Calexico City Council
July 30, 2025

AGENDA
ITEM
5 AGENDA
CALEXICO California ITEM

WHERE CALIFORNIA AND MEXICO MEET
5 CITY COUNCIL

AGENDA STAFF REPORT
DATE: July 30, 2025
TO: Mayor and City Council
APPROVED BY: Benjamin Martinez, City Manager
PREPARED BY: Karla Chaparro, Finance Director Ye
SUBJECT: Approval of a Side Letter to the Certified Operators/SEIU Local 221 Memorandum of Understanding (MOU) for the period of July 1, 2024, to June 30, 2025, and retroactive to July 1, 2002, to address and ensure compliance with internal audit findings identified by the CaPERS Office of Audit Services.

Recommendation:

It is recommended that the City Council approve a Side Letter to the Certified Operators/SEIU Local 221 Memorandum of Understanding (MOU) for the period of July 1, 2024, to June 30, 2025, and retroactive to July 1, 2002. This action is intended to address and comply with internal audit findings identified by the CaPERS Office of Audit Services.

Background:

The Office of Audit Services (OFAS), a division of CaPERS, conducted an Employer Compliance Review (ECR) of employer records and a sample of employee records for the period of July 1, 2021, through June 30, 2023. The purpose of this audit was to determine whether the City of Calexico properly reported Educational Incentive Pay for classic members in accordance with Government Code (GC) Section 20636 and Title 2 of the California Code of Regulations (CCR) Section 571.

Discussion and Analysis:

The Employer Compliance Review (ECR) conducted by the Office of Audit Services (OFAS) was completed on May 9, 2024. This review identified areas in which the City is not in compliance with the Public Employees' Retirement Law (PERL), resulting in a violation of its contract with CaPERS.

One area of non-compliance, referred to as Observation 1, states: "Written Labor Policy Not in Compliance - Conditions for Payment Referenced to Another Document." This finding indicates that the City's labor policies related to Educational Incentive Pay do not fully comply with CaPERS reporting requirements because the conditions for payment are outlined in a separate document rather than explicitly stated in the applicable Memorandum of Understanding (MOU) or labor agreement.

More specifically, this finding pertains to Article 5, Section 11 (Pages 7-8) of the most current Memorandum of Understanding (MOU) between the City of Calexico and the Certified Operators/SEIU 1 Local 221 for the term July 1, 2024, to June 30, 2025 (Attachment A). This section states: "Any unit member receiving a stipend for college units (either 2.5, 5, or 7.5%), under an MOU effective prior to October 1, 2002, will continue to receive that stipend during his/her employment in the bargaining unit, until he/she qualifies for a higher stipend under this provision." The Office of Audit Services (OFAS) has requested that the City incorporates the specific language regarding Education Incentive Pay from the Memorandum of Understanding (MOU) between the City of Calexico and the Water/Wastewater Certified Operators Association for the term July 1, 2002, to June 30, 2005 (Attachment B). This document explicitly on Pages 4-5, Article 5, Section 11, defines an employee's eligibility for Educational Incentive Pay based on the completion of college units as follows:
• A salary increase of 22% upon completion of 30 college units • A salary increase of 5% upon completion of 60 college units • A salary increase of 7½% upon completion of 90 college units Another area of non-compliance, identified as Observation 3, states: "Not Correctly Reported - Incorrectly Calculated." This finding indicates that the applicable Memorandum of Understanding (MOU) does not include the full terms and conditions for calculating Education Incentive compensation for all eligible employees. CaPERS requires that all individual components used in such calculations be explicitly identified in the MOU or labor agreement.

This finding also specifically pertains to Article 5, Section 11 (pages 7-8) of the current Memorandum of Understanding (MOU) between the City of Calexico and the Certified Operators/SEIU Local 221, covering the term July 1, 2024, through June 30, 2025 (Attachment A). To bring this section into compliance and ensure alignment with CaPERS reporting requirements, the Office of Audit Services (OFAS) has requested that the language be revised to state: "All education incentive pay shall be calculated using an employee's base pay rate plus the hourly equivalent of any applicable Shift Differential as described under Article 5, Section 7 (Page 7) of this MOU".

To resolve the findings and incorporate the required language, a Side Letter must be adopted with a retroactive effective date of July 1, 2002. To prevent future instances of noncompliance, this language will also be included in all future labor agreements within the bargaining unit. This amendment ensures compliance with both Observation 1 and Observation 3 and fully resolves the issues identified by CaPERS. It is important to note that this is strictly a procedural measure to satisfy CaPERS' audit requirements and does not affect existing salaries or employee benefits.

Conclusion:
of Understanding (MOU) between the City of Calexico and the Certified Operators/SEIU Local 221 for the term of July 1, 2024, through June 30, 2025, and will be incorporated into all future Memoranda of Understanding (MOU's) for this bargaining unit. This amendment incorporates the necessary language to ensure compliance with CaPERS requirements under Observations 1 and 3 and fully resolves the issues identified in the audit.

Fiscal Impact:

None.

Coordinated With:

City Attorney's Office
Certified Operators/SEIU Local 221 Representatives
Attachments:

A. Memorandum of Understanding between the City of Calexico and the Certified Operators/SEIU Local 221 for the term July 1, 2024, to June 30, 2025
B. Memorandum of Understanding between the City of Calexico and Water/Wastewater Certified Operators Association for the term July 1, 2002, to June 30, 2005 C. Side Letter By and Between Certified Operators/SEIU Local 221 and the City of Calexico

ATTACHMENT A
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223

MIEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CALEXICO AND CERTIFIED OPERATORS/SEIU LOCAL 221
July 1, 2024 to June 30, 2025
This Memorandum of Understanding (hereinafter "MOU" or "Agreement") is entered into by and between the City of Calexico (hereinafter, "City") and the Certified Operators/Service Employees International Union Local 221, CTW, CLC (hereinafter, "Union") for the period of July 1, 2024 through June 30, 2025.

TABLE OF CONTENTS

ARTICLE PAGE
Article 1.0 Recognition and Status of Agreement 1.

Article 2.0 Management Right 1.

Article 3.0 Employee and Union Rights 1
Article 4.0 Work Schedules 5
Article 5.0 Compensation and Overtime Pay
Article 6.0 Resignation and Discipline 9
Article 7.0 Grievance Procedure 10
Article 8.0 Holidays 13
Article 9,0 Sick Leave 14
Article 10,0 Vacation 15
Article 11.0 Other Leaves 15
Article 12,0 Health Benefits
Article 13.0 Retirement 18
Article 14.0 New Employee Benefits 19
Article 15,0 Union Dues Deduction 19
Article 16.0 Probation and Training. 19
Article 17.0 Mandatory Bargaining Sessions Prior to Expiration of Contract 20 Article 18.0 Labor Management Committee 20
Article 19.0 Savings, Zipper, Duration 21.

Docusign Envelope ID: E0619140-06AG-4B29-BB30-D8CD58904223 ARTICLE 1 - RECOGNITION AND STATUS OF AGREEIENT
Section 1 - Recognition: The City formally recognizes the Union as the exclusive bargaining agent for the Water/Wastewater Certified Operators (hereinafter, "bargaining classifications: Chief Water Plant Operator-Treatment; Chief Water Plant Operator- Operator-Operations; Chief
Wastewater Treatment Plant Operator-Collections; Water Treatment Plant Lead Operator; Water Treatment Plant Operator; Wastewater Plant Operator; Lead Water Distribution Operator; Water Distribution Operator; Wastewater Plant Operator, Laboratory Technician, and Collections Systems Maintenance Operator.

Section 2 - Ratification and Approval: This MOU is of no force or effect until ratified and approved by the Union membership and by the City Council through a duly-adopted Resolution. Upon ratification, this MOU shall be the sole agreement of the parties thereto and shall supersede all prior agreements whether written or oral. Prior to ratification of this MOU by both parties, the MOU previously in place shall govern any matters.

However, after ratification of this MOU by both parties, this shall govern all matters herein described.
of the City of Calexico Pertaining to Employer-Employee Relations for the City of Calexico," dated July 7, 1970.

Section 4 - Rules and Regulations: All bargaining unit members shall be subject to the City's Personnel Rules and Regulations. Following ratification of this Agreement, the parties agree to meet and confer regarding any changes to the City's Personnel Rules and Regulations impacting wages, hours, or other terms and conditions of employment.

No amendment to the Personnel Rules and Regulations shall amend or modify any provision found in this MOU, except where necessary to comply with federal, state, or local law. No provision of this MOU shall conflict with federal, state, or local law.

ARTICLE 2— MIANAGEMENT RIGHTS
The City possesses the sole right to operate City government and all management rights repose in It, and such rights will be exercised consistently with the provisions of the MOU, Federal and State Laws and Regulation.

ARTICLE 3— EMPLOYEE AND UNION RIGHTS
Section 1 - Negotiation Team: A maximum of four Union representatives shall be allowed time off for all scheduled meetings mutually set between the City and the Union with one representative from each of the following: Water Plant Treatment, Water Plant- Distribution, Wastewater Treatment Plant Operations and Wastewater Treatment Plant Collection.

Certified Operators/SEIU MOU Page 1 of22
Fiscal Year 2024-2025
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 Section 2 - Personnel Files:

A. A separate file for each employee shall be maintained in the Human Resources Department of the City. These files will be made available only to the employee and upon his/her written request. In addition to the employee's personal and vital statistical data, resume and/or application, the file will contain a copy of the supervisor's evaluation, copies of letters of recommendation or complaints, reports of disciplinary action or reprimand, reports of training, achievement awards for special recognition, and other documents required to be maintained by law. Any files kept by any supervisor of any employee shall not contain any material that is not in the main personnel file. No adverse action of any kind shall be taken against an employee based upon materials which are not in the personnel file.

B. An employee shall be provided with copies of any negative written material within five (5) workdays before it is placed in the employee's personnel file. The employee shall be given an opportunity during working normal working hours, and without loss of pay, to initial and/or sign and date the material, and to prepare a written response to the material. The written response shall be provided to the City/Appointing Authority within five business days after the employee has been provided the copies of the material, and the written response shall be attached to the material.

C. An employee shall have the right at a reasonable time, without loss of pay, to examine and/or obtain copies of any materials from the employee's personnel file. The employee must obtain the approval of his/her immediate supervisor. If an employee finds negative notes or material in the employee's personnel file that was not signed/initialed and dated by the employee and the material has been in the file for less than 1 year the employee will be given the opportunity to review and acknowledge the material. If the negative notes or material have been in the file for 1 year or longer, or is not dated, the material and all copies of such will be removed from all of the employee's files. An employee who does not agree with an item placed in his/her file can sign stating that they don't agree with the content but have seen the document. If they refuse to sign, another manager can be brought in to sign the document witnessing that the employee has seen it and refuses to sign.

D. All personnel files shall be kept in confidence and shall be available for inspection by authorized employees of the City only when actually necessary in the proper administration of the City's affairs or the supervision of the employee. The City shall keep a log indicating the persons who have examined a personnel file, as well as the date such examinations were made. Such log and the employee's personnel file shall be avallable for examination by the employee or his/her Union representative if authorized by the employee. The log shall be maintained in the employee's personnel file.

E. Upon written request from the employee all written warnings and reprimands or copies thereof, will be removed from the employee's offical personnel file and any supervisor's working file after the time limits described in Appendix C; minor offenses removed within 12 months; major offenses removed after 18 months.

Certified Operators/SEIU MOU
Fiscal Ycar 2024-2025 Poge 2 of 22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 Section 3 - Weetings: The City or the Union may call for a meeting at a reasonable time, date, and place regarding any matter of concern in the interest of maintaining good employer-employee relations.

Section 4 - Non-Discrimination: Neither the City nor the Union shall discriminate or retaliate against any employee covered by the MOU on the basis of race, color, sex, religion, national origin, sexual orientation, age, physical handicap, disability, genetic information, polltical affiliation, as well as any other category protected by federal, state, or local laws, or for exercising any employee rights contained in this MOU or the law. The parties recognize the right of employees to form, join and participate in lawful activities of employee organizations, and the equal and alternative right of employees to refuse to form, join or participate in employee organization activity. The Cily and the Union agree that no employee hereunder will be coerced, retaliated, or discriminated against because of membership in the Union or because of lawful activity or inactivity on behalf of the Union.

Section 5 -... Bulletin Board: A bulletin board accessible at each job site for posting of notices to employees will be provided by the Cily at each work site and will be marked "SEIU/CERTIFIED OPERATORS."
Section 6-- Documentation: The Union shall have the right at reasonable times to review and/or receive any documents required for Meyers-Milias-Brown Act purposes in the City's possession. The City shall provide the Union each year with a list of employees within the bargaining unit, their designated work sites, positions/classifications, and salary. The Union shall provide the City with the name and contact information for the Union President each year, and as the information changes.

Section 7 - Union Business:

A. There shall be a reasonable amount of shop stewards appointed in order to facilitate the policing of this MOU. These appointments shall be made by the SEIU Local 221.Union Representative.

B. Stewards, local Union Officers, and employees shall be entitled to seek and obtain assistance from Union staff personnel for the purpose of processing grievances and matters related thereto and other reasons relating to wages, hours and terms and conditions of employment covered by the MOU or the law.

C. Officers of the Union shall receive paid release time, subject to reasonable regulations by the City, in order to conduct proper Union business, such as but not : limited to, bargaining, steward duties, worksite meetings, handling member grievances and discipline meetings and investigations. The maximum of 60 total combined hours may be used as paid release time by Officers each fiscal year subject to the City Manager's discretion to increase this maximum. Each officer using paid release time will notify their immediate supervisor prior to use of any time and will notify the supervisor of their return to work from paid release time.

Officer meetings with management will not count against the maximum paid release time.

Certified Operators/SBIU MOU
Fiscal Year 2024-2025 Page 3 of 22.

Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 D. Officers of the Union include President, Vice President, Secretary, Treasurer and Stewards. The Union shall provide to the City the names of each steward each fiscal year and as the information changes.

Section 8-Use of the facilities: Upon request and without charge, the Union shall be granted the right to use City facilities for lawful Union business. The conditions of such use shall be consistent with applicable law, and permission shall not be unreasonably withheld.

Section 9-Notice Requirements: Notices required by the MOU or by law shall be delivered either by hand or Certified U.S. Mail to the Chapter president and to SEIU Local 221, 4004 Kearny Mesa Road, San Diego, CA 92111. The Union shall provide the name and the contact information for the Chapter President each year and as the information changes.

Section 10 - Orientation: SEIU will be notified of the hiring and orientation of new members and be given the opportunity to meet with new members during the Cities orientation process. SElU will be notified of the hiring and orientation of new bargaining unit members ten (10) days before the new employee's first day of employment. SEIU will be given the opportunity to meet with new members during a one (1) hour session, conducted by the Union, either during the Cities orientation process, or during regular working hours and onsite, without loss in compensation. The Union will distribute to each new employee entering the unit information together with an orientation packet that will be supplied by the Union.

Union designees), including, but not limited to, Authorized Union representative(s), officers, stewards, and members, shall conduct the sessions covered under this Agreement. The City will grant release time without loss in compensation for one employee to serve as a union designee for purposes of the meeting with the new employees.

Section 11 - Employee Information Listing: The City shall provide the Union with a complete and current listing of all employees in the bargaining unit. Such listing shall include employee name, job classification, work location, department, work phone, hiring clate, the employee's personal emall, personal cellular telephone number, and home address within 30 days of the date of hire or by the first pay period of the month following hire, The listing will be organized by work location. The City shall provide the Union with a list of the information for all employees in the bargaining unit at least every 120 days.

Section 12 - Neutrality:

A. The Cities representatives shall be absent from the room during any sessions, meetings, or trainings, conducted by the Union, with newly hired employees.

B. Consistent with Government Code section 3550, which states a public employer shall not deter or discourage public employees or applicants to be public Certified Operators/SEIU MOU
Fiscal Year 2024-2025 Page 4 ol 22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 employees from becoming or remaining members of an employee organization, or from authorizing representation by an employee organization, or from authorizing dues or fee deductions to an employee organization, the Cities representatives shall refrain from any discussion, mention, written, verbal, or other communication with bargaining unit employees that would, in any way, disparage the Union or Intimidate bargaining unit employees from joining or participating with the Union.

City representatives shall refrain from any mention of who can and cannot join or participate in with the Union with the sole exception of distinguishing bargaining unit employees from non-represented units. Further, the City shall not make any announcement about whether bargaining unit employees are required to stay for the Union's one (1) hour presentation, nor schedule any aclivity in connection with the onboarding session that occurs at the same time as the Union's presentation.

ARTICLE 4- WORK SCHEDULES
Section 1 - Work Shift: The twelve (12) hour shift shall remain as past practice for Water Plant Operators; said shift shall consist of seven (7) days on, seven (7) days off.

The first shift is from 6:00 a.m. to 6:00 p.m. The second shift is from 6:00 p.m. to 6:00 a.M.

Section 2-Rest Breaks: Two 15-minute rest breaks shall be granted to employees each 8-hour workday and shall be scheduled at or about midpoint between the start of the shift and the meal period, and midpoint between the meal period and the end of the work shift.

Section 3 - Meal Periods: All employees shall be entitled to a minimum 30-minute uninterrupted and duty-free lunch period, which shall be scheduled at or about the midpoint between the start of the shift and the end of work shift.

If the Employee's unpaid meal period is interrupted with supervisor approved work related purposes, the employee will receive comp time at the rate of 1½ times for the portion of the meal that was interrupted.

Section 4- End of Shift: Bargaining unit members shall be permitted to use the last fifteen (15) minutes of their shift to wash up and change out of their uniforms.

Section 5 - Changes in Shift Assignment: The City shall not change working hours or shift assignments of employees or positions except for lawful purposes in the exercise of Its management rights.

When changes to an employee's shift or days off occur due to a permanent reassignment, the employee will be given as much notice as possible to make the necessary arrangements for the adjustment when possible. Such notice will be in writing fifteen (15) calendar days prior to the permanent reassignment.

Temporary assignments will not be used for more than 45 days and will not be used to circumvent assigned work schedules.

Certified Operators/SEIU MOU
Fiscal Year 2024-2025 Page 5 of 22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 ARTICLE 5- COMPENSATION AND OVERTIME PAY
Section 1 - Work Week: The Cily's work week begins Wednesday at 12:00 am. and ends on 11:59 p.m. Tuesday.

Section 2 - FLSA Overtime Pay: The City uses a 40-hour work week standard to calculate FLSA overtime pay for Waste/Water Plant Operators. FLSA overtime pay is compensated at 1.5 times the employee's regular hourly rate of pay.

Section 3 - Compensatory Time Off: The City may compensate bargaining unit members with 240 hours of compensatory time off (CTO), in lieu of cash overtime, at a rate of 1.5 hours for each hour of FLSA overtime worked. Once a unit member accrues 240 hours of CTO, the City shall pay overtime compensation in cash. The City shall not unreasonably deny a bargaining unit member the use of CTO.

Section 4 - Standby Time: Standby time shall be that period other than regularly scheduled working time during which an employee is on standby to receive calls for emergency water service. A bargaining unit member who is assigned to stand by status will be paid the equivalent of eighteen (18) hours at the bargaining unit member's regular rate of pay for every seven (7) days that the employee is on standby. (whether or not he/she is actually called out for work during that workweek). In addition to any call-out overtime actually worked. The pay will be pro-rated for periods of standby assignments of less than seven (7) days. An employee who is unable to report to work or cannot be located within a reasonable period of time shall forfeit the "standby" pay and shall be removed from "standby" status for the remainder of the week in question. Reasonable time for purpose of this provision is fifteen (15) minutes unless otherwise approved by the Plant supervisor. For purposes of this section, an employee who is on "standby" shall, in the event of an illness or emergency, notify the applicable supervisor as soon as possible, A maximum of eighteen (18) hours of standby pay maybe paid to any combination of employees every seven days.

An employee required to be on standby on a contract Holiday will receive six extra hours comp time in addition to the standard standby pay.

Section 5 - Call-back Pay: A bargaining unit member who has been released from duty and has left the work premises shall, if he/she is called back to duty, be paid a minimum of two (2) hours. If the actual time traveling to and working a call-back to duty exceeds two (2) hours, the employee is entitled to receive pay for actual time. The first hour of a call is paid at double time. Call-back time actually worked after the first hour is paid at 1.5 time. Travel time shall be compensated accordingly only if travel time is within the County of Imperial.

Section 6 - Out of Class Pay: An employee shall be compensated an additional ten dollars ($10) per day for each day he/she is assigned in writing to work out of class beginning with the first day. Working out of class is when an employee is performing the full range of duties and responsibilities allocated to an existing classification that the employee is not currently appointed to.

Certified Operators/SEIU MOU
Fiscal Year 2024-2025 Page 6 oГ22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 Section 7 - Night Differential: The Cily agrees to the following night differential pay of

7.5 percent per shift for the 6 p.m. to 6 a.m. shift. A bargaining unit member who replaces an operator who is on vacation or sick leave will be paid night differential pay.

Section 8 — Uniforms: Bargaining unit members shall be allowed one uniform per day supplied by the City and an annual shoe reimbursement up to $250. The City agrees to reimburse each member up to $250 per fiscal year for the purchase of safety boots provided the member submits receipts) for the boots purchased. Safely boots reimbursement shall be paid within a reasonable period of time from when the member submits the receipts.

Section 9 - Longevity Pay:

Longevity Pay is not available to any employee hired or re-hired on or after September 1, 2017. For bargaining unit members hired before September 1, 2017, Longevity Pay will be paid on the following schedule: $20.00 per month for five (5) years of continuous service; an additional $30.00 per month for ten (10) years of continuous service; an additional $40 per month for fifteen (15) years of continuous service; an additional $50 per month for twenty (20) years of continuous service; and, finally an additional $60 per month for twenty five (25) or more years of continuous service. All existing employees shall be entitled to receive longevity pay until their employment with the City of Calexico is terminated.

Section 10 — Ilerit Pay Increases:

Employees shall be hired at Step 1 of the salary schedule and will move to higher steps based upon merit in the following manner:

To Time Merit Evaluation
Step 1 Step 2 9 months "Standard" or better
Step 2 Step 3 1 year "Standard" or better
Step 4 1 year "Standard" or better
Step 3
Step 4 Step 5 1 year "Standard" or better
"Standard" = 71% or better
Fallure of the City to issue a timely Merlt Evaluation on a form, prior to the anniversary date, mutually agreed to between the City and the Union, shall be treated as a "Standard" evaluation and shall cause the employee to be awarded the appropriate step increase.

Section 11 - Professional Development Program: For bargaining unit members who were hired prior to January 1, 2012, the member not on initial hire probation shall be paid for all college degrees earned from an accredited institution of higher education, pursuant to the following education incentive pay (an employee transferring from another City department shall be considered an initial hire for the purposes of this section).

Certified Operators/SEIU MOU
Fiscal Year 2024-2025 Pagc 7 of 22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 Tuition reimbursement will be available to bargaining unit members hired prior to January 1, 2012, providing that the tuition reimbursement procedure is followed in accordance with the policy, and the department can sustain the expense.

A. A salary adjustment of five percent (5%) upon completion of an AA or AS degree with a grade of "C" or better (but no unit member will receive more than one salary increase under this provision);
B. If the unit member previously received a salary increase of 5% upon completion of an AA or AS degree, the unit member shall receive a salary adjustment of 5% upon completion of a BA or BS degree (but no unit member will receive more than one salary increase under this provision). If the unit member did not previously receive a salary increase upon completion of an AA or AS degree, the unit member shall receive a salary increase of 10% upon completion of a BA or BS degree (but no unit member will receive more than one salary increase under this provision).

No unit member shall receive more than a total salary adjustment of ten percent (10 %) under this section during the member's employment with the City. This provision shall apply only to unit members hired prior to January 1, 2012.

Any unit member receiving a salary adjustment for college units (either 2.5, 5 or 7.5 percent), under an MOU effective prior to October 1, 2002, will continue to receive that salary adjustment during his/her employment in the bargaining unit, until he/she qualifies for a higher salary adjustment under this provision. A unit member recelving five percent (5%) salary adjustment for units under a former MOU will, upon qualifying for an AA or AS degree salary adjustment, receive only one such salary adjustment, as all salary adjustments are non-cumulative.

All unit members hired on or after January 1, 2012, shall not receive any benefits under this section.

Under this Professional Development Program, eligibility for the above-described salary adjustments are subject to the following conditions: (1) The employees interested in career advancement shall submit a request describing the educational opportunities to their department heads for review and consideration. The request must be job related and specific to the employee's position and department. (2) If the department head finds that the educational opportunity or degree obtained is specific to the employee's position with the City, then the department head will grant the applicable salary adjustment.

Section 12 - Wembership Dues: The City agrees to pay membership dues and certificate renewals for certified water/wastewater operators.

Section 13 - Increased Certification Grade:

A. Upon attaining a higher Treatment Operator certification, but no more than two higher certifications from the minimum certifications required for the position, Certified Operators/SEIU MOU
Fiscal Yenr 2024-2025 Page 8 of 22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-DBCD58904223 from the State of California, all bargaining unit member shall be advanced to the appropriate range, salary adjustment equal to 5% of base salary, up to 10%, for that level of classification, for so long as the employee maintains the valid higher certification. This will not result in a reclassification or promotion.

Upon attaining a Distribution, Lab Technician, or Collection certificate from the State of California, or the California Water and Environment Association (WEA and required by the Department, a bargaining unit member will be paid a salary position so long as the employee maintains the valid certification. This will not result in a reclassification or promotion.

At no time will any member receive more than 10% regardless of the number of dual or cross certifications.

Section 14 - Cost of Living Increases:

The following cost of living salary increases shall be provided for the duration of the term of this MOU to all bargaining unit members:

A. The City shall pay a 4% salary increase retroactive to July 1, 2024 in recognition of fiscal year 23/24 and a 5% salary increase retroactive to July 1, 2024(a total of 9% retroactive to July 1, 2024), to all bargaining unit members.

B. In addition, each employee shall receive a one-time, non-PERSable signing bonus of $1,000, to be paid in the first full pay period following ratification of this agreement.

Section 15- Laboratory Technician Equity Adjustment and Reclassification:

A. Equity Adjustment: The Laboratory Technician position will receive an equity adjustment of 5% retroactive to July 1, 2023 through June 30, 2024, at which time the equity adjustment will end with the reclassification of the position as described below.

B. Reclassification: Effective July 1, 2024, a Laboratory Technician II position will be created and the current incumbent in the Laboratory Technician position will be reclassified to a Laboratory Technician Il at Salary Range O- 16 and placed at Step 4. The Laboratory Technician will be reclassified as a Laboratory Technician I at Salary Range O-13 and will be frozen and not filled. This resolves the issue of the current request for reclassification of the Laboratory Technician.

ARTICLE 6- RESIGNATION AND DISCIPLINE
Section 1 - Resignation: A bargaining unit member may voluntarily separate from City employment. A month's notice of intended separation is desired so that management may Certified Operators/SEIU MOU
Fiscal Year 2024-2025 Pago 9 of 22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 have sufficient time to obtain a necessary replacement, and a minimum of two (2) full weeks is strongly recommended
Section 2 - Disciplinary Action: The department head may discipline any bargaining unit member, for just and valid cause. However, due and careful consideration will be given to all facts surrounding the reason for discipline before the final action is taken. A bargaining unit member shall receive written pre-disciplinary notice of the facts and charges in any proposed disciplinary action that involves a loss of pay.

Section 3 - Appeal of Disciplinary Action: A bargaining unit member has the right to appeal discipline that involves a loss of pay to the Personnel Commission pursuant to Municipal Code Chapter 2.20. A final, written notice of discipline will inform or remind the bargaining unit member of this right.

Section 4 - Exit Interview: The department head will coordinate with the Human Resources Department regarding an exit interview, with adequate lead-time, with any bargaining unit member who is separating from City service. Any bargaining unit member leaving City employment shall clear any and all outstanding obligations to the City through communication with the Finance Officer before the final paycheck shall be issued.

ARTICLE 7 - GRIEVANCE PROCEDURE
Section 1 - Purpose: This Article is intended to provide the means for employees, recognized employee organizations, and management to resolve grievances in an orderly manner within a reasonable time period; and to administer employer-employee relations through uniform and orderly methods of communications between employees and management.

Section 2 - Policy:

A. Any bargaining unit member has the right to file a grievance without fear, intimidation, or coercion from any party;
B. Any bargaining unit member may represent him/herself or request the assistance of a Union Representative or Steward at any or all steps in the grievance procedure up to Advisory Arbitration;
C. Grievances may be initiated by the employee, or the Unlon; D. The bargaining unit member's or Union's first contact regarding job and working conditions is with the immediate supervisor and the supervisor shall attempt to settle grievances informally at that level;
E. The Immediate supervisor is responsible for informing employees about job requirements, personnel policies, and the work unit's relationship to the division, department, and the City as a whole;
F. A grievant and steward (if selected) may attend a grievance meeting with a Certifiod Operators/SEIU MOU
Fiscal Year 2024-2025 Page 10 of 22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 supervisor on his/her own behalf without loss of pay. A steward and/or Union Representative may represent him/her at such grievance meeting without loss of pay.

Section 3 - Definition:

A grievance is a claim, charge or dispute involving the following:

A. The interpretation or application of any City rules, regulations, ordinance, or resolution affecting an employee's wages, hours, or conditions of work; or B. The interpretation or application of the provisions of this MOU.

C. Notwithstanding subsections (A) and (B) above, a grievance does not include any challenge to a disciplinary action.

Section 4 - Informal Grievance Procedure: The informal complaint procedure shall be used before the formal grievance procedure. The grievant shall discuss his/her complaint with his/her immediate supervisor no later than ten (10) working days after the occurrence of the incident causing the grievance. If the immediate supervisor fails to reply within five (5) working days, or the grievant determines he/she is not satisfied with any decision within five (5) working days after receiving it, the grievant may utilize the formal grievance procedure.

Section 5 - Formal Grievance Procedure:

A. The formal grievance procedure shall be initiated not later than ten (10) days after the discussion with the immediate supervisor in the informal procedure.

B. The formal grievance shall be initiated by the filing of a written grievance, within the time period set forth above, on a form provided for this purpose. The form shall contain:

1. Name of Grievant

2. Class Title

3. Department

4. Grievant's mailing address

5. A clear statement of the nature of the grievance citing applicable ordinance, rules, regulations, or action

6. The date upon which such grievance occurred

7. The action taken as a result of the informal complaint procedure

8. A proposed solution to the grievance

9. Date of execution of the grievance form
Signature of the grievant

11. The name of the organization or individual, if any, representing the grievant.

The following steps are to be used to resolve the formal grievance:

Step 1. The written grievance shall be filed and presented to the second-level supervisor, who shall investigate the grievance and shall confer with the Certified Operators/SEIU MOU
Fiscal Yemr 2024-2025 Page 11 of 22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 grievant, his/her representative, and any other employee or employees in an attempt to resolve the grievance. Within ten (10) working days after the written grievance is first submitted to second- level supervisor, said second-level supervisor shall make and file a decision in writing with the grievant, his/her representative and the Human Resources Department.

Step 2. If the issue is not resolved in Step 1, said grievance shall be filed with the department head, and grievant, his/her representative, within not more than ten (10) working days from the receipt of the supervisor's response. A copy of such request shall be delivered to the Human Resources Department. Within ten (10) working days after the written grievance is submitted to the department head, the department head shall make and file a decision in writing with the grievant, his/her representative, and the Human Resources Department.

Step 3. If the department head does not resolve the grievance to the satisfaction of the grievant, the grievant may, within not more than ten (10) working days from receipt of the department head's decision, request in writing that the City Manager or his/her designee consider the grievance. A copy of the request filed by the grievant shall be submitted to the Human Resources Department.

Vithin ten (10) working days after such request, the City Manager or designer hall investigate the grievance confer with the persons affected and the grievant's representative, and seek through a meeting of the parties to resolve the matter by agreement between the parties.

Step 4. Advisory Arbitration of Grievances: In the event that the grievance is not resolved by agreement between the parties, the Union may, within thirty (30) calendar days after the meeting in which the parties failed to reach agreement, request that the grievance be heard by an arbitrator. A grievance involving a letter of warning shall not be subject to arbitration.
(a) Selection of Arbitrator: The arbitrator shall be selected by mutual agreement between the City and the grievant or his/her representative. If the City and the grievant or his/her representative are unable to agree on the selection of an arbitrator, they shall jointly request the State Mediation and Concillation Service to submit a list of five qualified arbitrators. The City and the grievant or his/her representative shall then alternately strike names from the list until only one name remains, and that person shall serve as arbitrator.
(b) Duty of Arbitrator: Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by the parties and to thereafter make written findings of fact and a proposed disposition of the grievance which shall be submitted to the City Manager. The decision of the arbitrator shall be based solely on the interpretation of the appropriate provisions of the MOU applicable to the grievance, and he/she shall not add to, subtract from, modify, or disregard any of the terms or provisions of the MOU. The decision of Certified Oporators/SEIU MOU
Fiscal Year 2024-2025 Page 12 oГ22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 the arbitrator shall be advisory to the Cily Manager who shall render a final written decision within ten (10) working days of receipt of the decision of the arbitrator.

The provisions for arbitration are not intended and shall not be construed to empower an arbitrator to change any condition of employment, specifically covered by the MOU, or to revise, modify or alter, in any respect, any provision contained in the MOU.
(c) The City Manager's or designee's decision shall be final and is not subject to appeal.
(d) Payment of Costs: Each parly to a hearing before an arbitrator shall bear his own expenses in connection therewith. All fees and expenses of the arbitrator shall be borne one-half by the Cily and one-half by the grievant.

Section 6 - Time Limits:

A. The time limits of each step may be extended by mutual consent of the parties.

The duration of the extension shall be in writing and signed by both parties involved at the step to be extended.

B. If any grievance is not appealed within the stated time limits, or extensions of any of the above steps, the grievance shall be considered conclusively settled on the basis of the last disposition by appropriate authority. No further City appeal or review is available.

If a supervisor or other appropriate authority fails to furnish a response within the required time limits, or extensions, of any of the above steps, the employee or Union may proceed with the grievance at the next appropriate step.

ARTICLE 8- HOLIDAYS
Section 1 - Authorized Holidays: Authorized holidays are as follows and, except where the best interests of the City so require and except on floating holidays, municipal offices shall be closed on such days:

New Year's Day Thanksgiving Day
Martin Luther King Birthday Day after Thanksgiving
Cesar Chavez Holiday Christmas Day
Memorial Day Day After Christmas
Independence Day January 2nd
Labor Day Admissions Day
Veterans Day President's Day
Two (2) Floating Holidays Juneteenth
Certified Oporators/SEIU MOU
Fiscal Year 2024-2025 Page 13 of22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 If a holiday falls on a Sunday, the following Monday shall be considered a hollday. If a holiday falls on a Saturday, the preceding Friday shall be considered a holiday. Every person who is employed in a permanent full-time position shall be allowed leave of absence with pay for every authorized holiday. Temporary seasonal shall not receive leave of absence pay for holidays. Persons employed on a permanent part-time basis shall be entitled to receive holiday pay at one half the regular rate.

Section 2 - Additional Holidays: Any day declared by the President or Congress of the United States, or the Governor or Legislature of this State as a public fast, thanksgiving, or holiday, shall be considered a paid holiday and subject to the provisions of this MOU.

ARTICLE 9— SICK LEAVE
Section 1 - Sick Leave Regulations:

Every bargaining unit member who has been continuously employed by the City for 180 days, except temporary, seasonal, or part-time employees, shall receive one (1) working day of sick leave with pay for each full month of employment major portion thereof.

Sick leave credit may be accumulated without limitation.

C. If sick leave for illness or injury exceeds three (3) consecutive working days, the employee, prior to returning to work, shall submit a statement from a physician, surgeon or other person practicing a recognized healing art that has been certified by the State of California. The statement shall certify that the employee's physical or mental condition prevented him/her from performing the duties of his/her position during the period of absence. The physician statement requirement described here also applies to a bargaining unit member who takes sick leave of more than three (3) consecutive days to attend to the illness of the member's child, spouse, or parent.

D. The department head shall approve the use of all sick leave.

E. Bargaining unit members employed on a part-time basis shall receive sick leave benefits at one-half the regular rate.
employee's sick leave credit.

Section 2 - Sick Leave - Cash Compensation for Disability: When an employee incurs an on-the-job disability, he/she may request and receive cash compensation in lieu of sick leave to make up the difference between the employee's net salary and the amount Certified Operators/SEIU MOU
Fiscal Year 2024-2025

Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 he/she receives in state compensation insurance benefits while disabled.

Section 3 - Sick Leave • Cash Compensation upon Separation from Employment: Upon separation from City employment, cash compensation shall be paid for accumulated sick leave as follows:

A. Every bargaining unit member who has (wenty (20) to thirty-nine (39) days of accumulated sick leave shall receive one-half (½) of his/her regular monthly base pay.

B. Every bargaining unit member who has forty (40) or more days of accumulated sick leave shall receive his/her monthly base pay for a one-month period.

Section 4. Sick Leave Buy-Back Option: The Cily and the Union agreed to utilize Section 7.07 of the Calexico Personnel Rules and Regulations.

ARTICLE 10-VAGATION
Section 1 - Accrual: Until capped as described in this Article, vacation shall accrue at the following annual rate for full-time bargaining unit members; Length of Continuous Employment Accrual
6 months 1 working day
1 year to 4 years 12 working days
5 years to 9 years 16 working days
10 years to 14 years 18 working days
15 years or more 22 working days
Section 2 - Scheduling: The department head or his or her designee approves vacation leave based on the scheduling and operational needs of the department.

Section 3 - Accumulation: A bargaining unit member ceases earning vacation once he or she accumulates the total number of hours that can be earned in his or her prior two (2) years of service. The total number of hours that can be earned by a member is based on each member's length of continuous employment with the City.

Section 4 - Separation from City: Upon separation from City employment and after passing probation, compensation shall be paid for vacation leave that has been earned but not taken.

ARTICLE 11 -OTHER LEAVES
Section 1 - Unpaid Leave of Absence: A bargaining unit member may be allowed a leave of absence without pay by his/her department head of no more than five (5) working days. A bargaining unit member who has been in the continuous employ of the City for six (6) full months or more, except temporary or seasonal employees, may be allowed a leave of absence without pay for no more than ninety (90) days upon the recommendation of the department head and the approval of the City Manager. While on unpaid leave, a bargaining unit member shall not earn vacation, holiday, or sick leave, and shall pay for Cortified Operators/SEIU MOU
Fiscal Year 2024-202.5 Page 15 of 22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 the full cost of health insurance, including the Cily's cost.

Section 2 - Military Leave: Military leave shall be granted in accordance with the provisions of federal and state law. Every employee entitled to receive the benefits of military leave shall give his/her department head the opportunity, within the limits of military necessity, to determine when such leave shall be taken.

Section 3 - Bereavement Leave: The City agrees to grant three (3) paid days for bereavement leave following the death of the following relatives of an employee:

Father (includes stepfather) Father-in-law
Mother (includes stepmother) Mother-in-law
Sister Sister-in-law
Brother Brother-in-law
Wife Husband
Son (includes stepson) Daughter (includes stepdaughter) Grandfather Grandmother
Son-in-law Daughter-in-law
Grandchildren Aunt
Uncle Cousin
An employee shall be excused from work by the City, upon the employee's request, for an additional two days following the death of a relative as defined herein, on the condition that the employee uses existing vacation leave, sick leave, or other accrued leave time.

ARTICLE 12 - HEALTH BENEFITS
Section 1 — Life Insurance: The City shall provide $50,000 in life insurance coverage and $50,000 for acoidental death and dismemberment for each bargaining unit member:

The City will also provide life insurance in the amount of $2,500 for each bargaining unit member's dependents.

Section 2 - Group Medical/Dental/Vision Insurance:
responsible for 20% of any health benefit premium.

Permanent Part-time Employees Medical Plan: A capitated medical plan is available to permanent part-time employees limited to medical services provided in Mexicali, B.C.

Mexico by Almater Hospital and containing a maximum yearly benefit amount of $15,000.00. The premium of $75.00 per month for this medical plan will be paid ½ by the permanent part-time employee and ½ by the City.

This section also supersedes the Medical Insurance Plan contribution provided for in the Side Letter between the City and the Assocation executed in March of 2014.

Certified Operators/SEIU MOU
Fiscal Year 2024-2025 Page 16 of 22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 Section 3 - Waived Health Insurance Benefit: The City provides a health allowance for those employees who opt out of the health insurance coverage for the following reasons: 1) employee's spouse has a more attractive benefit package through the spouse's employer; and/or 2) employee is married to another City employee. The monthly health allowance is $385,10 for family and $182.24 for single.

Employees may use the health allowance to enhance their dental program or to purchase additional supplemental coverage through contracted medical providers with the City.

Employees will have an opportunity to change their coverage only during open enrollment. If the employee or employee's family experiences a major life change as defined in the city's health insurance plan the employee may change their coverage at that lime.

Section 4 - Employee Cafeteria Plan: The City will offer a flexible benefil plan also known as a "cafeteria" plan available to employees based on the concept of employee choice. Under this plan, employees have the opportunity to individually select the type of benefits and the level of coverage desired from a menu of options offered by the City during the annual open enrollment period.

The City's cafeteria plan will offer pre-tax and after-tax options and is not subject to ERISA.

The only permitted choices of benefits for employees authorized under the Employee Cafeteria Plan are benefits from those providers which have a contractual relationship with the City.

Open Enrollment Period: The City will allow an annual open enrollment period of not less than thirty (30) days for employees prior to the start of the plan year for the next fiscal year, so that employees can choose benefits from the cafeteria plan.

Section 5 - Physical Examinations: The City will provide each bargaining unit member an annual respiratory fitness exam and vaccinations for Hepatitis A, Hepatitis B and Tetanus and diphtheria. The annual respiratory examination along with the Hepatitis A, B, Tetanus and Diphtheria vaccinations shall be conducted during the month of February each calendar year. All vaccinations shall be administered to bargaining unit members through the Imperial County Public Health Department in accordance with the Centers for Disease Control's guidelines.

Section 6 - Retiree Health Plan:

A. The Retiree Health Plan Policy adopted by the City Council on May 18, 1993 outlines the criteria for the retiree health for those hired on or after May 18, 1993.

B. Post-1993 Retiree Health Coverage: Any employee hired on or after May 18, 1993 shall pay a medical contribution based on the current cost of the City's health plan and upon the years of City service upon their retirement from City service. The medical coverage will cap at age 65.

Certificd Operalors/SEIU MOU
Fiscal Year 2024-2025 Page 17 of 22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 C. Pre-1993 Retiree Health Coverage: For those employees who were hired before May 18,1993 and who elect to continue coverage with the City's health plan upon their retirement from Cily service, they shall be entitled to lifetime medical coverage. Cost of the coverage shall be $120.00 a month. At age 65, the City's health plan shall become secondary and Medicare shall be primary, and all claims shall be adjudicated accordingly. Any eligible employee, hired before May 18, 1993, who retires from City service after July 1, 2008 shall have the option of either selecting Pre 1993 Retiree Health Coverage, as described herein, or, in the alternative, if the employee chooses, the employee may elect the Post-1993 Retiree Health Coverage.

D. Employees who are hired after July 1, 2008, shall not be entitled to medical insurance coverage when they retire from City service.

E. Any employee who separates from City service shall be provided with COBRA notification by the City's Third-Party Administrator: The City's Third-Party Administrator shall handle the processing and collecting of retiree health contributions.

F. Any retiree who is three (3) months delinquent from paying retiree health contributions shall be removed from the retiree medical coverage. Any retiree removed from the health plan for non-payment shall not be allowed to re-enroll in the health program. Any retiree who is removed from the health plan for non- payment shall be provided with COBRA notification by the City's third-party administrator.

ARTICLE 13— RETIREMENT
Section 1 - Retirement: Retirement benefits are subject to the Public Employees' Pension Reform Act (PEPRA) and related Public Employees' Retirement Law (PERL). If there is a conflict between this MOU and requirements pursuant to PEPRA and/or PERL, PEPRA and PERL shall prevall.

The City shall continue its contract with the California Public Employee Retirement System CaPERS. The City shall continue to pay its portion of the cost except as provided for in this section.

All unit members other than "new members" as defined by California Government Code section 7522.04(f) shall individually pay 7% of the member contribution required by CaPERS.

Unit members who are "new members" as defined in California Government Code section 7522.04(f), shall be required to pay a PERS contribution in an amount equal to 50% of the normal cost rate, up to a maximum of 8% for the Defined Benefit Plan provided for by PEPRA, in which the new member is enrolled, rounded to the nearest quarter of 1% or the current contribution rate of similarly situated employees, whichever is greater, pursuant to Government Code section 7522.30.

Certified Operators/SEIU MOU
Fiscal Year 2024-2025 Pago 18 ol'22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 This section also supersedes the CaPERS contribution provided for in the Side Letter between the City and the Association executed in March of 2014.

Section 2 - Social Security: All employees shall be responsible for payment of the employee's full share of the Federal Insurance Contribution Act (FICA) tax, which includes Social Security and Medicare, at the contribution limits established by federal law.

ARTICLE 14-NEW EMPLOYEE BENEFITS
The Union and the Cily agree to continue to meet and confer on the issue of benefits for new employees, with the intent that the members of this bargaining unit shall receive comparable benefits to other Cily employees.

ARTICLE 15 - UNION DUES DEDUCTION
Section 1 - Dues Deduction: The City shall deduct from the bi-weekly paycheck of each member of SEIU covered under this MOU, who has signed an appropriate authorization of dues deduction form, membership dues and other deductions as determined by SEIU in accordance with SEIU's by-laws and constitution. SEIU shall provide a written certifled list of employees who have authorized dues, and/or other deductions, and the amounts to be deducted to the City. SEIU shall give written notice of any changes of employee authorizations to the City. SEIU shall also give electronic notice to the City of any change in the dues and/or deduction amounts. Deductions and changes shall begin in the first full pay period after the notice was received. All amounts deducted by the City under this article shall be remitted to SEIU. The City shall also furnish to SEIU a list showing the name of each employee whose dues are included in the remittance and the amount thereof.

Request to authorize dues, or requests to change status regarding such deductions, shall be directed to SEIU rather than the City. The City shall rely on SEIU's certified list, submitted by a representative of SEIU who has authority to bind SEIU, regarding whether an authorization/change in deductions) has been requested by the employee.

Questions regarding starting or changing deductions covered in this section shall be directed to a SEIU representative. The City will not process any change requests that may come directly from an employee in the bargaining unit.

Section 2- Indemnification: SEIU shall indemnify the City for any and all claims made by employees for deductions made in reliance on the certification in accordance with Government Code Section 1157.12(a), as amended.

ARTICLE 16—PROBATION AND TRAINING
Section 1 - Probationary Period:

A. Probationary period will permit both the supervisor and the employee to become acquainted and to determine the adaptabllity and fitness of the employee to the assigned work.

Cortified Operators/SEIU MOU
Fiscal Year 2024-2025 Page 19 of22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 B. All new employees hired on of after January 1, 2003 shall be subject to a probationary period of nine (9) months.

C. Employees promoting from one classification to another shall be subject to a probationary period of nine (9) months in the new classification.

D. All probationary periods will be inventoried every thirty (30) days for the first ninety (90) days, at the end of six months, and annually thereafter.

E. An evaluation assessment will be completed on an as needed basis to try and assist all probationary employees who are not performing to the expected standard. Probationary employees may be terminated after the second inventory assessment if they continue to fail to perform at the expected standard.

Section 2 - Training: The department head is responsible for developing training programs for employees. Such training programs may include lecture courses, demonstrations, assignments of reading materials or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of the bargaining unit members in the performance of their respective duties. The City shall also provide confined space and hazardous materials handling training.

A third-party accredited training institute or academy may also be used from time to time.

The City agrees that it will cover reasonable and appropriate pre-approved costs associated with such training for bargaining unit members. The City has discretion to approve or deny any request for such training. The City will not unreasonably withhold approval where the training is in-state, relevant to member duties, and where the costs and time requirements of such training are reasonable given the City's needs.

ARTICLE 17 - MANDATORY BARGAINING SESSIONS PRIOR TO EXPIRATION OF

CONTRACT
Section 1 - Requirement for Bargaining Sessions: The City of Calexico agrees to schedule and participate in no fewer than six (6) good-faith bargaining sessions with the SEIU Local 221 within the three (3) months preceding the expiration of this Agreement.

Section 2 -- Scheduling and Participation Obligations: Both parties shall make reasonable efforts to schedule and attend the required bargaining sessions at mutually agreed-upon times. The City shall ensure its representatives are fully authorized to negotiate terms and conditions during these sessions. SEIU Local 221 shall provide dates and times for which it is available to meet to ensure compliance with this proposal.

ARTICLE 18-LABOR MANAGEMENT COMMITTEE
A Labor Management Committee (hereinafter, "Committee") shall be established for the purpose of discussing matters of mutual concern outside of the scope of representation and matters related to the administration of the Agreement. The Committee shall be composed of representatives of the bargaining unit, one (1) staff representative from the Certified Operators/SEIU MOU
Fiscal Yeur2024-2025 Page 20 of 22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 Union, and representatives of the Cily or mutually agreed upon combinations. The Committee shall meet at least quarterly, or upon the written notification of either parly for the purpose of discussing matters of mutual concern. Grievances and disciplinary actions shall not be discussed at such meetings. Matters subject to the duty to bargain may be discussed, however, the Labor-Management Committee shall not have the authorily to add to, amend, or modify the Agreement.

ARTICLE 19 - SAVINGS, ZIPPER, DURATION
Section 1-Savings Clause: If any provision of the MOU is in conflict with the provisions of federal, state, or local laws or regulations, or is otherwise held to be invalid or unenforceable by existing or subsequently enacted legislation or by decision of any court relation, and he remander of the ou al ra i re an
effect. The Union shall have the right upon request to meet and confer with the City concerning the practical effect of such conflicts on wages, hours, or terms and conditions of employment.

Section 2- Zipper Clause: This MOU sets forth the full and entire understanding of the parties regarding matters set forth herein, and any and all prior or existing MOUs, understandings, or agreements that conflict with the matters set forth herein, whether formal or informal, are hereby superseded and terminated in their entirely. Existing policies, rules, ordinances, and resolutions that do not conflict with the matters set forth herein remain in effect. Each party agrees that the other shall not be obligated to bargain collectively with respect to any subject matter referred to or addressed in the MOU during the term of this MOU. It is the intent of the parties that this MOU be administered and observed in good faith.

Section 3- Term of IOU: The term of the MOU shall be July 1, 2024, through June 30, 2025.

Section 4 - Layoff/Reduction in Force: The Parties agree to continue to meet and confer regarding Layoff/Reduction in Force procedures.

SEIU/CALEXICO WATER/WASTEWATER CERTIFIED OPERATORS
DocuSigned by:

Crystal Ining 4/28/2025 | 9:46:45 AM PDT
Crystarving, President SEIU Local 221 Date
-Signed by:
4/25/2025 | 4:03:24 PM PDT
Michaef @emart, Chief Negotlator, SEIU Local 221 Date
Jerus V. Monarry Y1/28/25
Jesus Navarro, President
Certified Operators/SEIU MOU
Fiscal Year 2024-2025 Page 21 of 22
Docusign Envelope ID: E0619140-06AG-4B29-BB30-D8CD58904223 4-28-29
Juan Diego Lopez Date
Eduardo Barron 4 - 28 - 25
Date
4-28-25
Jesus Marquez Date

CITY OF CALEXICO
4h29
Richard A. Daniels, Interim City Manager
4/29/2020
Veronica L. Alvarado, City Clerk
Cortified Operators/SEIU MOU
Fiscal Year 2024-2025 Page 22 of22
Docusign Envelope ID: E0619140-06A6-4B29-BB30-D8CD58904223 WATERASTEWATER SALARY SCHEDULE -8 HOUR SHIFT
9% COLA INCREASE EFFECTIVE 7/12024 PER MOU APPROVED 04/16/2025 STEP (Increane by 5%)
RANGE (Insr. by 2.5%) 1 2 3 4
Hourly 26.4209 26.7014 20.0365 20.4383 30.9103 Collnition Systom Maint. Operator I Pay Porlod 2,034 2,136 2,243 2,355 2,473
0-10 Monthly 4,408 4,628 4,860 6,103 5,358
Annual 62,804 55,539 58,316 61,232 64,293
Hourly 27.3863 20.7645 30.1023 31.7019 33.2070 Laboratory Technicinn I Pay Poriot 2,191 2,300 2.416 2,536 2,063
0-13 Monthly 4,747 1,084 5,233 23,006 5,770
Annual 56,961 59,809 62,800 69,237
Hourly 29.4909 30.0060 32,5138 34.1395 36.8464 Laboratory Tachnicion I! Pay Porlod 2,359 2,477 2,001 2,731 2,068
0-16 Monthly 5,112 5,367 5,036 5,910 6,213
Annual 61.341 G4,408 67,620 1,010 74,561
Hourly 30.9839 32.6331 34.1698 36.067B 37.6612 Water Distribution Oporolor! Pay Parlod 2,479 2,603 2,733 2,869 3,013 Waatowater Collaction Oporator l 0-18 Monthly 5,371 5,639 5,921 6,217 6,528
Annual 64,447 67,669 71.052 74,605 70,335
Wasto Wator Treatmont Plant Oporator I!
Hourly 32,5525 34.1001 35.0891 37.6836 30.6677 Water Treatment Plant Oporator Il Pay Poriod 2,604 2,734 2,871 3,016 3,165 Water Distribution Operntor Il 0-20 5,642 5,025 6,221 6,532 6,858 Waslowater Collection Oporator Il Montilly 82,301 Wator Treatmont Plant - OIT Grate I!!
Annual 67,709 71,095 74,649 78,382
Hourly 34.2006 36.9105 37.7060 39.6913 41.5700 Wolor Trealmont Plant Oporalor Il Pay Period 2,736 2,873 3,016 3,167 3,326 Wasto Water Trentmont Plant Oporator I!! 0-22. Monthly 6.928 6,224 6,536 6,862 7,206 Wnter Diatribution Operator Ill Annual 71,137 74,094 78,428 82,350 06,467 Wastowntor Collaction Oporator !!! Hourly 36.0566 36.8002 38.0487 40.6011 42.0101 Wator Diotribution Oporator/Sowor Lond Pay Poriod 2,804 2,945 3,092 3,246 3,409
Monthly 6,076 6,380 6,699 7,034 7,386
0-23
Annual 72,916 76,561 80,389 84,400 88,629
Hourly 36.9310 37.7204 30.6149 41.6966 43.6764 Wasto Wntor Troatmont Plant Oporator IV Pay Porlod 2,876 3,018 3,169 3,328 3,494
Monthly 6,228 6,540 6,867 7,210 7,570
0-24
Annual 74,738 78,476 82,399 80,519 90,846
Hourly 44.0740 77.1177 40.4735 51.9472 64,6440 Water Troatmont Plant Load Oporator Pay Porlot 3,590 3,769 3,958 4,160 1,364
0-33 Monthly 7,778 8,167 8,575 9,004 9,454
Annual 93,33B 08,005 102,905 108,050 113,453
0% COLA GREATE FEE A202 PER NO APROVED ON 01812025
STEP (crone by 5%)
RANGE 32671D 33,2006 3
Hourly 36.0105 37.7060 30,6913 (Water Treatmont Plant Oporator III Pay Porlod 2,606 2,736 2,873 3,016 3,167
0-10-34 Monthly 5,028 6,224 6,536 • 6,862
Annual 07.010 71.137 71,694 78,420 82,350
0% EQUITY ADJUST ENTEREY VEGA THROUGH 01302021
STEP (crasa by 6% 3
RANGE 32.0067 Laboralory Tocinician
Hourly 26.3003 27.0003 20.0843 30.5385
Pay Porlod 2,110 2,216 2,327 2,443 2,665
LBO-13 Monthly 1,573 1,801 5,041 5,203 5,550
Annual 64,871 67,015 60,495 63,520 66,69B
Effaclive 07701/2024

ATTACHMENT B

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF CALEXICO

AND THE

WATER/WASTEWATER CERTIFIED OPERATORS ASSOCIATION
2002-2005 FISCAL YEAR
This Memorandum of Understanding (MOU) is entered into by and between the Water/Wastewater Certified Operators Association (Association) and the City of Calexico (City).

ARTICLE 1 - RECOGNITION AND STATUS OF AGREEMENT
Section 1- Recognition: The City formally recognizes the Association as the exclusive bargaining agent for the bargaining unit composed of all persons employed full time for the City in the following classifications: Water Plant Operator; Waste Water Plant Operator.

Section 2 - Ratification: This MOU is of no force or effect until ratified and approved by the Association membership and by the City Council through a duly-adopted Resolution.

Section 3 - Scope of Representation: The scope of representation is as set forth in City Council Resolution No. 2204, entitled: "Resolution of the City Council of the City of Calexico Pertaining to Employer-Employee Relations for the City of Calexico", dated 717/70.

ARTICLE 2 - MANAGEMENT RIGHTS
The City possesses the sole right to operate City government and all management rights repose in it, and such rights will be exercised consistently with the other provisions of this MOU.

ARTICLE 3 - EMPLOYEE AND ASSOCIATION RIGHTS
Section 1 - Negotiation Team: A maximum of three Association representatives shall be allowed time off for all scheduled meetings mutually set between City and Association.

Section 2 - Personnel Files: A separate file will be maintained in the personnel office of the City. These files will be made available only to authorized personnel with the Personnel Officer. An employee will be shown his/her personnel folder upon written request. In addition to the employee's personal and vital statistical data, resume and/or application, the file will contain a copy of the supervisor's evaluation, copies of letters of commendation or complaint, grievance filing results, reports of disciplinary action or reprimand, reports of training, achievement awards for special recognition, etc.

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Section 3 - Meetings: The City or the Association can call for a meeting at a reasonable time, date and place regarding any matter of concern in the interest of maintaining good employer-employee relations.

Section 4 -Discrimination: The City and the Association agree not to discriminate against any employee because of his/her activity, membership, or lack thereof in the Association. The City and the Association agree that there shall be no discrimination against any employee on the basis of race, color, religion, national origin, sex, age, sexual orientation, or disability.

ARTICLE 4 - WORK SCHEDULES
Section 1 - Work Shift: The 12-hour shift to remain as past practice for Water Plant Operators, which consists of 7 days on, 7 days off. The first shift is from 6:00 a.m. to 6:00 p.m. The second shift is from 6:00 p.m. to 6:00 a.m. Waste Water Plant Operators work 8-hour days on Monday through Friday.

Section 2 - Rest Period: A 15-minute rest period is permitted in the morning and in the afternoon. When there is a need to maintain continuous service or to answer telephones, employees will develop a coordinated schedule to provide the necessary service without interruption.

Section 3 - Time Away From Work: A bargaining unit member who is not in his/her regular place of work during work hours must notify his/her supervisor or the department secretary where he/she may be contacted.

ARTICLE 5 - COMPENSATION AND OVERTIME PAY
Section 1 - Work Week: The City's work week begins Wednesday at 12:00 a.m. and ends on 11:59 p.m. Tuesday.

Section 2 - FLSA Overtime Pay: The City uses the FLSA fluctuating work week regulation 29 CFR Section 778.114 to calculate FLSA overtime pay for the Water Plant Operators. The City uses a 40-hour work week standard to calculate FLSA overtime pay for Waste Water Plant Operators. FLSA overtime pay is compensated at 1.5 times the employee's regular hourly rate of pay.

Section 3 - Compensatory Time Off: The City may compensate bargaining unit members with 240 hours of compensatory time off (CTO), in lieu of cash overtime, at a rate of 1.5 hours for each hour of FLSA overtime worked. Once a unit member accrues 240 hours of CTO, the City shall pay overtime compensation in cash. The City shall not unreasonably deny a bargaining unit member the use of CTO.

Section 4 - Standby Time: Standby time shall be that period other than regularly scheduled working time during which an employee is on standby to receive calls for

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emergency water service. A bargaining unit member who is assigned to stand by status will be paid the equivalent of 16 hours at the bargaining unit member's regular rate of pay for every seven days that the employee is on standby. The pay will be pro-rated for periods of standby assignments of less than seven days. Except for personai illness or unforeseeable emergency, an employee who is unable to report to work or cannot be located within a reasonable period of time shall forfeit the "standby" pay and shall be removed form "standby" status for the week in question. Reasonable time for purpose of this provision is fifteen (15) minutes unless otherwise approved by the Wastewater Treatment Plant Supervisor. For purposes of this section, an employee who is on "standby" shall, in the event of an illness or emergency, notify the applicable supervisor as soon as possible.

Section 5 - Call-Back Pay: A bargaining unit member who has been released from duty and has left the work premises shall, if he/she is called back to duty, be paid a minimum of 2 hours. If the actual time traveling to and working a call-back to duty exceeds 2 hours, the employee is entitled to receive pay for actual time. The first hour of a call back is paid at double time. Call-back time actually worked after the first hour is paid at 1.5 time. Travel time shall be compensated accordingly only if travel time is within County of Imperial
Section 6 - Working Out of Classification: Any bargaining unit member who is assigned duties of a higher job classification or who is placed in an acting status will be paid $6.00 per day.

Section 7 - Night Differential: The City agrees to the following night differential pay of

7.5% per month for the 6 p.m. to 6 a.m. shift; it shall be pro-rated if not the full month.

A bargaining unit member who replaces an operator who is on vacation or sick leave will be paid night differential pay.

Section 8 - Uniforms: Bargaining unit members will be allowed one uniform per day and an annual shoe allowance of $150.00. The City will provide the allowance in a separate check on a date between July 1-14.

Section 9 - Longevity Pay Increases
Bargaining unit members hired before January 1, 2002, are entitled to longevity pay according to the following schedule: $20.00 per month for 5 years of continuous service; an additional $30.00 per month for 10 years of continuous service; an additional $40.00 per month 15 years of continuous service; an additional $50.00 per month for 20 years of continuous service; an additional $60.00 per month for 25 years of continuous service. This benefit is deleted as to all employees hired on or after January 1, 2002. All existing employees shall be entitled to receive longevity pay until their employment with the City of Calexico is terminated

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Section 10 - Merit Pay Increases
Employees hired on or after January 1, 2003 shall be hired at Step 1 of the salary schedule and will move to higher steps based upon merit in the following manner:

FROM TO TIME MERIT EVALUATION
Step 1 Step 2 9 months "Standard" or better
Step 2 Step 3 1 year "Standard" or better
Step 3 Step 4 1 year "Standard" or better
Step 4 Step 5 1 year "Standard" or better
"Standard"= 71% or better
Employees hired on, or after, January 1, 2002, shall be hired at Step 1 of the salary schedule and will move to higher steps based on merit in the following manner:

FROM TO TIME MERIT EVALUATION
Step 1 Step 2 6 months "Standard" or better
Step 2 Step 3 1 year "Standard" or better
Step 3 Step 4 1 year "Standard" or better
: Step 4 Step 5 1 year "Standard" or better
"Standard" = 71% or better.

Employees hired before January 1, 2002, shall move to higher steps based on merit in the following manner:

FROM TO TIME MERIT EVALUATION
Step 1 Step 2 6 months "Standard" or better
Step 2 Step 3 6 months "Standard" or better
Step 3 Step 4 1 year "Standard" or better
Step 4 Step 5 1 year "Standard" or better
"Standard" = 71% or better
Failure of the City to issue a timely Merit Evaluation on a form, prior to the anniversary date, mutually agreed to between the City and the Association, shall be treated as a "Standard" evaluation and shall cause the employee to be awarded the appropriate step increase.

Section 11 - Educational Incentive Pay: A bargaining unit member who enrolls in an accredited institution of higher education after becoming employed by the City shall be

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paid the following non-cumulative educational incentive pay provided that the employee has successfully completed his/her probationary period and the units taken are job- related or approved by the City Manager or his/her designee:

A. A salary increase of 2½% upon completion of 30 college units; B. A salary increase of 5% upon completion of an AA or AS degree with a grade of "C" or better, or completion of 60 college units;
C. A salary increase of 7½% upon completion of 90 college units (30 units must be in the upper division);
A salary increase of 10% upon completion of a bachelor's degree.

Effective January 1, 2004, the language will read as follows:

A bargaining unit member who enrolls in an accredited institution of higher education after becoming employed by the City shall be paid the following non-cumulative educational incentive pay provided that the employee has successfully completed his/her probationary period and the units taken are job-related or approved by the City Manager or his/her designee:

A. A salary increase of 5% upon completion of an AA or AS degree with a grade of "C" or better.

B. A salary increase of 10% upon completion of an BA or BS degree. in addition, the Tuition Reimbursement Program (Attachment "A") will apply to all bargaining unit members.

Section 12 - Membership Dues: The City agrees to pay membership dues and certificate renewals for certified water/wastewater operators.

Section 13 - Increased Certification Grade: Upon attaining a higher Operator certification from the State of California, a bargaining unit member will be paid a stipend equal 5% of base salary, for so long as the employee maintains the valid higher certification. This will not result in a reclassification or promotion.

Section 14- Water/Wastewater Distribution and Collection Certification Pay Upon attaining a Grade Ill or higher Water Distribution or Grade Il or higher Coilection certificate from the State of California required by the Department, a bargaining unit member will be paid a stipend equal to 2.5% of base salary, for so long as the bargaining unit member maintains the valid certification. This will not result in a reclassification or promotion. Effective January 1, 2006, possession of the Grade I!! Water Distribution certificate and the Grade I! Collection certificate will be a minimum position qualification for all bargaining unit members in these job classifications and the stipend will be converted into base salary.

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Section 15- Laboratory Technical Certification Pay
Upon attaining a Grade I or Grade I! Laboratory Technical certificate from the State of California required by the Department, a bargaining unit member will be paid a stipend equal to 2.5% of base salary, for so long as the employee maintains the valid certification. This will not result in a reclassification or promotion.

Section 16 - Cost of Living Increase: Effective the first full pay period in September 2002, a five percent (5%) cost of living increase for all bargaining unit member employed as of the date of ratification will be added to the base salary schedule.

In addition, the salary ranges of the job classifications indicated in Attachment "B" will be adjusted in accordance with the Attachment "B".

ARTICLE 6 - RESIGNATION AND DISCIPLINE
Section 1 - Resignation: A bargaining unit member may voluntarily separate from City employment. A month's notice of intended separation is desired so that management may have sufficient time to obtain a necessary replacement, and a minimum of 2 full weeks is strongly recommended.

Section 2 - Disciplinary Action: The department head may discipline any bargaining unit member, for just and valid cause. However, due and careful consideration will be given to all facts surrounding the reason for discipline before the final action is taken.

A bargaining unit member shall receive written pre-disciplinary notice of the facts and charges in any proposed disciplinary action that involves a loss of pay.

Section 3 - Appeal of Disciplinary Action: A bargaining unit member has the right to appeal discipline that involves a loss of pay to the Personnel Commission pursuant to Municipal Code Chapter 2.20. A final, written notice of discipline will inform or remind the bargaining unit member of this right.

Section 4 - Exit Interview: The department head will schedule an exit interview, with adequate lead time, with any bargaining unit member who is separating from City service. Any bargaining unit member leaving City employment under any circumstances, must clear his or her records through out-processing with the Finance Officer before the final pay check can be issued.

ARTICLE 7 - GRIEVANCE PROCEDURE
Section 1 - Purposes: To provide the means for employees, recognized employee organizations, and management to resolve grievances in an orderly manner within a reasonable time period. To administer employer-employee relations through. uniform and orderly methods of communication between employees and management.

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Section 2 - Policy:

A. Any bargaining unit member has the right to file a grievance without fear, intimidation, or coercion from any party;
B. Any bargaining unit member may represent him/herself or select whomever he/she wishes to represent him/her at any or all steps in the grievance procedure;
C. Grievances may be initiated by the employee, or the Association; D. The bargaining unit member's or Association's first contact regarding job and working conditions is with the immediate supervisor and the supervisor shall attempt to settle grievances informally at that level;
E. The immediate supervisor is responsible for informing employees about job requirements, personnel policies, and the work unit's relationship to the division, department and the City as a whole;
F. A grievant may attend a grievance meeting with a supervisor on his/her own behalf without loss of pay. One representative, who the grievant selects, may represent him/her at such grievance meeting without loss of pay.

Section 3 - Definition: A grievance is a claim, charge or dispute involving the following:

A. The interpretation or application of any City rules, regulations, ordinance, resolution affecting an employee's wages, hours or conditions of work; or B. The interpretation or application of the provisions of this MOU.

C. Notwithstanding any of the above, a grievance does not include any challenge to a disciplinary action.

Section 4 - Informal Grievance Procedure: The informal complaint procedure must be used before the formal grievance procedure. The grievant shall discuss his/her complaint with his/her immediate supervisor no later than 10 working days after the occurrence of the incident causing the grievance. If the immediate supervisor fails to reply within 5 working days, or the grievant determines he/she is not satisfied with any decision within 5 working days after receiving it, the grievant may utilize the formal grievance procedure.

Section 5 - Formal Grievance Procedure:

A. The formal grievance procedure shall be initiated not later than 10 days after the discussion with the immediate supervisor in the informal procedure.

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B. The formal grievance shall be initiated by the filing of a written grievance, within the time period set forth above, on a form provided for this purpose. The form shall contain:

1. Name of Grievant

2. Class Title
Department

4. Grievant's mailing address
A clear statement of the nature of the grievance citing applicable ordinance, rules, regulations or action

6. The date upon which such grievance occurred

7. The action taken as a result of the informal complaint procedure

8. A proposed solution to the grievance
Date of execution of the grievance form

10. Signature of the grievant

11. The name of the organization or individual, if any, representing the grievant, followed by the signature of said organization or individual.

C. The following steps are to be used to resolve the formal grievance:

Step 1. The written grievance shall be filed and presented to the second- level supervisor, who shall investigate the grievance and shall confer with the grievant, his/her representative, and any other employee or employees in an attempt to resolve the grievance.

Within 10 working days after the written grievance is first submitted to second-level supervisor, said second-level supervisor shall make and file a decision in writing with the grievant, his representative and the personnel department.

Step 2. If the issue is not resolved in Step 1, said grievance shall be filed with the department head, and grievant, his representative, and any other employee or employees involved, in an attempt to resolve the grievance, within not more than 5 working days from the receipt of the supervisors response. A copy of such request shall be delivered to the Personnel Department. Within 10 working days after the written grievance is submitted to the department head, the department head shall make and file a decision in writing with the grievant, his/her representative, and the personnel department.

Step 3. _If the department head does not resolve the grievance to the satisfaction of the grievant, the grievant may, within not more than 5 working days from receipt of the department head's decision, request in writing that the City Manager or his/her designee

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consider the grievance. A copy of the request filed by the grievant shall be submitted to the personnel department.
(a) Within 10 working days after such
request, the City Manager or designee shall investigate the grievance, confer with the persons affected and the
grievant's representative, and render a decision in writing to the grievant, his/her representative, and the personnel department.
(b) The City Manager's or designee's
decision shall be final and shall not be appealed.

Section 6 - Time Limits:

A. The time limits of each step may be extended by mutual consent of the parties.

The duration of the extension shall be in writing and signed by both parties involved at the step to be extended.

B. If any grievance is not appealed within the stated time limits, or extensions of any of the above steps, the grievance shall be considered conclusively settled on the basis of the last disposition by appropriate authority. No further City appeal or review is available.

C. If a supervisor or other appropriate authority fails to furnish a response within the required time limits, or extensions, of any of the above steps, the employee or Association may proceed with the grievance at the next appropriate step.

ARTICLE 8 - HOLIDAYS
Section 1 - Authorized Holidays: Authorized holidays are as follows and, except where the best interests of the City so require, municipal offices shall be closed on such days:

New Year's Day
Memorial Day
Labor Day
Veteran's Day
Christmas Day
Birthday
Washington's Birthday
Independence Day
Admission's Day
Thanksgiving Day and Day After
Floating Holiday
Martin Luther King
Cesar Chavez Holiday

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If a holiday falls on a Sunday, the following Monday shall be considered a holiday. If a holiday falls on a Saturday, the preceding Friday will be considered a holiday. Every person who is employed in a permanent full time position shall be allowed leave of absence with pay for every authorized holiday. Temporary seasonal shall not receive leave of absence pay for holidays. Persons employed on a permanent part-time basis, shall be entitled to receive holiday pay at one-half the regular rate.

ARTICLE 9 - SICK LEAVE
Section 1 - Sick Leave Regulations:

A. Every bargaining unit member who has been continuously employed by the City for 180 days, except temporary, seasonal or part-time employees, shall receive 1 working day of sick leave with pay for each full month of employment or major portion thereof.

B. Sick leave credit may be accumulated without limitation.

C. A bargaining unit member may use: 1) sick leave for his or her own actual illness or injury; 2) City proposal] up to 48 hours of sick leave per year to attend to the illness of the employee's child, spouse or parent; and 3) up to five days of sick leave in the event of death of any relative of the first degree by blood or marriage.

D. If sick leave for illness or injury exceeds 3 consecutive working days, the employee, prior to returning to work, shall submit a statement from a physician, surgeon or other person practicing a recognized healing art that has been certified by the State of California. The statement shall certify that the employee's physical or mental condition prevented him/her from performing the duties of his/her position during the period of absence. The physician statement requirement described here also applies to a bargaining unit member who takes sick leave of more than three consecutive days to attend to the illness of the member's child, spouse or parent.

E. The department head shall approve the use of all sick leave.

F. Bargaining unit members employed on a permanent part-time basis, shall receive sick leave benefits at one-half the regular rate.

G. If an employee sustains an illness or injury in the course of City employment, he/she shall receive full pay for the waiting period following such disability as defined by state law. Such compensation shall not be deducted from the employee's sick leave credit.

Section 2 - Sick Leave - Cash Compensation for Disability: When an employee incurs an on-the-job disability, he/she may request and receive cash compensation in

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lieu of sick leave to make up the difference between the employee's net salary and the amount he/she receives in state compensation insurance benefits while disabled.

Section 3 - Sick Leave - Cash Compensation upon Separation from Emplovment:

Upon separation from City employment, cash compensation shall be paid for accumulated sick leave as follows:

A. Every bargaining unit member who has 20 to 39 days of accumulated sick leave shall receive ½ of his/her regular monthly pay.

B. Every bargaining unit member who has 40 or more days of accumulated sick leave shall receive one month full pay.

ARTICLE 10 - VACATION
Section 1 - Accrual: Until capped as described in this Article, vacation shall accrue at the following rate for full-time bargaining unit members:

Length of Continuous Employment Accrual
6 months 1 working day
1 year to 5 years 12 working days
6 years to 10 years 16 working days
11 years to 15 years 18 working days
16 years or more 22 working days
Section 2 - Scheduling: The department head schedules and approves vacation leave.

Section 3 - Accumulation: A bargaining unit member ceases earning vacation once he or she accumulates the number of hours that can be earned in his or her prior 1.5 years of service.

Section 4 - Separation From City: Upon separation from City employment, compensation shall be paid for vacation leave that has been earned but not taken.

ARTICLE 11- OTHER LEAVES
Section 1 - Unpaid Leave of Abserice: A bargaining unit member may be allowed a leave of absence without pay by his/her department head of no more than 5 working days. A bargaining unit member who has been in the continuous employ of the City for 6 full months or more, except temporary or seasonal employees, may be allowed a leave of absence without pay for no more than 90 days upon the recommendation of the department head and the approval of the City Manager. While on unpaid leave, a bargaining unit member does not earn vacation, holiday, or sick leave.

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Section 2 - Military Leave: Military leave shall be granted in accordance with the provisions of state law. Every employee entitled to receive the benefits of military leave shall give his/her department head the opportunity, within the limits of military necessity, to determine when such leave shall be taken.

Section 3 - Funeral/Bereavement Leave: The City agrees to grant 3 days for funeral/bereavement leave for the following relatives:

Father (includes step-father)
Father-in-law
Mother (includes step-mother)
Mother-in-law
Sister
Sister-in-law
Brother
Brother-in-law
Wife
Husband
Son (includes step-son)
Daughter (includes step-daughter)
Grandfather
Grandmother
Son-in-law
Daughter-in-law
Grandchildren
Aunt
Uncle
Cousin
ARTICLE 12- HEALTH BENEFITS
Section 1 - Life Insurance: The City shall provide $50,000 in life insurance coverage and $50,000 for accidental death and dismemberment for each bargaining unit member. The City will also provide life insurance in the amount of $2,500 for each of each bargaining unit member's dependents.

Section 2 -Group Medical/Dental/Vision Insurance: The City agrees to contribute up to the following amounts toward medical, dental, and vision insurance coverage:

Family=$761.26
Single= $360.54

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The City and the Association agree to make the following changes to the medical plan:

Effective immediately upon signing of this agreement, the City's Health Plan will no longer cover lifestyle (not medically necessary) prescription drugs.

Effective immediately upon the signing of this agreement, the City's Health Plan will enforce the new co-pay schedule for prescription drugs in the U.S.; Brand Name will be $20.00 and Generic Brand co-pay will be $5.00. When generic is not available, Brand Name co-pay will be $5.00.

Permanent Part-Time Employees Medical Plan: Beginning January 1, 2002, a capitated medical plan will be made available to permanent part-time employees limited to medical services provided in Mexicali, B.C., Mexico by Almater Hospital and containing a maximum yearly benefit amount of $15,000.00. The premium of $69.00 per month for this medical plan will be paid ½ by the permanent part-time employee and ½ by the City.

Section 3 - Old Age Survivor's Insurance (OASI): City agrees to pay the OASI benefits for each bargaining unit member.

Section 4 - Physical Examinations: The City will provide each bargaining unit member an annual respiratory fitness exam. Such examination shall be conducted in the month the bargaining unit member's birth date falls, retroactive to July 1, 2001.

ARTICLE 13 - RETIREMENT
Section 1 - Retirement: Bargaining unit members are eligible for the PERS 2% at age 60 retirement plan. The City agrees to pay the 7% employee retirement contribution for each eligible bargaining unit member.

ARTICLE 14 - DUES
Section 1 - Payroll Deductions: The City agrees to deduct union dues each pay period during the term of this MOU from the pay of those Association members who individually request in writing, that such deductions be made. The City shall remit the moneys deducted each pay period to the Treasurer of the Association.

ARTICLE 15 - PROBATION AND TRAINING
Section 1 - Probationary Period:

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A. Probationary period will permit both the supervisor and the employee to become acquainted and to determine the adaptability and fitness of the employee to the assigned work.

B. All new employees hired on or after January 1, 2003, shall be subject to a probationary period of nine months. This includes promotions which are effective after that date. All employees hired prior to January 1, 2003 will be subject to the previous probationary period of six (6) months. Probationary period may be extended for a period of no longer than six (6) months when recommended by the department and approved by the City Manager.

C. Employees transferring from one department to another will be subject to the probationary period stated in paragraph B above.

D. All probation periods will be inventoried every 30 days for the first 90 days, at the end of six months, and annually thereafter.

E. An evaluation assessment will be completed on an as needed basis to try and assist all probationary employees who are not performing to the expected standard. Probationary employees may be terminated after the second inventory assessment if they continue to fail to perform at the expected standard.

Section 2 - Training: Responsibility for developing training programs for employees shall be assumed by the department head. Such training programs shall include lecture courses, demonstrations, assignments of reading matter or such other devices as may be available for the purpose of improving the effectiveness and broadening the knowledge of municipal officers and employees in the performance of their respective duties. An accredited training academy may also be used from time to time for present and newly-hired employees, at the discretion of the department head. The City Will provide monthly safety training. The City shall provide confined space and hazardous materials handling training.

ARTICLE 16 - SAVINGS, ZIPPER, DURATION
Section 1 - Savings Clause: If any provision of this MOU or the application of such provision should be rendered invalid by existing or subsequently enacted legislation, the remaining portion shall remain in full force and effect, and the City and the Association shall meet and confer to address any impact that the legislation has on the terms and conditions of employment.

Section 2 - Zipper Clause: This MOU sets forth the full and entire understanding of the parties regarding matters set forth herein, and any and all prior or existing MOU's, understandings, or agreements that conflict with the matters set forth herein, whether formal or informal, are hereby superceded and terminated in their entirety. Existing policies, rules, ordinances and resolutions that do not conflict with the matters set forth herein remain in effect. Each party agrees that the other shall not be obligated to

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bargain collectively with respect to any subject matter referred to or addressed in this MOU during the term of this MOU. It is the intent of the parties that this MOU be administered and observed in good faith.

Section 3 - Term of MOU: This MOU shall be and will remain in effect from July 1, 2002 to June 30, 2005. For the 2003-2004 and 2004-20005 years, either party may reopen Article 5, Article 12, and not more than one other Article by each party, by giving written notice to the other party by no later than June 1, 2003 and June 1, 2004 respectively. The written notice will include the notifying party's initial proposal on the article to be reopened.

CALEXICO WATERWASTEWATER CERTIFIED PLANT OPERATORS
President
Jush, slan
Secretary
TY OF
Amates
imployer/emplovee Relations Office

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ATTACHMENT C
Docusign Envelope ID: 3916CD87-B018-4191-9D3C-FB618F3928F3

SIDE LETTER BY AND BETWEEN
CERTIFIED OPERATORS/SEIU LOCAL 221

AND THE CITY OF CALEXICO
This Side Letter of Agreement (hereinafter "Agreement") is entered into by and between the Certified Operations/Service Employees International Union Local 221, CTW, CLC (hereinafter "Union") and the City of Calexico (hereinafter "City") (collectively, the "Parties") with respect to the following:

WHEREAS, the Union is the recognized employee organization of all persons employed full time by the City in classifications listed on the general salary schedule included with the Union's Memorandum of Understanding (hereinafter "MOU"); and WHEREAS, CaPERS undertook an audit of the City and made a finding that the current MOU between the Union and the City did not contain the full terms and conditions for the calculation of the Educational Incentive, under Article 5, Section 11 - Professional Development Program for all employees who receive the compensation, as it must explicitly identify all individual components included in the calculation; and
WHEREAS, the CaPERS audit of the City and made a finding that the current MOU between the Union and the City did not contain the full terms and conditions for the receipt of the Educational Incentive, under Article 5, Section 11 - Professional Development Program for those employees who were grandfathered because they were receiving a stipend for college units under an MOU effective prior to October 1, 2002; and
WHEREAS, in accordance with CaPERS findings and to ensure that the education Incentive can continue to be reported to CaPERS and included in the calculation of employee's retirement benefits, the City is required to adopt this Agreement to set forth all of the terms and conditions for receipt for the calculation of Educational Incentive and for those grandfathered employees hired prior to October 1, 2002 and hired prior to December 1, 2001; and NOW, THEREFORE, the parties do hereby agree as follows:

1. Effective retroactive to July 1, 2002, the City will provide the Educational Incentive based on the eligibility and terms and conditions set forth in this Agreement.

2. For all employees who receive Educational Incentive, the compensation shall be calculated using an employee's base pay rate plus the hourly equivalent of Shift Differential as described under Article 5, Section 7.

3. For employees who were receiving a stipend for Educational Incentive for college units prior to October 1, 2002, the employees will continue to receive that stipend during their employment with the City while a member of the unit, unless the employee qualifies for a higher stipend for earning a college degree under Article 5, Section 11 - Professional Development Program of the current or a successor MOU.

Docusign Envelope ID: 3916CD87-B018-4191-9D3C-FB618F3928F3

4. The City agrees to provide all Educational Incentive compensation amounts in accordance with the following terms and conditions, where Article 5, Section 11 - Professional Development Program is hereby revised in its entirety to read:
"Section 11 - Education Incentive Pay:

Effective July 1, 2002, a bargaining unit member who enrolls in an accredited institution of higher education shall be paid the following non-cumulative educational incentive pay provided that the educational courses, certificates, and degrees enhance their ability to do their job, meet the eligibility requirements via California Code of Regulations (CCR) sections 571 and 571.1, and are not required for a member's job. All forms of education must be job-related or approved by the City Manager or his/her designee as job-related. All unit members hired on or after January 1, 2012 shall not receive any benefits under this section.

All educational incentive pay shall be calculated using an employee's base pay rate plus the hourly equivalent of any applicable Shift Differential as described under Article 5, Section 7 of this MOU. No unit member shall receive more than a total salary adjustment of ten percent (10%) under this section during the member's employment with the City.

Employees hired prior to January 1, 2012, shall be paid for all college degrees earned from an accredited institution of higher education, pursuant to the following education incentive pay:

A. An amount equivalent to five percent (5%) of base pay plus the hourly equivalent of Shift Differential shall be paid upon completion of an AA or AS degree with a grade of "C" or better (but no unit member will receive more than one salary increase under this provision);
B. An amount equivalent to ten percent (10%) of base pay plus the hourly equivalent of Shift Differential shall be paid upon completion of an BA or BS degree with a grade of "C or better (but no unit member will receive more than one salary increase under this provision);
C. Tuition reimbursement will be available to bargaining unit members, providing that the tuition reimbursement procedure is followed in accordance with the policy, and the department can sustain the expense. The City will pay tuition reimbursements to employees, but the compensation specifically related to the reimbursement of tuition will not be reportable to CaPERS for the purposes of pension benefit calculations.

Employees hired prior to October 1, 2002 shall be paid for college units earned from an accredited institution of higher education, pursuant to the following education incentive pay:

A. An amount equivalent to two and one-half percent (2½%) of base pay plus the hourly equivalent of Shift Differential shall be paid upon completion of 30 college units; B. An amount equivalent to five percent (5%) of base pay plus the hourly equivalent of Shift Differential shall be paid upon completion of 60 college units.

Docusign Envelope ID: 3916CD87-B018-4191-9D3C-FB618F3928F3 An amount equivalent to seven and one-half percent (7½%) of base pay plus the hourly equivalent of Shift Differential shall be paid upon completion of 90 college units (30 units must be in the upper division).

Employees hired before December 1, 2001 shall be entitled to this section: As it relates to Certificates, bargaining unit members will need to obtain and maintain Certificates that enhance their ability to do their job. If Certificates obtained and maintained and courses completed are required for a member's job, educational incentive will not be reportable to CaPERS. The City of Calexico will pay their employees, but the compensation will not be reportable to CalPERS for the purposes of pension benefit calculations. Certificate hours will be accepted and converted to units at a conversion rate of 16 hours to one college unit. These units may be used towards incentive pay. These certificate hours must be approved by the City Manager and the immediate supervisor. One certificate hour is earned for attendance at a certification class if the class schedule is for 8 hours and attendance is a minimum of 6 hours. If attendance is less than 6 hours, then the actua ours of attendance at approved classes may be added together towards the 16 necessar to earn one college unit. This section is deleted for all new employees hired on, or after, December 1, 2001.

CERTIFIED OPERATIONS/SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 221, CTW, CLC (SEIU)
- Signed by:

Zachary Goldberg 7/28/2025 | 12:22:52 PM PDT
Zach Goldberg, Organizer Representative Date

CITY OF CALEXICO
Diana Nuricumbo, Mayor Date
Benjamin A. Martinez, City Manager Date