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HomeMy WebLinkAboutAGENDA REPORT 2001 1219 CC REG ITEM 11I150 . I (b) ITTE M /I ., f- City, C Fans 3 k: r :7;;� of 12-1,1- D t ACT_10N:M ReSD iG�D( -tR2lo MOORPARK CITY COUNC I LLB v �- AGENDA REPORT By: TO: The Honorable City Council FROM: Kenneth C. Gilbert, Director of Public Works �� DATE: December 7, 2001 (Council Meeting 12- 19 -01) SUBJECT: Resolution No. 2001- Amending City Council Policies to Add Provisions for the Pre - Qualification of Bidders, and Rescinding Resolution No. 99 -1671. OVERVIEW This presents for approval, a new City Council Policy regarding the pre - qualification of bidders for major construction projects. As set forth in the draft policy, the City Manager shall be responsible for the implementation of this policy. Accordingly, the form and content of the actual pre - qualification package used for any given project would be determined by staff, subject to the approval of the City Manager. It is anticipated that this document will be revised prior to each application, to both "tailor" it to accommodate the specific project at hand, and to refine and improve the questions and the process based on experience learned through prior use. BACKGROUND On December 5, 2001, the City Council received a draft copy of the proposed City program. The City Council discussed some possible changes to document. Those suggestions will be considered in preparing the Pre - Qualification package for the first project to require bidder pre - qualification. As previously mentioned, it is anticipated that the Community Pool Project will be the first project requiring the use of this program. On December 5, 2001, the City Council also asked that a copy of the final pre - qualification package be provided to the City Council. When finalized, a copy of that package will be provided to the City Council. HCC _pol_bids City Council Policy Re: Pre - Qualification of Bidders December 7, 2001 Page 2 DISCTJSSTnTq The attached Resolution rescinds the prior Resolution on City Council Policies and re- adopts those policies with a new Policy Number 15, pertaining to the pre - qualification of bidders. The proposed language for Policy 15 is re- stated here as follows: "SECTION 15. POLICY 15 — PRE- QUALIFICATION OF BIDDERS 1. City Program The City Manager shall cause to be prepared, the City of Moorpark Bidder Pre - Qualification Program [herein "City Program "]. The City Program shall set forth guidelines and procedures related to the pre - qualification of bidder for Projects as defined herein. The City Program shall be consistent with the requirements of a) Sections 1103, 4107 and 20101 [AB574] of the Public Contracts Code and statues amendatory or supplementary thereto, and b) the bidder pre - qualification model documents promulgated by the State Department of Industrial Relations [herein "DIR "]. The City Program shall be maintained and updated as needed, by the City Manager or his /her designee. 2. Applicability All construction projects with an estimated construction cost exceeding one million dollars ($1,000,000) [herein "Project ") shall require the pre - qualification of bidders. To that end, the bidding documents for all Projects shall include provisions for the pre - qualification of bidders in a manner consistent with the procedures and requirements set forth in the City Program. Notwithstanding the above, certain exceptions to these requirements may be authorized as follows: A. The City Manager may waive bidder pre - qualification for any Project, provided a report is forwarded to the City Council at least ten (10) days prior to the Notice Inviting Bids, stating the reasons for, and/or the benefits resulting from, such a waiver; and B. The City Council may waive these requirements for any Project. 3. Project Specific Program vs. Annual Program The DIR "model documents" describe two separate programs: a) one for "project specific" bidder pre - qualification; and b) one for an annual bidder pre - qualification process. The City Program shall set forth a project specific bidder pre - qualifications HCC_pol_bids 4 $l� City Council Policy Re: Pre - Qualification of Bidders December 7, 2001 Page 3 the best interest of the City to administer an annual bidder pre - qualifications process for a number of Projects, the City Program shall be modified for such purpose, provided all such revisions and modifications are consistent with the requirements of the DIR model documents. 4. Evaluation Committee Pre - qualification packages shall be reviewed and scored by an Evaluation Committee. The Evaluation Committee for each Project or annual process shall consist of one (1) to three (3) staff members or consultants retained for such purpose, as determined by the City Manager or his /her designee. 5. Appeals Panel The Appeals Panel shall consist of one or more staff members or consultants retained for such purpose, as determined by the City Manager, provided that no member of the Evaluation Committee shall sit on the Appeals Panel." STAFF RECOMMENDATION Adopt Resolution No. 2001- Attachments: Exhibit 1: Resolution HCC _po1_bids RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING COUNCIL POLICIES AND RESCINDING RESOLUTION NO. 99 -1671 WHEREAS, it is advantageous for the City Council to have a compilation of its policies; and WHEREAS, the City Council has directed that its policies be compiled and adopted as a resolution; and WHEREAS, on September 2, 1998, the City Council adopted Resolution No. 98 -1509 adopting revised Council Policies; and WHEREAS, on October 20, 1999, the City Council adopted Resolution No. 99 -1671 revising said policies; and WHEREAS, the City Council has determined that revisions are required to add Policy 15, pertaining to the pre - qualification of bidders for construction project. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. POLICY 1 - STREET NAMING All street names shall be approved by the City Council subject to the concurrence of the County Fire Department. The following criteria shall be used: North /South streets shall be designated as avenues or roads; East /West streets as streets or drives; and cul- de -sacs as circles, courts or places. SECTION 2. POLICY 2 - REPAYMENT DOCUMENTS FOR VILLA CAMPESINA DEFERRED LOANS The City Manager is authorized to execute all deferred loan repayment documents for Villa Campesina Affordable Housing Development (Tract 4147). SECTION 3. POLICY 3 - MEETING AND CONFERENCE EXPENSE On various occasions it will be necessary for City Officials, elected and appointed, and staff to attend meetings outside the City or County on City business. Such occasions fall basically into three categories: 1. Meetings /Seminars /Training Sessions, which do not require overnight accommodations; Resolution No. 2001 - Page 2 2. Conferences /Training Sessions requiring overnight accommodations, or which require an expenditure exceeding $250.00; and 3. Travel for regular /special meetings. A. Meetings /Seminars /Training Sessions (one day and return) 1. The costs of registration, meals, parking and mileage are allowable City expenses. Attendance at City expense shall be subject to the advance approval of the City Manager. 2. An individual proposing to attend at City expense shall file a rough -draft copy of the Claim for Reimbursement of Travel Expenses with the City Manager at least 24 hours prior to the date of attendance. 3. The City Manager shall not approve such attendance unless funds have been appropriated and are available for the subject purpose. 4. Wherever possible, registration fees will be paid in advance by the City. The individual attending shall advance all other necessary costs. 5. Upon return to the City, the individual attending shall complete the Claim for Reimbursement of Travel Expense, in final form, and submit it to the City Manager for reimbursement. B. Conferences /Training Sessions (Requiring Lodging) 1. The costs of registration, lodging, meals, parking and mileage are allowable City expenses. Attendance at City expense shall be subject to the advance approval of the City Manager, if funds have been appropriated for the travel. Otherwise, it shall require approval and an appropriation of funds by the City Council. 2. The individual attending shall file a rough -draft copy of the Claim for Reimbursement of Travel Expenses with the City Manager, at least one week prior to the City Council Meeting preceding the date of the Conference /Training Session. Resolution No. 2001 - Page 3 3. The City Manager shall determine whether funds have been appropriated and are available for said proposed expenditure and shall either approve /disapprove the travel or refer to the City Council and recommend attendance /non- attendance based on the availability of funds, proposed content of the meeting and other meetings in the same general subject area which may be scheduled later during the budget year. 4. After approval by the City Manager or City Council, staff will, if possible, make advance arrangements to pay registration and lodging fees and to make an advance payment in the amount not to exceed 100% of the balance of the estimated cost. S. Upon return to the City, the individual attending shall complete the Claim for Reimbursement of Travel Expenses, in final form with supporting receipts or cash tickets, and submit it within 10 days of their return to the City Manager for reimbursement, or refund of any overage. Total receipts for meals and associated tips will be honored up to $50.00 per day based on the following limits of $10.00 for breakfast, $15.00 for lunch and $25.00 for dinner. Meals can be combined. 6. The traveler may receive a per diem allowance for meals plus tips. The per diem allowance shall conform to the currently allowed Internal Revenue Service (IRS) allowance for California cities. It shall be prorated when appropriate. 7. When the individual attending an approved conference is accompanied by his or her spouse or another companion, the allowable cost for lodging shall be only that which would be allowed if the individual were traveling alone. The lodging and all other expenses of the spouse or traveling companion are personal and not reimbursable by the City. C. Staff Travel - Regular /Special Meetings Staff assigned or directed by the City Manager to attend area meetings, or special meetings which are scheduled from time to time during the regular course of business, shall be reimbursed for actual mileage, meals and other appropriate expenses on an actual cost basis. Staff members receiving a travel allowance will be reimbursed ,x Resolution No. 2001 - Page 4 for actual mileage for trips on City business outside of the six county area (Santa Barbara, Ventura, Los Angeles, San Bernardino, Riverside, and Orange). Mileage will be calculated from the City as point of departure to the destination. Mileage expense for the use of a personal vehicle for travel shall be at the rate currently allowed by the Internal Revenue Service provided, however, that the total expense of said travel shall not exceed the combined total of the round -trip air fare to the destination, plus the private vehicle mileage expense to and from the airport and appropriate parking fees. Attendance at a special meeting, for which funds are not appropriated, in Sacramento /Washington, D.C. or other City at which attendance by the City of Moorpark is deemed urgent, and which occurs at a time which precludes advance approval by the Council as a whole, may be authorized by the Mayor and one other member of the City Council, subject to the ratification of the expense and appropriation of funds at the next regular Council Meeting. D. Council and Commissioner Expenses The travel and expense reimbursement of members of the Council, the Planning Commission, and the Parks, and Recreation Commission shall be governed by the same rules contained in this policy with the following exception. The certified Claim for Expense Reimbursement form shall be reviewed and subject to the approval of the City Council Budget and Finance Committee. If a member of the Budget and Finance Committee submits a Claim for Expense Reimbursement, it shall be subject to the approval of the two most senior, by tenure, members of the City Council who are not members of the Budget and Finance Committee. SECTION 4. POLICY 4 - REPORTS FROM APPOINTEES 1. Reports are required from appointees to the following: Area Agency on Aging Area Housing Authority Moorpark Mosquito Abatement District Ventura County Transportation Committee Air Pollution Control District Advisory Committee 2. A report shall be required for each scheduled meeting of the agency, authority, district, commission or committee and is Resolution No. 2001 - Page 5 due in written form to the City Council five (5) days following the meeting. In lieu of a written report, an oral report may be presented to the Council under the public comment portion of the next regularly scheduled City Council meeting after the meeting of the agency, authority, district, etc. 3. Where the City is represented by more than one person, the appointees shall coordinate and collaborate their efforts so only one report is presented to the Council. 4. If neither the appointee nor alternate is in attendance at a meeting of the agency, authority, district, etc., or if the meeting is canceled, that will be reported to the Council by the appointee(s) as prescribed above. SECTION 5. POLICY 5 - ADVERTISING AND APPOINTMENT POLICY FOR CITIZEN APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES 1. At the end of each calendar year, a list will be prepared and posted at the Community Center and Library of all citizen appointive positions and their expiring term of office as well as any requirements for the position. The list shall remain posted for the month of January. 2. Not later than one month prior to the expiring term of office of a citizen appointee, the City will post a notice of the expiring term and advertise in a newspaper of local distribution for interested persons in the appointive position. 3. Interested persons will be asked to submit a City Board, Commission, and Committee Application. 4. When an unscheduled vacancy occurs on the Planning Commission or Parks and Recreation Commission, notice will be posted in compliance with the Maddy Act requirements. 5. The City Clerk shall maintain a resource list of citizens who have expressed an interest in serving as appointees on advisory boards, commissions and committees and will have them complete an application. The annual assessment district mailer will include a request for persons interested in serving as a City Council appointee to contact the City Clerk. Resolution No. 2001 - Page 6 6. A press release on every vacancy shall be prepared and sent to the Moorpark Star and all other papers of local distribution regarding an expiring or unscheduled vacancy. 7. The Moorpark Internet Home Page shall carry the yearly appointment list and a request for communication with the City Clerk in the event a citizen has an interest in being placed on the appointee resource list. 8. A notice regarding every vacancy shall be cablecast on the City's governmental and information channel (Channel 10) along with the request for communication with the City Clerk in the event a citizen has an interest in being placed on the appointee resource list. 9. As per Government Code Section 40605, the Mayor shall make all appointments to boards, commissions and committees. 10. The procedure for appointments shall be as follows: A. The Mayor shall solicit suggested nominees from members of the Council. B. Prior to making a motion for appointment, the Mayor shall announce the names of all persons he /she intends to nominate, and in the order to be nominated, for a board, commission, or committee. C. The Mayor shall then make a motion putting forth each individual name to be approved for appointment. D. A second shall be required. E. The Council shall vote on each appointment individually. SECTION 6. POLICY 6 - CITY COUNCIL STANDING COMMITTEES 1. Standing Committees The Council Standing Committees shall be: Budget and Finance Affordable Housing /Community Development Economic Development Public Works, Facilities and Solid Waste Transportation and Streets Each committee shall consist of two Council members and a designated alternate. One member of the Budget and Finance _ , J, Resolution No. 2001 - Page 7 2. 3. M Committee shall be the Mayor or Mayor Pro Tem. This does not preclude both the Mayor and Mayor Pro Tem from serving on this committee at the same time. The Budget and Finance Committee shall serve as the Mobilehome Hardship Review Panel, along with the mobilehome park owner, in compliance with Section 5.52.140.B of the Moorpark Municipal Code; however, if the Mayor is not a member of the Budget and Finance Committee, then the Mobilehome Hardship Review Panel shall consist of the Mayor and the Mayor Pro Tem along with the mobilehome park owner. Committee Appointments With the approval of the majority of the members of the City Council, the Mayor shall make all appointments to Standing Committees of the City Council, including the designated alternate. The appointments shall be made at the first re ularl h d 1 d g y sc e u e meeting in January of each year. Alternates to Committees To avoid potential Brown Act violations of having more than two City Councilmembers consider an item at the committee level, each City Councilmember should determine: a) pursuant to applicable provisions of the Political Reform Act, if a potential conflict of interest exists (consult with the City Attorney if necessary); b) although there is no conflict of interest under the Political Reform Act, there is a desire to avoid an appearance of conflict; or c) if for other reasons a decision is made not to participate. If a Councilmember should so determine /decide not to participate, then that City Councilmember shall contact the designated alternate to serve in his /her place for that item. If the City Councilmember determines /decides not to continue participating after having been involved in Committee discussions of a specific item, he /she should contact the City Attorney to determine if the alternate can serve on the Committee for that item. If an alternate has a conflict or otherwise is not available, the Mayor shall serve or request another City. Councilmember to serve. Ad Hoc Committee Items shall be assigned to Standing Committees whenever possible. If not so assigned, at the Mayor's discretion, an Ad Hoc Committee shall be formed. Resolution No. 2001 - Page 8 Ad Hoc Committees are not generally subject to the provisions of the Brown Act unless composed of members other than less than a quorum of the legislative body. 5. Assigned Staff Budget and Finance - Assistant City Manager Affordable Housing/ Community Development - Director of Community Development Economic Development - Assistant City Manager Public Works, Facilities and Solid Waste - Public Works Director Transportation and Streets - Public Works Director The City Manager may designate an alternate and /or substitute as determined necessary. 6. Meeting Schedule A regular meeting schedule for Standing Committees shall be approved by minute action of the City Council at the first regularly scheduled meeting in January each year. 7. Agenda and Reports out of Committee. The assigned staff person to a Council Committee will prepare an agenda for the Committee meetings. In addition, the staff person will provide action minutes to the full Council within seventy -two (72) hours of the Council Committee meeting showing the Committee's recommendation. Concurrence with the staff's recordation of Committee recommendation(s) to the full Council will be completed prior to the adjournment of the Committee meeting in order to accurately report to the full Council via the action minutes. Action minutes will not formally be approved by the Committee. 8. Committee Assignments The City Manager shall maintain a list of specific assignments for each Standing Committee. The list shall be distributed to the Mayor, City Council and City Staff each calendar quarter (January, April, July and October). 9. Items Referred to Committee Items may be referred to Committee from City Council approved objectives; by the Council at a Council meeting; by staff; or by an individual Councilmember. Resolution No. 2001 - Page 9 10. Items Referred to the Full Council from Committee A consensus of the Committee is required to send an item back to the full Council. A consensus relative to a recommendation on the item need not have been reached. SECTION 7. POLICY 7 - PROCESS FOR PREPARATION OF INITIAL DRAFTS OF ORDINANCES BY CITY DEPARTMENTS (If the draft ordinance is initiated by the Planning Commission or Parks & Recreation Commission, the process may deviate from that outlined here.) 1. Step One - Staff confers with the City Attorney at a scheduled meeting after first determining if the City Manager wants to participate. Staff will bring any sample ordinance to the meeting. City Attorney to determine lead time (Step One to Step Six), except when the City Manager determines that staff priorities or Council direction require adjustment of the lead time, but generally a minimum of two weeks in most instances will be required -- possibly longer depending upon the length, complexity of the ordinance and quality of the sample ordinances. Agenda deadlines should be considered in determining lead time. The meeting with the City Attorney shall be scheduled on the first Wednesday afternoon of the month by contacting the Executive Secretary. 2. Step Two - Staff confers with City Clerk for codification determination and section number confirmation. 3. Step Three - Staff drafts the ordinance for content and format and if necessary reviews with City Manager during the drafting process. 4. Step Four - City Manager reviews draft ordinance. 5. Step Five - Modem draft ordinance to City Attorney. (Contact the City Attorney's office to determine what type of word processing file must be created to modem the file.) 6. Step Six - City Attorney reviews for content and form; makes changes in legislative format and returns draft ordinance, making comments if required. Management staff, to the Management Analyst and Associate Planner level, who are authorized by the Department Head, may seek input directly from the City Attorney. Resolution No. 2001 - Page 10 7. Step Seven - Staff reviews changes made by City Attorney, if any, and discusses with City Attorney and City Manager as needed. Meeting with City Attorney to be scheduled on the first Wednesday afternoon of the month. 8. Step Eight - Recognize and reconcile differences. If differences cannot be reconciled, talk to the City Manager, if still unable to reconcile differences, write the staff report to recognize the points of disagreement. 9. Step Nine - If needed, schedule public hearing after City Attorney and City Manager have approved the draft ordinance. SECTION 8. POLICY 8 - TEMPORARY USE PERMIT FEE WAIVERS 1. Once each calendar year, a City of Moorpark organization having non - profit status may apply for and be granted a temporary use permit fee waiver for one event. 2. The Director of Community Development shall waive a Temporary Use Permit Fee pursuant to this Policy after an eligible organization has submitted: a) a completed temporary use permit application; b) a request for fee waiver; and c) proof of non - profit status. 3. Examples for which Temporary Use Permits are issued are special events such as Christmas tree sales, promotional parking lot sales, church carnivals, Country Days and sidewalk sales. 4. The Temporary Use Permit shall be issued for a single event of less than thirty (30) consecutive days in duration. SECTION 9. POLICY 9 - NON - PROFIT ORGANIZATIONS ANNUAL FACILITY RESERVATION POLICY 1. Once each calendar year, a City of Moorpark organization having a non - profit status, may reserve the Arroyo Vista Recreation Center OR the Moorpark Community Center to hold one (1) event with only direct staff costs being charged to that organization. 2. Those events which qualify shall be of a nature whereby the benefit of the event will serve the community and /or involve all those City residents who are interested in this event. Examples for which these procedures may apply include citywide events by Girl or Boy Scouts, service organization events, ti. A °, {5 � ✓ rte? F..% Resolution No. 2001 - Page 11 including fund - raising activities, and special events, such as Country Days, which have a direct benefit to City residents. 3. Regular organizational meetings or activities shall not qualify for this reduced fee. 4. Direct staff costs shall be defined as hourly staff costs, including all personnel benefit costs required for the event. 5. The Director of Community Services shall waive the standard rental fees pursuant to these procedures after an eligible organization has submitted: a) a completed Facility Reservation Form; b) a request for fee waiver; and c) proof of non - profit status. 6. One -time events shall further be defined as an event for one day per calendar year, not to exceed twelve (12) hours. 7. City staff shall maintain a record of each organization's request for the one - time -event fee, and shall notify the organization if they have already used their one - time -event option within a calendar year. SECTION 10. POLICY 10 - GUIDELINES FOR THE USE OF THE CITY'S SOCIAL SERVICES ACCOUNT 1. Each Councilmember and the City Manager is authorized to expend funds as the need may arise and receive reimbursement for said expenditures from the City's Social Services Account up to an amount not to exceed $200 per occurrence when said individual has made this determination. 2. When said expenditure is made, the individual will cause the reimbursement request to be placed on the City Council's next regular meeting agenda for approval by the City Council. SECTION 11. POLICY 11 - REFUNDS FOR BUSINESS REGISTRATION The City will not issue refunds for business registration permits. SECTION 12. POLICY 12 - FLAG ETIQUETTE 1. The Flag of the United States of America and the Flag of the State of California will be displayed at each municipal facility which has an appropriate flagpole. 2. The National and State Flags are to be displayed daily from the start of the business day through the close of the Resolution No. 2001 - Page 12 business day during the normal work week. Flags may be flown 24 hours per day if appropriately lighted. 3. Flag etiquette allows the flag to be displayed during inclement weather provided it is made of all weather material (such as the flags the City uses). If it rains after raising of the flag, the flag will remain on the pole. If it is raining prior to raising the flag, the flag will not be raised; however, it may be raised later, weather permitting, and remain until close of the business day. 4. Flags will be flown at half -staff when ordered by the President or the Governor of the State as follows: President, Ex- President or President elect Vice President, the Chief Justice or retired Chief Justice of the United States or the Speaker of the House of Representatives Associate Justice of the Supreme Court; a Secretary of an executive or military department; a former Vice President; or Governor of a State, territory or possession. Member of Congress By order of the President 30 days 10 days Day of death to day of interment Day of death and day following Period to be prescribed By order of the Governor; Day of death to day at the death of any local of interment public safety officer killed in the line of duty. 5. Flags will be flown at half -staff from the day of death to the day of interment for any currently seated Member of the City Council, Member of the City Council Elect or any previously seated Member of the City Council. Q00 4 C Resolution No. 2001 - Page 13 6. Flags will be flown at half -staff from the day of death to the day of interment for any currently serving City Manager or City Department Head. 7. Flags will be flown at half -staff from the day of death to the day of interment for any City employee killed in the line of duty. 8. When a flag is no longer fit for display, it will be destroyed in a dignified way such as by an American Legion Post at Flag Disposal Ceremonies on Flag Day (June 14) each year. 9. It is the responsibility of the Community Services Department or the service contractor of an offsite municipal building (such as City Engineering /Building & Safety) to display the National and State Flags at municipal facilities in accordance with the pamphlet AOur Flag" published by the Joint Committee on Printing United States Congress by authority of House Concurrent Resolution 361, 100th Congress (includes Title 36, Chapter 10 of the United States Code). 10. The City Manager or his designee is to determine at what location(s) flags are to be flown 24 hours and for ceremonial purposes. SECTION 13 POLICY 13 - CONFLICT OF INTEREST APPRAISAL 1. Conflict of Interest Appraisals shall be allowed as provided below: A. Two conflict of interest appraisals shall be allowed per year per Councilmember. B. One conflict of interest appraisal shall be allowed per year per Planning Commissioner. C. One conflict of interest appraisal shall be allowed per year per for the City Manager. D. One conflict of interest appraisal shall be allowed per year for the Director of Community Development. 2. The amount of funding for conflict of interest appraisals shall be a budgetary consideration determined during the budget process as the Council looks at actual projects that are likely to be considered during the following fiscal year. Resolution No. 2001 - Page 14 SECTION 14. POLICY 14 - SEXUAL HARASSMENT The purpose of this policy is to define City policy with regard to sexual harassment and to establish procedures to deal with sexual harassment in the work place. 1. Policy It is the policy of the City to promote and maintain a work environment which is free from sexual harassment. The City is committed to vigorously enforcing this policy. To this end, guidelines which include disciplinary action including termination, have been established to support this policy. 2. Procedure A. Definition of Sexual Harassment 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: 1. Submission to such conduct is either an explicit or implicit term or condition for or of employment (e.g., promotion, salary increase, transfer, etc.); or 2. An employment decision is based on an individual's acceptance or rejection of that conduct; or 3. The conduct has the purpose or effect of substantially interfering with an individual's work performance, or creating an intimidating, hostile or offensive work environment. 4. Examples of such conduct include but are not limited to: a. Unwanted sexual advances; b. Visual conduct including but not limited to: leering, making sexual gestures or movements, displaying of sexually suggestive objects or pictures, cartoons or posters; C. Verbal conduct including but not limited to: making or using derogatory comments, epithets, slurs, jokes, sexual advances or propositions; d. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually 4'Y "O0 Resolution No. 2001 - Page 15 degrading words used to describe an individual, suggestive or obscene letters, notes, voice mail or E -mail messages, or invitations. e. Physical assaults of a sexual nature, such as, rape, sexual battery, molestation, or attempts to commit these assaults. f. Intentional physical conduct that is sexual in nature, such as, touching, pinching, patting, grabbing, brushing against another's body, or poking another's body. B. Management Responsibility Sexual harassment, whether committed by City supervisors or employees, is specially prohibited as being unlawful and against stated City policy. In addition, the City will not tolerate sexual harassment of City employees by non - employees, such as elected or appointed officials, volunteers, vendors or members of the public. C. Policy Implementation 1. It is the responsibility of Administrators, Department Managers, Supervisors and employees to make sure that their facility or facilities are in compliance with this Policy. All employees are accountable for compliance. 2. Employees who have complaints or who witness sexual harassment must report such conduct using the complaint procedure outlined in D. below. 3. It is the responsibility of the City's Personnel Director to provide guidance, investigate charges of impropriety and recommend appropriate action. All complaints must be investigated. The City Manager and City Attorney will provide guidance and assistance in proper handling of any allegations. D. Complaint Procedure Any employee who believes that the actions or words of a supervisor, co- worker, or non - employee such as elected or appointed official, volunteer, vendor or member of the public, constitute unlawful harassment, has a responsibility to act, report or complain as soon as possible, in accordance with the policy set forth below. The procedure identifies actions an employee may take and establishes the persons with whom an Resolution No. 2001 - Page 16 employee may appropriately report allegations of sexual harassment. 1. Any employee who believes he or she is being harassed should politely but firmly confront the harassing party and demand that the behavior or action cease immediately. If practical, the complaining employee should have a witness present for the discussion and should document the date, the content of the discussion and the harassing party's response and reaction. 2. The employee should report any instance of unlawful harassment to his /her supervisor or manager. 3. If the complaint involves a manager or supervisor, the employee can go directly to the Personnel Director. 4. If the complaint involves the Personnel Director, the complainant shall report the complaint directly to the City Manager. 5. If the complaint involves the City Manager, the complainant shall report the complaint to the Personnel Director. 6. Investigation of the complaint will normally include conferring with the parties involved, apparent witnesses and the City Attorney. All involved employees shall be guaranteed an impartial and fair investigation. 7. If the investigation reveals that the complaint is valid, prompt attention and disciplinary action designed to stop the harassment immediately and to prevent its recurrence will be taken. E. Non - retaliation 1. The City recognizes that the question of whether a particular action or incident is a purely personal, social relationship without a discriminatory employment effect requires an impartial determination based on all facts in this matter. Any employee bringing a sexual harassment complaint or assisting in the investigation of such a complaint in good faith will not be adversely affected in terms and conditions of employment, nor discriminated against or discharged because of the complaint. Resolution No. 2001 - Page 17 2. A record of a sexual harassment complaint brought in good faith will not be included in the employee's personnel file if the complaint is found to be unwarranted after conducting an investigation. If a complaint is found to be a malicious false accusation, the employee who brought forth the complaint will be subject to disciplinary action. SECTION 15. POLICY 15 - PRE - QUALIFICATION OF BIDDERS 1. City Program The City Manager shall cause to be prepared, the City of Moorpark Bidder Pre - Qualification Program [herein "City Program "]. The City Program shall set forth guidelines and procedures related to the pre - qualification of bidder for Projects as defined herein. The City Program shall be consistent with the requirements of a) Sections 1103, 4107 and 20101 [AB574] of the Public Contracts Code and statues amendatory or supplementary thereto, and b) the bidder pre - qualification model documents promulgated by the State Department of Industrial Relations [herein "DIR"]. The City Program shall be maintained and updated as needed, by the City Manager or his /her designee. 2. Applicability All construction projects with an estimated construction cost exceeding one million dollars ($1,000,000) [herein "Project ") shall require the pre - qualification of bidders. To that end, the bidding documents for all Projects shall include provisions for the pre - qualification of bidders in a manner consistent with the procedures and requirements set forth in the City Program. Notwithstanding the above, certain exceptions to these requirements may be authorized as follows: A. The City Manager may waive bidder pre - qualification for any Project, provided a report is forwarded to the City Council at least ten (10) days prior to the Notice Inviting Bids, stating the reasons for, and /or the benefits resulting from, such a waiver; and B. The City Council may waive these requirements for any Project. Resolution No. 2001 - Page 18 3. Project Specific Program vs. Annual Program The DIR "model documents" describe two separate programs: a) one for "project specific" bidder pre - qualification; and b) one for an annual bidder pre - qualification process. The City Program shall set forth a project specific bidder pre - qualifications process. However, should it be determined by the City Manager that it would be in the best interest of the City to administer an annual bidder pre - qualifications process for a number of Projects, the City Program shall be modified for such purpose, provided all such revisions and modifications are consistent with the requirements of the DIR model documents. 4. Evaluation Committee Pre - qualification packages shall be reviewed and scored by an Evaluation Committee. The Evaluation Committee for each Project or annual process shall consist of one (1) to three (3) staff members or consultants retained for such purpose, as determined by the City Manager or his /her designee. S. Appeals Panel The Appeals Panel shall consist of one or more staff members or consultants retained for such purpose, as determined by the City Manager, provided that no member of the Evaluation Committee shall sit on the Appeals Panel. SECTION 16. This Council Policies resolution shall be updated from time to time as needed but not less often than following each General Municipal Election beginning in 1998. The revised resolution will be presented to the City Council for review and adoption. SECTION 17. Resolution 99 -1671 is hereby rescinded. Resolution No. 98 -1509, rescinded by Section 16 of Resolution No. 99 -1671, shall remain rescinded. T Resolution No. 2001 - Page 19 SECTION 18. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this day of , 2001. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk