I acknowledge that I have received a copy of Coldwell Banker Commercial, Bosanek and Flores
Company Policy Manual on the date shown below. I understand that this Policy Manual is a general guide and does not constitute a contract or agreement of employment nor does this Company Policy
Manual constitute a guarantee of continued employment or continued relationship as an employee. I understand that I have the absolute right to separate from my employment with Coldwell Banker
Commercial, Bosanek and Flores at will and at any time, and that Coldwell Banker Commercial,
Bosanek and Flores likewise has the absolute right to terminate my employment or my relationship as an employee at will and at any time. I further understand that Coldwell Banker Commercial, Bosanek and Flores reserves the right to change any provision or terminate any policies, procedures or benefit programs at any time and/or increase contributions toward the benefit programs noted in this manual at any time and for any reason. This policy manual is the property of Coldwell Banker Commercial,
Bosanek and Flores and must be returned upon my termination.
I acknowledge that I have received a copy of the Coldwell Banker Commercial, Bosanek and Flores
Company Policy Manual on the date shown below. I understand that I am an Independent Contractor and not an employee of Coldwell Banker Commercial, Bosanek and Flores as defined by the Internal
Revenue Service. I understand that as an Independent Contractor I retain absolute discretion and judgment in the way I carry out listing and selling activities, but I agree to carry out those activities in compliance with State law, rules and regulations, and in accordance with this Company Policy Manual.
I understand I must be a Licensed Real Estate Agent with the State of California and must maintain my
License. I understand that I have the absolute right to terminate my relationship as an Independent
Contractor at will and at any time with Coldwell Banker Commercial, Bosanek and Flores, and that
Coldwell Banker Commercial, Bosanek and Flores likewise has the absolute right to terminate my relationship as an Independent Contractor at will and at any time. I further understand that Coldwell
Banker Commercial, Bosanek and Flores reserves the right to change any provision or terminate any policy or procedure noted in this manual at any time and for any reason. This policy manual is the property of Coldwell Banker Commercial, Bosanek and Flores and must be returned upon my termination.
Employee Signature Independent Contractor Signature
Independent Contractor Name (please print) Employee Name (please print)
Date Date
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20
Page 1

DISCLAIMER AND ACKNOWLEDGEMENT
GENERAL POLICIES
Introductory Statement
Right to Revise
At-Will Employment Status
Names and Addresses
Personnel Records
Performance Evaluations
Holidays
Worker’s Compensation
Worker’s Compensation and FMLA/CFRA
Public Image
Customer Relations
Conflicts of Interest
Conducting Personal Business
Off-Duty Conduct
Personal Appearance
Dress Code
Confidentiality
Standards of Conduct and Discipline
Open Door
Equal Employment Opportunity
Harassment
Security/Workplace Violence
Insurance on Personal Effects
News Media Contacts
Internet/Email Services
Supplies; Expenditures; Obligating the Company
Employer Property
Use of Electronic Media
Bulletin Boards
Employee Property
Smoking
Alcohol and Drug Abuse
Prohibited Conduct
Telecommuting
Health & Safety
Driving
Recreational Activities and Programs
Voluntary Termination
Involuntary Termination and Progressive Discipline
Employee/Independent Contractor References
SALARIED/HOURLY ADMINISTRATION
Workday
Employment
Full-Time Employees
Temporary Employees
Meal and Rest Periods
Payment of Wages
Overtime for Non-Exempt Employees
Punctuality and Attendance
Expense Accounts
Ergonomics
Reductions in Force
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 2
1
13
13
14
14
14
15
16
16
8
10
10
11
11
12
13
13
16
17
18
18
19
19
19
19
19
8
9
9
9
7
7
8
8
6
6
6
6
5
5
5
21
21
21
22
22
22
20
20
20
20
20

Unauthorized Giving of Property Information
EMPLOYEE BENEFITS
Medical Insurance
Disability Insurance
Unemployment Compensation
Social Security
Paid Sick Leave and Worker’s Compensation
External Employee Education
Pay for Mandatory Meetings/Training
Personal Vehicle Mileage
EMPLOYEE LEAVE
Bereavement Leave
Domestic Violence Leave
Holiday Leave
Jury Duty and Witness Leave
Military Leave
Sick Leave
Kin Care Leave
Required Use of Paid Sick Leave Before Unpaid Leave
Pregnancy Disability Leave
School Activities
Suspension
Vacation
Required Use of Vacation Before Unpaid Sick Leave
Victims of Crime Leave
Volunteer Civil Service Leave
Time Off For Voting
INDEPENDENT CONTRACTORS
Independent Contractor Status
Affiliation Agreement; Compliance Affidavit
Non-Supervision
Recruitment Bonus
Independent Contractors Bonuses and Commissions
Company Services
CREST EDG Forms
Franchised Services
Franchised Services Exceptions
Franchised Identity Standards
Personal Assistant
Licensure; Board of Realtors
Unfair Advantage; Ethics
Do-Not-Call List
Knowledge of Inventory
Production Standards
Competence; Education
Compensation
Commission Schedule
Commission Sharing
Independent Contractors’ Personal Property Transactions
Commission/Client Dispute Resolution
Errors and Omissions Insurance
Action Against the Company and an Independent Contractor
Suits for Commission
Taxes; Unemployment Compensation
Sales Meetings; Tours
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 3
25
26
26
27
28
28
28
29
29
35
35
35
35
36
36
36
31
32
33
33
34
34
34
34
34
36
37
37
37
37
37
30
30
31
31
31
31
31
23
24
24
24
25
25
25
25
22
22
23
23
23
23

Incoming Calls
Check-In and Check-Out
Long Distance Calls
Auto Insurance
Vacations
Termination; Company Property
Payment After Termination
AGENCY DISCLOSURE, ELECTION AND CONFIRMATION POLICY
History
Transactions and Documents Affected
Summary of Company Agency Policy “Consensual Dual Agency for In-House
Sales, Single Agency Otherwise”
Single Agency Policy
Fidelity to the Client
POLICY IN COMMON – REAL ESTATE LISTINGS AND TRANSACTIONS
Listings; Acceptability of
Listings; Terms of, Changes In, Cancellations
Listings; Assignment of
Seller and/or Lessor Listing
Dual Agency; Content of Disclosure
Sharing with Buyer and/or Lessee’s Broker
In-House Transactions with Buyer and/or Lessee
When the Buyer and/or Lessee is Naïve or Very Inexperienced
Confirmation by Buyer and/or Lessee
Cooperative Transaction with Other Brokers
Confirmation and Counter-Offers
Fee Sharing with Buyer and/or Lessee’s Agents
Written Contract with Buyer and/or Lessee
Turnaround Sales
In-House Listings
Earnest Money Deposits; Size; Form
Earnest Money Deposits; Handling of
Opening Escrow
Fail of Transaction
Close of Transaction
SELECTIVE DUAL AGENCY POLICY
Disclosure Requirements
Policy in Dual Agency Conflicts
40
40
43
43
44
44
44
44
45
45
41
42
42
42
43
43
43
43
43
41
41
41
41
41
38
38
38
38
38
38
39
40
40
40
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 4

Welcome! As an employee or independent contractor of Coldwell Banker Commercial, Bosanek and
Flores (the “Company”), you are an important member of a team effort. We hope that you will find your position with the Company rewarding, challenging, and productive.
Because our success depends upon the dedication of our employees and independent contractors, we are highly selective in choosing new members of our team. We look to you, other employees, and independent contractors to contribute to the success of the Company.
This policy manual is intended to explain the terms and conditions of employment of all full- and parttime employees, Independent Contractor's Agreements and Supervisors. Written employment contracts between Coldwell Banker Commercial, Bosanek and Flores and some individuals may supersede some of the provisions of this manual.
This manual summarizes the policies and practices in effect at the time of publication. This manual supersedes all previously issued handbooks and/or manuals and any policy or benefit statements or memoranda that are inconsistent with the policies described here. Your supervisor or manager will be happy to answer any questions you may have.
RIGHT TO REVISE
This policy manual contains the employment policies, independent contractual agreements and practices of Coldwell Banker Commercial, Bosanek and Flores in effect at the time of publication. All previously issued handbooks and any inconsistent policy statements or memoranda are superseded.
Coldwell Banker Commercial, Bosanek and Flores reserves the right to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in this manual or in any other document, except for the policy of at-will employment. However, any such changes must be in writing and must be signed by Brent Bosanek AND Daniel Flores of Coldwell Banker Commercial, Bosanek and Flores.
Any written changes to this manual will be distributed to all employees and independent contractors so that employees and independent contractors will be aware of the new policies or procedures. No oral statements or representations can in any way alter the provisions of this manual.
This manual sets forth the entire agreement between you and Coldwell Banker Commercial, Bosanek and Flores as to the duration of employment or duration of independent contractor agreement and the circumstances under which employment or said agreement may be terminated. Nothing in this policy manual or in any other personnel document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment or independent contractor agreement for any employee or independent contractor.
AT-WILL EMPLOYMENT STATUS
Coldwell Banker Commercial, Bosanek and Flores personnel are employed on an at-will basis.
Employment at-will may be terminated with or without cause and with or without notice at any time by the employee or the Company. Nothing in this manual shall limit the right to terminate at-will employment. No manager, supervisor, independent contractor or employee of the Company has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at-will terms. Only the Owners, Brent Bosanek and Daniel
Flores of Coldwell Banker Commercial, Bosanek and Flores, have the authority to make any such agreement, which is binding only if it is in writing and signed by both owners.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 5

NAMES AND ADDRESSES
Coldwell Banker Commercial, Bosanek and Flores is required by law to keep current all employees’ names and addresses. Employees are responsible for notifying the Company in the event of a name or address change.
PERSONNEL RECORDS
You have a right to inspect certain documents in your personnel file, as provided by law, in the presence of a Company representative at a mutually convenient time. No copies of documents in your file may be made, with the exception of documents that you have previously signed. You may add your comments to any disputed item in the file.
Coldwell Banker Commercial, Bosanek and Flores will restrict disclosure of your personnel file to authorized individuals within the Company. Any request for information contained in personnel files must be directed to Brent Bosanek or Daniel Flores. Only Brent Bosanek and Daniel Flores are authorized to release information about current or former employees or independent contractors.
Disclosure of personnel information to outside sources will be limited. However, Coldwell Banker
Commercial, Bosanek and Flores will cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required.
PERFORMANCE EVALUATIONS
Each employee and independent contractor will receive periodic performance reviews conducted by his or her supervisor. Your first performance evaluation will take place a minimum of 12 months after the 1st day of employment or within 12 months from the day your independent contractor's agreement was signed. The frequencies of performance evaluations may vary depending upon length of service, job position, past performance, changes in job duties, or recurring performance problems.
Your performance evaluations may review factors such as the quality and quantity of the work you perform, your knowledge of the job, your initiative, your work attitude, and your attitude toward others.
The performance evaluations are intended to make you aware of your progress, areas for improvement, and objectives or goals for future work performance. Favorable performance evaluations do not guarantee increases in salary or promotions. Salary increases and promotions are solely within the discretion of Brent Bosanek AND Daniel Flores and depend upon many factors in addition to performance. After the review, you will be required to sign the evaluation report simply to acknowledge that it has been presented to you, that you have discussed it with your supervisor, and that you are aware of its contents.
HOLIDAYS
The Company’s office is open for business five days a week except for the following holidays: ½ day
New Year’s Eve, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day,
Day After Thanksgiving, ½ day Christmas Eve, and Christmas Day. If any holiday falls on Saturday, it will be observed the prior Friday or if any holiday falls on Sunday, it will be observed the following
Monday. Consideration will be given those employees who desire to observe special religious services on days when the office normally is open. Administrative staff may choose between Martin Luther King
Day or Presidents Day. However, Coldwell Banker Commercial, Bosanek and Flores may close on another day or grant compensating time off instead of closing. Holiday observance will be announced in advance. However one administrative staff member must be at work to answer phones.
Each nonexempt employee’s eligibility for holiday pay begins after completion of his or her trial period.
To be eligible for holiday pay, you must be regularly scheduled to work on the day on which the holiday is observed and must work your regularly scheduled working days immediately preceding and immediately following the holiday, unless an absence on either day is approved in advance by Brent
Bosanek or Daniel Flores. If you are required to work on a paid scheduled holiday you will receive 1.5 times your regular pay.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 6

WORKER’S COMPENSATION
You are protected by the Company’s workers’ compensation insurance policy while employed or in contract with Coldwell Banker Commercial, Bosanek and Flores, at no cost to you. The policy covers you in case of occupational injury or illness.
Coldwell Banker Commercial, Bosanek and Flores, in accordance with state law, provides insurance coverage for employees and independen t contractor’s in case of work-related injury. The workers’ compensation benefits provided to injured employees may include:

Medical care;

Cash benefits, tax free, to replace lost wages; and

Assistance to help qualified injured employees return to suitable employment.
To ensure that you receive any workers’ compensation benefits to which you may be entitled, you will need to:

Immediately report any work-related injury to your supervisor;

Seek medical treatment and follow-up care if required;

Complete a written Employee’s Claim Form (DWC Form 1) and return it to Brent Bosanek or
Daniel Flores; and

Provide the Company with a certification from your health care provider regarding the need for workers’ compensation disability leave, as well as your eventual ability to return to work from the leave.
Upon submission of a medical certification that an employee or independent contractor is able to return to work after a workers’ compensation leave, the employee, or independent contractor, under most circumstances will be reinstated to his or her same position held at the time the leave began, or to an equivalent position, if available. An employee returning from a workers’ compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if the employee on workers’ compensation leave would have been laid off had he or she not gone on leave, or if the employee’s position has been eliminated or filled in order to avoid undermining the Company’s ability to operate safely and efficiently during the leave, and no equivalent or comparable positions are available, then the employee would not be entitled to reinstatement.
An employee’s return depends on his or her qualifications for any existing openings. If, after returning from a workers’ compensation disability leave, an employee is unable to perform the essential functions of his or her job because of a physical or mental disability, the Company’s obligations to the employee may include reasonable accommodation, as governed by the Americans with Disabilities Act.
The law requires Coldwell Banker Commercial, Bosanek and Flores to notify the workers’ compensation insurance company of any concerns of false or fraudulent claims.
WORKER’S COMPENSATION AND FMLA/CFRA
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 7

PUBLIC IMAGE
All persons Independent Contractors with the Company will conduct their business activities so as to enhance and promote the good will and reputation of the Company. All work areas must be kept neat and orderly. People using common areas such as lunchrooms, conference rooms and restrooms are expected to keep them sanitary. Please clean up after meals and dispose of trash properly. All customers of the Company must be treated with courtesy and respect. The Company encourages all Independent Contractors and employees to be active in and contribute to the good of the community.
CUSTOMER RELATIONS
Employees and independent contractors are expected to be polite, courteous, prompt, and attentive to every customer. When an employee encounters an uncomfortable situation that he or she does not feel capable of handling, your manager should be called immediately. Ours is a service business and all of us must remember that the customer always comes first. Our customers ultimately pay all of our wages.
Remember, while the customer is not always right, the customer is never wrong.
Customers are to be treated courteously and given proper attention at all times. Never regard a customer's question or concern as an interruption or an annoyance. You must respond to inquiries from customers, whether in person or by telephone, promptly and professionally.
Never place a telephone caller on hold for an extended period. Direct incoming calls to the appropriate person and make sure the call is received.
Through your conduct, show your desire to assist the customer in obtaining the help he or she needs. If you are unable to help a customer, find someone who can.
All correspondence and documents, whether to customers or others, must be neatly prepared and errorfree. Attention to accuracy and detail in all paperwork demonstrates your commitment to those with whom we do business.
Never argue with a customer. If a problem develops or if a customer remains dissatisfied, ask your supervisor or the owner to intervene.
All phone calls are to be returned by the appropriate employee or independent contract, i.e. listing agent. Complaints to the contrary will be documented, and retained in your personnel files and reported to the owners. Repeated offences will be subject to appropriate disciplinary action, up to, and including termination.
CONFLICTS OF INTEREST
All employees and independent contractors must avoid situations involving actual or potential conflict of interest. Personal or romantic involvement with a competitor, supplier, or subordinate employee of
Coldwell Banker Commercial, Bosanek and Flores, which impairs an employee's or independent contractor's ability to exercise good judgment on behalf of the Company, creates an actual or potential conflict of interest. Supervisor-subordinate romantic or personal relationships also can lead to supervisory problems, possible claims of sexual harassment, and morale problems.
An employee or independent contractor involved in any of the types of relationships or situations described in this policy should immediately and fully disclose the relevant circumstances to his or her immediate supervisor, or any other appropriate supervisor, for a determination about whether a potential or actual conflict exists. If an actual or potential conflict is determined, Coldwell Banker Commercial,
Bosanek and Flores may take whatever corrective action appears appropriate according to the circumstances. Failure to disclose facts shall constitute grounds for disciplinary action.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 8

CONDUCTING PERSONAL BUSINESS
Employees and independent contractors are to conduct only Coldwell Banker Commercial, Bosanek and Flores business while at work. Employees and independent contractors may not conduct personal business or business for another employer during their scheduled working hours or while working in the facility.
OFF-DUTY CONDUCT
While Coldwell Banker Commercial, Bosanek and Flores does not seek to interfere with the off-duty and personal conduct of its employees or independent contractors, certain types of off-duty conduct may interfere with the Company’s legitimate business interests. For this reason, employees and independent contractors are expected to conduct their personal affairs in a manner that does not adversely affect the
Company’s or their own integrity, reputation or credibility. Illegal or immoral off-duty conduct by an employee that adversely affects the Company’s legitimate business interests or the employee's or independent contractor's ability to perform his or her job will not be tolerated.
While employed by or having an independent contractual agreement with Coldwell Banker Commercial,
Bosanek and Flores, employees and independent contractors are expected to devote their energies to their jobs with the Company. The following types of employment or contractual agreement elsewhere are strictly prohibited:
 Additional employment that conflicts with an employee’s work schedule, duties, and responsibilities at the Company;

Additional employment or contract that creates a conflict of interest or is incompatible with the employee's or independent contractor's position with the Company;

Additional employment or contract agreement that impairs or has a detrimental effect on the employee’s or independent contractor's work performance with the Company;

Additional employment or contract that requires the employee or independent contractor to conduct work or related activities on Company property during the employer's working hours or using Company facilities and/or equipment; and

Additional employment or contract that directly or indirectly competes with the business or the interests of the Company.
Employees or independent contractors who wish to engage in additional employment or contractual agreement that may create a real or apparent conflict of interest must submit a written request to
Coldwell Banker Commercial, Bosanek and Flores, in care of Brent Bosanek or Daniel Flores explaining the details of the additional employment or contract. If the additional employment or contract is authorized, Coldwell Banker Commercial, Bosanek and Flores assumes no responsibility for it. Coldwell
Banker Commercial, Bosanek and Flores shall not provide workers’ compensation coverage or any other benefit for injuries occurring from or arising out of additional employment or contract. Authorization to engage in additional employment or contract can be revoked at any time.
PERSONAL APPEARANCE
Independent contractors and employees with a neat, clean appearance are important to our business, especially when those Independent Contractors or employees are greeting the public. How they look is the image the public has of our Company. All are expected to wear clothing appropriate to their job.
DRESS CODE
Employees and independent contractors are expected to wear clothing appropriate for the nature of our business and the type of work performed. Clothing should be neat, clean and tasteful. Avoid clothing
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 9

that can create a safety hazard. Department managers may issue more specific guidelines. Because each employee and independent contractor is a representative of Coldwell Banker Commercial,
Bosanek and Flores in the eyes of the public, each employee and independent contractor must report to work or meetings with clients properly groomed and wearing appropriate clothing. Employees and independent contractors are expected to dress neatly and in a manner consistent with the nature of the work performed. For instance, revealing clothing is unacceptable for men or women. Employees who report to work inappropriately dressed may be asked to clock out and return in acceptable attire.
Acceptable clothing for management, sales, or office employees is business casual. Management understands that viewing certain properties requires safety attire and wants all employees and independent contractors to think in terms of safety first when visiting construction sites or ag properties.
Any clothing with inappropriate writing or images are never permitted during working hours. All clothing should be clean and without rips or holes.
CONFIDENTIALITY
Each employee or independent contractor is responsible for safeguarding the confidential information obtained during employment. All records, files, documents and correspondence of the
Company and Independent Contractors, as well as all conversations between any persons and
Independent Contractors with the Company are considered to be confidential. No person or
Independent Contractor with the Company shall use records, files, documents or correspondence to the advantage of themselves or any other person, firm, partnership or corporation to the detriment of the
Company, either during their association with the Company or at any time afterward. All Independent
Contractor and employee work areas are private and are to be respected by all other Independent
Contractors and employees.
In the course of your work, you may have access to confidential information regarding Coldwell Banker
Commercial, Bosanek and Flores, its suppliers, its customers, or perhaps even fellow employees or independent contractors. You have a responsibility to prevent revealing or divulging any such information unless it is necessary for you to do so in the performance of your duties. Access to confidential information should be on a “need-to-know” basis and must be authorized by your supervisor. Any breach of this policy will not be tolerated and legal action may be taken by the
Company.
STANDARDS OF CONDUCT AND DISCIPLINE
Our Company is involved in a highly competitive business in which many individuals rely on the quality and reliability of our service, thus all employees and independent contractors are expected to provide excellent and reliable performance. Any failure to meet the high standard is a ground for concern, discipline, or possible termination. When an unsatisfactory employee or independent contractor performance or conduct problem emerges, corrective action should be initiated as promptly as possible to give the employee or independent contractor an opportunity to address the problem. Application of the following steps may be applied progressively by the employee’s or independent contractor’s supervisor:

Oral Warning – Identify the problem to the employee or independent contractor and counsel the employee or independent contractor (and note, in writing, for future reference).

Written Warning – Present a written warning to the employee or independent contractor and copy to their personnel file.

Termination – Recommend the employee’s or independent contractor’s termination after obtaining approval from the Company Owner/Broker.
Employee performance and conduct issues should be addressed according to the nature and severity of the problem. There are certain kinds of actions that cannot be permitted to occur because of their unfair impact on clients, guests or co-workers. Such offenses may result in discharge on the first occurrence.
They include, but are not limited to:

Failure or refusals to carry out job assignments and management requests.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 10


Unauthorized release of confidential Company information.

Falsification of any work, personnel, or other company records.

Removal of Company property without permission.

Unauthorized taking of Company funds or property, or unauthorized charges against a Company account.

Dishonesty

Insubordination

Discrimination against or harassment of co-workers or guests.

Possession, consumption, or being under the influence of alcohol or drugs at work or on Company premises.

Deliberate damage to Company property.

Fighting or threatening to fight with another employee.

Participation in a business directly competing with the Company.

Serious misconduct of any kind

Failure to comply with safety or security rules and procedures as defined in this Policy Manual.
UNAUTHORIZED GIVING OF PROPERTY INFORMATION
No employee of the Company who does not hold a license to sell real estate in the State of
California shall give any information to the public about the sale, leasing or exchanging of properties listed with the Company, or the listing of the property. However, the employee may submit information for databases and marketing materials as requested by the Independent
Contractor holding the listing.
OPEN DOOR
Suggestions for improving Coldwell Banker Commercial, Bosanek and Flores are always welcome. At some time, you may have a complaint, suggestion, or question about your job, your working conditions, or the treatment you are receiving. Your good-faith complaints, questions, and suggestions also are of concern to the Company. We ask you to first discuss your concerns with your supervisor, following these steps:

Within a week of the occurrence, bring the situation to the attention of your immediate supervisor, who will then investigate and provide a solution or explanation.

If the problem persists, you may describe it in writing and present it to the owners, who will investigate and provide a solution or explanation. If you need assistance with your complaint, or you prefer to make a complaint in person, contact Brent Bosanek or Daniel Flores. We encourage you to bring the matter to the owners as soon as possible after you believe that your immediate supervisor has failed to resolve it.
This procedure, which we believe is important for both you and the Company, cannot guarantee that every problem will be resolved to your satisfaction. However, Coldwell Banker Commercial, Bosanek and Flores values your observations and you should feel free to raise issues of concern, in good faith, without the fear of retaliation.
EQUAL EMPLOYMENT OPPORTUNITY POLICY
Coldwell Banker Commercial, Bosanek and Flores is an equal opportunity employer and makes employment decisions on the basis of merit. We want to have the best available persons in every job.
Company policy prohibits unlawful discrimination based on race, color, creed, gender, religion, marital status, registered domestic partner status, age, national origin or ancestry, physical or mental disability, medical condition including genetic characteristics, sexual orientation, or any other consideration made unlawful by federal, state, or local laws. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics, or is Independent Contractor with a person who has or is perceived as having any of those characteristics. All such discrimination is unlawful .
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 11

The Company is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in Company operations and prohibits unlawful discrimination by any employee of the Company, including supervisors, independent contractors and coworkers.
To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, the Company will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee unless undue hardship would result.
Any applicant or employee who requires an accommodation in order to perform the essential functions of the job should contact a Company representative with day-to-day personnel responsibilities and request such an accommodation. The individual with the disability should specify what accommodation he or she needs to perform the job. The Company then will conduct an investigation to identify the barriers that interfere with the equal opportunity of the applicant or employee to perform his or her job.
The Company will identify possible accommodations, if any that will help eliminate the limitation. If the accommodation is reasonable and will not impose an undue hardship, the Company will make the accommodation.
If you believe you have been subjected to any form of unlawful discrimination, submit a written complaint to your supervisor or the individual with day-to-day personnel responsibilities. Your complaint should be specific and should include the names of the individuals involved and the names of any witnesses. If you need assistance with your complaint, or if you prefer to make a complaint in person, contact Brent Bosanek or Daniel Flores. The Company will immediately undertake an effective, thorough, and objective investigation and attempt to resolve the situation.
If the Company determines that unlawful discrimination has occurred, effective remedial action will be taken commensurate with the severity of the offense. Appropriate action also will be taken to deter any future discrimination. The Company will not retaliate against you for filing a complaint and will not knowingly permit retaliation by management employees or your coworkers.
HARASSMENT POLICY
Coldwell Banker Commercial, Bosanek and Flores is committed to providing a work environment free of unlawful harassment. Company policy prohibits sexual harassment and harassment based on pregnancy, childbirth or related medical conditions, race, religious creed, color, gender, national origin or ancestry, physical or mental disability, medical condition, marital status, registered domestic partner status, age, sexual orientation, sexual identity or any other basis protected by federal, state or local law or ordinance or regulation. All such harassment is unlawful.
The Company’s anti-harassment policy applies to all persons involved in the operation of the Company and prohibits unlawful harassment by any employee or independent contractor of the Company, including supervisors and managers, as well as vendors, customers, and any other persons. It also prohibits unlawful harassment based on the perception that anyone has any of those characteristics, or is Independent Contractor with a person who has or is perceived as having any of those characteristics.
Prohibited unlawful harassment includes, but is not limited to, the following behavior:
Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations or comments;
Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures;
Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race or any other protected basis;
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 12

Threats and demands to submit to sexual requests as a condition of continued employmen t, or to avoid some other loss and offers of employment benefits in return for sexual favors; and
Retaliation for reporting or threatening to report harassment.
If you believe that you have been unlawfully harassed, submit a written complaint to your own or any other Company supervisor, or the owners of the Company as soon as possible after the incident. You will be asked to provide details of the incident or incidents, names of individuals involved and names of any witnesses. Supervisors will refer all harassment complaints to the owners of the Company. The
Company will immediately undertake an effective, thorough and objective investigation of the harassment allegations.
If the Company determines that unlawful harassment has occurred, effective remedial action will be taken in accordance with the circumstances involved. Any employee determined by the Company to be responsible for unlawful harassment will be subject to appropriate disciplinary action, up to, and including termination. A Company representative will advise all parties concerned of the results of the investigation. The Company will not retaliate against you for filing a complaint and will not tolerate or permit retaliation by management, employees or co-workers.
The Company encourages all employees to report any incidents of harassment forbidden by this policy immediately so that complaints can be quickly and fairly resolved. You also should be aware that the
Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing investigate and prosecute complaints of prohibited harassment in employment. If you think you have been harassed or that you have been retaliated against for resisting or complaining, you may file a complaint with the appropriate
agency.
The nearest office is listed in the telephone book.
SECURITY/WORKPLACE VIOLENCE
Coldwell Banker Commercial, Bosanek and Flores has developed guidelines to help maintain a secure workplace. Be aware of persons loitering for no apparent reason in parking areas, walkways, entrances and exits, and service areas. Report any suspicious persons or activities to security personnel. Secure your desk or office at the end of the day. When called away from your work area for an extended length of time, do not leave valuable and/or personal articles in or around your workstation that may be accessible. The security of facilities as well as the welfare of our employees and independent contractors depends upon the alertness and sensitivity of every individual to potential security risks. You should immediately notify your supervisor when unknown persons are acting in a suspicious manner in or around the facilities, or when keys, or identification badges are missing.
Keys to the front door of the building are issued to all Independent Contractors and employees.
Each person is responsible for ensuring that the front door is locked, all lights are turned off, coffee pot is turned off and the building is secure when they are the last to leave.
INSURANCE ON PERSONAL EFFECTS
The Company recommends you carry your own property insurance policy.
NEWS MEDIA CONTACTS
Employees or independent contractors may be approached for interviews or comments by the news media. Only the owners or contact people designated by the owners i.e. the Marketing Director, may comment to news reporters on Coldwell Banker Commercial, Bosanek and Flores policy or events relevant to Coldwell Banker Commercial, Bosanek and Flores.
INTERNET / EMAIL SERVICES
Internet access and email addresses are provided for all Independent Contractors and employees
(Users) of the Company to assist in the performance of their work. Users must respect the legal protection provided by copyright and licenses with respect to both programs and data. Users must understand that they do not have a personal privacy right in any matter created, received, or sent from
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 13

the email system. Email can be read or intercepted by others, including inadvertent disclosure, accidental transmission to third parties, or purposeful retransmission to another users internet mailing list. The internet and email service may be used for personal usage as long as it is not abused, keeps the users from completing their job, or brings unwanted harassment to another user in the Company
(See Harassment Policy). Alleged inappropriate use of the Internet will be reviewed by the
Management on a case-by-case basis and may lead to disciplinary action up to and including dismissal.
Management has the right to enter a users email mailbox and computer files maintained on the
Company server for business purposes, and for this reason they must disclose their personal passwords to the management.
SUPPLIES; EXPENDITURES; OBLIGATING THE COMPANY
Only authorized persons may purchase supplies in the name of the Company and no employee or
Independent Contractor shall incur any expense on behalf of the Company or bind the Company by any promise or representation without Company approval. Employees and Independent Contractors shall not use Company charge accounts unless approved by the Owners. Office supplies are stored for the comp any’s administrative employee’s use and are not to be used by Sales Independent
Contractors or their assistants unless otherwise arranged with the company.
EMPLOYER PROPERTY
Employer property including; but not limited to desks, computers, fax machines, copiers, vehicles, and telephones that are Coldwell Banker Commercial, Bosanek and Flores property, must be maintained according to Company rules and regulations. They must be kept clean and are to be used only for workrelated purposes. Coldwell Banker Commercial, Bosanek and Flores reserves the right to inspect all
Company property to ensure compliance with its rules and regulations, without notice to the employee and at any time, not necessarily in the employee’s presence. Company voice mail and/or electronic mail
(e-mail) are to be used for business purposes only. Coldwell Banker Commercial, Bosanek and Flores reserves the right to monitor voice mail messages and e-mail messages to ensure compliance with this rule, without notice to the employee or independent contractor and at any time, not necessarily in the employee’s or independent contractor's presence.
Coldwell Banker Commercial, Bosanek and Flores may periodically need to assign and/or change
“passwords” and personal codes for voice mail, e-mail or computers. These communication technologies and related storage media and databases are to be used only for Company business and they remain the property of Coldwell Banker Commercial, Bosanek and Flores. The Company reserves the right to keep a record of all passwords and codes used and/or may be able to override any such password system.
Prior authorization must be obtained before any Company property may be removed from the premises.
For security reasons, employees and independent contractors should not leave personal belongings of value in the workplace. Personal items are subject to inspection and search, with or without notice, with or without the employee’s or independent contractor's prior consent.
Terminated employees and independent contractors should remove any personal items at the time they leave the Company. Personal items left in the workplace are subject to disposal if not claimed at the time of an employee’s or independent contractor's termination.
USE OF ELECTRONIC MEDIA
Coldwell Banker Commercial, Bosanek and Flores uses various forms of electronic communication including, but not limited to, computers, e-mail, telephones, cell phones, Internet and PDAs. All electronic communications, including all software, databases, hardware, and digital files, remain the sole property of Coldwell Banker Commercial, Bosanek and Flores and are to be used only for Company business and not for any personal use.
Electronic communication and media may not be used in any manner that would be discriminatory, harassing, or obscene, or for any other purpose that is illegal, against Company policy, or not in the best interest of the Company.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 14

Employees or independent contractors who misuse electronic communications and engage in defamation, copyright or trademark infringement, misappropriation of trade secrets, discrimination, harassment, or related actions will be subject to discipline and/or immediate termination.
Employees or independent contractors may not install personal software on Company computer systems.
All electronic information created by any employee or independent contractor using any means of electronic communication is the property of Coldwell Banker Commercial, Bosanek and Flores and remains the property of Coldwell Banker Commercial, Bosanek and Flores. Personal passwords may be used for purposes of security, but the use of a personal password does not affect the Company’s ownership of the electronic information.
Coldwell Banker Commercial, Bosanek and Flores will override all personal passwords if necessary for any reason.
Coldwell Banker Commercial, Bosanek and Flores reserves the right to access and review electronic files, messages, mail, and other digital archives, and to monitor the use of electronic communications as necessary to ensure that no misuse or violation of Company policy or any law occurs.
Employees or independent contractors are not permitted to access the electronic communications of other employees or third parties unless directed to do so by Company management.
No employee or independent contractor may install or use anonymous e-mail transmission programs or encryption of e-mail communications, except as specifically authorized by Brent Bosanek or Daniel
Flores.
Employees and independent contractors who use devices on which information may be received and/or stored, including but not limited to cell phones, cordless phones, portable computers, fax machines, and voice mail communications are required to use these methods in strict compliance with the trade secrets and confidential communication policy established by the Company. These communications tools should not be used for communicating confidential or sensitive information or any trade secrets.
Access to the Internet, websites, and other types of Company-paid computer access are to be used for
Company-related business only. Any information about Coldwell Banker Commercial, Bosanek and
Flores, its products or services, or other types of information that will appear in the electronic media about the Company must be approved by the Owners and/or the Marketing Director before the information is placed on an electronic information resource that is accessible to others.
Questions about access to electronic communications or issues relating to security should be addressed to Brent Bosanek or Daniel Flores.
BULLETIN BOARDS
Coldwell Banker Commercial, Bosanek and Flores, Inc. maintains bulletin boards located in the common office area.
Bulletin boards are used to provide information to employees and independent contractors concerning state and federal employment laws.
Employees or independent contractors may not post items on Company bulletin boards unless the following conditions are met:

Postings may be made by Company employees and independent contractors only;

The information to be posted must first be approved by the owner;
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 15


Postings are limited to 8.5 x 11 " in size;

Bulletin boards will be updated when new laws are in effect; and

Posted items will be dated and will be removed after events occur.
EMPLOYEE PROPERTY
An employee’s personal property, including but not limited to laptops, briefcases, packages, purses, and backpacks, may be inspected upon reasonable suspicion of unauthorized possession of Coldwell
Banker Commercial, Bosanek and Flores property.
SMOKING
Our office interior is non-smoking for employees, agents and clients. Smoking by employees is permitted only during rest or meal period and only outside the building. Make sure tobacco is disposed of properly and safely. In the interest of safety, this policy is strictly enforced and violations may result in discipline up to and including termination. Smoking is not allowed within 100 feet of any office entrance or exit.
ALCOHOL AND DRUG ABUSE
Coldwell Banker Commercial, Bosanek and Flores is concerned about the use of alcohol, illegal drugs, or controlled substances as it affects the workplace. Use of these substances, whether on or off the job can detract from an employee’s or independent contractor's work performance, efficiency, safety, and health, a nd therefore seriously impair the employee’s or independent contractor's value to the
Company. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees or independent contractors and exposes the
Company to the risks of property loss, damage, or injury to other persons.
Furthermore, the use of prescription drugs and/or over-thecounter drugs also may affect an employee’s or independent contractor's job performance and may s eriously impair the employee’s or independent contractor's value to the Company.
The following rules and standards of conduct apply to all employees and independent contractors either on Company property or during the workday (including meals and rest periods). Behavior that violates
Company policy includes:

Possession or use of an illegal or controlled substance, or being under the influence of an illegal or controlled substance while on the job;

Driving a Company vehicle while under the influence of alcohol or drugs; and

Distribution, sale, or purchase of an illegal or controlled substance while on the job.
Violation of these rules and standards of conduct will not be tolerated. Also, Coldwell Banker
Commercial, Bosanek and Flores may bring the matter to the attention of appropriate law enforcement authorities.
In order to enforce this policy, Coldwell Banker Commercial, The Bosanek and Flores reserves the right to conduct searches of Company property or employees, independent contractors and/or their personal property, and to implement other measures necessary to deter and detect abuse of this policy.
An employee’s or independent contractor’s conviction on a charge of illegal sale or possession of any controlled substance while off Company property will not be tolerated because such conduct, even though off duty, reflects adversely on Coldwell Banker Commercial, Bosanek and Flores. In addition, the
Company must keep people who sell or possess controlled substances off Company premises in order to keep the controlled substances themselves off the premises.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 16

Any employee or independent contractor who is using prescription or over-the-counter drugs that may impair the employee’s or independent contractor's ability to safely perform the job, or affect the safety or well-being of others, must notify a supervisor of such use immediately before starting or resuming work.
Coldwell Banker Commercial, Bosanek and Flores will encourage and reasonably accommodate employees or independent contractors with alcohol or drug dependencies to seek treatment and/or rehabilitation. Employees or independent contractors desiring such assistance should request a treatment or rehabilitation leave. The Company is not obligated, however, to continue to employ or remain in contract with any person whose performance of essential job duties is impaired because of drug or alcohol use, nor is the Company obligated to re-employ or renegotiate a contract with any person who has participated in treatment and/or rehabilitation if that person’s job performance remains impaired as a result of dependency. Additionally, employees or independent contractors who are given the opportunity to seek treatment and/or rehabilitation, but fail to successfully overcome their dependency or problem, will not automatically be given a second opportunity to seek treatment and/or rehabilitation. This policy on treatment and rehabilitation is not intended to affect the Company’s treatment of employees or independent contractors who violate the regulations described previously.
Rather, rehabilitation is an option for an employee or independent contractor who acknowledges a chemical dependency and voluntarily seeks treatment to end that dependency.
PROHIBITED CONDUCT
The following conduct is prohibited and will not be tolerated by Coldwell Banker Commercial, Bosanek and Flores. This list of prohibited conduct is illustrative only; other types of conduct that threaten security, personal safety, employee/independent contractor welfare and Company operations also may be prohibited.

Falsifying employment records, employment information, or other Company records;

Recording the work time of another employee or allowing any other employee to record your work time, or falsifying any time card, either your own or anot her employee’s (Employee’s Only);

Theft and deliberate or careless damage or destruction of any Company property, or the property of any employee, independent contractor or customer;

Removing or borrowing Company property without prior authorization;

Unauthorized use of Company equipment, time, materials, or facilities;

Provoking a fight or fighting during working hours or on Company property;

Participating in horseplay or practical jokes on Company time or on Company premises;

Carrying firearms or any other dangerous weapons on Company premises at any time;

Engaging in criminal conduct whether or not related to job performance;

Causing, creating, or participating in a disruption of any kind during working hours on Company property;

Insubordination, including but not limited to failure or refusal to obey the orders or instructions of a supervisor or member of management, or the use of abusive or threatening language toward a supervisor or member of management;

Using abusive language at any time on Company premises;

Failing to notify a supervisor when unable to report to work (Employees only);
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 17


Unreported absence of three consecutive scheduled work days (Employees only).

Failing to obtain permission to leave work for any reason during normal working hours
(Employees only);

Failing to observe working schedules, including rest and lunch periods (Employees only);
 Failing to provide a physician’s certificate when requested or required to do so (Employees only);

Working overtime without authorization or refusing to work assigned overtime (Employees only);

Wearing disturbing, unprofessional or inappropriate styles of dress or hair while working;

Violating any safety, health, security or Company policy, rule, or procedure;

Committing a fraudulent act or a breach of trust under any circumstances; and

Committing of, or involvement in any act of unlawful harassment of another individual.
This statement of prohibited conduct does not alter the Company’s policy of at-will employment. Either you or Coldwell Banker Commercial, Bosanek and Flores remain free to terminate the employment relationship at any time, with or without reason or advance notice.
TELECOMMUTING
Coldwell Banker Commercial, Bosanek and Flores permits all independent contractors to telecommute.
All costs for equipment used for telecommuting are the responsibility of the independent contractor.
Costs include purchase price, maintenance, and insurance coverage for all necessary equipment.
Independent Contractors are responsible for contacting local governmental agencies for required licenses (if any) needed to maintain a home office.
Independent Contractors are responsible for any costs of obtaining tax advice about a tax deduction for a home office. Independent Contractors are responsible for any tax liability should they claim such an expense and it is later disallowed by the Internal Revenue Service.
Independent Contractors who telecommute must maintain the security of all confidential and/or sensitive information and other proprietary information, as if they were working in the office. All security procedures apply, regardless of whether the independent contractor is in the workplace or telecommuting.
Independent Contractors who telecommute are responsible for following all safety rules. Coldwell
Banker Commercial, Bosanek and Flores may conduct unannounced visits to telecommuting worksites, to ensure that all safety and security procedures are being followed.
The ability to telecommute does not change the performance level expected from an independent contractor.
HEALTH & SAFETY
All employees and independent contractors are responsible for their own safety, as well as that of others in the workplace. To help us maintain a safe workplace, everyone must be safety-conscious at all times. Report all work-related injuries or illnesses immediately to your supervisor. In compliance with
Proposition 65, Coldwell Banker Commercial, Bosanek and Flores will inform employees of any known exposure to a chemical known to cause cancer or reproductive toxicity.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 18

DRIVING
Employees and all independent contractors who are required to drive a Company vehicle or their own vehicles on Company business will be required to show proof of current valid driving licenses and current effective insurance coverage before the first day of employment.
Employees and Independent contractors are required to add Bosanek and Flores to their insurance as an “additional insured” on vehicles used for business purposes.
Coldwell Banker Commercial, Bosanek and Flores participates in a system that regularly checks state
Department of Motor Vehicles (DMV) records of all employees and independent contractors who drive as part of their job.
Coldwell Banker Commercial, Bosanek and Flores retains the right to transfer to an alternative position, suspend, or terminate an employee or independent contractor whose license is revoked, or who fails to maintain personal automobile insurance coverage or who is uninsurable under the Company’s policy.
Employees who drive their own vehicles on Company business will be reimbursed at the rate of 36.5 cents per mile.
RECREATIONAL ACTIVITIES AND PROGAMS
Coldwell Banker Commercial, Bosanek and Flores or its insurer will not be liable for payment of workers’ compensation benefits for any injury that arises out of an employee’s or independent contractor's voluntary participation in any off-duty recreational, social, or athletic activity that is not part of the employee’s or independent contractor's work-related duties.
VOLUNTARY TERMINATION
Voluntary termination results when an employee or independent contractor voluntarily resigns his or her employment, or terminates his or her contract with Coldwell Banker Commercial, Bosanek and Flores, or if an employee fails to report to work for three consecutively scheduled workdays without notice to, or approval by, his or her supervisor. All Company-owned property, including vehicles, phones, headsets, computers and/or computer equipment, keys, name tags, identification badges, and credit cards, must be returned immediately upon termination of employment.
INVOLUNTARY TERMINATION AND PROGRESSIVE DISCIPLINE
Violation of Coldwell Banker Commercial, Bosanek and Flores policies and rules may warrant disciplinary action. The Company has established a system of progressive discipline that includes verbal warnings, written warnings, and suspension. The system is not formal and Coldwell Banker
Commercial, Bosanek and Flores may, in its sole discretion, utilize whatever form of discipline is deemed appropriate under the circumstances, up to, and including, termination of employment. The
Company’s policy of progressive discipline in no way limits or alters the at-will employment relationship.
EMPLOYEE/INDEPENDENT CONTRACTOR REFERENCES
All requests for references must be directed to Brent Bosanek or Daniel Flores. No other manager, supervisor, independent contractor or employee is authorized to release references for current or former employees and independent contractors.
By policy, Coldwell Banker Commercial, Bosanek and Flores discloses only the dates of employment and/or contract duration and the title of the last position held of former employees and independent contractors. If you authorize the disclosure in writing, Coldwell Banker Commercial, Bosanek and Flores also will inform prospective employers of the amount of salary or wage you last earned.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 19

WORKDAY
Regular office hours are 10:00am to 5:00pm, Monday through Friday. The normal workday for a fulltime employee is 6.5 hours including two (2) paid break periods of fifteen (15) minutes plus an unpaid meal period of thirty (30) minutes. The company recognizes some overtime is unavoidable. Employees can arrange comp-time to compensate any overtime worked. Part-time employees may work up to 30 hours per week on a flexible schedule agreed upon between the Office Manager and the employee.
EMPLOYMENT
The first 90 days of continuous employment at Coldwell Banker Commercial, Bosanek and Flores is considered an introductory period. During this time you will learn your responsibilities, get acquainted with fellow employees, and determine whether or not you are happy with your job. Your supervisor will closely monitor your performance.
During the introductory period, your supervisor will explain your job responsibilities and the performance standards expected of you. Be aware that your job responsibilities may change at any time during your employment. From time to time, you may be asked to work on special projects, or to assist with other work necessary or important to the operation of your department or Coldwell Banker Commercial,
Bosanek and Flores. Your cooperation and assistance in performing such additional work is expected.
Coldwell Banker Commercial, Bosanek and Flores reserves the right, at any time, with or without notice, to alter or change job responsibilities, reassign or transfer job positions, or assign additional job responsibilities.
Upon completion of the introductory period, Coldwell Banker Commercial, Bosanek and Flores will review your performance. If the Company finds your performance satisfactory and decides to continue your employment, it will advise you of any improvements expected from you. At that time, you may express suggestions to improve the Company’s efficiency and operations. Completion of the introductory period does not entitle you to remain employed by Coldwell Banker Commercial, Bosanek and Flores for any definite period of time, but rather allows both you and the Company to evaluate whether or not you are right for the position. After completion
of the trial period, eligible employees will receive the benefits described in this manual.
FULL-TIME EMPLOYEES
Regular full-time employees are those who are scheduled for and work 40 hours per week. Following the completion of the introductory period, regular full-time employees are eligible for most employee benefits described in this handbook.
PART-TIME EMPLOYEES
Part-time employees are those who are scheduled for and do work fewer than 40 hours per week. Parttime employees are not eligible for employee benefits except those mandated by applicable law.
TEMPORARY EMPLOYEES
Temporary employees are those employed for short-term assignments. Short-term assignments generally are periods of three months or fewer; however, such assignments may be extended.
Temporary employees are not eligible for employee benefits except those mandated by applicable law.
MEAL AND REST PERIODS
Full-time employees are provided with a 30-minute meal period, to be taken approximately in the middle of the workday. Part-time employees working five hours or less than but not more than six hours are provided with a 30-minute meal period. Employees are allowed a 10-minute rest period for every four hours of work or major portion thereof. Your supervisor will schedule your meal and rest periods.
You are expected to observe your assigned working hours and the time allowed for meal and rest periods. Do not leave the premises during your rest period and do not take more than 10 minutes for each rest period. You may leave the premises during your meal period.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 20

PAYMENT OF WAGES
All employees of Coldwell Banker Commercial, Bosanek and Flores are paid on the 5th and 20th of the month for work performed during the previous two-week pay period. If a regular payday falls on a holiday, employees will be paid on the previous Friday.
OVERTIME FOR NON-EXEMPT EMPLOYEES
Employees may be required to work overtime as necessary. Only actual hours worked in a given workday or workweek can apply in calculating overtime. If a regular payday falls on a holiday, Coldwell
Banker Commercial, Bosanek and Flores will attempt to distribute overtime evenly and accommodate individual schedules. All overtime work must be previously authorized by a supervisor. Coldwell Banker
Commercial, Bosanek and Flores provides compensation for all overtime hours worked by non-exempt employees in accordance with state and federal law as follows:

All hours worked in excess of eight hours in one workday or 40 hours in one workweek will be treated as overtime. A workday begins at 12:01 a.m. and ends at midnight 24 hours later.
Workweeks begin each Sunday at 12:01 a.m.

Compensation for hours in excess of 40 for the workweek, or in excess of eight and not more than 12 for the workday, and for the first eight hours on the seventh consecutive day of work in one workweek, shall be paid at a rate one and one-half times the employee's regular rate of pay;

Compensation for hours in excess of 12 in one workday and in excess of eight on the seventh consecutive workday in a workweek shall be paid at double the regular rate of pay; and

Exempt employees may have to work hours beyond their normal schedules, as work demands require. No overtime compensation will be paid to exempt employees.
PUNCTUALITY AND ATTENDANCE
As an employee of Coldwell Banker Commercial, Bosanek and Flores, you are expected to be punctual and regular in attendance. Any tardiness or absence causes problems for your fellow employees and your supervisor. When you are absent, your assigned work must be performed by others.
Employees are expected to report to work as scheduled, on time, and prepared to start work.
Employees also are expected to remain at work for their entire work schedule, except for meal periods or when required to leave on authorized Company business. Late arrival, early departure, or other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided.
If you are unable to report for work on any particular day, you must under all but the most extenuating circumstances call your supervisor at least one hour before the time you are scheduled to begin working for that day. If you call less than one hour before your scheduled time to begin work and do not arrive in time for your assigned shift, you will be considered tardy for that day. In all cases of absence or tardiness, employees must provide their supervisor with an honest reason or explanation. Employees also must inform their supervisor of the expected duration of any absence. Excessive absenteeism or tardiness, whether excused or not, will not be tolerated. Coldwell Banker Commercial, Bosanek and
Flores defines excessive absenteeism as more than two days absence in a one-month period.
If you fail to report for work without any notification to your supervisor and your absence continues for a period of three days, Coldwell Banker Commercial, Bosanek and Flores will consider that you have abandoned your employment.
EXPENSE ACCOUNTS
Coldwell Banker Commercial, Bosanek and Flores reimburses employees for business expenses on the
1st of each month. Employees who have expense accounts or who have incurred business expenses must submit required receipts and the required form to Brent Bosanek or Daniel Flores no later than the
25th of each month. If you have any questions about the Company’s expense reimbursement policy, contact Brent Bosanek or Daniel Flores.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 21

ERGONOMICS
Coldwell Banker Commercial, Bosanek and Flores is subject to Cal/OSHA ergonomics standards for minimizing workplace repetitive motion injuries. The Company will make necessary adjustments to reduce exposure to ergonomic hazards through modifications to equipment and processes and employee training. The Company encourages safe and proper work procedures and requires all employees to follow safety instructions and guidelines.
Coldwell Banker Commercial, Bosanek and Flores believes that reduction of ergonomic risk is instrumental in maintaining an environment of personal safety and well-being, and is essential to our business. We intend to provide appropriate resources to create a risk-free environment.
If you have any questions about ergonomics, please contact Brent Bosanek or Daniel Flores.
REDUCTIONS IN FORCE
Under some circumstances, Coldwell Banker Commercial, Bosanek and Flores may need to restructure or reduce its workforce. If restructuring our operations or reducing the number of employees becomes necessary, the Company will attempt to provide advance notice, if possible, to help prepare affected individuals. If possible, employees subject to layoff will be informed of the nature of the layoff and the foreseeable duration of the layoff, whether short-term or indefinite.
In determining which employees will be subject to layoff, Coldwell Banker Commercial, Bosanek and
Flores will take into account, among other things, operation and requirements, the skill, productivity, ability, and past performance of those involved, and also, when feasible, the employee’s length of service.
UNAUTHORIZED GIVING OF PROPERTY INFORMATION
No employee of the Company who does not hold a license to sell real estate in the State of
California shall give any information to the public about the sale, leasing or exchanging of properties listed with the Company, or the listing of the property. However, the employee may submit information for databases and marketing materials as requested by the Independent
Contractor holding the listing.
MEDICAL INSURANCE
Coldwell Banker Commercial, Bosanek and Flores provides a comprehensive medical insurance plan for eligible employees. Eligible employees are those who work a scheduled 40-hour work week.
Temporary employees, part time employees and independent contractors are not eligible for medical insurance. Coldwell Banker Commercial, Bosanek and Flores will pay the premiums for medical insurance. However, the Company reserves the right to make changes to this policy at any time. In the event of an increase in medical insurance premium rates, all employees may be required to contribute to the cost of increased premiums to retain coverage.
Employees may enroll for medical benefits on the 1 st day of the month following 90 days of employment.
The company will pay the premium for the employee. The employee will pay the premium for a spouse or dependent as needed or desired. Rates are applicable to change on a yearly basis as instructed by the insurance carrier.
DISABILITY INSURANCE
Each employee contributes through payroll tax to California’s state disability insurance programs.
Disability insurance is mandated by the California Unemployment Insurance Code and administered by the Employment Development Department. Disability insurance is payable when you cannot work because of illness or injury not caused by employment at the Company. An additional tax funds the state’s Paid Family Leave program, and provides partial wage replacement for absences related to care of a family member, or bonding with a new child.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 22

UNEMPLOYMENT COMPENSATION
Coldwell Banker Commercial, Bosanek and Flores contributes each year to the California
Unemployment Insurance Fund on behalf of its employees.
SOCIAL SECURITY
Social Security is an important part of every employee’s retirement benefit. Coldwell Banker
Commercial, Bosanek and Flores pays a matching contribution to each employee’s Social Security taxes.
PAID SICK LEAVE AND WORKER’S COMPENSATION
Paid sick leave is a benefit that also covers absences for work-related illness or injury. Employees who have a work-related illness or injury are covered by workers' compensation insurance. However, workers' compensation benefits usually do not cover absences for medical treatment. When you report a work-related illness or injury, you will be sent for medical treatment, if treatment is necessary. You will be paid your regular wages for the time you spend seeking initial medical treatment.
Any further medical treatment will be under the direction of the health care provider. Any absences from work for follow-up treatment, physical therapy or other prescribed appointments will not be paid as time worked. If you have accrued unused sick leave, the additional absences from work will be paid with the use of sick leave.
If you do not have accrued, paid sick leave, or if you have used all of your sick leave, you may choose to substitute vacation/paid time off for further absences from worked, related to your illness or injury. If you have no accrued sick leave or vacation time, your paycheck will be deducted for hours missed.
EXTERNAL EMPLOYEE EDUCATION
Some employees may need to attend training programs, seminars, conferences, lectures, meetings, or other outside activities for the benefit of Coldwell Banker Commercial, Bosanek and Flores or the individual employees. Attendance at such activities, whether required by the Company or requested by individual employees, requires the written approval of Brent Bosanek or Daniel Flores. To obtain approval, any employee wishing to attend an activity must submit a written request detailing all relevant information, including date, hours, location, cost, expenses, and the nature, purpose, and justification for attendance.
Attendance at any such event is subject to the following policies on reimbursement and compensation.
For attendance at events required or authorized by the Company, customary and reasonable expenses will be reimbursed upon submission of proper receipts. Acceptable expenses generally include registration fees, materials, meals, transportation, and parking. Reimbursement policies regarding these expenses should be discussed with the owner in advance.
Employee attendance at authorized outside activities will be considered hours worked for non-exempt employees and will be compensated in accordance with normal payroll practices.
This policy does not apply to independent contractors or an employee’s voluntary attendance, outside of normal working hours, at formal or informal educational sessions, even if such sessions generally may lead to improved job performance. While Coldwell Banker Commercial, Bosanek and Flores generally encourages all employees to improve their knowledge, job skills, and promotional qualifications, such activities do not qualify for reimbursement or compensation under this policy unless prior written approval is obtained as described previously.
PAY FOR MANDATORY MEETINGS/TRAINING
Coldwell Banker Commercial, Bosanek and Flores will pay non-exempt employees for their attendance at meetings, lectures, and training programs under the following conditions:

Attendance is mandatory;

The meeting, course, or lecture is d irectly related to the employee’s job;
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 23


The employee who is required to attend such meetings, lectures, or training programs will be notified of the necessity for such attendance by his or her supervisor;

The employee will be paid at the then applicable minimum wage for time spent at meetings, lectures, and training programs if the employee does not perform any productive work during such attendance;

Employees who do perform productive work during attendance at meetings, lectures or training programs will be compensated at their regular rate of pay; and

Any hours in excess of eight in a day or 40 in a week will be paid at the appropriate overtime rate, at the hourly rate in effect at the time the overtime work is being performed. However, overtime must be approved by an employee's supervisor in advance of the program, meeting or lecture.
PERSONAL VEHICLE MILEAGE
Salaried employees shall be reimbursed 36.5 cents per mile for use of privately owned vehicles on company business. This will be reimbursed on the first of each month.
BEREAVEMENT LEAVE
Coldwell Banker Commercial, Bosanek and Flores grants a paid leave of absence to employees up to three consecutive days in the event of the death of the employee’s immediate family. Employees are granted one paid workday for the death of a relative who is not an "immediate family member." For the purpose of this policy, "immediate family member" (including relatives by marriage, i.e., "step" family) means:

Spouse or Domestic Partner

Parent of employee or your spouse

Legal guardian or person for whom the employee is the Legal Guardian

Child or daughter-in-law/son-in-law

Grandparent of employee or your spouse

Grandchild

Mother-in-law/Father-in-law

Relative who is a member of the employee's household
For the purpose of this policy, "not an immediate family member" (whether by direct relationship or by marriage) means:

Aunt/Uncle

Niece/Nephew

First Cousin
There is no bereavement pay for the death of a more distant relative.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 24

DOMESTIC VIOLENCE LEAVE
Employees who are victims of domestic violence are eligible for unpaid leave. You may request leave if you are involved in a judicial action, such as obtaining restraining orders, or appearing in court to obtain relief to ensure your health, safety, or welfare, or that of your child.
You should provide notice and certification of your need to take leave under this policy. Certification may be sufficiently provided by any of the following:

A police report indicating that the employee was a victim of domestic violence;

A court order protecting or separating the employee from the perpetrator of an act of domestic violence, or other evidence from the court or prosecuting attorney that the employee appeared in court; or

Documentation from a medical professional, domestic violence advocate, health-care provider, or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence.
Coldwell Banker Commercial, Bosanek and Flores will, to the extent allowed by law, maintain the confidentiality of an employee requesting leave under this provision.
The length of unpaid leave an employee may take is limited to 12 weeks, as provided for in the Federal
Family and Medical Leave Act of 1993.
HOLIDAY LEAVE
Employees will be paid for the following holidays: ½ day New Year’s Eve, New Year’s Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, President’s Day, day after Thanksgiving, ½ day Christmas Eve, and Christmas Day. If any holiday falls on Saturday, it will be observed the prior
Friday or if any holiday falls on Sunday, it will be observed the following Monday. Consideration will be given those employees who desire to observe special religious services on days when the office normally is open. Hourly employees will receive pay on their average daily hours worked.
JURY DUTY AND WITNESS LEAVE
Coldwell Banker Commercial, Bosanek and Flores encourages employees to serve on jury duty when called. Non-exempt employees will not receive any pay for jury duty. Exempt employees will receive 2 days pay only. You should notify your supervisor of the need for time off for jury duty as soon as a notice or summons from the court is received. You may be requested to provide written verification from the court clerk of performance of jury service. If work time remains after any day of jury selection or jury duty, you will be expected to return to work for the remainder of your work schedule.
MILITARY LEAVE
Employees who wish to serve in the military and take military leave should contact Brent Bosanek or
Daniel Flores for information about their rights before and after such leave. You are entitled to reinstatement upon completion of military service, provided you return or apply for reinstatement within the time allowed by law.
SICK LEAVE
Sick leave is a form of insurance that employees accumulate in order to provide a cushion for incapacitation due to illness. It is intended to be used only when actually required to recover from illness or injury; sick leave is not for “personal” absences. Time off for medical and dental appointments will be treated as sick leave. Coldwell Banker Commercial, Bosanek and Flores will not tolerate abuse or misuse of your sick leave privilege.
Coldwell Banker Commercial, Bosanek and Flores offers paid sick leave to regular full-time employees who have completed their introductory period. After completion of your introductory period, you accrue paid sick leave at the rate of five (5) hours per each calendar month of continuous employment with a
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 25

maximum of eight (8) calendar days in a year. Accrued sick leave does not carry over from year to year. The Company does not pay employees in lieu of unused sick leave.
If you are absent longer than three (3) days due to illness, medical evidence of your illness and/or medical certification of your fitness to return to work satisfactory to the Company will be required before the Company honors any sick pay requests. Coldwell Banker Commercial, Bosanek and Flores may withhold sick pay if it suspects that sick leave has been misused.
KIN CARE LEAVE
Employees may use up to one-half of their yearly sick leave accrual to attend to a child, parent, spouse, domestic partner, or domestic partner’s child who is ill. Leave for this purpose may not be taken until it has actually accrued.
For purposes of sick leave use, a “child” is defined as a biological, foster, or adopted child; stepchild; or a legal ward. A “child” may also be someone for whom you have accepted the duties and responsibilities of raising, even if he or she is not your legal child.
A “parent” is your biological, foster, or adoptive parent; stepparent; or legal guardian.
A “spouse” is your legal spouse according to the laws of California, which do not recognize “common law” spouses (a union that has not been certified by a civil or religious ceremony). All conditions and restrictions placed on an employee’s use of sick leave apply also to sick leave used for care of a child, parent, or spouse.
A “domestic partner” is another adult with whom you have chosen to share your life in an intimate and committed relationship of mutual caring, and with whom you have filed a Declaration of Domestic
Partnership with the Secretary of State.
A “domestic partner’s child” is the biological, foster or adopted child, stepchild, or legal ward of your domestic partner. A “domestic partner’s child” also may be someone for whom your domestic partner has accepted the duties and responsibilities of raising, even i f he or she is not your domestic partner’s legal child.
REQUIRED USE OF PAID SICK LEAVE BEFORE UNPAID LEAVE
You are required to take accrued and unused paid sick leave before taking unpaid leave, or having unpaid absences. Medical Leave (under both state and federal law) is included in this requirement.
Employees who are absent because of their own disability may be eligible for State Disability Insurance
(SDI) benefits. SDI payments do not begin until after you have been absent from work for 7 calendar days. If you have accrued paid sick leave, sick leave will be used for the first 7 days, before SDI payments begin. If you have no accrued sick leave, any accrued vacation will be used during this waiting period.
SDI benefits do not replace all of your usual wages. Your SDI benefits will be supplemented with any accrued and unused sick leave. If you have no sick leave, or once you exhaust your sick leave, accrued and unused vacation will be used to supplement your SDI benefits.
PREGNANCY DISIBILITY LEAVE
Pregnancy, childbirth, or related medical conditions will be treated like any other disability, and an employee on leave will be eligible for temporary disability benefits in the same amount and degree as any other employee on leave.
Any female employee planning to take pregnancy disability leave should advise the personnel department as early as possible. The individual should make an appointment with the personnel manager to discuss the following conditions:
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 26


Employees who need to take pregnancy disability must inform Coldwell Banker Commercial,
Bosanek and Flores when a leave is expected to begin and how long it will likely last. If the need for a leave or transfer is foreseeable, employee must provide notification at least 30 days before the pregnancy disability leave or transfer is to begin. Employees must consult with the personnel manager regarding the scheduling of any planned medical treatment or supervision in order to minimize disruption to the operations of the Company. Any such scheduling is subject to the approval of the employee’s health care provider;
 If 30 days’ advance notice is not possible, notice must be given as soon as practical; work assignment may be changed if necessary to protect the health and safety of the employee and her child;

Requests for transfers of job duties will be reasonably accommodated if the job and security rights of others are not breached;

Temporary transfers due to health considerations will be granted when possible. However, the transferred employee will receive the pay that accompanies the job, as is the case with any other temporary transfer due to temporary health reasons;
 Pregnancy leave usually begins when ordered by the employee’s physician. The employee must provide Coldwell Banker Commercial, Bosanek and Flores with a certification from a health care provider. The certification indicating disability should contain:
1. The date on which the employee became disabled due to pregnancy;
2. The probable duration of the period or periods of disability; and
3. A statement that, due to the disability, the employee is unable to perform one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy, or to other persons.

Leave returns will be allowed only w hen the employee’s physician sends a release;

An employee will be allowed to use accrued sick time (if otherwise eligible to take the time) during a pregnancy disability leave. An employee will be allowed to use accrued vacation or personal time (if otherwise eligible to take the time) during a pregnancy disability leave; and
 Duration of the leave will be determined by the advice of the employee’s physician, but employees disabled by pregnancy may take up to four months. Part-time employees are entitled to leave on a pro rata basis. The four months of leave includes any period of time for actual disability caused by the employee’s pregnancy, childbirth, or related medical condition. This includes leave for severe morning sickness and for prenatal care.

Leave does not need to be taken in one continuous period of time and may be taken intermittently, as needed. Leave may be taken in increments of two weeks.
Under most circumstances, upon submission of a medical certification that an employee is able to return to work from a pregnancy disability leave, an employee will be reinstated to her same position held at the time the leave began or to an equivalent position, if available. An employee returning from a pregnancy disability leave has no greater right to reinstatement than if the employee had been continuously employed.
SCHOOL ACTIVITIES
Employees are encouraged to participate in the school activities of their child(ren). The absence is subject to all of the following conditions:
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 27


Parents, guardians, or grandparents having custody of one or more children in kindergarten or grades one to 12 may take time off for a school activity;

The time off for school activity participation cannot exceed eight hours in any calendar month, or a total of 40 hours each school year;

Employees planning to take time off for school visitations must provide as much advance notice as possible to their supervisor;

If both parents are employed by Coldwell Banker, Bosanek and Flores the first employee to request such leave will receive the time off. The other parent will receive the time off only if the leave is approved by his or her supervisor.

Employees who do not have paid time off available will take the time off without pay, and
Employees must provide their supervisor with documentation from the school verifying that the employee participated in a school activity on the day of the absence for that purpose.
SUSPENSION
If an employee who is the parent or guardian of a child facing suspension from school is summoned to the school to discuss the matter, the employee should alert his or her supervisor as soon as possible before leaving work. In agreement with California Labor Code Section 230.7, no discriminatory action will be taken against an employee who takes time off for this purpose.
VACATION
Regular full-time employees accrue paid vacations in accordance with the following policy:
0 –6 months
6 months –1 year
2 –4 years
5 –14 years
15 years and thereafter no accrual
5 days
10 days per year
15 days per year
20 days per year
Temporary and part-time employees do not accrue paid vacation time. Regular full-time employees do not accrue vacation time during the first six months of employment. No vacation time may be taken until after completion of the first year of employment.
After completion of the initial six months of continuous employment, full-time employees begin to accrue vacation time at the rate of .0385 hours per hour worked. An employee who is scheduled to and does work 40 hours per week will normally accrue five working days or 40 hours of vacation in the second six months of continuous employment.
In the second, third, and fourth years of continuous employment, full-time employees will accrue vacation time at the rate of .0385 hours per hour worked. An employee who is scheduled to and does work 40 hours per week will normally accrue 10 working days or 80 hours vacation time in the second, third, and fourth years of employment.
Beginning with the fifth year of continuous employment, full-time employees begin to accrue vacation time at the rate of .0575 hours per hour worked. An employee who is scheduled to and does work an average of 40 hours per week will normally accrue 15 working days or 120 hours of vacation beginning in the fifth year of employment.
Coldwell Banker Commercial, Bosanek and Flores encourages employees to take vacation annually.
Vacation time must be taken within the year following accrual. Earned vacation time accrues to a maximum of 10 working days in the second through fourth years of employment; 20 working days in the fifth through 14th years of employment; and 30 working days in the 15th and following years of
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 28

employment. No additional vacation will be earned until accrued vacation time is used. Employees are responsible for tracking their accrued vacation time.
If the employee desires additional time off, vacation, personal days, or personal leave of absence may be requested. Granting of additional time off will be at the discretion of the supervisor based on department workflow.
Vacations shall be scheduled to provide adequate coverage of job responsibilities and staffing requirements. Brent Bosanek or Daniel Flores will make final determinations and must approve your vacation schedule in advance.
REQUIRED USE OF VACATION BEFORE UNPAID SICK LEAVE
You are required to take accrued and unused vacation before taking unpaid leave, or having unpaid absences.
Employees who are absent because of their own disability may be eligible for State Disability Insurance
(SDI) benefits. SDI payments do not begin until after you have been absent from work for 7 calendar days. If you have accrued sick leave, sick leave will be used for the first 7 days before SDI payments begin. If you do not have accrued sick leave, but do have accrued vacation, vacation will be substituted for the unpaid absence.
SDI benefits do not replace all of your usual wages. Your SDI benefits will be supplemented with any accrued and unused sick leave. If you have no sick leave, or once you exhaust your sick leave, accrued and unused vacation will be used to supplement your SDI benefits.
VICTIMS OF CRIME LEAVE
An employee who is themselves a victim or who is the family member of a victim of a violent felony or serious felony may take time off from work under the following circumstances:

The crime must be a violent or serious felony, as defined by law; and

You must be the victim of a crime, or you must be an immediate family member of a victim, a registered domestic partner of a victim, or the child of a registered domestic partner of a victim.
An immediate family member is defined as: a spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father or stepfather.
A registered domestic partner means a domestic partner who is registered in accordance with California state law.
The absence from work must be in order to attend judicial proceedings related to a crime listed above.
Before you are absent for such a reason, you must provide documentation of the scheduled proceeding.
Such notice is typically given to the victim of the crime by a court or government agency setting the hearing, a district attorney or prosecuting attorney's office or a victim/witness office.
If advance notice is not possible, you must provide appropriate documentation within a reasonable time after the absence.
Any absence from work to attend judicial proceedings will be unpaid, unless you choose to take paid time off, such as accrued vacation, personal leave time, or sick leave.
VOLUNTEER CIVIL SERVICE LEAVE
No employee shall be disciplined for taking time off to perform emergency duty as a volunteer firefighter, peace officer, or emergency rescue personnel. You are also eligible for unpaid leave for required training. If you are an official volunteer firefighter, please alert your supervisor that you may have to take time off for emergency duty. When taking time off for emergency duty, please alert your supervisor before doing so when possible.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 29

TIME OFF FOR VOTING
If an employee does not have sufficient time outside of working hours to vote in an official statesanctioned election, the employee may take off enough working time to vote. Such time off shall be taken at the beginning or the end of the regular working shift, whichever allows for more free time, and the time taken off shall be combined with the voting time available outside of working hours to a maximum of two hours combined. Under these circumstances, an employee will be allowed a maximum of two hours of time off during an election day without loss of pay. When possible, an employee requesting time off to vote shall give his or her supervisor at least two days notice.
INDEPENDENT CONTRACTOR STATUS
All Independent Contractors affiliated with the Company are not employees but independent contractors as defined by the Internal Revenue Service. The Independent Contractor acknowledges that as a nonemployee, he/she is not eligible to participate in any of the Company’s employee benefit programs (nor are his/her spouse or dependents) and waives all rights to such benefits, including any right to file a claim for any employee benefits under the Employee Retirement Income Security Act, applicable state or local law, or any Company policy, practice, procedure or program.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 30

AFFILIATION AGREEMENT; COMPLIANCE AFFIDAVIT
Upon affiliation with the Company, each Independent Contractor will sign the Independent Contractor
Disclaimer and Acknowledgement included with this Policy Manual identifying an independent contractor relationship between the Independent Contractor and the Company and the responsibilities of each.
NON-SUPERVISION
As an independent contractor the Independent Contractor may establish his/her own hours and methods of work without control or direction by the Company.
RECRUITMENT BONUS
Coldwell Banker Commercial, Bosanek and Flores wants to recruit quality applicants and in order to do so encourages independent contractors to refer qualified candidates to the Company. If your referral is employed by Coldwell Banker Commercial, Bosanek and Flores, a recruiting bonus will be paid to employees or independent contractors under the following terms:

Referrals will be paid only if the original application completed by the applicant contains the independent contractor’s name as the referral source.
 Referrals will be paid on a percentage of volume of the new independent contractor’s first year. Percentage to be negotiated and agreed upon in writing by both owners and referring independent contractor.

If the applicant is referred by more than one independent contractor, the referral bonus will be split equally among the referring independent contractors and paid on the same terms as above.
INDEPENDENT CONTRACTORS BONUSES AND COMMISSIONS
Settlement of commissions will be paid following close of escrow. Recruitment bonuses and incentives based on monthly financial statements are made on the 1st of the following month.
COMPANY SERVICES
The Company will provide the Independent Contractor some services at no charge; others will be billed.
Billings will be deducted from Independent Contractor’s next close of escrow. The following list is subject to change per the Owners. If Independent Contractor leaves office before reimbursement of billables, said billables will become due and payable immediately by Independent Contractor. If Billables are not paid at request of owners, legal recourse may be used to recover such monies.
Non-Billable:


Desk space
Business Cards

Some Marketing Training

Listing Database Maintenance (All except


Personal REA)
Other administrative duties
Stationary & Envelopes
Billable:

$100 in Advertising and Marketing Materials only will be allotted to each agent per month; after that all of the following will be charged accordingly.

Marketing supplies (folders, covers, etc)

Color Copies and Prints @ $.18 cents/copy

Newsletter Creation/Brochures = $25 per

Local Phone Service hour, not allotted.

Mailing preparation (folding/stuffing) = $25 per hour, not allotted

Postage (except when applies to Listings

Long Distance (Business Only – No Personal)

Computer Network Hookup

Internet Service

Email address


Company Website with property Information
Printer, Fax Machine and Black & White Copier
 and Earnest Money Agreements)
Personal database entry and maintenance
(i.e. REA private records) = $25 per hour not allotted.

Subscriptions (real estate dues, REA, databases, etc.)
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 31




Signs
Limited assistance typing letters, memos and real estate forms
Special Ad creation

All newspaper and magazine advertising, unless approved by the Owner or Marketing
Director.

Specialty signs (i.e., addition of subdivision map, extra graphics, etc.)

Errors and Omissions Insurance – Pro-rated between all offices. Billed at end of year. If paid by Jan. 31 st , agent receives 10% discount. Or, equal payments charged to first three escrows – no discount.

All software, maintenance and repairs on all personal computers (includes anti-virus software, etc.)
The following items are examples of items NOT furnished by the Company and are considered “tools of the t rade” an Independent Contractor may wish to acquire: Computer, briefcase, and appointment book. In addition, Independent Contractors are responsible for purchasing their own office supplies, i.e. pens, folders, note pads, office furniture above and beyond what is provided, etc.
Teams are encouraged to pool their marketing budgets. Any unused marketing allotment may be carried over to another month for use in more expensive advertising such as “The Wall Street Journal.”
CREST EDG FORMS
CREST EDG is a useful tracking tool offered to all agents working with Coldwell Banker Commercial,
Bosanek and Flores. Through CREST EDG, the Company is able to track sales and monitor commission income; once sales or lease data is entered into CREST EDG it then populates the CCIM
Site to do Business, LOOPNet, www.coldwellbankercommercial.com, and the Company’s personal website. In order to keep accurate records for CREST EDG, agents must complete the CREST EDG
Commercial Transaction Blank Form and/or the Commercial Lease Blank Form. If these forms are not completed when submitted to the Office Manager, the agent’s property listing will not be entered into any of the previously mentioned sites for advertisement. The required fields for these forms are as follows:
Commercial Lease Blank Form:
Page 1

Property Information: Office ID, Date Listed, Listing Expires, Status.

Lease Type

Property Code: Show Address on the Internet?
Page 2

Lot size, Year Built, Building Sq. Ft., Avail Sq. Ft., Min Lease Rate/Sq.Ft., Max Lease
Rate/sq. ft., Min Divisible Sq. Ft., Max Contiguous Sq. Ft.
Page 3

Lease Sq. Ft., Rate per sq. ft., Term, Agreement Date, Commencement Date, Exp.
Date, Aggregate Lease Value, Landlord Contribution, Commissionable Lease Value,
Commissionable Lease Rate, Commissionable Fee, Payment #
Page 5

Landlord name and company name
Page 6

Area Description, Property Description
Commercial Transaction Blank Form:
Page 1

Office ID, Listing #/MLS ID, Property Code, Property Use, Is Your Office Listing This
Property, Show Property on Internet, Show Address on the Internet, Date Listed, Term,
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 32

Listing Expires, Listed Price, Just Listed, Zoning, Lot Size, Building Sq. Ft., Annual
Taxes
Page 2

Associate ID, Percent of Slide, Type, Entity Name, Seller Lead, Survey Language,
Seller Source
Page 3

Seller Name
Page 4

Gross Income, Expenses, Cap Rate, Cash Flow Before Taxes, Total Units, Vacancy,
Price Per Unit, Number of Units, Sq. Ft., Rent
Page 5

Lessee, Sq. Ft., Area Description, Property Description
Page 6

Contract Date, Estimated Close Date, Sale Price, Possession Date, Property Sold By,
Buyer Rep Agreement, Type, Entity Name, Buyer Lead, Buyer Source
Page 7

Buyer Name,
Page 8

Gross Commission, Listing Side Commission, Outside Broker Split, Referral Fees,
Listing Side Referral, Selling Side Referral, Adjusted Gross Commission, Sales
Associate Commission, Adj. Listing Side Commission, Adj. Selling Side Commission,
Company Dollar, Sales Assoc. ID, Percent of Side, Company Name, Listing/Selling
Side, Amount, Actual Closing
In addition, all graphics such as photos, maps, etc. must be submitted at the same time.
FRANCHISED SERVICES
The phrase "Franchised Services" means acting as a broker or agent for another, or as a consultant to another, in connection with listing, offering, selling, exchanging, purchasing, auctioning, managing
(including property management), leasing, renting or consulting regarding any and all real property, except for real property which consists of four or less residential units or individual lots for the same
("Residential Property"). Under no circumstances will Franchisee act as a broker or agent for another, or as a consultant to another, in connection with listing offering, selling, exchanging purchasing, auctioning, managing, leasing renting or consulting regarding any and all
Residential Property.
FRANCHISED SERVICES EXCEPTIONS
Franchisee acknowledges that it is not the intent of this Agreement to permit any transactions in
Residential Property under the Coldwell Banker Commercial System other than for such Residential
Property as may personally owned by Franchisee or an Owner. Any particular Residential Property of the type excepted in "Franchised Services" (above) may be included in the Franchised Services if
Franchiser's prior written consent for Franchisee to act as broker or agent with respect to such property; provided however, that Franchisee shall be required to pay increased "Royalties" at a rate equal to six percent (6%). Inasmuch as there may be residential franchisees in Franchise areas, Franchiser's consent to any such request may be denied for any reason in Franchiser's sole and absolute discretion.
FRANCHISED IDENTITY STANDARDS
The Coldwell Banker Commercial Mark (marks, trademarks, logo) serve as the basic building block for universal acceptance and identification - for a single international graphic identity. As a franchisee we are granted permission to use the Mark and must also protect it by adhering to the standards and regulations delineated in the Coldwell Banker Commercial Identity Standard Manual. The standards in the Coldwell Banker Commercial Identity Standard Manual must be adhered to without variation.
Independent Contractors may get a copy of the manual for review on http://cbnet.coldwellbankercommercial.com. All marketing materials created by Independent
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 33

Contractors or employees are subject to approval by the Owners or Marketing Director per the Coldwell
Banker Commercial Identity Standard Manual guidelines.
PERSONAL ASSISTANT
Upon affiliation with the Company, the Personal Assistant acknowledges all assignments will be conducted in the name of the Primary Independent Contractor they are assisting. The Personal
Assistant as a nonemployee is not eligible to participate in any of the Company’s employee benefit programs (nor are his/her spouse or dependents) and waives all rights to such benefits, including any right to file a claim for any employee benefits under the Employee Retirement Income Security Act, applicable state or local law, or any Company policy, practice, procedure or program. The Personal
Assistant’s compensation will be governed by a written salary, commission-splitting or bonus agreement executed by the Primary Independent Contractor and the Personal Assistant. Because all business is done in the name of the Primary Independent Contractor, on transactions originated and generated by the Primary Independent Contractor, the amount of commission split or shared with the Personal
Assistant will be credited to the Primary Independent Contractor for purposes of calculating gross commission income.
LICENSURE; BOARD OF REALTORS
Each Independent Contractor shall maintain an active license to sell real estate in this state at their own expense. Independent Contractors will also pay their own applicable membership and participation fees. Both the Broker and Independent Contractor agree to comply with all rules and regulations of all real estate associations to which either or both of the parties belong. Each party agrees to save the other harmless from violation of any such rules or regulations.
UNFAIR ADVANTAGE; ETHICS
The Golden Rule and the REALTOR’S Code of Ethics are the foundations of the Company’s business conduct policy. The Independent Contractor is expected to similarly adhere to both in his/her dealings with the public.
DO-NOT-CALL LIST
The Company is committed to abiding by the federal do-not-call laws and maintaining compliance with the FCC/FTC regulations. The following procedures have been implemented to address three specific areas:
1. Upholding the federal do-not-call list.
2. Maintaining our company-specific do-not-call list.
It is the official policy of our Company to ensure that the wishes of our clients —past, existing, and future —are respected, and that none of these clients feel harassed or violated by our company.
Federal Do-Not-Call List
Coldwell Banker Commercial, Bosanek and Flores. has downloaded the federal do-notcall list (“the List”) from the Federal Trade Commission website on August 12, 2005. The List will be downloaded every ninety
(90) days following the previous download. The List Administrator will be responsible for downloading the List and e-mailing all staff to communicate the existence of an updated list. This list will be stored on the company shared network drive so the entire staff has access to the list.
Any Independent Contractor who contacts clients by telephone will be required to identify their clients on the List and take them out of their marketing database unless our company has in its possession a signed
Continued Relationship Authorization form giving us permission to call these clients, regardless of the fact that they are on the List. All Independent Contractors of Coldwell Banker Commercial will be responsible for maintaining their clients’ Continued Relationship Disclosure forms and ensuring that they are only contacting those clients who are not on the federal do-not-call list, or who have signed a Continued Relationship Disclosure form.
Company-Specific Do-Not-Call List
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 34

The Company maintains its own do-not-c all list. This list will be stored digitally on the company’s shared network so that all Independent Contractors will be able to access our company list from their computers.
Any Independent Contractor who has a name to add to our company list may send the name and phone number of the client to the List Administrator for immediate placement on the list.
Referral Calls
Independent Contractors understand that even leads brought in through referral sources need to be scrubbed against both lists before telephone contact is attempted. The established business relationship must be with Coldwell Banker Commercial, Bosanek and Flores in order for Independent Contractors to call even referral numbers.
KNOWLEDGE OF INVENTORY
It is important that Independent Contractors be familiar with all properties listed with the Company, particularly those being shown to a customer.
PRODUCTION STANDARDS
Minimum production standards may be set by the Company at the Company’s sole discretion. Such standards will be reviewed between each Independent Contractor and management at regular intervals.
COMPETENCE; EDUCATION
If an Independent Contractor encounters a client with a need in a specialized commercial real estate field in which the Independent Contractor is not well versed, he/she is to enlist the assistance of others in the Company with more training and expertise. If such assistance is not available within the
Company, the Independent Contractor will discuss the matter with the Broker. Worthwhile education programs are offered by Coldwell Banker Commercial, the Association of Realtors, the National
Association of Realtors and various institutes, societies, councils and private organizations. While the
Company cannot subsidize an Independent Contractors’ costs of attending such programs, all are urged to allocate a portion of their earnings for continuing education to improve professional competence.
COMPENSATION
The Independent Contractor will be compensated by the Company on a commission basis, exclusively, receiving a percentage of the funds received by the Company on the successful completion of any real estate transaction in which an Independent Contractor participates as an agent or subagent. Payment shall be according to the Company’s Commission Schedule Agreement with the Independent
Contractor in effect at the time of closing . The Company Commission Schedule will be reviewed with the Independent Contractors’ Independent Contractors’ Agreement.
COMMISSION SCHEDULE
The following is the commission schedule developed by the Broker/Owners. The Broker/Owners reserve the right to change this commission schedule.
Gross Commission Income (GCI) Agent Percentage
$0.00 - $99,999
$100,000 - $149,999
$150,000 - $499,999
$500,000+ 75%
Commission is calculated on the Independent Contractors GCI percentage at the time the selling transaction closes escrow or when a lease is signed and the commission is paid by the lessor, not at the percentage when the transaction is submitted.
60%
65%
70%
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 35

Rates at the beginning of a new fiscal year are as follows (the Company fiscal year is February 1 st to
January 31 st) .
Independent Contractor ended previous fiscal year at 60% - Start new fiscal year at 60%
Independent Contractor ended previous fiscal year at 65% - Start new fiscal year at 60%
Independent Contractor ended previous fiscal year at 70% - Start new fiscal year at 65%
Independent Contractor ended previous fiscal year at 75% - Start new fiscal year at 65%
COMMISSION SHARING
When one Independent Contractor cooperates with another Independent Contractor of the Company to the extent that they or the Company feel they should share in a commission, the Company will compensate each of them in such manner as they may jointly agree between them. However in no event shall the total amount paid them by the Company exceed that which they would have earned individually. Commission splits will be decided and put in writing before beginning work on a new listing.
All splits shall be approved by the Broker. If Independent Contractors are unable to agree on how such a commission should be divided, the Company will decide how the commission is to be divided.
INDEPENDENT CONTRACTORS’ PERSONAL PROPERTY TRANSACTIONS
The Company encourages its Independent Contractors to invest in real property. An Independent
Contractor should recognize that opportunities for buying and selling profitably often occur as a result of the Company’s advertising and other marketing activities, and should be especially careful not to appear to be exploiting these benefits to their own advantage and to the detriment of a seller or buyer.
Whenever an Independent Contractor buys, sells or invests in real estate, they must fully disclose to the seller or buyer in writing of they’re interest, intention and State of California real estate licensing status.
When buying or selling for their personal investment portfolio, Independent Contractors will pay a commission to the Company, their share of the franchise fee and the excise tax in any transaction. The
Broker is to be made aware of the intent and approve any commission reduction to the company.
The fee paid to the company will be twenty-five percent (25%) of the net commission, after 6% payment to Coldwell Banker Real Estate. If a co-worker is the lister of the property, they will be paid their normal split. The agent/investor will receive the balance of the commission.
COMMISSION/CLIENT DISPUTE RESOLUTION
All disputes as relates to commissions or clients that can not be resolved by the agents involved will be brought to the broker of record. After hearing the disagreement and seeing any paperwork, the broker and agents involved will attempt to mediate a resolution satisfactory to all agents concerned. If a resolution cannot be negotiated within 5 days, a panel of three agents as jurors and the broker as moderator will hear the disagreement and the jurors will render a decision. All parties to the dispute must first agree to this decision of their peers as binding and must sign a document stating their agreement.
ERRORS AND OMISSIONS INSURANCE
As part of the Franchise Agreement, Bosanek and Flores is required to carry Errors and Omissions (E &
O) Insurance. This fee is prorated according to an agent’s gross commercial income and Billed at end of year. If paid by Jan. 31 st , agent receives 10% discount. Or, equal payments charged to first three escrows – no discount.
ACTION AGAINST THE COMPANY AND AN INDEPENDENT CONTRACTOR
In any action brought jointly against the Company and an Independent Contractor, the expenses of defending against such action shall be borne by each proportionate to the division of the commission applicable to the Independent Contractor’s participation in the transaction involved in such action. If no property transaction is involved, and, thus no commission split is indicated, all costs shall be shared by the Company and the Independent Contractor equally.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 36

The Company reserves the right to settle independently on its own behalf without further obligation to the Independent Contractor , and it recognizes the Independent Contractor’s equal right to do the same without further obligation to the Company.
If a professional standards or grievance charge is brought jointly against the Company and an
Independent Contractor, all costs incurred in responding to the charge, as well as all fines, costs and awards levied by the Board of Realtors, will be shared by the Company and the Independent Contractor in the same manner unless otherwise indicated by the Board. In the event there is no property transaction involved, and thus no commission split is indicated, all costs, fines and awards will be shared equally unless otherwise indicated by the Board.
If a professional standards or grievance charge involving the Company and an Independent Contractor is brought after a termination with the Company, the expenses of responding to the charge, as well as costs, fines and awards, will be shared by the Company and the Independent Contractor as noted in the preceding paragraph.
SUITS FOR COMMISSION
The Company will have the sole discretion in determining whether to sue for a commission. Any such action will be maintained in the name of the Company. If an Independent Contractor participates in such a suit he/she will be expected to pay a share of its costs proportionate to his/her share of the commission being sought. If the Independent Contractor chooses not to participate in such costs, or fails to pay his/her agreed-upon share of the costs, the Independent Contractor shall forfeit any entitlement or claim to a share of a commission subsequently obtained by the Company from such a suit
TAXES; UNEMPLOYMENT COMPENSATION
The Company will NOT withhold income taxes from an Independent Contractor’s earnings nor will it withhold or match FICA (social securit y) taxes on an Independent Contractor’s behalf. It is the
Independent Contractor’s responsibility to fulfill their own obligations in this regard.
The Company does NOT provide unemployment compensation coverage for Independent Contractors.
SALES MEETINGS; TOURS
The Company conducts sales meetings once per week starting promptly at 8:30 AM. Every
Independent Contractor is expected to attend these sessions on a weekly basis. This is a display of courtesy to each other and the Company as well as a display of strength and professionalism to our clients.
INCOMING CALLS
Incoming calls for properties listed by our Company will first be directed to the Independent Contractor who has the listing. If that Independent Contractor is not available, the client will be offered the choice of speaking to another member of the listing agent’s team. If no team member is available, the Broker or
Office Manager will decide who will take the call.
Incoming calls not specifying a particular listing, but specifying a particular property type will first be sent to an Independent Contractor who specializes in that type of property. If one or more Independent
Contractors specialize in that type of property and only one is available, the call will be sent to them. If more than one Independent Contractor specializing in that particular property is available, the Broker or
Office Manager will decide who should take the call.
CHECK-IN AND CHECK-OUT
The Company maintains facilities for the use of the Independent Contractors to notify Administration where they can be reached when absent from the office. In a prolonged absence from the office, the
Independent Contractor should let administration know how they would like their phone calls handled
(i.e. voice mail) and, if possible, leave an emergency number.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 37

LONG DISTANCE CALLS
The Company will not pay for collect long distance calls by an Independent Contractor or his/her customers. Proper identification must be made of such calls so the Company can allocate such expenses to the proper person. Long distance service is provided for business use only (personal long distance charges must be reimbursed to the Company).
AUTO INSURANCE
Each Independent Contractor must provide the Company with evidence of securing and continuing to maintain required coverage of bodily injury limit of liability at a minimum of $1,000,000/$500,000 unless the Company reasonably requires a larger amount. The property damage limit of liability shall be at least $100,000 unless the Company reasonably requires a larger amount. This coverage must be by endorsement rider on the Independent Contractor’s insurance policy to protect the Company. Each
Independent Contractor shall furnish either the original or copy of such insurance policy to the
Company, together with a certificate or other satisfactory evidence that such insurance is in effect, which certificate will not be cancelled or diminished without a minimum of thirty (30) days written notice to the Company.
VACATIONS
Vacations are encouraged and necessary to secure rest and relaxation from work. Each Independent
Contractor is responsible for finding another Independent Contractor in the Company to handle his or her business during any vacation time.
TERMINATION; COMPANY PROPERTY
It is the Company’s policy to counsel Independent Contractors who fail to meet performance standards rather than resort to immediate dismissal. If an Independent Contractor, however, fails to attain and maintain satisfactory performance levels, the Company may terminate th e Independent Contractor’s service immediately.
When an Independent Contractor becomes terminated he/she shall return to the Company all files, records, keys and other materials belonging to the Company or satisfactorily account for them. After termination the Independent Contractor may not enter the office without supervision
PAYMENT AFTER TERMINATION
If a transaction in which the Independent Contractor was the listing and/or selling agent, was pending with minimal work remaining at the time of termination, he/she will be entitled to a full share of the commission to which the Independent Contractor otherwise would have been entitled. If more than minimal work is required by the Company to complete the sale, the Company may assign the closing to another Independent Contractor and reduce the amount deemed thus earned by up to 50% of the
Independent Contractor’s otherwise earned share.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 38

HISTORY
In 1981, The Federal Trade Commission completed a study (not released until 1984) that revealed over
70% of the property buyer and/or lessees believed the selling and/or leasing agent servicing them was their agent, whom they could confide in. As a result the FTC told the real estate industry, “Clean up your ac t. Start disclosing who your client is and your fiduciary relationships.”
DISCLOSURE – In California an agent must fully disclose who he or she is representing. This disclosure must be made prior to preparing a purchase and sale agreement, or an intent to lease. The agreement must contain a statement that confirms that the disclosure was made….often the agent is working for the seller and/or lessor. Without this disclosure, many clients might fail to recognize that although the (selling and/or leasing) agent may spend more time with the buyer and/or lessee in helping them locate the property they are looking for, the agent’s main duties and loyalties are to the seller and/or lessor.
TRANSACTIONS AND DOCUMENTS AFFECTED
The Company policy is based on the premise that full and complete disclosure, and the informed consent of the parties to the representation election made by the agent is necessary in all real property transactions. Accordingly, we direct our Independent Contractors to follow California Administrative
Code procedures in transactions not presently covered by its provisions. These include seller’s and/or lessor’s listings or employment agreements, option agreements, property management and loan brokerage transactions, and leases and rental agreements.
SUMMARY OF COMPANY AGENCY POLICY “CONSENSUAL DUAL AGENCY FOR IN-HOUSE
SALES, SINGLE AGENCY OTHERWISE”
1. Both seller and/or lessor, and buyer and/or lessee, may be clients.
2. Disclosed written consensual dual agency is practiced with in-house transactions.
3. Strict disclosure procedures and documentation are required.
SINGLE/DUAL AGENCY POLICY
Our Company policy is to act as the exclusive agent, whenever possible , for either the seller, lessor, buyer, or lessee in a real property transaction. Dual agency is difficult, but is acceptable by our
Company. If this is the case, the Independent Contractor must be more diligent and timely in disclosure to both parties.
FIDELITY TO THE CLIENT
The Independent Contractor’s primary obligation is to the client and he/she must always maintain this fidelity as the principal’s agent, making no representations contrary to the client’s best interests or instructions.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 39

LISTINGS; ACCEPTABILITY OF
All listings taken by Independent Contractors are taken in the name of and subject to the approval of the
Company. The Company prefers Exclusive-Right-To-Sell listings. All other types of listings are the decision of the Independent Contractor. Once a listing is accepted, the original signed Listing
Agreement and the New Listing form must be given to Administration for process, whether or not the Independent Contractor intends to have the listing marketed .
LISTINGS; TERMS OF, CHANGES IN, CANCELLATIONS
The Independent Contractor has full power to negotiate terms (including length and commission rate) of a new listing with the client. Also, the Independent Contractor is empowered to negotiate changes or cancellations of their listings.
LISTINGS; ASSIGNMENT OF
When the Company obtains a listing it may either market it or assign it to an Independent Contractor. In offering listings to Independent Contractors, the Company will do so based on its determination of an
Independent Contractor’s ability to effectively promote the property, not on a rotating basis
SELLER AND/OR LESSOR LISTING
Our Company policy is to act as the agent of the seller and/or lessor, exclusively, at the time the listing agreement is executed. The disclosure of our election must be made to the seller and/or lessor prior to the time the listing agreement is signed. The seller and/or lessor must understand the potential of dual agency in-house. Broker becomes listing agent and can also be selling agent, therefore becomes a dual agent.
Remember, age ncy is a consensual relationship, and the seller’s and/or lessor’s informed consent must be obtained.
DUAL AGENCY; CONTENT OF DISCLOSURE
On occasions, our Company policy may permit a dual relationship to be elected at a later time when a prospective buyer and/or lessee is located (with the written consent of the parties and approval of the
Broker or Manager). Therefore, the seller and/or lessor should, prior to the time the listing agreement is signed, be advised of this possibility. Since both principals require informed written consent for a dual agency, it would be inappropriate to have the seller and/or lessor approve dual agency representations before a prospective buyer and/or lessee is identified. However, it’s prudent to explain the role of dual agency and the fact that it does often occur.
The seller and/or lessor should be told that, in the event a potential buyer and/or lessee also desires our representation, a request may be made to change the single agency relationship to one of dual agency.
In such cases, if the seller and/or lessor later consents to the change, dual agency must be executed in writing, with said confirmation being a part of the transaction file. The Independent Contractor would be required to make all of the dual agency disclosures and to take any appropriate actions.
SHARING WITH BUYER’S AND/OR LESSEE’S BROKER
Our Company policy is to share in commissions and split fees with selling and/or leasing agents from other offices that, along with their buyers and/or lessee’, choose to be exclusive agents for the buyer and/or lessee. Seller and/or lessors should be told of this policy prior to signing the listing agreement and encouraged to authorize the sharing of commissions with a subagent, an exclusive buyer’s and/or lessee ’s agent, or a dual agent. The seller’s and/or lessor’s written consent to share commissions in this manner is to be included in the listing agreement.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 40

IN-HOUSE TRANSACTIONS WITH BUYER AND/OR LESSEE
Our Company policy for in-house transactions, where the buyer and/or lessee is not represented by another brokerage office, is to first attempt to educate the buyer and/or lessee. The Broker or Manager must approve any variations from this policy. One exception could arise: in cases of seller and/or lessor – turned – buyer and/or lessee. This basically means that our Company will be the exclusive seller and/or lessor’s agent and work for and have primary loyalty to the seller and/or lessor who lists with us. Yet, we are prepared to work with the buyer and/or lessee as a customer and provide customer level services to that buyer and/or lessee.
In such cases, the selling Independent Contractor (the one who locates the buyer and/or lessee) will be responsible for providing the buyer and/or lessee and seller and/or lessor with the mandatory agency disclosure form and obtaining their signed acknowledgment.
Educating the buyer and/or lessee means to make full disclosure regarding agency relationships to the buyer and/or lessee and, in a clear, business-like, and friendly fashion, to obtain the buyer’s and/or lessee’s consent to work with our Company with fiduciary representation.
WHEN THE BUYER AND/OR LESSEE IS NAÏVE OR VERY INEXPERIENCED
Remember, customer status may not be suitable for a naïve or inexperienced buyer and/or lessee, particularly in a complex transaction. The possibility of referring the buyer and/or lessee to another brokerage office, an attorney, or a licensed real estate broker who will act as a consultant is always an alternative to customer or dual agency status in an in-house sale. If any doubt arises in this area, the
Broker or Manager should be consulted.
Remember also to advise buyers and/or lessees that you will be happy to represent them as an exclusive agent for properties listed by other agents and offices. Caution should be employed here.
We must be careful not to encourage buyers and/or lessees to impart unnecessary confidential information to us when the buyer and/or lessee is being shown an outside listing. We must be friendly, but business-like and professional. Although the duty to retain such confidences may continue should the buyer and/or lessee later become a customer interested in an in-house listing, we may experience some ethical discomfort when we have gained confidential information about the buyer and/or lessee that could materially assist one of our sellers and/or lessors in the negotiating process. If such cases arise, the Broker or Manager should be consulted. In some of these instances, it may prove to be a dual agency transaction, where we act more as a middleman, mediator, or facilitator, may be the safest harbor for all involved.
CONFIRMATION BY BUYER AND/OR LESSEE
If the buyer and/or lessee agree to customer status, the proper blank on our Purchase and Sale
Agreement and or Intent to Lease should be marked the seller and/or lessor exclusively . The seller and/or lessor must agree to, and confirm, that representation election made by the selling and/or leasing
Independent Contractor and the buyer and/or lessee. If the confirmation is part of the offer, and the seller and/or lessor does not accept the election made by the selling and/or leasing Independent
Contractor and the buyer and/or lessee, a counter-offer may be made by the seller and/or lessor. (This may be more common in cases where the seller and/or lessor decline a subagency relationship elected by a cooperating agent.)
Where the selling and/or leasing Independent Contractor does not deal directly with the seller and/or lessor, the listing Independent Contractor will obtain from the seller and/or lessor the signed acknowledgement of receipt for disclosure form, or prepare the declaration explaining why the seller and/or lessor would not sign it. A copy of the appropriate document should be placed in the office transaction file.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 41

COOPERATIVE TRANSACTION WITH OTHER BROKERS
When the buyer and/or lessee is represented by another office and we exclusively represent the seller and/or lessor, the selling and/or leasing (cooperating) agent is required to be responsible for agency disclosure to the buyer and/or lessee. The listing Independent Contractor from our Company will, whenever possible, assist the selling and/or leasing agent in obtaining from the seller and/or lessor a signed acknowledgment of receipt of all disclosure forms submitted by the selling and/or leasing agent in the transaction.
It is our Company policy to ask cooperating agents, at first contact, about their election of agency status, particularly whether they have chosen to act as subagents. Advise them as to our Company policy to reject subagency and encourage all cooperating agents to be consistent with our policy.
CONFIRMATION AND COUNTER-OFFERS
Unless other arrangements are made, or the selling and/or leasing agent is present at the time of the presentation of the offer, our Company policy requires the listing Independent Contractor to obtain a copy of the signed Agency Disclosure. If the election of the selling and/or leasing agent, and buyer and/or lessee is different than that elected by the listing Independent Contractor and seller and/or lessor, then the listing Independent Contractor shall advise the seller and/or lessor of the right to make a counter-offer. If any complications arise from these matters, the Broker or Manager shall be immediately notified.
FEE SHARING WITH BUYER AND/OR LESSEE’S AGENTS
Our Company policy is to cooperate in fee sharing with outside selling and/or leasing agents who represent the buyer and/or lessee exclusively. In such cases, the selling and/or leasing Independent
Contractor should be careful not to share any seller and/or lessormade confidences with the buyer’s and/or lessee’s agent, or otherwise jeopardize the seller’s and/or lessor’s negotiating position. Only when appropriate, it is our policy to allow the selling and/or leasing agent and the buyer and/or lessee to inspect the property without the supervision of the seller and/or lessor or the listing Independent
Contractor. It is our policy to provide access to exclusive buyer’s and/or lessee’s agents. As usual, seller’s and/or lessor’s should be advised to take reasonable security measures relating to valuable and personal and confidential documents and possessions.
WRITTEN CONTRACT WITH BUYER AND/OR LESSEE
When a buyer and or lessee signs a Purchase and Sell Agreement and/or Intent to Lease provided by our company, they are establishing that we are the “procuring cause” for the particular property shown if the buyer or lessee purchase or lease it. Although the seller and/or lessor may pay the commission, the buyer and/or lessee agrees that we are entitled to the selling and/or leasing commission.
TURNAROUND SALES
It is not uncommon for seller and/or lessor to ask us to locate commercial property. These situations must be carefully handled, as considerable additional disclosure is usually required whenever there is a possibility of a change in the working relationship with a consumer. Our level of services, duties and potential liability may be drastically altered.
IN-HOUSE LISTINGS
If the seller and/or lessor is interested in an in-house listing, our Company favors a dual agency status for the seller and/or lessor when in the role of the seller and/or lessor -turned- buyer and/or lessee.
EARNEST MONEY DEPOSITS; SIZE; FORM
An offer to purchase that is obtained by an Independent Contractor shall be accompanied by an earnest money deposit or promissory note sufficient in size and form to reasonably assure the culmination of the transaction if accepted by the seller, unless otherwise indicated on the listing. The size and form of earnest money deposits must be clearly identified in the offer to purchase. It is preferred by the
Company that checks go directly to escrow (title company). However, in rare exceptions checks can be written payable to Coldwell Banker Commercial for deposit into the Company trust account.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 42

EARNEST MONEY DEPOSITS; HANDLING OF
If the earnest money is payable to a title company, the Independent Contractor must tender it to the title company by the next business day which allows ample time for the title company to comply with State of
California licensing requirements. Per California State Law the Buyer may not deliver the earnest money to the Title Company; the Real Estate Agent must deliver it. In addition, the Independent
Contractor must provide the Company with a copy of the earnest money check or note, and a receipt from the title company.
When an Independent Contractor accepts an earnest money deposit payable to Coldwell Banker
Commercial, Bosanek and Flores, the check must be copied for the Company file and tendered to the Company by the next business day which allows ample time for the Company to comply with the
State of California licensing requirements.
OPENING ESCROW
Unless otherwise indicated, each Company Independent Contractor involved in a transaction is to open escrow on their own transactions and be responsible for the accuracy of the escrow instructions. At the time of opening escrow, the Independent Contractor is to fill out a Letter of Instruction / Broker Demand form, include the Purchase and Sale Agreement or copy of Lease, and submit it to Administration for processing. The Independent Contractor shall also copy additional agreements and submit to
Administration for the Transaction file. When receiving information from the Title Company,
Administration will submit the paperwork to the Transaction file.
FAIL OF TRANSACTION
In the event a Transaction fails, the Independent Contractor is responsible to obtain appropriate paperwork and copy it to Administration to be submitted to the Transaction file.
CLOSE OF TRANSACTION
It is Company policy that selling and listing Independent Contractors attend closings to be of assistance to their principals.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 43

DISCLOSURE REQUIREMENTS
If dual agency is elected in a particular transaction, the Independent Contractor must do more than write in the disclosure in the back in the Real Estate Purchase and Sale Agreement. The Independent
Contractor must carefully explain to both buyer and/or lessee and seller and/or lessor that they and/or the designated broker is also acting for the other party to the transaction. The Independent Contractor must make it clear that he or she owes a fiduciary duty of utmost care, integrity, honest and loyalty to both parties. In addition to any other disclosures required, the following specific disclosures and actions should also be immediately implemented:
1. Disclosure – The dual agent must make it clear that, without the express written permission of the respective party, he or she cannot disclose to the other party that the seller and/or lessor will accept a price less than the listing price, or that the buyer and/or lessee will pay a price greater than the price offer.
2. Disclosure – The dual agent must disclose his/her obligation to maintain as confidential information relating to the respective parties that, if revealed, could adversely affect the other party’s negotiating position (e.g. the seller and/or lessor has purchased or leased other real estate and is highly motivated, or the buyer and/or lessee must relocate quickly and is highly motivated). However, it must be made clear to the parties that the agent is not relieved from being fair and honest and must disclose all facts known to the agent materially affecting the value or desirability of the property not know to the parties.
3. Disclosure – The dual agent must disclose that he or she cannot negotiate on behalf of one client to the disadvantage of the other. Therefore, in many phases of the transaction, the agent will be acting more as a mediator or facilitator. The seller and/or lessor and buyer and/or lessee must be advised that they are not relieved from the responsibility to protect their own interest and negotiate in their own behalf, using the Independent Contractor as an informed intermediary.
4. Action – Both parties are to sign an Agency Disclosure form or a Consensual Dual Agency
Agreement.
5. Action – If the Independent Contractor encounters or suspects any problem in the course of the transaction that creates or could cause a conflict of loyalties, the Broker or Manager must be immediately notified.
POLICY IN DUAL AGENCY CONFLICTS
The resolution of any dual agency problems may require any or all of the following actions:

Immediate notification to the Broker or Manager.

Possible consultation with our Company attorney.

Letters be directed to the respective clients describing the conflict in general terms and a suggested resolution.

The clients be requested to attend a joint meeting.

One of the clients be given the opportunity to convert to customer status, requiring new confirmation forms to be signed.

One of the clients be referred to another brokerage office.

Referral of one or both clients to an attorney of choice.
Coldwell Banker Commercial,
Bosanek and Flores
Policy Manual
04/14/20 Page 44