Avalon City Council
August 5, 2025

encroachment or the permit.

By affixing your signature in the box below, you agree that such signature will be the electronic representation of your signature to be valid and binding upon you for all purposes when you (or your agent) affix below, including on legally binding contracts, just the same as a hand-written signature.

Applicant Signature
Date 06/18/2025
Terms and Conditions of Permit
This permit is revocable upon thirty (30) days within notice from the City to applicant at the address listed.

The City Council has determined that the issuance of this permit is necessary or desirable, it does not create a substantial adverse impact on papers or property and it does not adversely affect the public health, welfare and safety.

As a condition of issuance of this permit, applicant shall execute a recordable covenant running with the land, in a form approved by the City Attorney, which (a) surrenders possession of the encroachment structure, releasing the City from all claims in the event that the City determines to widen or improve the street, alley, parkway, or other public place where the encroachment is located, and (b) indemnifies, defend and holds the City harmless from all liability and damages and from costs of suit, including attorney fees, arising from the encroachment or the permit. (Code Sec. 4-

9.107)
Applicant shall construct and maintain all encroachment structures in accordance with the plans and specifications submitted to the City in this Application , and shall maintain and keep all encroachments in clean and safe condition for the term of the permit.

Encroachment structures shall be removed by the expiration of ther permit term or within 30 days of written notice of revocation of the permit by the City to applicant. If applicant fails to timely remove the encroachment or fails to comply with the terms of the encroachment permit, the City may remove or cause the removal of the encroachment and applicant shall be liable for all costs incurred by the City for such action. (Code Sec. 4-9.110)

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ENCROACHMENT

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MEETING DATE:

ORIGINATING DEP:

PREPARED BY:

SUBJECT:

CITY OF AVALON CITY COUNCIL
August 5, 2025
Public Works
AGENDA ITEM: JO
CITY MANAGER: ~
Jackeline Cordero, Public Works Director
Contract for the Operations, Management, Maintenance, and Monitoring of the City of Avalon Wastewater System
RECOMMENDED ACTION(S): Authorize the City Manager to approve a contract with PERC Water Corporation for an additional five-year term for the operation, management, maintenance, and monitoring of the City of Avalon Wastewater System. Designate funds from FY 25-26 Sewer, Saltwater, and Storm Drain Budget Accounts. Total expenditure is not-to-exceed $2,464,335 annually.

REPORT SUMMARY: In July 2012, the City of Avalon (City) entered into a five-year agreement with Montrose Water and Sustainability Services, Inc. (formally Environ Strategy Consultants, Inc.) for the operations, management, maintenance, and monitoring of the Wastewater Treatment Plant, collection system, and saltwater distribution system (Wastewater System). The agreement was initially extended for two, one-year extensions expiring June 30, 2019. While negotiations of a renewed agreement were ongoing , City Council approved several extensions:
• Sixty-two (62) day extension on July 2, 2019
• Forty-five (45) day extension on September 17, 2019
• Sixty (60) day extension on October 15, 2019
• Three (3) days ending on December 17, 2019
• On December 17, 2019, the City Council authorized a renegotiated agreement for a five (5) year period ending on December 15, 2024.

In early 2022, Montrose notified City Staff of their intention to exit the water and wastewater service market. Though Montrose indicated it could fulfill the remaining term of the agreement, Staff and Montrose agreed to better ensure a smooth operational transition , assigning the remaining term of the agreement to a qualified operator was in the City's best interest. Staff were approached by two firms interested in the assignment of the remainder of Montrose's agreement - PERC Water Corporation (PERC Water) and Water Quality Specialists. After an informal interview and vetting process, City Staff conducted a detailed analysis of the two firms and recommended assigning the remainder of the agreement (and potential 3-to-5-year extension) with PERC Water.

On July 1, 2023, the City formally entered into an agreement with PERC Water Corporation for the operation, management, maintenance, and monitoring of the City of Avalon's Wastewater System. PERC Water worked cooperatively with Montrose and City Staff on a detailed Transition Plan and schedule. PERC Water's current contract term expired December 15, 2024. While negotiations of a new agreement were ongoing , the City Council authorized the City Manager to execute a letter of understanding with PERC Water to continue their contract for a 6-month period with a 3% CPI adjusted rate. After six months, negotiations continued, and the contract terms were extended for another 90 days.
• Six (6) month extension effective December 16, 2024, through June 30, 2025 • Ninety (90) day extension effective July 1, 2025, through September 30, 2025 PERC Water has over 25 years of experience in water and wastewater infrastructure, operations, and management. During their tenure with the City, they have consistently delivered quality service, meeting or exceeding all performance expectations and regulatory compliance standards, including the City's NPDES permit requirements. Their operational approach emphasizes preventative maintenance and long-term planning, which has resulted in improved system reliability.

Under the proposed agreement, PERC Water will continue to provide 24/7 on-call support, utilize a Computerized Maintenance Management System (CMMS) to track and manage asset performance, and generate detailed monthly and annual reports to ensure transparency and accountability. They will be responsible for operating and maintaining the wastewater treatment plant, saltwater distribution system, collection system , and lift stations. All defined within the scope of work of the agreement.

PERC Water has demonstrated its commitment to the City through local staffing and responsive communication. In addition to the on-island operations team, PERC has a network of over 50 certified technical and support personnel, as well as numerous resources in all wastewater disciplines to call upon for various specialized services, including compliance monitoring, emergency response, and capital planning. Their continued service ensures essential continuity of operations that directly support the health, safety, and environmental sustainability of the Avalon community and surrounding coastal ecosystems.

FISCAL IMPACTS: Total expenditure is not-to-exceed $2,464,335 annually. The funding for the City of Avalon's wastewater operations, maintenance, management, and monitoring is included in the FY 25-26 Budget and allocated between the Sewer, Saltwater, and Storm Drain Funds as outlined below:
• VWI/TP Contracted Services - Sewer (10725-5109)
• VWI/TP Contracted Services - Saltwater (11225-5109)
• VWI/TP Contracted Services - Storm Drain (12425-5109) • Emergency Maintenance (10725-5720)
• Professional Services - H2S Control ( 10725-5009)
The City was responsible for purchasing the required chemicals under the prior contract and budgeted separately from the contracted services. The proposed agreement consolidates the cost of contracted services, maintenance, and emergency repairs to help enhance operational efficiency, tracking , and improving cost management.

GOAL ALIGNMENT: Infrastructure sustainability.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: If the contract is not approved, the City would revert to a month-to-month service agreement with PERC Water or initiate a formal Request for Proposals (RFP) process. This could result in increased operational uncertainty, potential staffing turnover, regulatory compliance risks , and service interruptions - particularly concerning for a remote island community with limited operational redundancy.

FOLLOW UP ACTION: City Council approve five-year contract extension.

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:

1. Draft of Five-Year Agreement for the Operation, Maintenance, Management, and Monitoring of the City of Avalon Wastewater System.

AGREEMENT
for
OPERATIONS, MAINTENANCE and
MANAGEMENT SERVICES for
The City of Avalon
percwater

DESIGN I BUI LD I OPERATE
City of Avalon and PERC Water_OM Services Agreement

AGREEMENT FOR OPERATIONS, MAINTENANCE

AND MANAGEMENT SERVICES
THIS AGREEMENT is made and entered into this _ __ day of _ ____ 20_, ("Effective Date") by and between the City of A val on whose address for any formal notice is ("Owner") and PERC Water whose address for any formal - - - ---------- notice is _____________ ("Contractor"), collectively referred to as the "Parties".

STATEMENT OF PURPOSE
WHEREAS, the Owner owns certain facilities and systems which are further described m Appendix C; and
WHEREAS, Owner desires to employ Contractor to perform certain operation and maintenance services as further described in Appendix A under the terms and conditions set forth in this Agreement.

NOW THEREFORE, Owner and Contractor agree as follows:

1. DEFINITIONS

1.1 "Adequate Nutrients" means plant influent nitrogen, phosphorous, and iron contents proportional to BODs in the ratio of five (5) parts nitrogen, one (I) part phosphorous, and one-half (0.5) part iron for each one hundred ( I 00) parts BODs.

1.2 "Applicable Laws, Plans, Policies, and Regulations" means any federal, State or local statute, regulation, ordinance, rule, mandate, order, decree, permit, code, plan, policy or license requirement or other governmental requirement or restriction, or any interpretation or administration of any of the foregoing by any responsible governmental authority, which applies to the Services or obligations of either Party under this Agreement.

1.3 "Base Fee" means the compensation paid by Owner to Contractor for the base services defined in Appendix A of this Agreement for any contract year of the Agreement. The Parties will renegotiate the Base Fee annually. The Base Fee specified in Appendix D includes Owner's expenses for operating the project as set forth in Appendix D. The Base Fee does not include payments for services requested by Owner that are incidental to or outside the Scope of Services as defined in Appendix A.

I .4 "Biologically Toxic Substances" means any substance or combination of substances contained in the plant influent in sufficiently high concentrations so as to interfere with the biological processes necessary for the removal of the organic and chemical constituents of the wastewater required to meet the discharge requirements of any of Owner's Permits as listed in Appendix B. Biologically Toxic Substances include but are not limited to heavy metals, phenols, cyanides, pesticides, and herbicides.

1.5 "BODs" means Biochemical Oxygen Demand over a five (5) day period.

City of Avalon and PERC Water_OM Services Agreement

1.6 "Capital Expenditures" means any expenditures for (i) the purchase of new equipment or facility items that cost more than Five Thousand Dollars ($5 ,000.00); (ii) Major Repairs that significantly extend equipment or facility service life and cost more than Five Thousand Dollars ($5,000.00); or (iii) expenditures that are planned, non-routine, and budgeted by Owner. Capital Expenditures are not Repairs. Owner is responsible for payment of Capital Expenditures, unless otherwise agreed to by the Parties.

1.7 "Change in Scope" means events or services beyond the Scope of Services set forth in Appendix A.

1.8 "Commencement Date" means the date services will begin for the Owner under this Agreement as defined in Section 2.1.

1.9 "Initial Term" means the first term of the Agreement as defined in Section 2.1.

1.10 "Permit" means the permits issued to the Owner for the operation of its facilities and services. This includes the NPDES Permit Nos. CA0054372 or any permits required for the operation of the wastewater treatment facility.

1.11 "Preventive Maintenance" means routine and/or repetitive act1v1t1es required or recommended by the equipment or facility manufacturer or Contractor to maximize the service life of the equipment, sewer, vehicles, and facility.

1.12 "Project" means all equipment, vehicles, grounds, and facilities described in Appendix C and Appendix E.

1.13 "Renewal Term" means any additional term of this Agreement beyond the Initial Term of the Agreement as defined in Section 2.1.

1.14 "Repairs" means non-routine/non-repetitive act1v1t1es required for operational continuity, safety, and performance generally resulting from failure or necessary to avert a failure of the equipment, sewer, vehicle, or facility or some component thereof.

1.15 "Repair Limit" means the total Repair expenditures for the Project included as part of the Base Fee. Contractor will bill the Owner for the Repair Limit specified in Appendix D. The Repairs Limit does not include site labor costs for Repairs performed by Contractor staff assigned to the Project. However, Contractor's specialized maintenance personnel not assigned to the Project, who provide specialized services, including, but not limited to, vibration, thermographic and electrical analyses, instrumentation repairs will be charged separately on a time and materials basis plus per the annually updated Rate Schedule specified in Appendix F. The Repair Limit is subject to annual adjustment as agreed upon by Owner and Contractor.

1.16 "Unforeseen Circumstances" means any event or condition that influences the rights or obligations of the Parties under this Agreement or the Project beyond the reasonable control of the party, which constitutes a justification for a delay in or non-performance of action required by this Agreement. Unforeseen Circumstances include, but are not limited to:

City of Avalon and PERC Water_OM Services Agreement

1.16.1 an act of God, landslide, lightning, earthquake, tornado, fire, explosion, flood , failure to possess sufficient property rights, acts of the public enemy, war blockade, sabotage, insurrection, riot or civil disturbance or a pandemic event;

1.16.2 any change in law, regulation, rule, requirement, interpretation or statute adopted, promulgated, issued or otherwise specifically modified or changed by any local, state, provincial, federal or other governmental body;

1.16.3 labor disputes, strikes, work slowdowns or work stoppages, but excluding labor disputes, strike or work slowdowns or stoppages by employees of Contractor;

1.16.4 the presence of Biologically Toxic Substances in the influent or the presence of hazardous wastes, materials or liquids in the influent or raw water supply, which detrimentally affect the machinery, infrastructure or processes at the Project; and/or

1.16.5 loss of or inability to obtain service from a utility necessary to furnish power for the operation and maintenance of the Project.

2. TERM
The Initial Term of this Agreement will be for five (5) years commencing on July I, 2025 (the "Commencement Date"). Thereafter, this Agreement will be automatically renewed for successive terms of five (5) years each ("Renewal Term"), unless cancelled by either party not less than one hundred twenty ( 120) calendar days prior to expiration.

2.1 Either party may terminate this Agreement for a material breach by the other party if the other party fails to correct the breach within thirty (30) calendar days after receiving written notice of the breach. In the event of a breach by Owner for non-payment of Contractor's invoices, Contractor may terminate this Agreement if Owner fails to make outstanding payments on non-contested amounts within ten ( 10) calendar days after receiving written notice of the breach.

2.2 Upon notice of termination by Owner, Contractor shall assist Owner in assuming operation of the Project. If Contractor incurs additional cost at the request of Owner, Owner shall pay Contractor for the total cost incurred within fifteen (15) calendar days of invoice receipt.

2.3 Upon termination of this Agreement and all renewals and extensions of it, Contractor shall return the Project to Owner in the same condition as it was upon the Commencement Date of this Agreement, excluding ordinary wear and tear. Equipment and other personal property purchased by Contractor for use in the routine operation or maintenance practices of the Project and billed to the Project will become the property of the Owner upon termination of this Agreement. However, any equipment or personal property purchased by Contractor and not billed to the Project will be the property of Contractor and removed from the Project by Contractor at the termination of this Agreement.

City of Avalon and PERC Water_OM Services Agreement

3. SERVICES AND ST AND ARD OF PERFORMANCE

3.1 Contractor shall perform the services set forth in Appendix A for the facilities described in Appendix C, within the design capacity and capability of these facilities as further described in Appendix B.

3.2 Contractor shall perform the services with the degree of skill and diligence normally employed by operations and maintenance personnel performing the same or similar services.

4. OWNER RESPONSIBILITIES

4.1 The Owner shall pay for all capital expenditures and utilities, including electricity and spare parts. Contractor will not allocate capital expenditure against the Repair Limit unless otherwise agreed to by the Parties. Any loss, damage or injury resulting from Owner's failure to provide Capital Expenditures and/or funds when reasonably requested by Contractor shall be the sole responsibility of Owner.

4.2 The Owner shall pay for all utilities for all operating facilities, including electricity, natural gas, potable water, general fuel, and telecommunications for remote monitoring and dialing.

4.3 The Owner shall maintain and renew, with respect to all existing portions of the Project, warranties, guarantees, easements, permits, authorizations and licenses granted to the Owner, to the extent the maintenance is not a responsibility of Contractor under this Agreement. All land, buildings, facilities, easements, licenses, structures, rights-ofway, equipment and vehicles presently or subsequently acquired by Owner will remain the exclusive property of Owner unless specifically agreed upon in writing by the Parties.

4.4 The Owner shall pay all amounts associated with the occupancy or operation of the Project and the performance of the obligations as listed in Appendix A including, but not limited to, all excise, ad valorem, property, franchise, occupational and disposal taxes, or other taxes associated with the Project. Taxes imposed upon Contractor's net income and/or payroll taxes for Contractor employees are not included.

4.5 The Owner shall provide Contractor within a reasonable time after request, any piece of Owner's heavy equipment that is available so that Contractor may discharge its obligations under this Agreement in the most cost-effective manner. In emergency situations, Owner will use its best efforts to provide the requested equipment within one (I) hour of the request.

4.6 When applicable, the Owner shall provide all registrations, licenses and insurance for Owner's vehicles and heavy equipment used in connection with the Project.

4. 7 The Owner shall provide Contractor use of all vehicles and equipment currently in use at the Project, including the vehicles described in Appendix E. Vehicles and City of Avalon and PERC Water_OM Services Agreement
equipment will be in road safe condition. Owner will be responsible for the cost of maintenance and fuel for vehicles and equipment, unless otherwise agreed to between the Parties. Owner shall retain title and ownership of the vehicles and equipment provided. Use of the vehicles and equipment by Contractor will be limited to duties within the course and scope of this Agreement, unless otherwise agreed to in writing by the Parties. The Parties may supplement this Agreement to provide for an agreed schedule of replacement of the vehicles and equipment and provision of any other insurance coverage deemed necessary or appropriate.

4.8 The Owner agrees to not offer employment or other compensation to Project Management personnel of Contractor directly working on this Project, for a period of two (2) years after the end date of this Agreement or re-assignment of Project personnel from this Project.

4.9 Owner shall provide to Contractor all data in Owner's possession relating to the Project, including, but not limited to, operations and maintenance manuals, warranties or any other data necessary to operate, manage and maintain the Project. Contractor may reasonably rely upon the accuracy and completeness of the information provided by the Owner.

4.10 Owner warrants that during the interim period between the initial Project inspection by Contractor during the bidding process and the commencement of Contractor's services identified in Appendix A, the Project, facilities and equipment have been operated only in the normal course of business, all scheduled and proper maintenance has been performed, and there are no issues known to Owner regarding the condition of the facilities or the Project and/or any equipment used by the Project or facilities. Owner warrants and agrees that it will turn over the Project, facilities and equipment to Contractor in good working order and in compliance with the NPDES permit(s) and all other applicable laws, rules and regulations. In the event Owner fails to comply with the provisions of this clause, Owner will be liable for all costs incurred by Contractor resulting from such failure.

4.11 Owner shall locate and repair leaks and breaks in the Collection System/Saltwater Distribution System while minimizing service interruption and pedestrian traffic inconveniences, make service connections utilizing the best techniques and devices available, and plan and carry out system flushes. Owner shall uncover the area, complete the necessary repair(s), backfill and restore the area as identified in the Owner's GIS.

4.12 Owner shall respond to unauthorized release, discharge, leak, or spill of influent, effluent, or residuals into the environment from or in connection with its operation, management, maintenance, and monitoring of the WWTP system. Owner is responsible for any such cleanup and remediation unless such liability arises out of the negligence or willful misconduct of Contractor its employees or its subcontractors in the performance of services under this Agreement.

City of Avalon and PERC Water_OM Services Agreement

4.13 Owner shall provide for the disposal of screenings, grit, scum, sludges, and biosolids (collectively, "Residuals") to existing disposal sites.

5. COMPENSATION AND PAYMENT
Appendix D describes compensation for services.

6. INDEMNITY AND LIABILITY

6.1 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless the Owner, its departments, officials, officers, employees, agents, representatives, , and their respective agents, servants, directors, officers, and employees, from and against any and all claims, damages, losses, liabilities, fees, fines, or expenses, including, but not limited to, reasonable attorney fees and court costs, whether arising prior to or after the execution or termination of this Agreement ("Claim"), relating to, arising from, or resulting from: (a) any act, error or omission, or willful misconduct of Contractor (or its employees, agents, or contractors engaged directly by Contractor) in connection with or with respect to the performance of this Agreement or the performance of any of its obligations hereunder; (b) any violation of Applicable Law, Plans, Policies, and Regulations, resulting or arising, directly or indirectly, from any act, error or omission, or willful misconduct of Contractor (or its employees, agents, or contractors engaged directly by Contractor) in connection with or with respect to the performance of this Agreement or the performance of any of its obli gations hereunder; (c) the breach by Contractor of any other obligation hereunder, including the breach by Contractor of any warranties or representations made or given in, or pursuant to, or in connection with this Agreement; (d) any claim that the Agreement constitutes an infringement on rights claimed by third parties; (e) employees, subcontractors, or agents filing an employment disability and/or workers' compensation claim; or (f) any execution, lien, levy, garnishment, or other claim made or filed by a third party, if arising from the Agreement, against the Owner, Owner indemnitee, or the Owner's facilities, except such Claim caused by the sole negligence or willful misconduct of the Owner. Contractor agrees to defend, at its sole cost and expense, the Owner in any action or proceeding arising out of any such Claim and to pay promptly all costs and expenses arising in connection with such defense, including attorneys' and expert witnesses' fees. Contractor shall retain complete control of the defense and settlement of any such Claim, provided that no settlement of an indemnified Claim shall be made without the consent of the Owner, such consent not to be unreasonably withheld or delayed. The Owner shall reasonably cooperate in the defense as Contractor may request. The Owner shall have the right to participate in the defense against the indemnified Claims with counsel of its choice at its own expense.

6.2 To the fullest extent permitted by law, Owner shall indemnify, defend, and hold harmless the Contractor, its departments, officials, officers, employees, agents, representatives, and their respective agents, servants, directors, officers, and employees, from and against any and all claims, damages, losses, liabilities, fees, fines, or expenses, including, but not limited to, reasonable attorney fees and court costs, City of Avalon and PERC Water_OM Services Agreement
whether ansmg prior to or after the execution or termination of this Agreement ("Claim"), relating to, arising from, or resulting from: (a) any act, error or omission, or willful misconduct of Owner (or its employees, agents, or contractors engaged directly by Owner) in connection with or with respect to the performance of this Agreement or the performance of any of its obligations hereunder; (b) any violation of Applicable Law, Plans, Policies, and Regulations, resulting or arising, directly or indirectly, from any act, error or omission, or willful misconduct of Owner (or its employees, agents, or contractors engaged directly by Owner) in connection with or with respect to the performance of this Agreement or the performance of any of its obligations hereunder; (c) the breach by the Owner of any warranties or representations made or given in, or pursuant to, or in connection with the Agreement; or (d) the breach by the Owner of any other obligation hereunder, except such Claim caused by the sole negligence or willful misconduct of the Contractor. The Owner agrees to defend, at its sole cost and expense, Contractor in any action or proceeding arising out of any such Claim and to pay promptly all costs and expenses arising in connection with such defense, including attorneys' and expert witnesses' fees. The Owner shall retain complete control of the defense and settlement of any such Claim, provided that no settlement of an indemnified Claim shall be made without the consent of Contractor, such consent not to be unreasonably withheld or delayed. Contractor shall reasonably cooperate in the defense as the Owner may request. Contractor shall have the right to participate in the defense against the indemnified Claims with counsel of its choice at its own expense.

6.3 If both Contractor and the Owner are found by an independent fact finder to be negligent, and the negligence of both is the proximate cause of such claim for Damages, then, in that event, each party shall be responsible for the portion of the liability equal to such party's comparative share of the total negligence subject, however, to any comparative fault laws of the governing jurisdiction to the contrary.

6.4 Contractor's responsibility is to operate the facilities in compliance with current Applicable Law, Plans, Policies and Regulations, to the extent of their design and physical capacity. It is not part of Contractor's scope to test for or eliminate water borne bacteria or viruses except as required by current Applicable Law, Plans, Policies and Regulations. It is not part of Contractor's scope to comply with new Applicable Law, Plans, Policies and Regulations that contain effluent limitations or Maximum Contaminant Levels that are beyond the capability of the Owner's facilities to the extent Contractor notified the Owner of the Owner's inability to meet new Applicable Law, Plans, Policies and Regulations.

7. HAZARDOUS SUBSTANCES

7. I If Contractor encounters or suspects asbestos or hazardous substances in any form on the facilities, Contractor will stop its own work in the affected portions of the facilities to permit testing and evaluation.

7.2 rf Contractor suspects asbestos on the facilities, Owner will have, in a timely manner, a qualified contractor perform evaluation and remediation services. Contractor will City of Avalon and PERC Water_OM Services Agreement
have no obligation to resume its performance of the services until it receives adequate proof that the affected area is treated.

7.3 If Contractor suspects hazardous substances other than asbestos on the facilities where Contractor performs services, the Parties may agree for Contractor to conduct tests to determine the extent of the hazardous condition and recommend necessary remedial measures. Contractor will perform these services under a separate agreement negotiated by the Parties and for an additional fee.

7.4 Contractor will not be liable for any delays in performing the services caused by or related to the presence of asbestos or another hazardous substance.

7.5 In the event that Owner requests Contractor, in the performance of the services set forth herein, to execute Hazardous Waste Manifests on its behalf, Owner must execute a Letter of Authorization, the form of which will be agreed upon by both Parties, delegating such authority to Contractor prior to Contractor undertaking this duty.

7.6 The Parties agree that in the performance of services by Contractor under this Agreement, Owner is requesting Contractor to undertake inherently unsafe obligations for Owner's benefit involving the presence or potential presence of hazardous substances. Therefore, Owner agrees to hold harmless, indemnify, and defend Contractor from and against any and all claims, losses, damages, liability, and costs including, but not limited to, costs of defense arising out of or in any way connected with the presence, discharge, release, or escape of contaminants of any kind, unless such liability arises out of the negligence or willful misconduct of Contractor its employees or its subcontractors in the performance of services under this Agreement.

8. FINES AND CIVIL PEN AL TIES

8.1 Notwithstanding Section 6.1, Contractor is responsible for all fines and civil penalties for an event of noncompliance with Applicable Laws, Plans, Policies, and Regulations, except for fines or civil penalties that result from violations (i) that occurred prior to the Commencement Date of this Agreement; (ii) penalties that result from inadequate infrastructure or investment in the technology necessary to comply with Applicable Laws, Plans, Policies, and Regulations and/or changes thereto, provided that the Contractor has first informed the Owner in writing of such inadequacy and the potential consequences. The Parties further warrant that, as of the Commencement Date of this Agreement, the Project is capable of meeting all Applicable Laws, Plans, Policies, and Regulations.

9. INSURANCE

9.1 Contractor shall provide the following insurance policies throughout the term of the Agreement, and shall provide to Owner a Certificate of Insurance (COi) demonstrating compliance with this provision:

City of Avalon and PERC Water_OM Services Agreement

9.1.1 Worker's Compensation providing statutory coverage and Employer's Liability Insurance providing limits of $2,000,000 each accident, $2,000,000 disease-each employee, and one (I) $2,000,000 disease-policy limit.

9.1.2 Business Automobile Insurance providing $1,000,000 combined single limits covering claims for injuries to members of the public and/or damages to property of others arising from the use of Contractor owned or leased motor vehicles, including onsite and offsite operations. Limits may be satisfied using primary and excess/umbrella policies.

9.1.3 Commercial General Liability Insurance providing limits of Fifteen Million Dollars ($15 ,000,000) per occurrence and aggregate, covering claims for injuries to members of the public or damages to property of others arising out of any covered act or omission of Contractor or any of its employees or subcontractors for whom Contractor is legally liable. Limits may be satisfied through the use of primary and excess/umbrella policies.

9.1.4 Contractor's Pollution Liability (CPL) Insurance providing limits of $15,000,000 per claim and aggregate. CPL coverage will provide for liability due to pollution conditions caused by or exacerbated by Contractor and will include coverage related to the remediation of pollutants and for third-party claims alleging bodily injury and/or damage to third-party property due to pollutants. Claims made coverage will include a retroactive date that predates all Work executed per this Agreement.

9.1.5 Excess Liability coverage for $5,000,000 per occurrence and aggregate per policy period.

9.2 Contractor shall add Owner and Owner's directors, officers, employees, and representatives as additional insured in Contractor's commercial general liability, automobile liability, excess/umbrella, and contractor's pollution liability policies.

9.3 Contractor's commercial general liability, automobile liability, employer's liability, excess/umbrella, and contractor's pollution liability policies will be primary and noncontributory to any other coverage available to Owner.

9.4 Contractor's policy will provide at least thirty (30) days written notice to Owner prior to any cancellation, non-renewal or material change in coverage contemplated m Section 9 (except ten (10) days' notice for non-payment of premium).

9.5 Owner shall maintain the following insurance policies throughout the term of the Agreement, and shall provide Contractor with a COi to demonstrate compliance with this provision:

9.5.1 "All Risk" Property Insurance covering all property on a replacement cost basis and including Owner-supplied vehicles and equipment for the full fair market value of such property.

City of Avalon and PERC Water_OM Services Agreement

9.5.2 Liability Insurance covering all motor vehicles and equipment provided by Owner and operated by Contractor under this Agreement.

9.6 Owner and Contractor shall provide a waiver of subrogation against the other insurance policies required under Section 9, and each party shall waive any claim against the other arising in contract or in tort that are covered by their respective insurance policies identified under Section 9.

9.7 Certificates oflnsurance ("COi").

9.7.1 The Parties shall provide a COi evidencing the required insurance policies and endorsements reflecting the coverage requirements herein, limits, term of insurance, insured parties, and other information sufficient to demonstrate conformance with this Section 9 and its subsections. Certificates of insurance will reference the project name as identified on the first page of this Agreement.

9.7.2 In the event the COi provided indicates that any required insurance will expire during the period of this Agreement, the party shall furnish , on or before the expiration date, a renewed COi as proof that equal and like coverage for the balance of the period of the Agreement and any extension thereafter has been procured and in effect.

9.7.3 In the event a COi evidencing the renewed coverage is not available prior to the pol icy renewal date, that party shall provide to the other party, within fifteen (15) days of the policy's(ies') renewal date(s). The party shall furnish the insurance certificates to the other party immediately upon the first party's receipt.

City of Avalon and PERC Water_OM Services Agreement

10. LABOR AND RELATED DISPUTES
I 0.1 In the event activities by Owner's employee groups or unions cause disruption in Contractor's ability to perform its obligations under this Agreement, Owner, with Contractor's assistance, or Contractor at its own option, may seek appropriate injunctive court orders during any such disruption. Contractor shall operate the facilities on a bestefforts basis until any such disruptions cease, but Contractor will not be obligated to assure compliance with all contract conditions.

10.2 Contractor shall pay prevailing wages as required by Applicable Laws, Plans, Policies, and Regulations, including the provisions of Section I 770 et seq. of the Labor Code of the State of California. Contractor shall keep or cause to be kept an accurate record for work that is subject to prevailing wage showing the names, addresses, social security numbers, work classification, straight time and overtime hours worked and occupations of all workers employed in connection with the performance of this Agreement, and showing also the actual per diem wage paid to each of such workers, which records shall be open at all reasonable hours to inspection by Owner and the representatives of the Division of Labor Law Enforcement of the State Department of Industrial Relations. To the extent that any performance of this Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations, Contractor will comply with all such requirements in connection therewith.

11. UNFORESEEN CIRCUMSTANCE

11.1 Neither party will be liable for damages, delays, or failure to perform its obligations under this Agreement if such fa ilure is due to any Unforeseen Circumstance beyond its reasonable control. The party invoking this clause shall notify the other party immediately by verbal communication and in writing of the nature and extent of the contingency within ten ( 10) business days after its occurrence and shall take reasonable measures to mitigate any impact of an Unforeseen Circumstance.

11.2 In the case of Unforeseen Circumstances, Owner agrees to pay any costs (including without limitation all overtime charges and additional equipment charges) incurred by Contractor in connection with the Unforeseen Circumstance unless the Unforeseen Circumstance is caused by the negligent or willful misconduct of the Contractor.

12. ACCESS TO FACILITIES AND PROPERTIES

12.1 Owner will make its facilities accessible to Contractor as required for Contractor's performance of its services and will secure access to any other Owner property necessary for performance of Contractor's services.

12.2 Contractor will provide 24-hour per day access to Project for Owner's personnel.

Owner's employees, designated by Owner's Representative, may visit the Project at any time. Contractor will provide Owner keys for the Project. All visitors to the Project shall comply with Contractor's operating and safety procedures.

13. CHANGES
City of Avalon and PERC Water_OM Services Agreement

13.1 Owner and Contractor, from time to time, may make changes to this Agreement or to any of the services performed under this Agreement. The Parties must mutually agree upon all changes. Changes must be in writing in the form of a change order, modification or amendment to the Agreement executed by both Parties.

13.2 Owner and Contractor may agree to "additional services" performed under the terms of this Agreement. The Parties must mutually agree upon additional services and shall be in writing. Compensation for the additional services will be invoiced to Owner in an amount equa I to Contractor's cost-plus fifteen percent ( 15% ), unless otherwise agreed to by the Parties, and will be due and payable by Owner commencing the month following the out of scope services.

13.3 In the event scope of services change ("Change in Scope") for the services set forth in Appendix A, Contractor will be entitled to additional compensation if the Change in Scope results in additional costs to Contractor for providing such services. The occurrence of one or more of the following events wi 11 constitute a Change in Scope:

13.3.1 Any change in Project operations, personnel qualifications, required certification, staffing or other cost that is a result of the issuance of a new permit or a permit renewal.

13.3.2 Increases of ten percent ( I 0%) or more in the Wastewater Treatment Plant influent flow or loadings, as set forth in Appendix B, as demonstrated by a twelve (12) month floating average compared to the prior twelve (12) month period. The Parties must mutually agree upon compensation for the Changes in Scope.
13 .3.3 Increases in Contractor's health care costs above the applicable CPI or ECI for the twelve ( 12) month period for which the annual increase is calculated.

In the event health care costs increase, Contractor is entitled to increase its Base Fee in excess of the formula set forth in Appendix D.4, in an amount equal to the increase in costs.

13.3.4 Increases or decreases in rates or other related charges (including taxes) imposed upon Contractor by a taxing authority, excluding taxes based on Contractor's net income. In the event rates or other related charges change, the Parties may increase or decrease the Base Fee by an amount equal to cost differential associated with the change.

13.3.5 Support services provided by Contractor for Owner's capital projects. Parties must mutually agree upon compensation for the Changes in Scope.

14. WARRANTIES

14.1 To the best of its knowledge, Contractor warrants that all materials and equipment furnished under this Agreement will be of good quality and free from defective workmanship and materials.

City of Avalon and PERC Water_OM Services Agreement

14.2 Contractor shall pass through to Owner the warranty extended by the manufacturer for all products, equipment, systems or materials.

14.3 All other warranties, express or implied, including any warranty of merchantability and any warranty of fitness for a particular purpose are expressly disclaimed.

15. NO THIRD PARTY BENEFICIARIES
This Agreement gives no rights or benefits to anyone other than Owner and Contractor and has no third party beneficiaries.

16. JURISDICTION
This Agreement will be governed by and interpreted in accordance with the laws of the State of California.

17. SEVERABILITY AND SURVIVAL
If any of the provisions contained in this Agreement are held for any reason to be invalid, illegal, or unenforceable, the enforceability of the remaining provisions will not be impaired thereby.

18. AUTHORITY
Both Parties represent and warrant to the other party that the execution, delivery and performance of this Agreement have been duly authorized by the responsible parties thereof. Both Parties warrant that all required approvals have been obtained and the executing party has authority to bind the party.

19. NOTICE
Whenever either party desires to give notice to the other, notices must be in writing, sent by certified United States mail with return receipt requested, hand delivered or by national commercial express delivery service, to the addresses listed in introductory paragraph of this Agreement. Notice will be deemed given upon receipt by any method of delivery authorized in this provision.

20. NO WAIVER
The failure of any party at any time to require performance of any provision or to resort to any remedy provided under this Agreement will in no way affect the right of that party to require performance or to resort to a remedy at any time thereafter, nor will the waiver by any party of a breach be deemed to be a waiver of any subsequent breach. A waiver will not be effective unless it is in writing and signed by the party against whom the waiver is being enforced.

21. SURVIVAL OF PROVISIONS
City of Avalon and PERC Water_OM Services Agreement
Any terms or conditions of this Agreement that require acts beyond the date of its termination will survive the termination of this Agreement, will remain in full force and effect unless and until the terms of conditions are completed, and will be fully enforceable by either party.

22. ASSIGNMENT
Neither party will have the power to or will assign any of the duties or rights or any claim arising out of or related to this Agreement, whether arising in tort, contract or otherwise, without the prior written consent of the other party. Any unauthorized assignment is void and unenforceable. These conditions and the entire Agreement is binding on and inures to the benefit of the parties and their respective permitted successors, and assigns.

23. NO CONFLICT OF INTEREST FOR FUTURE WORK
The services performed by Contractor under this Agreement do not preclude Contractor from proposing on or for providing services to Owner in the future. Information and knowledge gained by Contractor in providing the Services under this Agreement will not constitute a conflict of interest in proposing on or providing any additional services for Owner.

24. DISPUTE RESOLUTION
The Parties will use their best efforts to resolve amicably any dispute, including use of alternative dispute resolution options.

25. CAPTIONS AND HEADINGS
The captions and headings of the paragraphs and sections are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement.

26. ENTIRE AGREEMENT
This Agreement, together with all Appendices attached hereto, contains all representations and the entire understanding between the Parties with respect to the subject matter of this Agreement. This Agreement and its Appendices replace any prior correspondence, memoranda, or agreements, whether or not such correspondence, memoranda or agreements are in conflict with this Agreement. The Parties mutually declare there are no oral understandings or promises not contained in the Agreement, which contains the complete, integrated, and final agreement between the Parties.

City of Avalon and PERC Water_OM Services Agreement
The following Appendices are hereby made a part of this Agreement:

Appendix A Scope of Services
Appendix B Capacity and Characteristics
Appendix C Location of Project
Appendix D Compensation and Payment
Appendix E Project Vehicles and Equipment
Appendix F PERC Water Rate Schedule
rN WITNESSETH WHEREOF, the Parties execute below:

CONTRACTOR
Name: --------------
Title:

Date:
ity of Avalon and PERC Water_OM Services Agreement
OWNER
Name:

Titl e: Mayor
Date:

Attest:

City Clerk

APPENDIX A - SCOPE OF SERVICE
Contractor shall perform the following services for the benefit of the Owner:

A.l GENERAL
A.I.I Staff
A.1.1.01 Staff the Project with a sufficient number of qualified employees who possess the managerial, administrative, and technical ski I Is to perform the services specified in this Agreement. Both parties shall mutually agree upon the need for additional personnel.

A.1.1.02 A designated Certified Plant Operator with appropriate certification required by the State of California will be in responsible charge of the facility from at least Monday through Friday between the hours of 6:00 a.m. and 3:00 p.m. Working hours for other staff will be determined based on facility needs, in coordination with the Owner. Contractor shall be responsive to alarms and emergency calls 24 hours per day, 7 days per week, within one (I) hour of its occurrence.

Contractor shall designate a minimum of one (I) staff member as standby to respond to alarms and emergency calls.

A.1.1 .03 Place at each permanently staffed Project facility, a copy of Contractor's corporate safety program. Owner wil I pay the cost of any capital improvement required at the Project to bring the facilities within OSHA compliance.

A.1.1.04 Provide and document job related training for personnel in the areas including but not limited to operation, quality, maintenance, safety, supervisory skills, regulatory compliance, laboratory, and energy management. Where the law or regulation requires employees to hold current licenses, certificates or authority to perform the work required of their respective positions, Contractor shall provide the training and agree with the employee to a reasonable time frame for the employee to qualify for such certificate, license or authority.

A.1.1.05 Comply with all State and Federal requirements regarding affirmative action and provisions for minority hiring.

A.1.1.06 Contractor shall communicate directly with Owner's appropriate staff as needed to perform any work under this agreement. The Contractor shall promptly respond to any communications initiated by the Owner. The Contractor's representative shall attend relevant Owner/Council meetings and committee meetings.

A.1.1.07 Communication with Government Bodies - Contractor shall communicate and cooperate with the Owner in providing information in a prompt manner.

A.1.1.08 Communication with Public -Contractor shall receive and respond to customer service inquiries and complaints and shall coordinate with the Owner in its educational and outreach activities and responses.

City of Avalon and PERC Water_OM Services Agreement
A.1.1.09 Contract shall prepare an Emergency Response Plan (ERP) in collaboration with the Owner. The ERP shall be reviewed and updated annually and approved by the Owner.

A. I. I. IO Contractor shall meet with the Owner weekly and provide weekly, monthly, and annual reports or presentations, whose content shall be agreed upon by the Parties, including but not limited to detail such as:
(a) A detailed narrative summarizing the O&M activities that took place during the month.
(b) Wastewater Treatment Plant and system activities, including testing and monitoring activities.
(c) Lift Station Activities.
(d) Administrative fines, penalties, and consent orders. (e) Odor complaints and other community complaints.
(t) Forecast of future activities or issues.
(g) Any major maintenance activities including any inspections conducted and the results of those inspections.
(h) All equipment repairs and preventive maintenance tasks. (i) Water quality data for the month and for the preceding twelve months as available for comparison purposes. Identify any constituents of regulatory concern and discussion of a plan of action to respond to the concerns.

U) Visitor log and safety and security report.
(k) Facility maintenance summary of work orders issued, completed, and remaining open. Equipment out of service.
(I) Any emergencies addressed and status.
(m)Status of all capital improvements, maintenance, and repairs performed or coordinated during the month .
(n) Maintenance account Year-To-Date spend.

A.I.I.I I RESERVED
A.1.2 Alterations, Repairs and Maintenance
A.1.2.0 I Alter, as needed, the process and/or facilities to achieve the objectives of this Agreement. No alteration will be executed without Owner's written approval City of Avalon and PERC Water_OM Services Agreement
if alteration will cost more than One Thousand Dollars ($1 ,000.00). The Parties will not consider Alterations under this section to be a Repair under this Agreement.

A.1.2.02 Perform Preventive Maintenance and Repairs for the Project, subject to the Repairs Limit per Appendix D. The Contractor shall maintain a monthly log of and supporting records for all maintenance activities, service requests, inspections, inventory of equipment and parts, etc. The contractor shall make such records available to the Owner for inspection at all reasonable times.

A.1.2.03 Pay all costs incurred in normal project operations except as otherwise included in Article 4 - Owner's Responsibilities.

A.1.2.04 Maintain aesthetics of the facilities, including maintaining all facilities in a clean, neat and orderly fashion .

A.1 .2.05 Keep administrative and other occupied spaces clean, dry, and habitable. Other spaces and floors will be free of sewage, screenings, sludge and debris.

A.1 .2.06 Equipment, tools, and material will be properly stored.

A.1.2.07 Keep trees and shrubs trimmed, maintain grass, and keep other grounds free of noxious weeds.

A.1.2.08 In any emergency affecting the safety of persons or property, or regulatory compliance, Contractor shall act without written amendment or change order, at Contractor's discretion, to prevent threatened damage, injury or loss. In the event emergency expenditures exceed Five Thousand Dollars ($5,000.00) in aggregate, Contractor shall use best efforts to obtain prior approval from Owner unless the emergency poses an immediate threat to public health and safety and the environment. Contractor will notify Owner of the emergency as soon as reasonably possible, and Owner will compensate Contractor for any emergency work notwithstanding the lack of written amendment or change order. Such compensation will include Contractor's direct costs for the emergency work plus fifteen percent ( 15%).

A.1.2.09 Utilize Owner provided security devices during Contractor's hours of operation to protect against any losses resulting from theft, damage or unauthorized use of the Project. Existing security devices include fencing, lockable structures, and limited intrusion alarms. Upon exiting the Project, Contractor shall lock all Project gates and structures and activate any security alarms.

A.1.2.10 Contractor will provide Owner within the first ninety (90) days after contract award, recommended capital improvements and critical spare parts the Contractor believes are required for any of the facilities under the contract.

Contractor shall not be relieved of his responsibilities to perform if the recommendations are not implemented by the Owner; however, Owner shall be City of Avalon and PERC Water_OM Services Agreement
solely responsible for any and all costs, expenses, damages, losses related to the failure to authorize such improvement.

A.1.2.11 Contractor shall provide a Computerized Maintenance Management System to document assets, condition, maintenance and repair activities, and data management system for compliance.

A.1.2.12 The Owner may from time to time , desire for Contractor to provide for and finance Capital Expenditures on behalf of Owner. In such circumstances, Contractor shall perform and/or finance such improvements in accordance with mutually agreed upon terms and conditions negotiated between the Parties. In the event that Contractor is unable to perform or finance such improvements or the parties are unable to reach agreement on terms for the services to be performed, Owner shall not be relieved of its obligations relating to Capital Expenditures under the terms of this Agreement.

A.1.2.13 Contractor will assist Owner in preparation of annual operating budgets as needed.

A.1.2.14 RESERVED
A.1.2.15 Contractor will be responsible for managing, coordinating with, and scheduling the Air Quality Management District for air quality permits related to all operating generators.

A.2 WASTEWATER TREATMENT PLANT
A.2.1 Within the design capacity and capability of the Wastewater Treatment Plant (the "WW Plant"), manage, operate, and maintain the WW Plant so that effluent discharged from the WW Plant meets the requirements of the Clean Water Act and the requirements specified in NPDES Permit CA0054372 and other applicable/related permits issued by EPA and State or local authorities, unless one or more of the following occurs: (i) WW Plant influent does not contain Adequate Nutrients to support operation of the WW Plant's biological processes and/or contains Biologically Toxic Substances or other substances that may cause pass-through or interference that cannot be removed by the existing processes and facilities; (ii) discharge into Owner's sewer system that violate any or all regulations as stated in the applicable Sewer Ordinance and, (iii) the flow, influent biochemical oxygen demand (BODs,) and/or total suspended solids (TSS) exceeds the WW Plant's design parameters and other parameters that exceed the plant's Maximum Allowable Headworks Loadings, in which case Appendix B specifies responsibilities and remedies.

A.2 .2 Within the design capacity and capability of the WW Plant, operate the WW Plant in a manner that minimizes odor and noise.

A.2.3 Prepare and submit to Owner for transmittal to appropriate agencies, all regulatory reports pertaining to routine operation and maintenance of the facilities specified in this Agreement.

City of Avalon and PERC Water_OM Services Agreement
A.2.4 Comply with all current local, State and Federal notice and reporting requirements, regarding violations, WW Plant upsets, excursions, or emergencies related to the Plant.

A.2.5 Assist the Owner with the NPDES permit renewal process by providing Project information within Contractor's possession and control. Any additional assistance requested by the Owner will constitute a Change in Scope.

A.2.6 Reserved .

A.2.7 If Contractor uses land application as the method for disposal of biosolids, Contractor shall comply with the State and Federal regulations, including 40 CFR 503 applicable to the land application method. Specifically, Contractor shall assist Owner in securing all permits and land use agreements, perform soils and biosolids testing, and report the volume and quantity of biosolids land applied. Contractor may use the existing Owner secured permits and land application sites.

A.2.8 Where applicable, monitor and report the volume and nature of septic tank hauler discharges.

A.2.9 Perform all laboratory testing and sampling currently required by the State and Federal Clean Water Act, NPDES Permit, NPDES referenced documents and all Federal or State issued permits. Contractor will provide additional laboratory testing and sampling requested by the Owner on a fee per test basis to be determined at the time of the request.

This additional testing will constitute as additional services.

A.2.10 Provide and document all Preventive Maintenance for the WW Plant. Owner will have the right to inspect these records during normal business hours.

A.2.11 Provide and document Repairs for the WW Plant. Contractor will provide Owner with a monthly report on the expenditures for Repairs.

A.2. 12 Contractor shall maintain a Computerized Maintenance Management System (CMMS).

The Computerized Maintenance Management System (CMMS) shall be capable of maintaining up to date documentation of critical spare parts inventory, equipment specification sheets, and equipment warranty information A.3 COLLECTION SYSTEM
A.3 .1 Annually clean 9 miles of sanitary sewer collection system gravity lines and coordinate with the Owner for televising lines after cleaning.

A.3.2 Respond within I hour to sanitary sewer system blockages and clear blockages with the use of city-owned vactor and/or jetter. Monthly reporting of collections system activities such as feet or miles cleaned and feet or miles remaining to be cleaned in a calendar year.

A.3.3 In coordination with the Owner, the contractor shall support the Owner's smoke testing program throughout the collection system to assist the Owner with identifying infiltration and inflow concerns.

City of Avalon and PERC Water_OM Services Agreement
A.3.4 Contractor shall perform annual sanitary manhole inspections and report to the Owner noted concerns or deficiencies.

A.3.5 Contractor shall clean all low flow stormwater locations using the city-owned Vactor as needed or requested by the Owner.

A.3.6 Upon receiving a dig alert, Contractor shall locate and mark the collections system prior to repairs for the Owner.

A.3.7 Contractor shall support the Owner as needed in responding to unauthorized release, discharge, leak, or spill of influent, effluent, or residuals into the environment from or in connection with its operation, management, maintenance, and monitoring of the WWTP system.

A.4 SALTWATER DISTRIBUTION
A.4.1 Contractor shall exercise all saltwater valves annually. Contractor shall track and report this work to the Owner in the monthly report.

A.4.2 Contractor will assist the Owner with emergency saltwater repairs by isolating valves.

A.4.3 Contractor shall frequently monitor the saltwater pumping operations and maintain adequate reservoir levels.

A.4.4 Upon receiving dig alerts, Contractor shall locate and mark saltwater distribution and/or service lines.

A.4.5 Contractor shat I frequently inspect and conduct routine preventive maintenance for the saltwater pumping station (Catherine Pump Station).

A.4.6 Contractor shall perform above ground saltwater hydrant repairs related to replacing bolts, nuts, gaskets, and rebuild as needed.

A.5 LIFT ST A TIO NS
A.5.1 Contractor will inspect each lift station and site generator weekly or more frequently as needed, for proper operations, functionality, communications or potential failures.

A.5.2 Contractor will clean accumulated materials from the lift stations with the use of the Owner's Vactor as needed or required. Materials shall be disposed of at the wastewater treatment plant's drying pad for further disposal.

A.5.3 Contractor shall respond to emergency lift station conditions within I hour.

City of Avalon and PERC Water_OM Services Agreement
A.5.4 Contractor shall make recommendations for capital and/or repair improvements to the Owner.

A.5.5 Contractor will coordinate with subcontractors for major repairs or capital improvements.

A.5.6 Contractor shall procure and purchase Bioti& for controlling odors at the Catherine lift station. Contractor shall also manage the operation of the odor control dosing unit for the Catherine lift station.

City of Avalon and PERC Water_OM Services Agreement

APPENDIX B -CAPACITY AND CHARACTERISTICS
B.1 CAPACITY AND CHARACTERISTICS OF WASTEWATER TREATMENT PLANT
B.1 .1 Wastewater Treatment Plant Design Capacity is described as follows:

Parameter
Flow, million gallons/day
BODs, pounds per day
TSS, mg/L
Daily Peaking Factor
Plant

1.20 MGD
200 lbs/day/monthly
350 lbs/day/weekly
300 lbs/day/monthly
450 lbs/day/weekly

1.5 All parameters will be based on the design average dry weather flow with the Daily Peaking Factor being the multiplier applied to the design average dry weather flow.

B.1.2 Contractor will not be responsible for fines or legal action resulting from discharge violations within the period that influent exceeds design parameters, does not contain Adequate Nutrients, contains Biologically Toxic Substances, and the subsequent recovery period.

B.1.3 The Base Fee for services under this Agreement is based on actual plant conditions over the previous 12 months, including flows and loads. Any deviation in excess of I 0% of the average wastewater flows and loads over the previous 12 months will require both parties to mutually agree on a commensurate adjustment to the Base Fee.

City of Avalon and PERC Water_OM Services Agreement

APPENDIX C - LOCATION OF PROJECT
C.1 Contractor agrees to provide the services necessary for the operation, maintenance, and management of the faci lities described in Appendix C.

C.1.1 All equipment, grounds, and facilities now existing within the current property boundaries of or being used to operate Owner's facilities located at:

I. Avalon Wastewater Treatment Facility
123 Pebbly Beach Road

2. Pebbly Beach Lift Station
633 Pebbly Beach Road

3. Catherine Lift Station
703 Crescent A venue

4. Catherine Saltwater Booster Station
Crescent A venue

5. Hill Street Booster Station
Hill Street

6. East Whittley Booster Station
East Whittley A venue

7. Mt. Ada Saltwater Reservoir located on Wrigley Road

8. Falls Canyon Saltwater Reservoir, Cemetery Road
City of Avalon and PERC Water_OM Services Agreement

APPENDIX D -COMPENSATION, PAYMENT AND BASE FEE

ADJUSTMENT FORMULA
D.1 COMPENSATION
D. 1.1 Owner shall pay to Contractor as compensation for services perfonned under this Agreement a Base Fee of $1,855,935 for the first year of this Agreement. Subsequent years' base fees shall be determined as specified in Append ix D.4.

D. I. 1.0 I The Base Fee inc ludes the fol lowing costs incurred for the direct or indirect benefit of the Project: expenditures for Project management labor, employee benefits, chemicals, lab supplies, repairs, repair parts, maintenance parts, safety supplies, gaso line, oil, equipment rental, legal and professional services, quality assurance, travel, office supplies, other supplies, uniforms, telephone, postage, electricity, tools, memberships, training and training supplies. Any limitations on these expenditures are set forth in Appendix D. 1.2.

D.1.1.02 The serv ices provided under this Agreement assume reasonably expected overtime for normal breakdowns or services required after hours. Any additional expenses including straight or overtime wages caused by Unforeseen Circumstances will be billed to the Owner for reimbursement.

D.1.1.03 If, at any time, during the first twelve months following the Commencement Date, (i) Contractor discovers new information about the condition of the Project or facilities that materially differs from the information reasonably available to Contractor prior to execution of this Agreement; and (ii) such information substantially impacts the ability of Contractor to meet the performance objectives described herein or causes a material increase in the operating and maintenance costs incurred by Contractor to meet such performance objective, Contractor will be entitled to an equitable adjustment mutually agreed upon by both Parties.

D.1.2 Limitations
D.1.2 .0 I The total amount Contractor will be required to pay for Repairs will not exceed the Annual Repairs Limit of $120,000 for the contract year identified under Appendix D.1.1. Contractor shall provide Owner with a detailed invoice of Repairs over the annual Repairs Limit, and Owner shall pay Contractor for all Repairs in excess of such limit. Contractor shall rebate to Owner the entire amount that the cost of Repairs is less than the annual Repairs Limit. Contractor shall request approval for any repairs which have exceeded the annual repairs limit.

D.1.2.02 Any Repair cost that exceeds the annual Repairs Costs as denoted in Section D.1.1 shall be invoiced monthly at Contractor cost along with a fifteen percent ( 15%) markup.

City of Avalon and PERC Water_OM Services Agreement
D.2 CHANGES IN COMPENSATION
D.2.1 Changes in the Base Fee will be negotiated annually, three (3) months prior to the anniversary of the Commencement Date hereof. Base Fee adjustments will be negotiated taking into consideration expenditures for Project management labor, employee benefits, chemicals, lab supplies, repairs, repair parts, maintenance parts, safety supplies, gasoline, oil, equipment rental , legal and professional services, quality assurance, travel, office supplies, other supplies, uniforms, telephone, postage, utilities, tools, memberships, training supplies and other direct and indirect costs, as the basis of adjustment of the Base Fee. Owner and Contractor agree that good faith negotiations resulting in mutual agreement are the preferred methodology to be used to determine changes in the Base Fee.

In the event that Owner and Contractor fail to agree, the Base Fee wil l be adjusted using the Base Fee Adjustment Formula shown in Appendix D.4. Upon each contract year renegotiation, Contractor shall continue to invoice Owner at the previous amount until written agreement is reached between the Parties as to the new contract year Base Fee, upon which Contractor shall issue an invoice retroactively adjusting the previous contract year Base Fee amount.

D.2.2 The Parties will negotiate the Repairs Limit each year, three (3) months prior to the anniversary of the Commencement Date hereof in accordance with Appendix D.2.1.

Should Owner and Contractor fai l to agree, the Repairs Limit will be determined by the prior year's actual Repairs Cost plus application of the Consumer Price Index (CPI) component of the Base Fee Adjustment Formula shown in Appendix D.4.

D.2.3 The Parties will negotiate compensation for Changes in Scope in accordance with Appendix A and B.

D.3 PAYMENT OF COMPENSATION
D.3.1 One-twelfth ( I /12) of the annual Base Fee for the current year will be invoiced on the first of the month preceding the month that services are provided. One-twelfth ( 1/12) of the annual Repair Fee for the current year will be invoiced on the first of the month preceding the month that services are provided. One-twelfth (1 / 12) of the annual wastewater treatment Chemical budget wi ll be invoiced on the first of the month preceding the month that services were provided. For Repairs, Contractor shall submit to Owner a spreadsheet along with corresponding invoices detailing the actual costs of Repairs and chemicals.

D.3.2 All other compensation to Contractor is due upon receipt of Contractor's invoice and payable within fifteen (15) calendar days.

D.3.3 The Owner shall pay interest at an annual rate equal to nine percent (9%), subject to limitation provided by law, on payments not paid and received within fifteen (15) calendar days. Interest will be calculated from the due date of the invoice.

D.3.4 In the event of a contested billing, Owner may only withhold the contested portion from payment. The Owner will pay Contractor the undisputed portion in accordance with City of Avalon and PERC Water_OM Services Agreement
Appendix D.3.2. Interest will accrue on any contested portion of the billing and shall be immediately payable if the contested billing is resolved in favor of Contractor. No interest will be due on any contested portion of the billing if the contested portion is mutually resolved.

D.4 BASE FEE ADJUSTMENT FORMULA

BASE FEE AND BUDGETED OPERATIONAL COST ADJUSTMENT FORMULA ABF = BF x AF
Where:

ABF =
BF =
AF =
AF =
Adjusted Base Fee and Budgeted Operational Costs
Base Fee and Budgeted Operational Costs specified in Appendix D.1.1 Adjustment Factor as determined by the formula:
[((EC!) 0.5 + (WSI) 0.5))] + 1.02
EC! = The twelve-month percent change (from the first quarter of the prior year to the first quarter in the current year) in the Employment Cost Index for Total Compensation for Civilian Workers, Not Seasonally Adjusted as published by U. S. Department of Labor, Bureau of Labor Statistics in the Detailed Report Series ID: CI U IO I 0000000000A.

WSI The twelve-month percent change (from January of the prior year to January of the current year) in the Water and Sewer and Trash Collection services in US City average for All Urban Consumers, Seasonally Adjusted as published by U.S. Department of Labor, Bureau of Labor Statistics in the CPI Detailed Report Series Id: CUSR0000SEHG.

City of Avalon and PERC Water_OM Services Agreement
D.5 Compensation Table
D.5.1 The city shall pay to PERC Water as compensation for services performed under this Agreement Base Fees as defined below. In addition to the Base Fees, the Town shall reimburse PERC Water monthly (or as invoiced if less frequent than monthly) for costs incurred for services identified as " reimbursable".

D.5.2 PERC Water shall not mark up any costs that are submitted for reimbursement except for costs that are additional service projects. However, PERC Water shall be entitled to a mark-up of fifteen percent ( 15%) of all reimbursement costs, more than the annual reimbursable budgets set forth below.

Monthly Invoice
Amounts
CY 2025/2026 Base Fee Scope
of Work
Base Fee $1,855,935 $154,661.25
Reimbursable Amounts
Repairs $120,000 $10,000
Chemicals *$408,000 $34,000
TOTALS - $198,661.25
All the above listed fees shall be in effect from July I, 2025 , through June 30, 2026. *At the end of the year if the chemical costs are less than the annual budget, the City and PERC Water agree to split the difference of the remaining balance.

City of Avalon and PERC Water_OM Services Agreement

APPENDIX E - PROJECT OWNER VEHICLES AND EQUIPMENT
Owner will permit the use of City-owned vehicles or heavy equipment by Contractor, including:
• Skid Steer for biosolids use and handling
• 2013 Vactor Truck
• Forklift
• 2016 Ford 250 pickup truck
• 2014 Ford 350 pickup truck
• Godwin diesel-powered pump
• 2023 Doosan Mobile generator
• Hydro Jetter
City of Avalon and PERC Water_OM Services Agreement
APPE DIX F - 2025 PERC Water Rate Schedule
Attached separately and updated January I st annually.

City of Avalon and PERC Water_OM Services Agreement
MEETING DATE:

ORIGINATING DEP:

PREPARED BY:

SUBJECT:

CITY OF AVALON CITY COUNCIL
August 5, 2025
Administration
David Maistros, City Manager
AGENDA ITEM: l l ----
CITY MANAGER: ~AU{_
Resolution Adopting Memorandums of Understanding Between the City of Avalon and Avalon Municipal Employee, Confidential and Management Labor Associations for the Contract Period July 1, 2025 through June 30, 2028
RECOMMENDED ACTION(S): Adopt the resolutions adopting Memorandums of Understanding and Salary Schedules between the City of Avalon and the Avalon Municipal Employee, Confidential and Management labor associations for the contract period July 1, 2025 through June 30, 2028.

REPORT SUMMARY: The 2022-2025 Memorandums of Understanding (MOUs) between the City of Avalon and International Association of Firefighters Local 2295 (IAFF), Management and Confidential Employees were adopted on May 3, 2022. The 2022-2025 MOUs between the City and SEIU 721 - Avalon Harbor Unit, SEIU 721 Avalon Municipal Employee Unit were adopted on June 19, 2022.

All MOUs expired on June 30, 2025.

Preceding the negotiation period for the 2022-2025 MOUs, on April 4, 2022 the City Manager received letters from Service Employees International Union, CTW, CCL Local 721 (SEIU) on behalf of the Avalon Municipal Employee Association (AMEA) and Avalon Harbor Employee Association (AHEA) indicating the association's interest in unionizing. A determination was made to hold an election by mail-in ballot on May 9, 2022. Both the AHEA and AMEA members voted to join SEIU as two different units - SEIU Harbor Unit and SEIU Municipal Employee Unit.

In January 2025, 12 out of 16 employees in the Municipal Employee Unit terminated their memberships in SEIU. These membership terminations took effect in July 2025. Rather than negotiate collectively, former members of the Municipal Employee Unit negotiated in four similarly situated sub-groups - these sub-groups are collectively recognized in the reestablished Avalon Municipal Employee Labor Association (AMEA).

Negotiations between the City and all labor associations/unions began in June 2025.

Negotiations were delayed, in part due to the release of the final Compensation Study from Public Sector Personnel Consultants. The final draft of the Compensation Study was received and distributed to City Staff and association/union representatives on June 3, 2025.

After an approximate 50-day negotiation period , the following amendments are proposed for the AMEA, Confidential, and Management Association 2025-2028 MOUs:

1. Increased bilingual pay from $0/$25 per month to $100 per month.

2. Modified Travel Allowance from reimbursement for up to two commuter books annually to a one-time annual disbursement of $600.

3. Eliminated annual laundry allowance of $300.

4. Added clarifying language to floating holidays to apply pro rata accrual for newly hired employees and convert "2 days" to "16 hours".

5. Amended vacation leave cash out to 96 hours instead of 12 days to accommodate alternate schedules.

6. Decreased the Vacation Time Cap from 480 to 360 hours.

7. Eliminated sick time cash out language that would have become effective January 1, 2026.

8. Decreased the Sick Time cash out at retirement from 480 hours to 240 hours.

9. Adopted a new wage schedule consistent with the findings of the Compensation Study effectively placing all salary schedules at, or above, the Compensation Study's market rate. The new wage schedules provide a 10 step 2.5% progression combined with an annual 2.5% cost of living adjustment.

10. Provided for every employee to be advanced to the next Step on the new wage schedule that is at least 5.5% higher than the employee's rate as of June 30, 2025, retroactive to the first full pay period of July 2025 upon ratification of this MOU. 11 . The Confidential MOU increased Administrative Leave time from 56 to 64 hours.

12. The AMEA MOU increased Floating Holidays from 16 hours to 24 hours.

13. The Management MOU increased Administrative Leave time from 72 to 80 hours.

14. Increased uniform allowance from $1 ,100 to 1,200 for all positions required to wear uniforms.

All MOUs contain a provision regarding parity for all associations/unions regarding healthcare and cost of living increases.

In the 2025-2028 MOUs, Healthcare benefits have been modified as follows:

1. Effective January 1, 2026, the various health insurance plan offerings for employees are increasing anywhere from 3.6% to 13.6% depending on the plan selected. The MOU's provide for the city to increase its share of Health Insurance premium by 13.6% effective immediately. This increase will ensure that no employee will experience an increase in health insurance for 2026.

2. Increased the Health In-Lieu Opt-Out Benefit incentive from $300 to $325 per month.

3. Provides for an additional increase to the city's health insurance cap of 2.5% in 2027 and 2028.

4. Includes "safety net" language to allow for re-opening the health insurance language should the premiums increase 12.5% or more in 2027 or a combined 20% in 2027 and 2028.

The City Manager and staff have worked cooperatively with all labor associations/unions and has met with each association/union since opening negotiations; however, at this time, agreements have only been reached with the AMEA, Confidential, and Management labor associations.

FISCAL IMPACTS: Fiscal implications of these MOUs have been integrated into the Fiscal Year 2025-2026 Budget. A budget amendment will be required for health insurance after all MO Us are adopted .

GOAL ALIGNMENT: Fiscal and organizational stability.

CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION: The current MOUs will remain expired .

FOLLOW UP ACTION: Implement City Council direction.

ADVERTISING, NOTICE AND PUBLIC CONTACT: The item was properly listed on the posted agenda pursuant to the Brown Act.

ATTACHMENTS:

1. AMEA MOU Resolution

2. Confidential MOU Resolution

3. Management MOU Resolution
RESOLUTION NO. ---

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF AVALON AND THE AVALON MUNICIPAL EMPLOYEE ASSOCIATION EFFECTIVE JULY 1, 2025 THROUGH JUNE 30, 2028
WHEREAS, the City Council previously approved and adopted the terms and conditions set forth in the 2022-2025 MOU between the City of Avalon and SEIU 721 - Avalon Municipal Employee Unit on June 19, 2022; and
WHEREAS, in January 2025, 12 of the 16 employees in the Avalon Municipal Employee Unit terminated their memberships in SEIU 721 ; and WHEREAS, SEIU 721 - Avalon Municipal Employee Unit membership terminations took effect in July 2025; and
WHEREAS, former members of the SEIU 721 -Avalon Municipal Employee Unit negotiated in four different groups; and
WHEREAS, these groups are collectively recognized in the re-established Avalon Municipal Employee Labor Association (AMEA); and
WHEREAS, the City requested and the AMEA agreed to open contract negotiations in July 2025; and
WHEREAS, the AMEA is a recognized employees organization representing employees in the classification Accountant, Accounting Technician I, II, 111 , Administrative Analyst, Administrative Assistant, Code Enforcement Officer, Code Enforcement Officer - Lead, Equipment Mechanic, Fuel Dock Attendant, Fuel Dock Supervisor, Garage Lead Worker, Harbor Maintenance Worker I, II , Ill, Harbor Sanitation Worker, Human Resources Technician, Maintenance Lead Worker, Maintenance Worker I, II , Ill , Office Assistant, Parking Enforcement Officer, Planning Technician, Recreation Aide, Recreation Coordinator, Recreation Leader, Senior Administrative Assistant, Senior Equipment Mechanic, and Temporary Help; and
WHEREAS, the City has satisfied its obligations under Government Code Section 3505 and the City Personnel Rules and Regulations to meet and confer over the terms and conditions of employment contained in the MOU; and
WHEREAS, the AMEA and City Manager have reached an agreement and support the articles outlined in the MOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the MOU between the City of Avalon and AMEA, a copy of which accompanies this City Council item and is incorporated by reference herein; and
BE IT FURTHER RESOLVED, the terms and conditions of the MOU shall be in full force and effect from July 1, 2025 through June 30, 2028, except as specified otherwise in the MOU; and
BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules of the City of Avalon; and
FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Personnel Officer has the authority to take any necessary administrative actions to implement the provisions of this resolution .

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 5th day of August, 2025, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, City Clerk

AVALON MUNICIPAL EMPLOYEE' S ASSOCIATION

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF AVALON
AND

THE AV ALON MUNICIPAL EMPLOYEE'S

ASSOCIATION
July 1, 2025 - June 30, 2028
0 AVALON MUNICIPAL EMPLOYEE' S ASSOCIATION
PURPOSE ................................................................................................................................................... 3 NON-DISCRIMINATION ........................................................................................................................ 3 FULL UNDERSTANDING, MODIFICATION, AND WAIVER .......................................................... 3 MUTUAL RECOMMENDATION ........................................................................................................... 4 PLEDGE OF COOPERATION ................................................................................................................. 4 EXCLUSIVE CITY RIGHTS AND AUTHORITY .................................................................................. 4 RECOGNITION/ ASSOCIATION MEMBERSHIP ............................................................................... 5 PERSONNEL RULES AND REGULATIONS ........................................................................................ 6 LAYOFFS AND SEPARATIONS ............................................................................................................ 6 SECTION 125 PLAN ................................................................................................................................ 7 PEACEFUL PERFORMANCE OF SERVICES ....................................................................................... 7 HEALTH AND SAFETY ........................................................................................................................... 7 SAVINGS CLAUSE .................................................................................................................................... 8 DURATION OF AGREEMENT ............................................................................................................... 8 PARITY ...................................................................................................................................................... 8 RETIREMENT ........................................................................................................................................... 9 ALLOWANCES ........................................................................................................................................ 10 SPECIAL PAY .......................................................................................................................................... 11 "STAND-BY" ALLOWANCE ................................................................................................................. 11 ON CALLALLOWANCE ........................................................................................................................ 11

AVALON MUNICIPAL EMPLOYEE'S ASSOCIATION
CALL BACKS ........................................................................................................................................... 1.2 HEAL TH CARE ....................................................................................................................................... 12 OVERTIME .............................................................................................................................................. 14 LONGEVITY PAY ................................................................................................................................... 14 SALARY .................................................................................................................................................... 15 VACATION AND SICK LEAVE ............................................................................................................ 15 WORK SCHEDULE ................................................................................................................................ 17 AL TERNA TE WORK SCHEDULE ....................................................................................................... 18 HOLIDAYS ............................................................................................................................................... 18 GRIEVANCE PROCEDURE .................................................................................................................. 18 CATASTROPHIC LEAVE ...................................................................................................................... 20 APPENDIX A - WAGE SCHEDULE .................................................................................................... 24 2 AV ALO ' MU ICIPAL EMPLOYEE'S ASSOCIATlO

PURPOSE
It is the purpose of this Memorandum of Understanding (also referred to he.rein as "MOU" and "Agreement") to promote and provide for harmonious relations, cooperation and understanding between the City of Avalon (referred to hereinafter as "Employer" or ·'City") and the Avalon Municipal Employee's Association (referred to hereinafter as "AMEA'' or "Association") and the employees covered herein; to provide orderly means of attempting to resolve misunderstandings or differences which may arise under this Memorandum of Understanding; and to set forth the understanding of the parties reached as a result of good faith negotiations regarding the wages, hours and other terms and conditions of employment of the employee cover hereby.

NON-DISCRIMINATION
The City and Association recognize the right of the employees to form,join or participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join or participate in employee organization activities. No employee shall be intimidated, coerced, restrained or discriminated against by the City or the Association in any manner which is unlawful pursuant to state or federal law. This Article is not to be subject to the Grievance Procedure.

The City and the Association agree that no employee will be promoted, demoted, transferred, bypassed for promotion, disciplined, or discharged or in any way discriminated against because of race, color, sex, age, national origin, disability, veteran status, marital status, mental or physical disability, sexual orientation, medical condition, political or religious opinions or affiliations. The City and the Association shall reopen any provision of this Agreement for the purpose of complying with any final order of the federal or state agency or court of competent jurisdiction requiring a modification or change in any provision of this Agreement in compliance with state or federal anti-discrimination laws. Equal employment opportunity will be extended to all persons in all aspects of the employer-employee relationship, including recruitment, hiring, upgrading, training, promotion, transfer, discipline, layoff, recall, and termination.

Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to include the feminine gender.

FULL UNDERSTANDING, MODIFICATION, AND WAIVER
This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties, and any other prior existing understanding or agreements by the parties, whether formal or informal, regarding any such matters contained in this MOU are hereby superseded or terminated in their entirety.

Any agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and approved and implemented by Avalon's City Council. 3 AVALON MUNICIPAL EMPLOYEE'S ASSOCIATION
The waiver of any breach, term or condition of th.is Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

For the life of this MOU, Association and the City mutually agree that to reopen negotiations with respect to any subject or matter covered in trjs MOU requires mutual consent by both parties.

Without such mutual consent, the parties shall not be required to meet and confer regarding same.

MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual recommendation to be submitted to the A val on City Council. This Memorandum of Understanding shall not be binding upon the parties in whole or in part unless and until said Avalon City Council formally approves said Memorandum of Understanding. Additionally, this MOU shall not be binding in whole or in part unless and until it is ratified by the members/employees.

PLEDGE OF COOPERATION
The parties to this MOU realize that the things that would be in the best interest of both the Association, employees and City, in the long run, are largely identical and all parties will benefit from a continuous, peaceful relationship and intelligent, constructive efforts to resolve any differences that may arise.

The City and the Association have entered into a partnership that will ensure efficient operations while pledging to work together to best serve the needs of the City's citizens.

EXCLUSIVE CITY RIGHTS AND AUTHORITY
The City reserves, retains and is vested with, solely and exclusively, all rights of management as allowed by law, unless modified by this Memorandum of Understanding. The rights of the City include, but are not limited to, the exclusive right to:

A. To manage the City generally and to determine the issues of policy.

B. To determine the existence or non-existence of facts which are the basis of the management decision.

C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish service.

D. To determine the nature, manner, means, and technology and extent of services to be provided to the public.

E. Methods of financing.

F. Types of equipment or technology to be used.

G. To determine and/or change the facilities, methods, technology, means and size of the work force by which City operations are to be conducted.

H. To determine and change the number of locations, relocations and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or sub-contract any work or operation.

I. To determine the size and composition of the workforce, to make provisional appointments when it is in the best interest of the City, when a provisional appointment of an at-will 4 AVALON MUNICIPAL EMPLOYEE' S ASSOCIATION
employee is made during the period of suspension of an employee or pending final action on proceedings to review the suspension, demotion or discharge of an employee.

J. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish hours of work and change work schedules and assignments.

K. To relieve employees from duties for lack of work or similar non-disciplinary reasons.

L. To establish and modify productivity and performance programs and standards.

M. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City's Personnel Rules and Regulations.

N. To determine job classification, assign positions to job classifications, to reclassify employees without competition as long as the employees are qualified and employment laws are followed, to create new classification positions, and/or salary ranges as needed, and/or to underfill any allocated position.
0 . To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the City's Personnel Rules and Regulations.

P. To determine policies, procedures and the standards for selection, training and promotion of employees.

Q. To establish and manage to employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

R. To maintain order and efficiency in its facilities and operations.

S. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City, which are not in contravention with this Agreement.

T. To take any and all necessary action to carry out the mission of the City in emergencies.

U. Where management makes any changes in working conditions because of the requirements of Federal and State law, the City shall not be required to negotiate the matter or manner of compliance with such law where the manner of compliance is specified by such law.

Except in emergencies, or where the City is required to make changes in its operations because of the requirements of Law, whenever the contemplated exercise of management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer with the Association on all matters relating to employment conditions and employer-employee relations including wages, hours and terms and conditions of employment of employees within the bargaining unit unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding. Nothing in this Article is intended to modify the City's obligations under the Meyers-Milias Brown Act.

RECOGNITION/ASSOCIATION MEMBERSHIP
The City recognizes the Association pursuant to the provisions of the Avalon Municipal Code Section 2-6.101 et seq. as the exclusive bargaining representative for all employees employed by the City in the job classifications set forth below.

General Unit:

1. Administrative Analyst (Clerical)

2. Administrative Assistant (Clerical)

3. Accountant (Clerical)
5 AVALON MUNICIPAL EMPLOYEE' S ASSOCIATION

4. Accounting Technician I, II, III (Clerical)

5. Code Enforcement Officer (Non-Clerical)

6. Code Enforcement Officer-Lead (Non-Clerical)

7. Equipment Mechanic (Non-Clerical)

8. Fuel Dock Attendant (Non-Clerical)

9. Fuel Dock Supervisor (Non-Clerical)

10. Garage Lead Worker (Non-Clerical)

11. Harbor Maintenance Worker I, II, III (Non-Clerical)

12. Harbor Sanitation Worker (Non-Clerical)

13. Human Resources Technician (Clerical)

14. Maintenance Leadworker (Non-Clerical)

15. Maintenance Worker I, II and III (Non-Clerical)

16. Office Assistant (Clerical)

17. Parking Enforcement Officer (Non-Clerical)

18. Planning Technician (Clerical)

19. Recreation Aide (Non-Clerical)

20. Recreation Coordinator (Non-Clerical)

21. Recreation Leader (Non-Clerical)

22. Senior Administrative Assistant (Clerical)

23. Senior Equipment Mechanic (Non-Clerical)

24. Temporary Help
This MOU only covers city employees that are in a full-time position who are represented by the Association unless otherwise specifically set forth herein.

PERSONNEL RULES AND REGULATIONS
It is understood and agreed that there exists within the City, in written or unwritten form certain personnel rules, policies, practices and benefits, generally contained in the "City of Avalon's Personnel Rules and Regulations," as amended thereafter by City resolutions and Memoranda of Understanding. Those rules, policies and benefits, which are subject to the meet and confer process, will continue in effect, except for those provisions modified by this Agreement, unless and until modified by mutual agreement of the parties and enacted by the Avalon City council, if necessary, in accordance with state laws, orders, regulations, official instructions or policies.

Where the tem1s of the City of Avalon's Personnel Rules and Regulations and this Memorandum of Understanding are in conflict, the terms of this MOU shall prevail.

LAYOFFS AND SEPARATIONS
Shall be conducted in accordance with the City's Personnel Rules and Regulations with layoffs, displacements and separations in each class series or in the same classification, within their bargaining unit, where the affected employee once had regular status, according to seniority.

Recall from layoff shall be in direct order of seniority within the family of jobs. Temporary, provisional, and probationary employees shall be called back to work after regular employees in a 6 AVALON MUNICIPAL EMPLOYEE'S ASSOCIATION
previously held status within their bargaining unit, covered by this agreement. Employees in good standing with their performance may be reinstated within two (2) years to a position in which they have the availability, qualifications, experience and satisfactory work performance to fulfill the requirements of the position and must serve a new probationary period of six (6) months.

Examination may be waived and take precedent over established lists for reinstatement to the same position as long as the employee meets the qualifications for the position but in no way shall it be mandatory for the department head to reappoint a former employee, and only providing the employee was in good standing in the performance of assigned job duties at the time of layoff, should he or she desire not to do so. Appointment shall otherwise be in the manner as for original employment based on qualifications to determine the most highly qualified individual for the position and shall be based on merit and ability. Upon reinstatement, any employee so appointed shall be considered a new appointee and shall have no vested interest in or be entitled to reinstatement of any benefits accrued during any previous employment with the City. An employee may be terminated by the Personnel Officer/City Manager when deemed necessary or convenient as a result of substantial changes in duties or organization, abolition of position, shortages of work funds, or completion of work for which employment was made. Such termination shall not be subject to appeal.

SECTION 125 PLAN
The City shall continue the Section 125 Flexible Spending Plan adopted by the City Council effective January 1996.

PEACEFUL PERFORMANCE OF SERVICES
The Association, its officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike (including sympathy strikes), walkout, slowdown, sickout or any other job action or stoppage of work by withholding or refusing to perform services by Association employees during the life ofthis Memorandum of Understanding.

The City agrees that it shall not lock out its employees during the term of this Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law.

Any employee who participates in any conduct prohibited as described above may be subject to termination by the City.

HEAL TH AND SAFETY
The City will comply with state and federal law and regulations relating to Occupational Safety and Health and endeavor to provide a safe and healthful work environment. Likewise, it is the duty of each employee to comply with all health and safety regulations of the City and to practice good safety habits in the performance of their duties. All persons who drive City Vehicles shall be subject to the DMV driving record Pull Notice.
7 AVALON MUNICIPAL EMPLOYEE' S ASSOCIATION
The City is committed to promoting a drug-free workplace to ensure that employees involved in safety sensitive transportation activities avoid problems created by the use of controlled substances and alcohol. The City of Avalon is legally required to enforce Federal DOT regulations and implement controlled substance and alcohol testing for employees who require a commercial driver's license, including testing requirements and consequences to employees who have been found to use controlled substances and alcohol as outlined in this policy. In the event of such situations, the City shall make notification(s) to the appropriate agency regarding the employee's situation unless there exists a specific health or safety need, or by regulation or other extenuating circumstance. All employees of the City are subject to pre-employment, random, reasonable suspicion/cause, post-accident, return-to-duty and follow-up controlled substance and/or alcohol testing and may be subject to disciplinary action for cause in accordance with the Policy.

Shall the Association and the City mutually agree to reopen negotiations regarding this specific Article, both parties agree to limit the negotiations solely to this Article.

SAVINGS CLAUSE
It is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if any provision of any Article in the Agreement is held or found to be in conflict therewith, said Article shall be void and shall not bind either of the parties hereto. However, such invalidity shall not affect the remaining Article of this Agreement. In the event that any provision shall be held unlawful and unenforceable by any court of competent jurisdiction, the parties agree to meet forthwith for the purpose of renegotiating such provision and attempt to reach a valid agreement.

DURATION OF AGREEMENT
Except as herein provided, this Memorandum of Understanding shall be in effect from the date of its ratification until 12 o' clock midnight on June 30, 2028.

In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other, ninety (90) days prior to the termination date of this Agreement, its written request to commence negotiations, and, to the extent reasonably possible, its full and entire written proposal for such successor Memorandum of Understanding.

Upon receipt of such written notice and proposals, negotiations shall begin thereafter not later than sixty (60) days prior to the termination date of this Agreement.

PARITY
Parity as it relates to healthcare benefits and cost of living increases shall remain the same between all unions and associations.
8 AVALON MUNICIPAL EMPLOYEE'S ASSOCIATION

RETIREMENT
CalPERS Contribution:

Any employee hired after January 1, 2013 and who meets the definition of a "new member" as defined by Government Code section 7522.04(f) will be required to pay 50% of the "normal cost" of the defined benefit, rounded to the nearest quarter of 1 percent, or the current contribution rate of similarly situated employees, whichever is greater, as specified in Government Code section 7522.30. Any new member who has not become vested by having paid the employee's contribution to PERS for the first five (5) years of continuous service as of January 1, 2013, will be required to pay the employee's share of the contribution (EPMC) to fund a portion of the cost of the 2% at age 62 retirement formula an amount equal to 8% of compensation earnable on a pretax basis for safety, as specified in Government Code Section 20516.5(f). Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the PERS retirement system.

Any employee who established CalPERS membership prior to January 1, 2013 who is already vested after having paid the employee's contribution to PERS for the first five (5) years of continuous service, will be required to pay the employee's share of the contribution (EPMC) to fund a portion of the cost of the 2% at 55 retirement formula an amount equal to 8% of compensation earnable on a pre-tax basis, in accordance with Section 20516(f). Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the PERS retirement system.

Retirement Calculations:

Tier I- 36 Consecutive Months - For employees hired prior to December 31 , 2012 and in accordance with the City's contract with CalPERS, the final compensation provision of Public Employees Retirement Law shall use your highest average full-time monthly pay rate for 36 consecutive months of employment.

Tier II - Three (3) highest year average - For employees hired on or after January 1, 2013 the provision of Section 7522.32(a) of the Public Employees Retirement Law (three (3) consecutive years of employment) shall apply to safety members.

Retirement Formula:

Tier I - 2% at 55 - All employees covered under this provision of this MOU hired prior to December 31 , 2012 shall have their final percentage of final compensation to be provided for each year of credited prior and current service determined in accordance with Section 21354.3 of the Public Employees Retirement Law (2% at 55).

Tier II - 2% at 62 - All employees covered under this provision of this MOU hired on or after January 1, 2013 shall have their final percentage of final compensation to be provided for each year of credited prior and current service determined in accordance with Section 7522.20 of the Public Employees Retirement Law (2% at 62) based on Article 4. California Public Employee's Pension Reform Act of 2013.
9 AVALON MUNICIPAL EMPLOYEE'S ASSOCIATION
Purchase of Military Service Credit as Public Service: Pursuant to Section 21024 of the Public Employee's Retirement Law, an employee may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment provided, however, the employee must contribute an amount equal to the contribution for current and prior service that the employee and the City would have made with respect to that period of service.

Post Retirement Survivor Allowance: Pursuant to the provisions of Section 21624 and 21626 of the Public Employee's Retirement Law, an allowance may be continued to a surviving spouse upon the death of a member after retirement.

Retiree Medical: All employees (full-time and part-time) hired on or before July 1, 2022 that retire after twenty (20) or more years' of full-time service with the City shall have the same medical, dental, and vision retirement benefits up to the City paid maximum contribution (City maximum) or the premium of the health plan selected by the employee (whichever is lower) as compared to current active employees enrolled in the PERS Gold PPO plan for Misc. and Safety Employees.

Once a qualified retiree as set forth herein becomes eligible for Medicare the City shall reimburse for the CalPERS supplemental medical premium for employee only coverage.

Distributions for Qualified Health, and Long-term Care Premiums: Retired or disabled public safety officers may elect to have a maximum of $3,000 per year subtracted from their 457 plan distributions and sent directly to a health or long term care provider to pay premiums. A retired or disabled public safety officer may elect to have these amounts excluded from gross income for federal income tax purposes. To receive this favorable tax treatment, the retired or disabled public officers must make this election on their federal income tax returns.

ALLOWANCES
Uniform Allowance: Employees required in the course of their duties to wear specific standard uniforms will be provided uniforms by the City, from the approved uniform list valued at one thousand two hundred dollars ($1 ,200.00) annually and includes safety boots and protective eyewear. Other items may be selected by the employee, and may include sunglasses, with the Department Head's approval. Uniforms shall be purchased by the City in July of each year.

Employees that leave City service shall return their uniforms to the City on their final day of employment. Footwear purchased must comply with standards established by Cal-OSHA. All employees shall come to work in clean uniforms each day, agree to the establishment of a specific uniform standard, and agree to abide by this standard once adopted, on a year-round basis. Items not deemed necessary to personal health and safety will be subject to CalPERS and will be reported to CalPERS as special compensation for "Classic" or "Tier 1" employees.

Foul Weather Gear: Employees required to work in foul weather shall be issued new foul weather gear as needed. The determination of whether or not replacement foul weather gear, in the interim, shall rest with the department head.

Cell Phone Reimbursement: In accordance with the City's Mobile Device Policy, employees whose job duties include the regular, frequent or ongoing need for a device may receive

AVALON MUNICIPAL EMPLOYEE'S ASSOCIATION
compensation for a cell phone or smart phone, data plan, tablet and hot spot device, in the form of a monthly Stipend to cover City business-related costs (Option 1), or may be issued a City-owned mobile device (Option 2), up to the City allowable maximums and with approval in accordance with policy.

Education Reimbursement: Each Department will be allocated $5,000 each year to reimburse employees pursuing education in job-related programs at an accredited college, university or vocational school. Employees are eligible to receive up to 50% reimbursement on actual costs of tuition, books, lab fees or other student expenses. Eligibility for tuition reimbursement will be at the Department Head's and City Manager's discretion. Employees must have been employed fulltime at the City of Avalon for a minimum of one year to be eligible for reimbursement. The employee will be required to maintain employment after reimbursement for a minimum of two years. The employee shall be reimbursed for actual costs (not to exceed 50%) of tuition, books, lab fees or other student expenses only upon completion of courses with a grade of "B" or better, or successful completion of courses that do not assign grades. Proof of satisfactory course completion and payment must be provided prior to reimbursement. All course work must be completed during the employees regularly scheduled time off.

Travel Allowance: Annually during the month of December, employees shall receive a travel allowance in the amount of six hundred dollars ($600.00) for cross-channel commuter books provided by the Catalina Express. Employees must have been employed full-time at the City of Avalon for a minimum of six months to be eligible for this allowance.

SPECIAL PAY
Bilingual Pay. When the Department Head determines that a position requires bilingual skills in English and Spanish on a frequent and regular use in order to transact city business with the public, such an employee in the designated position may become eligible for Bilingual Pay. An employee shall first demonstrate a language proficiency of job-related terminology acceptable to the Department Head or his designee and the Personnel Officer. Thereafter, the employee shall be entitled to the payment of one hundred dollars ($100) a month for bilingual pay. "ST AND-BY" ALLOWANCE
The Department Head or his designee shall designate employees that are on standby for a period to be determined immediately following their shift. An employee performing standby shall receive a minimum of two (2) hours overtime pay for being placed Employees performing on standby shall remain on duty until released by the Department Head or his designee.

ON CALL ALLOWANCE
The Department Supervisor or his designee shall designate employees that are on call for a period of eight (8) hours in any one day. An off duty employee that has been designated for on call duty shall arrange their schedule of personal activities so the employee can be contacted within ten ( 10) 11 AVALON MUNICIPAL EMPLOYEE'S ASSOCIATION
minutes via pager, radio or telephone and can respond to an emergency request within thirty (30) minutes of notification. An employee performing on-call duty shall receive a minimum of two (2) hours overtime pay for every eight (8) hours on call or standby. On call or standby duty compensation shall cease when the employee reports to work at which time employee shall be compensated at their regular rate of pay for all hours worked in accordance with the Fair Labor Standards Act (FLSA) law and overtime rules. Employees performing on-call duty or on standby shall remain on duty until released by the Department Supervisor or his designee.

CALLBACKS
A call back occurs when a covered employee has worked a complete shift and is requested to return prior to his or her next scheduled shift, usually but not necessarily due to an emergency situation.

In such situations, the employee shall receive a minimum of two (2) hours pay at the overtime rate of 1 1/2 times the hourly rate of pay if the time worked is less than two (2) hours, and overtime pay on a per hour basis for time worked beyond the two (2) hour minimum. Exempt employees are not eligible for call-back pay.

HEALTHCARE
Health Insurance. The City shall pay the cost of employee's health insurance premiums. as well as spouse/registered domestic partner insurance costs, except that the maximum amount paid by the City shall be the "City Maximum, as defined below.

The following monthly City maximum contribution benefits shall apply effective the first month of approval of this MOU :

Full-time employees:

Status
Employee Only
Employee+ 1
Employee+ Family
City Maximum
Upon
Signing
$910.00
$1 ,700.00
$2,130.00
1/1/2027
$930.00
$1 ,740.00
$2,180.00
1/1 /2028
$950.00
$1 ,780.00
$2,230.00
The City will only pay up to the maximum contribution (City maximum) or the premium of the health plan selected by the employee, whichever is lower. The employee must pay either the cost of the premium not covered by the City Maximum or the minimum contribution (Employee minimum) as stated above, whichever is higher.
12 AVALON MUNICIPAL EMPLOYEE'S ASSOCIATION
Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.

Should the health insurance premiums for the plan containing the majority of City employees (currently PERS Gold PPO) increase in excess of 12.5% for 2027 or increases in excess of 20% combined for 2027 and 2028, the Parties agree that they will reopen discussion on health insurance during the term of this agreement.

Dental Benefits: The City shall continue to pay 100% of the employee and eligible dependent's dental coverage. Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.

Life Insurance: The City shall pay one hundred percent (100%) of the premium for a term life insurance policy for each eligible employee which shall be based upon a formula of one times the employee's annual salary rounded up to the nearest thousand dollars, up to a maximum City paid coverage of $50,000 (i.e., an employee who earns $20,100 would receive $21 ,000). This group term insurance is on a non-participating basis, with option to convert coverage upon termination of employment. Payment of benefits is subject to all the provisions of the master policy. This benefit replaces any other life insurance coverage.

Vision Benefits: The City's contribution for vision insurance shall be 100% employer-paid for family coverage for the term of this MOU. Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.

Opt Out Benefit: An employee cannot be enrolled in the City's dental, vision or PERS health plan if a spouse is enrolled in the same agency or enrolled in an agency with PERS health, unless the employee (or the spouse) is enrolled without being covered as a fan1ily member. Additionally, an employee may choose to not be enrolled in the City's dental, vision or PERS health plan. In such cases, the City, after detennining that a minimum amount of health coverage is provided to the employee (by their spouse or other coverage), shall pay an employee that has waived coverage a cash allowance of three hundred twenty-five dollars ($325) per month or pay into the employee's deferred compensation plan (a plan administered by the City) three hundred twenty-five dollars ($325) per month. If the employee wants to have all or a portion of the deferred compensation payment to be credited towards the dependent coverage cost, then the remaining balance, if any, shall be credited to the employee's deferred compensation account. To be eligible for this "opt out benefit" payment, the employee must provide proof, as determined by the City, that comparable medical insurance is in full force and effect. In the event the employee loses eligibility (with documentation) then the employee may re-enroll in the plan pursuant to the PERS health plan rules.

Physical Exams. The City may authorize annual physical examinations for all covered employees.

The City shall pay the costs of any such examination not covered by the Employee's health msurance.
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OVERTIME
The standard workweek shall be forty ( 40) hours each workweek. However, all employees shall be subject to be called for service at any time to meet any and all emergencies or unusual conditions which, in the opinion of the Department Head or designee, may require such service from any of said employees. In determining overtime, vacation and paid holidays taken during the week shall be considered as hours worked. Any other leaves of absence shall not be considered as hours worked for the purpose of calculating overtime. Overtime shall be paid at the rate of time and onehalf (1 1/2) for all hours worked over forty ( 40) in the workweek as defined above.

If mutually agreed to by the employee, and the Department Head approves in writing of the accumulation, the employee may receive "comp time" as time off with pay in lieu of overtime pay for regularly scheduled or irregular or occasional overtime work. There shall absolutely be no coercion used to obtain mutual agreement. Requests for the use of accumulated comp time off shall be reasonably honored, taking into consideration the needs of the department.

Compensatory time must be accumulated consistent with the provisions of this MOU, with the employee earning one and one-half (1 l /2) hours compensatory time off for each hour of overtime worked. Comp Time accumulation shall not exceed at any time two hundred and forty (240) hours annually and may only carry forward up to 80 hours of comp time into the next year. Upon a promotional appointment or change in classification employees must cash out any accrued comp time at the rate accrued in the previous classification. Payouts shall be made annually by December 31st of each year.

LONGEVITY PAY
Employees shall, upon completion often (10) or more continuous and uninterrupted years' service, be eligible for longevity pay on an employee's 10th anniversary. The Longevity increase will occur in the pay period following the date of eligibility, as follows:

Years of Service Completed
10 years through 14 years
15 years through 19 years
20 years
Percentage of Base Salary
3%
an additional 3% (6% total)
an additional 3% (9% total)
Public Agency Longevity Pay is compensation earnable within the meaning of Section 20636 of the California Government Code and Section 57l(a)(l) of the CalPERS regulations.

Vacations, sick leave, military leave and absence authorized by the City Manager shall not be considered an interruption of service.

In the event an employee ceases to be employed by the City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expire, and if said employee is subsequently re-employed by the City, said employee shall not be entitled to any longevity pay by reason of any prior employment.
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SALARY
Employees shall be compensated in accordance with the Wage Schedule attached hereto and incorporated herein as Exhibit A.

Any employee that is currently in Steps shall be advanced to the next Step that is at least 5.5% higher than the employee's rate as of June 30, 2025 retroactive to the first full pay period of July 2025 commencing after the ratification of this MOU. All subsequent Step advancements shall occur annually during the term of this MOU beginning with the first full pay period on or after July 1, 2026 and July 1, 2027.

Newly hired/promoted employees shall be eligible to receive their next Step increase at the first full pay period following July 1 provided they have completed their probation unless approved earlier by the City Manager.

VACATION AND SICK LEA VE
During the months of March, June, September and December, full-time employees may sell back to City at one-for-one cash out a portion of his or her accumulated vacation time, up to a maximum of ninety-six (96) hours of vacation leave per any twelve (12) month period. City shall grant paid vacation leave for all probationary and regular employees represented by the Association according to the following schedule:

Years of Service Completed
0 - 4 years
5 - 9 years
10+ years
Accrual Rate
10 days (2 weeks)
15 days (3 weeks)
20 days ( 4 weeks)
No vacation shall be taken for a period exceeding the maximum hours accumulated at any given time. Vacation leave only accrues when an employee is in a paid status and not when an employee is on a Leave of Absence for more than thirty (30) days.

An Employee may accumulate a maximum of three hundred and sixty (360) hours of vacation leave. If an employee's vacation leave balance exceeds three hundred and sixty (360) hours, the employee shall cease earning vacation leave until the balance is 359 hours or less at the beginning of the month. Any Employee that is in excess of three hundred sixty (360) hours of vacation leave at the time of entering this agreement will continue to accrue vacation leave up to four hundred and eighty ( 480) hours and be required to reduce their vacation leave balance to the three hundred and sixty (360) hour maximum by May 31 , 2027. Except as otherwise set forth herein, accrual and use of vacation leave shall be subject to the Personnel Rules and Regulations.

An employee may accumulate a maximum of four hundred and eighty (480 hours) of sick leave.

If an employee's sick leave balance exceeds 480 hours, the employee shall cease earning sick leave until the balance is 4 79 hours or less at the beginning of the next pay period. 15 AVALON MUNICIPAL EMPLOYEE'S ASSOCIATION
Sick Leave Use: Sick leave pay shall be requested only in cases of actual personal sickness or disability, medical or dental treatment, or as authorized by the Personnel Officer under the provisions of the Federal Family Medical Leave Act and/or the California Family Rights Act, or California Labor Code Section 233 (use of sick leave). Use of accrued sick leave shall be allowed for the purpose of preventative medical, dental, and care of a parent, spouse, registered domestic partner or child. An employee contemplating to be off work due to illness or injury for an extended period of two (2) weeks or more may be required to provide a comprehensive health statement as to the length of absence from the employee's health care provider stating any duties the employee cannot perform and any restrictions or light duty requirements. In such events, FMLA and sick leave shall run concurrent. Employees requesting sick leave shall notify their immediate supervisor or department head prior to the time set for reporting to work. Sick leave with pay shall not be allowed unless an employee has met and complied with the provisions of this Memorandum of Understanding and the department head or the Personnel Officer has approved such payment.

Sick leave may be used for absence reasonably required by complications of pregnancy, continuing through delivery and reasonable period of recovery therefrom, to be determined in accordance with written reports from the employee's physician, specifying the expected date of delivery and the date that the employee should cease work. In no event shall an employee return to work after pregnancy prior to a date fixed by the physician in a signed statement that she is physically able to perform the duties of her position. Every regular employee shall be able to use accrued vacation, compensatory time, or holiday time when sick leave has been exhausted due to extended illness or injury unless they are on a medical certification program.

Pursuant to Kin Care legislation, employees may use up to 50% of their annual sick leave accrued to attend to the illness of their child, parent, spouse, or registered domestic partner of the employee.

Sick Leave Abuse: Sick leave shall not be abused. The City reserves the right to require a satisfactory statement of a licensed physician whenever an employee misses work due to an illness, injury or disability. The Department Head or Personnel Officer may require a written statement from the attending physician or dentist, or a physician or dentist to whom the department head or Personnel Officer directs the employee to report, to establish that the employee is or was incapacitated and unable to perform his duties. The Department Head or Personnel Officer may require a written statement from the attending physician or dentist, or from the physician or dentist to whom the department head or Personnel Officer has required the employee to report and be examined by, that the employee is capable of and released to return to the performance of all of the duties of his position. The physician's statement must verify than an injury or disability exists or existed, its beginning and ending dates and/or the employee's ability to return to work without presenting an immediate and significant risk to his own health or safety, or the health and safety of others, and any other requirement in accordance with the City's Sick Leave policy located in the Personnel Rules and Regulations. Abuse of sick leave shall be subject to progressive discipline, up to and including termination.

Management may not require doctor's verification for sick leave of less than three (3) days unless sick leave abuse is strongly suspected and reasonably demonstrated. 16 AV ALON MUNICIPAL EMPLOYEE'S ASSOCIATION
Sick leave shall be administered in accordance with the City of Avalon Personnel Rules and Regulations unless provided otherwise by a current MOU.

Separation: Upon separation from City employment, an employee is entitled to receive payment for unused sick leave limited to a maximum of two hundred and forty (240) hours in accordance with the following schedule:

Years of Service
2-4
5-9
10+
Balance Payable
25 % of accrued and unused sick leave (not to exceed 60 hours) 50% of accrued and unused sick leave (not to exceed 120 hours) 75% of accrued and unused sick leave (not to exceed 180 hours) When calculating the total amount payable to an employee upon separation for his or her accrued and unused sick leave, the Personnel Officer shall determine the total amount of accrued and unused sick leave, allocate an equal portion of such leave to each year of service, and determine the highest hourly pay rates for each year of service.

Retirement Health Premium Reimbursement Plan: Upon retirement from City employment, an employee may transfer unused sick and vacation time accrued amounts to pay for future medical premiums.

An employee is entitled to receive payment for unused sick leave limited to a maximum of two hundred and forty (240) hours in accordance with the following schedule:

Years of Service
2-4
5-9
10+
Balance Payable
25 % of accrued and unused sick leave (not to exceed 60 hours) 50% of accrued and unused sick leave (not to exceed 120 hours) 75% of accrued and unused sick leave (not to exceed 180 hours) When calculating the total amount payable to an employee upon separation for his or her accrued and unused sick leave, the Personnel Officer shall determine the total amount of accrued and unused sick leave, allocate an equal portion of such leave to each year of service, and determine the highest hourly pay rates for each year of service.

WORK SCHEDULE
The City's Department Supervisors will assign work and schedule employees in accordance with the requirements, responsibilities and needs of the City. It is the purview of the Department Supervisor to determine the hours of work and change work schedules and assignments. Any changes to an employee's work schedule, unless due to a state of emergency, will be provided to the employee with a minimum of 24 hours' notice.
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ALTERNATE WORK SCHEDULE
Upon supervisor approval, employees may be permitted to work a "9/80" work schedule, where the employee alternates between a calendar week of four 9- hour days and a calendar week of four 9- hour days plus one 8- hour day. Upon approval of such a request, the City will adjust the start and end of the employee 's workweek (as opposed to calendar week) to begin and end at the 4- hour mark of the 8- hour day. The City shall further determine the actual days to be worked for any employee working a "9/80" schedule.

HOLIDAYS
Employees shall not be required to be in attendance on paid holidays.

Paid holidays are authorized and observed as set forth in the City's Personnel Rules and Regulations. During the term of this MOU, there shall be twelve (12) regularly scheduled holidays.

Holiday time shall constitute eight (8) hours paid at straight time.

Regular employees may take twenty-four (24) hours of personal "floating holidays" leave per fiscal year. Floating holiday leave shall be scheduled with the approval of the employee's immediate supervisor. These personal holiday leave shall be with pay. Personal holiday leave shall be used in the year accrued; may not be carried over to a subsequent year or cashed out if unused; and shall not count as hours worked towards accrual of overtime. Newly hired employees shall receive a pro rata share of Holiday Leave based on their date of hire.

GRIEVANCE PROCEDURE
A grievance shall be any matter for which appeal is not otherwise provided or prohibited, concerning:

1. A dispute about the interpretation or application of this MOU and Personnel Rules and Regulations;
A. Informal Grievance Procedure:

An employee who has a problem or complaint should first try to get it settled through discussion with his immediate supervisor without undue delay - within one or two workdays of the event grieved. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to promptly discuss it with the supervisor's immediate superior, if any, in the administrative service. Every effort should be made without delay to find an acceptable solution by informal means at the lowest possible level of supervision.

If the employee, or the Association, is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the infom1al decision of his/her supervisor or the supervisor's immediate superior on matters within the statutory scope of representations.

B. Formal Grievance Procedure:
18 AVALON MUNICIPAL EMPLOYEE'S ASSOCIATION

1. First level of Review: A grievance shall be presented in wntmg to the employee's immediate supervisor within ten (I 0) calendar days of the informal process decision or of the event giving rise to the grievance, whichever is later.

The supervisor shall render his/her decision and comments in writing and return them to the employee within ten (10) calendar days after receiving the grievance. In the event that the supervisor does not render a decision within the 10 days or within a mutually agreed upon extension of the timeline, the employee has the right to move the grievance up to the next level of review.

2. Further Level or Levels of Review as Appropriate: The supervisors immediate superior receiving the grievance shall review it, render his/her decision and comments in writing, and return them to the employee within ten (10) calendar days after receiving the appeal. In the event that the supervisor does not render a decision within the 10 days or within a mutually agreed upon extension of the timeline, the employee has the right to move the grievance up to the next level of review.

3. Department Review: The Department Head receiving the grievance, or his/her designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons. The Department Head shall render his/her decision and comments in writing, and return them to the employee within ten (10) calendar days after receiving the appeal. If the employee, or the Association, does not agree with the decision reached, or if no answer has been received within ten (10) calendar days, he may present the appeal in writing to the City Manager. Failure of the employee to take further action within twenty (20) days after receipt of the decision, or within a total of twenty (20) days if no decisions is rendered, will constitute withdrawal of the grievance.

4. City Manager: The City Manager or his/her designee should discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The City Manager may designate an "investigation committee," or an officer not in the normal line of supervision, to advise him/her concerning the grievance. The appointing power shall render a decision in writing to the employee within twenty (20) days after receiving the grievance.

C. Grievance Arbitration:

1. Within ten (10) working days of the receipt of the City Manager's final decision, the Association may request arbitration by filing a written request.

The request for arbitration shall be in writing to the Department Head with a copy sent to the Personnel Officer/City Manager.

2. If either the City or the Association so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of a grievance fast. No hearing on the merits of the grievance shall be conducted until the issue of arbitrability has been decided.

3. The parties shall request a list of five (5) arbitrators, within ten (10) working days after receipt of the employee's request for arbitration, from the California State Mediation and Conciliation Service.

4. Within five (5) working days of receipt of the list, the parties shall mutually agree upon the person on the list who shall be the Arbitrator. If one person is 19 AVALON MUNICIPAL EMPLOYEE'S ASSOCIATION
not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names alternately strike names from such list with the last remaining name to be the person serving as Arbitrator. The party having first choice to strike a name from the list shall be determined by lot.

5. The City and the Association shall share the fees and expenses of the arbitrator and the certified court reporter equally. The services of the certified court reporter are optional. Both parties must agree if the certified court reporter is to be employed and that the cost shall be equally shared. Financial responsibility shall be established before the selection of an arbitrator. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. However, if either party declines the use of a court reporter, the party requesting the court reporter shall pay the entire cost of employing the court reporter.
a. If the Association cannot afford to pay the fees and expenses of the arbitration, the City may offer to provide a zero interest loan to the Association. Accumulated Association dues would pay down the loan monthly until the final balance is remitted.

6. The arbitrator's review is limited to the interpretation of this MOU and/or City's Personnel Rules and Regulations.

7. Decision: The decision of the arbitrator shall be made in writing within thirty (30) working days of the close of the hearing or the submission of written briefs.

The decision of the arbitrator shall be final.

D. Conduct of Grievance Procedure:

1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. If an employee receives no response at a particular level, he/she may proceed to the next appropriate level of review.

2. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his grievance at any level of review.

3. The employee and his representative may be privileged to use a reasonable amount of work time as determined by the appropriate Department Head in conferring about presenting the grievance.

4. Employees shall be assured freedom from reprisal for using the grievance procedure.

CATASTROPHIC LEAVE
A permanent employee may be granted a Catastrophic Leave for up 8 weeks, if the employee or eligible family member has suffered a catastrophic illness or injury, and exhausted all applicable accrued paid time. An eligible family member includes the employee's spouse, parent, child, sibling, grandparent, grandchild; in-laws and step-relatives in these relationships; and other persons residing in the employee's household for whom there is a personal obligation.

Catastrophic illness or injury is a serious non-work-related health condition which incapacitates the employee, or their eligible family member, and which creates a financial hardship because the employee has exhausted their sick and vacation leave, as well as any compensatory time off if employed in a non20

AV ALON MUNICIPAL EMPLOYEE'S ASSOCIATION
exempt position. A catastrophic illness or injury is defined as a serious illness, injury, impairment, or physical or mental condition that is present for a minimum of seven calendar days, and that involves:

I. A period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a hospital, hospice, or residential medical care facility; or

2. A period of incapacity requiring absence of more than seven calendar days from work, and that also involves continuing treatment by (or under the supervision of) a licensed health care provider; or

3. A period of incapacity (or for treatment) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or

4. A period of incapacity that is long-term due to a condition for which treatment may be ineffective (e.g., stroke, terminal disease, etc.); or

5. An absence to receive multiple treatments (including any period of recovery therefrom) either for restorative surgery after an accident or other injury, or for a chronic condition such as cancer or kidney disease.

All medical conditions are considered to be confidential information. No details regarding personal medical information will be provided in response to inquiries.

A permanent employee may donate up to 40 hours of accrued paid leave hours (sick leave, overtime, holiday, administrative leave, comp time, vacation), in a calendar year, to a City employee(s), when an employee or the employee's family member has suffered a catastrophic illness or injury.

II. ELIGIBILITY
A. The Personnel Officer (City Manager) must determine that the RECIPIENT:

1. is unable to work;

2. has exhausted all applicable accrued paid leave hours;

3. has provided sufficient documentation of need for himself/herself, or immediate family member;

4. has met the requirements outlined by the IRS and FLSA;

5. receives no more than 8 weeks in accrued paid leave hours for any one catastrophic illness or injury; and

6. has completed a "Request for Catastrophic Leave" form. (Form forthcoming) B. A Personnel Officer (City Manager) must determine that the DONOR:

1. will donate no more than 40 hours in total donations in a calendar year;

2. will maintain a minimum balance of 40 hours in their personal bank;

3. is donating in whole-hour increments; and

4. has completed a "Donation for Catastrophic Leave" form. (Form forthcoming) Notes:
• Once donated, hours cannot be returned to the donor.
• Donations are exchanged for an hour-for-hour basis regardless of pay rate. • Donor participation will be confidential.
21 AVALON MUNICIPAL EMPLOYEE'S ASSOCIATION
• An employee who has applied to receive Worker's Compensation benefits is not eligible to apply for Catastrophic Leave.
• All requests for Catastrophic Leave must be approved by the City Manager and Finance Director.

The Parties AGREE to include the foregoing language to the current MOU this __ day of August 2025 :

On Behalf of the City of Avalon:

David M. Maistros, City Manager
On Behalf of the Avalon Municipal
Employees' Association:

Christy Alegria
Miguel Bonilla
Victor Cazares
Jose Cuevas
Fred Lona
Luis Garcia
Aliana Gonzales
Joe Guion
22 AVALON MUNICIPAL EMPLOYEE' S ASSOCIATION
On Behalf of the Avalon Municipal Employees' Association (cont.):

Philip Hernandez Rogelio Hernandez
Martin Jaime Jose Mojica
Marisa Morones Jose Pedroza
Rigoberto Pedroza Ofelia Peguero
Amanda Pobul Diana Rios
Florentino Rodriguez Donna Romo
Louis Rubio Jose Silva
Francisco Virgen
23 AVALON MUNICIPAL EMPLOYEE' S ASSOCIATION

APPENDIX A - WAGE SCHEDULE
24 City of Avalon
Master Classlflcatlon and Salary Schedule

MOU - AMEA
. . .. Office Assistant NE 11 Hourly 21 .12 21 ,65 22.19 22,74 23,31 23.89 Year 1 Bi-weekly 1,690 1,732 1,775 1,819 1,865 1,911 1,959 Monthly 3,661 3,753 3,846 3,942 4,040 4,141 4,245
Annual 43,930 45,032 46,155 47,299 48,485 49,691 50,939 . , .. Office Assistant NE 12 Hourly 21 ,65 22.19 22.74 23,31 23,89 24.49 25.10 Year2 Bi-weekly 1,732 1,775 1,819 1,865 1,911 1,959 2,008 Monthly 3,753 3,846 3,942 4,040 4,141 4,245 4,351
Annual 46,155 47,299 48,485 49,691 50,939 52,208
Office Assistant NE 13 Hourly 22.19 22.74 23.31 23,89 24.49 25,10 25,73 Year3 Bi-weekly 1,775 1,819 1,865 1,911 1,959 2,008 2,058 Monthly 3,846 3,942 4,040 4,141 4,245 4,351 4,460
Annual 46,155 47,299 48,485 49,691 50,939 52,208 53,518 . , .. drrinistrative Assistant NE 19 Hourly 25.73 26.37 27.03 27.71 28.40 29.11 29.84 Year 1 Bi-weekly 2,058 2,110 2,162 2,217 2,272 2,329 2,387 Monthly 4,460 4,571 4,685 4,803 4,923 5,046 5,172
Annual 53,518 54,850 56,222 57,637 59,072 60,549 62,067 Adrrinistrative Assistant NE 20 Hourly 26.37 27.03 27,71 28,40 29.11 29.84 30,59 Year2 Bi-weekly 2,110 2,162 2,217 2,272 2,329 2,387 2,447 Monthly 4,571 4,685 4,803 4,923 5,046 5,172 5,302
Annual 54,850 56,222 57,637 59,072 60,549 62,067 63,627 AdrrinistraUve Assistant NE 21 Hourly 27.03 27.71 28.40 29,11 29.84 30.59 31 .35 Year 3 Bi-weekly 2,162 2,217 2,272 2,329 2.387 2,447 2,508 Monthly 4,685 4,803 4,923 5,046 5,172 5,302 5,434
Annual 56,222 57,637 59,072 60,549 62,067 63,627 65,208 Sr. Administrative Assistant NE 25 Hourly 29.84 30.59 31 .35 32.13 32.93 33.75 34.59 Year 1 Bi-weekly 2,387 2,447 2,508 2,570 2,634 2,700 2,767 Monthly 5,172 5,302 5,434 5,569 5.708 5,850 5,996
Annual 62,067 63,627 65,208 66,830 68,494 70,200 71 ,947 Sr. Adrrinistrative Assistant NE 26 Hourly 30.59 31 .35 32.13 32.93 33.75 34.59 35,45 Year 2 Bi-weekly 2,447 2,508 2,570 2,634 2,700 2,767 2,836 Monthly 5,302 5,434 5,569 5,708 5,850 5,996 6,145
Annual 63,627 65,208 66,830 68,494 70,200 71 ,947 73,736 Sr. Administrative Assistant NE 27 Hourly 31 .35 32.13 32.93 33,75 34.59 35.45 36,34 37.25 38.18 39,13 Year3 Bi-weekly 2,508 2,570 2,634 2.700 2,767 2,836 2,907 2,980 3,054 3,130 Monthly 5,434 5,569 5,708 5,850 5,996 6,145 6,299 6,457 6.618 6,783 Annual 65,208 66,830 68,494 70,200 71 ,947 73,736 75,587 77,480 79,414 81 ,390 City of Avalon
Master Classlflcation and Salary Schedule

MOU - AMEA
Human Resources Technician NE 25 Hourly 29,84 30.59 31.35 32.13 32.93 33.75 34.59 35.45 36,34 37.25 Year 1 Bi-weekly 2,387 2,447 2,508 2,570 2,634 2,700 2,767 2,836 2,907 2,980 Monthly 5,172 5,302 5,434 5,569 5,708 5,850 5,996 6,145 6,299 6,457 Annual 62,067 63,627 65,208 66,830 68,494 70,200 71 ,947 73,736 75,587 77,480 Human Resources Technician NE 26 Hourly 30.59 31 .35 32.13 32,93 33.75 34.59 35,45 36.34 37.25 38.18 Year2 Bi-weekly 2,447 2,508 2,570 2,634 2.700 2,767 2,836 2,907 2,980 3,054 Monthly 5,302 5,434 5,569 5,708 5,850 5,996 6,145 6,299 6,457 6,618 Annual 63,627 65,208 66,830 68,494 70,200 71 ,947 73,736 75,587 77,480 79,414 -. .. Human Resources Technician NE 27 Hourly 31 .35 32.13 32.93 33.75 34.59 35.45 36.34 37.25 38.18 39.13 Year 3 Bi-weekly 2,508 2,570 2,634 2,700 2,767 2,836 2,907 2,980 3,054 3,130 Monthly 5,434 5,569 5,708 5,850 5,996 6,145 6,299 6,457 6,618 6,783 Annual 65,208 66,830 68,494 70,200 71 ,947 73,736 75,587 77,480 79,414 81 ,390 . . .. Plaming Technician NE 25 Hourly 29.84 30,59 31 ,35 32.13 32.93 33.75 34.59 35.45 36.34 37.25 Year 1 Bi-weekly 2,387 2,447 2,508 2,570 2,634 2.700 2,767 2,836 2,907 2,980 Monthly 5,172 5,302 5,434 5,569 5,708 5,850 5,996 6,145 6,299 6,457 Annual 62,067 63,627 65,208 66,830 68,494 70,200 71 ,947 73,736 75,587 77,480 Plamlng Technician NE 26 Hourly 30.59 31.35 32.13 32.93 33,75 34.59 35,45 36.34 37.25 38.18 Year2 Bi-weekly 2,447 2,508 2,570 2,634 2,700 2,767 2,836 2,907 2,980 3,054 Monthly 5,302 5,434 5,569 5,708 5,850 5,996 6,145 6,299 6,457 6,618 Annual 63,627 65,208 66,830 68,494 70,200 71 ,947 73,736 75,587 77,480 79,41 4 . . .. Planning Technician NE 27 Hourly 31 .35 32.13 32.93 33.75 34.59 35.45 36,34 37.25 38.18 39.13 Year3 Bi-weekly 2,508 2,570 2,634 2.700 2,767 2,836 2,907 2,980 3,054 3,130 Monthly 5,434 5,569 5,708 5,850 5,996 6,145 6,299 6,457 6,618 6,783 Annual 65.208 66,830 68,494 70,200 71,947 73,736 75,587 77,480 79.414 81 ,390 AdfTinistrative Analyst E 32 Hourly 35.45 36.34 37.25 38.18 39.13 40,11 41 .11 42,14 43.19 4427 Year 1 Bi-weekly 2,836 2,907 2,980 3,054 3,130 3,209 3,289 3,371 3,455 3,542 Monthly 6,145 6,299 6,457 6,618 6,783 6,952 7,126 7,304 7,486 7,674 Annual 73,736 75,587 77,480 79,414 83,429 85,509 87,651 89,835 92,082 dfTinistrative Analyst E 33 Hourly 36.34 37.25 38.18 39.13 40.11 41 .11 42.14 43,19 44.27 45.38 Year2 Bi-weekly 2,907 2,980 3,054 3,130 3,209 3,289 3,371 3,455 3,542 3,630 Monthly 6,299 6,457 6,618 6,783 6,952 7,126 7,304 7,486 7,674 7,866 Annual 75,587 77,480 79,414 81 ,390 83,429 85,509 87,651 89,835 92,082 94,390 AdfTinistrative Analyst E 34 Hourly 37,25 38.18 39.13 40.11 41 .11 42.14 43.19 44.27 45.38 46,51 Year3 Bi-weekly 2,980 3,054 3,130 3,209 3,289 3,371 3,455 3,542 3,630 3,721 Monlhly 6,457 6,618 6,783 6,952 7,126 7,304 7,486 7,674 7,866 8,062 Annual 77,480 79,41 4 81 ,390 83,429 85,509 87,651 89,835 92,082 94,390 96,741 City of Avalon
Master Claaslflcatlon and Salary Schedule

MOU -AMEA
. . .. Accounting Technician I NE 19 Hourly 25.73 26.37 27.03 27.71 28.40 29.11 29.64 30,59 Year 1 Bi-weekly 2,058 2,110 2,162 2,217 2,272 2,329 2,387 2,447 Monthly 4,460 4,571 4,685 4,803 4,923 5,046 5,172 5,302 Annual 53,518 54,850 56,222 57,637 59,072 60,549 62,067 63,627 Accounting Technician I NE 20 Hourly 26.37 27.03 27.71 28.40 29.11 29.64 30.59 31 .35 Year 2 Bi-weekly 2,110 2,162 2,217 2,272 2,329 2,387 2,447 2,508 Monthly 4,571 4,685 4,803 4,923 5,046 5,172 5,302 5,434 Annual 54,850 56,222 57,637 59,072 60,549 62,067 63,627 65,208 Accounting Technician I NE 21 Hourly 27.03 27,71 28.40 29.11 29,84 30.59 31 ,35 32.13 Year 3 Bi-weekly 2,162 2,217 2,272 2,329 2,387 2,447 2,508 2,570 Monthly 4,685 4,803 4,923 5,046 5,172 5,302 5,434 5,569 Annual 56,222 57,637 59,072 60,549 62,067 63,627 65,208 66,830 . . .. Accounting Technician II NE 25 Hourly 29.64 30.59 31 .35 32.13 32.93 33.75 34.59 Year 1 Bi-weekly 2,387 2,447 2,508 2,570 2,634 2,700 2,767 Monthly 5,172 5,302 5,434 5,569 5,708 5,850 5,996
Annual 63,627 65,208 68,494 70,200 71 ,947
Accounting Technician II NE 26 Hourly 30,59 31 .35 32.13 32.93 33,75 34,59 35.45 Year2 Bi-weekly 2,447 2,508 2,570 2,634 2,700 2,767 2,836 Monthly 5,302 5,434 5,569 5,708 5,850 5,996 6,145
Annual 63,627 65,208 66,830 68,494 70,200 71 ,947 73,736 . . .. Accounting Technician II NE 27 Hourly 31 .35 32.13 32.93 33.75 34.59 35.45 36.34 Year3 Bi-weekly 2,508 2,570 2,634 2,700 2,767 2,836 2,907 Monthly 5,434 5,569 5,708 5,850 5,996 6,145 6,299
Annual 65,208 66,830 68,494 70,200 71,947 73,736 75,587 ccounting Technician Ill NE 32 Hourly 32,93 33.75 34.59 35.45 36.34 37,25 38.18 Year 1 Bi-weekly 2,634 2,700 2,767 2,836 2,907 2,980 3,054 Monthly 5,708 5,850 5,996 6,145 6,299 6,457 6,618
Annual 68,494 70,200 71,947 73,736 75,587 77,480 79,414 ·- .. Accounting Technician Ill NE 33 Hourly 33.75 34.59 35.45 36.34 37.25 38.18 39.13 Year2 Bi-weekly 2,700 2,767 2,836 2,907 2,980 3,054 3,130 Monthly 5,850 5,996 6,145 6,299 6,457 6,618 6,783
Annual 70,200 71 ,947 75,587 77,480 81 ,390
Accounting Technician Ill NE 34 Hourly 34.59 35.45 36.34 37.25 38.18 39.13 40.11 Year3 Bi-weekly 2,767 2,836 2,907 2,980 3,054 3,130 3,209 Monthly 5,996 6,145 6,299 6,457 6,618 6,783 6,952
Annual 71 ,947 73,736 75,587 77,480 79,414 81 ,390 83,429 Accountant NE 29 Hourly 32.93 33.75 34.59 35,45 36.34 37.25 38.18 Year 1 Bi-weekly 2,634 2,700 2,767 2,836 2,907 2,980 3,054 Monthly 5,708 5,850 5,996 6,145 6,299 6,457 6,618
Annual 68,494 70,200 73,736 75,587 77,480 79,41 4
NE 30 Hourly 33.75 34.59 35.45 36.34 37.25 38.18 39,13
Bi-weekly 2,700 2,767 2,836 2,907 2,980 3,054 3,130
Monthly 5,850 5,996 6,145 6,299 6,457 6,618 6,783
Annual 70,200 71 ,947 73,736 75,587 77,480
NE 31 Hourly 34.59 35.45 36,34 37.25 38.18 39.13 40,11 41.11 42.14 43.19 Year3 Bi-weekly 2,767 2,836 2,907 2,980 3,054 3,130 3,209 3,289 3,371 3,455 Monthly 5,996 6,145 6,299 6,457 6,618 6,783 6,952 7,126 7,304 7,486 Annual 71 ,947 73,736 75,587 77,480 79,414 81 ,390 83,429 85,509 87,651 89,835 City of Avalon
Master Claaalflcatlon and Salary Schedule

MOU - AMEA
·- .. Recreation Aide NE 5 Hourly 1820 18.66 19.13 19.61 20.10 20.60 21.12 21.65 22.19 22.74 Year 1 Bi-weekly 1,456 1,493 1,530 1,569 1,608 1,648 1,690 1,732 1,775 1,819 Monthly 3,155 3,234 3,316 3,399 3,484 3.571 3,661 3,753 3,846 3.942 Annual 37,856 38,813 39,790 40,789 41,808 42,848 43,930 45,032 46,155 47,299 Recreation Aide NE 6 Hourly 18.66 19.13 19.61 20.10 20.60 21.12 21.65 22.19 22.74 23.31 Year2 Bi-weekly 1,493 1,530 1,569 1,608 1,648 1,690 1,732 1,775 1,819 1,865 Monthly 3,234 3,316 3,399 3,484 3,571 3,661 3,753 3,846 3,942 4,040 Annual 38.813 39,790 40,789 41 ,808 42,848 43,930 45,032 46,155 47,299 48,485 ·- .. Recreation Aide NE 7 Hourly 19.13 19.61 20.10 20.60 21.12 21.65 22.19 22.74 23.31 23.89 Year3 Bi-weekly 1,530 1,569 1,608 1.648 1,690 1,732 1,775 1,819 1.865 1,911 Monthly 3,316 3,399 3,484 3,571 3,661 3,753 3,846 3,942 4,040 4.141 Annual 39,790 40,789 41 ,808 42,848 43,930 45,032 46,155 47,299 48,485 49,691 Recreation Leader NE 11 Hourly 21 .12 21.65 22.19 22.74 23.31 23.89 24.49 25.10 25.73 26.37 Year 1 Bi-weekly 1,690 1,732 1,775 1.819 1,865 1,911 1,959 2,008 2,058 2,110 Monthly 3,661 3.753 3,846 3.942 4,040 4.141 4,245 4.351 4,460 4,571 Annual 43,930 45,032 46,155 47,299 48,485 49,691 50,939 52,208 53,518 54,850 Recreation Leader NE 12 Hourly 21 .65 22.19 22.74 23.31 23.89 24.49 25.10 25.73 26.37 27.03 Year2 Bi-weekly 1,732 1,775 1,819 1,865 1,911 1,959 2,008 2,058 2,110 2,162 Monthly 3,753 3.846 3,942 4.040 4.141 4,245 4,351 4,460 4,571 4,685 Annual 45,032 46,155 47,299 48,485 49,691 50,939 52,208 53,518 54,850 56,222 ·- .. Recreation Leader NE 13 Hourly 22.19 22.74 23.31 23.89 24.49 25.10 25.73 26.37 27.03 27.71 Year3 Bi-weekly 1,775 1,819 1,865 1,911 1,959 2,008 2,058 2,110 2,162 2,217 Monthly 3,846 3,942 4,040 4,141 4,245 4,351 4,460 4,571 4,685 4,803 Annual 46,155 47,299 48,485 49,691 50,939 52,208 53,518 54,850 56,222 57,637 Recreation Coordinator NE 25 Hourly 29.84 30.59 31 ,35 32.13 32.93 33.75 34.59 35.45 Year 1 Bi-weekly 2,387 2,447 2,508 2,570 2,634 2.700 2,767 2,836 Monthly 5,172 5,302 5,434 5,569 5,708 5,850 5,996 6,145 Annual 62,067 63,627 65,208 66,830 68,494 70,200 71 ,947 73,736 · - .. Recreation Coordinator NE 26 Hourly 30.59 31 .35 32.13 32.93 33.75 34.59 35.45 36.34 Year 2 Bi-weekly 2,447 2,508 2,570 2,634 2,700 2,767 2.836 2,907 Monthly 5.302 5.434 5,569 5,708 5.850 5,996 6,145 6,299 Annual 63,627 65,208 66,830 68,494 70,200 71 ,947 73,736 75,587 Recreation Coordinator NE 27 Hourly 31.35 32.13 32.93 33.75 34.59 35.45 36.34 37.25 38.18 39.13 Year3 Bi-weekly 2,508 2,570 2,634 2.700 2.767 2,836 2,907 2,980 3,054 3,130 Monthly 5,434 5,569 5,708 5,850 5,996 6,145 6,299 6,457 6,618 6,783 Annuat 65,208 66.830 68,494 70,200 71,947 73,736 75,587 77,480 79,414 81 ,390 City of Avalon
Master Claaalflcatlon and Salary Schedule

MOU - AMEA
Parking Enforcement Officer NE 14 Hourly 22.74 23.31 23.89 24.49 25.10 25.73 26.37 27.03 27.71 28.40 Year 1 Bi-weekly 1,819 1,865 1,911 1.959 2,008 2,058 2,110 2,162 2,217 2,272 Monthly 3,942 4,040 4,141 4,245 4,351 4,460 4,571 4,685 4,803 4,923 Annual 47,299 48,485 49.691 50,939 52,208 53,518 54,850 56,222 57,637 59,072 Parking Enforcement Officer NE 15 Hourly 23.31 23.89 24.49 25.10 25.73 26.37 27.03 27.71 28.40 29.11 Year2 Bi-weekly 1,865 1,911 1,959 2,008 2,058 2,110 2,162 2,217 2,272 2,329 Monthly 4.040 4,141 4,245 4,351 4,460 4,571 4,685 4,803 4.923 5,046 Annual 48,485 49,691 50,939 52,208 53,518 54,850 56,222 57,637 59,072 60,549 .. .. Parking Enforcement Officer NE 16 Hourly 23.89 24.49 25.10 25.73 26.37 27.03 27.71 28.40 29.11 29.84 Year3 Bi-weekly 1.911 1.959 2,008 2,058 2,110 2,162 2,217 2,272 2,329 2,387 Monthly 4,141 4.245 4,351 4,460 4.571 4,685 4.803 4,923 5,046 5,172 Annual 49,691 50,939 52,208 53,518 54,850 56,222 57,637 59,072 60,549 62,067 . . .. Code Enforcement Officer NE 29 Hourly 32.93 33.75 34.59 35.45 36.34 37.25 38.1 8 39.13 40.11 41 .11 Year 1 Bi-weekly 2,634 2.700 2.767 2,836 2,907 2,980 3,054 3,130 3,209 3,289 Monthly 5,708 5,850 5,996 6,145 6,299 6,457 6,618 6,783 6,952 7,126 Annual 68,494 70,200 71 ,947 73,736 75,587 77,480 79,414 81 ,390 83.429 85,509 . . .. Code Enforcement Officer NE 30 Hourly 33.75 34.59 35.45 36.34 37.25 38.18 39.13 40.11 41 .11 42.14 Year2 Bi-weekly 2,700 2,767 2,836 2,907 2,980 3,054 3,130 3,209 3,289 3,371 Monthly 5.850 5,996 6,145 6,299 6,457 6,618 6.783 6,952 7,126 7,304 Annual 70,200 71 .947 73,736 75,587 77,480 79,414 81 ,390 83,429 85,509 87,651 . . .. Code Enforcement Officer NE 31 Hourly 34.59 35.45 36.34 3725 38.18 39.13 Year3 Bi-weekly 2,767 2,836 2,907 2,980 3,054 3,130 3,289 Monthly 5,996 6,145 6.299 6,457 6,618 6,783 6,952 7,126 Annual 71 ,947 73,736 75,587 77,480 79,414 81 ,390 83,429 85,509 Code Enforcement Officer NE 39 Hourly 42.14 43.19 44.27 45.38 46.51 47.67 48.86 50.08 51 .33 52.61 • Lead Year 1 Bi-weekly 3,371 3,455 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 Monthly 7,304 7,486 7,674 7,866 8,062 8,263 8,469 8,681 8,897 9,119 Annual 87,651 89,835 92,082 94,390 96,741 99,154 101 ,629 104,166 106.766 109,429 Code Enforcement Officer NE 40 Hourly 43.19 44.27 45.38 46.51 47.67 48.86 50.08 51 .33 52.61 53.93 • Lead Year2 Bi-weekly 3,455 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4.209 4,31 4 Monthly 7,486 7,674 7,866 8,062 8,263 8,469 8,681 8,897 9,119 9,348 Annual 89.835 92,082 94,390 96,741 99,154 101 ,629 104,166 106,766 109,429 . . .. Code Enforcement Officer NE 41 Hourly 44.27 45.38 46.51 47.67 48.86 50.08 51 .33 52.61 53.93 55.28 - Lead Year 3 Bi-weekly 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 4,314 4,422 Monthly 7,674 7,866 8,062 8,263 8,469 8,681 8,897 9,119 9,348 9,582 Annual 92,082 94,390 96,741 99,154 101 ,629 104,166 106,766 109,429 112,174 114,982 City of Avalon
Master Classlflcatlon and Salary Schedule

MOU - AMEA
. . .. Equipment Mechanic NE 23 Hourty 28.40 29.11 29.84 30.59 31 .35 32.13 32.93 33.75 34.59 35.45 Year 1 Bi-weekly 2,272 2,329 2,387 2,447 2,508 2,570 2,634 2,700 2,767 2,836 Monthly 4,923 5.046 5,172 5,302 5,434 5,569 5,708 5,850 5,996 6,145 Annual 59,072 60,549 62,067 63,627 65,208 66,830 68,494 71 ,947 73,736 . . .. Equipment Mechanic NE 24 Hourty 29.11 29.84 30.59 31 .35 32.13 32.93 33.75 34.59 35.45 36.34 Year2 Bi-weekly 2,329 2,387 2,447 2,508 2,570 2,634 2,700 2,767 2,836 2,907 Monthly 5,046 5,172 5,302 5,434 5,569 5,708 5,850 5,996 6,145 6,299 Annual 60,549 62,067 63,627 65,208 68,494 70,200 71 .947 73,736 75,587 . . .. Equipment Mechanic NE 25 Hourty 29.84 30.59 31 .35 32.13 32.93 33.75 34.59 35.45 36.34 37.25 Year3 Bi-weekly 2,387 2,447 2,508 2,570 2,634 2,700 2,767 2,836 2,907 2,980 Monthly 5,172 5,302 5,434 5,569 5,708 5,850 5,996 6,145 6,299 6,457 Annual 62,067 63,627 65,208 66,830 68,494 70,200 71 ,947 73,736 75,587 77,480 Senior Equipment Mechanic NE 29 Hourty 32.93 33.75 34.59 35.45 36.34 37.25 38.18 39.13 40.11 41 .11 Year 1 Bi-weekly 2,634 2,700 2,767 2,836 2,907 2,980 3,054 3,130 3,209 3,289 Monthly 5,708 5,850 5,996 6,145 6,299 6,457 6,618 6,783 6,952 7,126 Annual 68,494 70,200 71 ,947 73,736 75,587 77,480 79,414 81 ,390 83,429 85,509 Senior Equipment Mechanic NE 29 Hourty 32.93 33.75 34.59 35.45 38.34 37.25 38.18 39.13 40.11 41 .11 Year2 Bi-weekly 2,634 2,700 2,767 2,836 2,907 2,980 3,054 3,130 3,209 3,289 Monthly 5,708 5,850 5,996 6.145 6,299 6,457 6,618 6,783 6,952 7,126 Annual 68,494 70,200 71 ,947 73,736 75,587 77,480 79,414 81 ,390 83,429 85,509 Senior Equipment Mechanic NE 29 Hourty 32.93 33.75 34.59 35.45 36.34 37.25 38.18 39.13 40.11 41 .11 Year3 Bi-weekly 2,634 2,700 2,767 2,836 2,907 2,980 3,054 3,130 3,209 3,289 Monthly 5,708 5,850 5,996 6,145 6,299 6,457 6,618 6,783 6,952 7,126 Annual 68,494 70,200 71 ,947 73,736 75,587 77,480 79,414 81 ,390 83,429 85,509 . . .. Garage Lead Worker NE 34 Hourty 37.25 38.18 3913 40.11 41 .11 42.14 43.19 44.27 45.38 46.51 Year 1 Bi-weekly 2,980 3,054 3,130 3,209 3,289 3,371 3,455 3,542 3,630 3,721 Monthly 6,457 6,618 6,783 6,952 7,126 7,304 7,486 7,674 7,866 8,062 Annual 77,480 79,414 81 ,390 83,429 85,509 87,651 89,835 92,082 94,390 96,741 Garage Lead Wort<er NE 35 Hourty 38.18 39.13 40.11 41 .11 42.14 43.19 44.27 45.38 46.51 47.67 Year2 Bi-weekly 3,054 3,130 3,209 3,289 3,371 3,455 3,542 3,630 3,721 3,814 Monthly 6,618 6,783 6,952 7,126 7,304 7,486 7,674 7,866 8,062 8,263 Annual 79,414 81 ,390 83,429 85,509 87,651 89,835 92,082 94,390 96,741 99,154 . . .. Garage Lead Wort<er NE 36 Hourty 39.13 40.11 41 .11 42.14 43.19 44.27 45.38 46.51 47.67 48.86 Year3 Bi-weekly 3,130 3,209 3,289 3,371 3,455 3,542 3,630 3,721 3,814 3,909 Monthly 6,783 6,952 7,126 7,304 7,486 7,674 7,866 8,062 8,263 8,469 Annual 81 ,390 83,429 85,509 87,651 89,835 92,082 94,390 96,741 99,154 101,629 City or Avalon
Master Cl1111flcation and Salary Schedule

MOU-AMEA
.. .. Harbor Maintenance Worl<er I NE 18 Hour1y 25.10 25.73 26.37 27.03 27.71 28.40 29.11 29.84 Year 1 Bi-weekly 2,008 2,058 2,110 2,162 2,217 2,272 2,329 2,387 Monthly 4,351 4,460 4,571 4,685 4,803 4,923 5,046
Annual 52.208 53,518 54,850 56.222 57,637 59,072
Harbor Maintenance Worl<er I NE 19 Hourly 25.73 26.37 27.03 27.71 28.40 29.11 Year2 Bi-weekly 2,058 2,110 2,162 2,217 2,272 2,329 2,387 Monthly 4,460 4.571 4.685 4,803 4,923 5,046 5,172
Annual 53,518 54,850 56,222 57,637 59,072 60,549 62,067 Harbor Maintenance Worl<er I NE 20 Hour1y 26.37 27.03 27.71 28.40 29.11 29.84 30.59 Year3 Bi-weekly 2,110 2,162 2,217 2,272 2,329 2,387 2,447 Monthly 4,571 4,685 4,803 4,923 5,046 5,172 5.302
Annual 54,850 56,222 57,637 59,072 60,549 62,067 63,627 . . .. Harbor Maintenance Worl<er II NE 22 Hour1y 27.71 28.40 29.11 29.84 30.59 31 .35 32.13 Year 1 Bi-weekly 2,217 2,272 2,329 2,387 2,447 2,508 2,570 Monthly 4,803 4,923 5,046 5,172 5,302 5,434 5,569
Annual 57,637 59,072 60,549 62.067 63,627 65,208 66,830 Harbor Maintenance Worl<er II NE 23 Hour1y 28.40 29.11 29.84 30.59 31 .35 32.13 32.93 Year 2 Bi-weekly 2,272 2.329 2,387 2,447 2,508 2.570 2,634 Monthly 4,923 5,046 5,172 5,302 5,434 5,569 5,708
Annual 59,072 60,549 62,067 63,627 65.208 66,830 68,494 Harbor Maintenance Worl<er II NE 24 Hour1y 29.11 29.84 30.59 31 .35 32,13 32.93 33.75 Year3 Bi-weekly 2,329 2,387 2,447 2.508 2,570 2,634 2,700 Monthly 5,046 5.172 5,302 5,434 5,569 5,708 5,850
Annual 60,549 62,067 63,627 65,208 66,830 68,494 70,200 Harbor Maintenance Worl<er Ill NE 26 Hour1y 30.59 31 .35 32.13 32.93 33,75 34.59 35.45 Year 1 Bi-weekly 2,447 2.508 2,570 2,634 2,700 2,767 2,836 Monthly 5,302 5,434 5,569 5,708 5,850 5,996 6,145
Annual 63,627 65,208 66,830 68,494 70,200 71 ,947 73,736 Harbor Maintenance Worl<er Ill NE 27 Hourly 31 .35 32.13 32.93 33.75 34.59 35.45 36.34 37.25 38.18 39.13 Year2 Bi-weekly 2,508 2,570 2,634 2,700 2,767 2,836 2,907 2,980 3,054 3,130 Monthly 5,434 5,569 5,708 5,850 5,996 6,145 6,299 6,457 6,618 6,783 Annual 65,208 66,830 68,494 70,200 71 ,947 73,736 75,587 77,480 79,414 81 ,390 Harbor Maintenance Worl<er Ill NE 28 Hour1y 32.13 32.93 33.75 34.59 35.45 36.34 37.25 38.18 39.13 40.11 Year3 Bi-weekly 2,570 2,634 2,700 2.767 2.836 2,907 2,980 3,054 3,130 3,209 Monthly 5,569 5,708 5,850 5,996 6,145 6,299 6,457 6,618 6,783 6,952 Annual 66,830 68.494 70,200 71 ,947 73,736 75,587 77,480 79,414 81,390 83,429 City of Avalon
Mister ClaHlftcation and Salary Schedule

MOU-AMEA
Maintenance Worker I NE 18 Hourly 25.10 25.73 26.37 27.03 27.71 28.40 2911 29.84 30.59 31 .35 Year 1 Bi-weekly 2,008 2,058 2,110 2,162 2,217 2,272 2,329 2,387 2,447 2,508 Monthly 4,351 4,460 4,571 4,685 4,803 4,923 5,046 5,172 5,302 5,434 Annual 52,208 53,518 54,850 56,222 57,637 59,072 60,549 62,067 63,627 65,208 . . " Maintenance Worker I NE 19 Hourly 25.73 26.37 27.03 27.71 28.40 29.11 29.84 30.59 31 .35 32.13 Year2 Bi-weekly 2,058 2,110 2,162 2,217 2,272 2.329 2,387 2,447 2,508 2,570 Monthly 4,460 4,571 4,685 4,803 4,923 5,046 5,172 5.302 5,434 5,569 Annual 53,51 8 54,850 56,222 57,637 59,072 60,549 62,067 65,208 66,830 . . " Maintenance Worker I NE 20 Hourly 26.37 27.03 27.71 28.40 29.11 29.84 30.59 31 .35 32.13 32.93 Year3 Bi-weekly 2,110 2,162 2,217 2.272 2,329 2,387 2,447 2,508 2,570 2,634 Monthly 4,571 4,685 4,803 4,923 5,046 5,172 5,302 5,434 5,569 5,708 Annual 54,850 56,222 57,637 59,072 60,549 62,067 63,627 65,208 66,830 68,494 Maintenance Worker II NE 22 Hourly 27.71 28.40 29.11 29.84 30.59 31 .35 32.13 32.93 33.75 34.59 Year 1 Bi-weekly 2,217 2.272 2,329 2,387 2,447 2,508 2,570 2.634 2,700 2.767 Monthly 4,803 4,923 5.046 5.172 5,302 5,434 5,569 5.708 5,850 5,996 Annual 57,637 59,072 60,549 62,067 63,627 65,208 66,830 68,494 70,200 71 ,947 . . .. Maintenance Worker II NE 23 Hourly 28.40 29.11 29.84 30.59 31 .35 32.13 32.93 33.75 34.59 35.45 Year2 Bi-weekly 2,272 2,329 2,387 2.447 2,508 2,570 2,634 2,700 2,767 2,836 Monthly 4,923 5,046 5,172 5,302 5,434 5,569 5,708 5,850 5,996 6,145 Annual 59,072 60,549 62,067 63,627 65,208 66,830 68,494 70.200 71 ,947 73,736 . . .. Maintenance Worker II NE 24 Hourly 29.11 29.84 30.59 31 .35 32.1 3 32.93 33.75 34.59 35.45 36.34 Year 3 Bi-weekly 2,329 2,387 2,447 2,508 2,570 2,634 2.700 2,767 2,836 2,907 Monthly 5,046 5,172 5,302 5,434 5,569 5,708 5,850 5,996 6,145 6,299 Annual 60,549 62,067 63,627 65,208 66,830 68,494 70,200 71 .947 73,736 75,587 Maintenance Worker Il l NE 26 Hourly 30.59 31 .35 32.13 32.93 33.75 34.59 35.45 36.34 37.25 38.18 Year 1 Bi-weekly 2,447 2.508 2,570 2,634 2,700 2,767 2,836 2,907 2,980 3.054 Monthly 5,302 5,434 5,569 5,708 5.850 5,996 6,145 6,299 6,457 6,618 Annual 63,627 65,208 66,830 68,494 70,200 71 ,947 73,736 75,587 77,480 79,414 . . .. Maintenance Worker Ill NE 27 Hourly 31 .35 32.13 32.93 33.75 34.59 35.45 36.34 37.25 38.18 39.13 Year2 Bi-weekly 2.508 2,570 2,634 2,700 2,767 2,836 2,907 2,980 3,054 3,130 Monthly 5,434 5.569 5,708 5,850 5,996 6.145 6,299 6,457 6,618 6,783 Annual 65,208 66,830 68,494 70,200 71 ,947 73,736 75,587 77,480 79,414 81,390 . . " Maintenance Worker Ill NE 28 Hourly 32.13 32.93 33.75 34.59 35.45 36.34 37.25 38.18 39.13 40.11 Year3 Bi-weekly 2,570 2.634 2,700 2,767 2,836 2,907 2,980 3,054 3,130 3,209 Monthly 5,569 5,708 5,850 5,996 6,145 6.299 6,457 6,618 6,783 6,952 Annual 66,830 68,494 70,200 71 ,947 73,736 75,587 77,480 79,414 81 .390 83,429 .. .. Maintenance Lead Worker NE 34 Hourly 37.25 38.18 39.13 40.11 41 .11 42.14 43.19 44.27 45.38 46.51 Year 1 Bi-weekly 2,980 3,054 3,130 3,209 3,289 3,371 3,455 3.542 3,630 3.721 Monthly 6,457 6,618 6,783 6,952 7,126 7,304 7,486 7,674 7,866 8,062 Annual 77,480 79,414 81 ,390 83,429 85,509 87,651 89,835 92,082 94,390 96,741 Maintenance Lead Worker NE 35 Hourly 38.18 39.13 40.11 41 .11 42.14 43.19 44.27 45.38 46.51 47.67 Year2 Bi-weekly 3,054 3,130 3,209 3,289 3,371 3,455 3,542 3,630 3,721 3,814 Monthly 6.618 6.783 6,952 7,126 7,304 7,486 7,674 7,866 8.062 8,263 Annual 79,414 81 ,390 83,429 85,509 87,651 89,835 92,082 94,390 96,741 99,154 Maintenance Lead Worker NE 36 Hourly 39.13 40.11 41 .11 42.14 43.19 44.27 45.38 46.51 47.67 48.86 Year 3 Bi-weekly 3.130 3.209 3,289 3,371 3,455 3,542 3,630 3,721 3,814 3,909 Monthly 6,783 6,952 7,126 7,304 7,486 7,674 7,866 8,062 8,263 8,469 Annual 81 ,390 83,429 85,509 87,651 89,835 92,082 94,390 96,741 99,154 101 ,629 City of Avalon
Master Claaslftcatlon and Salary Schedule

MOU-AMEA
. . .. Harbor Sanitation Wor1<er NE 5 Hourly 18.20 18.66 19.13 19.61 20.10 20.60 21 .12 21 .65 22.19 Year 1 Bi-weekly 1,456 1,493 1,530 1,569 1,608 1,648 1,690 1,732 1,775 Monthly 3,155 3,234 3,316 3,399 3,484 3,571 3,661 3,753 3,846 Annual 37,856 38,813 39,790 40,789 41 ,808 42,848 43,930 45,032 46,155 Harbor Sanitation Wor1<er NE 6 Hourly 18.66 19.13 19.61 20.10 20.60 21.12 21 .65 22.19 22.74 Year2 Bi-weekly 1,493 1,530 1,569 1,608 1,648 1,690 1,732 1,775 1,819 Monthly 3,234 3,316 3,399 3,484 3,571 3,661 3,753 3,846 3,942 Annual 38,813 39,790 40,789 42,848 43,930 46,155 47,299 Harbor Sanitation Wor1<er NE 7 Hourly 19.13 19.81 20.10 20.60 21.12 21.65 22.19 22.74 23.31 Year3 Bi-weekly 1,530 1,569 1,608 1,648 1,690 1,732 1,775 1,819 1,865 Monthly 3,316 3,399 3.484 3,571 3,661 3,753 3,846 3,942 4,040 Annual 39,790 40,789 41 ,808 42,848 43,930 45,032 46,155 47,299 48,485 Fuel Dock Attendant NE 5 Hourly 18.20 18.66 19.13 19.61 20.10 20.60 21 .12 21.65 22.19 Year 1 Bi-weekly 1,456 1,493 1,530 1,569 1,608 1,648 1,690 1,732 1,775 Monthly 3,155 3,234 3,316 3,399 3,484 3,571 3,661 3,753 3,846 Annual 37,856 38,813 39,790 40,789 41 ,808 42,848 43,930 45,032 46,155 . . .. Fuel Dock Attendant NE 6 Hourly 18.66 19.13 19.61 20.10 20.60 21 .12 21 .65 22.19 22.74 Year2 Bi-weekly 1,493 1,530 1,569 1,608 1,648 1,690 1.732 1.775 1,819 Monthly 3,234 3,316 3,399 3,484 3,571 3,661 3,753 3,846 3,942 Annual 38,813 39,790 40,789 41 ,808 42,848 43,930 45,032 46,155 47,299 Fuel Dock Attendant NE 7 Hourly 19.13 19.61 20.10 20.60 21 .12 21.65 22.19 22.74 23.31 Year3 Bi-weekly 1,530 1,569 1,608 1,648 1,690 1,732 1,775 1,819 1,865 Monthly 3,316 3,399 3,484 3,571 3,661 3,753 3,846 3,942 4,040 Annual 39,790 40,789 41 ,808 42,848 43,930 45,032 46,155 47,299 48,485 Fuel Dock Supervisor NE 18 Hourly 25.10 25.73 26.37 27.03 27.71 28.40 29.11 29.84 30.59 Year 1 Bi-weekly 2,008 2,058 2,110 2,162 2,217 2,272 2,329 2,387 2,447 Monthly 4,351 4.460 4,571 4,685 4,803 4,923 5,046 5,172 5,302 Annual 52,208 53,518 54,850 56,222 57,637 59,072 60,549 62,067 63,627 Fuel Dock Supervisor NE 19 Hourly 25.73 26.37 27.03 27.71 28.40 29.11 29.84 30.59 31 .35 Year2 Bi-weekly 2,058 2,110 2,162 2,217 2,272 2,329 2,387 2.447 2,508 Monthly 4,460 4,571 4,685 4,803 4,923 5,046 5,172 5,302 5.434 Annual 53,518 54,850 56,222 57,637 59,072 60,549 62,067 63,627 65,208 . . .. Fuel Dock Supervisor NE 20 Hourly 26.37 27.03 27.71 28.40 29.11 29.84 30.59 31 .35 32.13 Year3 Bi-weekly 2,110 2,162 2,217 2,272 2,329 2,387 2.447 2,508 2,570 Monthly 4,571 4,685 4,803 4,923 5,046 5,172 5,302 5.434 5,569 Annual 54,850 56,222 57,637 59,072 60,549 62,067 63,627 65,208 66,830 . . .. Temporary Help NE 5 Hourly 1820 18.66 19.13 19.61 20.10 20.60 21 .12 21.65 22.19 Year 1 Bi-weekly 1.456 1.493 1,530 1,569 1,608 1,648 1,690 1,732 1,775 Monthly 3,155 3,234 3,316 3,399 3,484 3,571 3,661 3,753 3,846 Annual 37,856 38,813 39,790 40,789 41 ,808 42,848 43,930 45,032 46,155 Temporary Help NE 6 Hourly 18.66 19.13 19.81 20.10 20.60 21 .12 21 .65 22.19 22.74 Year2 Bi-weekly 1.493 1,530 1,569 1,608 1,648 1,690 1,732 1,775 1,819 Monthly 3,234 3,316 3,399 3,484 3,571 3,661 3,753 3,846 3,942 Annual 38,813 39,790 40,789 41 ,808 42,848 43,930 45,032 46,155 47,299 . . .. Temporary Help NE 7 Hourly 19.13 19.61 20.10 20.60 21 .12 21.65 22.19 22.74 23.31 23.89 Year 3 Bi-weekly 1,530 1,569 1,608 1,648 1,690 1,732 1,775 1,819 1,865 1,911 Monthly 3,316 3,399 3.484 3,571 3,661 3,753 3,846 3,942 4,040 4,141 Annual 39,790 40,789 41 ,808 42,848 43,930 45,032 46,155 47,299 48,485 49,691 RESOLUTION NO. ---

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF AVALON AND

THE CONFIDENTIAL EMPLOYEE ASSOCIATION
EFFECTIVE JULY 1, 2025 THROUGH JUNE 30, 2028
WHEREAS, the City of Avalon Confidential Employee Association is a recognized employees organization representing employees in the classification of Administrative Analyst-City Manager's Office, Administrative Analyst-Human Resources, Administrative Analyst II-Human Resources, Administrative Assistant-City Manager's Office, Assistant Harbor Master, Assistant Planner, Associate Planner, Building Inspector, Community Services Manager, Community Services Supervisor, Deputy City Clerk, Maintenance Superintendent, Management Analyst, Recreation Coordinator, Senior Accountant, Senior Administrative Assistant-City Manager's Office, Senior Management Analyst, and Senior Planner; and
WHEREAS, the City requested and the Confidential Employee Association agreed to open contract negotiations in June 2025; and
WHEREAS, the City has satisfied its obligations under Government Code Section 3505 and the City Personnel Rules and Regulations to meet and confer over the terms and conditions of employment contained in the MOU; and
WHEREAS, the City Council previously approved and adopted the terms and conditions set forth in the MOU between the City of Avalon and Confidential Employees on May 3, 2022; and
WHEREAS, the Confidential Employees and City Manager have reached an agreement and support the articles outlined in the MOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the MOU between the City of Avalon and Confidential Employees, a copy of which accompanies this City Council item and is incorporated by reference herein; and
BE IT FURTHER RESOLVED, the terms and conditions of the MOU shall be in full force and effect from July 1, 2025 through June 30, 2028, except as specified otherwise in the MOU; and
BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules of the City of Avalon; and
FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Personnel Officer has the authority to take any necessary administrative actions to implement the provisions of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 5th day of August, 2025, by the following vote:

Ayes:

Noes:

Abstain:

Absent:

Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, City Clerk

CONFIDENTIAL EMPLOYEES MOU

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF AV ALON
AND

CONFIDENTIAL EMPLOYEES
JULY 1, 2025 - JUNE 30, 2028
0 CONFIDENTIAL EMPLOYEES MOU
PURPOSE .......................................... ............................................. ................................................. 2 NON-DISCRIMINATION ... ............ .. .................... .................................................................. ....... 2 FULL UNDERSTANDING, MODIFICATION, AND W AIYER ................................................. 2 MUTUAL RECOMMENDATION ........................................ ......................................... ................ 3 PLEDGE OF COOPERATION ....................................................................................................... 3 EXCLUSIVE CITY RIGHTS AND AUTHORITY ....................................................................... 3 RECOGNITION/ASSOCIATION MEMBERSHIP ............................... ....................................... .4 PERSONNEL RULES AND REGULATIONS .............................................................................. 5 ALLOWANCES ......................................................................... ........... .......... ....................... .. ....... 5 SPECIAL PAY ................................................................................................................................ 6 HEAL TH CARE ............................................... .. ... ......................... ................................................. 7 ADMINISTRATIVE PAID TIME OFF AND OVERTIME ................. ......... .................... .. .......... 8 RETIREMENT ...................................................... ..................... .......... ..................... ................... .. . 9 LAYOFFS AND SEPARATION .................................................................................................. 10 LONGEVITY .................................... ....... .. ................................................................................... 11 SECTION 125 PLAN ............................................................... .. ................................................... 12 VACATION AND SICK LEA VE ................................ ... ................................................. .. ........... 12 PEACEFUL PERFORMANCE OF CITY SERVICES .................................... ......... ................... 14 HEAL TH AND SAFETY .............................................................................................................. 15 DURATION OF AGREEMENT .............. ... .. ................................................................................ 15 ASSOCIATION CONS ID ERA TIONS ......................................................................................... 15 PARITY ......................................................................................................................................... 16 ALTERNATE WORK SCHEDULE ................................................................................. .. .......... 16 HOLIDAYS ................... ................................................................................................................ 16 GRIEVANCE PROCEDURE .................. ..................................................................................... 17 CAT AS TROPHIC LEA VE ............................... ........................... .. ........... ............................. ....... 19 APPENDIX A - WAGE SCHEDULE .......................................................................................... 22

CONFIDENTIAL EMPLOYEES MOU

PURPOSE
It is the purpose of this Memorandum of Understanding (also referred to herein as "MOU'' and "Agreement") to promote and provide for harmonious relations, cooperation and understanding between the City of Avalon (referred to hereinafter as "Employer" or "City") and the Confidential Employees (referred to hereinafter as "Association") and the employees covered herein; to provide orderly means of attempting to resolve misunderstandings or differences which may arise under this Memorandum of Understanding; and to set forth the understanding of the parties reached as a result of good faith negotiations regarding the wages, hours and other terms and conditions of employment of the employees covered hereby.

NON-DISCRIMINATION
The City and Association recognize the right of the employees to form, join or participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join or participate in employee organization activities. No employee shall be intimidated, coerced, restrained or discriminated against by the City or the Association in any manner which is unlawful pursuant to state or federal law. This Article is not to be subject to the Grievance Procedure.

The City and the Association agree that no employee will be promoted, demoted, transferred, bypassed for promotion, disciplined, or discharged or in any way discriminated against because of race, color, sex, age, national origin, disability, veteran status, marital status, mental or physical disability, sexual orientation, medical condition, political or religious opinions or affiliations. The City and the Association shall reopen any provision of this Agreement for the purpose of complying with any final order of the federal or state agency or court of competent jurisdiction requiring a modification or change in any provision of this Agreement in compliance with state or federal anti-discrimination laws. Equal employment opportunity will be extended to all persons in all aspects of the employer-employee relationship, including recruitment, hiring, upgrading, training, promotion, transfer, discipline, layoff, recall, and termination.

Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to include the feminine gender.

FULL UNDERSTANDING, MODIFICATION, AND WAIVER
This MOU contains all the covenants, stipulations and provisions agreed upon by the parties, and any other prior existing understanding or agreements by the parties, whether formal or informal, regarding any such matters contained in this MOU are hereby superseded or terminated in their entirety.

Any agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and approved and implemented by Avalon's City Council. 2 CONFIDENTIAL EMPLOYEES MOU
The waiver of any breach, term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions.

For the life of this MOU, Association and the Cit'y mutually agree that to reopen negotiations with respect to any subject or matter covered in this MOU requires mutual consent by both parties.

Without such mutual consent, the parties shall not be required to meet and confer regarding same.

MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual recommendation to be submitted to the Avalon City Council. This Memorandum of Understanding shall not be binding upon the parties in whole or in part unless and until said Avalon City Council formally approves said Memorandum of Understanding. Additionally, this MOU shall not be binding in whole or in part unless and until it is ratified by the Association's members/employees.

PLEDGE OF COOPERATION
The parties to this MOU realize that the things that would be in the best interest of both the Association, employees and City, in the long run, are largely identical and all parties will benefit from a continuous, peaceful relationship and intelligent, constructive efforts to resolve any differences that may arise.

The City and the Association have entered a partnership that will ensure efficient operations while pledging to work together to best serve the needs of the City's citizens.

EXCLUSIVE CITY RIGHTS AND AUTHORITY
The City reserves, retains and is vested with, solely and exclusively, all rights of management as allowed by law, unless modified by this Memorandum of Understanding. The rights of the City include, but are not limited to, the exclusive right to:

A. To manage the City generally and to determine the issues of policy.

B. To determine the existence or non-existence of facts which are the basis of the management decision.

C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish service.

D. To determine the nature, manner, means, and technology and extent of services to be provided to the public.

E. Methods of financing.

F. Types of equipment or technology to be used.

G. To determine and/or change the facilities, methods, technology, means and size of the work force by which City operations are to be conducted.

H. To determine and change the number of locations, relocations and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or sub-contract any work or operation. 3 CON}'IDENTIAL EMPLOYEES MOU
I. To determine the size and composition of the workforce, to make provisional appointments when it is in the best interest of the City, when a provisional appointment of an at-will employee is made during the period of suspension of an employee or pending final action on proceedings to review the suspension, demotion or discharge of an employee.

J. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish hours of work and change work schedules and assignments.

K. To relieve employees from duties for lack of work or similar non-disciplinary reasons.

L. To establish and modify productivity and performance programs and standards.

M. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City's Personnel Rules and Regulations.

N. To determine job classification, assign positions to job classifications, to reclassify employees without competition as long as the employees are qualified and employment laws are followed, to create new classification positions, and/or salary ranges as needed, and/or to under fill any allocated position.
0 . To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the City's Personnel Rules and Regulations.

P. To determine policies, procedures and the standards for selection, training and promotion of employees.

Q. To establish and manage to employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

R. To maintain order and efficiency in its facilities and operations.

S. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City, which are not in contravention with this Agreement.

T. To take any and all necessary action to carry out the mission of the City in emergencies.

Where management makes any changes in working conditions because of the requirements of Federal and State law, the City shall not be required to negotiate the matter or manner of compliance with such law where the manner of compliance is specified by such law. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of Law, whenever the contemplated exercise of management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer with the Association on all matters relating to employment conditions and employer-employee relations including wages, hours and terms and conditions of employment of employees within the bargaining unit unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding. Nothing in this Article is intended to modify the City's obligations under the Meyers-Milias Brown Act.

RECOGNITION/ ASSOCIATION MEMBERSHIP
The City recognizes the Association pursuant to the provisions of the Avalon Municipal Code Section 2-6.101 et. seq. as the exclusive bargaining representative for all employees employed by the City who are members of the Management Division only, and no other employees, in full-time employment of the City. The MOU shall apply to classifications and positions represented by the Management Division, which are not reservists, seasonal, temporary or contract employees, or who are otherwise employed in an at-will classification. 4 CONFIDENTIAL EMPLOYEES MOU
General Unit:

1. Administrative Analyst- City Manager's Office

2. Administrative Analyst - HR

3. Administrative Analyst II - HR

4. Administrative Assistant - City Manager's Office

5. Assistant Harbor Master

6. Assistant Planner

7. Associate Planner

8. Building Inspector

9. Community Services Manager

10. Community Services Supervisor
11 . City Clerk

12. Information Technology Manager

13. Maintenance Superintendent

14. Management Analyst

15. Project Manager

16. Senior Accountant

17. Senior Administrative Assistant - Administration/City Manager's Office

18. Senior Management Analyst

19. Senior Planner

PERSONNEL RULES AND REGULATIONS
It is understood and agreed that there exists within the City, in written or unwritten form certain personnel rules, policies, practices and benefits, generally contained in the "City of Avalon's Personnel Rules and Regulations," as amended thereafter by City resolutions and Memoranda of Understanding. Those rules, policies and benefits, which are subject to the meet and confer process, will continue in effect, except for those provisions modified by this Agreement, unless and until modified by mutual agreement of the parties and enacted by the A val on City council, if necessary, in accordance with state laws, orders, regulations, official instructions or policies.

Where the terms of the City of Avalon's Personnel Rules and Regulations and this Memorandum of Understanding are in conflict, the terms of this MOU shall prevail.

ALLOWANCES
Uniform Allowance: Employees required in the course of their duties to wear specific standard uniforms (Assistant Harbor Master and Maintenance Superintendent) will be provided those uniforms by the City. The uniform allowance for the Assistant Harbor Master shall be consistent with the negotiated sum for Avalon Harbor Employees. The uniform allowance for the Maintenance Superintendent will be consistent with the negotiated sum for the Avalon Municipal Employees.
5 CONFIDENTIAL EMPLOYEES MOU
Employees thai leave the City's service shall return th .. ir uniforms to the City on their final day of employment. Items not deemed necessary to personal health and safety will be subject to CalPERS and will be reported to Cal PERS as special compensation for "Classic" or "Tier l " employees.

Foul Weather Gear: Employees required to work in foul weather shall be issued new foul weather gear as needed. The determination of whether or not replacement foul weather gear, in the interim, shall rest with the department head.

Cell Phone Reimbursement: In accordance with the City's Mobile Device Policy, employees whose job duties include the regular, frequent or ongoing need for a device may receive compensation for a cell phone or smart phone, data plan, tablet and hot spot device, in the form of a monthly stipend to cover City business-related costs (Option 1), or may be issued a City-owned mobile device (Option 2), up to the City allowable maximums and with approval in accordance with policy.

Education Reimbursement: Each Department will be allocated $5,000 each year to reimburse employees pursuing education in job-related programs at an accredited college, university or vocational school. Employees are eligible to receive up to 50% reimbursement on actual costs of tuition, books, lab fees or other student expenses. Eligibility for tuition reimbursement will be at the Department Head's and City Manager's discretion. Employees must have been employed fulltime at the City of Avalon for a minimum of one year to be eligible for reimbursement. The employee will be required to maintain employment after reimbursement for a minimum of two years. The employee shall be reimbursed for actual costs of tuition, books, lab fees or other student expenses only upon completion of courses each individual with a grade of "B" or better, or successful completion of courses that do not assign grades. Proof of satisfactory course completion and payment must be provided. All course work must be completed during the employees regularly scheduled time off.

Travel Allowance: Annually during the month of December, employees shall receive a travel allowance in the amount of six hundred dollars ($600.00) for cross-channel commuter books provided by the Catalina Express. Employees must have been employed full-time at the City of Avalon for a minimum of six months to be eligible for this allowance.

SPECIAL PAY
Bilingual Pay. When the Department Head determines that a position requires bilingual skills in English and Spanish on a frequent and regular use in order to interact with the public employee's work time, such an employee in the designated position may become eligible for Bilingual Pay.

An employee shall first demonstrate a language proficiency of job-related terminology acceptable to the Department Head or his designee and the Personnel Officer. Thereafter, the employee shall be entitled to the payment of one hundred dollars ($100) a month for bilingual pay. 6 CONFIDENTIAL E~f PLOYEES MOU

HEALTHCARE
Health Insurance. The City shall pay the cost of employee's health insurance premiums. as well as spouse/registered domestic partner insurance cost , except that the maximum amow1t paid by the City shall be the "City Maximum. as defined below.

The following monthly City maximum contribution benefits shall apply effective the first month of approval of this MOU :

Full-time employees:

Status
Employee Only
Employee+ l
Employee + Family
City Maximum
Upon
Signing
$910.00
$1 ,700.00
$2,130.00
1/ 1/2027
$930.00
$1 ,740.00
$2,180.00
1/1/2028
$950.00
$1 ,780.00
$2,230.00
The City will only pay up to the maximum contribution (City maximum) or the premium of the health plan selected by the employee, whichever is lower. The employee must pay either the cost of the premium not covered by the City Maximum or the minimum contribution (Employee minimum) as stated above, whichever is higher.

Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.

Should the health insurance premiums for the plan containing the majority of City employees (currently PERS Gold PPO) increase in excess of 12.5% for 2027 or increases in excess of 20% combined for 2027 and 2028, the Parties agree that they will reopen discussion on health insurance during the term of this agreement.

Dental Benefits: The City shall continue to pay l 00% of the employee and eligible dependent's dental coverage. Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.

Life Insurance: The City shall pay one hundred percent (100%) of the premium for a term life insurance policy for each eligible employee which shall be based upon a formula of one times the employee's annual salary rounded up to the nearest thousand dollars, up to a maximum City paid coverage of $50,000 (i.e., an employee who earns $20,100 would receive $21,000). This group term insurance is on a non-participating basis, with option to convert coverage upon termination 7 CONFIDENTIAL EMPLOYEES MOU
of employment. Payment of benefits is su~j ect to all the provisions of the master policy. This benefit replaces any other life insurance coverage.

Vision Benefits: The City 's contribution for vision insurance shall be 100% employer-paid for family coverage for the tem1 of this MOU. Once a covc;red dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.

Opt Out Benefit: An employee cannot be enrolled in the City's dental, vision or PERS health plan if a spouse is enrolled in the same agency or enrolled in an agency with PERS health, unless the employee (or the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose to not be enrolled in the City's dental, vision or PERS health plan. In such cases, the City, after determining that a minimum amount of health coverage is provided to the employee (by their spouse or other coverage), shall pay an employee that has waived coverage a cash allowance of three hundred and twenty five dollars ($325) per month or pay into the employee's deferred compensation plan (a plan administered by the City). If the employee wants to have all or a portion of the deferred compensation payment to be credited towards the dependent coverage cost, then the remaining balance, if any, shall be credited to the employee's deferred compensation account. To be eligible for this "opt out benefit" payment, the employee must provide proof, as determined by the City, that comparable medical insurance is in full force and effect. In the event the employee loses eligibility (with documentation) then the employee may re-enroll in the plan pursuant to the PERS health plan rules.

Physical Exams: The City may authorize annual physical examinations for all covered employees.

The City shall pay the costs of any such examination not covered by the Employee's health insurance.

ADMINISTRATIVE PAID TIME OFF AND OVERTIME
Administrative Paid Time Off: Employees exempt from the overtime pay requirements of the Fair Labor Standards Act shall not be entitled to, nor be paid, overtime compensation of any kind.

Exempt employees shall be granted up to sixty-four (64) hours of administrative leave per year upon the approval of the City Manager. Employees may carry over up to 30 hours of unused administrative paid time off each year. With written approval of the City Manager and Personnel Officer, payouts of up to 20 hours shall be made annually by the last pay period of each calendar year. Newly hired employees shall receive a pro rata share of Administrative Leave based upon their date of hire.

Overtime: The standard workweek shall be forty ( 40) hours each workweek. However, all employees shall be subject to be called for service at any time to meet any and all emergencies or unusual conditions which, in the opinion of the Department Head or designee, may require such service from any of said employees. In determining overtime, vacation and paid holidays taken during the week shall be considered as hours worked. Any other leaves of absence shall not be considered as hours worked for the purpose of calculating overtime. Overtime shall be paid at the rate of time and one-half (1 1/2) for all hours worked over forty (40) in the workweek as defined above.
8 CONFIDENTIAL EMPLOYEES MOU
If mutually agreed to hy the employee, and the Department Head approves in \Vriting of the accumulation, the employee may receive "comp time" as time off with pay in lieu of overtime pay for regularly scheduled or irregular or occasional overtime work. There shall absolutely be no coercion used to obtain mutual agreement. Requests for the use of accumulated comp time off shall be reasonably honored, taking into consideration the needs of the department.

Compensatory time must be accumulated consistent with the provisions of the terms of this MOU, with the employee earning one and one-half (1 1/2) hours compensatory time off for each hour of overtime worked. Comp Time accumulation shall not exceed at any time two hundred and forty (240) hours annually and may only carry forward up to 80 hours of comp time into the next year.

Payouts shall be made annually by December 31st of each year.

RETIREMENT
CalPERS Contribution:

Any employee hired after January 1, 2013 and who meets the definition of a "new member" as defined by Government Code section 7522.04(f) will be required to pay 50% of the "normal cost" of the defined benefit, rounded to the nearest quarter of 1 percent, or the current contribution rate of similarly situated employees, whichever is greater, as specified in Government Code section 7522.30. Any new member who has not become vested by having paid the employee's contribution to CalPERS for the first five (5) years of continuous service as of January 1, 2013, will be required to pay the employee's share of the contribution (EPMC) to fund a portion of the cost of the 2% at age 62 retirement formula an amount equal to 8% of compensation eamable on a pre-tax basis for safety, as specified in Government Code Section 20516.5(f). Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the CalPERS retirement system.

Any employee who established CalPERS membership prior to January 1, 2013 who is already vested after having paid the employee's contribution to CalPERS for the first five (5) years of continuous service, will be required to pay the employee's share of the contribution (EPMC) to fund a portion of the cost of the 2% at 55 retirement formula an amount equal to 8% of compensation eamable on a pre-tax basis, in accordance with Section 20516(f). Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the CalPERS retirement system.

Retirement Calculations:

Tier I- 36 Consecutive Months - For employees hired prior to December 31 , 2012 and in accordance with the City's contract with Ca!PERS, the final compensation provision of Public Employees Retirement Law shall use your highest average full-time monthly pay rate for 36 consecutive months of employment.

Tier II - Three (3) highest year average - For employees hired on or after January 1, 2013 the provision of Section 7522.32(a) of the Public Employees Retirement Law (three (3) consecutive years of employment) shall apply to safety members.
9 CONFIDENTIAL EMPLOYEES MOU
Retirement Formula:

Tier I - 2% at 55 - All employees covered under this provision of this MOU hired prior to December 31, 2012 shall have their final percentage of final compensation to be provided for each year of credited prior and current service determined in accordance with Section 21354.3 of the Public Employees Retirement Law (2% at 55).

Tier II - 2% at 62 - All employees covered under this provision of this MOU hired on or after January 1, 2013 shall have their final percentage of final compensation to be provided for each year of credited prior and current service determined in accordance with Section 7522.20 of the Public Employees Retirement Law (2% at 62) based on Article 4. California Public Employee's Pension Reform Act of 2013.

Purchase of Military Service Credit as Public Service: Pursuant to Section 21024 of the Public Employee's Retirement Law, an employee may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment provided, however, the employee must contribute an amount equal to the contribution for current and prior service that the employee and the City would have made with respect to that period of service.

Post Retirement Survivor Allowance: Pursuant to the provisions of Section 21624 and 21626 of the Public Employee's Retirement Law, an allowance may be continued to a surviving spouse upon the death of a member after retirement.

Retiree Medical: All full-time employees hired on or before May 1, 2022 that retire after twenty (20) or more years' service with the City shall have the same medical, dental, and vision retirement benefits up to the City paid maximum contribution (City maximum) or the premium of the health plan selected by the employee (whichever is lower) as compared to current active employees enrolled in the PERS Gold PPO plan for Misc and Safety Employees. Once a qualified retiree as set forth herein becomes eligible for Medicare the City shall reimburse for the CalPERS supplemental medical premium for employee only coverage.

LAYOFFS AND SEPARATION
Shall be conducted in accordance with the City's Personnel Rules and Regulations with layoffs, displacements and separations in each class series or in the same classification, within the bargaining unit where the affected employee held regular status, according to seniority.

Recall from layoff shall be in direct order of seniority within the family of jobs. Temporary, provisional, and probationary employees shall be called back to work after regular employees in a previously held status within their bargaining unit, covered by this agreement. Employees in good standing with their performance may be reinstated within two (2) years to a position in which they have the availability, qualifications, experience and satisfactory work performance to fulfill the requirements of the position and must serve a new probationary period of six (6) months.

Examination may be waived and take precedent over established lists for reinstatement to the same position as long as the employee meets the qualifications for the position but in no way shall it be mandatory for the department head to reappoint a former employee, and only providing the employee was in good standing in the performance of assigned job duties at the time of layoff, 10 ----- - - -----

CONFIDENTIAL EMPLOYEES MOU
should he or she desire not to do so. Appointment shall otherwise be in the manner as for original employment based on qualifications to determine the most highly qualified individual for the position and shall be based on merit and ability. Upon reinstatement, any employee so appointed shall be considered a new appointee and shall have no vested interest in or be entitled to reinstatement of any benefits accrued during any previous employment with the City. An employee may be terminated by the Department Head when deemed necessary or convenient as a result of substantial changes in duties or organization, abolition of position, shortages of work funds, or completion of work for which employment was made. Such termination shall not be subject to appeal.

LONGEVITY
Employees hired on or before December 31 , 2014 shall, upon completion of ten (10) or more continuous and uninterrupted years' service, be eligible for longevity pay on an employee's 10th anniversary as follows:

Years of Service Completed
10 years
15 years
20 years
Percentage of Base Salary
3%
additional 3% (6% total)
additional 3% (9% total)
Public Agency Longevity Pay is compensation eamable within the meaning of Section 20636 of the California Government Code and Section 57l(a)(l) of the CalPERS regulations.

Vacations, sick leave, military leave and absence authorized by the City Manager shall not be considered an interruption of service.

In the event an employee ceases to be employed by the City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expire, and if said employee is subsequently re-employed by the City, said employee shall not be entitled to any longevity pay by reason of any prior employment.

New employees hired beginning January 1, 2015 will not be eligible to receive longevity pay in the future.

SALARY
Employees shall be compensated in accordance with the Wage Schedule attached hereto and incorporated herein as Exhibit A.

Any employee that is currently in Steps shall be advanced to the next Step that is at least 5.5% higher than the employee's rate as of June 30, 2025 retroactive to the first full pay period of July 2025 commencing after the ratification of this MOU. All subsequent Step advancements shall occur annually during the term of this MOU beginning with the first full pay period on or after July 1, 2026 and July 1, 2027.
11 CONFIDENTIAL EMPLOYEES MOU
Newly hired/promoted employees shall be eligible to receive their next Step increase at the first full pay period following July l provided they have completed their probation unless approved earlier by the City Manager.

SECTION 125 PLAN
The City shall continue the Section 125 Flexible Spending Plan adopted by the City Council effective January 1996.

VACATION AND SICK LEA VE
During the months of March, June, September and December, full-time employees may sell back to City at one-for-one cash out a portion of his or her accumulated vacation time, up to a maximum of ninety-six (96) hours of vacation leave per any twelve (12) month period. City shall grant paid vacation leave for all probationary and regular employees represented by the Association according to the following schedule:

Years of Service Completed
0 - 4 years
5 - 9 years
10+ years
Accrual Rate
10 days (2 weeks)
15 days (3 weeks)
20 days ( 4 weeks)
No vacation shall be taken for a period exceeding the maximum hours accumulated at any given time. Vacation leave only accrues when an employee is in a paid status and not when an employee is on a Leave of Absence for more than thirty (30) days.

An Employee may accumulate a maximum of three hundred and sixty (360) hours of vacation leave. If an employee's vacation leave balance exceeds three hundred and sixty (360) hours, the employee shall cease earning vacation leave until the balance is 359 hours or less at the beginning of the month. Except as otherwise set forth herein, accrual and use of vacation leave shall be subject to the Personnel Rules and Regulations. Any Employee that is in excess of three hundred sixty (360) hours of vacation leave at the time of entering this agreement will continue to accrue vacation leave up to four hundred and eighty ( 480) hours and be required to reduce their vacation leave balance to the three hundred and sixty (360) hour maximum by May 31 , 2027.

An employee may accumulate a maximum of four hundred and eighty ( 480 hours) of sick leave.

If an employee's sick leave balance exceeds 480 hours, the employee shall cease earning sick leave until the balance is 4 79 hours or less at the beginning of the next pay period.

Sick Leave Use: Sick leave pay shall be requested only in cases of actual personal sickness or disability, medical or dental treatment, or as authorized by the Personnel Officer under the provisions of the Federal Family Medical Leave Act and/or the California Family Rights Act, or California Labor Code Section 233 (use of sick leave). Use of accrued sick leave shall be allowed 12 CONFIDENTIAL EMPLOYEES MOU
for the purpose of preventative medical, dental, and care of a parent, spouse, registered domestic partner or child. An employee contemplating to be off work due to illness or injury for an extended period of two (2) weeks or more may be required to provide a comprehensive health statement as to the length of absence from the employee's health care provider stating any duties the employee cannot perform and any restrictions or light duty requirements. In such events, FMLA and sick leave shall run concurrently. Employees requesting sick leave shall notify their immediate supervisor or department head prior to the time set for reporting to work. Sick leave with pay shall not be allowed unless an employee has met and complied with the provisions of this Memorandum of Understanding and the department head or the Personnel Officer has approved such payment.

Sick leave may be used for absence reasonably required by complications of pregnancy, continuing through delivery and reasonable period ofrecovery therefrom, to be determined in accordance with written reports from the employee's physician, specifying the expected date of delivery and the date that the employee should cease work. In no event shall an employee return to work after pregnancy prior to a date fixed by the physician in a signed statement that she is physically able to perform the duties of her position. Every regular employee shall be able to use accrued vacation, compensatory time, or holiday time when sick leave has been exhausted due to extended illness or injury unless they are on a medical certification program.

Pursuant to Kin Care legislation, employees may use up to 50% of their annual sick leave accrued to attend to the illness of their child, parent, spouse, or registered domestic partner of the employee.

Sick Leave Abuse: Sick leave shall not be abused. The City reserves the right to require a satisfactory statement of a licensed physician whenever an employee misses work due to an illness, injury or disability. The Department Head or Personnel Officer may require a written statement from the attending physician or dentist, or a physician or dentist to whom the department head or Personnel Officer directs the employee to report, to establish that the employee is or was incapacitated and unable to perform his duties. The Department Head or Personnel Officer may require a written statement from the attending physician or dentist, or from the physician or dentist to whom the department head or Personnel Officer has required the employee to report and be examined by, that the employee is capable of and released to return to the performance of all of the duties of his position. The physician's statement must verify than an injury or disability exists or existed, its beginning and ending dates and/or the employee's ability to return to work without presenting an immediate and significant risk to his own health or safety, or the health and safety of others, and any other requirement in accordance with the City's Sick Leave policy located in the Personnel Rules and Regulations. Abuse of sick leave shall be subject to progressive discipline, up to and including termination.

Management may not require doctor's verification for sick leave of less than three (3) days unless sick leave abuse is strongly suspected and reasonably demonstrated.

Sick leave shall be administered in accordance with the City of A val on Personnel Rules and Regulations unless provided otherwise by a current MOU.

Separation: Upon separation from City employment, an employee is entitled to receive payment for unused sick leave limited to a maximum of two hundred and forty (240) hours in accordance with the following schedule:
13 Years of Service
2-4
5-9
10+

CONFIDENTIAL EMPLOYEES MOU
Balance Payable
25 % of accrued and unused sick leave (not to exceed 60 hours) 50% of accrued and unused sick leave (not to exceed 120 hours) 75% of accrued and unused sick leave (not to exceed 180 hours) When calculating the total amount payable to an employee upon separation for his or her accrued and unused sick leave, the Personnel Officer shall determine the total amount of accrued and unused sick leave, allocate an equal portion of such leave to each year of service, and determine the highest hourly pay rates for each year of service.

Retirement Health Premium Reimbursement Plan: Upon retirement from City employment, an employee may transfer unused sick and vacation time accrued amounts to pay for future medical premmms.

An employee is entitled to receive payment for unused sick leave limited to a maximum of two hundred and forty (240) hours in accordance with the following schedule:

Years of Service
2-4
5-9
10+
Balance Payable
25 % of accrued and unused sick leave (not to exceed 60 hours) 50% of accrued and unused sick leave (not to exceed 120 hours) 7 5% of accrued and unused sick leave (not to exceed 180 hours) When calculating the total amount payable to an employee upon separation for his or her accrued and unused sick leave, the Personnel Officer shall determine the total amount of accrued and unused sick leave, allocate an equal portion of such leave to each year of service, and determine the highest hourly pay rates for each year of service.

PEACEFUL PERFORMANCE OF CITY SERVICES
The Association, its officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike (including sympathy strikes), walkout, slowdown, sickout or any other job action or stoppage of work by withholding or refusing to perform services by Association employees during the life of this Memorandum of Understanding.

The City agrees that it shall not lock out its employees during the term of this Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law.

Any employee who participates in any conduct prohibited as described above may be subject to disciplinary action, up to and including termination.
14 CONFIDENTIAL EMPLOYEES MOU

HEAL TH AND SAFETY
The City will comply with state and federal law and regulations relating to Occupational Safety and Health and endeavor to provide a safe and healthful work environment. Likewise, it is the duty of each employee to comply with all health and safety regulations of the City and to practice good safety habits in the performance of their duties. All persons who drive City Vehicles shall be subject to the DMV driving record Pull Notice.

The City of Avalon, endeavors to maintain a drug free environment. Shall the City and the Association mutually agree to reopen negotiations regarding this specific article, both parties agree to limit negotiations solely to this Article.

SA VIN GS CLAUSE
It is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if any provision of any Article in the Agreement is held or found to be in conflict therewith, said Article shall be void and shall not bind either of the parties hereto. However, such invalidity shall not affect the remaining Articles of this Agreement. In the event that any provision shall be held unlawful and unenforceable by any court of competent jurisdiction, the parties agree to meet forthwith for the purpose of renegotiating such provision and attempt to reach a valid agreement.

DURATION OF AGREEMENT
Except as herein provided, this Memorandum of Understanding shall be in effect from the date of its ratification until 12 o' clock midnight on June 30, 2028.

In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other, ninety (90) days prior to the termination date of this Agreement, its written request to commence negotiations, and, to the extent reasonably possible, its full and entire written proposal for such successor Memorandum of Understanding.

Upon receipt of such written notice and proposals, negotiations shall begin thereafter not later than sixty ( 60) days prior to the termination date of this Agreement.

ASSOCIATION CONSIDERATIONS
City employees who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievances are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City.

Reasonable access to employee work locations shall be granted to officers of the Association as their officially designated representatives for the purpose of conducting business within the scope of representation. In the event an outside business agent or legal representative need be present, the Association shall provide the City with advanced notice. It is agreed that the Association 15 CONFIDENTIAL EMPLOYEES MOU
representative(s) are permitted to conduct Association business during working hours and may use City facilities accessible to the public provided that such activity does not interfere with the normal operations of the department or with established safety or security requirements. An employee is entitled to representation in the preparation and presentation of a grievance at any step in the grievance procedure. Only an employee who is a member of the Association may be represented by the Association. The grievant(s) and one representative are entitled to be released from work for a reasonable period of time in order to prepare for and present the grievance.

Except in case of emergency, reasonable advance written notice shall be given to the Association of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council and shall be given the opportunity to meet with such body prior to adoption. In case of emergency when the City Council determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with the Association, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation.

PARITY
Parity as it relates to healthcare benefits and cost ofliving increases shall remain the same between all unions and associations.

AL TERNA TE WORK SCHEDULE
Upon supervisor approval, employees may be permitted to work an alternate or flexible work schedule.

An employee will fill out a Flexible Schedule Request/Authorization Form which includes an Alternative Work Schedule Agreement.

An example of an alternate work schedule is a "9/80" work schedule where the employee alternates between a calendar week of four 9-hour days and a calendar week of four 9- hour days plus one 8- hour day. Upon approval of such a request, the City will adjust the start and end of the employee's workweek (as opposed to calendar week) to begin and end at the 4- hour mark of the 8- hour day. The City shall further determine the actual days to be worked for any employee working a "9/80" schedule.

Alternative work schedules will be evaluated on a continual basis and the City and department supervisor reserves the right to adjust an employee's alternative work schedule as needed to accommodate the City's operational needs.

HOLIDAYS
Paid holidays are authorized and observed as set forth in the City's Personnel Rules and Regulations. During the term ofthis MOU, there shall be twelve (12) regularly scheduled holidays. 16 CONFIDENTIAL EMPLOYEES MOU
Holiday time shall constitute eight (8) hours paid at straight time. Employees shall not be required to be in attendance on paid holidays.

Employees whose workload or responsibilities demand they work on designated Holidays, as determined by the Department Head, may elect to bank the Holiday time (8 hours) to be used within 30 calendar days of the date.

Regular employees may take sixteen (16) hours of personal "floating holidays" leave per fiscal year. Any non-exempt employee covered by this MOU that does not receive administrative paid time off shall be entitled to twenty-four (24) hours of personal "floating holiday" leave per fiscal year. Floating holiday leave shall be scheduled with the approval of the employee's immediate supervisor. These personal holiday leave shall be with pay. Personal holiday leave shall be used in the year accrued; may not be carried over to a subsequent year or cashed out if unused; and shall not count as hours worked towards accrual of overtime. Newly hired employees shall receive a pro rata share of Holiday Leave based on their date of hire.

GRIEVANCE PROCEDURE
A grievance shall be any matter for which appeal is not otherwise provided or prohibited, concermng:

1. A dispute about the interpretation or application of this MOU and Personnel Rules and Regulations;
A. lnfom1al Grievance Procedure:

An employee who has a problem or complaint should first try to get it settled through discussion with his immediate supervisor without undue delay - within one or two workdays of the event grieved. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to promptly discuss it with the supervisor's immediate superior, if any, in the administrative service. Every effort should be made without delay to find an acceptable solution by informal means at the lowest possible level of supervision. If the employee, or the Association, is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of his/her supervisor or the supervisor's immediate superior on matters within the statutory scope of representations.

B. Formal Grievance Procedure:

1. First level of Review: A grievance shall be presented in wntmg to the employee's immediate supervisor within ten (10) calendar days of the informal process decision or of the event giving rise to the grievance, whichever is later.

The supervisor shall render his/her decision and comments in writing and return them to the employee within ten (I 0) calendar days after receiving the grievance. In the event that the supervisor does not render a decision within the 10 days or within a mutually agreed upon extension of the timeline, the employee has the right to move the grievance up to the next level of review.

2. Further Level or Levels of Review as Appropriate: The supervisors immediate superior receiving the grievance shall review it, render his/her decision and comments in writing, and return them to the employee within ten (10) calendar 17 C.

CONFIDENTIAL EMPLOYEES MOU
days after receiving the appeal. In the event that the supervisor does not render a decision within the 10 days or within a mutually agreed upon extension of the timeline, the employee has the right to move the grievance up to the next level of review.

3. Department Review: The Department Head receiving the grievance, or his/her designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons. The Department Head shall render his/her decision and comments in writing, and return them to the employee within ten (10) calendar days after receiving the appeal. If the employee, or the union, does not agree with the decision reached, or if no answer has been received within ten (10) calendar days, he may present the appeal in writing to the City Manager. Failure of the employee to take further action within twenty (20) days after receipt of the decision, or within a total of twenty (20) days if no decisions is rendered, will constitute withdrawal of the

4. grievance.

City Manager: The City Manager or his/her designee should discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The City Manager may designate an "investigation committee," or an officer not in the normal line of supervision, to advise him/her concerning the grievance. The appointing power shall render a decision in writing to the employee within twenty (20) days after receiving the grievance.

Grievance Arbitration:

1. Within ten (10) working days of the receipt of the City Manager's final decision, the Association may request arbitration by filing a written request.

The request for arbitration shall be in writing to the Department Head with a

2. 4.

5. copy sent to the Personnel Officer.

If either the City or the Association so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of a grievance first. No hearing on the merits of the grievance shall be conducted until the issue of arbitrability has been decided.

The parties shall request a list of five (5) arbitrators, within ten (10) working days after receipt of the employee's request for arbitration, from the California State Mediation and Conciliation Service.

Within five (5) working days of receipt of the list, the parties shall mutually agree upon the person on the list who shall be the Arbitrator. If one person is not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names alternately strike names from such list with the last remaining name to be the person serving as Arbitrator. The party having first choice to strike a name from the list shall be determined by lot.

The City and the Association shall share the fees and expenses of the arbitrator and the certified court reporter equally. The services of the certified court reporter are optional. Both parties must agree if the certified court reporter is to be employed and that the cost shall be equally shared. Financial responsibility shall be established before the selection of an arbitrator. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. However, if either party declines 18 CONFIDENTIAL EMPLOYEES MOU
the use of a court reporter, the party requesting the court reporter shall pay the entire cost of employing the court reporter.

6. The arbitrator's review is limited to the interpretation ofthis MOU and/or City's Personnel Rules and Regulations.

7. Decision: The decision of the arbitrator shall be made in writing within thirty (30) working days of the close of the hearing or the submission of written briefs.

The decision of the arbitrator shall be final.

D. Conduct of Grievance Procedure:

1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. If an employee receives no response at a particular level, he/she may proceed to the next appropriate level of review.

2. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his grievance at any level of review.

3. The employee and his representative may be privileged to use a reasonable amount of work time as determined by the appropriate Department Head in conferring about presenting the grievance.

4. Employees shall be assured freedom from reprisal for using the grievance procedure.

CATASTROPHIC LEAVE
A permanent employee may be granted a Catastrophic Leave for up 8 weeks, if the employee or eligible family member has suffered a catastrophic illness or injury, and exhausted all applicable accrued paid time. An eligible family member includes the employee's spouse, parent, child, sibling, grandparent, grandchild; in-laws and step-relatives in these relationships; and other persons residing in the employee's household for whom there is a personal obligation.

Catastrophic illness or injury is a serious non-work-related health condition which incapacitates the employee, or their eligible family member, and which creates a financial hardship because the employee has exhausted their sick and vacation leave, as well as any compensatory time off if employed in a non-exempt position. A catastrophic illness or injury is defined as a serious illness, injury, impairment, or physical or mental condition that is present for a minimum of seven calendar days, and that involves:

1. A period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a hospital, hospice, or residential medical care facility ; or

2. A period of incapacity requiring absence of more than seven calendar days from work, and that also involves continuing treatment by (or under the supervision of) a licensed health care provider; or

3. A period of incapacity (or for treatment) due to a chronic serious health condition (e.g., asthma, diabetes, epilepsy, etc.); or

4. A period of incapacity that is long-term due to a condition for which treatment may be ineffective (e.g., stroke, terminal disease, etc.); or
19 CONFIDENTIAL EMPLOYEES MOU

5. An absence to receive multiple treatments (including any period ofrecovery therefrom) either for restorative surgery after an accident or other injury, or for a chronic condition such as cancer or kidney disease.

All medical conditions are considered to be confidential information. No details regarding personal medical information will be provided in response to inquiries.

A permanent employee may donate up to 40 hours of accrued paid leave hours (sick leave, overtime, holiday, administrative leave, comp time, vacation), in a calendar year, to a City employee(s), when an employee or the employee's family member has suffered a catastrophic illness or injury.

II. ELIGIBILITY
A. The Personnel Officer must determine that the RECIPIENT:

1. is unable to work;

2. has exhausted all applicable accrued paid leave hours;

3. has provided sufficient documentation of need for himself/herself, or immediate family member;

4. has met the requirements outlined by the IRS and FLSA;

5. receives no more than 8 weeks in accrued paid leave hours for any one catastrophic illness or injury; and

6. has completed a "Request for Catastrophic Leave" form.

B. A Personnel Officer must determine that the DONOR:

1. will donate no more than 40 hours in total donations in a calendar year;

2. is donating in whole-hour increments; and

3. has completed a "Donation for Catastrophic Leave" form; and

4. the donor's bank cannot drop below 40 hours.

Notes:
• Once donated, hours cannot be returned to the donor.
• Donations are exchanged for an hour-for-hour basis regardless of pay rate. • Donor participation will be confidential.
• An employee that has applied to receive Worker's Compensation benefits is not eligible to apply for Catastrophic Leave.
• All requests for Catastrophic Leave must be approved by the City Manager and Finance Director.
20 CONFIDENTIAL EMPLOYEES MOU
The Parties AGREE to include the foregoing language to the current MOU this __ day of August 2025:

On Behalf of the City of Avalon:

David M. Maistros, City Manager
21 On Behalf of
Confidential Employees:

Jaime Hmielak
David Hart

CONFIDENTIAL EMPLOYEES MOU

APPENDIX A- WAGE SCHEDULE
22 City of Avalon
Master ClasslflcaUon and Salary Schedule
MOU - Confidential
.. .. Adrrinistretive Assistant E 19 Hourly 25.73 26.37 27.03 27.71 28.40 29.11 29.84 30.59 City Manage(s Office Year 1 Bi-weekly 2,058 2,110 2,162 2,217 2,272 2,329 2,387 2.447 Monthly 4,460 4,571 4,685 4,803 4,923 5,046 5,172 5,302 Annual 54,850 56,222 59,072 60,549 62,067 63,627
Adrrinistrative Assistant E 20 Hourly 26.37 27.03 27.71 28.40 29.11 29.84 30.59 31 .35 City Menagefs Office Year2 Bi-weekly 2,110 2,162 2,217 2,272 2,329 2,387 2,447 2,508 Monthly 4,571 4,685 4,803 4,923 5,046 5.172 5,302 5.434 Annual 54,850 56,222 57,637 59,072 60,549 62,067 63,627 65,208 -. .. Adrrinlstrative Assistant E 21 Hourly 27.03 27.71 28.40 29.11 29.84 30.59 31 .35 32.13 32.93 33.75 City Manage(s Office Year3 Bi-weekly 2,162 2,217 2,272 2,329 2,387 2.447 2,508 2,570 2,634 2,700 Monthly 4,685 4,803 4,923 5,046 5,172 5,302 5,434 5,569 5,708 5,850 Annual 56,222 57,637 59,072 60,549 62,067 63,627 65,208 66,830 68,494 70,200 . . .. Sr. Administrative Assistant E 25 Hourly 29.84 30.59 31 .35 32.13 32.93 33.75 City Manage( s Office Year 1 Bi-weekly 2,387 2,447 2,508 2,570 2,634 2,700 2,767 Monthly 5,172 5,302 5,434 5,569 5,708 5,850 5,996
Annual 62,067 63,627 65,208 66,830 68,494 70,200 71 ,947 Sr. Administrative Assistant E 26 Hourly 30.59 31.35 32.13 32.93 33.75 34.59 35.45 City Managefs Office Year 2 Bi-weekly 2.447 2,508 2,570 2,634 2,700 2,767 2,836 2,907 Monthly 5,302 5,434 5,569 5,708 5,850 5,996 6,145 6,299 Annual 63,627 65,208 66,830 68.494 70,200 71 ,947 73,736 75,587 . . .. Sr. Administrative Assistant E 27 Hourly 31 .35 32.13 32.93 33.75 34.59 35.45 36.34 37.25 38.18 39.13 City Manage(s Office Year3 Bi-weekly 2,508 2,570 2,634 2.700 2,767 2,836 2,907 2,980 3,054 3,130 Monthly 5.434 5,569 5,708 5,850 5,996 6,145 6,299 6,457 6,618 6,783 Annual 65,208 66,830 68,494 70,200 71 ,947 73,736 75,587 77,480 79,414 81 ,390 City of Avalon
Master Ciasslflcatlon and Salary Schedule
MOU • Confidential
Adrrinistrative Analyst E 32 Hour1y 35.45 36.34 37.25 38.18 39.13 40.11 41 .11 42 .14 City Manager's Office Year 1 Bi-weekly 2,836 2,907 2,980 3,054 3,130 3,209 3,289 3,371 Monthly 6,145 6,299 6,457 6,618 6,783 6,952 7,126 7.304 Annual 73,736 75,587 77,480 79,414 81 ,390 83.429 85,509 87,651 . . .. Adrrinistrative Analyst E 33 Hour1y 36.34 37.25 38.18 39.13 40.11 41 .11 42.14 43.19 City Manager's Office Year2 Bi-weekly 2,907 2,980 3,054 3,130 3.209 3,289 3,371 3,455 Monthly 6,299 6.457 6,618 6,783 6,952 7,126 7,304 7.486 Annual 75,587 77.480 79,41 4 81 ,390 83.429 85,509 87,651 89,835 Adrrinlstrative Analyst E 34 Hour1y 37.25 38.18 39.13 40.11 41 .11 42 .14 43.19 44.27 45.38 46.51 City Manager's Office Year3 Bi-weekly 2,980 3,054 3,130 3,209 3,289 3,371 3.455 3,542 3,630 3,721 Monthly 6,457 6,618 6,783 6,952 7,126 7,304 7,486 7,674 7,866 8,062 Annual 77.480 79,414 81 ,390 83,429 85,509 87,651 89,835 92,082 94,390 96,741 .. .. Adrrinistrative Analyst • HR E 32 Hour1y 35.45 36.34 37.25 38.18 39.13 40.11 41 .11 42.14 Year 1 Bi-weekly 2,836 2,907 2,980 3,054 3,130 3,209 3.289 3,371 Monthly 6,145 6,299 6,457 6,618 6,783 6,952 7,126 7,304 Annual 73,736 75,587 77,480 79,414 81 .390 83,429 85,509 87,651 . . .. Adrrinistrative Analyst • HR E 33 Hourly 36.34 37.25 38.18 39.13 40.11 41 .11 42.14 43.19 Year2 Bi-weekly 2,907 2,980 3,054 3,130 3,209 3,289 3.371 3,455 Monthly 6,299 6,457 6,618 6,783 6,952 7.126 7.304 7.486 Annual 75,587 77,480 79.414 81 ,390 83,429 85,509 87,651 89,835 . . .. Adrrinistrative Analyst . HR E 34 Hourly 37.25 38.18 39.13 40.11 41 .11 42 .14 43.19 44.27 Year3 Bl-weekly 2,980 3,054 3,130 3,209 3,289 3,371 3,455 3.542 Monthly 6,457 6,618 6,783 6,952 7,126 7,304 7,486 7,674 Annual 77,480 79,414 81 ,390 83,429 85,509 87.651 89,835 92,082 . . .. Adrrinistrative Analyst II - HR E 46 Hourty 50.08 51 .33 52.61 53.93 55.28 56.66 58.08 Year 1 Bi-weekly 4,006 4,106 4,209 4,314 4,422 4.533 4,646 Monthly 8,681 8,897 9,119 9,348 9,582 9,821 10,067
Annual 104,166 106,766 109.429 112,174 114,982 117,853 120,806 Adrrinistrative Analyst II - HR E 47 Hourty 51 .33 52.61 53.93 55.28 56.66 58.08 59.53 Year 2 Bi-weekly 4,106 4,209 4,314 4.422 4,533 4,646 4,762 Monthly 8,897 9,119 9,348 9,582 9,821 10,067 10,319
Annual 106,766 109,429 112,174 114,982 117,853 120,806 123,822 Adrrinistrative Analyst II - HR E 48 Hourty 52.61 53.93 55.28 56.66 58.08 59.53 61 .02 62.55 64.11 65.71 Year3 Bi-weekly 4,209 4,314 4,422 4,533 4,646 4,762 4,882 5,004 5,129 5,257 Monthly 9.119 9.348 9,582 9,821 10.067 10.319 10,577 10.842 11 .112 11,390 Annual 109,429 112,174 11 4,982 117,853 120,806 123,822 126,922 130. 104 133,349 136,677 City of Avalon
Master ClasslflcaUon and Salary Schedule
MOU • Confldentlal
Management Analyst E 39 Hourly 42.14 43.19 44.27 45.38 46.51 47.67 48.86 50.08 51.33 52.61 Year 1 Bi-weekly 3,371 3,455 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 Monthly 7,304 7.486 7,674 7,866 8,062 8,263 8,469 8,681 8,897 9,119 Annual 87,651 89,835 92,082 94,390 96,741 99,154 101 ,629 104,166 106,766 109.429 Management Analyst E 40 Hourly 43.19 44.27 45.38 46.51 47.67 48.86 50.08 51 .33 52.61 53.93 Year 2 Bi-weekly 3,455 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 4,314 Monthly 7,486 7,674 7,866 8,062 8,263 8,469 8,681 8,897 9,119 9,348 Annual 89,835 92,082 94,390 96,741 99,154 101 ,629 104,166 106,766 109.429 112,174 Management Analyst E 41 Hourly 44.27 45.38 46.51 47.67 48.86 50.08 51 .33 52.61 53.93 55.28 Year3 Bi-weekly 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 4,314 4,422 Monthly 7,674 7,866 8,062 8,263 8,469 8,681 8,897 9,119 9,348 9,582 Annual 92,082 94,390 96,741 99,154 101,629 104,166 106,766 109,429 112,174 114,982 Management Analyst . HR E 39 Hourly 42.14 43.19 44.27 45.38 46.51 47.67 48.86 50.08 51 .33 52.61 Year 1 Bi-weekly 3,371 3,455 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 Monthly 7,304 7,486 7,674 7,866 8,062 8,263 8,469 8,681 8,897 9,119 Annual 87,651 89,835 92,082 94,390 96,741 99,154 101 ,629 104,166 106,766 109,429 Management Analyst . HR E 40 Hourly 43.19 44.27 45.38 46.51 47.67 48.86 50.08 51 .33 52.61 53.93 Year2 Bi-weekly 3,455 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 4,314 Monthly 7.486 7,674 7,866 8,062 8,263 8,469 8,681 8,897 9,119 9,348 Annual 89,835 92,082 94,390 96,741 99,154 101 ,629 104,166 106,766 109,429 112,174 Management Analyst • HR E 41 Hourly 44.27 45.38 46.51 47.67 48.86 50.08 51 .33 52.61 53.93 55.28 Year3 Bi-weekly 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 4,314 4,422 Monthly 7,674 7,866 8,062 8,263 8,469 8,681 8,897 9,119 9,348 9,582 Annual 92,082 94,390 96,741 99,154 101 ,629 104,166 106,766 109,429 112,174 114,982 . . .. Senior Management Analyst E 46 Hourly 50.08 51 .33 52.61 53.93 55.28 56.66 58.08 59.53 61.02 62.55 Year 1 Bi-weekly 4,006 4,106 4,209 4,314 4,422 4,533 4,646 4,762 4,882 5,004 Monthly 8,681 8,897 9,119 9,348 9,582 9,821 10,067 10,319 10,577 10,842 Annual 104,166 106,766 109,429 112,174 114,982 11 7,853 120,806 123,822 126,922 130,104 Senior Management Analyst E 47 Hourly 51 .33 52.61 53.93 55.28 56.66 58.08 59.53 61 .02 62.55 64.11 Year2 Bi-weekly 4,106 4,209 4,314 4,422 4,533 4,646 4,762 4,882 5,004 5,129 Monthly 8,897 9,119 9,348 9,582 9,821 10,067 10,319 10,577 10,842 11 ,112 Annual 106,766 109,429 112,174 114,982 117,853 120,806 123,822 126,922 130,104 133,349 . . .. Senior Management Analyst E 48 Hourly 52.61 53.93 55.28 56.66 58.08 59.53 61 .02 62.55 64.11 65.71 Year3 Bi-weekly 4,209 4,314 4,422 4,533 4,646 4,762 4,882 5,004 5,129 5,257 Monthly 9,119 9,348 9,582 9,821 10,067 10,319 10,577 10,842 11 ,112 11 ,390 Annual 109.429 112,174 114,982 117,853 120,806 123,822 126,922 130,104 133,349 136,677 , . . . .. I lllllliillll : . Sr. Management Analyst - HR E 46 Hourly 50.08 51 .33 52.61 53.93 55.28 56.66 58.08 59.53 61 .02 62.55 Year 1 Bi-weekly 4,006 4,106 4,209 4,314 4,422 4,533 4,646 4,762 4,882 5,004 Monthly 8,681 8,897 9,119 9,348 9,582 9,821 10,067 10,319 10,577 10,842 Annual 104,166 106,766 109,429 112,174 114,982 117,853 120,806 123,822 126,922 130,104 , . . . .. I ..... : . Sr. Management Analyst - HR E 47 Hourly 51 .33 52.61 53.93 55.28 56.66 58.08 59.53 61 .02 62.55 64.11 Year2 Bi-weekly 4,106 4,209 4,314 4,422 4,533 4,646 4,762 4,882 5,004 5,129 Monthly 8,897 9,119 9,348 9,582 9,821 10,067 10,319 10,577 10,842 11 ,112 Annual 106,766 109,429 112,174 114,982 117,853 120,806 123,822 126,922 130,104 133,349 . . , . .. : . ·- , __ Sr. Management Analyst - HR E 48 Hourly 52.61 53.93 55.28 56.66 58.08 59.53 61 .02 62.55 64.11 65.71 Year3 Bi-weekly 4,209 4,314 4,422 4,533 4,646 4,762 4,882 5,004 5,129 5,257 Monthly 9,119 9,348 9,582 9,821 10,067 10,319 10,577 10,842 11,112 11,390 Annual 109,429 112,174 114,982 117,853 120,806 123,822 126,922 130,104 133,349 136,677 City of Avalon
Master Claaslflcatlon and Salary Schedule
MOU . Confidential
. . .. Assistant Planner E 32 Hourly 35.45 36.34 37.25 38.18 39.13 40.11 41 .11 42.14 43.19 44.27 Year 1 Bi-weekly 2,836 2,907 2,980 3,054 3,130 3,209 3,289 3,371 3,455 3,542 Monthly 6,145 6,299 6,457 6,618 6,783 6,952 7,126 7,304 7,486 7,674 Annual 73,736 75,587 77,480 79,414 81,390 83,429 85,509 87,651 89,835 92,082 . . .. Assistant Planner E 33 Hourly 36.34 37.25 38.18 39.13 40.11 41 .11 42.14 43.19 44.27 45.38 Year2 Bi-weekly 2,907 2,980 3,054 3.130 3,209 3,289 3,371 3,455 3,542 3,630 Monthly 6,299 6,457 6,618 6,783 6,952 7,126 7,304 7.486 7,674 7.866 Annual 75,587 77,480 79,414 81 .390 83,429 85,509 87,651 89,835 92,082 94,390 Assistant Planner E 34 Hourly 37.25 38.18 39.13 40.11 41 .11 42.14 43.19 44.27 45.38 46.51 Year3 Bi-weekly 2,980 3,054 3,130 3,209 3,289 3,371 3,455 3,542 3,630 3,721 Monthly 6,457 6.618 6,783 6,952 7,126 7,304 7,486 7,674 7,866 8,062 Annual 77,480 79,414 81 ,390 83,429 85.509 87,651 89,835 92.082 94,390 96,741 . . .. Associate Plamer E 39 Hourly 4214 43.19 44.27 45.38 46.51 47.67 48.86 50.08 51 .33 52.61 Year 1 Bi-weekly 3,371 3,455 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 Monthly 7.304 7,486 7,674 7,866 8,062 8,263 8,469 8,681 8,897 9,119 Annual 87,651 89,835 92,082 94,390 96,741 99,154 101 ,629 104,166 106,766 109,429 Associate Planner E 40 Hourly 43.19 44.27 45.38 46.51 47.67 48.86 50.08 51 .33 52.61 53.93 Year2 Bi-weekly 3,455 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 4,314 Monthly 7,486 7,674 7,866 8,062 8,263 8.469 8,681 8,897 9,119 9,348 Annual 89,835 92,082 94,390 96,741 99,154 101 ,629 104,166 106,766 109,429 112,174 Associate Planner E 41 Hourly 44.27 45.38 46.51 47.67 48.86 50.08 51 .33 52.61 53.93 55.28 Year3 Bi-weekly 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 4,314 4,422 Monthly 7,674 7.866 8,062 8,263 8,469 8,681 8,897 9,119 9,348 9,582 Annual 92,082 94,390 96,741 99.154 101 ,629 104,166 106,766 109,429 112,174 114,982 .. .. Senior Planner E 46 Hourly 50.08 51 .33 52.61 53.93 55.28 56.66 58.08 59.53 61.02 62.55 Year 1 Bi-weekly 4,006 4,106 4,209 4,314 4,422 4,533 4,646 4.762 4,882 5,004 Monthly 8,681 8.897 9,119 9,348 9,582 9,821 10,067 10,319 10,577 10,842 Annual 106,766 109,429 114,982 117,853 120,806 123,822 126,922 130,104 Senior Planner E 47 Hourty 51 .33 52.61 53.93 55.28 56.66 58.08 59.53 61 .02 62.55 64.11 Year2 Bi-weekly 4,106 4,209 4,314 4,422 4,533 4,646 4,762 4,882 5,004 5,129 Monthly 8,897 9,119 9,348 9,582 9,821 10,067 10,319 10,577 10,842 11 ,112 Annual 109,429 112,174 117,853 120,806 123,822 126,922 130,104 133,349 .. .. Senior Planner E 48 Hourty 52.61 53.93 55.28 56.66 58.08 59.53 61 .02 62.55 64.11 65.71 Year 3 Bi-weekly 4,209 4,314 4.422 4,533 4,646 4,762 4,882 5,004 5,129 5,257 Monthly 9,119 9,348 9,582 9.821 10,067 10,319 10,577 10.842 11 ,112 11 ,390 Annual 109,429 112,174 114,982 117,853 120,806 123,822 126,922 130,104 133,349 136,677 City of Avalon
Master Classlflcatlon and Salary Schedule
MOU - Confidential
Maintenance Superintendent E 46 Hourly 50.08 51 .33 52.61 53.93 55.28 56.66 58.08 59.53 Year 1 Bi-weekly 4,006 4,106 4,209 4,31 4 4.422 4,533 4,646 4,762 Monthly 8,681 8,897 9,119 9,348 9,582 9,821 10,067 10,319 Annual 104,166 106,766 109,429 11 4,982 117,853 120,806 123,822 Maintenance Superintendent E 47 Hourly 51 ,33 52.61 53.93 55.28 56.66 58.08 59.53 61 .02 Year2 Bi-weekly 4,106 4,209 4,314 4,422 4,533 4,646 4.762 4,882 Monthly 8,897 9,119 9.348 9.582 9.821 10,067 10,319 10,577 Annual 106,766 109,429 112,174 114,982 117.853 120,806 123,822 126,922 -. .. Maintenance Superintendent E 48 Hourly 52.61 53.93 55.28 56.66 58.08 59.53 61 .02 62.55 Year 3 Bi-weekly 4,209 4,314 4,422 4,533 4,646 4,762 4,882 5,004 Monthly 9,119 9,348 9,582 9,821 10,067 10,319 10,577 10,842 Annual 109,429 112,174 114,982 117,853 120,806 123,822 126.922 130,104 -- .. Building Official E 53 Hourly 59.53 61.02 62.55 64.11 65.71 67.35 69.03 70.76 Year 1 Bi-weekly 4,762 4,882 5,004 5,129 5,257 5,388 5,522 5.661 Monthly 10,319 10,577 10,842 11 ,112 11,390 11 ,674 11,965 12,265 Annual 123,822 126,922 130,104 133,349 136,677 140,088 143,582 147,181 -- .. Building Official E 54 HolS1y 61 .02 62.55 64.11 65.71 67.35 69.03 70.76 72.53 Year2 Bi-weekly 4,882 5,004 5,129 5,257 5,388 5,522 5,661 5,802 Monthly 10,577 10,842 11 ,112 11 .390 11 ,674 11 ,965 12,265 12,572 Annual 126,922 130,104 133,349 136,677 140,088 143,582 147,181 150,862 -- .. Building Official E 55 Hourly 62.55 64.11 65.71 67.35 69.03 70.76 72.53 74.34 Year3 Bi-weekly 5,004 5,129 5,257 5,386 5,522 5.661 5.802 5,947 Monthly 10,842 11 ,112 11 ,390 11 ,674 11 ,965 12,265 12,572 12,886 Annual 130,104 133,349 136,677 140,088 143,582 147,181 150,862 154,627 -. .. Project Manager E 53 Hourly 59.53 61 .02 62.55 64.11 65.71 67.35 69.03 70.76 Year 1 Bi-weekly 4,762 4,882 5,004 5,129 5,257 5,388 5,522 5,661 Monthly 10,319 10,577 10,842 11 ,112 11 ,390 11 ,674 11 .965 12,265 Annual 123,822 130,104 133,349 136,677 140,088 147,181
Project Manager E 54 Hourly 61 .02 62.55 64.11 65.71 67.35 69.03 70.76 72.53 Year2 Bi-weekly 4,882 5,004 5.129 5,257 5,388 5,522 5,661 5,802 Monthly 10,577 10,842 11 ,112 11 ,390 11 ,674 11 ,965 12,265 12,572 Annual 133,349 136,677 140,088 143,582 147,181 150,862
- - .. Project Manager E 55 Hourly 62.55 64.11 65.71 67.35 69.03 70.76 72.53 74.34 76.20 78.11 Year3 Bi-weekly 5,004 5,129 5,257 5.388 5,522 5,661 5,802 5,947 6,096 6,249 Monthly 10,842 11,11 2 11 ,390 11,674 11 ,965 12,265 12,572 12,886 13,208 13,539 Annual 130,104 133,349 136,677 140,088 143,582 147,181 150,862 154,627 158,496 162,469 City of Avalon
Master Classlflcatlon and Salary Schedule
MOU • Confidential
. . .. Community S81Vices Supervisor E 35 Hourly 38.18 39.13 40.11 41 .11 42.14 43.19 44.27 45.38 46.51 47.67 Year 1 Bi-weekly 3,054 3,130 3,209 3,289 3,371 3,455 3,542 3,630 3,721 3,814 Monthly 6,618 6,783 6,952 7,126 7,304 7,486 7,674 7,866 8,062 8,263 Annual 79.414 81 ,390 83,429 85,509 87,651 89,835 92,082 96,741 99,154 Community Ser,ices Supervisor E 38 Hourly 39.13 40.11 41 .11 42.14 43.19 44.27 45.38 46.51 47.67 48.86 Year2 Bi-weekly 3,130 3,209 3,289 3,371 3,455 3,542 3,630 3,721 3,814 3,909 Monthly 6,783 6.952 7,126 7,304 7,486 7,674 7,866 8,062 8,263 8,469 Annual 81 ,390 83,429 85,509 87,651 89,835 92,082 94,390 96,741 99,154 101 ,629 Corm,unlty Services Supervisor E 37 Hour1y 40.11 41 .11 42 .14 43.19 44.27 45.38 46.51 47.67 48.86 50.08 Year3 Bi-weekly 3.209 3,289 3,371 3,455 3,542 3,630 3,721 3,814 3,909 4,006 Monthly 6,952 7,126 7,304 7,486 7,674 7,866 8,062 8,263 8,469 8,681 Annual 83.429 85,509 87,651 89,835 92,082 94,390 96,741 99,154 101 ,629 104,166 . . .. Community S81Vices Manager E 46 Hour1y 50.08 51 .33 52.61 53.93 55.28 56.66 58.08 59.53 61.02 62.55 Year 1 Bi-weekly 4,006 4,106 4,209 4,314 4.422 4,533 4,646 4,762 4,882 5,004 Monthly 8.681 8,897 9.119 9,348 9,582 9,821 10,067 10.319 10,577 10,842 Annual 104,166 106,766 109,429 112,174 11 4,982 120,806 123,822 126,922 130,104 . . .. Community Services Manager E 47 Hourly 51 .33 52.61 53.93 55.28 56.66 58.08 59.53 61 .02 62.55 64.11 Year2 Bi-weekly 4,106 4.209 4,314 4.422 4,533 4,646 4,762 4,882 5,004 5,129 Monthly 8,897 9,119 9,348 9,582 9,821 10,067 10,319 10,577 10,842 11 ,112 Annual 114,982 117,853 120,806 123,822 126,922 130,104 133,349 . . .. Community Services Manager E 48 Hour1y 52.61 53.93 55.28 56.66 58.08 59.53 61 .02 62.55 64.11 65.71 Year3 Bi-weekly 4,209 4,314 4,422 4,533 4,646 4,762 4,882 5,004 5,129 5,257 Monthly 9.119 9,348 9,582 9,821 10,067 10,319 10,577 10,842 11 ,112 11 ,390 Annual 109,429 112,174 114,982 117,853 120,806 123,822 126,922 130,104 133,349 136,677 ~ . . . . . .. I- : I
Senior Accountant E 39 Hour1y 42.14 43.19 44.27 45.38 46.51 47.67 48.86 50.08 51 .33 52.61 Year 1 Bi-weekly 3,371 3,455 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 Monthly 7,304 7,486 7.674 7,866 8,062 8,263 8,469 8,681 8,897 9,119 Annual 87,651 89,835 92,082 94,390 96,741 99,154 101 ,629 104,166 106,766 109,429 , . . . .. I- : I
Senior Accountant E 40 Hour1y 43.19 44.27 45.38 46.51 47.67 48.88 50.08 51 .33 52.61 53.93 Year2 Bi-weekly 3,455 3,542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 4,314 Monthly 7,486 7,674 7,866 8,062 8,263 8,469 8,681 8,897 9,119 9,348 Annual 89,835 92,082 94,390 96,741 99,154 101 ,629 104,166 106,766 109,429 112,174 . . . . .. I- : I
Senior Accountant E 41 Hour1y 44.27 45.38 46.51 47.67 48.86 50.08 51 .33 52.61 53.93 55.28 Year3 Bi-weekly 3.542 3,630 3,721 3,814 3,909 4,006 4,106 4,209 4,31 4 4,422 Monthly 7,674 7,866 8,062 8,263 8,469 8,681 8,897 9,119 9,348 9,582 Annual 92,082 94,390 96,741 99,154 101,629 104,166 106,766 109,429 112,174 114,982 City of Avalon
Master Claaslflcallon and Salary Schedule
MOU - Confldentlal
lnfonnation Technology E 53 Hourly 59.53 61.02 62.55 64.11 65.71 67.35 69.03 Manager Year 1 Bi-weekly 4,762 4,882 5,004 5,129 5,257 5,388 5,522 Monthly 10,319 10,577 10,842 11 ,112 11,390 11 ,674 11 ,965 Annual 123,822 126,922 130,104 133,349 136,677 140,088 143,582 . . .. Information Technology E 54 Hourly 61.02 62.55 64.11 65.71 67.35 69.03 70.76 Manager Year2 Bi-weekly 4,882 5,004 5,129 5,257 5,388 5,522 5,661 Monthly 10,577 10,842 11,112 11 ,390 11 ,674 11 ,965 12,265 Annual 126,922 130,104 133,349
. . .. Information Technology E 55 Hourly 62.55 64.11 65.71 67.35 69.03 70.76 72.53 74.34 76.20 78.11 Manager Year3 Bi-weekly 5,004 5,129 5,257 5,388 5,522 5,661 5,802 5,947 6,096 6,249 Monthly 10,842 11 ,112 11 ,390 11 ,674 11 ,965 12,265 12,572 12,886 13,208 13,539 Annual 130,104 133,349 136,677 140,088 143,582 147,181 150,862 154,627 158.496 162,469 City Cieri< E 50 Hourly 55.28 56.66 58.08 59.53 61 .02 62.55 64.11 65.71 67.35 Year 1 Bi-weekly 4.422 4,533 4,646 4,762 4,882 5,004 5,129 5,257 5,388 Monthly 9,582 9,821 10,067 10,319 10,577 10,842 11 ,112 11 ,390 11 ,674 Annual 114,982 117,853 120,806 123,822 126,922 130,104 133,349 136,677 140,088 City Clerk E 51 Hourly 56.66 58.08 59.53 61 .02 62.55 64.11 65.71 67.35 69.03 Year2 Bi-weekly 4,533 4,646 4,762 4,882 5,004 5,129 5,257 5,388 5,522 Monthly 9,821 10,067 10,319 10,577 10,842 11 ,112 11 ,390 11,674 11 ,965 Annual 117,853 120,806 123,822 126,922 130,104 133,349 136,677 140,088 143,582 City Clerk E 52 Hourly 58.08 59.53 61 .02 62.55 64.11 65.71 67.35 69.03 70.76 Year 3 Bi-weekly 4,646 4,762 4,882 5,004 5,129 5,257 5,388 5,522 5,661 Monthly 10,067 10,319 10,577 10,842 11 ,112 11 ,390 11 ,674 11 ,965 12,265 Annual 120,806 123,822 126,922 130,104 133,349 136,677 140,088 143,582 147,181 Assistant Hart>or Master E 54 Hourly 61.02 62.55 64.11 65.71 67.35 69.03 70.76 72.53 74.34 Year 1 Bi-weekly 4,882 5,004 5,129 5,257 5,388 5,522 5,661 5,802 5,947 Monthly 10,577 10,842 11 ,112 11 ,390 11 ,674 11 ,965 12,265 12,572 12,886 Annual 126,922 133,349 136,677 140,088 143,582 147,181 150,862 154,627 Assistant Harbor Master E 55 Hourly 62.55 64.11 65.71 67.35 69.03 70.76 72.53 74.34 76.20 Year 2 Bi-weekly 5,004 5,129 5,257 5,388 5,522 5,661 5,802 5,947 6,096 Monthly 10,842 11 ,112 11 ,390 11 ,674 11 ,965 12,265 12,572 12,886 13,208 Annual 136,677 140,088 147,181 150,862 154,627 158,496
Assistant Hart>or Master E 56 Hourly 64.11 65.71 67.35 69.03 70.76 72.53 74.34 76.20 78.11 80.06 Year3 Bi-weekly 5,129 5,257 5,388 5,522 5,661 5,802 5,947 6,096 6,249 6,405 Monthly 11 ,112 11 ,390 11 ,674 11 ,965 12,265 12,572 12,886 13,208 13,539 13,877 Annual 133,349 136,677 140,088 143,582 147,181 150,862 154,627 158,496 162,469 166,525 RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVALON

APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN

THE CITY OF AVALON AND THE MANAGEMENT EMPLOYEE ASSOCIATION EFFECTIVE JULY 1, 2025 THROUGH JUNE 30, 2028
WHEREAS, the Management Employee Association is a recognized employees organization representing employees in the classification of Assistant City Manager, Community Services Director, Finance Director, Fire Chief, Harbor Master, Planning Director, and Public Works Director; and
WHEREAS, the City Council previously approved and adopted the terms and conditions set forth in the 2022-2025 MOU between the City of Avalon and Management Employees on May 3, 2022; and
WHEREAS, the City requested and Management Employees agreed to open contract negotiations in June 2025; and
WHEREAS, the City has satisfied its obligations under Government Code Section 3505 and the City Personnel Rules and Regulations to meet and confer over the terms and conditions of employment contained in the MOU; and
WHEREAS, the Management Employees and City Manager have reached an agreement and support the articles outlined in the MOU.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves the terms and conditions set forth in the MOU between the City of Avalon and the Management Employee Association , a copy of which accompanies this City Council item and is incorporated by reference herein; and
BE IT FURTHER RESOLVED, the terms and conditions of the MOU shall be in full force and effect from July 1, 2025 through June 30, 2028, except as specified otherwise in the MOU; and
BE IT FURTHER RESOLVED, that it is not the intent of the City Council in approving this MOU to change, modify or repeal in any way any of the existing rules of the City of Avalon; and
FINALLY, BE IT FURTHER RESOLVED, that the City Manager acting as the Personnel Officer has the authority to take any necessary administrative actions to implement the provisions of this resolution.

PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Avalon on this 5th day of August, 2025, by the following vote:

Ayes:

Noes:

Abstain:

Absent
Ann H. Marshall, Mayor
ATTEST:

Gabrielle Morones, City Clerk

MANAGEMENT MOU

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF AVALON
AND

MANAGEMENT
JULY 1, 2025 - JUNE 30, 2028
0 MANAGEMENT MOU

TABLE OF CONTENTS
PURPOSE ................................................................................................................................................... 3 NON-DISCRIMINATION ........................................................................................................................ 3 FULL UNDERSTANDING, MODIFICATION, AND WAIVER .......................................................... 3 MUTUAL RECOMMENDATION ........................................................................................................... 4 PLEDGE OF COOPERATION ................................................................................................................. 4 EXCLUSIVE CITY RIGHTS AND AUTHORITY .................................................................................. 4 RECOGNITION/ ASSOCIATION MEMBERSHIP ............................................................................... 5 PERSONNEL RULES AND REGULATIONS ........................................................................................ 6 LAYOFFS AND SEPARATION ............................................................................................................... 6 SECTION 125 PLAN ................................................................................................................................ 7 PEACEFUL PERFORMANCE OF CITY SERVICES ............................................................................ 7 HEAL TH AND SAFETY ........................................................................................................................... 7 SAVINGS CLAUSE .................................................................................................................................... 7 DURATION OF AGREEMENT ............................................................................................................... 8 ASSOCIATION CONSIDERATIONS ..................................................................................................... 8 PARITY ...................................................................................................................................................... 8 DUES DEDUCTIONS ............................................................................................................................... 9 RETIREMENT & BASE COMPENSATION ......................................................................................... 9 CATASTROPHIC LEAVE ...................................................................................................................... 11

MANAGEMENT MOU
ALLOWANCES ........................................................................................................................................ 12 HEAL TH CARE ....................................................................................................................................... 13 ADMINISTRATIVE PAID TIME OFF ................................................................................................ 15 HOLIDAYS ............................................................................................................................................... 15 GRIEVANCE PROCEDURE .................................................................................................................. 16 VACATION AND SICK LEAVE ............................................................................................................ 18 APPENDIX A - WAGE SCHEDULE .................................................................................................... 21 2 MANAGEMENT MOU

PURPOSE
It is the purpose of this Memorandum of Understanding (also referred to herein as "MOU" and "Agreement") to promote and provide for harmonious relations, cooperation and understanding between the City of Avalon (referred to hereinafter as "Employer" or "City") and the Management Employees (referred to hereinafter as "Association") and the employees covered herein; to provide orderly means of attempting to resolve misunderstandings or differences which may arise under this Memorandum of Understanding; and to set forth the understanding of the parties reached as a result of good faith negotiations regarding the wages, hours and other terms and conditions of employment of the employees covered hereby.

NON-DISCRIMINATION
The City and Association recognize the right of the employees to form,join or participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to form, join or participate in employee organization activities. No employee shall be intimidated, coerced, restrained or discriminated against by the City or the Association in any manner which is unlawful pursuant to state or federal law. This Article is not to be subject to the Grievance Procedure.

The City and the Association agree that no employee will be promoted, demoted, transferred, bypassed for promotion, disciplined, or discharged or in any way discriminated against because of race, color, sex, age, national origin, disability, veteran status, marital status, mental or physical disability, sexual orientation, medical condition, political or religious opinions or affiliations. The City and the Association shall reopen any provision of this Agreement for the purpose of complying with any final order of the federal or state agency or court of competent jurisdiction requiring a modification or change in any provision of this Agreement in compliance with state or federal anti-discrimination laws. Equal employment opportunity will be extended to all persons in all aspects of the employer-employee relationship, including recruitment, hiring, upgrading, training, promotion, transfer, discipline, layoff, recall, and termination.

Whenever the masculine gender is used in this Memorandum of Understanding, it shall be understood to include the feminine gender.

FULL UNDERSTANDING, MODIFICATION, AND WAIVER
This MOU contains all of the covenants, stipulations and provisions agreed upon by the parties, and any other prior existing understanding or agreements by the parties, whether formal or informal, regarding any such matters contained in this MOU are hereby superseded or terminated in their entirety.

Any agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and approved and implemented by Avalon's City Council. 3 MANAGEMENT MOU
The waiver of any breach, term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future l:)Oforcement of all its terms and provisions.

For the life of this MOU, Association and the City mutually agree that to reopen negotiations with respect to any subject or matter covered in this MOU requires mutual consent by both parties.

Without such mutual consent, the parties shall not be required to meet and confer regarding same.

MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual recommendation to be submitted to the Avalon City Council. This Memorandum of Understanding shall not be binding upon the parties in whole or in part unless and until said Avalon City Council formally approves said Memorandum of Understanding. Additionally, this MOU shall not be binding in whole or in part unless and until it is ratified by the Association's members/employees.

PLEDGE OF COOPERATION
The parties to this MOU realize that the things that would be in the best interest of both the Association, employees and City, in the long run, are largely identical and all parties will benefit from a continuous, peaceful relationship and intelligent, constructive efforts to resolve any differences that may arise.

The City and the Association have entered into a partnership that will ensure efficient operations while pledging to work together to best serve the needs of the City's citizens.

EXCLUSIVE CITY RIGHTS AND AUTHORITY
The City reserves, retains and is vested with, solely and exclusively, all rights of management as allowed by law, unless modified by this Memorandum of Understanding. The rights of the City include, but are not limited to, the exclusive right to:

A. To manage the City generally and to determine the issues of policy.

B. To determine the existence or non-existence of facts which are the basis of the management decision.

C. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish service.

D. To determine the nature, manner, means, and technology and extent of services to be provided to the public.

E. Methods of financing.

F. Types of equipment or technology to be used.

G. To determine and/or change the facilities, methods, technology, means and size of the work force by which City operations are to be conducted.

H. To determine and change the number of locations, relocations and types of operations, processes, and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or sub-contract any work or operation. 4 MANAGEMENT MOU
I. To determine the size and composition of the workforce, to make provisional appointments when it is in the best interest of the City, when a provisional appointment of an at-will employee is made during the period of suspension of an employee or pending final action on proceedings to review the suspension, demotion or discharge of an employee.

J. To assign work to and schedule employees in accordance with requirements as determined by the City, and to establish hours of work and change work schedules and assignments.

K. To relieve employees from duties for lack of work or similar non-disciplinary reasons.

L. To establish and modify productivity and performance programs and standards.

M. To discharge, suspend, demote or otherwise discipline employees for proper cause in accordance with the provisions and procedures set forth in City's Personnel Rules and Regulations.

N. To determine job classification, assign positions to job classifications, to reclassify employees without competition as long as the employees are qualified and employment laws are followed, to create new classification positions, and/or salary ranges as needed, and/or to under fill any allocated position.

0. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the City's Personnel Rules and Regulations.

P. To determine policies, procedures and the standards for selection, training and promotion of employees.

Q. To establish and manage to employee performance standards including, but not limited to, quality and quantity standards; and to require compliance therewith.

R. To maintain order and efficiency in its facilities and operations.

S. To establish and promulgate and/or modify rules and regulations to maintain order and safety in the City, which are not in contravention with this Agreement.

T. To take any and all necessary action to carry out the mission of the City in emergencies.

Where management makes any changes in working conditions because of the requirements of Federal and State law, the City shall not be required to negotiate the matter or manner of compliance with such law where the manner of compliance is specified by such law. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of Law, whenever the contemplated exercise of management's rights shall impact on a significant number of employees of the bargaining unit, the City agrees to meet and confer with the Association on all matters relating to employment conditions and employer-employee relations including wages, hours and terms and conditions of employment of employees within the bargaining unit unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding. Nothing in this Article is intended to modify the City's obligations under the Meyers-Milias Brown Act.

RECOGNITION/ASSOCIATION MEMBERSHIP
The City recognizes the Association pursuant to the provisions of the A val on Municipal Code Section 2-6.101 et. seq. as the exclusive bargaining representative for all employees employed by the City who are members of the Management Division only, and no other employees, in full-time employment of the City. The MOU shall apply to classifications and positions represented by the Management Division, which are not reservists, seasonal, temporary or contract employees, or who are otherwise employed in an at-will classification. 5 MANAGEMENT MOU
General Unit:

1. Assistant City Manager

2. Community Services Director

3. Finance Director

4. Fire Chief

5. Harbor Master

6. Planning Director

7. Public Works Director

PERSONNEL RULES AND REGULATIONS
It is understood and agreed that there exists within the City, in written or unwritten form certain personnel rules, policies, practices and benefits, generally contained in the "City of A val on' s Personnel Rules and Regulations," as amended thereafter by City resolutions and Memoranda of Understanding. Those rules, policies and benefits, which are subject to the meet and confer process, will continue in effect, except for those provisions modified by this Agreement, unless and until modified by mutual agreement of the parties and enacted by the Avalon City council, if necessary, in accordance with state laws, orders, regulations, official instructions or policies.

Where the terms of the City of Avalon's Personnel Rules and Regulations and this Memorandum of Understanding are in conflict, the terms of this MOU shall prevail.

LAYOFFS AND SEPARATION
Shall be conducted in accordance with the City's Personnel Rules and Regulations with layoffs, displacements and separations in each class series or in the same classification, within the bargaining unit where the affected employee held regular status, according to seniority.

Recall from layoff shall be in direct order of seniority within the family of jobs. Temporary, provisional, and probationary employees shall be called back to work after regular employees in a previously held status within their bargaining unit, covered by this agreement. Employees in good standing with their performance may be reinstated within two (2) years to a position in which they have the availability, qualifications, experience and satisfactory work performance to fulfill the requirements of the position and must serve a new probationary period of six (6) months.

Examination may be waived and take precedent over established lists for reinstatement to the same position as long as the employee meets the qualifications for the position but in no way shall it be mandatory for the department head to reappoint a former employee, and only providing the employee was in good standing in the performance of assigned job duties at the time of layoff, should he or she desire not to do so. Appointment shall otherwise be in the manner as for original employment based on qualifications to determine the most highly qualified individual for the position and shall be based on merit and ability. Upon reinstatement, any employee so appointed shall be considered a new appointee and shall have no vested interest in or be entitled to reinstatement of any benefits accrued during any previous employment with the City. An employee may be terminated by the Department Head when deemed necessary or convenient as a result of substantial changes in duties or organization, abolition of position, shortages of work 6 MANAGEMENT MOU
funds, or completion of work for which employment was made. Such termination shall not be subject to appeal.

SECTION 125 PLAN
The City shall continue the Section 125 Flexible Spending Plan adopted by the City Council effective January 1996.

PEACEFUL PERFORMANCE OF CITY SERVICES
The Association, its officers, agents, representatives and/or members agree that during the term of this Agreement, they will not cause or condone any strike (including sympathy strikes), walkout, slowdown, sickout or any other job action or stoppage of work by withholding or refusing to perform services by Association employees during the life of this Memorandum of Understanding.

The City agrees that it shall not lock out its employees during the term of this Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall, or failure to return to work of employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law.

Any employee who participates in any conduct prohibited as described above may be subject to disciplinary action, up to and including termination.

HEAL TH AND SAFETY
The City will comply with state and federal law and regulations relating to Occupational Safety and Health and endeavor to provide a safe and healthy work environment. Likewise, it is the duty of each employee to comply with all health and safety regulations of the City and to practice good safety habits in the performance of their duties. All persons who drive City Vehicles shall be subject to the DMV driving record Pull Notice.

The City of Avalon, endeavors to maintain a drug free environment. Shall the City and the Association mutually agree to reopen negotiations regarding this specific article, both parties agree to limit negotiations solely to this Article.

SAVINGS CLAUSE
It is understood and agreed that all provisions of this Agreement are subject to applicable laws, and if any provision of any Article in the Agreement is held or found to be in conflict therewith, said Article shall be void and shall not bind either of the parties hereto. However, such invalidity shall not affect the remaining Articles of this Agreement. In the event that any provision shall be held unlawful and unenforceable by any court of competent jurisdiction, the parties agree to meet forthwith for the purpose of renegotiating such provision and attempt to reach a valid agreement. 7 MANAGEMENT MOU

DURATION OF AGREEMENT
Except as herein provided, this Memorandum of Understanding shall be in effect from the date of its ratification until 12 o'clock midnight on June 30, 2025.

In the event either party hereto desires to negotiate the provisions of a successor Memorandum of Understanding, such party shall serve upon the other, ninety (90) days prior to the termination date of this Agreement, its written request to commence negotiations, and, to the extent reasonably possible, its full and entire written proposal for such successor Memorandum of Understanding.

Upon receipt of such written notice and proposals, negotiations shall begin thereafter not later than sixty ( 60) days prior to the termination date of this Agreement.

ASSOCIATION CONSIDERATIONS
City employees who are official representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation or grievances are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City.

Reasonable access to employee work locations shall be granted to officers of the Association as their officially designated representatives for the purpose of conducting business within the scope of representation. In the event an outside business agent or legal representative need be present, the Association shall provide the City with advanced notice. It is agreed that the Association representative(s) are permitted to conduct Association business during working hours and may use City facilities accessible to the public provided that such activity does not interfere with the normal operations of the department or with established safety or security requirements. An employee is entitled to representation in the preparation and presentation of a grievance at any step in the grievance procedure. Only an employee who is a member of the Association may be represented by the Association. The grievant(s) and one representative are entitled to be released from work for a reasonable period of time in order to prepare for and present the grievance.

Except in case of emergency, reasonable advance written notice shall be given to the Association of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council and shall be given the opportunity to meet with such body prior to adoption. In case of emergency when the City Council determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with the Association, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation.

PARITY
Parity as it relates to healthcare benefits and cost of living increases shall remain the same between Management and all Associations and unionss.
8 MANAGEMENT MOU

DUES DEDUCTIONS
Upon receipt of a lawfully executed written authorization from an employee, the City agrees to deduct the current regular Association dues each payroll period and remit such deductions once each payroll period to the duly elected treasurer of the Association within seven (7) working days following the end of the payroll period. The Association will notify the City, in writing, ten (10) working days prior to any change in the regular Association dues structure. The City is expressly prohibited from any involvement in the collection of fines, or penalties and shall not honor any request of this nature other than for Association dues. Deduction of dues will be made by the City when other payroll deductions are made and will begin with the pay for the first full pay period following receipt of the authorization by the Association.

Any employee, upon ten (10) working days' notice to the City and the Association, may revoke his/her dues deduction and shall submit such revocation form to the City's payroll division.

The City and the Association agree to provide Dues Deductions Authorization forms and Notice to Stop Dues Deduction forms to its members.

The Association agrees to indemnify and hold the City harmless against any and all claims, suits, orders and judgments brought and issued against the City as a result of any action taken or not taken by the City on account of payroll deduction of Association dues.

RETIREMENT & BASE COMPENSATION
Upon separation of employment, an employee will receive a retirement agreement that will address all facets of compensation based on the applicable MOU in place at the time of separation.

CalPERS Contribution for Misc. Members:

Any employee hired after January 1, 2013 and who meets the definition of a "new member" as defined by Government Code section 7522.04(f) will be required to pay 50% of the "normal cost" of the defined benefit, rounded to the nearest quarter of 1 percent, or the current contribution rate of similarly situated employees, whichever is greater, as specified in Government Code section 7522.30. Any new member who has not become vested by having paid the employee's contribution to PERS for the first five (5) years of continuous service as of January 1, 20 13, will be required to pay the employee's share of the contribution (EPMC) to fund a portion of the cost of the 2% at age 62 retirement formula an amount equal to 8% of compensation eamable on a pretax basis for safety, as specified in Government Code Section 20516.5(f). Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the PERS retirement system.

Any employee who established CalPERS membership prior to January 1, 2013 who is already vested after having paid the employee 's contribution to PERS for the first five (5) years of continuous service, will be required to pay the employee's share of the contribution (EPMC) to fund a portion of the cost of the 2% at 55 retirement formula an amount equal to 8% of compensation eamable on a pre-tax basis, in accordance with Section 205 l 6(f). Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the PERS retirement system.
9 MANAGEMENT MOU
CalPERS Contribution for Safety Members:

Any employee hired after January 1, 2013 and who meets the definition of a "new member" as defined by Government Code section 7522.04(f) will be required to pay 50% of the "normal cost" of the defined ben.efit, rounded to the nearest quarter of 1 percent, or the current contribution rate of similarly situated employees, whichever is greater, as specified in Government Code section 7522.30. Any new member who has not become vested by having paid the employee's contribution to Cal PERS for the first five (5) years of continuous service as of January 1, 2013, will be required to pay the employee's share of the contribution (EPMC) to fund a portion of the cost of the 2. 7% at age 57 retirement formula an amount equal to 12% of compensation earnable on a pre-tax basis for safety, as specified in Government Code Section 205 l 6.5(f). Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the CalPERS retirement system.

Any employee who established CalPERS membership prior to January 1, 2013 who is already vested after having paid the employee's contribution to CalPERS for the first five (5) years of continuous service, will be required to pay the employee's share of the contribution (EPMC) to fund a portion of the cost of the 2% at 50 retirement formula an amount equal to 9% of compensation eamable on a pre-tax basis, in accordance with Section 20516(f). Retirees will be eligible to begin receiving retirement benefits once they are deemed qualified in accordance with the CalPERS retirement system.

Retirement Calculations:

Tier I- 36 Consecutive Months - For employees hired prior to December 31 , 2012 and in accordance with the City's contract with CalPERS, the final compensation provision of Public Employees Retirement Law shall use your highest average full-time monthly pay rate for 36 consecutive months of employment.

Tier II - Three (3) highest year average - For employees hired on or after January 1, 2013 the provision of Section 7522.32(a) of the Public Employees Retirement Law (three (3) consecutive years of employment) shall apply to safety members.

Retirement Formula:

Tier I - 2% at 55 - All employees covered under this provision of this MOU hired prior to December 31 , 2012 shall have their final percentage of final compensation to be provided for each year of credited prior and current service determined in accordance with Section 21354.3 of the Public Employees Retirement Law (2% at 55).

Tier II - 2% at 62 - All employees covered under this provision of this MOU hired on or after January 1, 2013 shall have their final percentage of final compensation to be provided for each year of credited prior and current service determined in accordance with Section 7522.20 of the Public Employees Retirement Law (2% at 62) based on Article 4. California Public Employee's Pension Reform Act of 2013.

Purchase of Military Service Credit as Public Service: Pursuant to Section 21024 of the Public Employee's Retirement Law, an employee may elect to purchase up to four (4) years of service credit for any continuous active military or merchant marine service prior to employment provided,

MANAGEMENT MOU
however, the employee must contribute an amount equal to the contribution for current and prior service that the employee and the City would have made with respect to that period of service.

Post Retirement Survivor Allowance: Pursuant to the provisions of Section 21624 and 21626 of the Public Employee's Retirement Law, an allowance may be continued to a surviving spouse upon the death of a member after retirement.

Retiree Medical: All full-time employees hired on or before May 1, 2022 that retire after twenty (20) or more years' service with the City shall have the same medical, dental, and vision retirement benefits up to the City paid maximum contribution (City maximum) or the premium of the health plan selected by the employee (whichever is lower) as compared to current active employees enrolled in the PERS Gold PPO plan for Misc and Safety Employees. Once a qualified retiree as set forth herein becomes eligible for Medicare the City shall reimburse for the CalPERS supplemental medical premium for employee only coverage.

Distributions for Qualified Health, and Long-term Care Premiums: Retired or disabled Firefighters may elect to have a maximum of $3 ,000 per year subtracted from their 457 plan distributions and sent directly to a health or long term care provider to pay premiums. A retired or disabled Firefighter may elect to have these amounts excluded from gross income for federal income tax purposes. To receive this favorable tax treatment, the retired or disabled public officers must make this election on their federal income tax returns.

CATASTROPHIC LEA VE
A permanent employee may be granted a Catastrophic Leave for up 8 weeks, if the employee or eligible family member has suffered a catastrophic illness or injury, and exhausted all applicable accrued paid time. An eligible family member includes the employee's spouse, parent, child, sibling, grandparent, grandchild; in-laws and step-relatives in these relationships; and other persons residing in the employee's household for whom there is a personal obligation.

Catastrophic illness or injury is a serious non-work-related health condition which incapacitates the employee, or their eligible family member, and which creates a financial hardship because the employee has exhausted their sick and vacation leave, as well as any compensatory time off if employed in a non-exempt position. A catastrophic illness or injury is defined as a serious illness, injury, impairment, or physical or mental condition that is present for a minimum of seven calendar days, and that involves:

1. A period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a hospital, hospice, or residential medical care facility; or

2. A period of incapacity requiring absence of more than seven calendar days from work, and that also involves continuing treatment by (or under the supervision of) a licensed health care provider; or

3. A period of incapacity ( or for treatment) due to a chronic serious health condition ( e.g., asthma, diabetes, epilepsy, etc.); or

4. A period of incapacity that is long-term due to a condition for which treatment may be ineffective (e.g., stroke, terminal disease, etc.); or
11 MANAGEMENT MOU

5. An absence to receive multiple treatments (including any period ofrecovery therefrom) either for restorative surgery after an accident or other injury, or for a chronic condition such as cancer or kidney disease.

All medical conditions are considered to be confidential information. No details regarding personal medical information will be provided in response to inquiries.

A permanent employee may donate up to 40 hours of accrued paid leave hours (sick leave, overtime, holiday, administrative leave, comp time, vacation), in a calendar year, to a City employee(s), when an employee or the employee's family member has suffered a catastrophic illness or injury.

II. ELIGIBILITY
A. The Personnel Officer must determine that the RECIPIENT:

1. is unable to work;

2. has exhausted all applicable accrued paid leave hours;

3. has provided sufficient documentation of need for himself/herself, or immediate family member;

4. has met the requirements outlined by the IRS and FLSA;

5. receives no more than 8 weeks in accrued paid leave hours for any one catastrophic illness or injury; and

6. has completed a "Request for Catastrophic Leave" form.

B. A Personnel Officer must determine that the DONOR:

1. will donate no more than 40 hours in total donations in a calendar year;

2. is donating in whole-hour increments; and

3. has completed a "Donation for Catastrophic Leave" fom1 ; and

4. the donor's bank cannot drop below 40 hours.

Notes:
• Once donated, hours cannot be returned to the donor.
• Donations are exchanged for an hour-for-hour basis regardless of pay rate. • Donor participation will be confidential.
• An employee that has applied to receive Worker's Compensation benefits is not eligible to apply for Catastrophic Leave.
• All requests for Catastrophic Leave must be approved by the City Manager and Finance Director.

ALLOWANCES
Uniform Allowance: Employees required in the course of their duties to wear specific standard uniforms, (Harbor Master, Fire Chief and Public Works Director) will be provided those uniforms on an as needed basis as deemed essential by the City Manager. 12 MANAGEMENT MOU
Employees that leave the City's service shall return their uniforms to the City on their final day of employment. Items not deemed necessary to personal health and safety will be subject to CALPers and will be reported to CALPers as special compensation for "Classic" or "Tier 1" employees.

Cell Phone Reimbursement: Employees whose job duties include the regular, frequent or ongoing need for a device may receive $85 compensation for a cell phone or smart phone, data plan, tablet and hot spot device, in the form of a monthly Stipend to cover City business-related costs (Option 1), or may be issued a City-owned mobile device (Option 2) up to the City allowable maximums and with approval in accordance with policy.

HEALTHCARE
Health Insurance. The City shall pay the cost of employee' health insurance premiums. as well as spouse/registered domestic partner insurance costs, except that the maximum amount paid by the City shall be the "City Maximum, as defined below.

The following monthly City maximum contribution benefits shall apply effective the first month of approval of this MOU :

Full-time employees:

Status
Employee Only
Employee+ 1
Employee + Family
City Maximum
Upon
Signing
$910.00
$1 ,700.00
$2,130.00
1/ 1/2027
$930.00
$1 ,740.00
$2,180.00
1/1/2028
$950.00
$1 ,780.00
$2,230.00
The City will only pay up to the maximum contribution (City maximum) or the premium of the health plan selected by the employee, whichever is lower. The employee must pay either the cost of the premium not covered by the City Maximum or the minimum contribution (Employee minimum) as stated above, whichever is higher.

Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.

Should the health insurance premiums for the plan containing the majority of City employees (currently PERS Gold PPO) increases in excess of 12.5% for 2027 or increases in excess of 20% combined for 2027 and 2028, the Parties agree that they will reopen discussion on health insurance during the term of this agreement.
13 MANAGEMENT MOU
Dental Benefits: The City shall continue to pay 100 % of the employee and eligible dependent's dental coverage. Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.

Life Insurance: The City shall pay one hundred percent (100%) of the premium for a tenn life insurance policy for each eligible employee which shall be based upon a formula of one times the employee's annual salary rounded up to the nearest thousand dollars, up to a maximum City paid coverage of $50,000 (i.e., an employee who earns $20,100 would receive $21 ,000). This group term insurance is on a non-participating basis, with option to convert coverage upon termination of employment. Payment of benefits is subject to all the provisions of the master policy. This benefit replaces any other life insurance coverage.

Vision Benefits: The City's contribution for vision insurance shall be 100% employer-paid for family coverage for the term of this MOU. Once a covered dependent is no longer eligible because of age limitations in the policies or deceased, said coverage shall cease. Dependent is defined as spouse or child who meets the criteria set forth by the medical insurance provider.

Long-term Disability: All active, full-time employees working thirty (30) or more hours per week on a regular basis may purchase Long Term Group Disability Insurance on the first day of the month following the date of hire. The amount of insurance will be 66 2/3 % of basic monthly earnings, excluding overtime, up to age 70 not to exceed a maximum monthly benefit of $3,000; including amounts payable by Social Security and workers' compensation benefits; the elimination period is 365 days. Benefits will begin after a sixty-day waiting period and payment of benefits is subject to all provisions of the master policy.

Opt Out Benefit: An employee cannot be enrolled in the City's dental, vision or PERS health plan if a spouse is enrolled in the same agency or enrolled in an agency with PERS health, unless the employee (or the spouse) is enrolled without being covered as a family member. Additionally, an employee may choose to not be enrolled in the City's dental, vision or PERS health plan. In such cases, the City, after determining that a minimum amount of health coverage is provided to the employee (by their spouse or other coverage), shall pay an employee that has waived coverage a cash allowance of $325 per month or pay into the employee's deferred compensation plan (a plan administered by the City) $325 per month. If the employee wants to have all or a portion of the deferred compensation payment to be credited towards the dependent coverage cost, then the remaining balance, if any, shall be credited to the employee's deferred compensation account. To be eligible for this "opt out benefit" payment, the employee must provide proof, as determined by the City, that comparable medical insurance is in full force and effect. In the event the employee loses eligibility (with documentation) then the employee may re-enroll in the plan pursuant to the PERS health plan rules.

Physical Exams: The City may authorize annual physical examinations for all covered employees.

The City shall pay the costs of any such examination not covered by the Employee's health msurance.
14 MANAGEMENT MOU

ADMINISTRATIVE PAID TIME OFF
Administrative Paid Time Off: Employees exempt from the overtime pay requirements of the Fair Labor Standards Act shall not be entitled to, nor be paid, overtime compensation of any kind.

Exempt employees shall be granted up to eighty (80) hours of administrative leave per year upon the approval of the City Manager. Employees may carry over up to 40 hours of unused administrative paid time off each year. With written approval of the City Manager and Personnel Officer, payouts of up to 32 hours shall be made annually by the last pay period of each year.

HOLIDAYS
Paid holidays are authorized and observed as set forth in the City's Personnel Rules and Regulations. During the term of this MOU, there shall be twelve (12) regularly scheduled holidays.

Holiday time shall constitute eight (8) hours paid at straight time. Employees shall not be required to be in attendance on paid holidays.

Employees whose work load or responsibilities demand they work on designated Holidays may elect to bank the Holiday time (8 hours) to be used within that fiscal year.

Regular employees may take sixteen (16) hours of personal "floating holidays" leave per fiscal year. Floating holiday leave shall be scheduled with the approval of the employee's immediate supervisor. These personal holiday leave shall be with pay. Personal holiday leave shall be used in the year accrued; may not be carried over to a subsequent year or cashed out if unused; and shall not count as hours worked towards accrual of overtime. Newly hired employees shall receive a pro rata share of Hal iday Leave based on their date of hire.

SALARY
Employees shall be compensated in accordance with the Wage Schedule attached hereto and incorporated herein as Exhibit A.

Any employee that is currently in Steps shall be advanced to the next Step that is at least 5.5% higher than the employee's rate as of June 30, 2025 retroactive to the first full pay period of July 2025 commencing after the ratification of this MOU. All subsequent Step advancements shall occur annually during the term of this MOU beginning with the first full pay period on or after July 1, 2026 and July 1, 2027.

Newly hired/promoted employees shall be eligible to receive their next Step increase at the first full pay period following July 1 provided they have completed their probation unless approved earlier by the City Manager.
15 MANAGEMENT MOU

GRIEVANCE PROCEDURE
A grievance shall be any matter for which appeal is not otherwise provided or prohibited, concerning:

1. A dispute about the interpretation or application of this MOU and Personnel Rules and Regulations;
A. Informal Grievance Procedure:

An employee who has a problem or complaint should first try to get it settled through discussion with his immediate supervisor without undue delay - within one or two workdays of the event grieved. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to promptly discuss it with the supervisor's immediate superior, if any, in the administrative service. Every effort should be made without delay to find an acceptable solution by informal means at the lowest possible level of supervision. If the employee, or the Association, is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of his/her supervisor or the supervisor's immediate superior on matters within the statutory scope of representations.

B. Formal Grievance Procedure:

1. First level of Review: A grievance shall be presented in wntmg to the employee's immediate supervisor within ten (10) calendar days of the informal process decision or of the event giving rise to the grievance, whichever is later.

The supervisor shall render his/her decision and comments in writing and return them to the employee within ten (10) calendar days after receiving the grievance. In the event that the supervisor does not render a decision within the 10 days or within a mutually agreed upon extension of the timeline, the employee has the right to move the grievance up to the next level of review.

2. Further Level or Levels of Review as Appropriate: The supervisors immediate superior receiving the grievance shall review it, render his/her decision and comments in writing, and return them to the employee within ten ( 10) calendar days after receiving the appeal. In the event that the supervisor does not render a decision within the 10 days or within a mutually agreed upon extension of the timeline, the employee has the right to move the grievance up to the next level of review.

3. Department Review: The Department Head receiving the grievance, or his/her designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons. The Department Head shall render his/her decision and comments in writing, and return them to the employee within ten (10) calendar days after receiving the appeal. If the employee, or the Association, does not agree with the decision reached, or if no answer has been received within ten (10) calendar days, he may present the appeal in writing to the City Manager. Failure of the employee to take further action within twenty (20) days after receipt of the decision, or within a total of twenty (20) days if no decisions is rendered, will constitute withdrawal of the gnevance.
16 MANAGEMENT MOU

4. City Manager: The City Manager or his/her designee should discuss the grievance with the employee, his/her representative, if any, and with other appropriate persons. The City Manager may designate an "investigation committee," or an officer not in the normal line of supervision, to advise him/her concerning the grievance. The appointing power shall render a decision in writing to the employee within twenty (20) days after receiving the grievance.

C. Grievance Arbitration:

1. Within ten (10) working days of the receipt of the City Manager's final decision, the Association may request arbitration by filing a written request.

The request for arbitration shall be in writing to the Department Head with a copy sent to the Personnel Officer.

2. If either the City or the Association so requests, the arbitrator shall hear the merits of any issue raised regarding the arbitrability of a grievance first. No hearing on the merits of the grievance shall be conducted until the issue of arbitrability has been decided.

3. The parties shall request a list of five (5) arbitrators, within ten (10) working days after receipt of the employee's request for arbitration, from the California State Mediation and Conciliation Service.

4. Within five (5) working days of receipt of the list, the parties shall mutually agree upon the person on the list who shall be the Arbitrator. If one person is not mutually agreed upon, the parties shall within five (5) days after receipt of the list of names alternately strike names from such list with the last remaining name to be the person serving as Arbitrator. The party having first choice to strike a name from the list shall be determined by lot.

5. The City and the Association shall share the fees and expenses of the arbitrator and the certified court reporter equally. The services of the certified court reporter are optional. Both parties must agree if the certified court reporter is to be employed and that the cost shall be equally shared. Financial responsibility shall be established before the selection of an arbitrator. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. However, if either party declines the use of a court reporter, the party requesting the court reporter shall pay the entire cost of employing the court reporter.

6. The arbitrator's review is limited to the interpretation of this MOU and/or City's Personnel Rules and Regulations.

7. Decision: The decision of the arbitrator shall be made in writing within thirty (30) working days of the close of the hearing or the submission of written briefs.

The decision of the arbitrator shall be final.

D. Conduct of Grievance Procedure:

1. The time limits specified above may be extended to a definite date by mutual agreement of the employee and the reviewer concerned. If an employee receives no response at a particular level, he/she may proceed to the next appropriate level of review.
17 MANAGEMENT MOU

2. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his grievance at any level of review.

3. The employee and his representative may be privileged to use a reasonable amount of work time as determined by the appropriate Department Head in conferring about presenting the grievance.

4. Employees shall be assured freedom from reprisal for using the grievance procedure.

VACATION AND SICK LEA VE
During the months of March, June, September and December, full time employees may sell back to City at one-for-one cash out a portion of his or her accumulated vacation time, up to a maximum of ninety-six (96) hours of vacation leave per any twelve (12) month period. City shall grant paid vacation leave for all probationary and regular employees represented by the Association according to the following schedule:

Years of Service Completed
0 - 4 years
5 - 9 years
10+ years
Accrual Rate
IO days (2 weeks)
15 days (3 weeks)
20 days (4 weeks)
No vacation shall be taken for a period exceeding the maximum hours accumulated at any given time. Vacation leave only accrues when an employee is in a paid status and not when an employee is on a Leave of Absence for more than thirty (30) days.

An Employee may accumulate a maximum of three hundred and sixty (360) hours of vacation leave. If an employee's vacation leave balance exceeds three hundred and sixty (360) hours, the employee shall cease earning vacation leave until the balance is 359 hours or less at the beginning of the month. Any Employee that is in excess of three hundred sixty (360) hours of vacation leave at the time of entering this agreement will continue to accrue vacation leave up to four hundred and eighty ( 480) hours and be required to reduce their vacation leave balance to the three hundred and sixty (360) hour maximum by May 31 , 2027. Except as otherwise set forth herein, accrual and use of vacation leave shall be subject to the Personnel Rules and Regulations.

An employee may accumulate a maximum of four hundred eighty ( 480) hours of sick leave. If an employee's sick leave balance exceeds 480 hours, the employee shall cease earning sick leave until the balance is 479 hours or less at the beginning of the next pay period.

Sick Leave Use: Sick leave pay shall be requested only in cases of actual personal sickness or disability, medical or dental treatment, or as authorized by the Personnel Officer under the provisions of the Federal Family Medical Leave Act and/or the California Family Rights Act, or California Labor Code Section 233 (use of sick leave). Use of accrued sick leave shall be allowed for the purpose of preventative medical, dental, and care of a parent, spouse, registered domestic partner or child. An employee contemplating to be off work due to illness or injury for an extended period of two (2) weeks or more may be required to provide a comprehensive health statement as to the length of absence from the employee's health care provider stating any duties the employee 18 MANAGEMENT MOU
cannot perfonn and any restrictions or light duty requirements. In such events, FMLA and sick leave shall run concurrently. Employees requesting sick leave shall notify their immediate supervisor or department head prior to the time set for reporting to work. Sick leave with pay shall not be allowed unless an empioyee has met and complied with the provisions of this Memorandum of Understanding and the department head or the Personnel Officer has approved such payment.

Sick leave may be used for absence reasonably required by complications of pregnancy, continuing through delivery and reasonable period of recovery therefrom, to be determined in accordance with written reports from the employee's physician, specifying the expected date of delivery and the date that the employee should cease work. In no event shall an employee return to work after pregnancy prior to a date fixed by the physician in a signed statement that she is physically able to perform the duties of her position. Every regular employee shall be able to use accrued vacation, compensatory time, or holiday time when sick leave has been exhausted due to extended illness or injury unless they are on a medical certification program.

Pursuant to Kin Care legislation, employees may use up to 50% of their annual sick leave accrued to attend to the illness of their child, parent, spouse, or registered domestic partner of the employee.

Sick Leave Abuse: Sick leave shall not be abused. The City reserves the right to require a satisfactory statement of a licensed physician whenever an employee misses work due to an illness, injury or disability. The Department Head or Personnel Officer may require a written statement from the attending physician or dentist, or a physician or dentist to whom the department head or Personnel Officer directs the employee to report, to establish that the employee is or was incapacitated and unable to perform his duties. The Department Head or Personnel Officer may require a written statement from the attending physician or dentist, or from the physician or dentist to whom the department head or Personnel Officer has required the employee to report and be examined by, that the employee is capable of and released to return to the performance of all of the duties of his position. The physician's statement must verify than an injury or disability exists or existed, its beginning and ending dates and/or the employee's ability to return to work without presenting an immediate and significant risk to his own health or safety, or the health and safety of others, and any other requirement in accordance with the City's Sick Leave policy located in the Personnel Rules and Regulations. Abuse of sick leave shall be subject to progressive discipline, up to and including termination.

Management may not require doctor's verification for sick leave ofless than three (3) days unless sick leave abuse is strongly suspected and reasonably demonstrated.

Sick leave shall be administered in accordance with the City of Avalon Personnel Rules and Regulations unless provided otherwise by a current MOU.

Separation: Upon separation from City employment, an employee is entitled to receive payment for unused sick leave limited to a maximum of two hundred and forty (240) hours in accordance with the following schedule:
19 Years of Service
2-4
5-9
10+

MANAGEMENT MOU
Balance Payable
25 % of accrued and unused sick leave (not to exceed 60 hours) 50% of accrued and unused sick leave (not to exceed 120 hours) 7 5% of accrued and unused sick leave ( not to exceed 180 hours) When calculating the total amount payable to an employee upon separation for his or her accrued and unused sick leave, the Personnel Officer shall determine the total amount of accrued and unused sick leave, allocate an equal portion of such leave to each year of service, and determine the highest hourly pay rates for each year of service.

Retirement Health Premium Reimbursement Plan: Upon retirement from City employment, an employee may transfer unused sick and vacation time accrued amounts to pay for future medical premmms.

An employee is entitled to receive payment for unused sick leave limited to a maximum of two hundred and forty (240) hours in accordance with the following schedule:

Years of Service
2-4
5-9
10+
Balance Payable
25 % of accrued and unused sick leave (not to exceed 60 hours) 50% of accrued and unused sick leave (not to exceed 120 hours) 75% of accrued and unused sick leave (not to exceed 180 hours) When calculating the total amount payable to an employee upon separation for his or her accrued and unused sick leave, the Personnel Officer shall determine the total amount of accrued and unused sick leave, allocate an equal portion of such leave to each year of service, and determine the highest hourly pay rates for each year of service.

The Parties AGREE to include the foregoing language to the current MOU this __ day of August 2025:

On Behalf of the City of Avalon:

David M. Maistros, City Manager
20 On Behalf of
Management Employees:

Michael Alegria
Kevin Schmidt

MANAGEMENT MOU

APPENDIX A - WAGE SCHEDULE
21 City of Avalon
Master ClasslflcaUon and Salary Schedule
MOU - Management
Assistant City Manager E 68 Hourly 86.21 88.37 90.58 92.84 95.16 97.54 99.98 102.48 Year 1 Bl-weekly 6.897 7,070 7,246 7,427 7.613 7,803 7,998 8,198 Monthly 14,943 15.318 15.701 16.092 16,494 16.907 17.330 17,763 Annual 179,317 183,810 188,406 193,107 197,933 202,883 207,958 213,158 Assistant City Manager E 69 Hourly 88.37 90.58 92.84 95.16 97.54 99.98 102.48 105.04 Year 2 Bi-weekly 7,070 7.246 7,427 7,613 7,803 7,998 8,198 8,403 Monthly 15,318 15,701 16,092 16.494 16,907 17,330 18,207 Annual 183,810 193,107 197,933
Assistant City Manager E 70 Hourly 90.58 92.84 95.16 97.54 Year3 Bi-weekly 7.246 7,427 7,613 7,803
Monthly 15,701 16,092 16,494 16,907
Annual 188,406 193,107 197,933 202,883
Convnunity Services Director E 60 Hourly 70.76 72.53 74.34 76.20 Year 1 Bi-weekly 5.661 5,802 5,947 6,096 6,249 6,405
Monthly 12,265 12,572 12,886 13,208 13,539 13,877
Annual 147,181 150,862 154,627 158,496 162,469 166,525
. . .. Convnunity Services Director E 61 Hourly 72.53 74.34 76.20 78.11 80.06 82.06 Year 2 Bl-weekly 5.802 5.947 6.096 6,249 6,405 6.565
Monthly 12,572 12.886 13,208 13,539 13.877 14,224
Annual 150,862 154,627 158,496 162,469 166,525 170,685
. . .. Convnunity Services Director E 62 Hourly 74.34 76.20 78.11 80.06 82.06 84.11 Year3 Bi-weekly 5,947 6,096 6,249 6,405 6,565 6,729
Monthly 12,886 13,208 13,539 13,877 14,224 14,579
Annual 154,627 158,496 162,469 166,525 170,685 174.949
Finance Director E 63 Hourly 76.20 78.11 80.06 82.06 84.11 86.21 Year 1 Bi-weekly 6,096 6,249 6,405 6,565 6,729 6,897
Monthly 13,208 13,539 13,877 14,224 14,579 14,943
Annual 158,496 162,469 166,525 170,685 174,949 179,317
Finance Director E 64 Hourly 78.11 80.06 82.06 84.11 86.21 88.37 Year 2 Bi-weekly 6,249 6,405 6,565 6.729 6,897 7,070
Monthly 13,539 13,877 14,224 14,579 14,943 15,318
Annual 162,469 166,525 170,685 174,949 179,317 183,810
Finance Director E 65 Hourly 80.06 82.06 84.11 86.21 88.37 90.58 Year3 Bi-weekly 6,405 6.565 6,729 6.897 7,070 7,246
Monthly 13,877 14,224 14,579 14,943 15,318 15,701
Annual 166,525 170,685 174,949 179,317 183,810 188,406
Fire Chief E 70 H01Xly 90.58 92.84 95.16 97.54 99.98 102.48 Year 1 Bi-weekly 7,246 7,427 7,613 7,803 7,998 8,198
Monthly 15,701 16,092 16,494 16,907 17,330 17,763
Annual 188,406 193,107 197,933 202,883 207,958 213,158
. . .. Fire Chief E 71 Hourly 92.84 95.16 97.54 99.98 102.48 105.04 Year2 Bi-weekly 7.427 7,613 7,803 7,998 8,198 8,403
Monthly 16,092 16,494 16,907 17,330 17,763 18,207
Annual 193.107 197,933 202,883 207,958 213,158 218,483
Fire Chief E 72 Hourly 95.16 97.54 99.98 102.48 105.04 107.67 110.36 113.12 115.95 118.85 Year3 Bi-weekly 7,613 7.803 7,998 8,198 8.403 8,614 8.829 9,050 9,276 9,508 Monthly 16,494 16,907 17,330 17,763 18.207 18,663 19,129 19,608 20.098 20,601 Annual 197,933 202,883 207,958 213,158 218,483 223,954 229.549 235,290 241 ,176 247,208 City of Avalon
Master Classlffcatlon and Salary Schedule
MOU - Management
Harbor Master
Year 1
Harbor Master
Year2
Harbor Master
Year3
Human Resources Director
Year 1
Human Resources Director
Year2
Human Resources Director
Year3
Planning Director
Year 1
Planning Director
Year2
Planning Director
Year3
Public Works Director
Year 1
Public Works Director
Year2
Public Works Director
Year3
E
E
E
E
E
E
E
E
E
E
E
E
66 68
70 55
56 57
63 64
65 63
64 65
• • I I
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual
Hourly
Bi-weekly
Monthly
Annual

82.06 84.11 86.21 88.37 90.58 92.84 95.16 97.54 99.98 102.48 6,565 6,729 6,897 7,070 7,246 7,427 7,613 7,803 7,998 8,198 14,224 14,579 14,943 15,318 15,701 16,092 16,494 16,907 17,330 17,763 170,685 174,949 179,317 183,810 188,406 193,107 197,933 202,883 207,958 213,158

86.21 6,897
14,943
179,317

88.37 7,070
15,318
183,810

90.58 7,246
15,701
188,406
95,16
7,613

92.84 7,427
16,092

97.54 7,803

90.58 7,246
15,701

92.84 7,427
16,092 16,494 16,907
188,406 193,107 197,933 202,883

62.55 64.11 65.71
5,004 5,129 5,257
10,842 11 ,112 11 ,390
130,104 133,349 136,677

64.11 65.71 67.35

67.35 5,388
11 ,674
140,088

69.03 5,129 5,257 5.388 5,522
11,112 11 ,390 11 ,674 11 ,965
133,349 136,677 140,088 143,582

65.71 5,257

67.35 5,388

69.03 5,522

70.76 5,661

95.16 7,613
16,494
197,933

99.98 7,998

97.54 7,803
16,907
202,883
102.48
8,198
17,330 17,763
207,958 213,158

69.03 70.76

5.522 5,661
11 ,965 12,265
143,582 147,181

70.76 72.53

99.98 7,998
17,330
207.958
105.04
8,403
18,207
218,483

72.53 5,802
12,572
150,862

74.34 102.48
8,198
17,763
107.67
8,614
18,663
223,954

74.34 5,947
12,886
154,627

76.20 5,661 5,802 5,947 6,096
12,265 12,572 12,886 13,208
147,181 150,862 154,627 158,496

72.53 5,802

74.34 5,947

76.20 6,096

78.11 6,249
105.04

8.403
18,207
110.36
8,829
19,129
229,549

76.20 107.67
8,614
18,663
223,954
113.12
9,050
19,608
235,290

78.11 6,096 6,249
13,208 13,539
158,496 162,469

78.11 80.06
6,249 6,405
13,539 13,877
162,469 166,525

80.06 6,405

82.06 6,565
11 ,390 11 ,674 11 ,965 12,265 12,572 12,886 13,208 13,539 13,877 14,224 136,677 140,088 143.582 147,181 150,862 154,627 158,496 162,469 166,525 170.685

76.20 6,096
13,208

78.11 6,249
13,539

80.06 6,405
13,877

82.06 6.565
14,224

84.11 6.729
14,579

86.21 6,897
14,943

88.37 7,070
15,318

90.58 7,246
15,701

92.84 7,427
16,092

95.16 7,613
16,494
158,496 162,469 166,525 170,685 174,949 179,317 183,810 188,406 193,107 197,933

78.11 6,249
13,539

80.06 6,405
13,877

82.06 6,565
14,224

84.11 6,729
14,579

86.21 6.897
14,943

88.37 7,070
15,318

90.58 7,246
15,701

92.84 7,427
16,092

95.16 7,613
16,494

97.54 7,803
16,907
162,469 166,525 170,685 174,949 179,317 183,810 188,406 193,107 197,933 202,883

80.06 82.06 84.11 86.21 88.37 90.58 92.84 95.16 97.54 99.98 6,405 6,565 6,729 6,897 7,070 7,246 7,427 7,613 7,803 7,998 13,877 14,224 14,579 14,943 15,318 15,701 16,092 16,494 16,907 17,330 166,525 170,685 174,949 179,317 183,810 188,406 193,107 197,933 202,883 207,958

76.20 6,096
13,208
158,496

78.11 6,249

78.11 6,249
13,539
162,469

80.06 6,405

80.06 6,405
13,877
166,525

82.06 6,565

82.06 6,565
14,224
170,685

84.11 6,729

84.11 6,729
14,579
174,949

86.21 6,897

86.21 6,897
14,943
179,317

88.37 7,070

88.37 7.070
15,318
183,810

90.58 7,246
90,58
7,246
15,701
188,406

92.84 7,427
92,84

7.427
16,092
193,107

95.16 7,613

95.16 7,613
16,494
197,933
97,54
7,803
13,539 13.877 14,224 14,579 14,943 15,318 15,701 16,092 16,494 16,907 162,469 166,525 170,685 174,949 179,317 183,810 188,406 193,107 197,933 202,883

80.06 6,405
13,877
166,525

82.06 6.565
14,224
170,685

84.11 6.729
14,579
174,949

86.21 6,897
14,943
179,317

88.37 90.58
7,070 7,246
15,318 15,701
183,810 188,406

92.84 7,427
16,092
193,107

95.16 97.54
7,613 7,803
16,494 16,907
197.933 202,883

99.98 7,998
17,330
207.958