: Involuntary termination of employment with the Agency.
1.13.     Eligible Employee:             A   regular employee           who      has completed his
          probationary period.
1.14.     Employee: A person who is legally occupying a position in the Agency's
          service or who is on an authorized leave of absence from such position.
1.15.     Exempt Employeei: OneAn employee who is paid a predetermined amount
          each pay period for his or her general value of service rather than on an
          hourly basis for work performed, and the salary is not subject to reduction
i
  And as defined by the U.S. Department of Labor in Section 13(a)(1) of the Fair Labor Standards Act as
defined by Regulations, 29 CFR Part 541.                                                                  Formatted: Font: 12 pt



                                                     1




                                                                      Page 62
Personnel Policies and Procedures                                                             DRAFT/2009




          because of variations in the quality or quantity of the work performed or the
          number of days or hours actually worked, and who has supervisory and
          management responsibilities and the ability to exercise discretionary
          authority over other employeessalary and is exempt from overtime pay.ii
1.16.     General Employee: Any employees of the Agency except those employees
          specifically designated as at-will employees under the Agency’s Personnel
          Policies and Procedures for At-Will Employees or any other ordinance or
          resolution of the Agency.                                                                        Formatted: Font: Not Bold


1.16.1.17.   Grievance: A complaint or disagreement with how the rules and
        regulations affect an employee or a group of employees.
1.18.     Grievance Procedure: The systematic means by which an employee may
          obtain consideration of a grievance.
                                                                                                           Formatted: List Paragraph, Left, No bullets or
                                                                                                           numbering
1.19.     He/His: All references in this document to “he” and “his” shall also apply to
          “she” and “her.”
                                                                                                           Formatted: List Paragraph, Left, No bullets or
                                                                                                           numbering
1.17.1.20.   Hourly Employee: An employee who is appointed to work on an
        hourly basis as required by the Agency, not to exceed nineteen (19) hours in                       Formatted: Font: Bold

        any work week.

1.18.1.21.   Leave of Absence: Paid or unpaid leave granted to an employee at
        the discretion of the General Manager.
1.19.1.22.    Military Leave:           Leave on official orders for the purpose of active
        military duty.
1.23.     Performance Evaluation: A review and evaluation of an employee's
          performance and capabilities in the employee's authorized position by the
          employee's immediate supervisor or department head.
                                                                                                           Formatted: List Paragraph, Left, No bullets or
                                                                                                           numbering
1.20.1.24.   Probationary Employee: An employee who, has not yet passed his or
        her probationary period, .
1.21.1.25.   Probationary Period: A specific 12 month period during which the
        employee is required to demonstrate his fitness for the duties of the position
        to which the employee has been appointed by actual performance of these
        duties.
1.22.1.26.   Promotion: Advancement to a higher salary range, with an increase in
        responsibility.



ii
  And as defined by the U.S. Department of Labor in Section 13(a)(1) of the Fair Labor Standards Act as
defined by Regulations, 29 CFR Part 541.


                           2                                               Final




                                                                     Page 63
Personnel Policies and Procedures                                          DRAFT/2009




1.23.1.27.  Regular Employee: An employee working forty (40) hours per week or
        more.
1.24.1.28.   Regular Part-Time Employee: An employee who regularly works less
        than forty (40) hours per week.
1.25.1.29.   Related Person: Any person related by blood, marriage, or adoption to
        a current Agency employee.
1.30.    Resignation: Voluntary separation from the Agency by an employee.              Formatted: No underline
                                                                                        Formatted: List Paragraph, Left, No bullets or
1.26.1.31.   Temporary Employee: An employee assigned to a limited period of            numbering

        employment of one year or less, which may be on a full-time or part-time        Formatted: Font: Bold
        basis, as determined by the Agency.

1.27.1.32.     Termination: Separation of an employee without prejudice.
1.28.1.33.   Work Week: The Agency works a 9-80 work week, which equals four
        (4) days at nine (9) hours per day, and eight (8) hours on the fifth day
        (Friday), with nine (9) hours per day for four (4) days on the alternating
        weeks. For overtime purposes, a work week shall begin at the mid-point of
        the alternating Friday’s worked.




                        3                                  Final




                                                      Page 64
Personnel Policies and Procedures                                         DRAFT/2009




SECTION 2. GENERAL PROVISIONS.
2.01. Adoption: Whereas, the Board of Directors of the Agency desires to provide
      and maintain a system of official rules concerning pay and personnel
      administration for its employees, it adopts the following amendments to the
      Personnel RulesPolicies and Procedures as of April 10June __, 20038August
      27, 2009.

2.02. Purpose: The purpose of theis Personnel Policies and Procedures Mmanual
      is to provide guidance in the application of a fair personnel management policy
      which promotes the efficient and economical delivery of Agency services. This
      manual does not create any contract of employment, express or implied, or
      any rights in the nature of a contract

2.03. Prior policies repealed: In the event that the terms and provisions of this
      Personnel Policies and Procedures manual are inconsistent or in conflict with
      the terms and provisions of any prior Agency personnel policy and procedures,
      resolutions, or rules and regulations governing the same subject, the terms of
      this Policies and Procedures Manual shall prevail, and such inconsistent or
      conflicting provisions or prior resolutions, rules and regulations, etc. are
      hereby repealed.

2.04. Violation of Personnel Policy: Violation of these Personnel Policies and
      Procedures as adopted shall constitute grounds for rejection or for
      suspension, demotion, discharge or other disciplinary action deemed
      appropriate in the discretion of Agency management.

2.05. Non-Discrimination: The Mojave Water Agency shall comply with applicable
      Federal and State laws governing fair employment practice and equal
      opportunity. The Agency shall not discriminate for or against any person based
      on race, creed, color, religion, national origin, sex, age, political opinion,
      disability, medical condition, marital status or sexual orientation.

2.06. Amendment: Subject to the applicable requirements of Government Code
      Section 3500 et seq., Tthese rules may be amended at any time by action of
      the Agency's Board of Directors provided, however, that those provisions of
      Government Code Section. have been met. Employees will be notified of such
      changes in writing and they will be posted on the Agency bulletin board.

2.07. Fair and Equal Employment Opportunity: It is the policy of the Agency to
      employ, retain, promote, terminate, and otherwise treat all employees and job
      applicants on the same basis of merit, qualifications and competence. This
      policy shall be applied without regard to any individual's sex, race, color,
      religion, national origin, ancestry, pregnancy, age, marital status, medical
      condition or physical handicap.



                        4                                  Final




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2.08. Security Codes, Identification Cards and Keys: Keys to Agency facilities
      and related security access codes will be issued to employees so designated
      by the General Manager or his designee. Keys are the property of the Agency
      and shall be surrendered to the Agency prior to extended leave of absence
      and/or upon termination or resignation and prior to receiving payment of salary
      due at termination or resignation. Employees shall be required to immediately
      report lost or stolen identification cards to the FinanceAgency’s Human
      Resources Department.

2.09. Standard of Conduct: It is the policy of the Agency to provide a neutral work
      environment free from discrimination, including unwelcome sexual overtures
      and advances. Agency employees are expected to adhere to a standard of
      conduct that is respectful and courteous to all persons. All employees are to
      be treated with respect, courtesy and tact. Conduct that is personally
      offensive to others will not be tolerated. Abusing the dignity of anyone through
      ethnic, sexist or racial slurs or other derogatory or objectionable conduct may
      be cause for disciplinary action. Included in this area of offensive behavior are
      suggestive remarks, physical advances or intimidation.

2.10. Supplemental Rules: These rules do not preclude the General Manager
      from developing and administering supplemental personnel rules and
      regulations, as long as they do not conflict with these rules or other Agency
      resolutions and ordinances.

2.11. Manager's Authority: The General Manager is hereby authorized to make
      such administrative decisions as are necessary to implement these personnel
      rules and expedite Agency services.

2.12. Statutory Provisions: The Board of Directors is the governing body of the
      Agency and shall exercise all of its powers as provided for in California Water
      Code Appendix Sections 97-9 through 97-11 and Government Code Section.

2.13. Copy of Rules: A copy of this Personnel Policies and Procedures manual
      shall be made available to each employee of the Agency, and a copy shall be
      placed on file with the Agency.

2.14. Outside Employment: Employees may be allowed to work in off-duty jobs if
      such secondary employment is annually reported to the Agency along with the
      following requirements via the “EMPLOYEE REPORT ON OUTSIDE
      EMPLOYMENT” (this form can be found under
      \\frodo\public\forms\templates\personnel):
                                                                                          Formatted: Font: Arial, 12 pt
       A. Such secondary activities will not, either directly or indirectly: (1) be
                                                                                          Formatted: List Paragraph
          incompatible and/or conflict with the duties or interests of the Agency nor
          carry over into the employee’s regular duties with the Agency; (2)


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           adversely affect the employee’s ability to perform Agency duties; (3) be in
           conflict or in competition with the business of the Agency; (4) involve any
           financial interest in any contract, sale, or transaction to which the Agency is
           a party; or (5) involve work which is subject to review by the employee in
           their official capacity or by any other Agency employee or official. Such
           outside employment does not adversely affect the employee's ability to
           perform Agency duties.
        B. Before the employee’s acceptance thereof, employee must first advise the
           Agency's General Manager in writing of the intent and receive authorization
           in writing from the General Manager.
        C. Should the employee violate any of the requirements set forth herein, said
           violation may be cause for discipline, up to and including termination, in
           addition to any other grounds for discipline.
        D. The incompatibility or conflict may arise from a number of factors, including
           but not limited to, the following: either the time of the outside activities and
           their possible effect upon the employee’s availability for Agency
           employment; the nature of the outside activitiey, which might give rise to an
           actual or possible conflict of interest or incompatibility of office, or to a
           public belief that a conflict of interest may exist; or the nature of the outside
           activities causing sufficient fatigue or hazard so as to reduce the prospects
           of availability for Agency employment when and as needed and in proper
           physical condition to perform the duties required. In interpreting this
           condition, it shall be recognized that certain Agency positions require the
           availability of employees at times additional to their normal hours of
           employment.
        E. In addition to the foregoing, the employee shall at all times comply with all
           applicable provisions of the Agency's Conflict of Interest Code and
           Personnel Policies and Procedure, the requirements of Government Code
           Section 1090, and all other applicable provisions of law.

SECTION 3. HIRING PROCEDURES.
3.01.    Selection Procedures:          The General Manager shall appoint each
         employee. The General Manager shall establish selection procedures,
         which shall ensure the employment of the best qualified applicants, including
         such factors as education, experience, skills, knowledge, personal
         qualifications and potential for growth.

3.02.    Eligibility: All persons considered for employment with this Agency shall be
         qualified to perform the duties of the position for which they are considered.

3.03.    Application: Application shall be made on forms provided by the Agency,
         which shall comply with all applicable laws.


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3.04.    Disqualification: The General Manager shall reject any applicant who does
         not have the minimum qualifications required for the position or who has
         made any false statement of any material fact in his application.

3.05.    Filling Vacancies: When a regular vacancy occurs in an authorized
         position, the General Manager or his designee may attempt, whenever
         reasonable, to fill the vacant position with an existing Agency employee who
         is both qualified for the position and willing to accept the employment
         change. When the General Manager deems it better not to fill the vacancy
         with an Agency employee, the General Manager may fill the vacancy with a
         person who is not an Agency employee. The General Manager may
         determine that it is in the Agency's best interest to leave the position vacant.
         This section shall not be construed to limit in any way the General Manager's
         right to hire the most qualified person available to fill any vacancy.

3.06.    Appointment: The General Manager may make an appointment based on
         a personal interview with the applicant, using his best judgment as to the
         applicant's ability, experience and adaptability to the position for which they
         are applying.

3.07.    Examination: Prospective employees offered a position with the Agency
         shall be required to complete a pre-employment physical examination. Such
         examination shall be performed by a licensed physician or qualified medical
         professional chosen by the Agency without cost to the prospective
         employee. The prospective employee shall be required to complete a
         medical history questionnaire and a medical records release to facilitate the
         physical examination at the Agency’s preferred doctor’s office. The physician
         will indicate the employee's fitness for employment on the physical
         examination form. In the event the physical examination is not completed
         prior to the employee's scheduled start date, only a tentative appointment
         may be made. The prospective employee will also be required to undergo a
         urinalysis for drug screening purposes. Prospective employees will also be
         subject to a limited background check, including the job applicant’s criminal
         history as it relates to (1) convictions for crimes that are (i) relevant to the
         employment position sought and (ii) not within the statutorily-excluded
         classes, and (2) arrests for which the applicant is out on bail or on his or her
         own recognizance pending trial. Final appointment will be contingent on a
         satisfactory physical examination and background-check results and a
         negative result on drug screening urinalysis. Qualified disabled employees
         shall be reasonably accommodated..

3.08.    Notification of Examination Results and Review of Papers: Each
         candidate in an examination shall be given written notice of the result thereof
         upon request. Any candidate shall have the right to inspect his own


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         examination papers within five (5) working days after the notice of
         examination results are mailed.

3.09.    Immigration Law Compliance: The Agency is committed to employing only
         United States citizens and aliens who are authorized to work in the United
         States, and does not unlawfully discriminate on the basis of citizenship or
         national origin. In compliance with the Immigration Reform and Control Act
         of 1986, each new employee, as a condition of employment, must complete
         the Employment Eligibility Verification Form I-9 and present documentation
         establishing identity and employment eligibility. Former employees who are
         rehired must also complete the form if they have not completed an I-9 with
         the Agency within the past three years, or if their previous I-9 is no longer
         retained or valid.
         Employees may raise questions or complaints about immigration law
         compliance without fear of reprisal.

3.10.    Disability Accommodation: The Agency is committed to complying fully
         with the Americans with Disabilities Act (ADA) and the California Department
         of Fair Employment and Housing statutes and regulations to ensure equal
         opportunity in employment for qualified persons with disabilities. All
         employment practices and activities are conducted on a non-discriminatory
         basis.
        A. Assistance with Application: Hiring procedures have been reviewed and
           provide persons with disabilities meaningful employment opportunities.
           Upon request, assistance is available in completing job applications. Pre-
           employment inquiries are made only regarding an applicant's ability to
           perform the duties of the position.
        B. Reasonable Accommodation: Reasonable accommodation is available to
           all disabled employees where their disability affects the performance of job
           functions. All employment decisions are based on the merits of the
           situation in accordance with defined criteria, not the disability of the
           individual.
        C. Compensation: Qualified individuals with disabilities are entitled to equal
           pay and other forms of compensation (or changes in compensation) as well
           as in 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.
        D. Compliance: The Agency is also committed to not discriminating against
           any qualified employees or applicants because they are related to or
           associated with a person with a disability. The Agency will follow any State
           or local law that provides individuals with disabilities greater protection than
           the ADA. This policy is neither exhaustive nor exclusive. The Agency is
           committed to taking all other actions necessary to ensure equal



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           employment opportunity for persons with disabilities in accordance with the
           ADA and all other applicable Federal, State, and local laws.



SECTION 4. EMPLOYMENT.
4.01.    Working Hours: General office hours of the Agency shall be from 7:30 a.m.
         to 5:30 p.m., Mondays through Thursdays, and Fridays from 7:30 a.m. to
         4:30 p.m., except holidays. Every other Friday the office will be closed. The
         standard workweek is 9 hours per day up to 40 hours per week.

4.02.    Attendance:
        A. Employees shall make every effort to schedule personal appointments
           outside their working hours.
        B. The Agency will maintain records of employee attendance for the purpose
           of identifying critical and chronic attendance problems which may require
           corrective action.
        C. Employee attendance will be reviewed and considered by each supervisor
           when considering an employee's annual performance evaluation.


4.03.    Personnel Changes
        A. All actions affecting an employee's position, classification, salary, work
           department or payroll deductions shall be accomplished by completion of
           an "Employee Change Form." A copy of said form will be supplied at
           (\\Frodo\public\forms\templates\personnel forms) as well as in the Finance
           Department.
        B. It is the responsibility of each employee to promptly notify the Agency of
           any changes in personal data. Personal mailing addresses, telephone
           numbers,      number      and    names    of    dependents,     educational
           accomplishments, individuals to be contacted in the event of an
           emergency, and other such status reports should be accurate and current
           at all times.

4.04.    Classifications: All appointments shall be under one of the following types:
         A. Permanent Regular Full-Time. Employee will work the standard forty
            (40) hour week and receive compensation and benefits as herein
            provided.
         B. Permanent Regular Part-Time. Employee works less than the normal
            forty (40) hour workweek, but on a regular basis. Compensation and
            benefits are proportionate to that received for full-time work. However,
            vision, dental and life insurance coverages are available in full proportion


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             that received by normal full-time employees. Part-time employees are
             subject to the same standards of performance as normal full-time
             employees. Part-time employees are subject to all company policies,
             such as confidentiality, off-duty conduct, conflict of interest,
             discrimination, harassment, use of facilities, etc.
         C. Temporary Full-Time. Employees who hold a position which has been
            authorized by the Agency for only a limited period of time or for the
            duration of a specified project. Temporary full-time employees shall be
            employed as if for normal employment, and on appointment shall be
            given written notice of the limited nature of their employment and of the
            fact that they shall not earn the right to employment past the period
            authorized. Temporary full-time employees shall receive the same fringe
            benefits as normal full-time employees.
         D. Temporary Part-Time. If employees work on an hourly basis as
            required by the Agency, no benefits such as vacation, sick leave or
            vacation accrue, nor is vision, dental or life insurance available.

4.05.    Probationary and Regular Employees: All original appointments of
         employees shall be subject to a probationary period of twelve (12) months,
         which can be extended an additional 12 months if deemed necessary by the
         General Manger. A probationary employee may be dismissed without cause
         at any time during the probationary period. An employee who serves the
         required probationary period in a satisfactory manner shall be classified as a
         regular employee and shall be subject to dismissal only for cause. At-will
         employees who are defined as all employees that report directly to the
         General Manager and canmay be dimisseddismissed without cause at any
         time during their employment.

4.06     At-Will Employees: Notwithstanding anything herein to the contrary,              Formatted: Font: Bold
         temporary employees, hourly employees, and probationary employees are
         at-will employees of the Agency who serve at the pleasure of the Agency’s
         General Manager and may be disciplined, suspended, dismissed, given a
         reduction in pay, and/or terminated from their positions at any time by the
         General Manager without cause or prior notice and without any right of
         appeal. The General Manager is an at-will employee of the Agency who
         serves at the pleasure of the Agency’s Board of Directors and may be
         disciplined and/or terminated from his or her position pursuant to the terms
         of his or her employment agreement with the Agency.


SECTION 5. INVOLUNTARY TERMINATION OF EMPLOYMENT/
CHANGE IN STATUS.




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5.01.    Dismissal, Suspension or Demotion: The continued employment of
         regular general employees is contingent upon proper performance of
         assigned duties and personal fitness. At-will employees may be terminated
         with or without cause at any time. All regular general employees may be
         demoted, suspended or dismissed for cause following pre-termination
         proceedings as set forth in Section 20 of these Personnel Policies and
         Procedures and/or as otherwise required by law. The following list contains
         examples of conduct that may lead to the imposition of discipline, including
         possible dismissal, suspension or demotion. Examples of impermissible
         conduct that may lead to disciplinary action are identified below to promote
         understanding of what is considered unacceptable conduct; however, it is
         impossible to provide an exhaustive list, and, and the following list is not
         intended to be a complete list.
         A. Unsatisfactory performance.
         B. Insubordination, failure to obey Agency policies and procedures.
         C. Unexcused and/or repeated tardiness or absenteeism.
         D. Persistent discourteous treatment of the public or of fellow employees or
            other willful failure of good conduct tending to injure the public service.
         E. Evidence establishing careless conduct or willful disregard for the health
            and welfare of employees.
         F. Falsifying or making erroneous entries or material omissions on an
            employment application or other Agency records.
         G. Mishandling, misappropriation or unauthorized removal or possession of
            the funds and/or property of the Agency and/or any co-worker.
         H. Conviction of any felony or misdemeanor involving moral turpitude or
            dishonesty.
         I. Using, possessing or being under the influence of alcohol or unlawful
            drugs while on duty, while on Agency property, or while operating an
            Agency vehicle.
         J. Unauthorized political activity during the assigned hours of duty.
         K. Using Agency equipment for other than Agency needs.

5.02.    Involuntary Resignation For Cause: An involuntary resignation may result
         from the following:
         A. An employee who is absent five (5) or more consecutive work days
            without directly notifying his supervisor or the General Manager may be
            deemed to have resigned from Agency service.
         B. Failure to return from a leave of absence may be considered an
            automatic resignation.



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5.03.    Involuntary Termination (Lay-Off): Whenever it becomes necessary to
         reduce the number of employees because of lack of work, lack of funds or in
         the interest of economy, the General Manager shall have the authority to
         implement the use of furlough days at his or her discretion and/or approve
         the specific positions to be discontinued.

5.04.    Procedures for Lay-Off:
         A. When a lay-off is necessary, the date of hire will governformula used for
            the selection of positions to be eliminated shall be based upon neutral,
            and not prohibited, criteria. The Agency may, however, retain an
            employee due to that employee's special training, ability, knowledge or
            experience.
         B. Affected employees shall be notifiedgiven reasonable advance notice in
            writing of an impending lay-off. Agency shall furnish any laid-off
            employee with notice of his rights to continued health care coverage
            under the Consolidated Omnibus Budget Reconciliation Act of 1985.
         C. Employees whose positions have been deleted may bump employees in
            the same or lower classifications having less Agency seniority, provided
            that the bumping employee has successfully completed the probationary
            period and attained regular status in the classification in which the
            bumping occursThe Agency shall furnish any laid-off employee with
            notice of his rights to continued health care coverage under the
            Consolidated Omnibus Budget Reconciliation Act of 1985. Employees
            whose positions have been deleted may bump employees in the same or
            lower classifications having less Agency seniority, provided that the
            bumping employee has successfully completed the probationary period
            and attained regular employee status in the classification in which the
            bumping occurs.
         D. An employee who is laid off will retain accrued vacation and sick leave
            benefits if recalled within twelve (12) months; however, an employee may
            elect to receive payment for accrued benefits at the time of lay-off.
         E. In case of lay-off of a regular employee of the Agency through no fault of
            his own, and who has been employed for one (1) continuous year,
            termination pay equivalent to one (1) bi-weekly salary payment shall be
            made to the employee.

5.05.    Recall:
         A. A recall of employees from lay-off will begin with the most senior position
            in the classification refilled.
         B. Employees who are laid off will remain on a recall list for twelve (12)
            months and shall be given the first opportunity to fill vacancies in


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             classifications from which they were laid off and for which they are
             qualified.
         C. Recalled employees shall not have to serve a probationary period and
            will have all prior existing rights, benefits and entitlements restored,
            providing they meet the current standards for the position they are being
            recalled to fill.
         D. Recalled employees shall be notified of the recall by certified letter. Such
            employees who do not directly contact the General Manager or his
            designee within ten (10) working days of the mailing date of said letter
            shall automatically be removed from the recall list.



SECTION 6. VOLUNTARY                   TERMINATION           OF      EMPLOYMENT/
RESIGNATION.
An employee who desires to resign in good standing shall submit his resignation in
writing to the General Manager at least two (2) weeks in advance of his intended
resignation date. Resignation will not entitle an employee to any termination benefit.


SECTION 7.           BENEFITS ELIGIBILITY:
When an employee is separated for any reason except for a lay-off, employee
benefits are lost, effective the date of separation, except for vested rights under any
applicable retirement plan and accrued vacation. Resignation or dismissal for cause
shall not entitle an employee to any termination payment.


SECTION 8. COMPENSATION:
8.01.    Paydays: All employees shall be paid bi-weekly on the Wednesday
         following the end of the pay period, provided that if such date falls on a
         holiday, employees shall be paid on the immediately preceding work day.

8.02.    Method of Calculation: The equivalent hourly rate of employees who are
         paid on a bi-weekly basis will be calculated by multiplying the basic monthly
         salary of the employee by 12 (for the number of months in the year) and then
         dividing by 2,080 hours (representing 52 weeks of 40 hours).

8.03.    Responsibility for Payroll Preparation:         The Finance Department is
         responsible for preparing the payroll checks.

8.04.    Overtime Pay:
        A. It is the Agency’s policy that Agency work is done during regular working
           hours, and that overtime be discouraged. The General Manager and all



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             exempt personnel, as defined by the Agency Board of Directors, are not
             entitled to overtime pay.
        A. Overtime shall be provided to non-exempt employees in accordance with
           the FLSA for all work in excess of forty (40) hours in a work week. For
           calculating overtime hours, a work week shall begin at the mid-point of the
           alternating Friday’s worked. Vacation time shall count in determining the 40
           hour week worked. Sick leave will only count as if worked if the extra
           hours worked was caused by an Agency emergency and is approved by
           the employees’ manager.
        B. Any overtime work shall be paid at the rate of one and one-half (1 ½) times
           the regular rate upon approval by the General Manager and paid to the
           employee at the same time as his regular pay or, at the option of the
           employee and with approval of the General Manger, may take time off at
           one and one-half (1 ½) times the regular hours worked.
        C. Employees required to work on a scheduled holiday shall be paid at the
           rate of one and one-half (1 ½) times the regular rate upon approval by the
           General Manager and paid to the employee at the same time as his regular
           pay.
        D. Any travel made on days off, whether at the request of the Agency or not,
           is not eligible for overtime. (See section on travel).
8.05.    Salary Schedule:
        A. The Board of Directors shall adopt a salary schedule pursuant to Section
           8.09.A. hereof.
        B.      In the event that the Directors do not adopt a salary schedule for each   Formatted: Indent: Left: 0.5", No bullets or
                                                                                          numbering
        new fiscal year, the salary schedule approved for the prior year shall continue
        in force and effect until a new schedule is adopted.
        C.B. The General Manager or his designee shall develop job descriptions
           and salary ranges for every classification and update these as necessary.
        C.   Compensation of the General Manager shall be as agreed by negotiation
             with the Board of Directors.                                                 Formatted: Font: 10 pt

8.06.    On-Call Pay:
        A. Employees may be required to be On-Call to respond to emergencies that
           may arise.
        B. Employees On-Call will be compensated at $10 per dayat a rate to be
           determined by the Agency’s Board of Directors and/or General Manager in
           accordance with these Personnel Policies and Procedures and will be
           provided an Agency vehicle to take home.
        C. Employees On-Call shall be able to respond within 1 hour of a report of
           emergency.



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       D. On-Call employees must remain free of alcohol or any substance that can
          impair the employee’s judgment.
D.                                                                                       Formatted: No bullets or numbering

8.067. Payroll Deductions: The Finance Department shall deduct from each
       employee's salary or wages such amounts as may be required by law or as
       may be authorized by the employee for the following purposes:
         A. Federal income tax (withholding).
         B. State income tax.
         C. State disability insurance.
         D. Medicare tax.
         E. Such other deductions as may be required by law and/or as may be
            authorized by the employee and/or the Board of Directors. When so
            authorized or required, the Finance Department shall make such
            deductions and shall pay the amounts thereof into the specified agency,
            firm or group.
8.0708. Performance-based Evaluation Process:              Evaluations, annual rate
        reviews and position reviews are not subject to the grievance procedure.

         A. Employees will be evaluated annually based on their performance during
            the preceding year on the anniversary of their hire date. This evaluation
            is based on sections entitled "General Performance Standards
            (Performance)", "Core Values (Values)", and "Personal and Performance
            Objectives (Objectives)". The concept of the performance-based merit
            system is that each employee's salary will reflect their work performance.
         B. Each Supervisor will meet with an employee prior to the review to set or
            change both the weight assigned to each item and the objectives for the
            year. Each element in each section is weighted to reflect the importance
            it has relative to that employee's specific duties.
         B. When the evaluation is due, the supervisor will give a rating of 1 through
            4 to each element. A rating of 1 is the lowest level of performance and
            indicates that significant improvement is need. A rating of 2.0 to 2.9
            indicates that the employee needs some improvement; a rating of 3.0 to
            3.9 indicates that the employee is meeting or approaching exceeding the
            standards of their job; a rating of 4.0 indicates the employee’s work
            performance in this area consistently exceeds job standards. In Sections
            I and II, a rating below 2.8 and above 3.3 require written comments
            detailing reasons for the rating and in Section III, comments are required
            on all ratings.
       C. When the evaluation is due, the supervisor will give a rating of 1 through     Formatted: Indent: Left: 0.5", No bullets or
                                                                                         numbering
       4 to each element. A rating of 1 is the lowest level of performance and
       indicates that significant improvement is needed. A rating of 2.0 to 2.9


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       indicates that the employee needs some improvement; a rating of 3.0 to 3.9
       indicates that the employee is meeting or approaching exceeding the
       standards of their job; and a rating of 4.0 indicates the employee's work
       performance in this area consistently exceeds job standards. Ratings of 1.0,
       2.0 to 2.5 and 3.6 to 4.0 require written comments detailing the reasons
       for the rating.
         D.C. Each employee shall be evaluated during the month of the employee's
            hire date the twelfth month of employment, then each July. This
            evaluation shall be based on the employee's performance as outlined by
            the previously established goals, objectives and performance measures.
            The supervisor and employee will also work together during this period to
            establish new or revised objectives for the following year. Any merit
            increase awarded with be retro-active back to the employees anniversary
            hire date. Any merit increase awarded will be effective as of July 1st .    Formatted: Superscript

         E.D. In the event an employee's objectives or weights are modified, either
            during the annual evaluation or during the year, the supervisor shall
            modify the individual objectives or weights and communicate the changes
            to the employee.
8.0809. Salary Review Process: Evaluations, annual rate reviews and position
        reviews are not subject to the grievance procedure.
         A. Annual Salary Range Review Process: Each year, the Agency may
            conduct a general market trend analysis to determine whether the market
            has increased or decreased over the preceding year and whether such
            market fluctuation should result in an adjustment to the Agency's salary
            ranges. Staff's recommendation, based on this analysis, shall be
            presented to the Board during the annual budget review. Should the
            Board authorize an adjustment to the wage ranges, such adjustment
            shall have no effect on an individual's current rate of pay except to the
            extent such fluctuation places an employee below the minimum of the
            new salary range. An employee's rate of pay will only be adjusted
            pursuant to the job performance review process or as otherwise specified
            herein.
         B. Annual Budget Review Process: Each year, staff shall recommend to the
            Board a salary adjustment budget. This salary adjustment will be
            distributed in two parts. The first portion will be used as a Universal
            Salary Adjustment ("USA”), which will increase all wages at the same
            percentage at the same time, and secondly as a merit pool which will be
            distributed to the employees based on their individual evaluations
            throughout the year. The range changes made based on the market
            adjustment will be effective July 1, as well as the USA employee wage
            change.
         C. Top of Scale: Maximum Non-Compounding Range: Employees who
            have reached the top of their salary range shall have their performance


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             evaluated pursuant to Section 8.07. Such employee may be eligible for
             compensationfor compensation in the form of one lump sum payment
             equivalent to the annual increase based on the employee's annual
             performance rating score, up to the maximum salary in their grade. .
             Such increase shall be in lieu of an increase to the employee's base
             wage rate. Non-compounding compensation is earned each year.
             Following the annual performance evaluation, employees increase or
             decrease in pay will be determined based on the performance evaluation
             score percent multiplied by the top of the range.
         D. Promotions/Transfers: A promotion is defined as taking a position that is
            in a salary range higher than the current position. Employees who are
            promoted to another position shall receive a minimum 5% increase
            provided that the 5% does not exceed the top of the new salary range.
            Employees should not be placed higher than the midpoint of the range
            without General Manager approval. Employees who voluntarily transfer
            to another position that is in the same salary range as their current
            position shall not be eligible for an increase. In the event an employee's
            transfer is at the specific request of the Agency based on the needs of
            the operation, such employee shall be compensated with an increase up
            to a maximum of 5%, provided such increase does not exceed the
            maximum of the current salary range. Employees who are promoted
            shall be subject to a probationary period. In the event an employee does
            not satisfactorily complete his probationary period, he may be reinstated
            to his prior position only if it is still vacant.
         E. Position Reclassification: In the event a current position is re-evaluated
            and reclassified to a higher salary range, the incumbent in that position
            shall be placed in the new salary range at approximately the same
            relative level the employee held in the previous range. This procedure
            shall apply only when the reason for the reclassification is due to the
            addition of new or more complex responsibilities. In the event the
            responsibilities remain unchanged, the employee shall remain at the
            same wage rate unless the current wage rate is below the entry level of
            the new salary range, at which time the employee shall be increased to
            the entry level rate of the new salary range.

8.0910. Position Review Process: Evaluations, annual rate reviews and position
        reviews are not subject to the grievance procedure.
         New Position Development and Review Process
           1. A detailed job description must be developed utilizing the authorized
              format.
                    2.                               All New employees will be review    Formatted: Indent: Left: 1.5", No bullets or
                                                                                         numbering, Tab stops: Not at 1.75"
                    quarterly during the first year.
           3.2.                                      A limited or directed marketplace
              review and internal evaluation of this position may be conducted by


                        17                                  Final




                                                       Page 78
Personnel Policies and Procedures                                            DRAFT/2009




                 the General Manager or his designee at the request of the supervisor.
                 The General Manager or his designee shall determine the budget
                 capacity of the new position and, if appropriate, include the new
                 position in the staff's budget recommendation to the Board of
                 Directors.

         Existing Position Review Process
            1. The job description must be revised to reflect an increase in
                responsibility that would justify the salary range change, or in the
                event the market for the position has changed to the degree to
                warrant a re-evaluation of the position, such justification must be
                prepared.
             2. A limited or directed marketplace review and internal evaluation of this
                position may be conducted by the General Manager or his designee
                at the request of the supervisor. The General Manager or his
                designee shall determine the budget capacity of the new position and,
                if appropriate, include the new position in the staff's budget
                recommendation to the Board of Directors.


         Interim or Temporary Positions within the Same Salary Range for Regular
             employees
              1. An employee who formally assumes the additional duties and
                 responsibilities of another position that is within the employee's same
                 salary range may be eligible for a salary increase for an interim period
                 under the following conditions:
             a. The employee is formally assigned the additional duties and
                 responsibilities of another position, and such assignment is approved
                 by the General Manager.
             b. Such additional duties and responsibilities are over a limited and
                 specified time period of not less than 14 days.
             c. Such duties and responsibilities are in addition to the employee's
                 current duties and responsibilities.

The interim salary increase shall be based on the complexity of the additional duties
as determined by the Supervisor up to a maximum of five percent with the approval
of the General Manager.


         Interim or Temporary Positions with a Higher Salary Range
             An employee, who formally assumes the additional duties and
             responsibilities of another position that is in a higher salary range, may
             be eligible for an interim salary increase under the conditions outlined in
             “A” above. Such interim salary increase shall be a minimum of five
             percent (5%) or up to the mid-point of the higher salary range.


                        18                                    Final




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Personnel Policies and Procedures                                           DRAFT/2009




         Interim or Temporary Positions with Multiple Salary Ranges
             An employee who is assigned a variety of additional duties and
             responsibilities on an interim basis which involve more than one specific
             position may be eligible for a salary increase equivalent to the level and
             complexity of the additional responsibilities. Such employee may be
             offered a maximum of five percent (5%) over the mid-point of the salary
             range of the highest level position involved.

SECTION 9. EMPLOYEE BENEFITSLEAVES OF ABSENCE.
9.01.   Sick Leave: Sick leave is insurance or protection provided by the Agency to
        be granted in circumstances of adversity and is intended to promote the
        health and welfare of the individual employee. Sick leave is not an earned
        right to time off work. Sick leave permits the employee to be absent from
        duty without the loss of pay when they are incapacitated by reason of illness,
        injury, or when an employee has been exposed to a contagious disease and
        his presence on the job might endanger fellow workers.
        A.    Eligibility:
             1. Employees shall be eligible for this benefit upon completion of one (1)
                full pay period of continuous service.
             2. For purposes of "attendance" as defined herein, immediate family
                means husband, wife, mother, father, son, daughter, ward, and when
                residing in the employee's home, sister and brother.
             3. Time off for attendance as defined in A2 above shall be limited to a
                maximum of five (5) days, forty (40) hours per calendar year.
                Additional time may be authorized by the General Manager based on
                a case-by-case review of the employee's record of sick leave use.
             4. An absence of sick leave for more than five (5) consecutive working
                days must be supported by a medical certificate.
             5. When notified in advance, sick leave may be used for medical, dental
                or optical examinations or treatment for employee or family members.
         B. Accrual: Employees in regular positions shall accrue sick leave prorated
            on the basis of eight (8) hours per month with a maximum of 96 hours per
            year. Earned sick leave shall be available for use the first day following
            the month in which it is earned.
         C. Notice of Sickness: Employees must notify their supervisor or the
            General Manager no later than 8:30 AM on each day of absence in order
            to qualify for sick leave with pay.




                         19                                  Final




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Personnel Policies and Procedures                                               DRAFT/2009




         D. Improper Use: Improper use of the sick leave privilege is cause for
            disciplinary action. If it appears that the sick leave privilege is being
            abused, a medical certificate may be required by the General Manager
            for any absence on sick leave.
         E. Sick Leave Conversion: Upon retirement, death or termination, eligible
            employees (or the estate of an employee) will be paid for unused sick
            leave accrued to the date of termination according to the following
            formula:
             Sick Leave Accrued As                            Cash Payment % Of Hours
             Of Date of Termination                              Accrued Sick Leave
             480 Hours or Less                                           30%
             481 Hours to 600 Hours                                      35%
             601 Hours to 720 Hours                                      40%
             721 Hours to 840 Hours                                      45%
             841 Hours to 960 Hours                                      50%
             Upon retirement, the total remaining sick leave hours are reported to
             PERS and become additional service credits toward the employee’s
             retirement. At the employees’ option, all sick leave may be reported to
             PERS in lieu of a cash payment.

9.02.    Medical Leaves of Absence For Non-Occupational Disabilities.
         A. Family and Medical Leave: The Agency follows the federal Family and
            Medical Leave Act (FMLA) and the California Family Rights Act (CFRA),
            where both allow for up to 12 weeks of leave for:
             • Bonding with a newborn or adopted child.
             • Caring of a family member with a serious health condition; and/or
             • The employee’s own serious health care condition.
         B. Requests for Leaves of Absence: A request for a medical leave of
            absence without pay may be submitted by an employee who is
            temporarily disabled and unable to work due to a personal injury or
            illness, including pregnancy-related disability. Medical leaves of absence
            will be granted in writing for the period of the illness or disability, provided
            such periods shall not exceed four (4) months. Medical leaves may be
            extended beyond four (4) months with the written approval of the General
            Manager.
            Before returning to work following a medical leave of absence, an
            employee must submit a physician's verification stating the employee's
            ability to return to work and the date that they’re able to return.
         C. No Accrual of Benefits: While on a medical leave of absence without
            pay, employees will not continue to accrue benefits, e.g., vacation, sick
            time, holidays, etc.


                        20                                      Final




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Personnel Policies and Procedures                                               DRAFT/2009




         D. Coordination of Benefits: All leaves of absence will be coordinated with
            sick leave, if available, in an effort to minimize the impact of a leave of
            absence for both the employee and the Agency. Accrued vacation and
            sick leave benefits shall be paid during a leave of absence, but such pay
            shall be coordinated with state disability or other wage replacement
            benefits for which the employee may be eligible.
      E. Notification Requirement: It is the employee's responsibility to provide the
         General Manager all of the following information in writing as soon as they
         become aware of the need for a leave of absence:
          1. The reason the leave of absence is being requested.
          2. The anticipated dates the leave of absence will begin and end.
          3. A physician's certificate or other medical proof acceptable to the General
              Manager indicating the nature of the disability.
          4. Periodic updates to the employee's supervisor or General Manager at
              least every fifteen (15) days concerning the employee's status, expected
              date of return, and continued intent to return to work upon expiration of
              the leave.
          5. Immediate notification to the employee's supervisor or General Manager
              of a need to change the duration of the leave of absence.
            The Agency provides (1) family care and medical leave for up to 12 weeks           Formatted: Font: Arial
    per rolling 12-month period in accordance with California’s Moore-Brown-Roberti            Formatted: Indent: Left: 0.5", No bullets or
                                                                                               numbering
    Family Rights Act (“ CFRA”) and the federal Family and Medical Leave Act of 1993
    (“ FMLA”); (2) pregnancy leave for up to four months in accordance with the                Formatted: Font: Arial

    California Fair Employment and Housing Act (“ FEHA”); (3) disability leave as
    required to reasonably accommodate employees with a workplace injury or a qualified
    disability under the Americans with Disabilities Act (“ ADA”) or the FEHA; and (4)
    leave for other legally required absences as set forth below. Notwithstanding anything
    herein to the contrary, all applicable provisions of the CFRA, FMLA, FEHA, and
    ADA, as may be amended from time to time, as well as all other applicable statutory
    requirements, are hereby incorporated herein and shall control over any inconsistent
    provisions of the Agency’ s Personnel Policies and Procedures. Employees having any
    questions regarding this policy should contact the Agency’ s Human Resources
    Department.

            A.     Family Car e and Medical Leave

                   1.        Eligibility                                                       Formatted: Indent: Left: 0.5", First line:
                                                                                               0.5", No bullets or numbering
                                                                                               Formatted: Indent: Left: 0.5", No bullets or
           To be eligible for family care and medical leave, an employee must (1) have         numbering
    worked for the Agency for at least twelve months prior to the date on which the leave is
    to commence; and (2) have worked at least 1,250 hours in the twelve (12) months
    preceding the leave.


                        21                                      Final




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Personnel Policies and Procedures                                                  DRAFT/2009

                      2.      Per missible Uses of Family Car e and Medical Leave                     Formatted: Indent: Left: 0.5", First line:
                                                                                                      0.5", No bullets or numbering
                                                                                                      Formatted: Indent: Left: 0.5", No bullets or
                “ Family care leave” may be requested for (1) the birth or adoption of an             numbering
       employee’ s child; (2) the placement of a foster child with the employee; or (3) the
       serious health condition of an employee’ s child, domestic partner, spouse, or parent.
       “ Medical leave” may be requested for an employee’ s own serious health condition. A
       “ serious health condition” is one that requires either in-patient care in a medical
       facility or continuing treatment or supervision by a health care provider.

                      3.      Substitution of Paid Leave for Family Car e and Medical                 Formatted: Indent: Left: 0.5", First line:
                                                                                                      0.5", No bullets or numbering
       Leave
                                                                                                      Formatted: Indent: Left: 0.5", No bullets or
                                                                                                      numbering
               Employees are required to substitute accrued vacation time and other paid
       personal leave (except sick leave) for all family care and medical leaves. Employees
       are required to substitute sick leave only for medical leaves. Employees may elect to
       substitute sick leave to attend to an illness of a child, parent, spouse or domestic partner
       of the employee, or for other types of family care leave. An employee on family care
       and medical leave for his or her own serious health condition may use sick leave or
       annual leave, if available, for additional time off on a pro-rata basis, with total benefits
       not exceeding wages or salary at the time of the leave.

                      4.      Amount of Leave                                                         Formatted: Indent: Left: 0.5", First line:
                                                                                                      0.5", No bullets or numbering
                                                                                                      Formatted: Indent: Left: 0.5", No bullets or
              Provided all the conditions of this policy are met, an employee may take a              numbering
       maximum of 12 weeks of family care and medical leave in a rolling 12-month period
                                                                                                      Formatted: Indent: Left: 0.5", No bullets or
       measured backwards from the date the employee’ s leave commences. Parents who are              numbering
       both employed by the Agency may take a maximum combined total of 12 weeks of
       family care leave in a 12-month period for the birth, adoption, or foster care of their
       child.

               The substitution of paid leave for family care or medical leave does not extend
       the total duration of family care and medical leave to which an employee is entitled to
       beyond 12 weeks in a 12-month period. For example, if an employee has accrued four
       weeks of unused paid vacation time at the time of the request for family care or medical
       leave, that paid vacation time will be substituted for the first four weeks of family care
       or medical leave, leaving up to eight additional weeks of unpaid leave.

              Family care leave taken for the birth, adoption, or foster care placement of a
       child generally must be taken in blocks of at least two weeks’ duration; however, the
       Agency will provide employees with family care leave for birth, adoption, or foster            Formatted: Position: Horizontal: Center,
       care placement of less than two weeks’ duration on any two (2) occasions. Family               Relative to: Margin, Vertical: 0", Relative to:
                                                                                                      Paragraph, Width: Auto, Wrap Around


                                                2




                                                                 Page 83
Personnel Policies and Procedures                                                DRAFT/2009
       care leaves for the birth, adoption or foster care placement of a child must be concluded
       within one year of the birth, adoption or placement.

               Family care or medical leave for the employee’ s own serious health condition,
       or for the serious health condition of the employee’ s spouse or domestic partner,
       parent, or child, may be taken intermittently or on a reduced schedule where medically
       necessary. If leave is taken intermittently or on a reduced schedule, the Agency retains
       the discretion to transfer the employee temporarily to an alternative position with
       equivalent pay and benefits which better accommodates the employee’ s leave schedule.

                      5.      Leave’ s Effect on Pay                                               Formatted: Indent: Left: 0.5", First line:
                                                                                                   0.5", No bullets or numbering
                                                                                                   Formatted: Indent: Left: 0.5", No bullets or
               Except to the extent that other paid leave is substituted for family care or        numbering
       medical leave, family care and medical leave is unpaid. Employees may be entitled to
       Paid Family Leave (PFL) for up to six (6) weeks in any twelve-month period. PFL
       provides a partial wage replacement for absences from work to care for a seriously ill
       or injured family member or for bonding with a minor child within one year of the
       birth or placement of the child in connection with foster care or adoption. Employee
       contributions for short-term disability provide funding for this program. PFL is
       administered like State Disability Insurance by the California Employment
       Development Department. PFL must be taken concurrently with family care and
       medical leave and does not entitle an employee to take any additional time off. In
       addition, an employee must use up to two weeks of any accrued but unused vacation
       before the employee will be eligible to receive PFL.

                      6.      Leave’ s Effect on Benefits                                          Formatted: Indent: Left: 0.5", First line:
                                                                                                   0.5", No bullets or numbering
                                                                                                   Formatted: Indent: Left: 0.5", No bullets or
               During an employee’ s family care or medical leave, for up to a maximum of          numbering
       ssix months in a 12-month period, the Agency will continue to pay for the employee’ s
                                                                                                   Formatted: Indent: Left: 0.5", No bullets or
       participation in the Agency’ s group health, vision, and, dental plans, , to the same       numbering
       extent and under the same terms and conditions as would apply had the employee not
       taken leave. Employees will continue to accrue vacation, sick time, holidays, health,
       vision, and dental benefits during the first six (6) months of an approved leave of
       absence. However, no tenure or benefits will accrue after six (6) months, if the
       employee is still on a leave of absence, until such time as all accrued vacation and sick
       leave are used.

               If the employee fails to return from the leave for a reason other than the
       recurrence or continuation of the health condition that brought about the leave or other
       circumstances beyond the employee’ s control, the Agency can recover any health
       premiums paid by the Agency on the employee’ s behalf during any unpaid periods of          Formatted: Position: Horizontal: Center,
       the leave.                                                                                  Relative to: Margin, Vertical: 0", Relative to:
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Personnel Policies and Procedures                                                 DRAFT/2009

              Employees on family care and medical leave accrue employment benefits such
       as sick leave, vacation benefits, or seniority only when paid leave is being substituted
       for unpaid leave and only if the employee would otherwise be entitled to such accrual.

                      7.      Pr ocedur e for Requesting Family Car e and Medical Leave              Formatted: Indent: Left: 0.5", First line:
                                                                                                     0.5", No bullets or numbering
                                                                                                     Formatted: Indent: Left: 0.5", No bullets or
                              a.     Notice Requir ements                                            numbering
                                                                                                     Formatted: Indent: Left: 1", First line: 0.5",
               Employees should notify the Agency of their request for family care or medical        No bullets or numbering
       leave as soon as they are aware of the need for such leave. For foreseeable events, if        Formatted: Indent: Left: 0.5", No bullets or
       possible, the employee must provide 30 calendar days’ advance notice to the Agency            numbering

       of the need for family care or medical leave. For events that are unforeseeable 30 days
       in advance, but are not emergencies, the employee must notify the Agency as soon as
       he or she learns of the need for the leave, ordinarily no later than 1 to 2 working days
       after the employee learns of the need for the leave. If the leave is requested in
       connection with a planned, non-emergency medical treatment, the employee may be
       requested to reschedule the treatment so as to minimize disruption of the Agency’ s
       business.

               If an employee fails to provide the requisite 30-day advance notice for
       foreseeable events without any reasonable excuse for the delay, the Agency reserves the
       right to delay the taking of the leave until at least 30 days after the date the employee
       provides notice of the need for family care or medical leave.

               All requests for family care or medical leave should include the anticipated
       date(s) and duration of the leave. Any requests for extensions of a family care or
       medical leave must be received at least five (5) working days before the date on which
       the employee was originally scheduled to return to work and must include the revised
       anticipated date(s) and duration of the family care or medical leave.

                              b.     Medical Cer tification                                          Formatted: Indent: Left: 1", First line: 0.5",
                                                                                                     No bullets or numbering
                                                                                                     Formatted: Indent: Left: 0.5", No bullets or
               Any request for medical leave for an employee’ s own serious health condition         numbering
       or for family care leave to care for a child, spouse, domestic partner or parent with a
                                                                                                     Formatted: Indent: Left: 0.5", No bullets or
       serious health condition must be supported by medical certification from a health care        numbering
       provider. For foreseeable leaves, employees must provide the required medical
       certification before the leave begins. When this is not possible, employees must
       provide the required certification within 15 calendar days after the Agency’ s request
       for certification, unless it is not practicable under the circumstances to do so, despite
       the employee’ s good faith efforts. Failure to provide the required medical certification     Formatted: Position: Horizontal: Center,
       may result in the denial of foreseeable leaves until such certification is provided. In the   Relative to: Margin, Vertical: 0", Relative to:
                                                                                                     Paragraph, Width: Auto, Wrap Around


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                                                                Page 85
Personnel Policies and Procedures                                                 DRAFT/2009
       case of unforeseeable leaves, failure to provide the required medical certification within
       15 days of being requested to do so may result in a denial of the employee’ s continued
       leave. Any request for an extension of the leave also must be supported by an updated
       medical certification.

              The medical certification for a child, spouse, domestic partner, or parent with a
       serious health condition must include (a) the date on which the serious health condition
       commenced; (b) the probable duration of the condition; (c) the health care provider’ s
       estimate of the amount of time needed for family care; (d) the health care provider’ s
       assurance that the health care condition warrants the participation of the employee to
       provide family care; and (e) in the case of intermittent or reduced schedule leave where
       medically necessary, the probable duration of such a schedule.

               The medical certification for leave for the employee’ s own serious health
       condition must include (a) the date on which the serious health condition commenced;
       (b) the probable duration of the condition; (c) a statement that, due to the serious health
       condition, the employee is unable to perform the functions of his or her position; and
       (d) in the case of intermittent leave or reduced schedule leave where medically
       necessary, the probable duration of such a schedule. In addition, the certification may,
       at the employee’ s option, identify the nature of the serious health condition involved.
       If the Agency has reason to doubt the validity of the certification provided by the
       employee, the Agency may require the employee to obtain a second opinion from a
       doctor of the Agency’ s choosing at the Agency’ s expense. If the employee’ s health
       care provider and the doctor providing the second opinion do not agree, the Agency
       may require a third opinion, also at the Agency’ s expense, performed by a mutually
       agreeable doctor who will make a final determination. Before permitting the employee
       to return to work, the Agency also may require the employee to provide medical
       certification that he or she is able to return to work.

                      8.      Leave’ s Effect on Reinstatement                                       Formatted: Indent: Left: 0.5", First line:
                                                                                                     0.5", No bullets or numbering
                                                                                                     Formatted: Indent: Left: 0.5", No bullets or
               Employees returning from family care or medical leave are entitled to                 numbering
       reinstatement to the same or comparable position consistent with applicable law. The
       Agency retains the right to deny reinstatement to employees who are among the highest
       paid ten percent (10%) of the Agency’ s employees and whose reinstatement would
       cause substantial and grievous economic injury to the Agency’ s operations.

               B.     Pr egnancy-Related Disability Rights                                           Formatted: Indent: Left: 0.5", First line:
                                                                                                     0.5", No bullets or numbering

                      1.      Leaves of Absence and Tr ansfer s                                      Formatted: Indent: Left: 0.5", No bullets or
                                                                                                     numbering
                                                                                                     Formatted: Position: Horizontal: Center,
                                                                                                     Relative to: Margin, Vertical: 0", Relative to:
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                                                5




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Personnel Policies and Procedures                                                  DRAFT/2009




                Any employee who is disabled on account of pregnancy, childbirth, or              Formatted: Indent: Left: 0.5", No bullets or
                                                                                                  numbering
        related conditions may take a pregnancy-related disability leave for the period of
        actual disability of up to four months, in addition to any family care or medical leave
        to which the employee may be entitled under Section 9.02.A. of this policy (Family
        Care and Medical Leaves). Pregnancy-related disability leaves may be taken
        intermittently, or on a reduced-hours schedule, as medically necessary.

                Moreover, an employee is entitled to a reasonable accommodation for
        pregnancy, childbirth, or related medical conditions if she so requests and provides
        the Agency with medical certification from her health care provider. In addition to
        other forms of reasonable accommodation, a pregnant employee is entitled to
        transfer temporarily to a less strenuous or hazardous position or to less hazardous or
        strenuous duties if she so requests, the transfer request is supported by proper
        medical certification, and the transfer can be reasonably accommodated.

                      2.      Substitution    of   Paid    Leave    for   Pr egnancy-Related      Formatted: Indent: Left: 0.5", First line:
                                                                                                  0.5", No bullets or numbering
        Disability Leave
                                                                                                  Formatted: Indent: Left: 0.5", No bullets or
                                                                                                  numbering
                 An employee taking pregnancy-related disability leave must substitute any
        available sick pay for her leave and may, at her option, substitute any accrued
        vacation time for her leave. The substitution of paid leave for pregnancy-related
        disability leave does not extend the total duration of the leave to which an employee
        is entitled.

                      3.      Leave’ s Effect on Benefits                                         Formatted: Indent: Left: 0.5", First line:
                                                                                                  0.5", No bullets or numbering
                                                                                                  Formatted: Indent: Left: 0.5", No bullets or
        If an employee taking a pregnancy-related disability leave is also eligible for family    numbering
        care and medical leave under Section 9.02.A. of this policy, then the employee is
        entitled to the Agency’ s continuation of benefits, as described in Section 9.02.A.6.,
        up to a maximum of six (6) months in a 12-month period.
                                                                                                  Formatted: Indent: Left: 0.5", No bullets or
                                                                                                  numbering
                      4.      Other Ter ms and Conditions of Leave
                                                                                                  Formatted: Indent: Left: 0.5", First line:
                                                                                                  0.5", No bullets or numbering
        The provisions of the Agency’ s Family Care and Medical Leave policy regarding            Formatted: Indent: Left: 0.5", No bullets or
        the leave’ s effect on pay [Section 9.02.A.5.], notice requirements [Section              numbering
        9.02.A.7.a.], medical certification requirements [Section 9.02.A.7.b.], and               Formatted: Indent: Left: 0.5"
        reinstatement [Section 9.02.A.8.] also apply to all pregnancy-related disability
        leaves. However, for pregnancy-related disabilities, there is no process for
        obtaining more than one medical opinion, and there is no reinstatement exception for
        key employees. For the purpose of applying those provisions, an employee’ s
        pregnancy-related disability is considered to be a serious health condition.

9.03.    Medical Leaves of Absence for Occupational Disabilities.                                 Formatted: Position: Horizontal: Center,
                                                                                                  Relative to: Margin, Vertical: 0", Relative to:
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                                               6




                                                             Page 87
Personnel Policies and Procedures                                              DRAFT/2009




         A. Requests for Leaves of Absence: A leave of absence shall be granted to
            any full-time or part-time employee who sustains a work-related disability
            upon written request. (See 9.03, E, 1 below). Before returning to work,
            following a leave of absence for a work-related disability, an employee
            must submit a physician's verification stating the employee's ability to
            return to work and the date that they’re able to return.
         B. Compensation:     An employee injured in the line of duty will be
            compensated by the Agency for the difference between his regular pay
            and worker's compensation payments for a maximum of four (4)
            monthsmay use. Ssick leave or annual leave, if available, may be taken
            for additional time off on a pro-rata basis, with total benefits not
            exceeding wages or salary at time of injury.
         C. Accrual of Benefits: Employees will continue to accrue all benefits, e.g.,
            vacation, sick time, holidays, health, vision, and dentaletc., during the first
            six (6) months of an approved leave of absence. However, no tenure or
            benefits will accrue after six (6) months, if the employee is still on a leave
            of absence, until such time as all accrued vacation and sick leave are
            used.
         D. Coordination of Benefits: A leave of absence for a work-related disability
            will be coordinated with worker's compensation, short-term and long-term
            disability, or any other benefits provided to the employee in an effort to
            minimize the impact of a leave of absence for both the employee and the
            Agency.
         E. Notification Requirements: It is the employee's responsibility to provide
            the General Manager with the following information in writing as soon as
            they become aware of the need for the leave of absence.
             1. The reason the leave of absence is being requested.
             2. The anticipated dates the leave of absence will begin and end.
             3. A physician's certificate or other medical proof acceptable to the
                General Manager indicating the nature of the disability.
             4. Periodic updates to the employee's supervisor or General Manager at
                least every thirty (30) days concerning the employee's status,
                expected date of return, and continued intent to return to work upon
                expiration of the leave.
             5. Immediate notification to the employee's supervisor or General
                Manager of a need to change to the duration of the leave of absence.
         F. Employer Requirements: The Agency will retain employees on an
            extended leave of absence for work-related disabilities until one of the
            following situations takes place:
             1. The employee is released for full or partial (limited) duty.                  Formatted: Position: Horizontal: Center,
                                                                                              Relative to: Margin, Vertical: 0", Relative to:
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              2. The Agency receives medical evidence satisfactory to it that the
                 employee will be unable to return to work.
              3. The employee resigns or actually or constructively informs the Agency
                 that they do not intend to return to the Agency's employ.

9.04.    Other Leaves Without Pay.
         A. Leave Without Pay: Absence without pay is leave without pay and shall
            be granted only upon request of the employee through the
            recommendation of the General Manager.
               1.    Except as otherwise provided herein, the increments of sick leave
                     and vacation time shall not accrue when an employee has been
                     absent without pay.
               2.    Service credit shall not be lost, but will not accrue, as a result of an
                     approved leave of absence without pay.
               3.    During a leave of absence without pay, the employee shall be
                     responsible for paying the entire cost of the employee's own group
                     health insurance and other benefits.
         B.    Procedures: The Agency may require an employee returning from any
               leave without pay for any reason to have a physical examination to
               determine his fitness to work.

9.05.    Authorized Leaves.
         A.    Military Leave: Military leave and regulations for payment pertaining
               thereto shall be in accordance with Daring's Military Code and Veterans
               Code of the State of California all applicable legal requirements under
               state and federal law.
         B.    Jury Leave: Each officer or regular employee, when called for jury duty
               service or when appearing in court as a subpoenaed witness, shall
               receive his regular compensation during for a period of ten days;
               however, should the employee be called upon to serve longer than the
               ten day period, the General Manager has the discretion as to authorize
               additional compensation for that extended period. Any amounts of
               payment received for such service shall be assigned to the Agency. A
               leave slip for the period of absence shall be approved by the General
               Manager. The Agency may request a deferment of jury duty.
         C.    Bereavement Leave: An employee shall be granted necessary leave of
               absence without loss of pay not to exceed five (5) workdays on account
               of the death of a member of his immediate family; this bereavement
               leave shall be deducted from his sick leave. Members of the immediate
               family are defined as mother, mother-in-law, father, father-in-law,
               spouse, son, daughter, brother or sister of the employee, or any relative        Formatted: Position: Horizontal: Center,
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               General Manager may grant an employee bereavement leave as
               appropriate in the event of the death of an individual who is not an
               immediate family member. If an employee requires more than the
               allotted time for bereavement leave, the employee may request
               additional unpaid leave or may request the opportunity to use any
               accrued sick leave or vacation time.
         D.    General Manager Compensation Leave:                An EXEMPTexempt
               employee may be granted a leave to compensate for working in excess
               of 100 hours in a two week period. One hour for one hour may be
               granted by the G.M. for all hours worked in excess of 100 during a
               single two week period up to a limit of 120 hours per year.
         E.    Catastrophic and Other Paid Leave: During a declared local, state or
               national disaster that impacts the ability of affected employees to attend
               work, focus on Agency business, or other major event(s) that may occur
               beyond the employee(s) control and at the discretion of the General
               Manager, the General Manager may grant paid leave for a duration of
               time as determined by the General Manager, up to a maximum of three
               (3) days per twelve (12) month period.

SECTION 10. INSURANCE.
10.01. Flexible Benefits Plan: The Agency will maintain a Flexible Benefits Plan
       (Plan) and all employees in regular positions shall be eligible to participate in
       said plan. Each employee may select among the options indicated and
       specify what portion of Plan monies will be applied to selected options.
       Selection must be in increments of $1.00. Any portion of the total monthly
       dollars not utilized shall be reimbursed to the employee as taxable income.
       The Agency has agreed towill contribute $950.00 $1,020.00 an amount as
       determined by the Agency’s Board of Directors.
         The Flexible Benefits plan may include the following options:
         Medical Insurance                            Accidental Death and Disability
         Dental Insurance                             Long Term Disability Insurance
         Optical Insurance                            Dependent Care Assistance.
         Life Insurance

10.02. Pool Expenses Reimbursement: Each employee will be entitled to cash
       reimbursement of $1,500.00. This can only be used for health, dental, or
       vision co-pay; or to cover the additional cost, over the contribution rate of the
       Flexible Benefits Plan (currently $850), or investment into a 457 or other
       deferred compensation plan or to supplement retirement. This is a use- it-
       or- lose- it benefit, if you don’t use it for one of the above mentioned reasons,
       it will be lost. Reimbursement will be subject to submission of the
       appropriate written request form to be submitted prior to January 1 of each          Formatted: Position: Horizontal: Center,
       year. (see Appendix A).                                                              Relative to: Margin, Vertical: 0", Relative to:
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10.03. Life Insurance: Group term life insurance coverage is provided to eligible
       full-time Agency employees at Agency's expense.

10.04. Health Plan Insurance: Group health plan insurance coverage is offered to
       eligible Agency employees and their dependents under the Flexible Benefit
       Plan.

10.05. Dental Insurance: Group dental insurance is provided to eligible full-time
       Agency employees and their dependents at no cost to the employee.

10.06. Vision Insurance: Group vision insurance is provided to eligible full-time
       Agency employees and their dependents at no cost to the employee.

10.07. Retirement, Disability and Death Benefits: Each officer, regular full-time
       and regular part-time employee who has worked more than 1,000 hours in a
       fiscal year is covered under the State of California's "Public Employee's
       Retirement System." Cost of participation in this plan is paid by the Agency.
       The Agency includes the employee portion of 8% that is paid by the Agency
       as additional compensation when reporting earnings to PERS.              The
       Agency also pays for Section 125 qualified retiree health benefits coverage if
       the employee retires with the Agency. Benefits are provided as follows:
       Retirement date on or before June 1, 2006………………………………...$200
       Retirement date after June 1, 2006…………………………………………$500

10.08. Standard and Long-Term Disability Insurance: Coverage is provided to
       eligible full-time Agency employees and their dependents at no cost to the
       employee.

SECTION 11. VACATIONS.
11.01. Vacations: Vacation with pay is made available in the interest of the Agency
       for recreation, health and well-being of the employees, subject to approval by
       the General Manager.

11.02. Approval: Vacation periods shall be taken with the approval of the General
       Manager at such times as will not impair the work schedule or efficiency of the
       Agency.

11.03. Earned Vacation: Employees of the Agency shall earn vacation leave for the
       first five years of continuous employment at the rate of ten (10) working days
       per year. During the second five years (6-10) of continuous employment,
       vacation leave shall be earned at the rate of fifteen (15) working days per year.
       Effective the 11th year of employment, vacation leave shall accrue at the rate
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11.04. Bi-Weekly: Vacation leave shall accrue on a per payroll basis based on the
       amount earned yearly. Any employee deprived of vacation by order of the
       General Manager to meet the convenience of the Agency shall be paid for
       such loss of vacation time actually worked. Payment for such loss of vacation
       time shall be made at the current time rate.

11.05. Adjustments: Anniversary dates shall be adjusted if the employee is on
       leave of absence or any other non-pay status in excess of thirty (30)
       consecutive calendar days so that no leave is earned during such period.

11.06. Accumulated Vacation Time: Each employee shall be entitled to accrue a
       maximum of twice his annual vacation period(accrual). If vacation accrues in
       excess of the maximum, due to Agency needs, vacation will may be paid,
       upon approval of the General Manager, at the employee’s current rate of pay
       for any lost accrual of time.

11.07. Termination: Upon separation from the Agency, employees shall be paid a
       cash lump sum at their then current rate of pay for any unused annual
       vacation leave. Vacation leave granted prior to its having been earned shall
       have its monetary value deducted from the final pay of an employee who
       terminates.

11.08. Vacation as Sick Leave: If an employee has exhausted his paid sick leave,
       he may be permitted to use any accrued Vvacation time may be used in lieu of
       sick leave without pay upon the approval of the General Manager.

11.09. Holidays During Vacation: When an approved holiday falls within a vacation
       period, an employee on vacation shall be entitled to compensation for that
       holiday in addition to his regular vacation.

11.10. New Employees: Newly hired employees on probation do not accrue
       vacation entitlementare not entitled to take vacation time unless otherwise
       approved by the Agency General Manager. However, at the satisfactory
       completion of the probationary period, vacation accrual iswill be retroactive to
       the date of hire.

Scheduling:
       A. The time which vacation leave may be taken and the amount granted
          during any particular period are matters of administrative discretion based
          on Agency needs, excepting that no employee shall lose earned vacation
          leave because of the urgency of work.
       B. Scheduling of annual vacation leave must be approved in advance by the
          supervisor and General Manager, except in cases of emergency.
       C. Work requirements and the interest of the employee are the determining
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        D. Preference in the initial selection of vacation dates will be granted based
           on the length of service.

Procedure:
        A. All annual vacation requests must be submitted to the employee’s
           supervisor 30 days prior to the date vacation is requested. Exceptions
           must be authorized by the General Manager.
        B. A change in the rate of annual vacation leave accrual shall take effect in
           the pay period following the one in which the employee completed the
           required length of service.

SECTION 12. HOLIDAYS.
12.01. Fixed Holidays:
    New Year's Day                                        Day After Thanksgiving
    Martin Luther King Day                                Christmas Eve
    President’s Day                                       Christmas Day
    Memorial Day                                          New Year's Eve Day
    Independence Day                                      Floating Holiday *
    Labor Day
    Veteran's Day
    Thanksgiving Day

    *Floating Holiday will be given each July 1
    and must be used during the fiscal year,
    ending the following June 30.                                                        Formatted: Font: Arial, 12 pt


12.02. New and Terminating Employees: New and terminating employees must
       be on the payroll the day before and the day after a fixed holiday to receive
       holiday pay. Regular employees must be on the payroll the day before or
       the day after a fixed holiday to receive holiday pay.

12.03. Weekend Holidays: When a fixed holiday falls on Saturday or Sunday, the
       fixed holiday shall be taken on the previous Friday or Monday, respectively.

12.04    Friday Holiday: When a holiday falls on a Fridaya Friday that is a non-work     Formatted: Font: Bold
         day under the nine-eighty (9-80) schedule, the preceding day will be
         observed


SECTION 13. REIMBURSEMENT.
13.01    Use of Private Vehicle:                                                         Formatted: Position: Horizontal: Center,
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         A. The use of a private vehicle on Agency business shall be by approval of
            the General Manager. Employees will be reimbursed at the rate
            established by the Board for the use of a private vehicle while conducting
            Agency business. Agency vehicles shall be used whenever possible and
            shall be kept well-serviced. Agency credit cards may be used to buy
            gasoline, oil, etc. for Agency vehicles. These credit cards are not to be
            used for private vehicles.
         B. Driver’s License and Insurance Requirements: For positions that include
            driving as a job requirement, possession of a current, valid California
            driver’s license and insurability are a pre-requisite for employment. Any
            violation on an employee’s driving record prior to employment will be
            considered in the insurability review and may, in conjunction with post-
            hire violations, result in un-insurability. An employee who becomes
            uninsurable or no longer possesses a valid California driver’s license due
            to violations received on or off the job during the term of employment with
            the Agency, regardless of fault, may be subject to immediate termination.
            Employees must provide to the Agency a copy of a valid California
            driver’s license and driving record for the last three years prior to
            employment and on an annual basis, and proof of insurance. Employees
            must also notify the Agency immediately upon loss or suspension of
            license or becoming uninsurable.

13.02    Tools, Uniforms, and Equipment: To the extent required by law, employee
         costs for tools, uniforms, boots, and equipment required for the performance
         of the employee’s job duties with the Agency shall be reimbursed                 Formatted: Font: Not Bold


13.023. Other Incidental Expenses: As authorized by the General Manager,
        expenses for meals, including tips, lodging, taxi, parking fees, telephone and
        other expenses incidental to traveling shall be reimbursed.

13.034. Expense Vouchers: All expenses shall be submitted through an expense
        voucher with receipts for all expenses attached.

13.045. Educational Assistance: The Agency encourages its regular employees to
        continue education directly related to their employment or the needs of the
        Agency. In order for an eligible employee to do soreceive financial
        assistance from the Agency with respect to the costs of such education, the
        following procedure will be observed:
        A. Prior to enrollment, an educational plan will be submitted and approved
              by the employee's supervisor and the General Manager via an
              ”Educational Assistance Request” (“EAR”). (\\frodo\public\forms).
         B.    Upon successful completion of the course(s) with a minimum final
                                                                                          Formatted: Position: Horizontal: Center,
               grade (or equivalent) of "C" or better, the Agency will reimburse thea     Relative to: Margin, Vertical: 0", Relative to:
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               regular employee who has satisfactorily completed probation for lab
               fees, registration, parking fees, supplies, textbooks and other costs
               related to a course, along with tuition, up to an amount not to exceed
               the cost of the same courses taken at a local State university.
               (California State University San Bernardino).       See Appendix B
               Educational Reimbursement Calculations.
         C.    The employee shall submit a request for reimbursement, attaching
               proof of the successful completion of the course and all receipt, along
               with a copy of the original “Educational Assistance Request” form.

SECTION 14. ATTENDANCE AT CONFERENCES AND MEETINGS.
At the discretion of the General Manager, employees may attend conferences,
conventions and meetings when attendance is of benefit to the Agency. (Are
employees paid overtime or comp time if a class is on a Friday off (mw)? Overtime
will be paid only when attendance at the conference, convention or meeting is
mandated by the Agency outside of normal work days and/or hours or is required for
a work performance goal, however every attempt shall be made to alternate work
days to ensure the 40 hour work week is not exceeded and overtime is not
necessitated.

SECTION 15. PETTY CASH.
Petty cash funds are established to cover miscellaneous Agency purchases. Such
cash must be kept in a locked safety box with a specific employee responsible for its
care. All withdrawals shall be accounted for by a dated and signed receipt or
advance form. The petty cash fund shall be replenished as necessary, at which time
a complete reconciliation will take place.

SECTION 16. USE OF CREDIT CARDS.
16.01. Authorization: Credit cards to be used by employees of the Agency in
       carrying out their official functions shall be obtained in the name of the
       Agency with the employee’s name included. Credit cards obtained shall
       include the generally accepted credit cards recognized in most businesses.

16.02. Responsible Party: The Finance Department shall be responsible for
       obtaining and the safekeeping of authorized credit cards. Credit cards may
       be obtained by requesting them from the Finance Department with a
       requisition form signed by a department manager, who has an authorization
       level equal to or higher than the amount to be spent.

16.03. Official Business: Credit cards shall be used by employees only when on
       official Agency business. Those individuals utilizing the credit cards shall be
       required to turn in receipts and the credit card after use. All receipts must
       contain documentation as to the associated charges.
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SECTION 17. WORK PERFORMANCE.
17.01. Conduct/Dress Code. The Agency requires that its employees meet
       reasonable standards of conduct, performance, appearance and dress
       consistent with good hygiene, safety, and good taste, and which shall reflect
       favorably upon themselves and the Agency.

17.02. Attendance. The Finance Department will keep an accurate and current
       record of attendance, absences and status of employees, including sick
       leave and vacation accrued and allowed, overtime for such employee, and
       related matters. Such records shall be available for the employee's
       inspection and are reported with each payroll.
         A.    Employees shall make every effort to schedule personal appointments
               outside their working hours.
         B.    Attendance will be analyzed for the purpose of identifying critical and
               chronic attendance problems which may require corrective action.
         C.    Employee attendance will be reviewed and considered by each
               supervisor when considering an employee's annual performance
               evaluation.
17.03. Confidentiality and Non-Disclosure:
         A.    The protection of confidential business information and trade secrets is
               vital to the interests and the success of the Agency. Such confidential
               information includes, but is not limited to, the following examples:
                  •i. Compensation data          •iv. Litigation Matters                   Formatted: Indent: Left: 0.38", Numbered +
                                                                                           Level: 3 + Numbering Style: i, ii, iii, … + Start
                 •ii. Computer processes         •v. Pending projects and proposals        at: 1 + Alignment: Right + Aligned at: 1.63" +
                                                                                           Indent at: 1.75"
                 •iii. Personnel Files           •vi. Technological data
         B.    Employees who improperly use or disclose trade secrets or confidential
               business information will be subject to disciplinary action, up to and
               including termination of employment, even if they do not actually benefit
               from the disclosed information.


17.04. Use of Phone and Mail Systems:
       A. Employees will be required to reimburse the Agency for any charges
          resulting from their personal use of the telephone. Personal use of the
          telephone should be held to a minimum. The use of Agency-paid postage
          for personal correspondence must be noted and billed to the employee.
       B. To ensure effective telephone communications, employees should always
          use the appropriate greeting and speak in a courteous and professional
          manner. Please confirm information received from the caller, and hang up         Formatted: Position: Horizontal: Center,
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        C. The Agency may require a cell phone for the employee’s use. In this
           instance, the Agency will supply the phone for work related use. If a
           personal cell phone is preferred over the Agency cell phone supplied, a
           $30.00 (has this amount changed?) per month reimbursement will be paid
           for the use of their personal phone. The reimbursement amount is based
           on the CPI for phone equipment as of the year 2000. Increases are not to
           exceed that index.
        C.                                                                                   Formatted: Indent: Left: 0.5", Space After: 6
                                                                                             pt, Numbered + Level: 1 + Numbering Style: A,
17.05    Computer and Email Usage:                                                           B, C, … + Start at: 1 + Alignment: Left +
                                                                                             Aligned at: 0.25" + Tab after: 0.5" + Indent
        A. Computers, computer files, the email system, and software furnished to            at: 0.5", Tab stops: 0.75", List tab + Not at
                                                                                             0.5"
           employees are Agency property intended for business use and are not
           confidential in any matter. Employees should not use a password, access a         Formatted

           file, or retrieve any stored communication without authorization. To ensure       Formatted: Font: Not Bold, Check spelling and
                                                                                             grammar
           compliance with this policy, computer and email usage may be monitored.
                                                                                             Formatted: Font: Not Bold, Italic, Check
           The Agency strives to maintain a workplace free of harassment and                 spelling and grammar
           sensitive to the diversity of its employees. Therefore, the Agency prohibits
           the use of computers and the email system in ways that are disruptive,
           offensive to others, or harmful to morale. For example, the display or
           transmission of sexually explicit images, messages, and cartoons is not
           allowed. Other such misuse includes, but is not limited to, ethnic slurs,
           racial comments, off-color jokes, or anything that may be construed as
           harassment or showing disrespect for others.           Email or any other
           equipment may not be used to solicit others for commercial ventures,
           religious or political causes, outside organizations, or other non-business
           matters.
        B. The Agency purchases and licenses the use of various computer software
           for business purposes and does not own the copyright to this software or its
           related documentation. Unless authorized by the software developer, the
           Agency does not have the right to reproduce such software for use on more
           than one computer.
        C. Employees may only use software on local area networks or on multiple
           machines according to the software license agreement. The Agency
           prohibits the illegal duplication of software and its related documentation.
        D. Employees should notify their immediate supervisor, the General Manager
           or any member of management upon learning of violations of this policy.
           Employees who violate this policy will be subject to disciplinary action, up to
           and including termination of employment.

17.06    Internet Usage:
        Internet access to global electronic information resources on the World Wide
        Web is provided by the Agency to assist employees in obtaining work-related
        data and technology. The following guidelines have been established to help          Formatted: Position: Horizontal: Center,
        ensure responsible and productive Internet usage. While Internet usage is            Relative to: Margin, Vertical: 0", Relative to:
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       intended for job-related activities, incidental and occasional brief personal use
       is permitted within reasonable limits.
       A. All Internet data that is composed, transmitted, or received via our computer
          communications systems is considered to be part of the official records of
          the Agency and, as such, is subject to disclosure to law enforcement or
          other third parties. Consequently, employees should always ensure that the
          business information contained in Internet email messages and other
          transmissions is accurate, appropriate, ethical, and lawful.
       B. The equipment, services, and technology provided to access the Internet
          remain at all times the property of the Agency. As such, the Agency
          reserves the right to monitor Internet traffic, and retrieve and read any data
          composed, sent, or received through our online connections and stored in
          our computer systems.
       C. Data that is composed, transmitted, accessed, or received via the Internet
          must not contain content that could be considered discriminatory, offensive,
          obscene, threatening, harassing, intimidating, or disruptive to any employee
          or other person. Examples of unacceptable content may include, but are
          not limited to, sexual comments or images, racial slurs, gender-specific
          comments, or any other comments or images that could reasonably offend
          someone on the basis of race, age, sex, religious or political beliefs,
          national origin, disability, sexual orientation, or any other characteristic
          protected by law.
       D. The unauthorized use, installation, copying, or distribution of copyrighted,
          trademarked, or patented material on the Internet is expressly prohibited.
          As a general rule, if an employee did not create material, does not own the
          rights to it, or has not gotten authorization for its use, it should not be put on
          the Internet. Employees are also responsible for ensuring that the person
          sending any material over the Internet has the appropriate distribution
          rights.
       E. Internet users should take the necessary anti-virus precautions before
          downloading or copying any file from the Internet. All downloaded files are
          to be checked for viruses; all compressed files are to be checked before
          and after decompression.
       F. Abuse of the Internet access provided by the Agency in violation of law or
          Agency policies will result in disciplinary action, up to and including
          termination of employment. Employees may also be held personally liable
          for any violations of this policy.
       G. The following behaviors are examples of previously stated or additional
          actions and activities that are prohibited and can result in disciplinary action:
           •   Sending or posting discriminatory, harassing, or threatening messages
               or images
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           •   Stealing, using, or disclosing someone else's code or password without
               authorization
           •   Copying, pirating, or downloading software and electronic files without
               permission
           •   Sending or posting confidential material, trade secrets, or proprietary
               information outside of the organization
           •   Violating copyright law
           •   Engaging in unauthorized transactions that may incur a cost to the
               organization or initiate unwanted Internet services and transmissions
           •   Sending or posting messages or material that could damage the
               organization's image or reputation
           •   Sending or posting messages that defame or slander other individuals
           •   Attempting to break into the computer system of another organization or
               person
           •   Sending or posting chain letters, solicitations, or advertisements not
               related to business purposes or activities
           •   Jeopardizing the security of the organization's electronic
               communications systems
           •   Sending or posting messages that disparage another organization's
               products or services
           •   Passing off personal views as representing those of the organization
           •   Sending anonymous email messages
           •   Engaging in any other illegal activities
This is not a complete list of prohibited behaviors, but some examples to be used as
guidelines by employees using the internet facilities of the Agency.

17.07. Sexual and Other Unlawful Harassment: The Agency is committed to
       providing a work environment that is free from all forms of discrimination and
       conduct that can be considered harassing, coercive, or disruptive, including
       sexual harassment. Actions, words, jokes, or comments based on an
       individual's sex, race, color, national origin, age, religion, disability, sexual
       orientation, or any other legally protected characteristic will not be tolerated.
       The Agency provides ongoing sexual harassment training to ensure you the
       opportunity to work in an environment free of sexual and other unlawful
       harassment.
         A.      Sexual harassment is defined as 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. The
                 following is a partial list of sexual harassment examples:
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                    Making or threatening reprisals after a negative response to
                     sexual advances.
                    Visual conduct that includes leering, making sexual gestures, or
                     displaying of sexually suggestive objects or pictures, cartoons or
                     posters.
                    Verbal conduct that includes making or using derogatory
                     comments, epithets, slurs, or jokes.
                    Verbal sexual advances or propositions.
                    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.
                    Physical conduct that includes touching, assaulting, or impeding or
                     blocking movements.
                    Unwelcome sexual advances (either verbal or physical), requests
                     for sexual favors, and other verbal or physical conduct of a sexual
                     nature constitute sexual harassment when:
                      Submission to such conduct is made either explicitly or
                       implicitly as a term or condition of employment;
                      Submission or rejection of the conduct is used as a basis for
                       making employment decisions; or,
                      The conduct has the purpose or effect of interfering with work
                       performance or creating an intimidating, hostile, or offensive
                       work environment.
         B.      If you experience or witness sexual or other unlawful harassment in
                 the workplace, it should be immediately reported to the employee’s
                 supervisor. If the supervisor is unavailable or you believe it would be
                 inappropriate to contact that person, you should immediately contact
                 any member of management. You can raise concerns and make
                 reports without fear of reprisal or retaliation.
         C.      All allegations of sexual harassment will be quickly and discreetly
                 investigated. To the extent possible, your confidentiality and that of
                 any witnesses and the alleged harasser will be protected against
                 unnecessary disclosure. You will be informed when the investigation
                 is completed.
         D.      Any supervisor or manager who becomes aware of possible sexual or
                 other unlawful harassment must immediately advise any member of
                 management so it can be investigated in a timely and confidential
                 manner. Anyone engaging in sexual or other unlawful harassment
                 will be subject to disciplinary action, up to and including termination of   Formatted: Position: Horizontal: Center,
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17.08. Drug and Alcohol Use: It is the Agency's desire to provide a drug-free,
       healthful, and safe workplace. To promote this goal, employees are required
       to report to work in appropriate mental and physical condition to perform
       their jobs in a satisfactory manner. While on Agency premises and while
       conducting business-related activities off Agency premises, no employee
       may use, possess, distribute, sell, or be under the influence of alcohol or
       illegal drugs. The legal use of prescribed drugs is permitted on the job only if
       it does not impair an employee's ability to perform the essential functions of
       the job effectively and in a safe manner that does not endanger other
       individuals in the workplace.
         A.      Violations of this policy may lead to disciplinary action, up to and
                 including immediate termination of employment, and/or required
                 participation in a substance abuse rehabilitation or treatment program.
                 Such violations may also have legal consequences.
         B.      Employees with questions or concerns about substance dependency
                 or abuse are encouraged to use the resources of the Employee
                 Assistance Program. They may also wish to discuss these matters
                 with their supervisor to receive assistance or referrals to appropriate
                 resources in the community.
         C.      Employees with drug or alcohol problems that have not resulted in,
                 and are not the immediate subject of, disciplinary action may request
                 approval to take unpaid time off to participate in a rehabilitation or
                 treatment program through the Agency’s health insurance benefit
                 coverage. Leave may be granted if the employee agrees to abstain
                 from use of the problem substance; abides by all the Agency policies,
                 rules, and prohibitions relating to conduct in the workplace; and if
                 granting the leave will not cause the Agency any undue hardship.
         D.      Employees with questions on this policy or issues related to drug or
                 alcohol use in the workplace should raise their concerns with their
                 supervisor.


SECTION 18. PERSONNEL RECORDS.
18.01. Inquiries:
         A.    All requests for information pertaining to personnel records, including
               inquiries from outside the Agency, i.e., requests for references
               regarding past employment, will be directed to the General Manager or
               his designee.
         B.    Request for information by telephone will generally be limited to: job
               title, salary range and length of service. However, if withholding
               information concerning a former employee could result in potential
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               liability to the Agency, that information may be disclosed after
               consultation with the Agency’s legal counsel.
         C.    Request for information other than in "B" above shall be in writing and
               provided only upon written authorization of the employee. A copy shall
               be retained in the employee's personnel file. This includes confirmation
               requests for salary data as well as employment references.

18.02. References: Information as to the employee's job history and performance
       may be released only with the written approval of an employee or former
       employee. This provision shall be explained to separating employees at an
       exit interview, and at that time the employee will be given the opportunity to
       sign such a release.

18.03. Inspection: Personnel files are the property of the Agency. Every
       employee has the right to inspect their personnel records pursuant to
       Section 1198.5 of the Labor Code. This pertains to any records regarding
       the employee’s performance or to any grievances concerning the employee.
       This does not include any records relating to the investigation of a possible
       criminal offense, letters of reference, or ratings, reports or records that were
          (a) obtained prior to the employee’s employment, or (b) obtained in
         connection with a promotional examination.
         A.    Access to personnel files shall be restricted to Authorized Agency
               Employees.
         B.    Employees may inspect their personnel records at reasonable times
               during Agency office hours upon request by an employee or their
               representative, and in the presence of the General Manager or
               designee.
         C.    A supervisor or General Manager may inspect personnel records in
               connection with a personnel matter.
         D.    The Agency will cooperate with Federal, State, and local government
               agencies investigating an employee if the investigator furnishes proper
               identification and proof of legal authority. The Agency may permit a
               government investigator to review a personnel file on Agency premises,
               but the investigator shall not be allowed to remove or reproduce this
               information without consent from the General Manager. The employee
               shall be notified of such review unless prohibited by law or court order.

18.04. Retention: Original personnel records shall be maintained by the Agency
       for a period of five (5) years after an employee's separation. After that time,
       the records may be stored in other archival forms such as a document
       imaging system, microfilm, etc.

18.05. Medical Files: Access to an employee's medical files is restricted to the
       employee and the General Manager or his designee. Medical information               Formatted: Position: Horizontal: Center,
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         shall be released by the Agency only upon written authorization from the
         employee or to persons and/or agencies who are legally entitled.

18.06. Removal: Negative documents (i.e., letters of reprimand, orders of
       discipline, etc.) shall be removed from an employee's file as follows:
         A.    Negative documents not involving loss of salary or benefits (i.e., letters
               of reprimand) after twenty-four (24) months provided there has been no
               documented recurrence of the same or similar type conduct.
         B.    Documents involving loss of salary or benefits after three (3) years from
               the date of action upon the request of the employee and approval of the
               General Manager.


SECTION 19. GRIEVANCES.
19.01. Process:
All grievances shall be initiated at the informal step and progress accordingly.
         A. Informal Step.
              1. At this step, an employee shall discuss the grievance with his
                 immediate supervisor within five (5) working days of the incident
                 giving rise to the grievance.
               2. The immediate supervisor shall attempt to achieve an equitable
                  solution within five (5) working days after discussing the grievance,
                  and will notify the employee as to the proposed resolution.
         B. Formal Step.
             1. If the grievance has not been resolved at the informal step, the
                employee may submit a written grievance to the General Manager
                within five (5) working days after receiving the informal response
                from his immediate supervisor.
               2. Within five (5) working days from receiving the written grievance, the
                  General Manager shall respond to the employee in writing. That
                  decision is final. If the grievance pertains to a termination, steps 3 &
                  4 are valid.
       3.     If the employee is not satisfied with the General Manager's resolution,        Formatted: Indent: Left: 0.5", No bullets or
                                                                                             numbering, Tab stops: Not at 1.25"
       the grievance shall be submitted in writing to the Board of Directors within five
       (5) working days after receipt of the General Manager's written response.
       4.      The Board shall respond to the grievance within thirty (30) calendar          Formatted: Indent: Left: 0.5", Space After: 6
                                                                                             pt, No bullets or numbering, Tab stops: Not at
       days, as to whether they will hear the grievance or submit it to a third party for    1.25"
       arbitration.. During this time, the Board of Directors may not have any contact
       with the grieving employee regarding the filed grievance. The decision of the
       Board of Directors is final and binding.
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19.02. Representation: An employee may, at his own expense, be represented by
counsel at any time during the grievance process.


SECTION 20. DISCIPLINARY ACTIONS AND APPEAL PROCEDURE.
20.01. Suspensions, Demotions, Reduction in Salary and Dismissal: All
       suspensions, demotions, reductions in salary for a specified time period and
       dismissals of regular general employees shall be made in accordance with
       these rules.

20.02. Cause for Suspension, Demotion, Reduction in Salary , Dismissal: A
       regular general employee may be demoted, suspended, reduced in salary or
       dismissed only for cause pursuant to Section 5.01 of these Personnel
       Policies and Procedures.

20.03. Probationary Employee: Probationary employees may be dismissed,
       demoted, reduced in or suspended without cause, right of review or appeal.

20.043. Rules: A written copy of these rules shall be given to each employee. The
        employee shall acknowledge in writing the receipt of such rules. In doing so,
        the employee's act shall constitute presumptive proof of the employee's
        knowledge and understanding of such rules governing disciplinary actions
        and procedures.

20.054. Complaint Procedures: The Agency's complaint procedures are designed
        to ensure employees of:
         A.    The right to a discrimination-free work environment.
         B.    The right to an informal, confidential presentation of a complaint to their
               supervisor or a neutral party designated by the Agency.
         C.    The right to keep their complaint confidential until such time as they
               give the neutral parties permission to do otherwise, in order to bring the
               complaint to the appropriate authority for remedy, or until such time as
               a formal complaint is filed.
         D.    The right to review all relevant information developed and discovered
               during the course of any investigation and inquiry into the matter.
         E.    The right to a timely decision from the appointing authority, or person
               designate by the appointing authority, after full consideration of all
               relevant facts and circumstances.
         F.    The right to be represented by a person of the complainant's choosing
               at each and all steps of the process.
         G.    The right to be free from reprisals after filing a complaint.
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20.065. Notice of Proposed Action: Prior to the issuance of a written order to
        either suspend, demote, reduce salary or dismiss a regular employee,
        written notice of at least five (5) working days of the proposed disciplinary
        action shall be given before such action is to be taken and must include:
         A.    Notice of proposed action.
         B.    Reasons for proposed action.
         C.    A copy of charges stating specific incidents or specific courses of
               conduct and a copy of the written materials pertaining to those incidents
               or course of conduct.
         D.    A notice to the employee of the right to respond in writing and/or orally
               to the proposed disciplinary action before said discipline is imposed.
               The notice to the employee of the right to respond must specify at least
               a five (5) working day period except as provided below. A longer notice
               might be warranted in specific cases because of the volume of material
               or complexity of the issues involved, but only upon written request and
               with the approval of the General Manager.
               The notice of proposed disciplinary action must be in writing and be
               signed by the General Manager or the General Manager's designee.
               Upon receipt of the employee's response, the General Manager or
               designee shall review the response and determine the appropriate
               course of action. This may include imposing the same level of
               disciplinary action, modifying with less severe disciplinary action or
               rescinding the notice of proposed action.

20.076. Limitations and Exceptions:
         A.    Oral notice is insufficient as full notice to an employee and may be
               given only as the initial notice in extraordinary circumstances which call
               for immediate action.
         B.    Employees may be suspended without prior written notice in
               extraordinary circumstances when it is essential to avert harm to the
               public, other employees, or to avert serious disruption of governmental
               business. Extraordinary circumstances include, but are not limited to,
               situations involving misappropriation of public funds or property,
               working while under the influence of intoxicating liquor or drugs, open
               insubordination, commission of a crime involving moral turpitude
               punishable by imprisonment for one (1) year, and disruption of
               Agency's business through misconduct.

20.087. Order of Disciplinary Action: After completing the requirement of Section
        20.065, any employee response will be considered and a determination
        made of appropriate action. The imposition of disciplinary action to suspend,
        demote, reduce salary or dismiss is constituted by the written order. Said           Formatted: Position: Horizontal: Center,
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         the effective date of disciplinary action, the right to appeal, and specific
         charges upon which the disciplinary action is based. The effective date may
         be prior to the order, provided the circumstances warranted such immediate
         action. The order shall be signed by the General Manager. Notice of the
         time allowed for appeal and answer shall be stated in the order. A copy of
         the order shall be personally served on the employee or sent by certified
         mail to the employee's last known address.

20.098. Appeal Procedure:
         A. Notice of Appeal and Request for Hearing. An employee with permanent
            status may appeal only from an order of suspension, and request a
            hearing as provided for in these rules.
             The notice of appeal and request for a hearing must be in writing and
             must be filed with the Agency within five (5) working days of receipt of the
             order.
         B. Appellant's Answer to the Charges. If the employee appeals, a written
            answer to the charges must also be filed with the Agency within five (5)
            working days of the receipt of the order. The answer to the charges must
            be attached to the notice of appeal and request for a hearing.
             The answer must address each cause for discipline set forth in the order
             and may state specific facts or reasons as grounds for the appeal. If an
             answer denying the causes for discipline set forth in an order is not filed,
             said causes for discipline will be deemed admitted.

20.109. Hearing Procedure:
         A. Review of the Appeal.
            1. After receipt of the appeal and request for hearing, the Third Party
               Mediator or Board of Directors shall review the appeal and answer to
               the charges (at a mediation hearing/ in an executive session at
               the next regularly scheduled Board meeting) subsequent to formal
               receipt of the appeal.
             2. The Third Party Mediator or Board of Directors may elect to have the
                appeal heard by one of the following methods within thirty (30) days of
                their election:
                 a. A full hearing by the Third Party Mediator.
                 b. Appoint a hearing officer who shall present the findings and a
                    recommendation to the Third Party Mediator for a final
                    disposition.
                 c. Appoint a Disciplinary Review Board comprised of three members:
                    one member to be selected by the Agency, one member to be
                    selected by the employee and the third member to be selected by
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         1. The Disciplinary Review Board shall present findings and
            recommendations to the Third Party Mediator or Board of Directors for
            final disposition.
         2. The Third Party Mediator or Board of Directors shall have the final
            authority on all appeals and may mitigate or modify the disciplinary
            action.
         3. The Third Party Mediator or Board of Directors shall notify the Appellant
            in writing as to the governing hearing proceedings.
         B. Hearing.
             1. Time and Place.
                     a.   Pursuant to the Third Party Mediator or Board of Directors
                          decision in Section 20.109, the General Manager shall take
                          every appropriate action necessary and reasonable to
                          convene a hearing within the time prescribed.
                     b.   The Agency's representative, the appellant and/or his
                          representative and the hearing officer or Review Board shall
                          meet in a pre-hearing conference to determine the time,
                          place and manner in which the hearing will be conducted.
               2.    Purpose. The purpose of the hearing is to determine the accuracy
                     and the sufficiency of the facts attendant to the disciplinary action.
                     The Agency shall have the burden of proof. The parties may
                     stipulate to certain facts or evidence which shall be considered
                     without abridgment or adulteration by the hearing body or officers
                     upon whom the action was based and any pertinent information
                     which may establish the truth or falsity of such evidence.
               3.    Parties. The Appellant or a representative and the Agency's
                     representative shall attend the meeting. Failure of the Appellant,
                     with or without their representative, to appear in person at the time
                     and place set for the hearing shall be deemed a withdrawal of the
                     appeal, unless otherwise excused by the Third Party Mediator or
                     Board of Directors.
               4.    Rights. Each party shall have the right to:
                     a. Choose a representative.
                     b. Testify under oath.
                     c.  Call witnesses and present documentary evidence.
                     d. Question all witnesses and examine the evidence.
                     e. Argue a case.
               5.    Order of the Proceedings.
                     a.   The hearing shall be opened by the recording of the time,
                          place and date of hearing and the presence of the parties and       Formatted: Position: Horizontal: Center,
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                          case on which the disciplinary action was based. A hearing
                          guide may be used and will be made available to all parties.
                     b.   If the appeal is to be heard by the Third Party Mediator or
                          Board of Directors, the Mediator/ President of the Board
                          shall conduct the hearing. If the appeal is heard by the
                          Disciplinary Review Board, the Disciplinary Review Board
                          shall select a chairman to conduct the hearing. If a hearing
                          officer is appointed to hear the appeal, the hearing officer
                          shall have the sole discretion and authority to conduct the
                          hearing.
               6.    Report of the Hearings. A record of the proceeding shall be taken
                     and maintained by the Agency. The Agency may choose to make
                     a mechanical or electronic record of the proceedings. Costs for
                     transcripts shall be borne by the requesting party.
               7.    Adjournment. The hearing may be adjourned or recessed for
                     good cause, upon the request of a party, hearing body or hearing
                     officer.
               8.    Exhibits and Witnesses.
                     a.   The names of witnesses and exhibits shall be properly
                          identified and shall be made part of the official record. The
                          hearing body or officer may exclude witnesses not under
                          examination and admonish witnesses to refrain from
                          discussing the subject of their testimony with other witnesses
                          or potential witnesses or non-involved third parties. The
                          parties may remain at all times during the proceeding.
                     b.   Witnesses shall be required to testify under oath or
                          affirmation. The oath shall read:
                          "Do you solemnly swear (or affirm) that the testimony you are
                          about to give in this matter shall be the truth, the whole truth
                          and nothing but the truth."
               9.    Confidentiality. The hearing shall be closed to the public and shall
                     not be a public record unless an open public hearing is requested
                     and ordered.
               10. Expenses. The expenses of witnesses for either party shall be
                   paid by the party producing such witnesses. Agency employees
                   required to testify shall be on call and shall be relieved of regular
                   duties to testify. Agency employees shall receive their regular
                   compensation for the time taken to testify.
               11. Closing of Hearing. The hearing body or hearing officer shall
                   inquire if either side has anything further to offer. Upon receiving
                   negative replies, the hearing shall be closed. The hearing body or        Formatted: Position: Horizontal: Center,
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                     Mediator President of the Board and the parties within thirty (30)
                     days after the closing of the hearing.                                  Formatted: Font: 12 pt, Check spelling and
                                                                                             grammar
                     The Third Party Mediator shall act upon that recommendation by          Formatted: Font: (Default) Arial, 12 pt, Bold
                     upholding, reversing or modifying the decision. The Third Party
                                                                                             Formatted: Font: (Default) Arial, 12 pt
                     Mediator President of the Board shall notify the parties within
                                                                                             Formatted: Font: 12 pt, Not Bold, Check
                     five (5) working days of the outcome of their final decision.           spelling and grammar
                                                                                             Formatted: Font: (Default) Arial, 12 pt
SECTION 21. FRAUD POLICY
                                                                                             Formatted: No bullets or numbering
                                                                                             Formatted: Font: Not Bold, Check spelling and
21.01 General                                                                                grammar
                                                                                             Formatted: List Paragraph, Numbered +
   A. This policy describes the minimum work conduct expectations for Agency                 Level: 3 + Numbering Style: A, B, C, … + Start
      employees. The Agency expects that employees will perform their duties                 at: 1 + Alignment: Left + Aligned at: 0.25" +
                                                                                             Tab after: 0.5" + Indent at: 0.5"
      conscientiously, honestly, and in accordance with the best interests of the
                                                                                             Formatted: Font: Not Bold, Check spelling and
      Agency. This policy may include subjects that are addressed in other Agency            grammar
      policies. In such cases, the respective policy is referenced in order for the
                                                                                             Formatted: Font: Not Bold, Check spelling and
      reader to obtain additional information regarding that subject.                        grammar
                                                                                             Formatted: Font: Not Bold, Check spelling and
   B. It is the policy of the Agency that all employees must, at all times, comply with      grammar
      all applicable laws and regulations.                                                   Formatted: Font: Not Bold, Check spelling and
                                                                                             grammar
       C. The Agency will not condone and will initiate disciplinary/prosecutorial           Formatted: Font: Not Bold, Check spelling and
                                                                                             grammar
          action against any employee who violates the law or engages in unethical
          business dealings. This includes any payments in consideration of illegal          Formatted: Font: (Default) Arial, 12 pt

          acts, indirect contributions, rebates, and bribery.                                Formatted: Font: 12 pt
                                                                                             Formatted: Font: 12 pt, Not Bold, Check
                                                                                             spelling and grammar
       D. All business conduct should be well above the minimum standards
          required by law. Accordingly, employees must ensure that their actions             Formatted                                       ...
          cannot be interpreted as being, in any way, in contravention of the laws           Formatted                                       ...
          and regulations governing the Agency’ operations.                                  Formatted                                       ...
                                                                                             Formatted                                       ...
21.02. Responsibilities                                                                      Formatted: Font: (Default) Arial, 12 pt
                                                                                             Formatted: Indent: Left: 0"
   A. Employees: Every employee is responsible for reading and obtaining an
                                                                                             Formatted                                       ...
      understanding of this policy. Employees uncertain about the application or
                                                                                             Formatted                                       ...
      interpretation of the contents of this policy should obtain clarification from their
                                                                                             Formatted: Font: (Default) Arial, 12 pt
      immediate supervisor.
                                                                                             Formatted: Check spelling and grammar

   B. Supervisors:    All supervisors are responsible for discussing the                     Formatted                                       ...
      contents of this policy with their staff, as needed. Any questions                     Formatted: Font: Bold
      regarding this policy should be addressed to the appropriate manager.                  Formatted                                       ...
                                                                                             Formatted                                       ...
   C. Management: All managers are responsible for knowing the contents of this              Formatted: Font: Not Italic
      policy and are required to be prepared to competently address any concerns or
                                                                                             Formatted                                       ...
      questions raised by their staff..
                                                                                             Formatted                                       ...
                                                                                             Formatted                                       ...

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                                                                                             Formatted: Font: Not Italic, Check spelling
                                                                                             and grammar
   D. Human Resources: The Human Resources Department is responsible
      for the posting of this policy. This policy is applicable to all current               Formatted: Font: (Default) Arial, 12 pt, Not
                                                                                             Italic, Check spelling and grammar
      employees and new hires. Human Resources is responsible for
                                                                                             Formatted: Font: Not Italic
      proposing updates to this policy when appropriate, and monitoring
                                                                                             Formatted: Font: (Default) Arial, 12 pt, Not
      compliance through audits that are performed.                                          Bold, Check spelling and grammar
                                                                                             Formatted: Numbered + Level: 1 +
21.03. Agency Funds:                                                                         Numbering Style: A, B, C, … + Start at: 1 +
                                                                                             Alignment: Left + Aligned at: 0.25" + Indent
   A. Employees who have access to Agency funds in any form must follow the                  at: 0.5"
      prescribed procedures for recording, handling, and protecting money as                 Formatted: Font: (Default) Arial, 12 pt, Not
      detailed in the Agency’s instructional manuals or other explanatory materials,         Bold, Check spelling and grammar
      or both. The Agency imposes strict standards to prevent fraud and dishonesty.          Formatted: Font: (Default) Arial, 12 pt

   B. When an employee's position requires spending Agency funds or incurring any            Formatted: Font: (Default) Arial, 12 pt, Not
                                                                                             Bold, Check spelling and grammar
      reimbursable personal expenses, that individual must use good judgment on
      the Agency’s behalf to ensure that good value is received for any expenditure.         Formatted: Numbered + Level: 1 +
                                                                                             Numbering Style: A, B, C, … + Start at: 1 +
                                                                                             Alignment: Left + Aligned at: 0.25" + Indent
   C. Agency funds and all other assets of the Agency are for Agency purposes and            at: 0.5"
      not for personal use, except as provided under specific policies. This includes        Formatted: Font: (Default) Arial, 12 pt, Not
      the personal use of Agency assets, such as vehicles and computers.                     Bold, Check spelling and grammar
                                                                                             Formatted: Font: (Default) Arial, 12 pt
21.04.Conflict of Interest: Employees must not use their position or the knowledge
gained as a result of their position for private or personal advantage if such action        Formatted                                      ...
would be in conflict with the interests of the Agency. Regardless of the                     Formatted                                      ...
circumstances, if employees sense that a course of action they have pursued, are             Formatted: Font: (Default) Arial, 12 pt
presently pursuing, or are contemplating may involve them in a conflict of interest
                                                                                             Formatted
with the Agency, they should immediately communicate all the facts to their                                                                 ...
supervisor.                                                                                  Formatted                                      ...
                                                                                             Formatted                                      ...
21.05    Outside Activities, Employment, and Directorships: All employees share              Formatted                                      ...
         a responsibility for the Agency’s good public relations, especially at the          Formatted                                      ...
         community level. Their readiness to help with charitable, educational, and
                                                                                             Formatted: Font: (Default) Arial, 12 pt
         civic activities brings credit to the Agency and is encouraged. Employees
                                                                                             Formatted                                      ...
         must, however, avoid acquiring any business interest or participating in any
                                                                                             Formatted
         other activity outside the Agency that would (1) create excessive demand                                                           ...

         upon their time and attention, thus depriving the Agency of their best efforts      Formatted                                      ...
         on the job; and/or (2) create a conflict of interest, an obligation, interest, or   Formatted                                      ...
         distraction that may interfere with their ability to make independent job-          Formatted                                      ...
         related decisions that are in the best interests of the Agency.                     Formatted: Font: Not Bold
                                                                                             Formatted                                      ...
                                                                                             Formatted: Font: Not Bold
21.06    Relationships With Contractors and Suppliers: Employees shall not
                                                                                             Formatted                                      ...
         invest in or acquire a financial interest in any business organization that has
                                                                                             Formatted: Font: (Default) Arial, 12 pt
         a contractual relationship with the Agency, or that provides goods or
         services, or both to the Agency.                                                    Formatted                                      ...
                                                                                             Formatted                                      ...

21.07    Conflict of Interest and Disclosure Code: The Agency has adopted a                  Formatted: Font: Not Bold

         Conflict of Interest and Disclosure Code. The provisions of this Code are           Formatted                                      ...
                                                                                             Formatted                                      ...

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                                                                                           Formatted   ...
                                                                                           Formatted   ...
                                                                                           Formatted   ...
         additional to Government Code Section 87100 and the laws pertaining to
                                                                                           Formatted
         conflicts of interest. Each person holding a designated position listed in the                ...

         Code shall file a statement disclosing his/her interest in investments,           Formatted   ...
         business positions, real property and income designated as reportable under       Formatted   ...
         the category to which his/her position is assigned and otherwise comply with      Formatted   ...
         the Code. This Code may be obtained from the Secretary to the Board.              Formatted   ...
                                                                                           Formatted   ...
21.08 Gifts, Entertainment and Favors: Employees must not accept entertainment,            Formatted   ...
gifts, personal favors, or preferential treatment that could influence business            Formatted   ...
decisions in favor of any person or organization with whom or with which the Agency
has, or is likely to have, business dealings.                                              Formatted   ...
                                                                                           Formatted   ...
21.09 Kickbacks and Secret Commissions: Employees may not receive payment                  Formatted   ...
or compensation of any kind, except as authorized under the Agency’s compensation
                                                                                           Formatted
policies. In particular, the Agency strictly prohibits the acceptance of kickbacks and                 ...
secret commissions from suppliers or others.                                               Formatted   ...
                                                                                           Formatted   ...
21.10          Agency Records: Accurate and reliable records of many kinds are             Formatted   ...
necessary to manage the affairs of the Agency and to meet the Agency’s legal and
                                                                                           Formatted
financial obligations. The Agency’s books and records must reflect in an accurate and                  ...
timely manner all business transactions. The employees responsible for accounting          Formatted   ...
and record keeping must fully disclose and record all assets, liabilities, or both, and    Formatted   ...
must exercise diligence in enforcing these requirements. Employees must not make           Formatted   ...
any false record or engage in any false communication, whether internal or external,
including but not limited to, false expense, attendance, production, financial, or other   Formatted   ...
misleading representations.                                                                Formatted   ...
                                                                                           Formatted   ...
21.11 Confidentiality: When handling financial and personal information about              Formatted   ...
customers, Agency employees, or others with whom the Agency have dealings, must
observe the following principles:                                                          Formatted   ...
                                                                                           Formatted   ...
     A. Collect, use, and retain only the personal information necessary for               Formatted   ...
        the Agency’s business. Whenever possible, obtain any relevant
                                                                                           Formatted
        information directly from the person concerned. Use only reputable                             ...
        and reliable sources to supplement this information.                               Formatted   ...
                                                                                           Formatted   ...
     B. Retain information only for as long as necessary or as required by                 Formatted   ...
        law. Protect the physical security of this information.
                                                                                           Formatted   ...
     C. Limit internal access of personal information to those with a legitimate           Formatted   ...
        business reason for seeking that information.                                      Formatted   ...
                                                                                           Formatted   ...
     D. Safeguard proprietary and confidential information except when                     Formatted   ...
        disclosure is authorized or required by law.
                                                                                           Formatted   ...
                                                                                           Formatted
21.12 Reporting of Fraudulent Activity: If employees become aware, or even                             ...
suspicious, of any evidence of fraudulent activity, they should immediately advise         Formatted   ...
their supervisor or call the Agency’s Human Resource at extension 7003 or 7054 or          Formatted   ...
the General Manager. An anonymous message may be left on either extension.                 Formatted   ...
                                                                                           Formatted   ...
                                                                                           Formatted   ...

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                            Appendix A
      MEDICAL EXPENSE REIMBURSEMENT POLICY AND PROCEDURES

POLICY:
Payment to employees for reimbursement for out of-pocket medical expenses and
other costs as listed below, shall be authorized as a fringe benefit not to exceed
$1,500 per employee per fiscal year.
SCOPE
The policy does not allow cash to be taken. It is a “use it or lose it” benefit to cover
only the following needs:
     1. The cost of all co-pays for health, vision and dental needs in excess of the coverage.
     2. The additional cost, over the contribution rate of the agency’s Flexible Benefits Plan (currently $850.00
        per month) to cover a premium higher than the contribution rate.
     3. Investment into a 457 plan or other deferred compensation plan to supplement retirement.

EFFECTIVE:               July 1, 2004
PROCEDURES:
   1. Reimbursement for Medical Expenses
      a. All Agency employees receive an agreed amount not to exceed $1,500
           by filling out the “Pooled Reimbursement Option Form”
           (\\frodo\public\forms\templates\personnel) to identify the fringe benefits,
           per fiscal year, to be used.
      b. The employee shall submit a request for reimbursement of medical
           expenses on a Financial Requisition Form (\\frodo\public\forms). The
           medical expenses shall be described, along with the date and the
           amount paid.
      c. The Agency will reimburse eligible expenses up to $1,500 for the
           following items:
            i. Medical insurance co-payments.
           ii. Insurance deductible amounts.
          iii. Costs in excess of insurance coverage for such items as eyeglasses,
                contact lenses, and prescriptions.
   2. Obtaining Reimbursement of Eligible Expenses
      a. To claim reimbursement of eligible medical expenses, an employee must
         submit to the Finance Department a completed Expense Voucher form
         approved by their supervisor or departmenthdepartment head. The
         Expense Voucher form shall have original receipts or required stubs or
         other required forms attached.
      b. For HMO co-payments and for vision-related expenses, the employee
         shall complete an Expense Voucher form and attach original payment
         receipts.
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       c. To claim expenses or co-payments for prescriptions, the prescription stub
          from the pharmacy must be attached to a completed Expense Voucher
          form. Cash register receipts are not accepted as proof of purchase.
       d. For dental insurance claims, the employee shall attach to the Expense
          Voucher form the original Explanation Of Benefits (“EOB”) form received
          from Delta Dental and any receipt from the dentist for any deductible
          paid. The EOB shows the amount billed by the provider, the amount paid
          by the insurer and the amount due from the employee. This form is
          mailed to the employee's home by Delta Dental several weeks after the
          participating dentist has performed the service. Expense Voucher forms
          submitted without an EOB will be held in Accounting without payment
          until the EOB form is submitted.
       e. For employees with PPO-PERS Care and PERS Choice, the employee
          shall attach to the Expense Voucher form the original Explanation of
          Benefits (EOB) from Blue Cross. The EOB shows the amount billed by
          the provider, the amount paid by the insurer and the amount due from the
          employee. This form is mailed to the employee's home by Blue Cross
          several weeks after the participating doctor has performed the service.
          Expense Voucher forms submitted without an EOB will be held in
          Accounting without payment until the EOB form is submitted.
       f. Employees do not have to participate in an Agency provided health plan
          to participate in the medical reimbursement fringe benefit. Any doctor
          provided service or prescribed health expense up to $300.00 will be
          reimbursed provided the original receipt for the service is attached to a
          completed Expense Voucher form.
       g. The Agency will not reimburse for health insurance premiums for health
          insurance not provided by the Agency.
       h. Prior Year EOB's Received in the Current Year: When an employee
          receives an EOB in the current fiscal year for an expense or co-payment
          incurred in the previous fiscal year, the expense will be reimbursed to the
          employee in the current fiscal year. However, expenses or co-payments
          incurred prior to the end of a fiscal year may be charged to the
          employee's previous fiscal year Medical Reimbursement Account if EOB's
          and statements are received in Accounting prior to July 31 of the
          following fiscal year.
       i. Time Payments: When an employee makes arrangements with a doctor,
          medical or dental group for time payments for co-payment amounts not
          covered by insurance, the co-payment amounts shall be reimbursed in
          the fiscal year paid, up to the maximum amount available under the
          reimbursement policy. The Agency should be informed in writing as soon
          as possible of the time payment plan and the payment schedule and
          amounts. Notification can be made along with submission of the
          reimbursement form and (if required) the EOB. Time payment amounts
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           reimbursable for that year under this policy shall not be carried forward
           into the next fiscal year.




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                                   Appendix B
                           EDUCATIONAL REIMBURSEMENT FORM
                                         (to be updated Annually in September)


                                           Use the TAB Key to navigate this form


                                                                  Date:

                                                    Employee Name:

                                      Name of Accredited College:

                                                Address of College:

                                                Degree Applied For:


                                       Expected Date of Graduation:
Course Description                                                               Units   Course Dates                   Grade




The Agency encourages its employees to continue education directly related to their employment. In order to do so,
the following procedure will be observed:
 A. Prior to enrollment, an educational plan will be submitted and approved by the employee's supervisor and the General
Manager via an ”Educational Assistance Request” (“EAR”). (\\frodo\public\forms).
 B. Upon successful completion of the course(s) with a minimum final grade (or equivalent) of "C" or better, the Agency will
reimburse the employee for lab fees, registration, parking fees, supplies, textbooks and other costs related to a course, along
with tuition, up to an amount not to exceed the cost of the same courses taken at a local State university. (California State
University San Bernardino).
 C. The employee shall submit a request for reimbursement, attaching proof of the successful completion of the course and all
receipt, along with a copy of the original “Educational Assistance Request” form.
                                                                             School                                    Per Unit
Annual Calculation Table                                                         Year                    Tuition        Cost
University Of California at Riverside                                 2003-2004 $                       1,694.75   $      564.92
California State University San Bernardino (quarter Hours)            2003-2004                           468.50          156.17
Calpoly Pomona                                                        2003-2004                           421.00          140.33
                                                    Per Quarter Hour:                                                     160.00
                                                  Per Semester Hour:                                                      209.00



Employee Signature                                                                                         Date:



Supervisor Approval                                                                                        Date:

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