Agenda packet — Atwater City Council, June 12, 2023 (part 3 of 5)

On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and TJKM Transportation Consultants Page 11 of 16

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Section 1.1, for up to two, one-year renewals. Any such extension shall require a written approval by the City Manager, or her designee. Any extension beyond two years shall require a written amendment to this Agreement as provided for herein. Professional understands and agrees that, if City grants such an extension, City shall have no obligation to provide Professional with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Professional for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.4 Assignment and Subcontracting. City and Professional recognize and agree that this Agreement contemplates personal performance by Professional and is based upon a determination of Professional’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Professional.

Professional may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Professional shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Professional shall survive the termination of this Agreement.

8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement. City shall not in any manner be liable for Professional’s actual or projected lost profits had Professional completed the services required by this Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;

8.6.3 Retain a different professional to complete the work described in Exhibit A not finished by Professional; or

8.6.4 Charge Professional the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Professional pursuant to Section 2 if Professional had completed the work.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and TJKM Transportation Consultants Page 12 of 16 Section 9. Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City (“Confidential Information”) or any third party. Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.

Section 10. KEEPING AND STATUS OF RECORDS.

10.1 Records Created as Part of Professional’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Professional prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Professional hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Professional agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

10.2 Professional’s Books and Records. Professional shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Professional to this Agreement.

10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Professional to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 11. MISCELLANEOUS PROVISIONS.

11.1 Attorneys’ Fees and Costs. If a Party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs, in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and TJKM Transportation Consultants Page 13 of 16

11.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Merced or in the United States District Court, Eastern District of California.

11.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

11.6 Use of Recycled Products. Professional shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

11.7 Conflict of Interest. Professional may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Professional in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code section 81000 et seq.

Professional shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code sections 1090 et seq.

Professional hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Professional was an employee, agent, appointee, or official of the City in the previous twelve months, Professional warrants that it did not participate in any manner in the forming of this Agreement. Professional understands that, if this Agreement is made in violation of Government Code section 1090 et seq., the entire Agreement is void and Professional will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Professional will be required to reimburse the City for any sums paid to the Professional. Professional understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code section 1090 and, if applicable, will be disqualified from holding public office in the State of California.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and TJKM Transportation Consultants Page 14 of 16

11.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

11.9 Contract Administration. This Agreement shall be administered by the City Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

11.10 Notices. Any written notice to Professional shall be sent to:

Nayan Amin, President
4305 Hacienda Drive
Suite 550
Pleasanton, CA 94588
Any written notice to City shall be sent to:

Lori Waterman, City Manager
750 Bellevue Road
Atwater, CA 95301

11.11 Professional Seal. Where applicable in the determination of the contract administrator or when required by law, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

11.12 Integration. This Agreement, and the exhibits listed below, represents the entire and integrated agreement between City and Professional and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Scope of Work
Exhibit B Fee Schedule
Exhibit T-1 Task Order

11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and TJKM Transportation Consultants Page 15 of 16

11.14 Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

11.15 Authority. All Parties to this Agreement warrant and represent that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by the state or federal law in order to enter into the Agreement have been fully complied with.

11.16 Drafting and Ambiguities. Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advice of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting party does not apply in interpreting this Agreement.

11.17 Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

11.18 IRS Form W-9. Professional shall complete and submit Internal Revenue Service Form W-9 to the City before execution of this Agreement. The City’s Finance Director shall have authority to waive this requirement.
[signatures on the following page]

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and TJKM Transportation Consultants Page 16 of 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Nayan Amin, President
Attest:
____________________________
Kory Billings, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

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Exhibit A to Professional Services Agreement between {DATE} City of Atwater and ___________________ Page 1 of 1

EXHIBIT A

SCOPE OF WORK

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Exhibit B to Professional Services Agreement between {DATE} City of Atwater and ______________ Page 1 of 1

EXHIBIT B

FEE SCHEDULE

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 1 of 16

ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF ATWATER AND SNG & ASSOCIATES, INC. (PROFESSIONAL) THIS AGREEMENT for on-call professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and SNG & Associates, Inc., a California Corporation, (“Professional”) as of August 1, 2023 (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties”.

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Professional shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A, and more specifically described in individual Task Orders shall which be appended to this Agreement as an exhibit (collectively, the “Services”). The first such Task Order shall be identified as Task Order No. 1 and attached as “Exhibit T-1”. Subsequent Task Orders shall be identified and appended accordingly. In the event of a conflict in or inconsistency between the terms of this Agreement and the Exhibit A, this Agreement shall prevail. No more than ten (10) Task Order’s shall be issued.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date noted above and shall end on August 1, 2026. Professional shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Professional to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8.

1.2 Standard of Performance. Professional shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Professional is engaged in the geographical area in which Professional practices its profession. Professional shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Professional's profession.

1.3 Assignment of Personnel. Professional shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Professional shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. All personnel, including those reassigned at City’s request, shall be supervised by Professional. Professional is prohibited from subcontracting this Agreement, or any part of it, unless such subcontracting is expressly approved by City in writing.

1.4 Time. Professional shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.2 above and to satisfy Professional’s obligations hereunder.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 2 of 16 Section 2. COMPENSATION. City hereby agrees to pay Professional for the full performance of its Services on a time and materials basis at the compensation rates specified on Exhibit B; provided, however, that total compensation for the full performance by Professional of Services shall not exceed $1,000,000 collectively, and under a particular Task Order shall not exceed the amount stated therein, and in no case, shall the total compensation under any particular Task Order exceed $200,000, without prior authorization from the City Manager or her designee. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payment from City to Professional for services rendered pursuant to this agreement.

Professional shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Professional shall not bill City for duplicate services performed by more than one person.

Professional and City acknowledge and agree that compensation paid by City to Professional under this Agreement is based upon Professional’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Professional. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Professional and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Professional shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs, if any, incurred prior to the invoice date. Invoices shall contain the following information:
▪ Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.; ▪ The beginning and ending dates of the billing period; ▪ A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
▪ The total number of hours of work performed under the Agreement by Professional and each employee, agent, and subcontractor of Professional performing services hereunder;
▪ The Professional’s signature; and
▪ Professional shall give separate notice to the City when the total number of hours worked by Professional and any one individual employee, agent, or subcontractor of Professional reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete work described in Exhibit A, if applicable.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 3 of 16

2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Professional.

2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed.

2.4 Total Payment. City shall pay for the services to be rendered by Professional pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Professional in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Professional submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement.

2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Professional terminates this Agreement pursuant to Section 8, the City shall compensate the Professional for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Professional shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Professional is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator, as defined in Section 11.9.

Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Professional shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Professional only the facilities and equipment listed in this Section, and only under the terms and conditions set forth herein.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 4 of 16 City may furnish, at its sole discretion, physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Professional, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Professional and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Professional shall provide proof satisfactory to the City of such insurance that meets the requirements of this Section and under forms of insurance satisfactory in all respects and that such insurance is in effect prior to beginning work to the City. Professional shall maintain the insurance policies required by this Section throughout the term of this Agreement. The cost of such insurance shall be included in the Professional’s bid. Professional shall not allow any subcontractor to commence work on any subcontract until Professional has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to the City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Professional shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers’ Compensation. Professional shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Professional. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than TWO MILLION DOLLARS ($2,000,000) per accident. In the alternative, Professional may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code.

Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Professional, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.

4.2 Commercial General and Automobile Liability Insurance.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 5 of 16

4.2.1 General requirements. Professional, at its own cost and expense, shall maintain commercial general liability insurance for the term of this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000.00) and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00). The commercial general liability and automobile liability insurance shall be per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a commercial general liability insurance or an automobile liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition), Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Professional, including the insured’s general supervision of Professional; products and completed operations of Professional; premises owned, occupied, or used by Professional; and automobiles owned, leased, or used by the Professional. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers.
b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 6 of 16 d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Professional, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than TWO MILLION DOLLARS ($2,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.

4.3.2 Claims-made form. The following provisions shall also apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Professional must purchase an extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work under this Agreement, whichever is later.
d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 7 of 16

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Professional shall furnish City with certificates of insurance evidencing required policies delivered to Professional by the insurer, including complete copies of all endorsements attached to those certificates. All copies of policies and endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Professional beginning work, it shall not waive the Professional’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.3 Subcontractors. Professional shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.4.4 Deductibles and Self-Insured Retentions. Professional shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Professional may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Professional procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.

4.4.5 Wasting Policies. Except for Professional Liability insurance policy, no policy required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is eroded by the cost of defense).

4.4.6 Waiver of Subrogation. Professional hereby agrees to waive subrogration which any insurer or contractor may require from vendor by virtue of the payment of any loss. Professional agrees to obtain any endorsements that may be necessary to effect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the Professional, its employees, agents, and subcontractors.

4.5 Remedies. In addition to any other remedies the City may have if Professional fails to provide or maintain any insurance policies, or policy endorsements, to the extent and within the time herein required, the City may, at its sole option, exercise any of the following remedies, which are alternatives to other remedies the City may have and are not the exclusive remedy for Professional’s breach:

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 8 of 16 ▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
▪ Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment until Professional demonstrates compliance with the requirements hereof; and/or ▪ Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

5.1 General Requirement. Professional shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Professional or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Professional shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Professional or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Professional to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Professional from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Professional acknowledges and agrees to the provisions of this Section and that it is a material element of consideration.

5.2 PERS Indemnification. In the event that Professional or any employee, agent, or subcontractor of Professional providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Professional shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Professional or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 9 of 16 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

Section 6. STATUS OF PROFESSIONAL.

6.1 Independent Contractor. At all times during the term of this Agreement, Professional shall be an independent contractor as defined in Labor Code Section 3353, and shall not be an employee of City. Nothing contained in this Agreement shall be construed to be inconsistent with the foregoing relationship or status. City shall have the right to control Professional only insofar as the results of Professional's services rendered pursuant to this Agreement and assignment of personnel pursuant to Section 1.3; however, otherwise City shall not have the right to control the means by which Professional accomplishes services rendered pursuant to this Agreement. Professional shall have no power or authority by this Agreement to bind the City in any respect. All employees and agents hired or retained by Professional are employees and agents of Professional and not of the City. The City shall not be obligated in any way to pay any wage claims or other claims made against Professional by any such employees or agents, or any other person resulting from performance of this Agreement.

Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Professional and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

Professional shall not allow any employee to become eligible for a claim for PERS benefits.

6.2 Professional Not an Agent. Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Professional shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Professional and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Professional’s failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 10 of 16

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Professional, and any subcontractors, shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Professional represents and warrants to City that Professional and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Professional represents and warrants to City that Professional and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Professional and any subcontractors shall obtain and maintain valid Business Licenses from City during the term of this Agreement.

7.5 Nondiscrimination and Equal Opportunity. Professional shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Professional under this Agreement. Professional shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Professional thereby.

Professional shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.

Professional may cancel this Agreement upon 90 days’ prior written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Professional shall be entitled to compensation for services performed to the satisfaction of the City to the effective date of termination; City, however, may condition payment of such compensation upon Professional delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Professional or prepared by or for Professional or the City in connection with this Agreement.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 11 of 16

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;

8.6.3 Retain a different professional to complete the work described in Exhibit A not finished by Professional; or

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 12 of 16 Section 9. Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City (“Confidential Information”) or any third party. Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.

Section 10. KEEPING AND STATUS OF RECORDS.

Section 11. MISCELLANEOUS PROVISIONS.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 13 of 16

11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 14 of 16

11.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

11.10 Notices. Any written notice to Professional shall be sent to:

Nanda K. Gottiparthy, President
5776 Stoneridge Mall Road
Suite 365
Pleasanton, CA 94588
Any written notice to City shall be sent to:

Lori Waterman, City Manager
750 Bellevue Road
Atwater, CA 95301

Exhibit A Scope of Work
Exhibit B Fee Schedule
Exhibit T-1 Task Order

11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 15 of 16

11.14 Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

11.17 Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and SNG & Associates, Inc. Page 16 of 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Nanda K. Gottiparthy, President Attest:
____________________________
Kory Billings, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

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Exhibit A to Professional Services Agreement between {DATE} City of Atwater and ___________________ Page 1 of 1

EXHIBIT A

SCOPE OF WORK

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Exhibit B to Professional Services Agreement between {DATE} City of Atwater and ______________ Page 1 of 1

EXHIBIT B

FEE SCHEDULE

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 1 of 16

ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN

THE CITY OF ATWATER AND VVH CONSULTING ENGINEERS (PROFESSIONAL) THIS AGREEMENT for on-call professional services is made by and between the City of Atwater, a California municipal corporation (“City”) and VVH Consulting Engineers, a California Corporation, (“Professional”) as of August 1, 2023 (the “Effective Date”). City and Professional shall be referred to herein separately as a “Party” and collectively as “Parties”.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 2 of 16 Section 2. COMPENSATION. City hereby agrees to pay Professional for the full performance of its Services on a time and materials basis at the compensation rates specified on Exhibit B; provided, however, that total compensation for the full performance by Professional of Services shall not exceed $1,000,000 collectively, and under a particular Task Order shall not exceed the amount stated therein, and in no case, shall the total compensation under any particular Task Order exceed $200,000, without prior authorization from the City Manager or her designee. In the event of a conflict between this Agreement and Professional’s fee schedule regarding the amount of compensation, attached as Exhibit B, the Agreement shall prevail. City shall pay Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Professional for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payment from City to Professional for services rendered pursuant to this agreement.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 3 of 16

2.5 Hourly Fees. Fees for work performed by Professional on an hourly basis shall not exceed the amounts shown on the fee schedule set forth in Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement.

2.7 Payment of Taxes. Professional is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 4 of 16 City may furnish, at its sole discretion, physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Professional’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities.

The requirement to maintain Statutory Worker’s Compensation and Employer’s Liability Insurance may be waived by the City upon written verification that Professional does not have any employees.

4.2 Commercial General and Automobile Liability Insurance.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 5 of 16

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 6 of 16 d. Any failure of Professional to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers.
e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Professional shall notify City within fourteen (14) days of notification from Professional’s insurer if such coverage is suspended, voided or reduced in coverage or in limits.

4.3 Professional Liability Insurance.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this Section is to be placed with insurers with a Bests' rating of no less than A:VII.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 7 of 16

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 8 of 16 ▪ Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
▪ Order Professional to stop work under this Agreement or withhold any payment that becomes due to Professional hereunder, or both stop work and withhold any payment until Professional demonstrates compliance with the requirements hereof; and/or ▪ Terminate this Agreement.

Section 5. INDEMNIFICATION AND PROFESSIONAL’S RESPONSIBILITIES.

5.3 Design Professionals. To the extent that the services under this Agreement include design professional services subject to California Civil Code Section

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 9 of 16 2782.8, as may be amended from time to time, Professional’s duty to indemnify under Sections 5.1 and 5.2 shall only be to the maximum extent permitted by California Civil Code Section 2782.8.

Section 6. STATUS OF PROFESSIONAL.

Professional shall not allow any employee to become eligible for a claim for PERS benefits.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 10 of 16

Professional shall include the provisions of this Section in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Professional.

Professional may cancel this Agreement upon 90 days’ prior written notice to City and shall include in such notice the reasons for cancellation.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 11 of 16

8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties.

8.6 Options upon Breach by Professional. If Professional materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following:

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Professional pursuant to this Agreement;

8.6.3 Retain a different professional to complete the work described in Exhibit A not finished by Professional; or

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 12 of 16 Section 9. Confidentiality. Professional understands and agrees that, in the performance of services under this Agreement or in the contemplation thereof, Professional may have access to confidential information or other materials exempt from public disclosure, and that such information may contain sensitive or confidential data, the disclosure of which to third parties may be damaging to City (“Confidential Information”) or any third party. Professional shall not, either during or after the Term, disclose to any third party any Confidential Information without the prior written consent of City. If City gives Professional written authorization to make any such disclosure, Professional shall do so only within the limits and to the extent of that authorization.

Section 10. KEEPING AND STATUS OF RECORDS.

Section 11. MISCELLANEOUS PROVISIONS.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 13 of 16

11.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

11.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 14 of 16

11.8 Solicitation. Professional agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

11.10 Notices. Any written notice to Professional shall be sent to:

Chris Vierra, Principal
430 Tenth Street
Modesto, CA 95354
Any written notice to City shall be sent to:

Lori Waterman, City Manager
750 Bellevue Road
Atwater, CA 95301

Exhibit A Scope of Work
Exhibit B Fee Schedule
Exhibit T-1 Task Order

11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

11.14 Time is of the Essence. Time is of the essence in this Agreement for each covenant and term of a condition herein.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 15 of 16

11.17 Headings. Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

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On-Call Master Professional Services Agreement between August 1, 2023 City of Atwater and VVH Consulting Engineers Page 16 of 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

CITY PROFESSIONAL
____________________________ ______________________________ Lori Waterman, City Manager Chris Vierra, Principal
Attest:
____________________________
Kory Billings, City Clerk
Approved as to Form:
_________________________________
Frank Splendorio, City Attorney

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Exhibit A to Professional Services Agreement between {DATE} City of Atwater and ___________________ Page 1 of 1

EXHIBIT A

SCOPE OF WORK

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Exhibit B to Professional Services Agreement between {DATE} City of Atwater and ______________ Page 1 of 1

EXHIBIT B

FEE SCHEDULE

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

June 12, 2023
TO: Mayor and City Council
FROM: Jana Sousa, Human Resources Director

PREPARED
BY:

Jana Sousa, Human Resources Director
SUBJECT: Approving and Ratifying a Memorandum of Understanding (MOU) with the Atwater Police Officers’ Association (APOA) Regarding Terms and Conditions of Employment (Human Resources Director Sousa)

RECOMMENDED COUNCIL ACTION
Adopt Resolution No. 3402-23 Approving a Memorandum of Understanding (MOU) between the City of Atwater and the Atwater Police Officers’ Association (APOA) Pertaining to Certain Terms and Conditions of Employment; and Authorizing and Directing the City Manager to Execute the MOU on behalf of the City.

I. BACKGROUND/ANALYSIS:

The City of Atwater (“City”) and the Atwater Police Officers’ Association (“APOA”) entered into its most recent Memorandum of Understanding (MOU) with an effective date of July 1, 2022. The term of the current MOU expires on June 30, 2023.

The City’s negotiating team and the Atwater Police Officers’ Association met and conferred in good faith on a regular basis for the purpose of negotiating a successor MOU relative to terms and conditions of employment. On May 25, 2023, the City and the APOA reached a tentative agreement, and on June 1, 2023, the City was notified that the APOA voted in favor of ratifying the tentative agreement. Staff is now seeking ratification by the City Council.

The proposed successor MOU is for a term of four (4) years and includes the following substantive changes in addition to salary adjustments: equity adjustments for the sole classifications of Police Officer, Police Sergeant, and Public Safety Dispatcher to bring classifications to a marketable rate in relation to recruitment and retention of qualified individuals; an increase to medical in-lieu payments for those employees who present proof of qualifying alternative health care coverage and deny the City's health coverage; an additional two (2) days for bereavement leave using available accumulated vacation, holiday or Compensatory Time Off (CTO); Accumulation of up to one hundred and twenty (120) hours of CTO and option to be paid up to eighty (80) hours of accumulated

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

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Agenda Report - Page 2

CTO twice each year for sworn personnel; call backs for court appearances to include a four (4) hour minimum, instead of a three (3) hour minimum; bilingual pay increase to $125 per month and made available to eligible employees who pass an oral test; longevity pay of 2% for employees employed 10-19 years of service, and an additional 3% (for a total of 5%) for employees employed 20 years or more. Approval of the MOU would also add two (2) Police Corporal positions without an increase to total staffing. All proposed changes to language are outlined in red and underlined.

II. FISCAL IMPACTS:

The fiscal impacts associated with the side letter agreement are included in the proposed Fiscal Year 2023-24 Budget. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney’s Office.

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The Human Resources Director has worked closely with the City Manager’s Office and the Finance Director to present this item to the City Council for action.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as employment agreements would not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

Upon approval of the successor MOU, staff will route the MOU for signatures and begin implementation.

Submitted by:

Jana Sousa, Human Resources Director

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Agenda Report - Page 3

Submitted and Approved by:

Lori Waterman, City Manager
Attachments:

1. APOA MOU 7-1-2023 through 6-30-2027 - Final For City Council Approval

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MEMORANDUM OF UNDERSTANDING
between

CITY OF ATWATER
and

ATWATER POLICE OFFICERS ASSOCIATION
JULY 1, 2023 – JUNE 30, 2027

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APOA Memorandum of Understanding Page 2

TABLE OF CONTENTS
Article/Section Title Page
INTRODUCTION .................................................................................................................................................5 ARTICLE 1: PURPOSE.....................................................................................................................................5 ARTICLE 2: RECOGNITION.............................................................................................................................5 SECTION 2.1: CERTIFICATION OF EMPLOYEE ORGANIZATION AND RECOGNITION OF EXCLUSIVE REPRESENTATIVE.....................................................................................................................................................5 SECTION 2.2: STATUS OF APOA AS CERTIFIED EMPLOYEE ORGANIZATION AND EXCLUSIVE REPRESENTATIVE5 SECTION 2.3: MEET AND CONFER OBLIGATION .....................................................................................................5 ARTICLE 3: MEMBERSHIP, DUES, AND SERVICE FEES ..........................................................................6 SECTION 3.1: RIGHTS OF EMPLOYEES ...................................................................................................................6 SECTION 3.2: NEW HIRES .......................................................................................................................................6 SECTION 3.3: SCOPE OF REPRESENTATION...........................................................................................................7 SECTION 3.4: MEETINGS DURING WORKING HOURS.............................................................................................7 SECTION 3.5: DISTRIBUTION OF MATERIALS TO EMPLOYEES ................................................................................7 SECTION 3.6: ASSOCIATION REPRESENTATIVES....................................................................................................7 SECTION 3.7: CONTRACT NEGOTIATIONS...............................................................................................................8 SECTION 3.8: MEMORANDUM OF UNDERSTANDING ...............................................................................................8 SECTION 3.9: IMPASSE............................................................................................................................................8 SECTION 3.10: FACT-FINDING ................................................................................................................................8 SECTION 3.11: COST...............................................................................................................................................8 ARTICLE 4: NONDISCRIMINATION ...............................................................................................................8 ARTICLE 5: APPOINTMENT AND PROBATIONARY PERIODS.................................................................9 SECTION 5.1: IN-HOUSE RECRUITMENT / EXTERNAL RECRUITMENT ....................................................................9 SECTION 5.2: INITIAL PROBATIONARY PERIOD .......................................................................................................9 SECTION 5.3: PROMOTIONAL / TRANSFER PROBATIONARY PERIOD......................................................................9 ARTICLE 6: SALARIES ....................................................................................................................................9 SECTION 6.1: SALARY RANGES ..............................................................................................................................9 SECTION 6.1.1: SALARY ADJUSTMENTS.................................................................................................................9 SECTION 6.2: JOB CLASSIFICATION REVIEW AND COMPENSATION ADJUSTMENTS.............................................10 SECTION 6.3: PAYMENT AND ADMINISTRATION ....................................................................................................10 SECTION 6.4: DEDUCTIONS IN COMPENSATION ...................................................................................................10 SECTION 6.5: SALARY OF NEW EMPLOYEES........................................................................................................10 SECTION 6.6: PERFORMANCE EVALUATIONS .......................................................................................................10 SECTION 6.7: INCREASE IN SALARY RANGE AND STEP........................................................................................11 SECTION 6.8: SALARY ON PROMOTION.................................................................................................................12 SECTION 6.9: SALARY ON RECLASSIFICATION......................................................................................................12 SECTION 6.11: SALARY ON DEMOTION.................................................................................................................13 SECTION 6.11.1: DEMOTION FOR DISCIPLINARY REASONS.................................................................................13 SECTION 6.11.2: DEMOTION IN LIEU OF LAYOFF..................................................................................................13 SECTION 6.12: ADJUSTMENTS IN SALARY RANGES .............................................................................................13 SECTION 6.13: REDUCED HOUR POSITIONS .........................................................................................................13 SECTION 6.14: SALARY ADJUSTMENT UPON MOVE TO ALTERNATE POSITION AS A RESULT OF THE INTERACTIVE PROCESS..........................................................................................................................................15

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APOA Memorandum of Understanding Page 3
ARTICLE 7: WORK WEEK AND SCHEDULE.............................................................................................. 15 SECTION 7.1: WORK WEEK...................................................................................................................................15 SECTION 7.2: SCHEDULING...................................................................................................................................15 SECTION 7.2.1: SWORN MEMBERS:......................................................................................................................15 SECTION 7.2.2: PUBLIC SAFETY DISPATCHERS ...................................................................................................16 SECTION 7.2.3: COMMUNITY SERVICES OFFICERS..............................................................................................17 SECTION 7.2.4: RECORDS CLERKS ......................................................................................................................17 ARTICLE 8: MAJOR FRINGE BENEFITS .................................................................................................... 18 SECTION 8.1: RETIREMENT ...................................................................................................................................18 SECTION 8.1.1: SAFETY MEMBERS.......................................................................................................................18 SECTION 8.1.2: MISCELLANEOUS MEMBERS........................................................................................................18 SECTION 8.1.3: USE OF SICK LEAVE CREDIT AT RETIREMENT............................................................................19 SECTION 8.2: HEALTH CARE.................................................................................................................................19 SECTION 8.3: VACATION........................................................................................................................................25 SECTION 8.4: HOLIDAYS........................................................................................................................................26 SECTION 8.5: SICK LEAVE.....................................................................................................................................28 SECTION 8.6: BEREAVEMENT LEAVE ....................................................................................................................29 SECTION 8.7: SHORT TERM DISABILITY................................................................................................................30 SECTION 8.8: CATASTROPHIC LEAVE ....................................................................................................................31 ARTICLE 9: OTHER COMPENSATION ........................................................................................................ 32 SECTION 9.1: OVERTIME WORK............................................................................................................................32 SECTION 9.1.1: CALCULATION OF OVERTIME.......................................................................................................32 SECTION 9.1.2: COMPENSATORY TIME OFF.........................................................................................................33 SECTION 9.2: STANDBY PAY.................................................................................................................................33 SECTION 9.3: CALL BACKS....................................................................................................................................34 SECTION 9.3.1: CALL BACK PAY...........................................................................................................................34 SECTION 9.3.2: CALL BACKS FOR COURT APPEARANCES...................................................................................34 SECTION 9.3.3: CALL BACKS FOR ANY REASON OTHER THAN COURT APPEARANCES......................................34 SECTION 9.4: ON THE JOB INJURY........................................................................................................................34 SECTION 9.5: JURY DUTY AND WITNESS DUTY UNRELATED TO EMPLOYMENT ..................................................35 SECTION 9.6: MILEAGE ALLOWANCE ....................................................................................................................35 SECTION 9.7: UNIFORM AND SAFETY EQUIPMENT ...............................................................................................36 SECTION 9.8: EDUCATIONAL INCENTIVE ...............................................................................................................36 SECTION 9.9: SPECIAL ASSIGNMENT PAY ............................................................................................................36 SECTION 9.10: REQUIRED CERTIFICATION...........................................................................................................40 SECTION 9.11: AMMUNITION .................................................................................................................................40 SECTION 9.12: LONGEVITY PAY...................................................................................................................... 41 ARTICLE 10: SENIORITY............................................................................................................................... 41 ARTICLE 11: SAFETY .................................................................................................................................... 42 ARTICLE 12: DISCIPLINARY ACTION......................................................................................................... 42 SECTION 12.1: GENERAL RULES RELATED TO DISCIPLINARY ACTION................................................................42 SECTION 12.2: PROCEDURE FOR DISMISSAL, SUSPENSION OF MORE THAN THREE (3) DAYS, DEMOTION, OR REDUCTION IN PAY.................................................................................................................................................42 SECTION 12.3: PROCEDURE FOR SUSPENSIONS OF THREE (3) DAYS OR LESS.................................................44 ARTICLE 13: LAYOFF AND REINSTATEMENT.......................................................................................... 45

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APOA Memorandum of Understanding Page 4
SECTION 13.1: LAYOFFS .......................................................................................................................................45 SECTION 13.2: REINSTATEMENT...........................................................................................................................46 ARTICLE 14: RESIGNATION......................................................................................................................... 46 SECTION 14.1: VOLUNTARY RESIGNATION...........................................................................................................46 ARTICLE 15: LEAVES.................................................................................................................................... 47 SECTION 15.1: LEAVE OF ABSENCE WITHOUT PAY ..............................................................................................47 SECTION 15.2: LEAVE OF ABSENCE – MILITARY ..................................................................................................47 ARTICLE 16: GRIEVANCE PROCEDURE ................................................................................................... 47 ARTICLE 17: MISCELLANEOUS .................................................................................................................. 48 SECTION 17.1: PERSONNEL REPORTS AND RECORDS ........................................................................................48 SECTION 17.2: OTHER EMPLOYMENT...................................................................................................................48 SECTION 17.3: EMPLOYMENT OF RELATIVES .......................................................................................................48 SECTION 17.4: TRAINING ......................................................................................................................................49 SECTION 17.5: MEDICAL EXAMS / FITNESS FOR DUTY EXAMS............................................................................49 SECTION 17.6: SUBCONTRACTING........................................................................................................................49 SECTION 17.7: DISCRIMINATORY WORKPLACE HARASSMENT POLICY ................................................................50 ARTICLE 18: CONCERTED ACTIVITIES ..................................................................................................... 50 ARTICLE 19: CITY RIGHTS ........................................................................................................................... 50 ARTICLE 20: CONCLUSIVITY....................................................................................................................... 50 ARTICLE 21: SAVINGS CLAUSE.................................................................................................................. 51 ARTICLE 22: TERM OF AGREEMENT......................................................................................................... 51 ARTICLE 23: DEFINITIONS .......................................................................................................................... 51

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APOA Memorandum of Understanding Page 5

INTRODUCTION
Representatives of the Atwater Police Officers Association (the “APOA”) and representatives of the City of Atwater (the “City”) have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment for employees whose job classifications are listed in Appendix A (the “PD Unit”), have exchanged fully information, opinions, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such employees which are within the scope of representation.

This Memorandum of Understanding (“MOU”) is entered into pursuant to the Meyers-Milias-Brown Act (“MMBA”) and has been jointly prepared by the Parties.

ARTICLE 1: PURPOSE
The purposes of this MOU are to promote and provide for harmonious relations, cooperation, and understanding between the City and the APOA and to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise regarding wages, hours, and other terms and conditions of employment.

ARTICLE 2: RECOGNITION
Section 2.1: Certification of Employee Organization and Recognition of Exclusive Representative
The process for establishing a Bargaining Unit, recognizing a Certified Employee Organization and/or an Exclusive Representative of a Bargaining Unit, and separation of an employee classification from a Bargaining Unit shall proceed as set forth in Resolution No. 2581-10, as may be amended from time to time.

Section 2.2: Status of APOA as Certified Employee Organization and Exclusive Representative
The APOA is recognized as the Certified Employee Organization and Exclusive Representative, as provided in Resolution No. 2581-10, as may be amended from time to time, for Regular employees assigned to classifications in the PD Unit. Any modification to a classification within the PD Unit shall be subject to the meet and confer process. Notwithstanding the foregoing, this MOU does not apply to employees who are considered Confidential Employees.

Section 2.3: Meet and Confer Obligation
The City and the APOA shall meet and confer on all changes to policies, procedures and rules affecting wages, hours and other terms and conditions of employment.

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ARTICLE 3: MEMBERSHIP, DUES, AND SERVICE FEES
Section 3.1: Rights of Employees
Employees of the City shall have the right to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employee relations. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations. It shall be an additional right of the employees to represent themselves individually in their employee relations with the City. Neither the City nor the employee organizations shall interfere with, intimidate, restrain, coerce, or discriminate against employees because of the exercise of their rights under this Section.

Section 3.2: New Hires
City shall notify the Union, in writing, of all new hires within seven (7) days after the initial hire date. The information provided shall contain name, job title, department, work location, work, home, and personal cellular phone numbers, personal email on file with the City and home address. Notwithstanding the foregoing, City shall not disclose the home phone number and/or home address of any employee who submits a written request that such information remain private. The City shall provide a list of all previously stated information for all employees working for the City in the covered classifications at least once every 120 days (January 1, May 1, and September 1 of every year), with the exception of the home address and home phone of those employees who have requested in writing that their home address and home phone remain private.

When a new employee orientation/on boarding is scheduled, the Union will receive an invitation to such at least ten (10) days in advance of scheduled date of orientation/on boarding unless there is an unforeseeable urgent need requiring a shorter notice period, pursuant to California Government Code section 3556. City will allow the Union to meet with new employees hired into the bargaining unit for a total of 30 minutes during the employee orientation.

Payment of dues shall be by payroll deduction. Upon receipt of written certification by the Union that an employee has signed a deduction authorization, the City will deduct the appropriate dues or fees from the employee’s pay, as established and as may be changed from time to time by the Union and will remit such dues or fees to the Union. Employee requests to cancel or change deductions must be directed to the Union, rather than City. Payroll deductions will cease or be modified upon receipt of written certification from the Union that the employee has revoked or modified the deduction authorization for dues or fees. Payroll deductions for new members authorizing dues deduction will become effective the first of the pay period following City’s receipt of the written certification of authorization. Revocations or modifications of authorizations will become effective the pay period following City’s receipt of the written certification of revocation or modification. Neither the City nor the Union will discriminate against any unit member because of the exercise of their statutory rights.

In accordance with Government Code 1157.12, the Union agrees to hold the City harmless from all claims, demands, suits or other forms of liability that may arise against City for or on account of any deduction made from the wages of such employees pursuant to this MOU.

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Section 3.3: Scope of Representation
A. The scope of representation shall be limited to all matters relating to employment conditions and employer-employee relations, including but not limited to, wages, hours, and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law or executive order.

B. An Exclusive Employee Organization shall be the sole representative of all employees in the PD Unit and shall represent all employees of the Unit, except that an employee of the Unit shall have the right to represent him/herself in his/her employment relations with the City.

Section 3.4: Meetings During Working Hours
Authorized representatives of Certified Employee Organizations and Exclusive Representatives shall be allowed reasonable access to employees of the PD Unit during work hours for representational purposes including the processing of grievances. Such authorized representatives are to notify their managers in advance of the date, time and location of such meetings and ensure that the proposed meeting will not unreasonably interfere with operational needs of the Police Department. Managers shall provide reasonable opportunities for employees to participate in such meetings. Work time devoted to such visits shall not exceed such time as is reasonably necessary to handle the business at issue.

Section 3.5: Distribution of Materials to Employees
Space shall be made available to Certified Employee Organization and Exclusive Representative for the placement of bulletin boards within the City only at such facilities where the Certified Employee Organization or Exclusive Representative has members and provided such use does not interfere with the needs of the Police Departments. The Certified Employee Organization and Exclusive Representative shall also be permitted to distribute materials to employees via the City’s email system. Notices shall be dated and shall identify the Certified Employee Organization or Exclusive Representative responsible for their issuance. The employee organizations will be responsible for ensuring that material posted is of current interest and that out-of-date material is removed in a timely manner. All material distributed pursuant to this Section shall be limited to topics relevant to terms and conditions of employment.

Section 3.6: Association Representatives
Certified employee organizations may have a up to four (4) employees who serve as official representatives (“Representatives”) released from work without loss of compensation when meeting and conferring (including labor negotiations, presentation of grievances and disciplinary proceedings) with management representatives where matters within the scope of representation are being considered. The APOA shall provide a current list of the Representatives to the Director of Human Resources. Representatives shall obtain permission from their manager prior to participating in such meetings.

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Section 3.7: Contract Negotiations
A. The City and the representatives of Certified Employee Organizations and the Exclusive Representatives shall have the mutual obligation to personally meet and confer within a reasonable period of time in order to exchange freely information, opinions, and proposals and to endeavor to reach agreement on matters within the scope of representation.

B. Upon commencement of the meet and confer process, the parties shall refrain from making public statements to the press until impasse has been declared by either party in writing.

Nothing contained herein shall preclude the parties from the exercising of rights granted them by City, State, or Federal laws.

Section 3.8: Memorandum of Understanding
Upon reaching a tentative agreement, a written memorandum of understanding shall be prepared and shall be presented to members for ratification, and upon ratification by the members, shall be presented to the City Council for adoption.

Section 3.9: Impasse
Impasse procedures shall be used only when all other attempts at reaching an agreement through meeting and conferring in good faith have been unsuccessful. When an impasse has been reached, the parties shall proceed pursuant to the provisions of the MMBA, provided, however, that mediation shall be optional and may involve a mediator from SMCS or as selected jointly by the parties. The cost of any mediation agreed to by the parties shall be shared equally.

Section 3.10: Fact-Finding
Fact-finding shall occur, if at all, in accordance with the applicable provisions of the MMBA.

Section 3.11: Cost
The cost of mediation, if any, and fact-finding proceedings, if any, shall be borne equally among all parties involved.

ARTICLE 4: NONDISCRIMINATION
There shall be no discrimination against any employee or applicant for employment on the basis of race, creed, color, religion, national origin, sex, sexual orientation, gender identity, marital status, pregnancy, ancestry, physical or mental disability, medical condition, age, citizenship status, military or veteran status, genetic information, or any other basis protected by applicable Federal, State or local law.

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ARTICLE 5: APPOINTMENT AND PROBATIONARY PERIODS
Section 5.1: In-House Recruitment / External Recruitment All current City employees, who are serving in any capacity, and former City employees who are on a current recall or reemployment list, may participate in the in-house recruitment process for any position subject to this MOU. To be considered for a position, such persons must meet the minimum qualifications for the position. Participation in an in-house recruitment process does not guarantee selection for an open position. The City may use external recruitment to fill a position subject to this MOU if the position is not filled through the in-house recruitment process.

Employees of this bargaining unit will be given at least fourteen (14) days written notice of any promotion or special assignment opportunity in the form of an email sent to their work email address.

Section 5.2: Initial Probationary Period
All newly hired employees shall be required to complete an initial probationary period of a minimum of six (6) months, with the exception of Police Officers and Public Safety Dispatchers, who shall be required to complete an initial probationary period of a minimum of one (1) year. At the end of the initial probationary period, a performance evaluation shall be conducted pursuant to Section 6.6. During the initial probationary period, employees are considered at will, may be terminated at any time without right of appeal or hearing, but subject to applicable rights, and the provisions of Sections 12.2 and 12.3 shall not apply.

Section 5.3: Promotional / Transfer Probationary Period All employees who are promoted to any new position, regardless of classification, and all employees who are transferred to any new classification shall be required to complete a probationary period of a minimum of six (6) months. Employees who are promoted or transferred, but who have already successfully completed an initial probationary period, and who do not successful complete the promotional or transfer probation, may move back to their previous position.

ARTICLE 6: SALARIES
Section 6.1: Salary Ranges
Section 6.1.1: Salary Adjustments
Sworn Classifications
Effective 7-1-2023 a 9% equity adjustment and a 4% cost-of living adjustment (COLA), for a total of a 13% increase to salary.

Effective 7-1-2024 a 2% COLA.

Effective 7-1-2025 a 2% COLA.

Effective 7-1-2026 a 2% COLA.

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Public Safety Dispatcher Classifications
Effective 7-1-2023 a 3% equity adjustment and a 4% cost-of living adjustment (COLA), for a total of 7% increase to salary.

Effective 7-1-2024 a 2% COLA.

Effective 7-1-2025 a 2% COLA.

Effective 7-1-2026 a 2% COLA.

Other Non-Sworn Classifications
Effective 7-1-2023 a 4% cost-of living adjustment (COLA).

Effective 7-1-2024 a 2% COLA.

Effective 7-1-2025 a 2% COLA.

Effective 7-1-2026 a 2% COLA.

Section 6.2: Job Classification Review and Compensation Adjustments The City recognizes the need to periodically review job classifications for purposes of evaluating the applicability of specific job-related requirements and to evaluate associated salary ranges. To this end, the City and the APOA agree to meet and confer through the Labor-Management Committee to review the job classifications in the PD Unit and evaluate possible equity adjustments.

Section 6.3: Payment and Administration
All employees shall be paid every other Thursday for the prior two (2) work weeks.

Section 6.4: Deductions in Compensation
Any employee who works less than a full pay period, except when using earned vacation, compensatory time, paid holiday or paid sick leave, shall be compensated based on the number of hours actually worked in that pay period.

Section 6.5: Salary of New Employees
The first step of the salary range for each classification of employees is the minimum rate that will be paid for employees in that classification and shall normally be the hiring rate for the classification. In cases where it is difficult to secure qualified personnel, or if a person is hired who has prior years of service performing similar duties (i.e., a lateral appointment), the City Manager may set the hiring rate above step 1.

Section 6.6: Performance Evaluations
Each employee shall be evaluated after completing the Initial Probationary Period. The purpose of this initial evaluation is to determine whether the employee has performed in a manner that justifies changing the employee’s status to “Regular” or extending their probationary status.

In addition to the initial evaluation, each employee shall be evaluated on an annual basis, with each evaluation to occur at or near the employee’s anniversary date. If, in the discretion of the City, the employee is performing at a less than satisfactory level, a meeting shall be held to

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discuss the performance issues. The employee shall be provided with written documentation regarding corrective actions that the employee needs to take. The purposes of conducting performance evaluations are to assess each employee’s performance of their job duties and determine whether salary adjustments are appropriate.

Performance evaluations shall be conducted in writing by the employee’s immediate supervisor, or his or her designee. The evaluations shall examine the employee’s performance of various categories set forth on the evaluation form and shall also include an overall evaluation rating.

Performance ratings of less than “satisfactory” shall include a written explanation for the rating and provide guidance to the employee to assist the employee in achieving more favorable ratings.

Each evaluation shall be discussed with the employee. Written evaluations may be adjusted by the evaluator as a result of the discussion with the employee. Once an evaluation is in final form following the discussion between the evaluator and the employee, the employee may make a written request for an appeal of the evaluation to the City Manager. Any requests for an appeal must be received within fifteen (15) calendar days of the discussion date between the evaluator and the employee. The City Manager shall hear the appeal within fifteen (15) calendar days of receiving the appeal request and provide a written response within thirty (30) calendar days of the appeal meeting. However, performance evaluations are not subject to the grievance procedures set forth in this MOU. Employees shall be permitted to submit a written response to any performance evaluation, which shall be attached to the evaluation and maintained in the employee’s personnel file. Any written response must be submitted to the Human Resources Department within 30 calendar days after the discussion between the evaluator and the employee.

If an employee receives an overall evaluation of less than “satisfactory”, the employee may be reevaluated after a minimum of six (6) months to determine whether salary adjustments are appropriate. All delayed salary adjustments resulting from less than “satisfactory” performance evaluations shall be prospective and not retroactive, regardless of when the adjustment is made.

An employee’s anniversary date does not change regardless of the number of evaluations that occur in a year and regardless of when the employee receives a salary adjustment.

Section 6.7: Increase in Salary Range and Step
A. Every regular employee shall have a normal anniversary of twelve (12) months from the employee’s date of hire and will be eligible for advancing through the steps of the relevant salary range on the employee’s normal anniversary date.

B. The following general rules apply to advancement through the salary steps: 1) advancement decisions shall be based upon merit as determined through employee performance evaluations; 2) advancement determinations will generally be made at or near the employee’s anniversary date in cases of satisfactory performance; 3) employees who receive an overall performance evaluation rating of “satisfactory” or higher shall advance to the next step in the salary range; 4) employees who receive an overall performance evaluation of less than “satisfactory” will not advance to the next step in the salary range at the time of their performance evaluation, but may be eligible for advancement prior to their next anniversary date if re-evaluated as a result of improved performance.

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C. Merit salary advancements shall be granted in single step increments within the salary range for a particular classification based upon employee performance evaluations as described in this Section. Supervisors may recommend that employees receive a merit salary adjustment of two (2) steps a maximum of one (1) time during such employee’s tenure in a given classification in recognition of outstanding service. Such recommendations shall be an exception to the general rule that adjustments shall be made in single step increments. Merit salary adjustments of two (2) steps shall be subject to prior approval of the City Manager.

D. All step advancements will become effective on the first day of a pay period. Step advancements due to satisfactory performance will be made on the first day of the pay period in which the anniversary date falls, except where a step advancement is a result of a reevaluation that occurs after the employee’s anniversary date, in which case the effective date will be the first day of the pay period in which the step advancement is granted.

Section 6.8: Salary on Promotion
An employee who is promoted from one classification to another having a higher salary range shall be adjusted within the new range so as to guarantee a minimum five percent (5%) increase.

The anniversary date for promoted employees shall change to the effective date of the promotion.

Future performance evaluations shall be based upon the employee’s new anniversary date.

Section 6.9: Salary on Reclassification
An employee who is reclassified from one classification to another having a lower salary range shall be assigned to a step within the salary range that is closed to, but not less than the employee’s current salary. Notwithstanding the foregoing, the City Manager may, in his/her sole discretion, permit the employee to retain his/her current rate of pay, even though it is higher than the salary range for the reclassified position, for a maximum of two (2) fiscal years.

An employee who is reclassified from one classification to another having a higher salary range shall be adjusted within the new range so as to guarantee a minimum of five percent (5%) increase. In addition, an employee who is reclassified within ninety (90) days of the employee’s anniversary date shall have his or her annual performance valuation from the employee’s former position conducted at the time of the reclassification. If the employee receives an overall rating of “satisfactory”, the employee shall receive a merit increase at the time of the reclassification, in addition to being assigned to a step within the salary range which will guarantee a minimum five percent (5%) increase.

A reclassified employee’s anniversary date shall change to the effective date of the reclassification. Future performance evaluations shall be based upon the employee’s new anniversary date.

Section 6.10: Salary on Transfer
An employee who voluntarily decides to change positions which results in a transfer from a classification with a higher salary range to a classification with a lower salary range shall be

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assigned to the step in the salary range for the new (lower classification) position which is the closest to, but not less than, the employee’s salary range in the former (higher classification) position, not to exceed the maximum step for the new position.

Voluntary changes in positions which result in a transfer from a class with a lower salary range to a classification with a higher salary range shall be governed by Section 6.8 (Salary on Promotion).

The anniversary date for transferred employees shall change the effective date of the transfer.

Future performance evaluations shall be based upon the employee’s new anniversary date.

Section 6.11: Salary on Demotion
The anniversary date for employees who are demoted for any reason shall change to the effective date of the demotion. Future performance evaluations shall be based upon the employee’s new anniversary date.

Section 6.11.1: Demotion for Disciplinary Reasons
An employee who is demoted from a classification with a higher salary range to a classification with a lower salary range as a result of disciplinary action taken against the employee shall be assigned to a step in the salary range for the new (lower classification) position based upon the recommendation of the Supervisor, subject to approval of the City Manager.

Section 6.11.2: Demotion in Lieu of Layoff
An employee who is demoted from a classification with a higher salary range to a classification with a lower salary range in lieu of being laid off shall be assigned to the step in the salary range for the new (lower classification) position that is the same as the step in the employee’s current classification.

Section 6.12: Adjustments in Salary Ranges
Adjustments in the general salary ranges made after the effective date of this MOU shall be made after meeting and conferring with the APOA in accordance with the Meyers-Milias-Brown Act, Resolution No. 2581-10, and the City’s Personnel Rules and Regulations, and after ratification by resolution of the City Council. Employees affected by the adjustments to the salary ranges shall have their existing salary adjusted to the same relative step in the new salary range.

Section 6.13: Reduced Hour Positions
A. Subject to the terms of the City’s Personnel Rules and Regulations related to hiring requirements, the City may hire employees for permanent positions of less than 40 hours per week (“Reduced Hour Positions”). Appointments to “Reduced Hour Positions” shall be processed on a regular Personnel Action Form which shall designate the number of hours to be worked. Reduced Hour Positions shall be subject to provisions of this MOU.

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B. Except as otherwise provided by law or the applicable benefit plan, an employee holding a Reduced Hour Position may participate in the City’s benefit programs as established for Reduced Hour Positions as follows:

1. Reduced Hour Position employees shall participate in the City’s retirement plan subject to the same terms and conditions as other City employees.

2. Reduced Hour Position employees who elect to receive medical, vision and/or dental coverage shall pay premiums in the amounts set forth in Section 8.2 of this MOU.

3. Disability insurance will be provided by the City for Reduced Hour Position employees as set forth in Section 8.7 of this MOU.

4. Reduced Hour Position employees shall be eligible for sick leave and vacation in the amounts set forth in Sections 8.3 and 8.5 of this MOU. All other conditions related to the accrual and use of sick leave and vacation will be the same as those for full time regular employees.

5. Reduced Hour Position employees shall be provided holiday pay as set forth in Section

8.4 of this MOU.

6. Reduced Hour Position employees who work a minimum of thirty (30) hours per week shall receive life insurance equal to the employee’s annual base salary rounded to the next highest One Thousand Dollars ($1,000). The life insurance policy shall only be in effect while the employee is employed by the City.

C. Reduced Hour Position employees are required to complete an Initial Probationary Period on the same terms and conditions as are set forth in Section 5.4 of this MOU.

D. Seniority of Reduced Hour Position employees shall accrue from date of appointment regardless of the number of hours worked by the employee.

E. If the City determines that the hours required of a Reduced Hour Position need to be increased, up to and including, Full-Time employment status, the employee currently holding the Reduced Hour Position shall have the right of first refusal to occupy that position with the increased hourly requirement.

F. Current City employees may volunteer to serve in Reduced Hour Positions. Regular FullTime employees shall not be required to accept a Reduced Hour Position. However, if the City changes a position from Full-Time to Reduced Hour and the employee currently holding the position declines to accept the Reduced Hour Position, that position may be filled by someone else, and the City is not required to find another position for the employee. If two (2) or more employees seek appointment to a Reduced Hour Position, and all other factors are equal, the employee with the most Seniority shall fill the position.

G. The City Manager, in his/her sole discretion, shall have the ability to determine the number of Reduced Hour Positions.

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Section 6.14: Salary Adjustment Upon Move to Alternate Position as a Result of the Interactive Process
When an employee is unable to perform the essential functions of his/her current position without an accommodation, and, after engaging in the interactive process with the City it is determined that the City will accommodate the employee by placing him/her in an alternate position, the employee shall be paid at his/her current rate of pay for a maximum of thirty (30) days while in the alternate position. Thereafter, the employee shall be paid at the step in the salary range for the alternate position which is equivalent to the step in which the employee is assigned in his/her current salary range, provided, however, that the maximum decrease in pay that an employee shall be subject to shall be a thirty-five percent (35%) decrease.

ARTICLE 7: WORK WEEK AND SCHEDULE
Section 7.1: Work Week
The City’s work week begins at 12:01 a.m. Thursday and ends at 12:00 a.m. on Wednesday.

Section 7.2: Scheduling
Section 7.2.1: Sworn Members:

A. Sworn Members shall have two (2) paid break periods of fifteen (15) minutes each, and one (1) paid meal period of thirty (30) minutes.

1. Sworn Members assigned to “Patrol” have agreed to accept a work schedule using a twelve (12) hour plan. The plan will include the following schedule: for each fourteen (14) day period – the first week, the member will work three (3) days of twelve (12) hours each and one (1) day of eight (8) hours, and the second week, the member will work three (3) days of twelve (12) hours each. Overtime shall not be paid to Tier 1 members during the first week when they work three (3) days of twelve (12) hours each and one (1) day of eight (8) hours.

2. The schedule agreed to in section A(1) above shall remain the agreed upon schedule during all times of adequate staffing (hereby as staffing of fifteen (15) available personnel or more).
a. The calculation of staffing levels based on “available personnel,” as used in this section and in A(3) below, shall include all officers regularly assigned to the Patrol Division, the Patrol Sergeant, if any, and shall not include any personnel in special assignments, school resource officers, any officer that is on leave of absence for an actual or anticipated time period of longer than fourteen (14) days, or any other member of the Department temporarily transferred to backfill the Patrol assignment of personnel on leave of absence.

3. In times of low staffing, the schedule of patrol officers will temporarily transition away from twelve (12) hour shifts, as follows:

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a. For any initial transition from the regular shift described in A(1) to one of the alternate schedules below, the City shall notify APOA of the change a minimum of fourteen (14) days prior to the effective date of schedule change, unless waived through mutual agreement of the APOA and the City.
b. For staffing levels of twelve (12) to fourteen (14) available personnel, members will work four (4) days of ten (10) hour shifts and have three (3) consecutive days off. c. For staffing levels of eleven (11) or fewer available personnel, members will work five (5) days of eight (8) hour shifts and have two (2) consecutive days off. d. During any period of reduced staffing and alternate work schedules, as described in section A(3), the City shall evaluate staffing levels on the first (1st) day of the pay period that falls closest to the 1st day of each calendar month (approximately every four (4) weeks). The City will provide to the APOA, written confirmation of the staffing level as it exists on that day, as well as any changes to staffing levels reasonably anticipated to take place within that calendar month.
e. If, upon the review in (d) above, a schedule change is appropriate based on a change in staffing levels as identified in this Article, the City shall provide notice to APOA and the appropriate schedule change shall become effective two (2) pay periods later, upon the 1st day of the pay period (approximately four (4) weeks later).

B. Sworn Members’ workdays and hours will be subject to modification in the event of emergency or other extenuating circumstances. Any changes to scheduled hours will be subject to Section 9.1.

C. Sworn members who work twelve (12) hour shifts work one (1) eight (8) hour day per pay period. On this day the employee may work twelve (12) hours if desired. Nothing in this section shall prevent the employee from being ordered to work overtime should the need arise.

Section 7.2.2: Public Safety Dispatchers
A. Public Safety Dispatchers shall have two (2) paid break periods of fifteen (15) minutes each, and one (1) unpaid meal period of thirty (30) minutes unless the Public Safety Dispatcher is working on his/her own, in which case the meal period shall be considered an “on-duty” paid meal period pursuant to Labor Code § 226.7, as amended, which shall require completion of an On-Duty Meal Period Agreement.

B. Public Safety Dispatchers have agreed to an alternate work schedule of four (4) days per week and ten (10) hours per day.

C. Public Safety Dispatchers shall be entitled to three (3) days off per work week.

D. Public Safety Dispatchers workdays and hours will be subject to modification in the event of emergency or other extenuating circumstances. Any changes to scheduled hours will be subject to Section 9.1.

E. Due to staffing shortages in Dispatch the parties agree to a temporary work schedule which will include two hours of scheduled overtime per day, in addition to the regular 10-hour workday. The schedule will be as follows:

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a. One dispatcher working 6am to 4pm plus 2 hours of scheduled overtime until 6pm Sun-Wed; another dispatcher working the same hours Wed-Sat.
b. One dispatcher working 6pm to 4am plus 2 hours of scheduled overtime until 6am Sun-Wed; another dispatcher working the same hours Wed-Sat.

F. The Chief of Police can adjust the scheduled hours for the dispatch shifts to begin and end up to two hours later then specified above, after providing the minimum twenty-eight (28) day notice of schedule change.

G. The Parties believe that dispatchers would convert most of the scheduled overtime into comp time, which could be redeemed on the Wednesday overlap days. The parties agree to evaluate how this works out in a practical sense during the month of October 2021 to see if the schedule is effective.

H. In addition, the parties agree to continue exploring a dispatch schedule with 12-hour shifts that meets the needs of the Department and improves working conditions for the dispatchers.

If the City and the Association can come to an agreement, on a schedule different than that described above, it would be implemented on a trial basis for one year to evaluate its effectiveness.

I. If the Chief of Police determines the schedule is not effective at meeting the needs of the department, then dispatch will be returned to the current 10-hour schedule without the scheduled overtime.

J. The parties agree to meet and confer regarding a Public Safety Dispatcher work schedule, and any updates to the language in this section reflecting changes, not less than ninety (90) days after ratification of the MOU.

Section 7.2.3: Community Services Officers
A. Community Service Officers shall have two (2) paid break periods of fifteen (15) minutes each, and one (1) paid meal period of thirty (30) minutes. CSO’s shall be required to remain available for calls during the meal period, similar to patrol officers.

B. Community Services Officers will work an alternate work schedule of four (4) days per week, ten (10) hours per day. Workdays shall be determined by the Chief of Police; however, CSOs will have consecutive days off and at least one of the days off will be a Saturday or Sunday.

C. Community Service Officers shall be entitled to three (3) days off per work week.

D. Community Service Officers workdays and hours will be subject to modification in the event of emergency or other extenuating circumstances. Any changes to scheduled hours will be subject to Section 9.1.

Section 7.2.4: Records Clerks
A. Records Clerks shall have two (2) paid break periods of fifteen (15) minutes each, and one (1) unpaid meal period of one (1) hour.

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B. Records Clerks shall be entitled to two (2) days off per work week.

C. Records Clerks workdays and hours will be subject to modification in the event of emergency or other extenuating circumstances. Any changes to scheduled hours will be subject to Section 9.1.

Section 7.3: Seniority Shift Pick
Members of this bargaining group shall select their shift by seniority within their classification.

ARTICLE 8: MAJOR FRINGE BENEFITS
Section 8.1: Retirement
Section 8.1.1: Safety Members
A. Tier 1
Tier 1 covers Regular status employees determined to be a “Classic Member” under CalPERS guidelines.

1. The City shall provide a retirement program for eligible employees of three percent (3%) at age fifty (50) based upon the Single Highest Year.

2. Effective the pay period following adoption of a Resolution ratifying this MOU by the City Council, employees shall pay an amount equal to twelve percent (12%) of reportable compensation toward the costs of the City’s retirement plan. The City shall pay the remaining cost of the plan as defined by the City’s retirement plan.

B. Tier 2 (PEPRA)
Tier 2 covers Regular status employees hired by the City on or after January 1, 2013, and determined to be a “New Member” under PEPRA and CalPERS guidelines.

1. The City shall provide a retirement program for eligible employees of two-point seven percent (2.7%) at age fifty-seven (57) based upon a three (3) year average final compensation period, and retirement cost of living adjustment which shall be determined by CalPERS.

2. Employees shall pay fifty percent (50%) of the expected total normal cost rate for the benefits that apply to new Safety members on or after January 1, 2013, rounded to the nearest one-quarter of one percent (.25%).

Section 8.1.2: Miscellaneous Members
A. Tier 1

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Tier 1 covers Regular status employees hired by the City for the first time on or before November 24, 2011, and determined to be a “Classic Member” under CalPERS guidelines.

1. The City shall provide a retirement program for eligible employees of three percent (3%) at age sixty (60) based upon the Single Highest Year.

2. Employees and the City shall pay their respective contribution amounts as defined by the City’s retirement plan.

B. Tier 2
Tier 2 covers Regular status employees hired by the City for the first time on or after November 25, 2011, and determined to be a “Classic Member Tier 2” under CalPERS guidelines.

1. The City shall provide a retirement program for eligible employees of two percent (2%) at age sixty (60) based upon a three (3) year average final compensation period, and retirement cost of living adjustment shall be two percent (2%) per year as determined by CalPERS.

2. Employees and the City shall pay their respective contribution amounts as defined by the City’s retirement plan.

C. Tier 3
Tier 3 covers Regular status employees hired by the City on or after January 1, 2013, and determined to be a “New Member” under PEPRA and CalPERS guidelines.

1. The City shall provide a retirement program for eligible employees of two percent (2%) at age sixty-two (62) based upon a three (3) year average final compensation period, and retirement cost of living adjustment which shall be determined by CalPERS.

2. Employees shall pay fifty percent (50%) of the expected total normal cost rate for the benefits that apply to new Unsworn / Miscellaneous members on or after January 1, 2013, rounded to the nearest one-quarter of one percent (.25%).

Section 8.1.3: Use of Sick Leave Credit at Retirement
For all Retirement Tiers, an employee who retires and who has accrued and unused sick leave may have up to a maximum of two thousand (2,000) hours of that sick leave credited as service for purposes of CalPERS retirement.

Section 8.2: Health Care
Health care plans agreed upon by the parties will be administered as follows:

A. Medical, Dental, and Vision Plan:

1. Medical Coverage:

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a. Tier 1
Tier 1 covers Regular status employees hired on or before September 30, 2014, who retired on or before December 31, 2014, and who qualified for medical benefits at the time of retirement. The City shall pay ninety percent (90%) of premiums for the cost of CalPERS coverage for the annuitant and eligible dependents, not to exceed the benchmark premium, which is currently Blue Shield Access + HMO. The City has the right to select the benchmark HMO plan each calendar year, which shall be substantially the same as the existing plan in terms of coverage and providers. The City’s selection shall occur no less than ten (10) days prior to the open enrollment period. The City shall provide notice to annuitants if the benchmark plan is changed from the previous year. The new benchmark plan rates will not take effect until the first of the following year. The eligible annuitant shall pay the remaining ten percent (10%) of the medical premiums for the annuitant and eligible dependents and shall also be responsible for payment of all deductibles, co-payments, and disallowed costs. b. Tier 2
Tier 2 employees are defined as Regular status employees hired on or before February 28, 2015, who retire after March 1, 2015, and who qualify for medical benefits at the time they retire.

For Regular Full Time Employees
While employed, the City shall pay ninety percent (90%) of premiums for the cost of CalPERS coverage for the employee and eligible dependents, not to exceed the benchmark premium, which is currently Blue Shield Access + HMO. The City has the right to select the benchmark HMO plan each calendar year, which shall be substantially the same as the existing plan in terms of coverage and providers. The City’s selection shall occur no less than ten (10) days prior to the open enrollment period. The City shall provide notice to employees if the benchmark plan changes from the previous year. The new benchmark plan rates will not take effect until the first of the following year. The employee shall pay the remaining ten percent (10%) of the medical premiums for the employee and eligible dependents and shall also be responsible for payment of all deductibles, co-payments, and disallowed costs. The employee share shall automatically be deducted from the employee’s payroll check in two (2) equal payments each month.

Upon retiring, the City shall contribute in the following amounts toward the premiums for the cost of CalPERS coverage for the annuitant and eligible spouse only, not to exceed the benchmark premium, which is currently Blue Shield Access + HMO. The City has the right to select the benchmark HMO plan each calendar year, which shall be substantially the same as the existing plan in terms of coverage and providers. The City’s selection shall occur no less than ten (10) days prior to the open enrollment period. The City shall provide notice to annuitants if the benchmark plan changes from the previous year. The new benchmark plan rates will not take effect until the first of the following year. The eligible annuitant shall pay the remaining amount of the medical premiums and shall also be responsible for payment of all deductibles, co-payments, and disallowed costs.

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Safety Members:
0 – 5 Years of service PEMHCA minimum for the annuitant only 6 – 10 Years of service 50% of premium amount for the annuitant only 11 – 14 Years of service 75% of premium amount for annuitant and 50% of premium amount for eligible spouse
Over 14 Years of service 90% of premium amount for annuitant and 75% of premium amount for eligible spouse
Miscellaneous Members:
0 – 5 Years of service PEMHCA minimum for the annuitant only 6 – 10 Years of service 40% of premium amount for the annuitant only 11 – 15 Years of service 60% of premium amount for annuitant and 50% of premium amount for eligible spouse
16 – 19 Years of service 75% of premium amount for annuitant and 65% of premium amount for eligible spouse
Over 20 Years of service 90% of premium amount for annuitant and 75% of premium amount for eligible spouse
The City shall pay any benefit amount over the
PEMHCA minimum amount, as set forth above,
directly to annuitant, at the end of each month.

For Regular Reduced-Hour Employees
While employed, the City shall contribute the following amounts toward the premiums for the cost of CalPERS coverage for the employee and eligible dependents, not to exceed the benchmark premium, which is currently Blue Shield Access + HMO. The City has the right to select the benchmark HMO plan each calendar year, which shall be substantially the same as the existing plan in terms of coverage and providers. The City’s selection shall occur no less than ten (10) days prior to the open enrollment period. The City shall provide notice to employees if the benchmark plan changes from the previous year. The new benchmark plan rates will not take effect until the first of the following year. The employee shall pay the remaining amount of the medical premiums for the employee and eligible dependents and shall also be responsible for payment of all deductibles, co-payments, and disallowed costs. The employee share shall automatically be deducted from the employee’s payroll check in two (2) equal payments each month.
30 – 39 hours per week 75% of full-time benefit
20 – 29 hours per week 50% of full-time benefit
Less than 20 hours per week no contribution
Upon retiring, the City shall contribute in the following amounts toward the premiums for the cost of CalPERS coverage for the annuitant and eligible spouse only, not to exceed the benchmark premium, which is currently Blue Shield Access + HMO. The City has the right to select the benchmark HMO plan each calendar year, which shall be substantially the same as the existing plan in terms of coverage and providers. The City’s selection shall occur no less than ten (10) days prior to the open enrollment period. The City shall provide notice to annuitants if the benchmark plan changes from

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the previous year. The new benchmark plan rates will not take effect until the first of the following year. The new benchmark plan rates will not take effect until the first of the following year. The eligible annuitant shall pay the remaining amount of the medical premiums and shall also be responsible for payment of all deductibles, copayments, and disallowed costs. 0 – 5 Years of service PEMHCA minimum for the annuitant only 6 – 10 Years of service 40% of benefit received by full time annuitants 11 – 15 Years of service 60% of benefit received by full time annuitants 16 – 19 Years of service 75% of benefit received by full time annuitants Over 20 Years of service 90% of benefit received by full time annuitants The City shall pay any amount over the PEMHCA minimum amount, as set forth above, directly to annuitant at the end of each month.
c. Tier 3
Tier 3 employees are defined as Regular status employees hired on or after March 1, 2015, and who qualify for medical benefits at the time they retire.

For Regular Full Time Employees
While employed, the City shall pay seventy percent (70%) toward the premiums for the cost of CalPERS coverage for the employee and eligible dependents, not to exceed the benchmark premium, which is currently Blue Shield Access + HMO. The City has the right to select the benchmark HMO plan each calendar year, which shall be substantially the same as the existing plan in terms of coverage and providers. The City’s selection shall occur no less than ten (10) days prior to the open enrollment period. The City shall provide notice to employees if the benchmark plan changes from the previous year. The new benchmark plan rates will not take effect until the first of the following year. The employee shall pay the remaining amount of the medical premiums for the employee and eligible dependents and shall also be responsible for payment of all deductibles, co-payments, and disallowed costs. Employee share shall automatically be deducted from employee’s payroll check in two (2) equal payments each month.

Upon retiring, for eligible annuitants who elect to participate in the City’s medical insurance, the City shall pay only the PEMHCA minimum toward annuitant only coverage. The eligible annuitant shall pay the remaining amount of the medical premiums and shall also be responsible for payment of all deductibles, co-payments, and disallowed costs.

For Regular Reduced Hour Employees
While employed, the City shall contribute the following amounts toward the premiums for the cost of CalPERS coverage for the employee and eligible dependents, not to exceed the benchmark premium, which is currently Blue Shield Access + HMO. The City has the right to select the benchmark HMO plan each calendar year, which shall be substantially the same as the existing plan in terms of coverage and providers. The City’s selection shall occur no less than ten (10) days prior to the open enrollment

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period. The City shall provide notice to employees if the benchmark plan changes from the previous year. The new benchmark plan rates will not take effect until the first of the following year. The employee shall pay the remaining amount of the medical premiums and shall also be responsible for payment of all deductibles, co-payments, and disallowed costs. Employee share shall automatically be deducted from employee’s payroll check in two (2) equal payments each month. 30 – 39 hours per week 75% of full-time benefit
20 – 29 hours per week 50% of full-time benefit
Less than 20 hours per week no contribution
Upon retiring, for eligible annuitants who elect to participate in the City’s medical insurance, the City shall pay only the PEMHCA minimum toward annuitant only coverage. The eligible annuitant shall pay the remaining amount of the medical premiums and shall also be responsible for payment of all deductibles, co-payments, and disallowed costs.
d. In-Lieu Payments: Employees who are eligible to enroll in the City’s medical coverage and who present proof of qualifying alternative health care coverage, and who deny coverage or elect to enroll in medical coverage through another employer such as the employee’s spouse, registered domestic partner, or parent are eligible for medical inlieu payments. In-lieu payments for medical coverage only shall be $300 per pay period.

2. Dental Coverage:
a. Tier 1
Tier 1 covers Regular Full-Time employees hired on or before February 28, 2015.

While employed, the City shall pay all premium costs of coverage for the employee and eligible dependents. Employees shall pay all deductibles, co-payments, and disallowed costs.

Upon retiring, annuitants and eligible dependents may elect to remain on the City’s dental coverage plan, but the annuitants will be responsible for paying the full amount of the monthly premium amounts, which are established by the City’s provider, as well as all deductibles, co-payments, and disallowed costs. Said amounts are subject to change annually. The City shall bill annuitants who elect to continue coverage on a monthly basis for the full amount of the monthly premiums. Non-payment will result in disenrollment of the annuitant and eligible dependents without the option to re-enroll. b. Tier 2
Tier 2 covers Regular Full-Time employees hired after March 1, 2015.

While employed, employees shall participate in the City’s dental coverage plan.

Eligible dependents are permitted to participate in the City’s dental coverage plan, but are responsible for paying the monthly premium amounts, which are established by the City’s provider, as well as all deductibles, co-payments, and disallowed costs. The

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employee share shall automatically be deducted from the employee’s payroll check in two (2) equal payments each month. Said amounts are subject to change annually.

The current monthly premium amounts which employees are required to pay are as follows:

Employee only $0
One dependent $48
Two or more dependents $111
Upon retiring, annuitants and eligible dependents may elect to remain on the City’s dental coverage plan for the period established by COBRA, but the annuitants will be responsible for paying the full amount of the monthly premium amounts for annuitants and eligible dependents, which are established by the City’s provider, as well as all deductibles, co-payments, and disallowed costs. Said amounts are subject to change annually. The City shall bill annuitants who elect to continue coverage on a monthly basis for the full amount of the monthly premiums. Non-payment will result in disenrollment of the annuitant and eligible dependents without the option to re-enroll.

Upon expiration of the COBRA period, coverage for annuitant and dependent(s) shall be discontinued.

3. Vision Coverage:
a. Tier 1
Tier 1 covers Regular Full-Time employees hired on or before February 28, 2015.

While employed, the City shall pay all premium costs of coverage for the employee and eligible dependents. Employees shall pay all deductibles, co-payments, and disallowed costs.

Upon retiring, annuitants and eligible dependents may elect to remain on the City’s vision coverage plan, but the annuitants will be responsible for paying the full amount of the monthly premium amounts, which are established by the City’s provider, as well as all deductibles, co-payments, and disallowed costs. The City shall bill annuitants who elect to continue coverage on a monthly basis for the full amount of the monthly premiums. Non-payment will result in disenrollment of the annuitant and eligible dependents without the option to re-enroll. b. Tier 2
Tier 2 covers Regular Full-Time employees hired on or after March 1, 2015.

While employed, employees shall participate in the City’s Vision Plan. Eligible dependents are permitted to participate in the City’s vision coverage plan, but are responsible for paying the monthly premium amounts, which are established by the City’s provider, as well as all deductibles, co-payments, and disallowed costs.

The employee share shall automatically be deducted from the employee’s payroll check in two (2) equal payments each month. Said amounts are subject to change annually. The current monthly premium amounts which employees are required to pay are as follows:

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Employee only $0
One dependent $24
Two or more dependents $58
Upon retiring, annuitants and eligible dependents may elect to remain on the City’s vision coverage plan for the period established by COBRA, but the annuitants will be responsible for paying the full amount of the monthly premium amounts for annuitants and eligible dependents, which are established by the City’s provider, as well as all deductibles, co-payments, and disallowed costs. Said amounts are subject to change annually. The City shall bill annuitants who elect to continue coverage on a monthly basis for the full amount of the monthly premiums. Nonpayment will result in disenrollment of the annuitant and eligible dependents without the option to re-enroll. Upon expiration of the COBRA period, coverage for annuitant and dependent(s) shall be discontinued.

B. Life Insurance and Accidental Death and Dismemberment Plan:

Effective December 1, 1993, Regular Full-Time and Reduced-Hour (30 hour minimum) employees will receive life insurance and accidental death and dismemberment benefit (if applicable) equal to the employee's annual salary, rounded to the next highest One Thousand Dollars ($1,000). The life insurance policy shall only be in effect while the employee is employed by the City. While employed, the City shall pay all premium costs of coverage.

Section 8.3: Vacation
A. General Rules

1. Regular Full-Time employees and Reduced Hour Employees who are scheduled to work a minimum of thirty (30) hours per week as set forth on their Personnel Action Form begin to accrue vacation on the date of hire but may not use vacation until the employee completes six (6) months of continuous service.

2. Employees may only use vacation after it has accrued.

3. Vacation accruals may be accumulated to a total of not more than twice the annual accrual at any given time. Employees who reach their maximum balance of accrued vacation may continue to accrue hours beyond their maximum if they can show good cause as to why they are at their maximum. For example, they have tried to take vacation(s), but they were denied due to staffing issues. For purposes of this section, the City Manager, at his or her sole discretion, may approve vacation overage cash out and/or may set time limits on cash out as well as accrual overages over the maximum allowed.

4. Requests to use vacation time shall be submitted to the employee’s Supervisor as far in advance as possible, with a minimum of ten (10) days’ notice.

5. Vacation requests shall be evaluated and granted based on the date of submittal. If more than one (1) employee requests vacation during the same time period, the vacation requests shall be granted on the basis of seniority, provided the request has not already been approved to the person of lower seniority. A supervisor shall provide a response to the vacation request within ten (10) days of submission.

6. The accrual of vacation time shall cease when an employee runs out of accrued vacation and sick leave and is not available for work.

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7. Employees are not eligible to accrue vacation if they are not actively working or using Citypaid leaves (e.g., when the employee is on leave with other wage replacement sources such as workers’ compensation, short-term disability, or when they are in a voluntarily unpaid leave status but still have vacation/sick time accruals on record). Notwithstanding the above, employees on 4850 leave will continue to accrue vacation time.

8. An employee who terminates employment, retires or is laid off, and who has accrued and unused vacation time shall be paid for that vacation time at the employee’s current hourly rate at the time of termination of employment, retirement or layoff.

B. Accrual Rates
There are of 24 pay periods during each calendar year for purposes of computing accruals.

Eligible Regular employees accrue vacation during each qualifying pay period at the rates set forth in this Section. A qualifying pay period is one in which the Regular employee draws pay in a normal pay period for a minimum of one-half (1/2) of the hours he/she is designated to work on a weekly basis on his/her Personnel Action form.

Regular Full-Time employees accrue vacation at the following rates (except when the employee does not have sufficient accruals and actual hours worked equal less than 40 hours per work week. When less than 40 work hours are reported, accruals shall be based on reduced hour positions accrual rate following this section):

Date of Hire - Year 4 3.33 hours per qualifying pay period Years 5 – 9 5 hours per qualifying pay period
Years 10 and up 6.67 hours per qualifying pay period
Employees holding Reduced Hour Positions accrue vacation at reduced rates depending on the number of hours they are designated to work on a weekly basis on their Personnel Action forms using the following parameters:
30-39 hours per week 75% of the Regular Full-Time Employee accrual rate 20-29 hours per week 0% of the Regular Full-Time Employee accrual rate 10-19 hours per week 0% of the Regular Full-Time Employee accrual rate Section 8.4: Holidays
A. General Rules

1. Regular Full-Time employees and Reduced Hour Employees who are scheduled to work a minimum of thirty (30) hours per week as set forth on their Personnel Action Form shall be paid for holidays as set forth in this Section.

2. A holiday falling within a vacation period shall not constitute a vacation day.

3. A holiday occurring while an employee is on sick leave shall not count against the employee's sick leave credits.

4. When a holiday falls on a Saturday, the holiday shall be observed the previous Friday.

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5. If Christmas and New Year's Day fall on a Saturday, they will be observed the previous Friday and December 24th and December 31st will be observed on the previous Thursday.

Likewise, if Christmas and New Year’s Day fall on a Sunday, they will be observed the following Monday and December 24th and December 31st will be observed the previous Friday.

6. When a holiday falls on a Sunday, it will be observed on the following Monday.

7. Non-Shift workers who work on a City observed holiday will be entitled to one and onehalf (1½) times the employee’s normal rate of pay for actual hours worked on the holiday.

8. Shift workers, which includes sworn patrol and dispatchers are not subject to any of the provisions related to holidays. Instead, each pay period Shift workers earn a pro-rata portion of an annual formulated amount of holiday pay. The annual total is 168 hours per year which represents 14 holidays at 12 hours per day. Holiday pay hours shall be paid over 24 pay periods. Holiday pay shall be reported to CalPERS (statutory reporting) in the pay period earned.

Those sworn employees assigned to special assignments will receive holiday pay for fourteen (14) holidays at ten (10) hours each for detectives or other units working ten (10) hour shifts; or holiday pay for fourteen (14) holidays at eight (8) hours each for SRO or other units working eight (8) hour shifts.

Should the schedule of these assignments be changed during the term of the agreement, to increase the daily hours worked for the employee, the holiday hours will be increased accordingly. For example, if an SRO is scheduled to work 12 hour shifts during the Summer, then the holiday hours earned during the Summer will be at the twelve (12) hour per holiday rate.

Should the Police Chief declare an emergency change in the hours worked per day which would lessen the amount of hours worked per day, the employee will continue to receive the holiday hours as defined above.

9. Employees who are out of work and are receiving Short Term Disability or Workers’ Compensation benefits are not entitled to Holiday pay.

B. Observed Holidays. The City observes the following holidays:

New Year's Day
Martin Luther King's Day
President's Birthday
Memorial Day
June 19th (Juneteenth National Independence Day)
July 4th (Independence Day)
Labor Day
November 11th (Veteran's Day)
Thanksgiving Day
The day after Thanksgiving Day
The day before Christmas

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Christmas Day
The day before New Year's Day
**Any holiday in the list above that is removed from the list of observed federal holidays shall also automatically be simultaneously removed from the City’s Observed Holidays, and from the total number of observed holidays in the in-lieu formula. This is limited to a maximum of one holiday being removed.

C. Floating Holiday: On each July 1, employees shall be entitled to one (1) floating holiday, which shall be used by June 30 of the following year. There will be no carryover of the floating holiday from year to year.

Section 8.5: Sick Leave
A. General Rules

1. Employees who work a minimum of thirty (30) days per year begin to accrue sick leave on the date of hire but may not use sick leave until the employee completes ninety (90) days of continuous service. However, an employee may request permission from the City Manager to use sick leave prior to completing ninety (90) days of continuous service in the event of a bona fide illness. Requests for early use of sick leave may be grated in the City Manager’s sole discretion.

2. Employees may only use sick leave after it has accrued.

3. There is no cap on the amount of accrued sick leave that Regular employees may use per year.

4. Sick leave shall only be used for illness-related purposes, including, diagnosis, care or treatment of an existing health condition or preventative care, for the employee or an employee’s family member (defined to include those identified in Section 8.6(B)). Sick leave may also be used by an employee who is a victim of domestic violence, sexual assault or stalking, and for other purposes required by law. Sick leave shall not be used by employees to take vacation.

5. Employees shall use sick leave in increments of a minimum of one-quarter (1/4) hour.

6. An employee who knows that he/she will need to be absent from his/her regular duties or responsibilities in advance of the date on which the leave is to be taken shall notify his/her Supervisor as soon as the employee becomes aware of the need for leave. When the need to use sick leave is not foreseeable, the employee shall notify his/her Supervisor as soon as practicable. In all cases, the employee must complete a Personnel Action Form (PAF).

7. A Regular employee who retires or is laid off, and who has accrued and unused sick leave shall be paid for that sick leave up to a maximum of three-hundred forty (340) hours for Miscellaneous Members and five hundred (500) hours for Safety Members at the employee’s current hourly rate at the time of retirement or layoff. Termination or voluntary separation prior to a qualified CalPERS retirement date does not qualify for paid sick leave under this section.

8. An employee who retires and who has accrued and unused sick leave may have up to a maximum of two thousand (2,000) hours of that sick leave credited as service for purposes of CalPERS retirement. Any sick leave utilized for service credit is not subject to pay out at separation, but any sick leave that remains after the conversion to service credit shall be subject to pay out as described above.

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B. Accrual Rates
There are twenty-four (24) pay periods during each calendar year. Eligible employees accrue paid sick leave during each pay period in which the employee performs any service at the rates set forth in this Section.

1. Regular Full-Time Employees – Regular Full-Time employees accrue paid sick leave at the rate of one (1) hour of paid sick leave for every twenty (20) hours worked in a pay period, up to eighty (80) hours worked in a pay period. Employees who work eighty-one (81) to one hundred twenty (120) hours in a pay period do not earn additional paid sick leave. Employees who work more than one hundred twenty (120) hours in pay period earn an additional one (1) hour of paid sick leave for every thirty (30) hours worked above the one hundred twenty (120) hours in the pay period. The paid sick leave accrual schedule for Regular Full-Time employees is illustrated in the following chart:

Hours Worked Per
Pay Period
Hours of Sick Leave Accrued Per Pay Period
1-20 hours worked 1 hour accrued
21-40 hours worked 2 hours accrued
41-60 hours worked 3 hours accrued
61-80 hours worked 4 hours accrued
120-plus hours
worked
1 additional hour is accrued for every 30 hours worked
over 120; e.g., 5 hours total will be accrued after 150 hours worked

2. All Other Employees covered under this MOU – All employees other than Regular FullTime employees accrue paid sick leave at the rates shown in the following chart:

Hours Worked Per Pay
Period
Hours of Sick Leave Accrued Per Pay Period
1-26 hours worked 1 hour accrued
27-52 hours worked 2 hours accrued
53-78 hours worked 3 hours accrued
79-plus hours worked 1 additional hour for every 30 hours worked over 79; e.g., 4 hours total will accrue after 109 hours worked
Section 8.6: Bereavement Leave
A. General Rules

1. Regular Full-Time employees and Reduced Hour Employees who are scheduled to work a minimum of thirty (30) hours per week as set forth on their Personnel Action Form are eligible for up to a maximum of three (3) work shifts of paid bereavement leave per incident following the death of a covered relative. For out of state funerals, up to an additional two (2) work shifts of paid bereavement leave per incident may be granted by the City Manager in his/her sole discretion. In addition to the above, employees may elect to take up to an additional two (2) days off using accumulated vacation, holiday or CTO.

2. Department Directors and the City Manager may require evidence of the death of a covered relative prior to approving bereavement leave.

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B. Covered relatives include an employee’s:

Spouse Grandparent
Domestic Partner Grandparent-in-law
Father Grandchild
Mother Nephew
Father-in-law Niece
Mother-in-law Spouse of Nephew or Niece
Child Uncle
Stepchild Aunt
Foster child First Cousin
Sibling Other close relative who resided with the employee Spouse of Sibling at the time of death
Sibling of Spouse
Section 8.7: Short Term Disability
A. This Section applies to all Full-Time employees and Reduced Hour Employees who are scheduled to work a minimum of thirty (30) hours per week as set forth on their Personnel Action Form. This Section applies to all Disabilities, other than those which constitute Workers’ Compensation Disabilities.

B. An employee who suffers a Disability while employed by the City will be paid by the City at the rate of sixty-six and two-thirds percent (66.67%) of his/her regular hourly rate for a maximum of six (6) months (“Short Term Disability”).

C. All leave associated with an employee’s approved application for Short-Term Disability Benefits shall be designated leave under the Family Medical Leave Act (“FMLA”) and California Family Rights Act (“CFRA”) and counted against the amount of FMLA/CFRA leave the employee has available to use in the applicable 12-month period.

D. An employee eligible for Short Term Disability may utilize accrued time off to supplement the amount they receive so the employee will earn a full check.

E. The City’s Short-Term Disability Plan becomes effective after a fourteen (14) calendar day elimination period has elapsed from the last day worked.

In addition, the following tiers have been established for disability cost-sharing premiums:

1. Tier 1
Tier 1 covers Regular Full Time and Reduced-Hour (30 hour minimum) active employees hired on or before September 30, 2014.

While employed, the City shall pay all premium costs of coverage.

2. Tier 2
Tier 2 covers Regular Full Time and Reduced-Hour (30 hour minimum) active employees hired after September 30, 2014.

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While employed, employees may participate in the City’s Short-Term Disability Plan, and shall be responsible for paying one-half (50%) of the monthly premium amounts, which are established by the City’s provider, and which shall be taken in the form of a payroll deduction on a bi-monthly basis.

F. The City may elect to self-fund or utilize insurance to fund the Short-Term Disability Plan described herein.

G. The City shall maintain medical, dental, and vision coverage according to the terms of Section

8.2 for the employee and eligible dependents for a maximum of six (6) months provided that the employee continues to pay the amounts designated to be paid by the employee as set forth in Section 8.2.

H. The accrual of vacation time and sick leave time shall cease when an employee runs out of accrued vacation and sick leave and is not available for work.

Section 8.8: Catastrophic Leave
All requests under this Section shall be considered and approved on a case-by-case basis in the sole discretion of the City Manager. “Catastrophic Leave” is paid leave donated to an employee where the employee or the employee’s direct family member, as defined herein, has suffered a major non-job related physical or mental illness, injury or disability and the employee has exhausted or is about to exhaust all accrued leaves and is not receiving compensation from any other sources (i.e., workers’ compensation or disability). In such circumstances, an employee may be entitled to receive and use the accrued vacation, sick and/or compensatory leave time earned by another employee to extend the employee’s ability to take paid leave. For purposes of this Section, the term “direct family member” shall include the employee’s: spouse, child, father, mother, stepfather, stepmother, father-in-law, mother-in-law, brother, sister, grandparent, grandchild, or foster child. Both the donor and the recipient must be non-probationary, Regular, Full-time employees. Catastrophic Leave requests shall conform to the following criteria:

A. Requests for donation of accrued vacation, sick, and/or compensatory leave time shall be processed in accordance with procedures specified by the City Manager.

B. All donations shall be voluntary. Donated leave time shall not exceed more than twenty-five percent (25%) of the donor’s accrued vacation, sick, and/or compensatory leave time totals at the time of the request.

C. All donations shall be made in whole hour increments.

D. All donations, once approved, shall be unconditional and irrevocable.

E. Once a donation request has been granted, all time utilized shall be deducted from the donor’s account on an as-needed basis, per pay period, and shall thereafter be treated the same as though it had been earned by the recipient.

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ARTICLE 9: OTHER COMPENSATION
Section 9.1: Overtime Work
A. It is the City’s policy to minimize the use of overtime. If an employee’s Supervisor determines overtime work by the employee is necessary, he/she may allow overtime to be worked.

B. Scheduling overtime shall be based on seniority. The seniority list of employees will be revolving such that if a senior member accepts overtime, he/she will go to the bottom of the list, but if he/she declines overtime, he/she shall remain at top of list.

C. When the City knows in advance that overtime work will be required, it will give as much advance notice as possible to affected employees. The Parties recognize that advance notice may not be possible in the case of an emergency.

D. The City shall not change work schedules to avoid the payment of overtime.

Section 9.1.1: Calculation of Overtime
A. Safety Members

1. Tier 1. Tier 1 covers Safety Members hired before March 1, 2015.

Overtime shall be computed based upon FLSA standards using a fourteen (14) day “work period” pursuant to Section 7K of the FLSA, with overtime to be paid for all hours worked over eighty (80) in the work period.

The following shall be counted as hours worked for purposes of computing overtime:
holidays, vacation time, sick time and Compensatory Time Off.

2. Tier 2. Tier 2 covers Safety Members hired on or after March 1, 2015.

The following shall not be counted as hours worked for purposes of computing overtime:
holidays, vacation time, sick time and Compensatory Time Off.

B. Miscellaneous Members.

1. Tier 1. Tier 1 covers Miscellaneous Members hired before March 1, 2015.

Overtime shall be computed based upon FLSA standards, with overtime to be paid for all hours worked over forty (40) in a work week.

The following shall be counted as hours worked for purposes of computing overtime:
vacation time and Compensatory Time Off.

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2. Tier 2. Tier 2 covers Miscellaneous Members hired on or after March 1, 2015.

Overtime shall be computed based upon FLSA standards, with overtime to be paid for all hours worked over forty (40) in a work week.

The following shall not be counted as hours worked for purposes of computing overtime:
holidays, vacation time, sick time and Compensatory Time Off.

Section 9.1.2: Compensatory Time Off
A. Sworn Personnel
In the event that equivalent time off is given to an employee in lieu of overtime pay (“Compensatory Time Off”), the maximum amount of Compensatory Time Off in lieu of overtime pay an employee is permitted to accumulate at any one time shall be one hundred and twenty (120) hours. Employees must be paid for any overtime in excess of one hundred and twenty (120) hours of accumulated Compensatory Time Off.

Employees may elect to be paid for up to eighty (80) hours of accumulated Compensatory Time Off in June and for up to another eighty (80) hours in December of each year.

B. Non-Sworn Personnel
In the event that equivalent time off is given to an employee in lieu of overtime pay (“Compensatory Time Off”), the maximum amount of Compensatory Time Off in lieu of overtime pay an employee is permitted to accumulate at any one time shall be eighty (80) hours. Employees must be paid for any overtime in excess of eighty (80) hours of accumulated Compensatory Time Off.

Employees may elect to be paid for up to sixty (60) hours of accumulated Compensatory Time Off in June and for up to another sixty (60) hours in December of each year.

C. In the event that an employee’s employment terminates, the employee takes a leave of absence, retires or the employee is laid off, and the employee has accumulated Compensatory Time Off, the employee shall be paid for the accumulated Compensatory Time Off at the employee’s regular rate of pay.

Section 9.2: Standby Pay
A. Employees on standby shall receive compensation at the rate of One Hundred Dollars ($175) per week.

B. In the event of a call back, employees on standby will be expected to reach the appropriate work site as soon as reasonably possible but not later than sixty (60) minutes after the time in which the employee is notified of the need to return to work.

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Section 9.3: Call Backs
Section 9.3.1: Call Back Pay
“Call Back Pay” is the pay the employee receives for all time worked, or for the time in which the employee has reported back to work after the employee, having completed his/her last regularly scheduled shift, left the work location and is requested to report back to work.

All Call Back Pay shall be paid at the employee’s regular hourly rate, unless the employee qualifies for overtime pay in accordance with Section 9.1, in which case the overtime rate shall be computed in accordance with the FLSA.

Section 9.3.2: Call Backs for Court Appearances
Safety Members who are called back to work for a court appearance shall be paid for a minimum of four (4) hours, regardless of the actual amount of time spent working. The four (4) hour minimum shall include time spent travel to any court site within Merced County, up to a maximum of sixty minutes (60) for round trip travel (thirty (30) minutes each direction). The four (4) hour minimum shall include time spent travel to any court site outside of Merced County on an hour for hour basis, rounded up to the nearest quarter (1/4) hour.

Safety Members’ timecards shall designate the actual amount of time spent on the call back for a court appearance so the City can compute overtime based upon the actual time worked in accordance with Sections 9.1 and 9.3.1.

Section 9.3.3: Call Backs for Any Reason Other than Court Appearances An employee called back to work for any reason other than a court appearance shall be paid for a minimum of two (2) hours, regardless of the actual amount of time spent working.

Employees’ timecards shall designate the actual amount of time spent on the call back so the City can compute overtime based upon the actual time worked in accordance with Sections 9.1 and

9.3.1. Section 9.4: On the Job Injury
A. All employees shall immediately report any and all injuries that occur while at work to their Department Director, contact the Nurse’s hotline, record the injury in the Injury Log, and complete all paperwork required by law (i.e., DWC-1), regardless of how minor you believe the injury to be. Employees who are not physically able to complete the foregoing shall notify their Supervisor so he/she can do so.

B. Employees in this PD Unit shall be entitled to Worker's Compensation benefits mandated by the State of California Labor Code, including any legally binding change in those benefits which the State of California may adopt during the term of this MOU.

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C. Employees absent from work as a result of an industrial injury may use accumulated sick leave, vacation time and/or Compensatory Time Off to supplement Workers’ Compensation benefits up to the full amount of the employee’s regular rate of pay. Employees can also use their floating holiday to receive compensation during the three (3) day waiting period.

D. Medical examinations and/or fitness for duty examinations for all employees may be required in the sole discretion of the City Manager before an employee returns to work following an injury. If required, the cost of such examination shall be paid by the City.

Section 9.5: Jury Duty and Witness Duty Unrelated to Employment A. An employee who receives a summons to appear for jury duty or to serve as a witness in a case that is unrelated to his/her employment with the City shall promptly provide his/her Supervisor with a copy of the summons.

B. An employee summoned for attendance by any court for jury duty during his/her normal working hours shall receive compensation for the time spent while appearing for jury duty at their normal hourly rate of pay, but the time the employee spends at jury duty shall not count as time worked for the purposes of computing overtime. Employees who receive compensation for jury service shall remit that compensation to the City.

C. An employee summoned for attendance by any court as a witness during his/her normal working hours shall not receive compensation from the City but may elect to use accrued time off.

D. An employee summoned for appearance at jury duty or as a witness shall report to work before and/or after the schedule appearance. Employees are expected to notify his/her supervisor immediately upon being released from jury service, and those released from such service may request use of vacation time rather than returning to work.

Section 9.6: Mileage Allowance
An employee required to keep a private automobile for use in carrying out his/her official duties as a City employee, as well as an employee who is occasionally required to use a private automobile in the execution of his/her official duties as a City employee, shall be reimbursed by the City at the Standard Mileage Rate that is published by the IRS. Employees acknowledge that different rates are established by the IRS for use of personal vehicles when a City vehicle is available.

Prior authorization for use of a private automobile must be obtained from the employee’s Department Director.

Employees who seek to use their own vehicle in lieu of an assigned City-owned vehicle must comply with the City’s Vehicle Policy.

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Section 9.7: Uniform and Safety Equipment
A. Employees shall not receive an allowance for uniforms or safety equipment. Instead, the City shall supply, replace, and maintain uniforms and safety equipment required by the City.

Uniform benefits are not PERSable as special compensation.

B. Detectives shall receive reimbursement, up to a maximum of Three Hundred Dollars ($300.00) per calendar year for a maximum of three (3) dress shirts and one (1) pair of dress pants to be worn while on duty. An employee may receive this reimbursement by producing copies of receipts for the clothing to the Administrative Manager within thirty (30) days of purchase.

C. City shall provide prescription lenses as needed for respiration masks and safety goggles.

D. For Safety Members, City shall provide a maximum of two (2) pairs of safety boots, as needed, during each calendar year.

Section 9.8: Educational Incentive
Safety Members in the ranks of Police Officer (including the Officer assigned as Detective) and Police Sergeant who meet the qualifications set forth below shall have an educational incentive payment added to their base salaries as follows:

A. Two and one-half percent (2.5%) of the employee’s base pay for employees who possess either: (1) an Associate Degree; or (2) a POST Intermediate Certificate. This educational incentive shall apply on the first day of the first pay period after the Safety Member has completed one (1) full year of employment with the Atwater Police Department.

B. Five percent (5%) of the employee’s base pay for employees who possess either: (1) a Bachelor of Arts Degree or Bachelor of Science Degree; or (2) a POST Advanced Certificate.

This educational incentive shall apply on the first day of the first pay period after the Safety Member has completed one (1) full year of employment with the Atwater Police Department.

Employees shall only qualify for one (1) of the foregoing Educational Incentives. Educational Incentives are PERSable as special compensation.

This section is not applicable to incumbents in Police Officer classifications during the Initial Probationary Period as defined in Article 5, Section 5.2.

Section 9.9: Special Assignment Pay
Section 9.9.1:

Employees may be assigned to one or more of the Special Assignment categories outlined in sections A-K of Section 9.9.6 of this MOU, after undergoing a competitive process and upon the recommendation of the Police Chief and approval of the City Manager in his/her sole discretion.

Employees selected for Special Assignments will receive Special Assignment pay as set forth in Section 9.9.6 provided the employee performs the duties of the Special Assignment at least 50% of his/her time in the applicable pay period. An employee may receive Special Assignment pay

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for a maximum of two (2) categories, regardless of the number of assignments the employee actually occupies.

Section 9.9.2:

Unless otherwise set forth in this Section, Special Assignments shall be for an initial period of three (3) years. However, the Police Chief, may, in his or her discretion, extend any initial Special Assignment prior to its expiration for a period not to exceed two years (5 years total) upon approval by the City Manager.

Section 9.9.3:

A break from work or suspension of a Special Assignment for any reason or length whatsoever, does not extend the Special Assignment period. Notwithstanding the foregoing, an employee who is removed temporarily from a Special Assignment and assigned back to patrol duty due to a staffing shortage, shall have the option of returning to his/her Special Assignment when he/she is released from patrol duty, and the length of his/her Special Assignment period shall be extended for a period equal to the length of time the employee spent on patrol duty.

Section 9.9.4:

If an employee is assigned to receive Special Assignment pay in one category, and he or she is subsequently assigned to another Special Assignment that is deemed an Incompatible Assignment, the Employee shall vacate the previous Special Assignment, and a new term will start for the new assignment. Incompatible Assignments are two assignments that cannot be performed at the same time. Incompatible Assignments are determined by the Chief of Police.

Section 9.9.5:

An employee whose Special Assignment term has expired, been vacated or who has been removed from the Special Assignment for any reason under Section 12.2 of this MOU, may apply to renew his or her Special Assignment. However, any such employee shall be required to go through the competitive process, as determined by the Police Chief, prior to renewal. However, employees who have been temporarily assigned to patrol duty as set forth in Section 9.9.3 shall not be required to go through the competitive process in order to return to their Special Assignment. Special Assignments may be renewed for an additional three (3) to five (5) year terms based upon the recommendation of the Chief of Police and approval of the City Manager, in his/her sole discretion.

If an employee is not regularly assigned to one of the Special Assignment positions (defined as performing the duties more than 50% of the time in a pay period) but has been assigned to Special Assignment duties on an ad hoc or intermittent basis, he or she shall receive Special Assignment pay on an hour for hour basis, for all hours spent performing the Special Assignment duties. In order for an employee to be eligible to receive Special Assignment pay on an hour for hour basis, he or she must have completed the competitive process and been placed on the eligibility list for that Special Assignment.

Notwithstanding any other provision of Section 9.9.5, if an employee is out of work for any reason whatsoever, including but not limited to a non-industrial or industrial injury, for more than one (1)

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pay period, the employee’s Special Assignment pay shall be suspended effective the beginning of the pay period following the last day the employee worked. Notwithstanding the foregoing, should an employee take vacation during a Special Assignment for a period of two weeks or less, he or she shall continue to receive Special Assignment pay for the two-week period. Should an employee take vacation in excess of two weeks, he or she shall continue to receive Special Assignment Pay for the period in excess of two weeks, unless another employee has been assigned to temporarily fill the employee’s Special Assignment position and is receiving Special Assignment pay. Unless otherwise set forth in this section, Special Assignment pay shall be reinstated the first pay period following the return of the employee to work provided that the employee is cleared to, and actually does, perform the Special Assignment.

Section 9.9.6:

Police Officer and/or Dispatcher classifications during the Initial Probationary Period as defined in Article 5, Section 5.2 are not eligible for special assignments. Special Assignments are as follows:

A. Gang and Narcotics Agent - The employee(s) assigned to serve as a Gang and Narcotics Agent shall receive Special Assignment pay equal to five percent (5%) of the employee’s base hourly rate during the time in which s/he is assigned to the Special Assignment, or, if performing said duties and responsibilities on an ad hoc or intermittent basis, for the hours in which those duties were performed. Appointments to this assignment are contingent upon approval by MAGNET Committee of Chiefs. Pay under this category is not considered special compensation and is therefore not PERSable.

B. Detective - The employee(s) assigned to serve as a Detective shall receive Special Assignment pay equal to five percent (5%) of the employee’s base hourly rate during the time in which s/he is assigned to the Special Assignment, or, if performing said duties and responsibilities on an ad hoc or intermittent basis, for the hours in which those duties were performed. Pay under this category is considered special compensation and is PERSable.

C. School Resource Officer - The employee(s) assigned to serve as a School Resource Officer shall receive Special Assignment pay equal to five percent (5%) of the employee’s base hourly rate for the hours which s/he performs said duties and responsibilities. School assignments are subject to location change(s) in the sole discretion of the Police Chief. In the event any School Resource Officer agreement is not renewed by the School District, said assignment(s) will be automatically terminated. Pay under this category is considered special compensation and is PERSable.

D. Street Crime Officer - The employee(s) assigned to serve as a Street Crime Officer shall receive Special Assignment pay equal to five percent (5%) of the employee’s base hourly rate during the time in which s/he is assigned to the Special Assignment, or, if performing said duties and responsibilities on an ad hoc or intermittent basis, for the hours in which those duties were performed. Pay under this category is not considered special compensation and is therefore not PERSable.

E. K-9 Officer - The employee(s) assigned to serve as K-9 Officer shall receive an additional payment of thirty (30) minutes per day (for a total of seven (7) hours per pay period) at the employee’s regular base hourly rate during the time in which s/he is assigned to serve as KPage 327 of 667 APOA Memorandum of Understanding Page 39
9 Officer and the K-9 is actually placed with the Officer. The purpose of this payment is to compensate the K-9 Officer for performing duties related to caring for his/her assigned K-9 for the benefit of the Police Department. If any or all of the additional seven (7) hours per pay period for which the K-9 Officer is paid for performing K-9 duties causes the Officer to work overtime pursuant to FLSA, the K-9 Officer shall be paid overtime for that portion which qualifies as overtime in accordance with FLSA. Overtime shall be computed based upon FLSA standards using a fourteen (14) day “work period” pursuant to Section 7K of the FLSA, with overtime to be paid for all hours worked over eghty-six (86) in the work period.

The following shall not be counted as hours worked for purposes of computing overtime:
holidays, vacation time, sick time, and Compensatory Time Off.

Pay under this category is not considered special compensation and is therefore not PERSable.

Assignment as a K-9 handler is exempt from any assignment duration timelines and will be adjusted based on the service life of the K-9. A K-9 handler may voluntarily resign from the K9 program in order to promote or be assigned to detectives. On a case-by-case basis, as determined by the Chief of Police, a K-9 handler may retain the K-9 even if assigned to detectives or promoted to sergeant.

F. Field Training Officer - The employee(s) assigned to serve as a Field Training Officer (“FTO”) shall receive Special Assignment pay equal to five percent (5%) of the employee’s base hourly rate. during the time in which s/he is performing FTO duties and responsibilities on an ad hoc or intermittent basis, for the hours in which those duties were performed. Pay under this category is considered special compensation and is PERSable.

G. Public Safety Dispatcher Training Officer - When a Public Safety Dispatcher is assigned as the Public Safety Dispatcher Training Officer (“PSDTO”), s/he shall receive Special Assignment pay equal to five percent (5%) of the employee’s base hourly rate. during the time in which s/he is performing PSDTO duties and responsibilities on an ad hoc or intermittent basis, for the hours in which those duties were performed.

H. All training shall be consistent with guidelines established for existing Field Training Officers (“FTO”) and shall be conducted pursuant to the approved PSDTO manual. Pay under this category is considered special compensation and is PERSable.

I. Bilingual Pay - Employees in the Police Department Unit who are fluent in Spanish, or any other language (other than English) deemed to be necessary by the City Manager for conducting City business, may be selected, to serve as the City's interpreter(s) provided that the employee is performing said duties and responsibilities. The City Manager reserves the right to revoke this selection and discontinue the employee’s service as the City’s interpreter at any time in his/her sole discretion. The City’s interpreter(s) shall be paid as follows (“Bilingual Pay”): Conversational verbal skills $125 per month.

Eligibility to serve as a City interpreter shall be determined by successfully passing the interpreter’s oral test facilitated by the Human Resources Department.

Pay under this category is considered special compensation and is PERSable.

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J. Additional Duty - Except as provided in the subsections A – J of this Section, when an employee is assigned by a Supervisor to perform duties in addition to those that fall within the employee’s job description, the employee shall receive a salary increase of up to ten percent (10%) during the pay period that the employee is actually performing the additional duties on an hour-by-hour basis. The actual amount of the salary increase shall be based upon the quantity and quality of the additional duties being performed, as determined in the sole discretion of the City Manager. Pay under this category is not considered special compensation and is therefore not PERSable.

K. Detective Sergeant - The Police Sergeant assigned to serve as Police Detective Sergeant shall receive Special Assignment pay equal to five percent (5%) of the employee’s base hourly rate during the time in which s/he is assigned to the Special Assignment, or, if performing said duties and responsibilities on an ad hoc or intermittent basis, for the hours in which those duties were performed. The assignment of Police Detective Sergeant is for a minimum term of one (1) year and may be extended or discontinued at any time following completion of the minimum term in the sole discretion of the Police Chief. Pay under this category is considered special compensation and is PERSable.

Section 9.10: Required Certification
If a test or required training for renewal of a mandatory certification or license is only offered during the normal working hours of an employee, and such certification or license is required by the City for the employee's job classification, the City will pay costs directly related to taking the required test or participating in the required training including registration fees, course materials, and travel expenses in accordance with the City’s Travel Policy. The employee must take the test or participate in the required training at the site which is closest to Atwater and must give sufficient advance notice to permit the City to cover the employee's absence. If the test or required training is offered outside of the normal working hours of an employee, the employee shall have the option to switch their day off to the day of the test or required training within the same workweek on a day that falls after the test or required training. If the employee elects not to switch his/her day off with the date of the test or required training, the employee shall not be paid for the time spent taking the test or participating in the test or the required training.

Section 9.11: Ammunition
In addition to the ammunition, which is supplied at the quarterly firearms proficiency shoots, each Safety Member shall be allowed to utilize, at the City’s expense, one hundred (100) rounds of ammunition each month for Safety Members other than Range Masters, who shall receive one hundred fifty (150) rounds, for his/her primary duty weapon at a firing range approved by the Police Department. The allotted rounds of ammunition must be used each month and shall not accumulate if not used in any particular month. The City shall also pay any expense associated with the use of the range pursuant to this Section.

The ammunition utilized pursuant to this Section shall be used solely for the purpose of practicing on an approved course of fire so Safety Members may become more proficient in the use of their service firearms. Safety Members shall not receive compensation for the time spent utilizing ammunition pursuant to this Section.

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Section 9.12: Longevity Pay
A. Employees in the bargaining group who are employed with the City of Atwater for 10-19 years (according to the City’s published seniority list) shall receive an additional 2% above their monthly base pay rate for longevity pay.

B. Employees in the bargaining group who are employed with the City of Atwater for 20 years or more (according to the City’s published seniority list) shall receive an additional 3% (for a total of 5%) above their monthly base pay rate for longevity pay.

Pay under this category is considered special compensation and is PERSable.

ARTICLE 10: SENIORITY
A. Seniority is defined as the Regular Full-Time and Reduced Hour employee’s length of continuous service with the City since his/her last date of hire, except as otherwise provided herein.

In the event that the length of continued service with the City is equal, Seniority for the purpose of layoff will be defined in the following order:

1. Length of service within the department to which assigned;

2. Length of service within the classification to which assigned;

3. Date application for employment was received.

4. Regular Full-Time employees shall have Seniority over Regular Reduced Hour employees with the same length of continuous service.

B. “Continuous service” as used herein means an employee's total continuous length of service with the City since his/her last date of hire without break or interruption, provided that layoff of one (1) year or less, any suspension for disciplinary purposes, absence on authorized leave with or without pay and absence while receiving temporary total disability benefits under the California Worker's Compensation Act, shall not constitute a break or interruption in service within the meaning of this Article.

C. Seniority starts to accrue only when an employee achieves Regular status. Temporary, probationary, and seasonal employees do not accrue Seniority. If a temporary, probationary, or seasonal employee becomes a Regular employee and satisfactorily completes his/her initial probationary period of employment with the City as a Regular employee, Seniority shall start to accrue on the date established by Section 10.A.

D. A list of Regular employees arranged in order of their Seniority as defined herein shall be maintained and made available for examination by employees. The Seniority list will be revised and updated at the end of each fiscal year. A copy of the same shall be transmitted to the APOA.

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ARTICLE 11: SAFETY
A. Both the City and the employees shall ensure that work is performed by all employees with a maximum degree of safety, consistent with requirement to conduct efficient operations.

B. Each employee covered by this MOU shall comply with all safety rules and regulations in effect and any subsequent rules and regulations that may be adopted. Any employees involved in, having knowledge of, or witnessing any accident and safety hazard shall immediately report the same to the employee’s Supervisor and shall, if requested, give full and truthful testimony as to same.

C. The City shall provide copies of all safety rules and regulations to all employees at the time of hire and when updated and shall also have the same available at the following locations: The Corporation Yard, Police Department and City Hall. The City shall review all safety rules and safety practices and update the same as appropriate. The APOA and the City shall meet and confer regarding any changes to the safety rules and safety practices pursuant to Section 2.4.

D. The City shall continue to supply employees with safety equipment required by the City and/or CAL OSHA. All employees shall use City supplied safety equipment only for the purposes and uses stated in the applicable safety rules and regulations.

ARTICLE 12: DISCIPLINARY ACTION
Section 12.1: General Rules Related to Disciplinary Action A. Change in shift assignments shall not be used as a disciplinary measure.

B. Medical examinations and/or fitness for duty examinations for all employees may be required in the sole discretion of the City Manager as part of the disciplinary process. If required, the cost of such examination shall be paid by the City.

C. Investigations and interrogations of Safety Members shall be conducted in accordance with the Public Safety Officers Procedural Bill of Rights Act (Government Code § 3300, et seq. as may be amended).

Section 12.2: Procedure for Dismissal, Suspension of More than Three (3) Days, Demotion, or Reduction in Pay
A. New City Employees - All employees who have not attained the status of Regular employee may be released, dismissed, suspended, demoted, or reduced in pay at any time and for any reason, in the discretion of the City Manager, without notice of appeal.

B. Regular Employees – This Section applies to all Regular employees, including those serving in a probationary period due to a promotion or transfer to a new classification. The following procedural steps shall be followed with respect to the City taking action against a Regular employee involving punitive dismissal, suspension of more than three (3) days, demotion, or reduction in pay.

1. Ten (10) days prior to taking any such action written notice of the proposed action shall be given to the employee. Said notice shall contain the following:

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a. The proposed action to be taken.
b. The date set for the proposed action.
c. The reasons for the proposed action.
d. A copy of the charges and materials upon which the proposed action is based, if any.

Notwithstanding the foregoing, any written statement which is prepared and signed by a complainant or witness may be disclosed to the employee. e. A statement advising the employee that he/she has a right to respond to the charges, either in writing or orally, to the person imposing the proposed action prior to the time the action is taken and informing the employee that he/she has the right to be represented at all stages of the proceedings by counsel or other person of his/her choice at the employee's expense.

2. The employee may request a Skelly hearing to respond to the notice of proposed action.

If a Skelly hearing is requested, the following rules apply:
a. The Skelly hearing shall be held within ten (10) days of the request, or at such later date as the employee and the City may agree.
b. The City Manager or his/her designee shall serve as the City’s official for purposes of conducting the Skelly hearing. If a person other than the City Manager serves as the City’s official, that person shall be a neutral party who was not involved in the matter at issue and shall have ability to make a binding decision on the matter. c. The employee shall have the right to be represented by counsel or other person of his/her choice at the employee's expense and shall be given the opportunity to respond to the charges and to present any new information for consideration by the City.
d. Within a reasonable time following the hearing, the City shall issue a written decision on the matter, a copy of which shall be given to the employee. If the written decision imposes dismissal, suspension or demotion of the employee, the decision shall inform the employee of the date on which such action will be taken. e. Both the City and the employee have the right to request that the time for imposing the action taken be postponed, which request may be granted in the discretion of the City Manager.

3. If action will be taken pursuant to this Section, a Personnel Action Form will be completed and placed in the employee’s personnel file.

4. The employee or APOA may request arbitration within fifteen (15) days from date of the final decision. The party requesting arbitration shall provide written notice of the request to the other party.

5. The arbitration proceedings shall be conducted by an arbitrator, to be mutually selected by the parties within ten (10) calendar days after the submission of written demand for arbitration. If the parties are unable to mutually agree as to the selection of an arbitrator

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within such time limit and either party continues to demand arbitration, either party may request the California State Mediation and Conciliation Service to provide a list of five (5) arbitrators. Within ten (10) days after receipt of said list, the parties shall select the arbitrator. Each party shall have the right to strike two (2) names from the list of arbitrators as submitted. The party requesting arbitration shall have the right to strike the first name and the other party shall then strike one (1) name with the same process being repeated so that the person remaining on the list shall be the arbitrator. The arbitration hearing shall be held within twenty (20) days after selection of the arbitrator or as soon thereafter as the arbitrator is available.

6. Each party shall have the right to be represented by counsel or other person of his/her choice at that party’s expense.

7. The arbitrator shall be requested by the parties to issue a decision within thirty (30) calendar days after the conclusion of the hearing.

8. There shall be no appeal from the arbitrator's decision. The arbitrator’s decision shall be final and binding on the APOA, the City, and on all PD Unit employees, except where there has been an allegation of fraud or similar misconduct by the arbitrator, or where an error appears on the face of the arbitrator’s award which causes substantial injustice to one or more of the parties. If the foregoing circumstances exist, the Parties may conduct a second and final arbitration on the same terms and conditions as are stated in this Section.

9. The arbitrator's expenses shall be shared by the parties, except if the matter involves termination of an employee. In the event that the arbitrator makes a compromised decision, the arbitrator’s expenses shall be apportioned to the parties by the arbitrator based on the relative merits of their respective cases. The City will advance the costs of arbitration and obtain reimbursement, if appropriate, for the APOA's or employee’s share.

Each party shall be responsible for compensating its own representatives and witnesses.

If a party desires that a record of the testimony be made at the proceedings, it may cause such a record to be made at its expense provided, however, that it supplies the arbitrator and the other party or parties with copies of such record at no expense to the other party or parties.

10. Any time limitation provided in this Section may be waived in writing by mutual agreement of the parties or their designated representatives. If either party fails to comply with any time limitation or extension thereof, absent written waiver of same, the appeal shall automatically be resolved in favor of the other party.

11. An aggrieved employee shall have the right to process a grievance pursuant to the provisions of this Section individually, by the APOA, and/or by an attorney at law. This arbitration clause shall govern all disputes involving dismissal, suspension of more than three (3) days, demotion, or reduction in pay. The City and employees agree to be bound by this arbitration clause and agree to waive the right to resolve any such dispute by filing a lawsuit in a court of law.

Section 12.3: Procedure for Suspensions of Three (3) Days or Less For suspension of any employee of three (3) days or less, the procedure shall be as follows:

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A. Ten (10) days prior to taking any such action written notice of the proposed action shall be given to the employee. Said notice shall contain the following:

1. The proposed action to be taken.

2. The date set for the proposed action.

3. The reasons for the proposed action.

4. A statement that any materials upon which the proposed action is based are available for the employee's inspection. Notwithstanding the foregoing, any written statement which is prepared and signed by a complainant or witness may be disclosed to the employee.

5. A statement advising the employee that he/she has a right to a hearing before the City Manager if requested within five (5) working days after receipt of said notice.

B. If the employee requests a hearing, the City Manager or his/her designee shall schedule a hearing and advise the employee of the time and place of the hearing. If a person other than the City Manager will hold the hearing, that person shall be a neutral party who was not involved in the matter at issue and shall have ability to make a binding decision on the matter.

C. The employee shall have a right to be represented at the hearing by an APOA representative or other person of his/her choice at the employee’s cost.

D. The decision of the City Manager or his/her designee shall be final.

ARTICLE 13: LAYOFF AND REINSTATEMENT
Section 13.1: Layoffs
The City Manager may lay off employees when, in his/her sole discretion, a layoff is appropriate for any of the following reasons: lack of work, lack of funds or a change in operations or organization. The following rules apply whenever a layoff occurs:

A. Layoffs shall be made on the basis of seniority as defined in Article 10 of this MOU. The City shall provide the APOA not less than twenty (20) working days’ notice of anticipated layoffs.

B. No Regular employee shall be laid off from any classification while there are temporary, probationary, or seasonal employees working in the same classification.

C. In the event an employee becomes subject to layoff in his/her classification, he/she shall be permitted to take a position in a lower or equivalent classification for which the employee meets the minimum qualifications, or in a lower classification in which the employee has successfully completed probation and the employee meets the minimum qualifications. The employee shall be paid at that classification's rate of pay. The employee shall have two (2) business days to determine whether to exercise the bumping rights set forth herein. Any employees in such lower or equivalent classification subject to lay off by virtue of the provisions of this paragraph shall be laid off in accordance with the provisions of paragraphs "A" and “B” of this Section.

D. If proposed layoffs qualify as a reduction in workforce, the City shall comply with all applicable laws.

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Section 13.2: Reinstatement
A. The names of regular employees who have been laid off shall be placed on a layoff list to be maintained by the Personnel Department and shall be eligible for re-employment for a period of one (1) year after the layoff. In the event that the City decides to re-hire for a position in which there has been a previous layoff, the City shall offer to rehire employees from the layoff list in the reverse order of layoff, provided, however, that such employee(s) are fully qualified for the classification based upon the minimum qualifications stated in the job description, as determined in the sole discretion of the City Manager, and further provided such employee(s) return to work within fourteen (14) calendar days after notification of the offer of re-employment.

B. Where an employee has accepted a position in a lower or equivalent classification by virtue of the provisions of Section 13.1, he/she shall be offered reinstatement to his/her former position if the City elects to rehire for the former position when the same becomes available.

Employees qualifying for reinstatement pursuant to this Section shall be reinstated in the reverse order of layoff within two (2) years after the layoff provided employee meets the minimum qualifications for the position to be reinstated.

C. Where, by virtue of a layoff, either a Full-Time or Reduced Hour employee takes a position in lower classification pursuant to the provisions of Section 13.1, such employee shall be credited with classification seniority earned prior to transfer. Where, however, a Full-Time employee takes a Reduced Hour position in the same classification, he/she shall not be laid off until all Reduced Hour employees in such classification have been laid off.

D. If a position is reclassified, the provisions of this Section will apply if the employee that had been laid off meets the minimum qualifications stated in the job description for the reclassified position, as determined in the sole discretion of the City Manager.

ARTICLE 14: RESIGNATION
Section 14.1: Voluntary Resignation
An employee wishing to resign from City employment in good standing shall file with his/her Department Manager at least two (2) weeks before leaving the service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the City Manager with a statement by the Supervisor as to the resigned employee's service performance and other pertinent information concerning the cause for resignation. Failure to comply with this rule shall be entered on the service record of the employee and may be cause for denying future employment by the City. The absence of an employee who fails to give notice shall be reported to the City Manager's office immediately.

Section 14.2: Implied Resignation
An employee who willfully absents himself/herself from work for a period in excess of two (2) consecutive working days without the permission of his/her Supervisor or refuses to report for work when scheduled to do so without good cause may be deemed by the City Manager to have resigned from his/her position.

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APOA Memorandum of Understanding Page 47
ARTICLE 15: LEAVES
Section 15.1: Leave of Absence without Pay
A leave of absence without pay may be granted to an employee provided the employee has first used all accruals. All requests for leaves of absence without pay, regardless of length, shall be submitted to the City Manager in accordance with the City’s Notification of Absence Policy. Such leaves shall not exceed a period of twelve (12) weeks unless a finding of unusual and special circumstances is made and granting the leave will not cause an undue hardship on the City.

Employees on a leave of absence without pay shall be responsible for health premiums while on leave.

This section shall not apply to qualifying leave under the definition of the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA). Subject to the law, employees are entitled to paid or unpaid leave and do not require City Manager approval.

Section 15.2: Leave of Absence – Military
Employees shall be afforded all rights pertaining to military leaves of absence as are required by State and Federal law. A military leave of absence shall not include a leave for civilian employment of any nature.

ARTICLE 16: GRIEVANCE PROCEDURE
It is the policy of the City that all grievances of employees relating to working conditions be resolved at the lowest level of supervision possible depending on the circumstances giving rise to the grievance. All grievances shall be presented in accordance with the following rules, with the presentation to be made at the lowest appropriate step.

A. Step 1. The employee, with or without the employee representative/certified organization representative, shall discuss the grievance with the employee's immediate supervisor within ten (10) calendar days of the date the grievance arises, or the employee learns of its occurrence. The supervisor shall attempt to resolve the matter and shall respond to the employee within five (5) working days.

B. Step 2. If the grievance is not settled by the employee’s immediate supervisor, it shall be presented in writing by the employee or employee representative/certified organization representative to the employee’s Supervisor within seven (7) calendar days after the supervisor's response is due. The employee’s Supervisor shall respond to the employee in writing within five (5) working days.

C. Step 3. If the grievance still remains unresolved, it shall be presented by employee or employee representative/certified organization representative to the Police Chief in writing within seven (7) calendar days after the response of the employee’s Supervisor is due. The Police Chief shall respond in writing to the employee within five (5) working days.

D. Step 4. If the grievance still remains unresolved, it shall be presented by employee or employee representative/certified organization representative to the City Manager in writing

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APOA Memorandum of Understanding Page 48
within seven (7) calendar days after the response of the employee’s Supervisor is due. The City Manager shall respond in writing to the employee within five (5) working days.

E. Step 5. If the grievance remains unresolved, either party may, within fifteen (15) calendar days after the reply of the City Manager is due, by written notice to the other, request a hearing before an arbitrator whose decision shall be final and binding on the parties.

F. Step 6. Arbitration shall be conducted in accordance with Section 12.2.B.5 – 12.2.B.12.

ARTICLE 17: MISCELLANEOUS
Section 17.1: Personnel Reports and Records
A. The City Manager shall require information relating to personnel actions to be kept and reported on such forms as he/she may direct. All personnel records shall be maintained by the City for at least five (5) years after the termination of the employee's employment.

B. An employee, or, upon presentation of written authorization from the employee, an employee's representative, shall have access to the employee's official personnel file upon request. Such access shall be during normal working hours and shall be monitored by the City.

C. Nothing of a derogatory nature shall be placed in the file unless the employee has been given a copy of the material. An employee may respond in writing to such material and the response shall also be placed in the official personnel file.

D. All requests for verification of employment (for current and prior employees) shall be submitted to the Department of Human Resources. Prior to releasing any information in response to a request for verification of employment, the Human Resources Department shall obtain the written consent of the employee.

Section 17.2: Other Employment
No full-time employee shall engage in any outside employment without first obtaining the permission of the City Manager, which shall not be unreasonably denied. No full-time employee shall engage in outside activity which is incompatible or in conflict with his/her duties to and/or employment with the City.

Section 17.3: Employment of Relatives
Close relatives of employees may not be hired for positions in the same department of City service without prior approval of the City Manager, which may be granted in his/her sole discretion. Only Regular employees are considered in City service for purposes of this Section. For purposes of this Section, the term “close relatives” is intended to include: parents, spouses, domestic partners, partners residing in the same household, children, foster children, siblings, siblings of spouse, spouses of siblings, father-in-law, mother-in-law, grandparents, grandchildren, nephews, nieces, aunts, uncles, first cousins, or spouses of nephews, nieces, aunts, or uncles.

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Section 17.4: Training
A. The City recognizes the need to provide an ongoing program of training for all employees to ensure that they are able to maintain an acceptable level of knowledge, skills, and abilities related to their positions and the performance of their job duties and responsibilities. To this end, the City agrees that job-related training will be equally distributed among classifications according to need. Need shall be evaluated and determined through the development and implementation of an annual training plan within each Department. Where a training program is offered by the City and an employee is requested or required by the City to attend, the City shall pay the cost thereof. For the purpose of this section, workdays and hours will be subject to modification to reduce and/or minimize the payment of overtime.

It is agreed that all Regular status employees will receive first consideration for all training provided that such training is relevant to their job duties and classification. It is also agreed that there may be times where a probationary temporary or seasonal employee may require training in order to perform his/her assigned duties and responsibilities and thus those employees shall be considered for training.

B. The City agrees that employees may desire to enroll in training and/or academic courses that may provide the employee with general or specific skills and/or knowledge that contributes to their ability to perform their current position or enhances promotional opportunities. In those cases, the employee may have one-half (½) of the cost (including course fees, books, materials, and tuition) paid by the City if prior approval is obtained from the City Manager.

Approved reimbursements shall be made upon successful completion of the course. To participate in this program, employees are required to complete the required City request form and turn it into the Human Resources Department.

C. While the City is receiving aid from the State of California, the City shall comply with Penal Code § 13522 regarding the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.

Section 17.5: Medical Exams / Fitness for Duty Exams
Medical examinations and/or fitness for duty examinations for all employees may be required in the sole discretion of the City Manager. Such examinations may occur as part of the hiring and disciplinary processes, and before an employee returns to work following an injury. If required, the cost of such examination shall be paid by the City.

Section 17.6: Subcontracting
The City may consider subcontracting for work or service normally performed by employees of the PD Unit for justifiable business purposes. Whenever the City proposes to do so, the APOA will be notified no later than sixty (60) calendar days prior to the date of subcontracting. The APOA will have the right to meet with the City to discuss the proposed action. In the event of a vacancy in any position, the City may subcontract to fill said position on a temporary basis not to exceed sixty (60) days upon giving the APOA seven (7) days written notice. The Parties agree that the hiring of police reserves does not constitute subcontracting for purposes of this Section.

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APOA Memorandum of Understanding Page 50
Section 17.7: Discriminatory Workplace Harassment Policy The City has a Discrimination and Workplace Harassment Policy, which has been implemented to protect the interests of all employees. All employees shall comply with the terms of the Policy.

The City is a member of the Employer Risk Management Authority (ERMA) through its membership in the Central San Joaquin Valley Risk Management Authority. The City will investigate all complaints of harassment and wrongdoing in the workplace.

ARTICLE 18: CONCERTED ACTIVITIES
A. It is agreed and understood that there shall be no concerted activities during the term of this Agreement, including strikes, work stoppages, slowdowns, or other willful interference with the operations of the City, in accordance with the California Supreme Court’s rulings in this area.

B. The City agrees not to lock out the members of the PD Unit during the terms of this Agreement.

C. The APOA recognizes the provisions of this MOU.

ARTICLE 19: CITY RIGHTS
A. The APOA recognizes that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing these services in all respects subject to the terms of this MOU.

B. The City Manager and Supervisor have, and will continue to retain, exclusive decision-making authority on matters not officially and expressly modified by specific provisions of this MOU, and such decision-making shall not in any way, directly or indirectly, be subject to the Grievance procedure contained herein.

The exclusive rights of the City shall include, but not be limited to, the following right: to determine the organization of City government and the purpose and mission of its constituent agencies, to set standards of service to be offered to the public, and through its management officials, to exercise control and discretion over its organization and operations, to establish and effect administrative regulations and employment rules and regulations consistent with law and the specific provisions of this MOU, to direct its employees, to take disciplinary action for just cause, to relieve its employees from duty because of lack of work or for other legitimate reasons, to determine whether goods or services shall be made, purchased or contracted for, to determine the methods, means and personnel by which the City's services are to be provided, including the right to schedule and assign work and overtime, and to otherwise act in the interest of efficient service to the community.

ARTICLE 20: CONCLUSIVITY
A. This MOU is the sole and entire agreement between the City and the APOA and shall supersede all prior Memoranda of Understanding for the PD Unit. Wherever there is a direct conflict, this MOU shall supersede all existing personnel rules, regulations, and resolutions.

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APOA Memorandum of Understanding Page 51
B. Benefits and working conditions provided for by this MOU shall not vest in/to the APOA or an employee but shall remain in full force and effect only for the term of the MOU except as otherwise provided herein, or pursuant to applicable law.

C. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained in this MOU shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto.

ARTICLE 21: SAVINGS CLAUSE
If any provision of this MOU, or any addendum or side letter hereto should be held to be invalid by operation of law, or by a court of competent jurisdiction, or if compliance or enforcement of any provision of this MOU should be restrained by such court or by the enactment of superseding rule, regulation, law or order by any governmental authority other than the City, such provision shall immediately be suspended and shall be of no force or effect, and the parties shall be immediately suspended and be of no force and effect, and the parties shall immediately begin the meet and confer process for the purpose of arriving at a mutually satisfactory replacement for such provision. Invalidation of this MOU or any provision hereof shall not invalidate any remaining portions unless those remaining portions were contingent upon the operations of the invalidated section.

ARTICLE 22: TERM OF AGREEMENT
A. This MOU shall be effective July 1, 2023, and shall remain in full force and effect through June 30, 2027.

B. In the event a notice of intent to modify or terminate this MOU is served by a party, negotiations shall begin as soon as mutually acceptable, but no later than sixty (60) days prior to the applicable date set for termination of this MOU (i.e., June 30 of the relevant year). Upon mutual agreement, the parties may exchange their respective written proposals for modifying the Agreement at least seven (7) days in advance of the first scheduled meeting.

C. This MOU shall remain in full force and effect during the period that negotiations are underway until such time as a successor agreement is executed by the parties.

D. During the Term of this MOU, either party retains the right to reopen the MOU for any reason.

This may occur only once in each calendar year. Negotiations shall begin no later than thirty (30) days from the date of receipt of the request.

E. Negotiations for the successor MOU shall commence not later than January 2027.

ARTICLE 23: DEFINITIONS
The words and terms defined in this Section shall have the following meanings. Any term not defined herein which is defined in the MMBA shall have the meaning set forth therein.

1. “Bargaining Unit” shall mean a unit of Regular status City employees for the purposes of representation in employer-employee relations matters.

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APOA Memorandum of Understanding Page 52

2. "Certified Employee Organization" shall mean an employee organization which has been recognized for representation purposes pursuant to the procedures set forth in Resolution No. 2581-10.

3. "City" shall mean the City of Atwater, a political subdivision of the State of California, and where appropriate in this MOU, "City" refers to the City Council and/or City Manager.

4. "City Council" shall mean the City Council of the City of Atwater.

5. "City Manager" shall mean the administrative head of the government of the City appointed by the City Council. Powers, rights, and duties of the City Manager established in this MOU may be delegated by the City Manager, in his/her sole discretion to another City employee.

6. "Confidential Employee" shall mean any employee who has access to confidential information contributing significantly to the development of management positions.

7. "Consult" shall mean the verbal or written communication for the purpose of presenting and obtaining views or advising of intended actions.

8. “Disability” shall mean any illness, injury (other than an injury falling under workers’ compensation guidelines) or disability which incapacitates the employee or renders the employee incapable of performing the duties of his/her position, even with a reasonable accommodation, as certified to by a licensed physician.

9. "Employee" shall mean any employee of the City subject to this MOU.

10. "Employee Relations" shall mean the employment relationship between the City and its employees and their certified and/or exclusive employee organization.

11. "Exclusive Representative" shall mean an employee organization selected by the PD Unit to be the sole representative of all employees in that Unit pursuant to the procedures set forth in Resolution No. 2581-10 (as may be amended from time to time) and Government Code § 3502.5. The Exclusive Representative shall be the sole representative of all employees in the PD Unit and shall represent all employees of the Unit, except that an employee of the Unit shall have the right to represent him/herself in his/her employment relations with the City.

12. "Fact-finding" shall have the definition set forth in the MMBA.

13. “FLSA” shall mean the Fair Labor Standards Act.

14. “Full-Time Employee” shall mean an employee assigned to a position for an indefinite period of time whose schedule requires a normal work week of forty (40) hours of work.

15. "Grievance" shall mean any disagreement concerning the interpretation or application of a written memorandum of understanding or of personnel rules, department rules, and regulations governing personnel practices or working conditions, and the procedure shall be established in the Personnel Rules. An impasse in meeting and conferring upon the terms of a proposed memorandum of understanding is not a grievance.

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16. "Impasse" shall have the definition set forth in the MMBA.

17. "Management Employee" shall be those employees specified in the City’s Personnel Rules and Regulations.

18. "Mediation" shall have the definition set forth in the MMBA.

19. "Meet and Confer" shall have the definition set forth in the MMBA.

20. “Miscellaneous Member” shall mean those employees assigned to any position other than a position designated as Safety Member.

21. “MMBA” shall mean the Meyers-Milias-Brown Act (Government Code § 3500, et seq., as amended).

22. "Payroll Deduction" shall mean an arrangement under which the City deducts from the salary of the employee sums of money for various purposes including dues or service fees.

23. “Probationary Employee” shall mean an individual appointed to a position which requires successful completion of a probationary period, as described in Article 5, and who has not yet successfully completed the probationary period.

24. “Reduced Hour Employee” shall mean an employee assigned to a position for an indefinite period of time whose schedule requires a normal work week of less than forty (40) hours of work.

25. “Regular Employee” shall mean an employee assigned to a position, other than a temporary or seasonal position, for an indefinite period of time and who has successfully completed the initial probationary period described in Article 5.

26. “Representative” shall mean the person designated by the Certified Employee Organization to represent the Certified Employee Organization and the employees in the PD Unit with respect to wages, hours, terms and conditions of employment.

27. “Safety Member” shall mean those employees assigned to the following positions: Police Officer, Police Corporal, Police Detective, Police Detective Sergeant, and Police Sergeant.

28. “Seniority” shall mean the employee’s length of continuous service with the City since his/her last date of hire, except as otherwise provided in Article 10.

29. “Shift worker” shall mean an employee who works rotational/rostered shifts including day shift, evening shift, and/or night shift.

30. "Supervisory Employee" shall mean any employee who is not a member of the PD Unit having authority to exercise independent judgment in the interest of the City to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or having the responsibility to direct them or to adjust grievances or to effectively recommend such action, if, in connection with the foregoing the exercise of such authority is not merely routine or clerical in nature and requires the use of independent judgment.

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31. “Temporary Employee” shall mean an employee assigned to a position which is established for a specified period of time.

32. “Workers’ Compensation Injury” shall mean an injury suffered by an employee in the course of performing his/her job duties, which is covered by California’s workers’ compensation laws. [SIGNATURES ON THE FOLLOWING PAGE]

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FOR THE ASSOCIATION: FOR THE CITY:
_________________________________ _
David Goodwin Lori Waterman, City Manager
APOA Vice President City of Atwater
_________________________________ _
Dayton Snyder Jana R. Sousa Human Resources Director
APOA Police Officer City of Atwater
_________________________________ _
Marcelina Zimmerman Frank Splendorio, City Attorney
APOA Dispatcher City of Atwater
_________________________________
Tony Silva, Labor Representative
Goyette, Ruano & Thompson

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

June 12, 2023
TO: Mayor and City Council
FROM: Jana Sousa, Human Resources Director

PREPARED
BY:

Jana Sousa, Human Resources Director
SUBJECT: Authorizing and Approving a Purchase Agreement with NeoGov for the Purchase of an Employee Performance Evaluation
Software Module (Perform) (Human Resources Director Sousa)

RECOMMENDED COUNCIL ACTION
Authorizes and Approves a Purchase Agreement (Purchase Order) with NeoGov for the Purchase of an Employee Performance Evaluation Software Module (Perform), in an amount not to exceed $14,561.60; and authorizes and directs the City Manager, or her designee, to execute the Purchase Agreement on behalf of the City.

I. BACKGROUND/ANALYSIS:

The Human Resources Department currently holds a contract with NeoGov and utilizes the applicant tracking and onboarding modules. The department is looking to add a module to the NeoGov suite that will assist all City departments, including employees, in relation to employee performance evaluations. This module will also assist in tracking the status of those evaluations as well as continuously notifying supervisors to ensure the evaluations are completed in a timely manner. Currently, all City departments utilize a paper system to complete employee evaluations, and those paper evaluations are then routed to the Human Resources department. TheNeoGov Perform module would eliminate paper and speed up the evaluation process, especially in relation to scheduled employee step increases. The Perform module will allow employees to track and enter accomplishments and awards received to ensure that supervisors will see and document those items in the employee’s annual evaluation. This will help to better facilitate conversations between employees and their supervisors on an ongoing basis, and not just during the employee’s annual evaluation.

AMC 3.04.110(C) lists sole source purchases as an exemption to the formal, centralized purchasing procedures. One of the qualifications for a sole source purchase is that the product “has been proven to be the only product that is acceptable.” Further, the City of Atwater Purchasing System Manual, Section 9, Procurement Methods, “Sole Source Purchases (page 17),” states that the City’s bidding procedures may be dispensed when it qualifies as a sole source due to the fact when any of the following apply:

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

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Agenda Report - Page 2

1. The brand or trade name article, goods, or product or proprietary service is the only one which will properly meet the needs of the City; or

2. The item or service is unique and available only from a sole source; or

3. The item or service is designed to match others already in use or necessary to be compatible with others already in use.

The proposed purchase meets all three definitions of the sole source requirement as it is the only vendor that specifically caters to government agencies with the products provided and the service is already in use or necessary to be compatible with others already in use. The City currently utilizes NeoGov and wishes to add the Perform module to the existing package. NeoGov is specifically targeted at serving governmental agencies.

II. FISCAL IMPACTS:

The fiscal impacts associated with the purchase agreement are included in the proposed Fiscal Year 2023-24 Budget, IT Fund, Memberships & Subscriptions account number 7030-1050-3036. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney’s Office.

IV. EXISTING POLICY:

N/A
V. ALTERNATIVES:

N/A
VI. INTERDEPARTMENTAL COORDINATION:

The purchase will be coordinated through the Finance Department and the City Manager’s Office.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to provide comments on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

IX. STEPS FOLLOWING APPROVAL:

Upon approval of the Purchase Agreement, staff will route the agreement for signatures

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Agenda Report - Page 3

and begin implementation with the vendor after July 1, 2023.

Submitted by:

Jana Sousa, Human Resources Director
Submitted and Approved by:

Lori Waterman, City Manager
Attachments:

1. NEOGOV Perform Executive Summary and Purchase Agreement

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Performance management software
nurtures communication, identifies
and promotes employee strengths,
and establishes a sense of purpose.

PERFORM

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BENEFITS

TRACK EMPLOYEE PERFORMANCE
and provide constructive feedback to

BUILD A MORE CAPABLE WORKFORCE

CREATED FOR YOU
and your employees
NEOGOV’s employee evaluation software, Perform, is the
only full-featured performance management software in the marketplace with specific public sector functionality and a mobile-friendly interface. Perform automates annual and probationary employee evaluations, allowing your HR team to automate the process of identifying skill gaps and areas of improvement in their employees.

Perform is an integrated performance tracking solution that works seamlessly with NEOGOV’s Onboard, Insight, and
Learn. Use Perform to provide continuous feedback to your employees based on desired competencies established by
your organization. Create employee or role-specific criteria for measuring performance, identify areas for growth, and schedule regular check-ins to see how employees are progressing. Avoid recency bias by regularly adding confidential journal entries to help you compose annual performance reviews.

Discover the best performers within departments and those that need more support using one-on-one performance reviews and employee self-rating. Generate individual development plans and recommend trainings based on an employee’s competency scores. ✓ Automate employee performance review processes
✓ Increase transparency and engagement between
employees and managers
✓ Pinpoint shortcomings and growth opportunities for
professional development

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HIGHLIGHTED FEATURES
The ease & flexibility
of having performance
evaluations online has
been a huge factor that
generates feedback
from employees.

DARCY LOWERY
City of Avondale, AZ
“
“

PUBLIC SECTOR-FOCUSED
Designed specifically for the public sector, Perform includes multiple features to ensure compliance and accommodate
different processes based on each department’s requirements. • Automatically adds shift managers to public safety evaluations • Multiple managers can collaborate on a single evaluation • Generate automatic employee acknowledgment tasks
• Handles varying frequencies and approval workflows to maintain efficiency

REPORTING & DATA
With Perform’s reports and dashboards, analyze individual employee, team, or departmental data to identify skill gaps across the agency and optimize employee development based on common themes.
• Easily analyze data and identify bottlenecks in the
evaluation process
• Track status of performance review completion across
managers & departments
• Measure goal achievement progress and determine where additional training is needed within the organization
• Quickly identify employees eligible for a merit increase

CONTINUOUS FEEDBACK
Perform allows for continuous communication with employees regarding manager feedback and goal tracking through email notifications, mobile or desktop journals, and scheduled and recurring check-ins. Managers can complete journal entries throughout the year to document performance and refer back during performance reviews.
• Schedule periodic check-ins to provide feedback and
track goal progress
• Implement PIPs (performance improvement plans) and
electronically document every step of the process
• Managers can refer to journal entries and check-ins to expedite ratings

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NURTURE EMPLOYEE

DEVELOPMENT
Employee development is critical for the public
sector. As baby boomers exit the workforce,
public sector organizations are struggling to fill
the positions that are opening.

According to NEOGOV’s 2019 Job Seeker
Report, only 31% of public sector applicants
listed Career Advancement as an attractive
quality of the sector.

By conducting performance evaluations, HR can
help nurture the career and skill development
of teams, and ultimately improve the appeal of
public sector employment.

Career Advancement as a Motivator for
Working in the Public vs Private Sector
PUBLIC
SECTOR

PRIVATE
SECTOR
31%
41%

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IMPLEMENTATION

DISCOVERY
PHASES 1& 2 INITIATION
PHASES 3 & 4 PRODUCTION

POST-IMPLEMENTATION
3 Weeks
5-6 Weeks
2-3 Weeks
Ongoing

KICK OFF
Discovery sets the stage for the implementation by scoping the work needed, creating the timeline, and establishing expectations. Project resources are also assigned, including staff assignments and project management materials.

ADMIN TRAINING
Customers start learning the Perform system through a combination of self-paced training modules, demonstrations from the implementation consultant and practicing in a training environment.

PROCESS MATCHING
Existing evaluation processes will be mapped onto the Perform system, including review cycles, approval structures, rating scales and competencies.

CONFIGURATION
The main elements and administrative settings of the Perform platform are configured together by the customer and Implementation Consultant.

TESTING & REVIEW
System validation (testing) and full production review are done before the customer signs off on the Perform system for going live.

TRAIN
Ensure successful adoption through end user training for HR Users and Managers. Leverage the online resources available from NEOGOV to conduct training sessions.

Add-On Service: Remote training for end users available for purchase.

Transitional support is set up for the live system. Implementation Consultants conduct 30-day and 60- day check-ins to provide additional assistance.

Time to implement subject to change for agencies with more than 2,500 employees.

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Exhibit A
Order Form
NEOGOV Customer:

Governmentjobs.com, Inc. (dba "NEOGOV")
2120 Park Pl, Suite 100
El Segundo, CA 90245
United States
[email protected]
Sales Rep: Austin McCarthy
Atwater, City of (CA)
750 Bellevue Rd
Atwater, CA 95301-2859
USA
Quote Valid From: 5/1/2023 Quote Number: Q-10657
Quote Valid To: 6/30/2023 PaymentTerms: Annual,Net 30
Subscription Term in Months: 24
Employee Count: 90
Order Summary
Year 1 Year 1 includes a 50% discount on license costs.

Service Description Type Start Date End Date Term Price Perform Subscription RECURRING 7/1/2023 6/30/2024 $3,536.00 Perform Setup ONE-TIME $3,600.00
Year 1 TOTAL: $7,136.00
Year 2
Service Description Type Start Date End Date Term Price Perform Subscription RECURRING 7/1/2024 6/30/2025 $7,425.60 Year 2 TOTAL: $7,425.60
ORDER TOTAL: $14,561.60

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A. Terms and Conditions

1. Agreement. This Ordering Document and the Services purchased herein are expressly conditioned upon the acceptance by Customer of the terms of the NEOGOV Services Agreement either affixed hereto or the version most recently published prior to execution of this Ordering Form available at https://www.neogov.com/service-specifications. Unless otherwise stated, all capitalized terms used but not defined in this Order Form shall have the meanings given to them in the NEOGOV Services Agreement.

2. Effectiveness & Modification. Neither Customer nor NEOGOV will be bound by this Ordering Document until it has been signed by its authorized representative (the “Effective Date”). Unless otherwise stated in this Ordering Document, all SaaS Subscriptions shall commence on the Effective Date. This Ordering Document may not be modified or amended except through a written instrument signed by the parties.

3. Summary of Fees. Listed above is a summary of Fees under this Order. Once placed, your order shall be non-cancelable and the sums paid nonrefundable, except as provided in the Agreement.

4. Order of Precedence. This Ordering Document shall take precedence in the event of direct conflict with the Services Agreement, applicable Schedules, and Service Specifications.

B. Special Conditions (if any).
"Atwater, City of
(CA)"
Signature:

Customer_DS1
Print Name:

CustomerName_DS1
Date:

CustomerDate_DS1

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

June 12, 2023
TO: Mayor and City Council
FROM: Lori Waterman, City Manager

PREPARED
BY:

Janell Martin
SUBJECT: Approving Use Agreement with Atwater 4th of July Committee regarding use of Ralston Park and Certain City Streets (City Manager Waterman)

RECOMMENDED COUNCIL ACTION
Approves a Use Agreement, in a form approved by the City Attorney, with the Atwater 4th of July Committee for the use of Ralston Park and Certain City Streets; and authorizes and directs the City Manager, or her designee, to execute the Use Agreement, on behalf of the City.

I. BACKGROUND/ANALYSIS:

The Atwater 4th of July Committee is a nonprofit organization that survives solely on donations, booth fees, and tee shirt sales. The Committee is a team of Moms, Dads, Neighbors, and Friends that have come together to help preserve the traditions of celebrating the Fourth of July. The Committee provides a celebration for the community, locally and regionally, with a parade and festival. The Agreement is provided to the Committee for the primary purpose of providing a public benefit to the residents of the City. The use of Ralston Park ("Park") and certain City streets ("Premises") by the Committee shall be coordinated with the City Manager, and subject to his or her approval.

There has not been a prior Use Agreement between the City of Atwater ("City") and the Atwater 4th of July Committee ("Committee"), however, there have been informal memoranda regarding the main points. The Committee has appeared annually before the Planning Commission and City Council in years past.The Use Agreement allows for transparency and clear communication and coordination with all City Departments.

The term of this Agreement shall commence on July 4, 2023 and shall end as of July 4, 2028 (“Initial Term”). The Committee shall have the option to request to extend the Initial Term by an additional five (5) years (an “Extended Term”) by first giving written request to City not fewer than ninety (90) days prior to the expiration of the Initial Term of this Agreement. The City Manager reserves their right to approve or reject, in whole

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

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Agenda Report - Page 2

or in part, the Committee’s request to so extend.

II. FISCAL IMPACTS:

There is no fiscal impact associated with executing the Use Agreement between the City of Atwater and the Atwater 4th of July Committee to continue their annual parade and festival. This item has been reviewed by the Finance Department.

III. LEGAL REVIEW:

This item has been reviewed by the City Attorney's Office.

IV. EXISTING POLICY:

This item is consistent with goal number (6) of the City's 2020-2025 Strategic Plan: to enhance quality of life.

V. ALTERNATIVES:

Not required for all staff reports but should be included in most reports where the Council should be considering options, or discussion of options already investigated.

If there are Policy options for consideration, the discussion should be specific and detailed.

VI. INTERDEPARTMENTAL COORDINATION:

This item has been reviewed by all departments.

VII. PUBLIC PARTICIPATION:

The public will have an opportunity to speak on this item prior to City Council action.

VIII. ENVIRONMENTAL REVIEW:

This item is not a “project” under the California Environmental Quality Act (CEQA) as this activity does not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to Public Resources Code section 21065.

IX. STEPS FOLLOWING APPROVAL:

Upon approval by City Council, the City Clerk’s office will route the Use Agreement for signature.

Submitted and Approved by:

Lori Waterman, City Manager
Attachments:

1. City of Atwater and Atwater 4th of July Committee Use Agreement

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Agenda Report - Page 3

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1 USE AGREEMENT
This use agreement (“Agreement”) is made and entered in this 4th day of July 2023 at Atwater, California, by and between the City of Atwater, a California municipal corporation (hereinafter called “City”) and the Atwater Fourth of July Committee, a nonprofit corporation (hereinafter called “Committee”).

WITNESSETH
WHEREAS, the City is a municipal corporation formed under Article XI, Section 7 of the California Constitution; and
WHEREAS, the Committee is a nonprofit organization that survives solely on donations, booth fees, and tee shirt sales. The Committee is a team of Moms, Dads, Neighbors, and Friends that have come together to help preserve the Traditions of Celebrating the Fourth of July; and
WHEREAS, the Committee provides celebration for the community, locally and regionally, with a parade and festival.

NOW, THEREFORE, in consideration of the foregoing, and of the mutual covenants hereinafter contained, the parties agree as follows:

1. Grant of Right. The City hereby grants to the Committee the right to use RALSTON PARK, located at 1550 Third Street, Atwater, CA (hereinafter called “Park”) and the right to use certain City streets (hereinafter called “Premises”) subject to the terms and conditions hereafter contained. A true and correct depiction of the Park and Premises is attached hereunto as Exhibit “A.”

2. Permitted Uses. This Agreement is provided to the Committee for the primary purpose of providing a public benefit as described above to the residents of the City. The use of the Park and Premises by the Committee shall be coordinated with the City Manager, and subject to his or her approval.

3. Term. The term of this Agreement shall commence on July 4, 2023 and shall end as of July 4, 2028 (“Initial Term”). The Committee shall have the option to request to extend the Initial Term by an additional five (5) years (an “Extended Term”) by first giving written request to City not fewer than ninety (90) days prior to the expiration of the Initial Term of this Agreement. The City Manager reserves their right to approve or reject, in whole or in part, the Committee’s request to so extend.

4. Indemnification. The Committee shall keep and hold harmless City from and indemnify City against any and all claims, demands, suits, judgments, costs and expenses asserted by any person or persons, including agents or employees of the Committee, by reason of death or injury to persons, or loss or damage to property occurring in, on, or about the Park and Premises during the period of time

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2 and for those activities specifically related to the Committee’s use of the Park and Premises.

5. Insurance. The Committee shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Event Sponsor’s general liability policies shall be primary and shall not seek contribution from the City’s coverage and be endorsed using Insurance Services Officer form CG 20 10 (or equivalent) to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. The insurance policy is to contain, or be endorsed to contain, the following provisions:

Additional Insured Endorsement, The City of Atwater, its officers, officials, agents, employees, and volunteers are to be named as additional insured on the General Liability policy via an Additional Insured Endorsement, with respect to liability arising out of the permitted event.

The Certificate of Liability must include the following language in the Certificate Holder Box:

City of Atwater, its officials, officers, agents, employees, and volunteers:
1160 Fifth Street, Atwater, CA 95301.

The Certificate of Liability must include the following language in the Description Box:

The City of Atwater, its officials, officers, agents, employees, and volunteers shall be named as an additional insured under the General Liability and Liquor Liability (if applicable) policies. All Liability policies are Primary and Non-Contributory. 30-day notice of cancellation will be provided to the Certificate Holder.

6. Assignment. The Committee shall not assign this Agreement, or any interest therein, or any part hereof or any right or privilege or suffer any other person to occupy or use the Park and Premises, or any portion thereof, without the written consent of City. Assignment without City’s consent shall be void and shall at City’s option, immediately terminate this Agreement.

7. Delivery of Park and Premises. The Committee, at the expiration of this Agreement, promises and agrees to deliver unto the City the Park and Premises in the same condition as at the date of the execution of this Agreement. The Committee shall make at the Committee’s sole expense any repairs, changes, or modifications in, on, or to the Park and Premises required by any of the foregoing.

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3 8. Compliance with all Laws. The Park and Premises shall not be used for any illegal purpose; and the Committee, in using the Park and Premises, shall comply with all federal, state, and local laws, statutes and ordinances, rules, regulations, polices, procedures, orders and directives.

9. Termination. Either party shall have the right to terminate this Agreement for just cause by personally serving the other party with written notice of the election to terminate this Agreement. Said written notice shall be personally served upon the other party no less than ninety (90) days prior to the expressed date of termination.

10. Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto and there are no other provisions or understandings, oral or written.

This agreement may not be changed or modified except in writing and signed by the parties hereto.

11. Notice. Any notice of communication between City and the Committee shall be deemed validly served upon deposit in the United States mail, registered and proper postage prepaid, addressed to the respective party at the address as either party may designate to the other in accordance with the provisions hereof:

To Committee:

Atwater Fourth of July Committee
Jim Price, President
PO Box 4, Atwater CA, 95301
[email protected]
209-355-4912
To City:

City of Atwater
Lori Waterman, City Manager
1160 Fifth Street, Atwater CA 95301
[email protected]
209-357-6300
[Signatures on following page]

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4 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on this 4th day of July 2023.

CITY OF ATWATER ATWATER FOURTH OF JULY COMMITTEE
a California municipal corporation
______________________________
Lori Waterman, City Manager Jim Price, President
________________ ________________
Date Date
ATTEST:

Kory J. Billings, City Clerk
____________
Date
APPROVED AS TO FORM:

Frank Splendorio, City Attorney
____________
Date

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5 Exhibit “A”

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CITY COUNCIL

AGENDA REPORT

MEETING
DATE:

June 12, 2023
TO: Mayor and City Council
FROM: Lori Waterman, City Manager

PREPARED
BY:

Janell Martin
SUBJECT: Approving Use Agreement with Merced Running Club regarding use of Certain City Streets (City Manager Waterman)

RECOMMENDED COUNCIL ACTION
Approves a Use Agreement, in a form approved by the City Attorney, with the Merced Running Club for the use of Certain City Streets; and authorizes and directs the City Manager, or her designee, to execute the Use Agreement, on behalf of the City.

I. BACKGROUND/ANALYSIS:

The Merced Running Club is a nonprofit corporation formed for the purpose of promoting and encouraging running for fitness and as a competitive sport, conducting races and fun runs throughout the year and promoting local running events. The Running Club provides a Fourth of July celebration run for the community, locally and regionally, by encouraging the community to run together and donating to local community organizations, such as the Fourth of July Committee. The Agreement is provided to the Running Club for the primary purpose of providing a public benefit to the residents of the City. The use of certain City streets ("Premises") by the Running Club shall be coordinated with the City Manager, and subject to his or her approval.

There has not been a prior Use Agreement between the City of Atwater ("City") and the Merced Running Club ("Club"). The Club has appeared annually before the Planning Commission and City Council in years past.The Use Agreement allows for transparency and communication with all City Departments.

The term of this Agreement shall commence on July 4th, 2023 and shall end as of July 4th, 2028 (“Initial Term”). The Running Club shall have the option to request to extend the Initial Term by an additional five (5) years (an “Extended Term”) by first giving written request to City not fewer than ninety (90) days prior to the expiration of the Initial Term of this Agreement. The City Manager reserves its right to approve or reject, in whole or in part, the Running Club’s request to so extend.

II. FISCAL IMPACTS:

CITY COUNCIL
Mike Nelson, Mayor
Danny Ambriz Tyler Button
John Cale Brian Raymond

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Atwater City CouncilJune 12, 2023

Atwater City Council
June 12, 2023