SUPERVISION AND CONSTRUCTION PROCEDURES 4.3.1 The Contractor shall supervise and direct the Work, using his / her best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract. All aspects of the Project shall be subject to the inspection and approval of the State. Contractor guarantees to repair, replace, re-execute or otherwise correct any defect in workmanship, materials, or the like that fails to conform to the requirements of this Contract or that appears during the progress of the Work or within one year of final acceptance by the State.
4.3.2 The Contractor shall be responsible to the State for the acts and omissions of his / her employees, Subcontractors and their agents and employees, and other persons performing any of the Work under a contract with the Contractor.
4.3.3 The Contractor shall not be relieved from his / her obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Architect in his / her administration of the Contract, or by inspections, tests or approvals required or performed under Paragraph 7.7 by persons other than the Contractor.
4.3.4 The Contractor shall acquaint himself (herself / itself) with the limits of the property or right- of-way of the State and shall not trespass on other property. The Contractor shall adequately protect the project, adjacent property and the public, and shall be responsible for any damage or injury due to the Contractor’s act or neglect, and shall save the State harmless in respect thereto.
4.3.5 All work shall be done in such a manner as not to interfere with the State’s operating functions. Contractor and his employees shall familiarize themselves and comply with all rules and regulations applicable to the project.
4.3.6 The Contractor shall keep the premises free from liens arising out of or from the Project. Contractor shall obtain and submit waivers of liens with a request for a progress or final payment.
Evaluation Procedures 11.1 The evaluation process is intended to provide objective feedback to an employee from their immediate supervisor to ensure satisfactory or better performance of assigned duties within their job description. It is not to be used as discipline, but can be used to inform the employee of less than satisfactory performance in an effort to have that performance improve to satisfactory or better levels within an appropriate timeframe.
11.1.1 Each employee shall have an annual conference with a written evaluation every two (2) years. Annual conferences will focus on employee contributions and areas for growth in the following year. Annual conferences shall be documented, in writing, and placed in the employee’s personnel file. The written evaluations and annual conferences shall be done by April 1 of each appropriate year. Should there be a need for an unscheduled written evaluation (one that is not a probationary or regular assessment) the immediate supervisor shall indicate on the evaluation form that it is an unscheduled evaluation and is for a specific issue or concern,
11.1.2 Probationary employees shall receive written evaluations no later than the end of the 3rd and 5th months of the probationary period.
11.1.3 Written evaluations shall be presented in a conference between the employee and their immediate supervisor. An employee may request an Association Representative to be present at these meetings.
11.1.4 Evaluations shall be based upon the immediate supervisor’s observation and knowledge of the employee's job performance. The immediate supervisor shall be a management or supervisory employee.
11.1.5 Any area of concern than may affect an employee’s written performance evaluation should be discussed with the employee within fifteen (15) days of its occurrence so that the employee is aware of the concern and can take corrective action with the goal of the concern not being necessary on the written performance evaluation.
11.2 The evaluation shall be made on a standard form which is provided for this purpose (Appendix F). The Exclusive Representative shall be notified of any proposed change of the evaluation form.
11.3 Prior to placing an evaluation in the employee's file, the employee and the evaluator shall review and discuss the evaluation and any material that is to be incorporated into the file.
11.3.1 The evaluation shall be signed by the employee and the evaluator. Additionally, the Chief Human Resources Officer shall review and sign Classified Staff Evaluation Forms. The employee's signature denotes solely that a joint review of the evaluation document(s) has taken place.
11.3.2 The employee shall receive a copy of the evaluation and may attach a written statement.
11.3.3 Following the review, the employee's evaluation shall be placed in the personnel file.
11.3.4 An evaluation that contains any rating of “needs improvement,” or
11.3.5 Salary Schedule Step Increases
11.3.5.1 Step increases are subject to a satisfactory overall performance evaluation rating of “Meets Standards” or “Exceeds Standards.” This section applies only to an overall performance evaluation rating, not individual sections of an employee’s performance evaluation.
11.3.5.2 For an employee to not receive their step increase at the normal time (July 1), an employee must receive a written evaluation no later than April 1 in order to allow them sufficient time to achieve an overall performance evaluation rating of “Meets Standards” or higher.
11.3.5.3 If an employee received an overall rating of “Needs Improvement” or “Unsatisfactory”, the employee will not receive a step increase until they obtain an overall rating of “Meets Standards” or “Exceeds Standards”.
11.3.5.4 If an employee’s scheduled step date is within 90 days of the performance evaluation needing improvement and the employee is able to improve within the 90 day time frame, the employee will receive the step increase on the first of the following month and retroactive pay back to the scheduled step date.
11.3.5.5 If the employee does not obtain a satisfactory overall rating within the 90 days of their scheduled step date, the employee will receive a step increase upon receipt of a satisfactory overall evaluation. The pay increase will be effective the first of the month following the satisfactory evaluation. NOTE: Appendix F of the Collective Bargaining Agreement shall be revised to reflect the above changes. The parties shall review and approve revisions of Appendix F prior to their being updated in the Collective Bargaining Agreement.
11.4 The personnel file of each employee shall be maintained at the San ▇▇▇▇ Obispo County Office of Education Human Resources Department.
11.5 Any materials, except as specifically excluded by 11.6 of this Article, relative to an employee's employment relationship shall be contained in the employee's personnel file.
11.5.1 Contents of the personnel file shall be kept in the strictest confidence in keeping with appropriate provisions of the California Education and Government Codes.
11.5.2 The Employer shall keep a log indicating the person(s) who have examined personnel file as well as the date on which such examination was made. The log shall be maintained in the employee's personnel file.
11.5.3 Any complaint relative to an employee's work performance from a person other than the employee's evaluator shall be in writing and signed by the person complaining. The Chief Human Resources Officer shall review all written complaints prior to the complaint being placed in the employee’s personnel file. Any complaint or charge that is withdrawn shall be removed from the employee's personnel file. Upon written request to the Employer, a complaint or charge that has been proven to be false and unsubstantiated shall be removed from the employee's personnel file.
11.6 Materials in the personnel file of an employee which may serve as a basis for affecting employment status are available for inspection by the employee or by a representative designated in writing by the employee. Ratings, reports, or records which were obtained prior to the employment of the employee shall be excluded from any review by the employee or the employee's representative.
11.6.1 An employee shall be allowed to inspect the personnel file upon request, provided that the request and inspection is made at a time when such employee is not actually required to render services to the Employer.
11.6.2 Information of a derogatory nature, except as that contained in an evaluation or excluded by 11.6 of this Article, shall not be placed in an employee's personnel file unless the employee is given notice of the pending placement and an opportunity to review and comment thereon.
a. The employee shall be notified and shall receive a copy of any derogatory information at least ten (10) days before the material is placed in the employee's personnel file.
b. The employee shall be given the opportunity to initial and date the material and to prepare a written response. The written response shall be attached to the material.
c. The review shall take place during normal business hours and the employee shall be released from duty without loss of pay for this purpose.
Collection Procedures (a) On or before the Closing Date, the Seller and the Purchaser shall have established and shall maintain thereafter the system of collecting and processing Collections of Receivables in accordance with Section 2.02 of the Servicing Agreement.
(b) The Seller shall cause all in-store payments to be (i) processed as soon as possible after such payments are received by the Seller but in no event later than the Business Day after such receipt, and (ii) delivered to the Servicer or, if a Daily Payment Event has occurred, deposited in the Collection Account no later than the second Business Day following the date of such receipt.
(c) The Seller and the Purchaser shall deliver to the Servicer or, if a Daily Payment Event has occurred, deposit into the Collection Account all Recoveries received by it within two Business Days after the Date of Processing for such Recovery.
(d) Any funds held by the Seller representing Collections of Receivables shall, until delivered to the Servicer or deposited in the Collection Account, be held in trust by the Seller on behalf of the Trustee as part of the Trust Estate.
(e) The Seller hereby irrevocably waives any right to set off against, or otherwise deduct from, any Collections.
(f) The Seller acknowledges that Seller shall not have any right, title or interest in and to any Trust Account.
Notification Procedures To address non-compliance, the receiving Competent Authority would notify the providing Competent Authority pursuant to Article 5 of the IGA. The notification procedures would differ depending upon whether the receiving Competent Authority seeks to address administrative or other minor errors or significant non-compliance.