Standard of Care; Performance of Employees Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant agrees that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Finally, Consultant represents that it, its employees and subconsultants shall have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the Term of this Agreement. As provided for in the indemnification provisions of this Agreement, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
DISCIPLINE OF EMPLOYEES Section 1 Employees may be disciplined, suspended, and discharged only for a reason that is not arbitrary or capricious. The employer shall utilize corrective, progressive, discipline in such cases and shall initiate action within thirty (30) days of becoming aware of an employee’s conduct giving rise to such action. The progressive discipline steps may include: verbal warning, written warning or written reprimand, suspension with or without pay, and discharge. It is understood and agreed that corrective progressive discipline allows the Board to skip lower levels of discipline and impose higher levels of discipline, including discharge, so long as there is just cause for the discipline which is imposed based upon the employee’s conduct or disciplinary history. Notice of verbal warning shall be documented in writing and labeled “verbal warning” with a copy presented to the employee and a copy placed in the employee’s personnel file. All forms of written discipline shall be presented to the employee and a copy shall be placed in the employee’s personnel file. Verbal warning notices shall be removed from the personnel file two (2) years after their issuance, providing there is no further disciplinary action during the two (2) year period. If there is further disciplinary action within this two-year period, the verbal warning notice permanently will remain in the personnel file.
Section 2 All employees shall be entitled upon request to have present an Association representative during any disciplinary action or any investigation that may lead to disciplinary action.
Section 3 When any material, other than necessary employment information, is to be placed in a bargaining unit member’s personnel file, the affected bargaining unit member shall review and sign and date said material. Such signature shall be understood to indicate awareness of the material but in no instance shall said signature be interpreted to mean agreement with the content of the material. The preceding statement shall be placed on any such material to be placed in an employee’s personnel file immediately adjacent to the employee signature. If an employee refuses to sign such material, the refusal shall be noted on the material and the material shall be placed in the employee’s personnel file.
Notification of Employees A. Written notice of layoff shall be given to an employee or sent by mail to the last known mailing address at least fourteen (14) calendar days prior to the effective date of the layoff. Notices of layoff shall be served on employees personally at work whenever practicable.
B. It is the intent of the parties that the number of layoff notices initially issued shall be limited to the number of positions by which the work force is intended to be reduced. Additional notices shall be issued as other employees become subject to layoff as a result of employees exercising reduction rights under Section 5.
C. The notice of layoff shall include the reason for the layoff, the proposed effective date of the layoff, the employee's hire date, the employee's layoff points, a list of classes in the employee's occupational series within the layoff unit, the employee's rights under Sections 5. and 6. and the right of the employee to advise the County of any objection to the content of the layoff notice prior to the proposed effective date of the layoff.