Colton City Council
October 6, 2026

(BB&K 2024)
23152.06000\30453088.2 -6-
regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions, where applicable, shall include, but shall not be limited to: (A) adequate life protection and lifesaving equipment and procedures; (B) instructions in accident prevention for all employees and subconsultants, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.3.11 Insurance.

Time for Compliance. Consultant shall not commence Work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this Section.

3.3.11.2 Minimum Requirements. Consultant shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the Agreement by the Consultant, its agents, representatives, employees or subconsultants.

Consultant shall also require all of its subconsultants to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. The policy shall not contain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 per accident for bodily injury or disease. Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance

(BB&K 2024)
23152.06000\30453088.2 -7-
coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Consultant or the City may withhold amounts sufficient to pay premium from Consultant payments. In the alternative, the City may suspend or terminate this Agreement.

3.3.11.3 Professional Liability. Consultant shall procure and maintain, and require its sub-consultants to procure and maintain, for a period of five (5) years following completion of the Project, errors and omissions liability insurance appropriate to their profession. Such insurance shall be in an amount not less than $1,000,000 per claim, and shall be endorsed to include contractual liability. Defense costs shall be paid in addition to the limits.

3.3.11.4 Insurance Endorsements. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements providing the exact same coverage, the City of Colton, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and completed operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before the City’s own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section

3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant’s scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be excess of the Consultant’s insurance and shall not be called upon to contribute with it in any way.

(BB&K 2024)
23152.06000\30453088.2 -8-
Notwithstanding the minimum limits set forth in Section 3.3.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.3.11.4(B). (C) Workers’ Compensation and Employer’s Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Consultant. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.3.11.5 Separation of Insureds; No Special Limitations; Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

3.3.11.6 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Consultant shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims, and administrative and defense expenses.

3.3.11.7 Subconsultant Insurance Requirements. Consultant shall not allow any subconsultants to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Consultant, the City may approve different scopes or minimum limits of insurance for particular subconsultants. The Consultant and the City shall be named as additional insureds on all subconsultants’ policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

(BB&K 2024)
23152.06000\30453088.2 -9-

3.3.11.8 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City.

3.3.11.9 Verification of Coverage. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.3.11.10 Reporting of Claims. Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement.

3.3.12 Water Quality Management and Compliance.

3.3.12.1 Storm Water Management. Storm, surface, nuisance, or other waters may be encountered at various times during the Services. Consultant hereby acknowledges that it has investigated the risk arising from such waters, and assumes any and all risks and liabilities arising therefrom.

3.3.12.2 Compliance with Water Quality Laws, Ordinances and Regulations. Consultant shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251, et seq.); the California Porter-Cologne Water Quality Control Act (Water Code § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any such authority. Consultant must additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.

3.3.12.3 Standard of Care. Consultant warrants that all employees and subcontractors shall have sufficient skill and experience to perform the work assigned to them without impacting water quality in violation of the laws, regulations and policies described in Section 3.2.12.2 of this Agreement. Consultant further warrants that it, its employees and subcontractors have or will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.

3.3.12.4 Liability for Non-compliance.
(A) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Section 3.3.12.2 of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Consultant agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the

(BB&K 2024)
23152.06000\30453088.2 -10-
City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising out of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(B) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Consultant’s failure to comply with any applicable water quality law, regulation, or policy. Consultant hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(C) Damages: City may seek damages from Consultant for
delay in completing the Services caused by Consultant’s failure to comply with the laws, regulations and policies described in Section 3.3.12.2 of this Agreement, or any other relevant water quality law, regulation, or policy.

3.4 Labor Code Requirements.

3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.

3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations (“DIR”). Consultant shall maintain registration for the duration of the project and require the same of any subconsultants. This project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant that affect Consultant’s performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting

(BB&K 2024)
23152.06000\30453088.2 -11-
from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subconsultant.

3.4.3 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.5 Accounting Records.

3.5.1 Maintenance and Inspection. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.6 General Provisions.

3.6.1 Termination of Agreement.

3.6.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause.

3.6.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request.

3.6.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.6.2 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose:

Consultant: Bartle Wells Associates
2625 Alcatraz Ave, Suite 602

(BB&K 2024)
23152.06000\30453088.2 -12-
Berkley, CA 94705
ATTN: Erik Helgeson - President
City: City of Colton
650 North La Cadena Drive
Colton, CA 92324
ATTN: Chad Blais – Public Works and Utility Services
Director
Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.6.3 Ownership of Materials and Confidentiality.

3.6.3.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City’s express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.6.3.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City.

3.6.3.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or

(BB&K 2024)
23152.06000\30453088.2 -13-
another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City’s sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant’s seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re-use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant.

3.6.3.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted.

3.6.3.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City.

3.6.3.6 Confidential Information. The City shall refrain from releasing Consultant’s proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information.

Consultant shall have five (5) working days after receipt of the Release Notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney’s fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of the Objection Notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non-appealable order by a court of competent jurisdiction requires that City release such information.

3.6.4 Cooperation; Further Acts. The Parties shall fully cooperate with one

(BB&K 2024)
23152.06000\30453088.2 -14-
another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.6.5 Indemnification.

3.6.5.1 To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any negligent acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subconsultants or agents in connection with the performance of the Consultant’s Services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.

3.6.5.2 If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

3.6.6 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.6.7 Governing Law; Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County.

In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.

3.6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.6.9 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project.

(BB&K 2024)
23152.06000\30453088.2 -15-

3.6.10 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.6.11 Assignment or Transfer; Colton Utility Authority. Consultant shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. To the extent that this Agreement is deemed to be a "material contract" under the CUA Management Agreement, Consultant has no right to terminate this Agreement, either with or without cause, based upon the existence or nonexistence of the CUA Management Agreement. Therefore, if the CUA Management Agreement expires or terminates for any reason, Consultant shall remain fully obligated to perform under this Agreement on behalf of the CUA or another third party contracted by the CUA for the maintenance, management and operation of the Water Enterprise and/or Wastewater Enterprise.

3.6.12 Construction; References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.

3.6.13 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.6.14 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

3.6.15 No Third-Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.6.16 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.6.17 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City’s Filing Officer as required under state law in the performance of the

(BB&K 2024)
23152.06000\30453088.2 -16-
Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

3.6.18 Authority to Enter Agreement. Consultant has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.6.19 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.7 Subcontracting.

3.7.1 Prior Approval Required. Consultant shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.
[SIGNATURES ON NEXT PAGE]

(BB&K 2024)
23152.06000\30453088.2 -17-

SIGNATURE PAGE TO

PROFESSIONAL SERVICES AGREEMENT BY AND

BETWEEN THE CITY OF COLTON AND BARTLE WELLS

ASSOCATES

CITY OF COLTON BARTLE WELLS ASSOCIATES
By: ____________________________ By: _________________________ William R. Smith Erik Helgeson
City Manager President
Attest:
____ By: _________________________
Isaac T. Suchil
City Clerk
Recommended for Approval:
_________________________
Executive Director
Colton Utility Authority
Approved as to Form:
______________________________
Best Best & Krieger LLP
City Attorney

(BB&K 2018)
23152.06000\30453088.2 Exhibit “A-1”
EXHIBIT "A"

SCOPE OF SERVICES
See Attached Proposal

City of Colton
Technical Proposal for: Rate Analysis for
Water & Sewer Enterprises

2625 Alcatraz Ave, #602
Berkeley, CA 94705
Tel 510 315 5235
www.bartlewells.com
August 20, 2026
City of Colton
Chad Blais, Public Works & Utility Services Director
160 S 10th Street
Colton, CA 92324
Subject: Proposal for Rate Analysis for Water & Sewer Enterprises We are pleased to submit Bartle Wells Associates’ (BWA) proposal to prepare a Water and Sewer Rate Study for the City of Colton. For more than 60 years, our firm has specialized in providing independent financial and utility rate consulting services to California water and sewer utilities. We offer an unmatched level of financial planning expertise and are the only firm in California to provide both financial advisory services for project financing as well as utility rate consulting services. We are excited about the opportunity to work with you and understand that the City has several important objectives for these studies, including:
• Developing Long-Term Financial Plans for the water and sewer utilities that will provide sufficient funding for operations, maintenance, capital investment, and debt repayment needs. • Ensure Financial Sustainability and Risk Mitigation by evaluating existing reserve policies and incorporating rate adjustments, as needed, to achieve and maintain target reserve levels while supporting compliance with water and wastewater debt service coverage requirements. • Assistance with the Proposition 218 Process and Stakeholder Communication that is clear, defensible and supports the recommendations and results of the study. This will ultimately provide decision makers with the confidence to adopt rates that support long-term financial sustainability while maintaining community trust.

Our overall goal of this assignment will be to develop rate recommendations to support the City’s funding needs, evaluate key alternatives and their impacts, and build consensus for final rate recommendations. Our general approach will be to work collaboratively with the City throughout the process to ensure final recommendations reflect the City’s objectives.

We appreciate the opportunity to assist the City with this project and are ready to start working at your direction. Please contact Kim Boehler at [email protected] or 510.315.5235 if you have any questions or need additional information. Our proposal is valid for a period of 90 days from the date of submittal.

Sincerely,
Kim Boehler Erik Helgeson
Principal/Project Manager President/Authorized Signer

Table of Contents

1. SCOPE OF WORK ............................................................................................1

2. METHODOLOGY.............................................................................................2

3. QUALIFICATIONS & FIRM EXPERIENCE ........................................................... 7

4. PERSONNEL..................................................................................................10

5. REFERENCES.................................................................................................12

6. PROJECT SCHEDULE......................................................................................14 APPENDIX: TEAM RESUMES ..............................................................................15

BARTLE WELLS ASSOCIATES Page 1
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises

1. Scope of Work
Understanding of City’s Goals and Objectives for this Study BWA understands that the City is embarking on a comprehensive review and update of its Water and Sewer Rates and needs a consultant that has the experience and availability to assist with this effort. Key goals and objectives for this study include:
 Prepare long-term financial plans for the water and sewer utilities that will ensure sufficient and sustainable funding to meet operating, maintenance, capital investment, and debt service obligations.
 Prepare cost of service analyses to equitably allocate the water and sewer revenue requirements to each customer class and make suggestions for updating customer classifications to clarify or simplify classes of service, if practical.  Assist with stakeholder communication to support the new rate adoption process by providing written reports and public presentations that are clear, defensible and support the recommendations and results of the study. This will include presentations to the City Council, the Utility Commission and Grand Terrace City Council.

BWA has assisted many agencies throughout California with these exact challenges and is ready to work with the City of Colton on meeting its goals and objectives for this Study.

Water and Wastewater Rate Study Process
BWA follows industry standards for rate and fee setting embodied in the American Water Works Association, Manual of Water Supply Practices M1, Principles of Water Rates, Fees and Charges and the Water Environment Federation, Manual of Practice No. 27, Financing and Charges for Wastewater Systems. We will also address requirements of Proposition 218 that rates are proportional to the cost of providing service for all customers.

The completed water and sewer rate study will provide a set of legally defensible documents that outline a comprehensive financial plan attainable through sound industry-standard recommendations for the City. Our methodology will incorporate various assumptions regarding funding operating and maintenance costs, capital investments, an evaluation of fixed and variable charge alternatives, Proposition 218 and impacts of recent court rulings. A summary of our rate study process is presented in Figure 1 and the detailed scope of work and task plan for the City’s Water and Sewer Rate Study follows in the next section.

Figure 1. Financial Plan and Rate Study Process
Project
Initiation Financial Plan Cost of Service
& Rate Design
Outreach &
Adoption
Clarify Objectives
Establish Process/Schedule
Review Data & Assumptions
Financial Projections
Financing Alternatives
Evaluate Scenarios
Analyze Billing Data
Evaluate Rate Alternatives
Cost Allocation & Rate Design
Build Consensus
Public Education
Proposition 218 Process

BARTLE WELLS ASSOCIATES Page 2
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises

2. Methodology
TASK 1. KICK-OFF MEETING AND DATA COLLECTION
BWA will hold a kick-off meeting with City staff and will begin data collection efforts at the start of the study, as described below. We request that financial information such as revenues and expenditures, customer billing and consumption data be provided in MS Excel format.

Kick-off Meeting - To initiate our work, we will hold a kick-off meeting with City staff and others as appropriate, to accomplish the following:
 Align BWA and City Staff on project scope, expectations and data needs.  Identify members of the City’s Staff and BWA’s consulting project team who will participate in the project.
 Determine the roles and responsibilities of all project participants.  Identify other parties that may have a significant interest in the project, such as community groups, business organizations, and large customers.
 Establish project schedule and key milestone dates.

Data Collection - Prior to the kick-off meeting, BWA will provide the City with a data request that will itemize the data needed to conduct the study. This will include information such as operating and capital budgets, financial statements and customer billing data. BWA will review the City’s data to confirm our understanding and that it is complete. As the study progresses, requests for additional data and clarification will be submitted as needed.

TASK 2. LONG-RANGE FINANCIAL PLAN
BWA will prepare a long-range financial plan for the City that details revenue, expenditures, reserve funds, capital improvement costs, and capital replacement needs. The financial plan will lay the foundation for the cost of service and rate design analysis. The following sub-tasks will be included in the long-range financial plan:

1. Evaluate Historical Records and Develop Projections - Based on the financial data the City will provide, BWA will prepare a ten-year projection of financial operations, which will include the following:
a. Capital Improvement Funding Needs: Identify latest capital improvement plan costs and will work with Staff to identify key alternatives for evaluation. Based on input from Staff, determine a reasonable amount to include for future, ongoing capital repairs and replacements. BWA often recommends that agencies phase in funding for large capital improvement projects and long-term system rehabilitation projects as rates are gradually increased. We will evaluate possible combinations of financing methods, such as a combination of pay-as-you-go cash funding supplemented by debt financing, when appropriate.
b. Water Demand, Supply, and Cost: Forecast water demand, future conservation targets, sources of supply, the cost of water supply and number of connections. Evaluate alternative water supply and cost scenarios as warranted. The demand analysis for the

BARTLE WELLS ASSOCIATES Page 3
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises financial plan overlaps with the customer analysis for the cost allocation and rate design.

We will look at water use and the City’s exposure to demand variability. We will work closely with the City to develop conservative water demand projections. c. Growth and Development: Evaluate historical and planned growth trends and develop appropriate assumptions for future development that can be incorporated into the financial plan and rate model.
d. Cost Escalation Factors: Review historical cost trends and work with the project team to develop reasonable cost escalation factors for both operating and capital expenditures.

Work with Staff to estimate potential new operating costs, such as new staffing projections, O&M costs related to planned capital improvements, or costs for complying with regulatory mandates.

2. Review and Update Fund Reserve Targets - Evaluate adequacy of the City’s current reserve funds. As warranted, identify alternatives and update minimum reserve fund targets based on the City’s operating and capital funding projections. Develop an implementation plan for achieving and maintaining the recommended reserve fund levels.

3. Develop Cash Flow Projections- BWA will develop cash flow projections showing the financial position of the water and sewer utilities over the next ten years. The cash flows will project fund balance, revenues, expenses, debt service coverage, and will incorporate the forecasts developed with Staff input, including funding needs for future capital repairs and replacements. After developing a base-case cash flow scenario, we can develop alternatives for additional evaluation such as capital improvement program cost alternatives, project financing alternatives, the impacts of different levels of growth, and the impacts of various levels of demand. During this phase, BWA will work closely with the project team to develop financial and rate projections under alternative scenarios.

4. Evaluate Financial Scenarios and Rate Increase Options - Based on the cash flow projections, determine the annual revenue requirements and project overall required rate increases.

Evaluate the financial impact of various financial and rate adjustment alternatives, such as phasing in required rate increases over several years. If appropriate, develop a reduced rate alternative and evaluate impacts on the City’s ability to fund capital projects.

TASK 3. COST-OF-SERVICE ANALYSIS
BWA will prepare a cost-of-service analysis to equitably allocate the water and sewer revenue requirements to each customer class. This analysis will ensure that rates developed in this Study are based on the proportional cost of providing service to each customer class and are consistent with Proposition 218. The following subtasks are anticipated:

1. Utility Billing Data and Water Demand Analysis - Evaluate up to three years of utility billing and water usage data, to determine reasonable estimates of water and sewer use to be used as a basis for new rate alternatives, for each customer class. The City’s current customer classifications will be reviewed to determine if any modifications are

BARTLE WELLS ASSOCIATES Page 4
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises appropriate. Prepare tables summarizing the data so that customer class characteristics can be reviewed and used in subsequent analysis.

2. Develop Functional Cost Allocations – Functionalize expenses into categories such as treatment, pumping, distribution, administration and customer service (for water) and collection, treatment, administration and customer service (for sewer). Classify functional expenses into cost components such as fixed capacity, variable commodity or customerrelated costs.

3. Allocate Costs to Customer Classes – Allocate costs to customer classes using applicable unit costs of service to determine each class’s proportional responsibility for total system cost. These allocations will be used to develop fixed and variable rate components for each customer class.

BWA will work with Staff to assess how different customer classes benefit from current and projected operations with implementation of the City’s long-range financial plan. As appropriate, changes in methodology will be identified to improve fairness and/or better reflect City objectives for revenue recovery.

TASK 4. RATE DESIGN ANALYSIS
BWA will work with City staff to review the current water and sewer rate structure and develop alternatives to ensure new rates meet current goals and objectives and are based on a reasonable and defensible cost-of-service methodology. BWA will develop rate alternatives for the City’s consideration that are based on industry standard practice, ease of implementation and practicality. The following subtasks are anticipated for this analysis:

1. Review Existing Rates - Review the City’s existing rate structure and discuss advantages and disadvantages compared to other rate approaches. Summarize and discuss findings.

2. Identify Rate Structure Modifications and Alternatives - Identify alternative rate structures or modifications to the City’s existing rates designed to improve equity, better achieve City objectives and/or meet Proposition 218 requirements. In particular, implementing a fixed sewer charge for commercial/industrial customers will be evaluated in this phase of the study.

BWA will discuss pros and cons of different rate structure options and their general impacts on different types of customers. Consider the current and future cost of providing water and sewer service with established and anticipated standards and regulations. Ensure funding requirements for all current long-term liabilities and debt obligations

3. Develop Rate Recommendations and a Five-Year Rate Schedule – BWA will develop draft rate recommendations and a five-year water and wastewater rate schedule that are designed to achieve the revenue targets identified in the financial plan. We will review preliminary recommendations and key alternatives with the City’s project team for input and refinement of recommendations. Final rate recommendations will be designed to:
a) Fund the full cost of providing service, including future operating and capital programs, b) Achieve debt service coverage requirements and fund reserve targets, c) Provide a prudent balance of revenue stability and conservation incentives,

BARTLE WELLS ASSOCIATES Page 5
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises d) Be fair and equitable to all customers,
e) Be easy to implement and administer, and
f) Comply with the substantive requirements of Proposition 218.

4. Comparative Benchmarking – BWA will compare monthly water and sewer bills for customers with other agencies in the region. The results will be summarized in easily understandable tables and/or charts that can be included in the Rate Study report and presentations. The benchmarking will provide City staff and the City Council with a basis to compare the cost of providing water and wastewater service to customers in the region.

TASK 5. RATE STUDY REPORT
BWA will develop a rate study report that clearly explains study objectives, findings, rationale for recommendations and proposed water and wastewater ratesfor the next five years.

The report will provide an administrative record supporting the proposed water and wastewaterrates and will include tables, graphs and charts that demonstrate each phase of the rate study: long-term financial plan, cost of service analysis and rate design. The following iterations of the rate study report will be provided:

1. Draft - will be submitted to City staff for review and comment.

2. Final - will incorporate any remaining feedback.

TASK 6. MEETINGS AND PRESENTATIONS
BWA will attend meetings, make public presentations and provide project status reports throughout the duration of the study. Meetings will be scheduled during critical stages of the study to receive project input, review study progress, present findings and recommendations, as described below.

Meetings with City Staff – BWA will lead and facilitate meetings with City Staff throughout the study to review study progress, present findings, discuss alternatives and their impacts, gain ongoing input, and develop and refine study recommendations. Meetings will be held at critical steps of the process (e.g. draft financial plan, cost of service analysis and rate design). BWA will participate in additional meetings as needed to ensure project coordination, share information, address emerging issues and resolve unforeseen challenges that may arise during the study process. These meetings will be conducted virtually using video conferencing software such as Microsoft Teams or Zoom.

Public Presentations – BWA will lead and facilitate meetings with the City Council, Utilities Commission, and the City Council of Grand Terrace to present study findings, recommendations and proposed rates for the next five years. Presentations will be clear, concise, tailored to the intended audience and will be conducted in-person. Our proposal includes one(1) presentation to the Utilities Commission, three (3) presentationsto the City Council for Colton and one (1) workshop presentation to the City Council of Grand Terrace (five presentations total).

BARTLE WELLS ASSOCIATES Page 6
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises TASK 7. RATE MODELS
At the conclusion of the study, BWA will provide the City with a copy of the final water and sewer rate models in Microsoft Excel format, that is fully functional with adjustable inputs and linked formulas.

The models will include interactive graphics, charts and tables that will update as inputs are changed.

We will review all elements of the rate models with City staff throughout the study, so staff can be very familiar with it at the conclusion of the study. BWA will also provide a meeting where we review each model with City staff.

BARTLE WELLS ASSOCIATES Page 7
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises

3. Qualifications & Firm Experience

BARTLE WELLS ASSOCIATES
Leaders in Water, Wastewater & Stormwater Rates and Finance Since 1964 Bartle Wells Associates (BWA) is an independent financial advisory firm with expertise in the areas of water, wastewater, and stormwater finance. BWA was established in 1964 and has over 60 years of experience advising cities, special districts, and other agencies on the complexities and challenges in public finance. We have advised over 600 public agency clients throughout California and the western United States. We have a diversity of abilities and experience to evaluate all types of financial issues faced by local governments and to recommend the best and most practical solutions.

Bartle Wells Associates has a highly qualified professional team of consultants. Our educational backgrounds include finance, civil engineering, business, public administration, public policy, and economics.

BWA specializes in three professional services: utility cost-ofservice rate and fee studies, financial plans, and project financing.

We are one of the few independent financial advisors providing all three of these interrelated services to public agencies.

RATE AND FEE STUDIES Our rate studies employ a cost-of-service approach and are designed to maintain the long-term financial health of a utility enterprise while being fair to all customers.

We develop practical recommendations that are easy to implement and often phase in rate adjustments over time to minimize the impact on ratepayers. We also have extensive experience developing impact fees that equitably recover the costs of infrastructure required to serve new development. BWA has completed hundreds of utility rate and fee studies. We have helped communities implement a wide range of rate structures and are knowledgeable about the legal requirements governing rates and impact fees. We develop clear, effective presentations and have represented public agencies at hundreds of public hearings to build consensus for our recommendations.

FINANCIAL PLANS Our financial plans provide agencies with a flexible roadmap for funding longterm operating and capital needs. We evaluate the wide range of financing options available, develop a plan that recommends the best financing approach, and clearly identify the sources of revenue for funding projects and repaying any debt. We also help agencies develop prudent financial policies, such as fund reserve targets, to support sound financial management. BWA has developed over 2,000 utility enterprise financial plans to help public agencies fund their operating and capital programs, meet debt service requirements, and maintain long-term financial health.

PROJECT FINANCING Our project financing experience includes over 300 bond sales and numerous bank loans, lines of credit, and a range of state and federal grant and loan programs.

We generally recommend issuing debt via a competitive sale process to achieve the lowest cost

BARTLE WELLS ASSOCIATES Page 8
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises financing possible. To date, we have helped California agencies obtain over $5 billion of financing via bonds, bank loans/private placements, lines of credit, low-rate State Revolving Fund Loans, and other funding programs. We work only for public agencies; we are independent financial advisors and do not buy, trade, or resell bonds. Our work is concentrated on providing independent advice that enables our clients to finance their projects on the most favorable terms—lowest interest rates, smallest issue size, and greatest flexibility.

Bartle Wells Associates is a charter member of the National Association of Municipal Advisors (NAMA), which establishes strict criteria for independent advisory firms. All of our lead consultants are Certified Independent Professional Municipal Advisors and are Registered Municipal Advisors.

Bartle Wells Associates is committed to providing value and the best advice to our clients. Our strength is
quality—the quality of advice, service, and work we do
for all our clients.

EXPERIENCE BWA has extensive experience developing
long-term financial plans, utility rates, and capacity fees for public agencies from all areas of California and the western U.S. In recent years, we have completed
assignments for many agencies including but not limited to the following:

Sample Water/Sewer/ Stormwater Districts Sample Cities
Big Bear City Community Service District City of Benecia Casitas Municipal Water District City of Brawley
Castro Valley Sanitary District City of Davis
Clean Water Services City of East Palo Alto
Crestline Sanitation District City of Glendale
Cucamonga Valley Water District City of Hemet
East Bay Municipal Utility District City of Hesperia
Fallbrook Public Utility District City of Imperial
Helendale Community Services District City of Modesto
Helix Water District City of Monterey
Indian Wells Valley Water District City of Morro Bay
Joshua Basin Water District City of Mountain View
Lake Arrowhead Community Services District City of Paso Robles Los Alamos Community Services District City of Patterson Marin Municipal Water District City of Port Hueneme
Nevada Irrigation District City of Redwood City
Palmdale Water District City of San Bruno
San Diego County Water Authority City of San Carlos
BWA has served
over 600 public
agencies
throughout
California and
the western
United
States.

BARTLE WELLS ASSOCIATES Page 9
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises San Francisco Public Utilities Commission City of San Leandro San Luis Water District City of Santa Cruz
San Miguel Community Services District City of Simi Valley Santa Ynez River Water CD, ID#1 City of Solvang
Silicon Valley Clean Water City of Vacaville
Sonoma County Water Agency City of Victorville
South San Luis Obispo County Sanitation District City of Willits Victor Valley Wastewater Reclamation Authority
West County Wastewater District
West Valley Sanitation District
BWA TEAM STRENGTHS BWA has a strong track record of building consensus and public acceptance for rate and fee adjustment recommendations. Rate and fee adjustments can be controversial. We have found that ratepayers are more accepting of rate increases when they both understand the need for the increases and believe they are being treated fairly. BWA will present a summary of study recommendations and outcomes in public workshops with the City Council and other stakeholders. BWA also has substantial experience working with citizen advisory groups, community groups, and other stakeholders, and has a long track record of completing projects on time and on budget. We have helped many agencies successfully adopt rate increases in challenging political environments.

BARTLE WELLS ASSOCIATES Page 10
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises

4. Personnel
PROJECT TEAM BWA uses a team approach for most projects, typically assigning two or more consultants to each assignment, including at least one principal consultant. Our general project approach is to work closely with staff and other members of the project team to identify objectives, set milestones, have frequent communication, and remain flexible to resolve unanticipated issues.

Bartle Wells Associates has a highly qualified professional team. Our educational backgrounds include finance, civil engineering, business, public administration, public policy, and economics. Bartle Wells Associates has a long track record of completing projects on time and on or under budget.

Kim Boehler, Principal / Project Manager
Kim Boehler is a Principal Consultant at BWA with over 20 years of experience in public utility finance. She has led approximately 150 utility rate and fee studies, supporting agencies in the development of sustainable and equitable funding strategies. Her expertise includes financial planning, cost-of-service analysis, rate design, and capacity fee development across water, recycled water, wastewater, and stormwater utilities.

Kim brings a unique blend of consulting and public sector experience, having served in consulting roles and as a financial strategist for Clean Water Services. Her deep understanding of public agency funding needs is informed by prior roles in utility financial management, where she oversaw diverse revenue streams such as utility rate and fee structures, special financing district administration, and overhead cost allocation plans. Her work reflects a strong commitment to fiscal transparency, technical rigor, and long-term infrastructure sustainability. One of her key strengths is her clear and direct communication style which allows her to convey complex concepts in a manner that a non-technical audience can understand.

Project Role and Responsibilities: Kim will oversee all phases of the project, from initial kick-off through final implementation. She will lead the project team’s efforts and collaborate closely with the City’s project manager to refine the study approach and guide the development of water and sewer rate alternatives. Kim will direct the team’s analytical work, provide senior-level technical review, and ensure timely delivery of work products aligned with the City’s goals and objectives.

She will maintain comprehensive knowledge of all findings and recommendations and will be prepared to engage with stakeholders to discuss their implications. Kim will also serve as the lead presenter for BWA at all public meetings associated with this study.

Project Manager
Kim Boehler
Technical Review
Erik Helgeson
Project Analyst
Ashli Wong
Analytical Support
Additional BWA Staff
Available as Needed
Figure 2. Project Team Org Chart

BARTLE WELLS ASSOCIATES Page 11
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises Erik Helgeson, President / Technical Review
Erik Helgeson serves as President at BWA, bringing over 15 years of specialized experience in utility finance. His expertise encompasses the development of long-range financial plans, rate structures, and policy solutions for water, wastewater, recycled water, stormwater, and solid waste utilities. Erik’s background includes both internal utility experience—as a Senior Finance Analyst at Denver Water—and external consulting, where he supports agencies in crafting fiscally sound and equitable rate strategies aligned with their operational and policy goals.

Erik is highly experienced in working with executive leadership and supporting strategic decisionmaking processes. He contributes to the advancement of industry best practices through his service on the American Water Works Association (AWWA) Rates and Charges Committee, is a contributing author to the 8th edition of the AWWA M1 Manual and has presented at the Utility Management Conference.

Project Role and Responsibilities: Erik will provide technical oversight and review, including the evaluation of proposed alternatives and study findings.

Ashli Wong, Project Analyst
Ashli Wong is a Financial Analyst at Bartle Wells Associates with over three years of experience supporting water and wastewater rate and capacity fee studies. Her background includes prior service in the Auditor-Controller’s Office of Santa Barbara County, where she gained valuable experience in public sector financial operations. Ashli brings a strong analytical foundation and a growing expertise in utility finance to her work with local agencies.

Project Role and Responsibilities: Ashli will provide analytical support throughout all phases of the study. Her responsibilities will include conducting large-scale data analysis and validation, managing data inputs, and assisting with data collection efforts. She will also help coordinate project milestones by providing timely reminders to City staff, ensuring the study progresses according to the established schedule.

Detailed resumes for the project team are included in the Appendix.

BARTLE WELLS ASSOCIATES Page 12
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises

5. References
RECENT PROJECT REFERENCES This section provides descriptions and contact information for select recent projects completed (or in progress) by members of the BWA project team proposed for the City of Colton’s Water and Sewer Rate Study.

Victorville Water District/City of Victorville
BWA recently completed a comprehensive Water Rate Study for the Victorville Water District. Key objectives of this effort included developing a ten-year financial plan and an updated water rate structure to support the District’s $76 million capital improvement program. The study also adjusted the District’s existing rate structure, and updated rates for reclaimed water, untreated well water customers, and construction-related water use. Throughout the project, our project team worked in close coordination with District and City staff, the City’s Executive Team, Legal Counsel, and City Council to develop water rate alternatives. New water rates were adopted by the City Council in July 2026.

BWA is currently in the process of a capacity fee study for the City’s Industrial Wastewater Treatment Plant. The City is served by two wastewater treatment plants, one regional treatment plant owned by a joint powers authority and the City-owned Industrial Wastewater Treatment Plant. The City has plans to expand its own plant and BWA is working with the City to develop capacity fees for development in areas that are served by this treatment plant. The main goal of this study is to develop fees that adequately reflect the cost of existing infrastructure that has capacity to serve future development and the cost of infrastructure expansion needed to serve future development.

Reference: Doug Mathews, Director of Public Works and Water, [email protected], (760) 243-6332
Clean Water Services
BWA recently completed a study to support the District’s FY 2026/27 and multi-year rate planning process. Key objectives of this effort included developing a comprehensive ten-year financial plan and updated Sewer and Surface Water Management rate structures for the twelve cities and unincorporated county areas served by the District. The financial plan supports approximately $770 million in planned capital improvements, $140 million in annual operating and maintenance costs, $17 million in annual debt service obligations, and the management of approximately $400 million in reserve funds. Throughout the project, our project team worked in close collaboration with District staff and the Executive Team to develop financial plan and rate alternatives. The District adopted new rates in June 2026.

Reference: Kathy Leader, Chief Financial Officer, [email protected], (503) 681- 3640

BARTLE WELLS ASSOCIATES Page 13
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises City of Santa Cruz
In 2024, the City of Santa Cruz engaged BWA to develop a wastewater rate and capacity charge study. BWA analyzed the City’s wastewater enterprise fund and made recommendations that would achieve financial sustainability and improve legal compliance. The City had a $56.4 million capital project funding need which included critical upgrades to the electrical system responsible for feeding power to the City’s wastewater treatment facility. BWA developed a financial plan that incorporated best finance practices for public utility systems and identified the level of rate revenue recovery needed to continue to fund safe and reliable wastewater services long term. BWA’s cost of service analysis incorporated modifications to the City’s existing rate structure to improve rate equity and align rates with the cost of providing service. Our proposed rates achieved a balance of customer affordability and long-term operating and capital needs and were adopted by the City in June 2025.

Our capacity charge study reviewed the City’s wastewater system infrastructure, existing and projected service demands, capital improvement needs, and current charges. We evaluated alternative methodologies for developing capacity charges and recommended updated charges based on a system buy-in approach to recover the cost of existing assets available to serve new development. Our recommended capacity charges were adopted by the City in June 2025.

BWA is currently in the process of conducting a water rate study for the City which include a review and update of the City’s water three-tiered water rates for single-family residential customers and the uniform volumetric rates for all customers that varies based on customer type (e.g. commercial, agricultural, University of California Santa Cruz and landscape irrigation). A key effort of this study is meeting with an ah-hoc committee to review various elements of the rate study (i.e. financial plan, cost of service analysis and rate structure evaluation) to gain input into the development of updated water rates for the City.

Reference: Kevin Crossley, PE, Assistant Director/City Engineer, [email protected], (831) 420 - 5164
Additional Reference for Project Manager
Kim Boehler, our proposed project manager for this study, recently joined Bartle Wells Associates and has 20 years of experience in public utility finance and has led approximately 150 utility rate and fee studies. Below is contact information for an additional client reference that she has worked with throughout her career at the Cities of Colton and Beaumont on various water and wastewater rate and capacity fee studies, addressing rate challenges like the ones in this study.

Amer Jakher, Interim Public Works Directo for City of Jurupa Valley (former Public Works Director for the Cities of Beaumont and Colton)
Phone: (951) 415-2403 / Email: [email protected] Additional references are available on request.

BARTLE WELLS ASSOCIATES Page 14
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises

6. Project Schedule
The figure below shows our proposed schedule for completion of this study. BWA will work with the City to develop a final schedule designed to meet the City’s objectives, if adjustments are needed.

Figure 3. Proposed Project Schedule

BARTLE WELLS ASSOCIATES Page 15
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises Appendix: Team Resumes
Kim Boehler, Principal Consultant
Kim Boehler is a principal consultant at Bartle Wells Associates where she manages financial planning, cost of service analyses, rate design and capacity fee studies for water, recycled water, wastewater and stormwater. utilities. Kim has over 20 years of experience providing these services to public utility agencies. She has advised over 50 public agencies and has a broad understanding of public agency funding needs from her experience, which includes special financing district administration, overhead cost allocation analysis, user fee studies and utility financial management. Kim’s experience prior to BWA includes serving as Project Manager for Black & Veatch, serving as Business Practice Leader regarding Financial Strategy for Clean Water Services (a public agency serving a population of over 600,000 in Oregon), and working with numerous agencies from all areas of California as a Director of the Utility Rate Practice at NBS Government Finance Group. Her experience includes development of a wide range of water and wastewater rate structures, rate recommendations designed to support financial stability, provide conservation incentives, and reflect the cost of providing service in compliance with the legal requirements of Proposition 218.

Education & Certifications
B.S., Finance – California State University San Bernardino Accounting for Governmental & Non-Profit Organizations Certificate – University of California, Riverside
Professional Memberships
American Water Works Association
Representative Projects
Projects include consulting assignments from BWA and prior positions.

City of Victorville/Victorville Water District (December 2025 – Current): Currently serving as Project Manager for a Capacity fee study for the City’s Industrial Wastewater Treatment Plant.

The City is served by two wastewater treatment plants, one regional treatment plant owned by a joint powers authority and the City-owned Industrial Wastewater Treatment Plant. In July 2026, Kim completed a comprehensive Water Rate Study for the Victorville Water District. Key objectives of this effort included developing a ten-year financial plan and an updated water rate structure to support the District’s $76 million capital improvement program. The study also adjusted the District’s existing rate structure, and updated rates for reclaimed water, untreated well water customers, and construction-related water use. Throughout the project, our project team worked in close coordination with District and City staff, the City’s Executive Team, Legal

BARTLE WELLS ASSOCIATES Page 16
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises Counsel, and City Council to develop water rate alternatives. New water rates were adopted by the City Council in July 2026.

Clean Water Services (November 2025 – Current): Currently serving as Project Manager for the District’s FY 2026/27 and multi-year rate planning process. Key objectives of this effort include developing a comprehensive ten-year financial plan and updated Sewer and Surface Water Management rate structures for the twelve cities and unincorporated county areas served by the District. The financial plan supports approximately $770 million in planned capital improvements, $140 million in annual operating and maintenance costs, $17 million in annual debt service obligations, and the management of approximately $400 million in reserve funds. Throughout the project, Kim has led the project team in close collaboration with District staff and the Executive Team to develop financial plan and rate alternatives.

City of Savannah, GA (2025): Developed a comprehensive financial plan for the City’s Water Utility which included a capital funding plan for the City’s $1.3 billion Capital Improvement Program. The plan includes the use of $1.2 billion in new debt, a $73 million grant, $73 million State funding, cash reserves, and additional cash financing from potential increase in rate revenue.

Aqua, North Carolina (2025): Completed an analysis and report for Aqua, NC that documented its Capital Investment Plan for the various water and sewer systems within the five rate entities it owns and operates throughout North Carolina. The report was included in Aqua, NC’s rate filing with the North Carolina Utilities Commission including a summary of both the Planned Capital Projects and the Corrective Capital Projects.

Clean Water Services (2021 – 2024): Served as project manager for the District’s strategic financial planning, cost of service study, rate and system development charge update efforts. A key accomplishment of this effort included a District-wide study that allocated all costs to the District’s sewer and stormwater utilities and the retail and wholesale customers within each utility. Other elements of this work included the development of a reserve fund policy, long-term financial plan, rate adjustment strategy, outreach and engagement plan, Indirect Cost Study and evaluated CWS’ capital improvement program planning practices and how to bring them in line with GFOA Best Practices.

Bighorn-Desert View Water Agency (2020 – 2021): Completed a Water Rate and Capacity Fee Study, which included developing a long-term financial plan, rate adjustment strategy and updated capacity fees to adequately reflect the cost of capital investments that have capacity to serve new development. Updated the water rate structure from a uniform volumetric rate to a tiered volumetric rate for residential and agriculture users to help incentivize water conservation, due to the surge of new agriculture users that were putting unsustainable strains on the water system. The study ensured rates would be sufficient to meet all operating needs, capital investments and that the District would maintain sufficient reserve funds.

City of Santa Monica (2018 – 2020): Completed a Wastewater Rate and Capital Facility Fee Study, which development of a long-term financial plan that ensured operating and capital needs would be met, including funding the City’s $200 million Sustainable Water Infrastructure project, and Kim Boehler, continued

BARTLE WELLS ASSOCIATES Page 17
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises evaluating various rate structures that would collect a greater percentage of revenue from fixed water meter charges and incorporating a modest fixed charge in the wastewater rate structure that was previously 100% volume-based. All study recommendations were reviewed in several meetings with the Task Force on the Environment, which was made up of 10-12 residents of the City.

Ironhouse Sanitary District (2017 – 2019): Completed a Wastewater Rate and Capacity Fee Study; the main objectives addressed in the rate study included: developing a long-term financial plan that provides sufficient funding to meet annual operating and capital improvement costs, ensuring the District would maintain adequate reserve funds while balancing capital outlays, and developing cost of service based rates that are proportional to the cost of service. The capacity fee study simplified the District’s fee schedule and established the cost for infrastructure needed to serve new development, on a per EDU basis.

Victorville Water District / City of Victorville (2016 – 2021): Completed a Water Rate Study that included a capital funding plan that would fund over $55 million in rehabilitation and replacement projects, updated the water rate structure and developed drought surcharges. Also completed a Sewer Rate Study that included a long-term financial plan to ensure sufficient funding for all operating expenses and $23 million in capital needs. A key part of this study was developing sewer rates and Industrial Pretreatment Program Fees for four significant industrial users that utilized the City’s Industrial Wastewater Treatment Plant (IWWTP) and collection system, and rates for all residential and commercial customers that utilize a combination of City-owned and operated collection system, the IWWTP and a regional wastewater treatment provider.

City of Hesperia (2017): Completed a Water, Sewer and Recycled Water Rate Study that developed a long-term financial plan and rates to fund water rights purchases and the utilities’ fair share of General Fund costs. Developed a cost-based tiered water rate structure, that would encourage water conservation and collect a greater percentage of revenue from fixed charges, to provide more revenue stability for the water utility. The City’s previous water rate structure collected 45 percent of revenue from the fixed charge. The rates adopted by the Council transitioned to collecting 55 percent of revenue from fixed charges in the final year of the rate adoption period, which moved the City much closer to how expenses were distributed.

City of Beaumont (2016): Completed a Sewer Rate and Capacity Fee Study that funded the expansion of the City’s wastewater treatment plant, which had exceeded its permitted capacity at the time the study began. Presented the results of the analysis to the City Council in several meetings, to support the decision-making process and evaluation of sewer rate alternatives. The wastewater treatment plant expansion required a significant amount of financing which will be repaid with a mix of rate revenue and capacity fees.

List of additional projects completed:
 Arvin Community Services District, CA: Water Rate Study  City of Arvin, CA: Sewer Rate Study
 Aqua, North Carolina: Capital Investment Plan Analysis and Documentation Kim Boehler, continued

BARTLE WELLS ASSOCIATES Page 18
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises  Avila Beach Community Services District, CA: Water and Sewer Rate and Connection Fee Study
 Azusa Light and Water, CA: Water Rate Study
 City of Beaumont, CA: Sewer Rate and Capacity Fee Study  Bellflower Mutual Water Company, CA: Water Rate Study  Bighorn-Desert View Water Agency, CA: Water Rate and Capacity Fee Study  Calaveras County Water District, CA: Water and Sewer Rate Study  Citrus Heights Water District, CA: Water Rate Study
 City of Colton, CA: Water Rate and Connection Fee Study  Clean Water Services, Hillsboro, OR: Wastewater and Stormwater Strategic Financial Planning
 City of Colton and Grand Terrace, CA: Sewer Rate Study  Cucamonga Valley Water District, CA: Water and Recycled Water Connection Fee Study  Cucamonga Valley Water District, CA: Water Rate Study  Culver City, CA: Sewer Rate Study
 Desert Water Agency, CA: Water, Sewer and Recycled Water Rate Study  Desert Water Agency, CA: Water Rate Analysis to Address Tribal/Non-Tribal Rates  Dixon-Solano Water Authority, CA: Water Rate Study
 East Valley Water District, CA: Water and Sewer Financial Plans  City of Fort Bragg, CA: Water, Sewer and Storm Drain Rate Study  City of Greenfield, CA: Water and Sewer Utility Revenue Requirement Analysis  City of Hesperia, CA: Water, Sewer and Recycled Water Rate Study  Hidden Valley Lakes Community Services District, CA: Water and Sewer Rate Study  Ironhouse Sanitary District, CA: Sewer Rate and Capacity Fee Study  City of Livermore, CA: Water Rate and Connection Fee Study  City of Long Beach, CA: Stormwater Funding Analysis
 City of Los Altos, CA: Storm Drain Master Plan Financing Analysis  City of Morgan Hill, CA: Water and Sewer Rate Study
 City of Pasadena, CA: Water Rate Study
 Philadelphia Water Department, PA: Water, Wastewater and Stormwater Rate Comparison
 City of Redding, CA: Water, Sewer and Solid Waste Rate Study and Connection Fee Analysis
 Rowland Water District, CA: Water Rate and Capacity Fee Study  Rural North Vacaville Water District, CA: Water Rate Study Kim Boehler, continued

BARTLE WELLS ASSOCIATES Page 19
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises  City of San Carlos, CA: Sewer Revenue Requirement Analysis  City of Santa Monica, CA: Water and Wastewater Rate and Capital Facility Fee Study  City of Santa Paula, CA: Water and Sewer Rate Study
 San Mateo County, CA: Sewer Rate Study
 City of Sausalito, CA: Sewer Rate Study
 City of Savannah, GA: Water Utility Comprehensive Financial Plan  City of Solvang, CA: Water and Sewer Rate and Connection Fee Study  City of Seal Beach, CA: Water and Sewer Rate Study
 City of Stanton, CA: Sewer Rate Study
 Suisun-Solano Water Authority, CA: Water Rate Study
 Sussex County, DE: Water, Sewer Rate and Capacity Fee Study and Oversizing Credit Analysis
 City of Taft, CA: Sewer and Solid Waste Rate Study
 City of Thousand Oaks, CA: Water and Sewer Rate Study  Twenty-Nine Palms Water District, CA: Water Rate and Capacity Fee Study  City of Vallejo, CA: Water Rate and Connection Fee Study  Victorville Water District, CA: Water Rate Study
 City of Victorville, CA: Sewer Rate Study
 City of Waterford, CA: Water and Sewer Rate and Connection Fee Study  West County Wastewater District, CA: Sewer Rate and Connection Fee Study Kim Boehler, continued

BARTLE WELLS ASSOCIATES Page 20
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises ERIK HELGESON, President
Erik Helgeson is president of Bartle Wells and Associates with fifteen years of utility finance experience. His areas of expertise include the development of financial plans, ratemaking, and policy solutions for water, wastewater, recycled water, stormwater and solid waste utilities. His experience includes both working for a public utility as a senior finance analyst for Denver Water and as a utility rate consultant helping agencies develop financial plans and equitable rates aligned with their objectives. Erik has extensive expertise in working with executive level staff and assisting in strategic decisions. He is knowledgeable about the legal requirements governing utility rates and fees. He currently serves on the American Water Works Association (AWWA) Rates and Charges Committee and has presented at the AWWA Utility Management Conference.

Education
M.B.A., Entrepreneurship – University of Colorado, Denver B.A., Business Administration – Gonzaga University
Professional Memberships & Certifications
American Water Works Association – Member of Rates and Charges Committee MSRB-Registered Municipal Advisor (Series 50)
Representative Projects
 Alameda County, CA Reviewed proposed wheeling charges on behalf of the local agency partners working on the Los Vaqueros Dam expansion project.  Arapahoe Parks and Recreation District, CO: Reviewed water rates for fairness  City of Benicia, CA: Water and wastewater rate and connection fee studies  Big Bear City CSD, CA: Project manager for a water, sewer and solid waste cost-of-service rate studies
 Carlsbad, CA: Played a key role in completing the 2016 water cost of service study. Created a supply-based cost allocation and supply layered, tiered, water rate design  Castle Pines North Metropolitan District, CO: Lead consultant providing annual water and wastewater financial plans and rate study updates
 Clean Water Services, OR: Wastewater and stormwater financial plan and five-year rate plan development
 Fallbrook PUD, CA: Project manager for a water, sewer and recycled water rate study  City of Hemet, CA: Water budget rate design and cost of service study

BARTLE WELLS ASSOCIATES Page 21
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises  Humboldt Bay Municipal Water District, CA: Lead consultant providing 10-year financial plan update
 City of Imperial, CA: Lead consultant providing water and wastewater financial plans and rate studies
 King City, CA: Wastewater financial plan and rate study  Las Gallinas Valley Sanitary District, CA: Support for annual budget process  Leland Meadows CSD, CA: Project manager for water and sewer rate studies  City of Lindsay, CA: Project manager for water and sewer rate studies and infrastructure use fee study
 Madera County, CA: Project manager providing rate studies for twenty-three of the county’s water and sewer special service districts
 Marin Municipal Water District, Marin, CA: Project manager for 2022 water and recycled water rate study and 2025 capacity charge study. Analyst supporting the rate study update in 2016.
 City of Modesto, CA: Project manager for water and wastewater financial plans and rate studies
 Modesto Irrigation District: Designed an allocation methodology between the district’s domestic water, irrigation, and electric enterprises.
 Panoche Water District, CA: Prop. 218 Assessment Election  City of Paso Robles, CA: Water and wastewater rate studies  City of Patterson, CA: Solid waste rate study
 Pico Water District, CA: Project manager for a water financial plan and cost-of-service rate study
 City of Placerville, CA: Analytical support for water financial plans and rate studies.  The Cities of Pinole and Hercules, CA: Assisted the cities with the co-financing of a wastewater project with SRF loans. This included the design of the payment and reimbursement process, the administration of the process, and navigating the State requirements.
 City of Riverbank, CA: Project Manager for solid waste rate and sewer rate and connection fee studies
 Sacramento County Water Authority, Sacramento, CA: Lead analyst supporting water financial plan and rate study
 City of San Juan Bautista, CA: Water and Wastewater rate and capacity fee studies  San Luis Water District, CA: Prop. 218 Assessment Election Erik Helgeson, continued

BARTLE WELLS ASSOCIATES Page 22
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises  San Miguel Community Services District, CA: Project manager providing water and wastewater financial plans and rate studies. The District was nearing insolvency and large rate increases were needed to save the District.
 Union Sanitary District, CA: Wastewater capacity fee study  City of Vacaville, CA: Water and wastewater capacity fee studies  City of Willits, CA: Lead consultant providing water and wastewater financial plans and rate studies
Public Utility Experience
Denver Water, Denver, CO:

Senior Finance Analyst- Assisted with the annual cost of service study and financial plan, provided regular revenue reports, and oversaw the gathering and reporting of metrics to support Denver Water’s organizational improvement initiatives. As the lead analyst on the initiative to change the rate design he facilitated research (customer survey and affordability study), performed rate design analysis, and assisted with stakeholder outreach (municipalities, customers, business representatives, non-profits, and Denver Water executives and Board) which led to the adoption of new rate structures. He coordinated the implementation efforts between various business units to ensure a successful rollout of the new rates and rate structures.

Erik Helgeson, continued

BARTLE WELLS ASSOCIATES Page 23
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises Ashli Wong, Financial Analyst
Ashli Wong is a financial analyst with Bartle Wells Associates. She helps public agencies develop financial plans, utility rate studies and capacity charge studies. She works closely with agency staff and other consultants to develop financial models, evaluate rate and fee alternatives, and analyze customer usage and billing data. She also assists with development of recommendations designed to reflect each agency’s goals and objectives. Ashli has helped a wide range of public agencies go through the Proposition 218 rate increase process to adopt rates that support their operating and capital funding needs.

Ashli has prior public agency experience working in the internal audit office of the County of Santa Barbara.

Education
B.A., Economics – University of California, Santa Barbara Representative Projects
 Castro Valley Sanitary District, CA: Wastewater capacity fee study and Special sewer rate development.
 Clean Water Services, OR: Wastewater and stormwater financial plan and five-year rate plan development.
 City of Davis, CA: Wastewater rate study.
 Eastern Sierra CSD, CA: Wastewater rate and capacity fee study.  Fresno County Waterworks District #18, CA: Water and wastewater rate study.  Humboldt Bay Fire, CA: Fire suppression assessment.
 Knights Ferry CSD, CA: Water rate study.
 Los Alamos CSD, CA: Water and sewer rate and capacity fee study.  Madera County, CA: Water and wastewater rate studies.  Malaga County Water District, CA: Water and wastewater rate study.  Mariposa County, CA: Water and wastewater rate studies.  City of Modesto, CA: Water and wastewater rate study.  City of Monterey, CA: Wastewater rate and capacity fee study.  City of Oroville, CA: Water and wastewater rate studies.  Oro Loma Sanitary District, CA: Wastewater rate study.  City of Patterson, CA: Solid waste rate study.
 City of San Leandro, CA: Sewer rate study.
 Sewerage Commission – Oroville Region, CA: Wastewater rate and capacity fee study.

BARTLE WELLS ASSOCIATES Page 24
Proposal to the City of Colton for a Rate Analysis for Water & Sewer Enterprises  City of Simi Valley, CA: Water and sewer rate and capacity fee study.  South Feather Water and Power Agency, CA: Water rate study.  City of Victorville, CA: Water rate study.
 City of Willits, CA: Water and wastewater rate study.

Public Agency Experience
Auditor-Controller, Santa Barbara, CA:

Internal Audit Intern – Assisted in audit reviews and reconciliations on financial accounts for Santa Barbara public departments to minimize risks and ensure financial accuracy. She also consulted these agencies by analyzing business practices and suggesting internal controls to improve operational effectiveness.

Ashli Wong, continued

(BB&K 2018)
23152.06000\30453088.2 Exhibit “B”-1
EXHIBIT "B"

SCHEDULE OF SERVICES
The Rate Analysis Services will commence upon full execution of the contract for the period from October 6, 2026 to June 30, 2027. The parties may mutual agree to extend the term of the agreement if there is a need in order to complete the scope of work.

(BB&K 2018)
23152.06000\30453088.2 Exhibit “C”-1
EXHIBIT "C"

COMPENSATION
See Attached Cost Proposal

City of Colton
Estimate of Consulting Fee for: Rate Analysis for
Water & Sewer Enterprises

2625 Alcatraz Ave, 602
Berkeley, CA 94705
Tel 510 315 5235
www.bartlewells.com
September 10, 2026
City of Colton
Chad Blais, Public Works & Utility Services Director
160 S 10th Street
Colton, CA 92324
Subject: Estimate of Consulting Fee for Rate Analysis for Water & Sewer Enterprises We are pleased to submit Bartle Wells Associates’ (BWA) proposal to prepare a Rate Analysis for Water & Sewer Enterprises for the City of Colton. This proposal includes our proposed budget for this study.

The scope of work, schedule, and a description of our firm’s qualifications including background and resumes for the project team are included in our technical proposal, under a separate cover.

We appreciate the opportunity to assist the City with this project and are ready to start working at your direction. Please contact me at [email protected] or 510.315.5235 if you have any questions or need additional information. Our proposal is valid for a period of 90 days from the date of submittal.

Sincerely,
Kim Boehler Erik Helgeson
Principal/Project Manager President/Authorized Signer

BARTLE WELLS ASSOCIATES Page 1
Cost Proposal to City of Colton for a Rate Analysis for Water & Sewer Enterprises Estimate of Consulting Fee
The table below provides the proposed project budget by task to perform a Rate Analysis for Water & Sewer Enterprises for the City of Colton. We are available to work with the City to refine the scope and budget as needed to meet the City’s objectives and expectations.

Table 1. Proposed Project Budget
The scope of work for the two additional tasks is provided below.

Task 8. Prepare Proposition 218 Notice
BWA will prepare the Proposition 218 notice that is required to be mailed to each customer/property owner to notify them of the City’s intent to adopt new water and sewer rates and provide the date, time and place of the public hearing. The notice must be reviewed and approved by the City Attorney prior to being mailed.

Task 9. Support in Preparing Response to Written Objections BWA will provide support to the City in reviewing and responding to valid written objections to proposed water and sewer rate adjustments. Responses prepared by BWA must be reviewed and approved by City Staff and/or City Attorney prior to being sent to customers/property owners.

Kim
Boehler
Project
Manager
Erik
Helgeson
Technical
Review
Ashli
Wong
Project
Analyst
Total Staff
Hours
Hourly Rates $290 $290 $155
Task 1. Kick-off Meeting and Data Collection 4 1 8 13 $2,690 Task 2. Long-Range Financial Plan 18 4 40 62 $12,580
Task 3. Cost of Service Analysis 18 4 36 58 $11,960
Task 4. Rate Design Analysis 16 4 32 52 $10,760
Task 5. Rate Study Report 8 2 16 26 $5,380
Task 6. Meetings and Presentations 26 2 26 54 $12,150
Task 7. Rate Models 2 0 4 6 $1,200
Subtotal 92 17 162 271 $56,720
Additional Tasks
Task 8. Prepare Proposition 218 Notice 8 2 8 18 $4,140
Task 9. Support in Preparing Response to Written Objections 14 2 0 16 $4,640 Grand Total 114 21 170 305 $65,500
Direct Expenses $0
Total Cost $65,500
City of Colton
Rate Analysis for Water & Sewer Enterprises
Consultant Labor Hours
Cost

BARTLE WELLS ASSOCIATES Page 2
Cost Proposal to City of Colton for a Rate Analysis for Water & Sewer Enterprises

AVAILABILITY & FEES

1. Bartle Wells Associates is prepared to begin work upon authorization to proceed. During the project, Bartle Wells Associates will be available at all reasonable times and on reasonable notice for phone calls, teleconferences, meetings and consultation as necessary.

2. Bartle Wells Associates will perform all work related to the assignment. Kim Boehler, a firm principal, will be assigned as project manager and will and will be involved with the project on a day-to-day basis. Kim will be supported by Erik Helgeson for technical review, and assisted by Ashli Wong, project analyst. Other BWA consultants are available to assist as needed.

3. The fees for services outlined in this proposal will not exceed $65,500. The fee is based on the following assumptions:
a. All necessary information will be provided by the City in a timely manner. b. Development of a draft and final versions of tables, presentations, and reports. Time and expenses involved in revising tables and assumptions or developing additional versions of documents may constitute additional services if not achievable within the budget. c. Up to five (5) public presentations will be provided. Additional presentations may constitute additional services if not achievable within the budget. d. Support provided to the City in responding to written objections (Task 9) is limited to 16 hours of staff time. Any additional time spent on this task will be billed at the hourly rates stated in our Billing Rate Schedule 2026.

4. Progress payments and direct expenses are payable on a time and materials basis as the work proceeds as provided in our Billing Rate Schedule 2026, which will remain in effect through the duration of this assignment.

5. In addition to the services provided under this proposal, Bartle Wells Associates may be authorized to perform additional services for which we will be compensated on a time and materials basis according to our Billing Rate Schedule. Additional services may include, but are not limited to additional meetings or presentations, substantial changes in project scope, and other services.

6. For the services in this proposal, Bartle Wells Associates is serving as a utility rate and finance consultant but is not serving in the capacity as a Municipal Advisor regarding the issuance of debt. Any regulated Municipal Advisory activity would need to be authorized via a separate agreement.

7. Bartle Wells Associates will provide independent, expert advice based on our industry experience but is not a law firm and defers to our clients’ legal counsel for legal advice.

8. If the project is terminated for any reason, Bartle Wells Associates is to be reimbursed for professional services and direct expenses incurred up to the time we receive notification of such termination.

BARTLE WELLS ASSOCIATES Page 3
Cost Proposal to City of Colton for a Rate Analysis for Water & Sewer Enterprises

9. We will not require a formal contract of employment and will consider a letter or email from an appropriate official as sufficient authority to proceed.

10. This proposal may be withdrawn or amended if not accepted within 90 days of its date.

BARTLE WELLS ASSOCIATES Page 4
Cost Proposal to City of Colton for a Rate Analysis for Water & Sewer Enterprises

BARTLE WELLS ASSOCIATES
BILLING RATE SCHEDULE 2026
Rates Effective 1/1/2026
Professional Services
Financial Analyst I..................................................................................... $135 per hour Financial Analyst II ................................................................................... $155 per hour Associate Consultant................................................................................ $175 per hour Consultant ............................................................................................... $200 per hour Senior Consultant..................................................................................... $225 per hour Project Manager/Technical Expert........................................................... $260 per hour Principal Consultant ................................................................................ $290 per hour The hourly rates for professional services include all overhead and indirect expenses. Bartle Wells Associates does not charge for administrative support services. Expert witness, legal testimony, or other special limited assignments will be billed at one and one-half times the consultant’s hourly rate.

The above rates will remain in effect through the duration of this project.

Direct Expenses
Reimbursable or direct expenses incurred on behalf of the agency will be billed at cost. These reimbursable costs include, but are not limited to:
 Travel, meals, lodging  Automobile mileage
 Printing and photocopying  Messenger services and mailing costs  Special statistical analysis  Graphic design and photography  Outside computer services  Special legal services
 Bond ratings  Legal advertisements
Insurance
Bartle Wells Associates maintains insurance in the amounts and coverage as provided in the schedule of insurance included in our technical proposal. Additional or special insurance, licensing, or permit requirements beyond what is shown on the schedule of insurance are billed in addition to the contract amount.

Payment
Fees are typically billed monthly or bi-monthly for the preceding work period and are due and payable within 30 days of the date of the invoice. A late charge of 1.0 percent per month may be applied to balances unpaid after 60 days.

Item: 6.

Staff Report
Meeting Date: October 6, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Notice of Completion - File Notice of Completion for Community Development Block Grant (CDBG) Colt-25-1-03k-0326 Alley Paving & Sidewalk Improvements Project by Onyx Paving Company, Inc.

Recommended Action:

Approve the execution and recordation of the Notice of Completion for the Community Development Block Grant (CDBG) Colt-25-1-03K-0326 Alley Paving & Sidewalk Improvement project completed by Onyx Paving Company, Inc.

Background:

On December 17, 2024, the City Council adopted Resolution No. R-122-24, approving the final prioritized list of CDBG projects, including the CDBG COLT-25-1-03K-0326 Alley Paving and Sidewalk Improvement project. The scope of work included pavement rehabilitation, new curb & gutter, and remove & replace identified sidewalk along the following streets and alleys:
• Alley paving - between F St. and G St., 12th St. to 13th St. • Alley paving – between E St. and F St., 12th St. to west end • Alley paving – between C St. and D St., east of Pennsylvania Ave. • Sidewalk installation – area north of Citrus bet. Mt. Vernon Ave. and Bordwell Ave.

Issues/Analysis:

On April 21, 2026, the City Council awarded a construction contract to Onyx Paving Company, Inc. for the project in the amount of $333,000.00. There was one change order in the amount of $14,803.00. The construction is now complete.

Fiscal Impacts:

There is no additional fiscal impact associated with filing the Notice of Completion. The funding

spent for this project comes from the following account numbers.

The total construction costs are as
follows.
215-2625-6920-3890-0000-000 $59,472.49
215-2626-6920-3890-0000-000 $64,000.00
215-2627-6920-3890-0000-000 $64,000.00
215-2628-6920-3890-0000-000 $64,000.00
215-2629-6920-3890-0000-000 $81,527.51
215-2625-6920-3890-0000-000 $14,803.00
Original Contract
Amount
$333,000.00
Change Order #1 $14,803.00
Total $347,803.00
Alternatives:

Provide alternative direction to staff.

Attachments:

1. Notice of Completion - CDBG 0326 Alley Paving & Sidewalk Improvement, Onyx Paving Company Inc.

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
Name: City of Colton
Street 650 N. La Cadena Drive
Address
City & Colton, California
State California
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:

1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is Victor Ortiz, P.E

3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324.

4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).

5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:

Names Addresses

N/A N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):

Names Addresses

N/A N/A

7. A work of improvements on the property hereinafter described was completed on JULY 15, 2026.

8. The name of the original contractor, if any, for the work of improvement was ONYX PAVING COMPANY, INC. The kind of work done or material furnished was the CDBG COLT-25-1-03K-0326 ALLEY PAVING & SIDEWALK IMPROVEMENT.

9. The property on which the work of improvement was completed is in the CITY OF COLTON, County of SAN BERNARDINO, State of California, and is described as follows: 160 S 10TH ST AND VARIOUS LOCATIONS THROUGHOUT THE CITY.

Dated: ________ ______________________________________(Signature) Victor Ortiz, P.E., City Engineer, City of Colton

VERIFICATION
I, the undersigned say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at _______Colton_________, California, this _____________ day of ___________, 2026. _______________________________________
Victor Ortiz, P.E., City Engineer, City of Colton

Item: 7.

Staff Report
Meeting Date: October 6, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Chad Blais, PW & Utility Services Director Item Name: Notice of Completion - File and Record Notice of Completion for Asphalt Paving Project by Matich Corporation.

Recommended Action:

Approve the execution and recordation of the Notice of Completion for the Asphalt Paving project completed by Matich Corporation.

Background:

The Asphalt Paving project focuses on improving the City’s arterial and local streets. The scope of work includes rubberized asphalt paving, asphalt grinding, traffic signal loops, and pavement striping and markings. The project is funded by Measure I, SB-1 and local funds. The project took place at 21 various locations throughout the City.

Issues/Analysis:

On April 21, 2026, the City Council awarded a construction contract to Matich Corporation for the Asphalt Paving project in the amount of $1,624,896.00. There were no change orders. The construction is now complete.

Fiscal Impacts:

There is no additional fiscal impact associated with filing the Notice of Completion. The funding expended for this project comes from the following account numbers. 212-2609-6150-3890-0000-000 $105,910.00
212-2610-6150-3890-0000-000 $72,345.00

The construction
costs are as follows:
212-2606-6150-3890-0000-000 $102,173.00
212-2607-6150-3890-0000-000 $56,026.00
212-2608-6150-3890-0000-000 $177,566.00
212-2612-6150-3890-0000-000 $37,538.00
212-2611-6150-3890-0000-000 $104,162.01
212-2601-6150-3890-0000-000 $71,214.87
212-2602-6150-3890-0000-000 $76,722.71
212-2613-6150-3890-0000-000 $134,740.00
212-2604-6150-3890-0000-000 $122,950.00
212-2605-6150-3890-0000-000 $22,750.00
212-2603-6150-3890-0000-000 $116,850.00
218-2614-6150-3890-0000-000 $44,680.02
218-2615-6150-3890-0000-000 $20,081.65
218-2312-6150-3890-0000-000 $32,767.82
218-2616-6150-3890-0000-000 $114,922.18
605-6150-6211-3890-0000-000 $59,638.10
240-2631-6150-3890-0000-000 $151,858.64
Original Contract Amount $1,624,896.00
Change Order(s) $0.00

Total $1,624,896.00
Alternatives:

Provide alternative direction to staff.

Attachments:

1. Notice of Completion - Asphalt Paving, Matich Corp.

RECORDING REQUESTED BY

AND WHEN RECORDED MAIL TO
Name: City of Colton
Street 650 N. La Cadena Drive
Address
City & Colton, California
State California
Zip 92324
SPACE ABOVE THIS LINE FOR RECORDER’S USE
Notice of Completion
NOTICE IS HEREBY GIVEN THAT:

1. The City of Colton is the owner of the interest or estate stated below in the property hereinafter described.

2. The full name of the undersigned is Victor Ortiz, P.E

3. The full address of the undersigned is 650 N. La Cadena Drive, Colton, CA 92324.

4. The nature of the title of the undersigned is City of Colton is the owner in fee, of a certain public improvement (E.G. owner in fee OR vender under contract of purchase OR lessee OR OTHER APPROPRIATE DESIGNATION).

5. The full names and full addresses of all persons, if any, who holds title with the undersigned as joint tenants or as tenants in common are:

Names Addresses

N/A N/A

6. The names of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work of improvement herein referred to are (OR IF NO TRANSFER WAS MADE, INSERT THE WORD “none”):

Names Addresses

N/A N/A

7. A work of improvements on the property hereinafter described was completed on SEPTEMBER 11, 2026.

8. The name of the original contractor, if any, for the work of improvement was MATICH CORPORATION. The kind of work done or material furnished was the PW-0106 ASPHALT PAVING PROJECT.

9. The property on which the work of improvement was completed is in the CITY OF COLTON, County of SAN BERNARDINO, State of California, and is described as follows: 160 S 1OTH STREET AND VARIOUS LOCATIONS THROUGHOUT THE CITY.

Dated: ________ ______________________________________(Signature) Victor Ortiz, P.E., City Engineer, City of Colton

VERIFICATION
I, the undersigned say:

I am the person who signed the foregoing notice. I have read the above notice and know its contents, and the facts stated therein are true of my own knowledge.

I declare under penalty of perjury that the foregoing is true and correct.

Executed at _______Colton_________, California, this _____________ day of ___________, 2026. _______________________________________
Victor Ortiz, P.E., City Engineer, City of Colton

Item: 8.

Staff Report
Meeting Date: October 6, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Tom Miller, Electric Utilities Director
Item Name: Purchase - Approve the Sole Source Purchase of Electric Metering Security Equipment and Supplies from Inner-Tite Corp., pursuant to Colton Municipal Code Section

3.08.140(b), in the Amount of $148,818.82.

Recommended Action:

Approve the sole-source purchase of electric metering security and tamper-prevention equipment from Inner-Tite Corp. in the amount of $148,818.82, pursuant to Colton Municipal Code Section

3.08.140(b).

Background:

The Colton Electric Utility (CEU), Substation Division, has utilized Inner-Tite Corp. metering security and tamper-prevention equipment for several years. In 2009, CEU transitioned to InnerTite’s proprietary “Agbay” keyed security locking system. The Agbay system incorporates a patented high-security barrel lock, and Inner-Tite has established an exclusive key combination specifically for CEU.

These security devices protect CEU’s revenue metering equipment from unauthorized access, tampering, and removal. The Agbay locking system also provides multiple levels of security, allowing CEU to increase security measures as operational needs evolve. CEU currently utilizes Level 1 of the available security levels.

Issues/Analysis:

As part of CEU’s ongoing electric meter replacement program, staff continues to replace and upgrade revenue metering equipment throughout the electric system. In conjunction with these efforts, CEU has expanded its metering security measures to further protect revenue metering equipment, deter tampering, and prevent unauthorized access. The proposed purchase includes meter locking devices, security seals, access lock boxes, and related equipment necessary to support ongoing meter replacements and enhance the security of CEU’s revenue metering

infrastructure.

Colton Municipal Code Section 3.08.140(b) permits the City Council to waive competitive bidding requirements for non-public projects “when the City Council determines, in accordance with applicable law, that a competitive market does not exist and that no competitive advantage will be gained by the public bidding process.” CEU currently utilizes Inner-Tite locking devices and security products as part of its standardized metering security system. Inner-Tite manufactures Rhino meter locking devices and holds the patent for the proprietary Agbay locking design used by CEU. In addition, Inner-Tite does not sell these products through distributors.

Because the required equipment is proprietary, must be compatible with CEU’s existing Agbay security system and exclusive key configuration, and is available only directly from Inner-Tite, no competitive market exists for the specified equipment. Accordingly, a formal competitive bidding process would not provide a competitive advantage to the City.

Staff therefore recommend that the City Council authorize the sole-source purchase of the specified electric metering security and tamper-prevention equipment from Inner-Tite Corp. in the amount of $148,818.82.

Fiscal Impacts:

Sufficient appropriations for the purchase of the electric metering security and tamper-prevention equipment are available in the adopted FY 2026/27 budget in Electric Utility Fund Meters Capital Improvement Account Number 520-8000-8024-3890-0107-000.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Inner Tite Corp Quote 09-10-2026

2. Inner-Tite Sole Source Letter 09.14.26

Quote
110 INDUSTRIAL DR HOLDEN, MA, 01520
Phone : 508-829-6361 [email protected]
Quote No. 80009335 (1)
Date : 09/10/2026
Contact : JASON PENUNURI
Phone : 909-841-6166
Bill To 0092-000

CITY OF COLTON

FINANCE DEPARTMENT,
650 N. LA CADENA DRIVE
COLTON, CA, 92324, USA
Ship To 0092-001

CITY OF COLTON ELECTRIC DEPARTMENT
150 SOUTH 10TH STREET,
*NO FRIDAY DELIVERIES*
COLTON, CA, 92324,USA
Price Request Terms Carrier FOB
Net 30 days SEE BELOW Holden, MA
Expiration Date
10/10/2026
Sales Rep Currency Ship Method Tax Group
West Coast (008000) USD SB CA8
No. Qty
Lead Time
(Days) Unit Price Amount
1 20
UN
EA
Item
V140­41089 60 $41.0800 $821.6000
2 20 EA E-0920P
Description KEY, AGBAY, ANTI-ROTATION WITH SLIDING BODY AND LARGE BLADE LEVEL 1 FOR THE CITY OF COLTON
PACKAGED: N/A
KIT, PULLER, BARREL LOCK, CLAM SHELL, INCLUDES: LOCK

PULLER, ALLEN WRENCH, NEVER-SEEZ AND BLACK CARRY
CASE
PACKAGED: N/A
60 $145.8800 $2,917.6000
3 20 EA E-0168 BARREL LOCK CLEANING TOOL
PACKAGED: N/A
60 $22.8400 $456.8000
4 10,000 EA C-2XXX* CLEARSEAL ASSEMBLY *CUSTOMER TO ADVISE AS TO REQUESTED INSERT COLOR.

ONE SIDE OF THE OPAQUE COLORED INSERT IS IMPRINTED

WITH UP TO SEVEN ALPHA CHARACTERS FOR COMPANY

IDENTIFICATION AND THE OPPOSITE SIDE IS IMPRINTED WITH
A SEVEN DIGIT SEQUENTIAL SERIAL NUMBER. STANDARD
IMPRINT IS 1/8" HIGH CHARACTERS IN BLACK COLOR.

OPTIONAL IMPRINT COLORS OF WHITE, GREEN OR RED IS
AVAILABLE UPON REQUEST.

PACKAGED: 100 PIECES PER BAG; 3,000 PIECES PER CARTON
PRICING IS VALID FOR QUANTITIES OF 10,000-24,999 PIECES PER COLOR/IMPRINT.

NOTE: CLEARSEAL METER SEALS ARE SECURITY DEVICES
AND MUST SHIP DIRECTLY TO THE CITY OF COLTON. ALL

ALPHA IMPRINT AND SERIAL NUMBER INFORMATION MUST BE
CLEARLY NOTED ON YOUR PURCHASE ORDER. AS

CLEARSEAL METER SEALS ARE CUSTOM MANUFACTURED
THEY ARE NOT RETURNABLE.
60 $0.4520 $4,520.0000
INNERT 09/10/2026 02:58:17 PM http://RD-INNERTITE-01:49113/ReportServer//GeniusReports/Quote/InnerTite- stdrptQuotes 1/4 F 8.0-13, REV. 0

Quote
110 INDUSTRIAL DR HOLDEN, MA, 01520
Phone : 508-829-6361 [email protected]
Quote No. 80009335 (1)
Date : 09/10/2026
Contact : JASON PENUNURI
Phone : 909-841-6166
No. Qty UN
Lead Time
(Days) Unit Price Amount
5 5,000 EA
Item
C4-00XX-06N* Description

TWIST-TITE WIRE SEAL ASSEMBLY, OPAQUE COLORED INSERT
CLEAR BODY,6 INCH NYLON COATED STAINLESS STEEL WIRE *INSERT COLOR TO BE SPECIFIED BY THE CITY OF COLTON.

THE TOP LINE ON THE SPECIAL TAB OF THE CLEAR BODY IS

IMPRINTED WITH UP TO SEVEN ALPHA CHARACTERS FOR

COMPANY IDENTIFICATION AND THE LOWER LINE IS

IMPRINTED WITH A SEVEN DIGIT SEQUENTIAL SERIAL
NUMBER. STANDARD IMPRINT IS 3/32" HIGH CHARACTERS IN
BLACK COLOR. PACKAGED: 100 PIECES PER BAG; 5,000 PIECES PER CARTON

PRICING IS VALID FOR THE PURCHASE OF QUANTITIES FROM
5,000 TO 9,999 PIECES PER INSERT COLOR/WIRE
TYPE/IMPRINT.

NOTE: TWIST-TITE WIRE SEALS ARE SECURITY DEVICES AND
MUST SHIP DIRECTLY TO THE CITY OF COLTON. ALL ALPHA

IMPRINT AND SERIAL NUMBER INFORMATION MUST BE
CLEARLY NOTED ON YOUR PURCHASE ORDER. AS TWIST-TITE

WIRE SEALS ARE CUSTOM MANUFACTURED THEY ARE NOT
RETURNABLE.
60 $0.5120 $2,560.0000
6 3,000 EA V140-P45129-
0770H

METER LOCKING RING, RHINO HINGED, CARBON STEEL WITH

PERMANENT SEALING TAB, PRELOADED WITH AGBAY BARREL

LOCK, PRELOAD, STANDARD LENGTH, CARBON STEEL WITH
INTERNAL WEATHER SEAL LEVEL 1 FOR CITY OF COLTON
PACKAGED: 50 PIECES PER CARTON - PLEASE ORDER IN
CARTON QUANTITIES.

PRICING IS VALID FOR THE PURCHASE OF QUANTITIES FROM
1,000 TO 4,999 PIECES.
60 $27.5600 $82,680.0000
7 30 EA V140­P45129­0930
­PL
60 $21.8400 $655.2000
8 30 EA V140­P45129­0960­
PL

JIFFY LOCK WITH SIDE MOUNT CLAMP T-HANDLE CLAMP SCREW

AND PERMENANT SEALING TAB PRELOADED WITH STANDARD

LENGTH CARBON STEEL AGBAY BARREL LOCK
PACKAGED: 30 PIECES PER CARTON - PLEASE ORDER IN
CARTON QUANTITIES.

JIFFY LOCK WITH UNIVERSAL MOUNT CLAMP, L­HANDLE CLAMP

SCREW AND PERMANENT SEALING TAB PRELOADED WITH

STANDARD LENGTH CARBON STEE AGBAY BARRL LOCK
PACKAGED: 30 PIECES PER CARTON - PLEASE ORDER IN
CARTON QUANTITIES.
60 $23.4400 $703.2000
9 144 EA V140-P45129-0170-
PL

PADLOCK, FAS'N TITE, PRELOADED WITH AGBAY BARREL

LOCK, PRELOAD, STANDARD LENGTH, CARBON STEEL WITH
ANTI-ROTATION EARS AND INTERNAL WEATHER SEAL. THE

LOCK TO BE ASSEMBLED IN THE PRE-LOAD
POSITION LEVEL 1 FOR CITY OF COLTON
PACKAGED: 144 PIECES PER CARTON - PLEASE ORDER IN
CARTON QUANTITIES.
60 $16.6800 $2,401.9200
10 144 EA E-S1170-PL PADLOCK, FAS'N TITE, PRELOADED WITH STANDARD LENGTH

CARBON STEEL ANKER BARREL LOCK WITH INTERNAL

WEATHER SEAL
PACKAGED: 144 PIECES PER CARTON - PLEASE ORDER IN
CARTON QUANTITIES.
60 $9.3600 $1,347.8400
11 18 EA V140­45119­W
­0200­01

WATER VALVE LOCKING DEVICE WITH SHORT LENGTH CARBON

STEEL AGBAY BARREL LOCK
PACKAGED: 18 PIECES PER CARTON - PLEASE ORDER IN
CARTON QUANTITIES.
60 $32.0800 $577.4400
INNERT 09/10/2026 02:58:17 PM http://RD-INNERTITE-01:49113/ReportServer//GeniusReports/Quote/InnerTite- stdrptQuotes 2/4 F 8.0-13, REV. 0

Quote
110 INDUSTRIAL DR HOLDEN, MA, 01520
Phone : 508-829-6361 [email protected]
Quote No. 80009335 (1)
Date : 09/10/2026
Contact : JASON PENUNURI
Phone : 909-841-6166
No. Qty UN Item Description
Lead Time
(Days) Unit Price Amount
12 18 EA W-S1200-01 GAS/WATER VALVE LOCKING DEVICE WITH SHORT LENGTH

CARBON STEEL ANKER BARREL LOCK WITH INTERNAL

WEATHER SEAL
PACKAGED: 18 PIECES PER CARTON - PLEASE ORDER IN
CARTON QUANTITIES.
60 $25.3600 $456.4800
13 200 EA V140­45119­0730F 60 $21.0400 $4,208.0000
14 200 EA V140­45119­0730Y 60 $20.5200 $4,104.0000
15 100 EA V140­45119­0740D 60 $18.7200 $1,872.0000
16 100 EA V140­45119­0740X 60 $17.6000 $1,760.0000
17 48 EA E-0005-2A
MITEY LOCK ASSEMBLY, 10-32 X 3/4" LONG STUD WITH

SLABBED SPACER BUSHING, WITH SHORT LENGTH CARBON
AGBAY BARREL LOCK LEVEL 1 CITY OF COLTON
PACKAGED: N/A
MITEY LOCK ASSEMBLY, 1/4"-20 X 1-1/4" LONG STUD WITH

CYLINDRICAL SPACER BUSHING, WITH SHORT LENGTH
CARBON STEEL AGBAYBARREL LOCK LEVEL 1 CITY OF COLTON
PACKAGED: N/A
MITEY LOCK ASSEMBLY, 10-32 FEMALE NUT, WITH STANDARD
LENGTH CARBON STEEL AGBAY BARREL LOCK LEVEL 1 CITY OF
COLTON
PACKAGED: N/A
MITEY LOCK ASSEMBLY, 1/4"-20 FEMALE NUT, WITH SHORT
LENGTH CARBON STEEL AGBAY BARREL LOCK LEVEL 1 CITY OF
COLTON
PACKAGED: N/A
SECURITY COVER, UNIVERSAL METER SOCKET, COLOR:

CLEAR
PACKAGED: 48 PIECES PER CARTON
PRICING IS VALID FOR THE PURCHASE OF QUANTITIES FROM 1
-99 PIECES.
60 $2.3200 $111.3600
18 50 EA M-0049 REPLACEMENT SEALING TAB

FOR RINGLESS METER SOCKETS
PACKAGED: 50 PIECES PER CARTON
PRICING IS VALID FOR THE PURCHASE OF QUANTITIES FROM 1
-99 PIECES.
60 $3.4800 $174.0000
19 50 EA M-0045X REPLACEMENT HASP WITH 5/16" DIAMETER HOLE FOR

RINGLESS METER SOCKETS
PACKAGED: 50 PIECES PER CARTON
PRICING IS VALID FOR THE PURCHASE OF QUANTITIES FROM 1
-99 PIECES.
60 $2.5200 $126.0000
20 297 EA V140-P45129-9710 ACCESS LOCK BOX

WITH STANDARD LENGTH CARBON STEEL

PRELOAD AGBAY LOCK WITH ANTI-ROTATION
EARS AND WEATHER SEAL LEVEL 1 FOR CITY OF COLTON
PACKAGED 27 PER CARTON. PLEASE ORDER IN CARTON
QUANTITIES.
60 $41.5200 $12,331.4400
21 500 EA V140­P45719­0AB0
­PL

FLEX-TITE JOINTED METER LOCKING RING, STAINLESS STEEL

WITH PERMANENT SEALING TAB PRELOADED WITH AGBAY

BARREL LOCK, PRELOAD, SHORT LENGTH, STAINLESS STEEL

WITH ANTI-ROTATION EARS AND INTERNAL WEATHER SEAL
LEVEL 1 FOR CITY OF COLTON
PACKAGED 50 PER CARTON. PLEASE ORDER IN CARTON
QUANTITIES.
60 $24.1200 $12,060.0000
Subtotal: $136,844.880
INNERT 09/10/2026 02:58:17 PM http://RD-INNERTITE-01:49113/ReportServer//GeniusReports/Quote/InnerTite- stdrptQuotes 3/4 F 8.0-13, REV. 0

Quote
110 INDUSTRIAL DR HOLDEN, MA, 01520
Phone : 508-829-6361 [email protected]
Quote No. 80009335 (1)
Date : 09/10/2026
Contact : JASON PENUNURI
Phone : 909-841-6166
CA8 - California 8.75%: $11,973.940
Total: $148,818.820
USD
9/10/26 TO UPDATE PRICE AND VALIDITY AND ADD LINES 20 + 21 PER DSM REQUEST. JP PAYMENT TERMS: NET 30 DAYS FROM DATE OF INNER-TITE INVOICE.

FREIGHT TERMS: FOR SHIPMENTS TOTALING $5,000.00 OR MORE TO A SINGLE DESTINATION FREIGHT IS PREPAID AND ALLOWED. FOR SHIPMENTS OF LESS THAN $5,000.00 FREIGHT IS PREPAID AND ADDED TO THE INVOICE.

AS AGBAY LOCKING DEVICES AND KEYS, CLEARSEAL METER SEALS AND TWIST-TITE WIRE SEALS ARE CUSTOM MANUFACTURED, THEY ARE NOT RETURNABLE.

ALL PRICES AND LEAD TIMES ARE SUBJECT TO CHANGE. MATERIAL WILL BE INVOICED AT THE UNIT PRICE IN EFFECT AT THE TIME OF SHIPMENT.

INNERT 09/10/2026 02:58:18 PM http://RD-INNERTITE-01:49113/ReportServer//GeniusReports/Quote/InnerTite- stdrptQuotes 4/4 F 8.0-13, REV. 0

TERMS & CONDITIONS OF SALE
These terms supersede all other terms provided by either party, prior or subsequent.

MINIMUM ORDER: $300.00 Orders Under $300.00 Will Incur a Handling Charge of $30.00 PRICES:

All prices are subject to change without notice. All shipments will be invoiced at the price in effect on the shipment date. Prices apply only to standard packaging listed on price sheet. Non-standard quantities incur a charge of $20.00 per broken carton.

FREIGHT:

East of the Rocky Mountains - Shipments totaling $2500.00 or more for all INNER-TITE Locking Devices and Accessories will be shipped F.O.B. Holden, MA, freight prepaid and allowed to one destination East of the Rocky Mountains within the continental United States.

West of the Rocky Mountains - Shipments totaling $5000.00 or more for all INNER-TITE Locking Devices and Accessories will be shipped F.O.B. Holden, MA, freight prepaid and allowed to one destination West of the Rocky Mountains within the continental United States.

All shipments totaling less than $2500.00 for destinations East of the Rocky Mountains, and $5000.00 for destinations West of the Rocky Mountains, will be shipped F.O.B. Holden, MA, freight prepaid and added to the customer invoice.

Shipments will be made by the lowest rate common carrier or by other means determined by INNER-TITE. When special routing is specified, the additional cost for that routing is at the customer’s expense. In all cases, risk of loss shall pass to customer when the product leaves INNER-TITE’S Holden plant.

Note: All Carton Weights listed in this price list are approximations and may vary.

TERMS OF PAYMENT:

East of the Rocky Mountains - One percent (1%) discount for cash within 10 days after INNER-TITE invoice date; net on or before 30 days after INNER-TITE invoice date.

West of the Rocky Mountains - One percent (1%) discount for cash within 15 days after INNER-TITE invoice date; net on or before 30 days after INNER-TITE invoice date.

VISA, MasterCard and American Express are accepted.

TAX:

All prices are subject to the addition of state sales tax and other taxes, where applicable, in accordance with the laws under which the tax is imposed.

SHIPPING CLAIMS:

Claims for goods damaged in shipment should be directed to the carrier by the customer. INNER-TITE will assist in processing claims against the carrier but is not liable for goods damaged in shipping.

RETURNS:

INNER-TITE products may be returned for partial credit subject to the following conditions:

1. A written Return Material Authorization must be issued by the INNER-TITE Customer Service Department before product will be approved for return.

2. Only product shipped within the past 12 months can be returned.

3. Only product in the original packaging and in unused condition can be returned.

4. Product that has been discontinued or subsequently modified by INNER-TITE cannot be returned.

5. After inspection and acceptance of the authorized returned products, the original purchase price less a 25% restocking charge will be credited to the customer account.

6. All return shipments are to be made prepaid; collect shipments may be rejected or result in a further deduction to the credit due.

DISCLAIMER OF WARRANTIES:

EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH ELSEWHERE IN WRITING AND SIGNED BY THE

PARTIES HERETO, IF ANY, INNER-TITE DISCLAIMS ALL WARRANTIES HEREUNDER, EXPRESSED OR IMPLIED,

INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMIT OF LIABILITY:

In no event shall either party be liable for special, indirect, incidental or consequential damages, or any damages related to the loss of business or profits, goodwill, and all other damages or losses, even if the other party shall have been advised of the possibility of such damages. In no event shall INNER-TITE’S liability hereunder, whether based in contract, tort or otherwise (i) exceed the purchase price paid by customer for the specific goods which gave rise to the claim, or (ii) extend beyond one (1) year after the date of shipment of the applicable goods to the customer, regardless of when the claim arose or was discovered.INNER-TITE will not be liable for any claims if the goods (i) have been improperly used, operated and/or installed, (ii) the goods have been subjected to unusual physical stress, including but not limited to chemical stress and corrosion, and (iii) proper use, operation and/or installation have been interfered with by third party products, applications or configurations.

INNERT 09/10/2026 02:58:18 PM http://RD-INNERTITE-01:49113/ReportServer//GeniusReports/Quote/InnerTite- stdrptQuotes 1/1 F 8.0-13, REV. 0

PHONE: 508-829-6361
FAX: 508-829-4469
[email protected]
INNER-TITE CORP. • 110 Industrial Drive • Holden, MA, USA 01520–1893 www.inner-tite.com Serving Utilities Since 1932
September 14, 2026
By E-Mail: [email protected]
Mr. Jason Penunuri
Substation Superintendent
City of Colton Electric Utility
150 South 10th Street
Colton, CA 92324
Subject: Inner-Tite V140-P45129-0770H Rhino Ring w/ Agbay Lock and Key Sole Source Dear Mr. Penunuri:

With reference to your interest in the Subject, Inner-Tite Corp. is pleased to offer the following information:

Inner-Tite Corp. with corporate office and manufacturing facilities located in Holden, Massachusetts, U.S.A., is the originator and sole source of the unique Rhino Hinged Meter Locking Ring, and the Agbay Lock and Key System (refer to U.S. Patent Numbers 7,703,311, 7,775,071, 8,365,559 and 8,925,360). The Rhino Ring was developed by Inner-Tite specifically for Collections and Revenue Protection activities in the Electric Utility Industry. The Agbay Lock is available in a variety of configurations, all of which permit the barrel lock to rotate freely to defend against specific methods of attack. The Agbay Lock opens with a unique key that cannot be duplicated by a locksmith. The Agbay Lock permits authorized removal from all Inner-Tite Locking Devices to facilitate upgrades at any time without discarding the entire locking device. The Agbay Lock includes premium design features and critical security elements not found elsewhere.

Inner-Tite locking devices, keys, and seals are not available for sale to retail outlets, contractors, industry-at-large, or the general public. Inner-Tite Corp. is the only manufacturer of locks and seals, of any type, that restricts sales to utility companies only. All Inner-Tite products are designed and manufactured in Holden, MA, U.S.A. by talented and qualified U.S. citizens from diverse backgrounds, using domestic, recyclable raw materials and environmentally responsible processes.

Inner-Tite is a privately held U.S. Corporation, established in 1917 and serving the utility industry exclusively since 1932, with no financial ties to any corporate conglomerate or foreign entity.

We trust the above information is sufficient and we look forward to the opportunity to be of further service. Please let us know if anything additional is needed.

Kind regards,
Lee J. Holovnia
General Sales Manager
C: John C. Mahaney, Marlene Ferris, Mike Espinosa

Item: 9.

Staff Report
Meeting Date: October 6, 2026
To: City Council
From: Bill Smith, City Manager
Prepared By: Thomas Cody, HR & Risk Management Director Item Name: Resolution - Adopt Resolutions Approving Memoranda of Understanding with the Following Unions and Employee Associations: International Brotherhood of Electrical Workers (IBEW, Water/Waste Water); International Brotherhood of Teamster (Mid-Managers and General); Colton Police Dispatchers Association (CPDA); Colton Police Civilian Employee Association (CPCEA); Confidential Employees; Executive Group Employees; and, Increase Appropriations as Needed, Respectively, Resolution No. R-86-26; R-87-26, & R-88-26.

Recommended Action:

1. Adopt Resolution R-86-26 approving the implementation of the Memoranda of Understanding between the IBEW Water & Wastewater Association (IBEW W/W), the Teamsters Local 1932 – General Employees, the Teamsters Local 1932 – Mid-Managers Association (MMA), the Colton Police Dispatchers Association (CPDA), and the Colton Police Civilian Employees Association (CPDA); and

2. Adopt Resolutions R-87-26 and R-88-26 for Confidential and Executive Employees

3. Authorize an increase of $1,148,392.90 in FY2026-2027 General Fund appropriations, funded through a corresponding reduction in assigned General Fund reserves for OPEB obligations. Costs allocated to other funds will be accommodated within existing appropriations; and

4. Take such additional, related action that may be desirable.

Background:

Representatives of the City of Colton have met on numerous occasions with representatives of the IBEW Water & Wastewater Association (IBEW W/W), the Teamsters Local 1932 – General Employees, the Teamsters Local 1932 – Mid-Managers Association (MMA), the Colton Police Dispatchers Association (CPDA), and the Colton Police Civilian Employees Association (CPCEA) regarding wages and employment benefits. The results of these negotiations are summarized below and contained in the attached Memoranda of Understanding (MOUs), which

are being presented to the City Council for approval and adoption of the attached Resolution.

The Memoranda of Understanding for the IBEW Water and Wastewater Employees contain the following as generally summarized:
• Term: January 1, 2026 – December 31, 2028.
• Effective in the first pay period after Council adoption of the successor MOU: 3% acrossthe-board salary increase. • Effective in the first full pay period in January 2027: 3.5% across-the-board salary increase.
• Effective in the first full pay period in January 2028: 4% across-the-board salary increase. • Medical increase of $175, effective in the first month after Council adoption of the successor MOU, $100 after January 1, 2027, and $100 after January 1, 2028. • Effective in the first pay period after Council adoption of the successor MOU; Longevity:
10 years - $100; 15 years - $200; 20 years - $300; 25 years - $400. • In lieu of retroactive pay, a signing bonus ranging from $3800 to $6800, depending on classification.
• Bilingual pay increases from $50/month to $100/month for those qualified. • Additional minor items and language revisions.

The Memoranda of Understanding for the Teamsters Local 1932 – General Employees contain the following as generally summarized:
• Term: July 1, 2026 – June 30, 2029.
• Effective first pay period after Council adoption of successor MOU: 3% across the board salary increase.
• Effective first full pay period in July 2027: 3.5% across the board salary increase. • Effective first full pay period in July 2028: 4% across the board salary increase. • Medical increase of $175 effective first month after Council adoption of successor MOU, $100 after January 1, 2027 and $100 after January 1, 2028. • Effective first pay period after Council adoption of successor MOU; Longevity: 10-years - $100; 15-years $200; 20-years - $300; 25-years - $400 • In lieu of retroactive pay, a signing bonus of $2300 per member. • Additional minor items and language revisions.

The Memoranda of Understanding for the Teamsters Local 1932 – Mid-Managers Employees contain the following, as generally summarized:
• Term: July 1, 2026 – June 30, 2029.
• Effective in the first pay period after Council adoption of the successor MOU: 3% acrossthe-board salary increase. • Effective in the first full pay period in July 2027: 3.5% across-the-board salary increase. • Effective in the first full pay period in July 2028: 4% across-the-board salary increase. • Medical increase of $175, effective in the first month after Council adoption of the

successor MOU, $100 after January 1, 2027, and $100 after January 1, 2028. • Effective in the first pay period after Council adoption of the successor MOU: Longevity:
10 years - $100; 15 years - $200; 20 years - $300; 25 years - $400. • In lieu of retroactive pay, a signing bonus of $2750 per member. • Director-designated and controlled standby pay for field supervisors. • Additional minor items and language revisions.

The Memoranda of Understanding for the Colton Police Dispatchers Association contain the following, as generally summarized:
• Term: July 1, 2026 – June 30, 2029
• Effective in the first pay period after Council adoption of the successor MOU: 3% acrossthe-board salary increase. • Effective in the first full pay period in July 2027: 3.5% across-the-board salary increase. • Effective in the first full pay period in July 2028: 4% across-the-board salary increase. • Medical increase of $175, effective in the first month after Council adoption of the successor MOU; $100 after January 1, 2027; and $100 after January 1, 2028. • Effective in the first pay period after Council adoption of the successor MOU: Longevity:
10 years - $100; 15 years - $200; 20 years - $300; 25 years - $400. • In lieu of retroactive pay and to address any payments concerning the Benchmarking provision in Article II, Section 1 of the current and/or previous MOUs, a signing bonus of $3852 per member.
• Bilingual pay increases from $125 per month to $225 per month for those qualified. • Additional minor items and language revisions.
• Letter of Agreement revising and fixing labor plan benchmarking.

The Memoranda of Understanding for the Colton Police Civilian Employees Association contain the following, as summarized:
• Term: July 1, 2026 – June 30, 2029.
• Effective in the first pay period after Council adoption of the successor MOU: 3% acrossthe-board salary increase. • Effective in the first full pay period in July 2027: 3.5% across-the-board salary increase. • Effective in the first full pay period in July 2028: 4% across-the-board salary increase. • Medical increase of $175, effective in the first month after Council adoption of the successor MOU, $100 after January 1, 2027, and $100 after January 1, 2028. • Effective in the first pay period after Council adoption of the successor MOU; Longevity:
10 years - $100; 15 years - $200; 20 years - $300; 25 years - $400. • In lieu of retroactive pay, a signing bonus of $2300 per member. • Increased bilingual pay to $200/month for those qualified. • Additional minor items and language revisions.

Confidential Employees Pay and Benefit Resolution R-87-26 for the confidential employees in

the next three years.
• Effective first pay period after Council adoption of the successor MOU: 3% across-theboard salary increase. • Effective first full pay period in July 2027: 3.5% across-the-board salary increase. • Effective first full pay period in July 2028: 4% across-the-board salary increase. • Medical increase of $175, effective the first month after Council adoption of the successor MOU; $100 after January 1, 2027; and $100 after January 1, 2028. • Effective first pay period after Council adoption of the successor MOU; Longevity: 10 years - $100; 15 years - $200; 20 years - $300; 25 years - $400. • Increased tuition reimbursement up to $7500 annually. • Additional minor items and language revisions.

Executive Employee Pay and Benefit Resolution R-88-26 for the executive employees for the next three years.
• Effective in the first pay period after Council adoption of the successor MOU: 3% acrossthe-board salary increase. • Effective in the first full pay period in July 2027: 3.5% across-the-board salary increase. • Effective in the first full pay period in July 2028: 4% across-the-board salary increase. • Medical increase of $175, effective the first month after Council adoption of the successor MOU; $100 after January 1, 2027; and $100 after January 1, 2028. • Effective in the first pay period after Council adoption of the successor MOU; Longevity:
10 years - $100; 15 years - $200; 20 years - $300; 25 years - 400 • Additional minor items and language revisions.

Issues/Analysis:

The City of Colton has made notable progress over the past five years by competitively compensating Colton City employees at the average of the local labor market. This effort has helped retain and attract staff, resulting in fewer vacancies and successful recruitment. The contract continues this initiative by providing increased economic benefits for members of these five employee groups who provide valuable services to the Colton community. These negotiation outcomes and recommended actions reflect the direction given to staff during the negotiation process
Fiscal Impacts:

The estimated FY2026-2027 cost of the five MOUs and two employee resolutions is $1,959,485.00. The estimated cost over the full term of the agreements is $8,735,723.00.

Estimated costs by employee group are shown below.

Employee group FY 2026-27 cost Full agreement cost
IBEW Local 47 Water and Wastewater $492,869.00 $1,887,357.00 Teamsters Local 1932 General Employees $493,480.00 $2,170,797.00

Teamsters Local 1932 Mid Managers $502,866.00 $2,295,312.00 Colton Police Dispatchers Association $134,900.00 $539,507.00 Colton Police Civilian Employees Association $191,627.00 $834,463.00 Confidential Employees $55,396.00 $383,117.00
Executive Employees $88,347.00 $625,170.00
Total $1,959,485.00 $8,735,723.00
Of the FY 2026-27 cost, $1,148,392.90 is allocated to the General Fund, $765,976.17 is allocated to enterprise funds, and $45,115.93 is allocated to the Early Care and Education Fund.

Only the General Fund requires an increase in total appropriations as part of this action. The enterprise and Early Care and Education Fund costs will be accommodated within existing appropriations through budget transfers as necessary.

By adopting Resolution R-86-26, the City Council will authorize the $1,148,392.90 General Fund appropriation increase and a corresponding reduction in assigned General Fund balance for OPEB obligations. No increase in total appropriations is requested for the other affected funds.

Alternatives:

Provide alternative direction to staff.

Attachments:

1. Final (signing bonus) IBEW Water WW MOU 1.1.26 - 12.31.28 TC 9-14-26

2. Teamsters General Unit MOU 7.1.26-6.30.29 CLEAN(58416559.1)9-29-26

3. MMA MOU 7.1.26 - 6.30.29 (002) CLEAN(58427054.1) 9-29-26

4. Final (signing bonus) CPCEA MOU 7.1.26-6.30.29 TC 9-14-26

5. Final (signing bonus) CPDA MOU 7.1.26-6.30.29 TC 9-14-26

6. Colton Police Dispatchers Association SIDE LETTER 10-6-26 #2

7. RESOLUTION NO R-86-26 approving MOU's and 26-27 budget modification action - final TC_sd

8. Confidential R-87-26 9-14-26 - TC

9. Executive R-88-26 Reso Revisions 09.14.26 - TC

10. SALARY TABLE revised 10-10-26

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF COLTON
AND
INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, LOCAL 47

WATER AND WASTEWATER DIVISIONS
TERM
January 1, 2026 – December 31, 2028

TABLE OF CONTENTS
ARTICLE I EMPLOYER-EMPLOYEE RELATIONS..................................................5 SECTION 1: RECOGNITION....................................................................................5 SECTION 2: SCOPE OF REPRESENTATION..............................................................5 SECTION 3: UNION MEMBERSHIP..........................................................................5 SECTION 4: DISCIPLINARY ACTION APPEALS PROCESS..........................................5

DISCIPLINE APPEAL PROCEDURE (DISCIPLINARY SUSPENSIONS,
DEMOTIONS AND DISMISSALS) ...........................................................6 SECTION 5: UNION LEAVE.....................................................................................7 SECTION 6: PARITY LANGUAGE………………………………………………………………………. 7 SECTION 7: MANAGEMENT RIGHTS .......................................................................7 SECTION 8: CONTRACT NEGOTIATIONS.................................................................8 SECTION 9: CONTRACT BAR..................................................................................8 SECTION 10: LABOR/MANAGEMENT COMMITTEE.....................................................8 SECTION 11: PERFORMANCE EVALUATIONS............................................................8 SECTION 12: NEW EMPLOYEE ORIENTATION ................................................................. 9 ARTICLE II COMPENSATION ...........................................................................10 SECTION 1: SALARY ............................................................................................ 10 SECTION 2: OVERTIME ........................................................................................ 11 OVERTIME PAY.................................................................................. 11 COMPENSATORY TIME AND CASHOUT .............................................. 11 OVERTIME AUTHORIZATION .............................................................. 11 TRAINING TIME.................................................................................. 12 CITY VEHICLE USE ............................................................................ 12 CALL BACK PAY ................................................................................ 12 STANDBY PAY................................................................................... 12 REST PERIOD.................................................................................... 13 SECTION 3: ACTING PAY...................................................................................... 14 SECTION 4: TEMPORARY UPGRADE PAY…………………………………………………………. 15 SECTION 5: RECLASSIFICATION LANGUAGE ........................................................ 14 SECTION 6: BILINGUAL PAY................................................................................. 15 SECTION 7: EDUCATION & CERTIFICATE INCENTIVE PAY ...................................... 16 SECTION 8: SHIFT DIFFERENTIAL......................................................................... 17 SECTION 9: LONGEVITY PAY ............................................................................... 17 SECTION 10: RETROACTIVE PAY CALCULATIONS……………………………………………….17 ARTICLE III FRINGE BENEFITS..........................................................................19 SECTION 1: HEALTH INSURANCE......................................................................... 19 SECTION 2: RETIREES' HEALTH INSURANCE PARTICIPATION................................. 19 SECTION 3: RETIREMENT BENEFITS ..................................................................... 20 SECTION 4: TERM LIFE INSURANCE ..................................................................... 21 SECTION 5: SHORT-TERM AND LONG-TERM DISABILITY........................................ 21

SECTION 6: TUITION REIMBURSEMENT ................................................................ 22 SECTION 7: CERTIFICATE REIMBURSEMENT……………………………………………………. 22 SECTION 8: UNIFORMS ....................................................................................... 22 SECTION 9: BOOT/SHOE ALLOWANCE................................................................. 22 SECTION 10: CLASS "A" OR “B” DRIVER'S LICENSE................................................. 23 SECTION 10: SOCIAL SECURITY............................................................................. 23 SECTION 11: MEDICARE........................................................................................ 23 ARTICLE IV LEAVES.........................................................................................23 SECTION 1: VACATIONS ...................................................................................... 23 ACCRUAL ......................................................................................... 23 USE.................................................................................................. 24 VACATION SELL BACK....................................................................... 24 ACCUMULATED TIME AT TERMINATION OF EMPLOYMENT................... 25 SECTION 2: HOLIDAYS ........................................................................................ 25 SECTION 3: SICK LEAVE ...................................................................................... 26 ACCRUAL ......................................................................................... 27 SICK LEAVE REPORTS........................................................................ 27 FAMILY ATTENDANCE ....................................................................... 27 RIGHTS OF VICTIMS OF DOMESTIC VIOLENCE ................................... 27 SICK LEAVE SELL BACK ..................................................................... 27 ACCUMULATED SICK LEAVE AT TERMINATION OF EMPLOYEE ............. 28 SECTION 4: BEREAVEMENT LEAVE....................................................................... 28 SECTION 5: INDUSTRIAL INJURY LEAVE/INSURANCE PREMIUMS........................... 29 SECTION 6: MEDICAL LEAVE OF ABSENCE ........................................................... 29 ARTICLE V WORKING CONDITIONS ................................................................30 SECTION 1: SHIFT CHANGE................................................................................. 30 SECTION 2: EMERGENCY MEAL PERIODS............................................................. 30 SECTION 3: INCLEMENT WEATHER ...................................................................... 31 SECTION 4: NEPOTISM POLICY............................................................................ 31 SECTION 5: LAYOFF POLICY ................................................................................ 31 DEFINITION ...................................................................................... 31 NOTIFICATION.................................................................................. 31 ORDER OF LAYOFF ........................................................................... 31 EXCEPTION TO ORDER OF LAYOFF .................................................... 32 EMPLOYEE RIGHTS WHILE ON LAYOFF .............................................. 32 RETRAINING ..................................................................................... 33 SECTION 6: LIGHT DUTY POLICY ......................................................................... 33 PURPOSE ......................................................................................... 33 POLICY............................................................................................. 33 PROCEDURE .................................................................................... 34 EXCLUSION ..................................................................................... 34

ARTICLE VI GRIEVANCE PROCEDURE ..............................................................34 SECTION 1: STATEMENT OF PURPOSE ................................................................. 34 SECTION 2: DEFINITIONS .................................................................................... 35 SECTION 3: REPRESENTATION ............................................................................ 36 SECTION 4: TIME LIMITS ...................................................................................... 36 SECTION 5: WITHDRAWAL................................................................................... 36 SECTION 6: FREEDOM FROM REPRISAL ............................................................... 37 SECTION 7: PROCEDURE .................................................................................... 37 WAIVER OF STEPS............................................................................. 37 INFORMAL RESOLUTION................................................................... 37 FORMAL RESOLUTION ....................................................................... 37 ARTICLE VII GENERAL PROVISION....................................................................38 SECTION 1: SAVINGS CLAUSE ............................................................................. 38 SECTION 2: TERM OF AGREEMENT....................................................................... 39 SECTION 3: MAINTENANCE OF TERMS & CONDITIONS OF EMPLOYMENT .............. 39 SECTION 4: COUNCIL ADOPTION ........................................................................ 39 SECTION 5: CONCLUSIVENESS OF MEMORANDUM OF UNDERSTANDING ............ 39 EXHIBIT A - FORMAL GRIEVANCE PROCEDURE FORM................................................... 41

ARTICLE I

EMPLOYER-EMPLOYEE RELATIONS
SECTION 1: Recognition
The following full-time classifications are recognized as the International Brotherhood of Electrical Workers, Local 47 (IBEW) Water/Wastewater Unit:

Senior Water Distribution Operator Senior Wastewater Treatment Plant Operator
Senior Water Production Operator Senior Wastewater Treatment Plant Mechanic
Water Distribution Operator I Wastewater Treatment Plant Operator I Water Distribution Operator II Wastewater Treatment Plant Operator II Water Distribution Foreperson Wastewater Treatment Plant Mechanic I Collection System Maintenance
Technician I
Wastewater Treatment Plant Mechanic II
Collection System Maintenance
Technician II
Water Production Operator I
Senior Collection System Maintenance
Technician
Water Production Operator II
Public Works & Utilities Inspector Water Production Operator III SECTION 2: Scope of Representation
Scope of representation shall include all matters pertaining to wages, hours, and other terms and conditions of employment.

SECTION 3: Union Membership
Upon being notified by IBEW, Local 47, the City shall, on behalf of the Bargaining Unit, deduct monthly Membership dues from the Members' salary. The Bargaining Unit agrees to indemnify the City and to hold the City harmless against any and all claims, demands, suits or other forms of liability that may arise out of, or by reason of, any action taken by the City for the purposes of complying with the provisions of this Article I of Employer-Employee Relations.

SECTION 4: Disciplinary Action Appeals Process
Employees who are dissatisfied with management actions have the following forms of recourse:

Written reprimands will be removed from the employee’s personnel file upon satisfactory and sustained performance that meets, and maintaining a meets, standard rating after one (1) yearfrom the date of the written reprimand. Supervisors and/or managers will provide Human Resources with an explanation of the employee’s satisfactory performance over the year and their recommendation to remove the written reprimand.

If the employee's performance evaluation, which results in a step increase, is denied, the employee shall be entitled to a re-evaluation six (6) months from the date of the original reprimand.

Discipline Appeal Procedure (Disciplinary Suspensions, Demotions and Dismissal) The City shall comply with Administrative Policy No. 4.05.250, thus ensuring that employees are afforded "due process." In all matters concerning contract interpretation or administration of the M.O.U., the Union shall have exclusive authority to determine whether a grievance shall be taken to arbitration. If the Union chooses not to proceed on a disciplinary grievance, the employee may proceed at their risk and expense to take the matter to arbitration. Such appeal is to be made in the form of a memorandum or letter to the City Manager from an authorized union representative, within ten (10) business days of receiving the "Order of Disciplinary Action."
The disciplinary appeals process is as follows:

A. Selection of Arbitrator/Mediator: If the parties are unable to mutually select an arbitrator, the State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as arbitrators. Within five (5) days following receipt of the list of arbitrators, the parties shall select an Arbitrator/Mediator. Unless the parties agree to another method of selecting an arbitrator, the parties shall alternately strike one name from the list until one name remains. The right to strike the first name is determined by coin toss.

B. Private Hearing: Discipline appeal arbitration/mediation hearings shall be private.

C. Costs and Expenses: Each party shall bear equally the cost of the fees and expenses of the arbitrator and court reporter, if any. Each party shall bear its own witness and attorney fees.

D. The arbitrator/mediator shall render a decision in writing within thirty (30) days of the close of the hearing or of receipt of closing briefs, whichever is later. The decision of the arbitrator/mediator is final and binding and is not subject to any administrative or judicial review except pursuant to the Code of Civil Procedure Section 1286.2.

SECTION 5: Union Leave
Two (2) employees, designated by the Union, shall be given up to forty (40) hours each, per fiscal year, at different times, or one employee 80 hours per year, of unpaid leave to attend to Union business. Employees requesting such leave shall give the Department Director at least two (2) weeks advance notice. In deciding whether to grant such leave, the Department Director may take into account staffing and other legitimate City interests, provided that all leaves will not be denied unreasonably.

SECTION 6: Parity Language
The City and the Union agree to the following language: The City agrees that during the term of this Memorandum of Understanding it will attempt not to enter into any agreement, whether written or otherwise, with any other bargaining unit or employee group in the City that obligates the City to provide any monetary or non-monetary benefit based upon any provision in the MOU or any benefit, salary or otherwise received by members of this Union.

The intent of this provision is to eliminate any ties between the salary and/or benefits received by members of this bargaining group and those received by members of any other bargaining group in the City. Nothing in this section, however, shall operate to prevent the City from meeting and conferring in good faith with other bargaining units.

SECTION 7: Management Rights
It is understood and agreed that the City retains all of its powers and authority to direct, manage, and control to the full extent of the law. Included in, but not limited, to those duties and powers are the rights to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the level, means, and kinds of services to be provided; establish its policies, goals, and objectives; determine staffing patterns; determine the number and kinds of personnel required;, maintain the efficiency of City operations, build, move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue and take action on any matter in the event of an emergency. Emergency is a sudden, generally unexpected, occurrence or occasion requiring immediate action which affects City facilities or equipment or otherwise involves an Act of God or specific governmental order requiring the City to take certain action or refrain from taking certain action. In addition, the City retains the right to hire, classify, assign, evaluate, promote, discipline and terminate employees.

It is expressly agreed by both parties that the City's determination to exercise those rights described herein, shall not be subject to the meet and confer process. However, the impact of exercising said rights is subject to the meet and confer process, specifically in regard to contracting out work, transferring work out of the unit and classifying employees.

It shall be the policy of the City that no employee shall be interfered with, intimidated, restrained, coerced, or discriminated against in matters of employment, appointments,

promotions, or other actions requiring the application of the merit principle. The City's actions in exercising the rights described herein shall be based on merit and fitness, free of favoritism and personal and political considerations.

SECTION 8: Contract Negotiations
The bargaining between the City and Union shall commence before 120 days but no later than 90 days prior to the expiration date of the MOU or a date that is mutually agreed upon in writing by both parties.

SECTION 9: Contract Bar
It is understood that this MOU shall constitute a bar to any petition or request for recognition in any unit which includes classifications of employees covered by this MOU where such petition or request seeks to represent such employees at any time prior to the expiration of this MOU.

SECTION 10: Labor/Management Committee
The City and the Union will create and maintain a Labor/Management Cooperation Committee. The City's team shall consist of at least one (1) representative each from the City's Human Resources Department and the Water/Wastewater Department. The Union shall provide four (4) members to sit on its committee, at least three of which must be employees of the City. The Committee shall meet from time to time to discuss issues that concern both management and the union. The purpose of this committee is not to resolve meet and confer issues per the MOU.

The Management/Labor Committee will not take the place of the grievance procedure as outlined in this MOU. The purpose of the committee meetings is not to bypass the meet and confer process. In addition, the Committee will not discuss issues that have a monetary impact. Any issues that have a financial impact on either side may be resolved using the meet and confer process or the grievance procedure. Additionally, the discussion or handling of any issue by the Committee shall not delay or extend any of the deadlines set forth in the grievance procedure, unless there is an express written agreement between the City and Union to delay or extend any such deadline.

SECTION 11: Performance Evaluations
The City realizes the importance of performance evaluations. The Human Resources Department and Water/Wastewater Department will work together to ensure a timely delivery of the employee's performance evaluation.

SECTION 12: New Employee Orientation
New employee orientation means an "in person" meeting designated as such and scheduled with representatives of the City of Colton to advise and inform new employees of their employment benefits, responsibilities, City Rules, and other similar related matters.

Currently, the City performs new employee orientations on the first day of work, typically at the beginning of a pay period (Monday at 8am). However, there may be instances where orientations are held on a different date and/or time following their actual start date due to business needs. Typically, the orientation process lasts one (1) to two (2) hours.

Notice Requirements
The City of Colton will make every effort to provide written notice (by email, letter, or text) to the Union of all new employee orientations, which they represent, at least fifteen (15) calendar days, no less than ten (10), prior to the scheduled orientation. The new employee orientation notice provided to the Union shall include the date, time, and location of the orientation. This will allow for proper scheduling to ensure that representative(s) from the Union are available to meet with the employee prior to or following the orientation session. If the Union or its representative is not available on the day or time the City has scheduled its orientation, the City will allow the Union to meet with the new employee within a week of hire.

International Brotherhood of Electrical Workers, Local 47 will be provided the opportunity to have up to two (2) representatives to meet with the new employee for up to 45 minutes of uninterrupted private time prior to or following the new employee orientation. The Union may provide written materials, including a packet of information, to the new employee(s). The Union agrees in its portion of the orientation not to engage in speech that could cause substantial disruption or material interference with City business and activities and to comply with all City policies and procedures.

Union's presentation will be conducted during paid City time as a regular part of the new employee orientation. One (1) of the two Union representatives will be the Business Representative and the other may be a bargaining unit member (City employee). Approval from the Department Director shall be authorized prior to a bargaining unit member attending the new employee orientation. At no time shall the bargaining unit member (acting as a Union representative) meeting with the new employee result in any overtime or additional costs to the City. A bargaining unit member attending the orientation as a Union representative shall do so during their regular working hours so as to not incur additional costs to the City. The Union will provide the Human Resources Director at least forty-eight (48) working hours in advance notice, of the name(s) of the bargaining unit member(s) who they wish to attend the orientation.

During the new employee orientation, the City shall make every effort to provide a written statement, obtained from the Union, to each new employee hired into a position/classification represented by the (International Brotherhood of Electrical Workers,

Local 47) bargaining unit, that the employee's position is represented by the Union. To properly identify current stewards, the Union will provide a roster of stewards to the City prior to such orientation.

Reporting Requirements:

Within 30 days of hire or by the first pay period of the month following hire, the City of Colton shall provide International Brotherhood of Electrical Workers, Local 47 with the name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the employer, as well as home address of all newly hired employees. While AB119 requires that the City of Colton provide the Union with this information for all employees in the bargaining unit at least every 120 days, Local 47 agrees to receive this information twice a year on July 1st and January1st,exceptasspecified.

Employees who choose not to have their personal information (home address, home telephone number, personal cellular number, or personal email address) released to the Union can sign a Waiver of Informational Release form.

ARTICLE II

COMPENSATION
SECTION 1: Salary
All employees in the above-represented classifications shall receive a base salary as set forth in the Pay and Classification Plan for the City of Colton.

Effective first pay period after City Council adoption of the MOU, employees in the aboverepresented classifications shall receive a three percent (3%) across the board salary increase.

Effective on January 1, 2027, employees in the above-represented classifications shall receive a three and one half percent (3.5%) across the board salary increase.

Effective on January 1, 2028, employees in the above-represented classifications shall receive a four percent (4%) across the board salary increase.

For the purposes of salary surveys, the City and Union agree to use the following cities when conducting salary surveys: Cities of Azusa, Banning, Corona, Ontario, Redlands, and Upland.

City agrees to continue discussions with Union regarding survey cities in the event the City decides, at its sole discretion, to conduct a salary survey.

SECTION 2: Overtime
Overtime Pay
All employees required to perform in excess of 40 hours in a seven-day cycle shall receive compensation at the rate of one and one half (1 ½) times their regular rate of pay.

The City agrees to provide a minimum of two (2) hours work time for each employee if they physically report for scheduled overtime and that overtime is thereafter canceled for any reason.

In determining an employee's eligibility for overtime regular rate, paid leaves of absences shall be included in the total hours worked.

There shall be no pyramiding of overtime or other premiums. Hours worked by an employee in any workday or workweek on which premium rates have once been allowed shall not be used again in any other overtime calculation other than computing total actual hours worked.

Overtime shall be recorded and paid in minimum increments of 15 minutes.

Planned overtime shall be divided as equitably as possible among available and qualified personnel and within each classification. Management reserves the right to make the final determination in all overtime scheduling.

Compensatory Time and Cash Out
In lieu of receiving overtime pay pursuant to Section 2: Overtime in the MOU, full-time employees may elect to accrue up to 80 hours during the fiscal year on a premium rate basis.

Employees may bank up to the 80 hours accrued and may cash out up to 40 hours per fiscal year.

All hours in excess of the maximum number accruable shall be paid at a rate of one and one half (1 ½) times the regular rate of pay.

An employee may use such compensatory time off within a reasonable period after making the request, if the use of compensatory time does not unduly disrupt the operations of the department.

Overtime Authorization
All overtime requests must have the authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Calls for service beyond the end of duty time are considered as authorized. An employee's failure to obtain prior approval may result in the disciplinary action.

Training Time
Training time outside normally scheduled work hours shall be compensated pursuant to Code of Federal Regulations (CFR), Section 785.27, et seq.

Travel time outside normally scheduled work hours shall be compensated pursuant to CFR, Section 785.27, et seq. When feasible, the Department will adjust the employee's work schedule to minimize the impact of travel and training time.

City Vehicle Use
Employees provided with a City vehicle to travel to and from their regular work site shall not be compensated in any manner whatsoever for such travel time in the City vehicle, with the exception of standby personnel when responding to a call back.

No employee other than those on authorized standby duty will be allowed to take a City vehicle home if the distance is greater than 15 miles one way. Such restriction shall not change the City's policy of guaranteeing rideshare employees a ride home.

City vehicles are an extension of City buildings. There is no smoking allowed in City buildings, or in City-owned vehicles. The employee is also required to wear a seat belt when driving and/or riding in City-owned vehicles, and follow all laws of the road.

Call Back Pay
Call back duty occurs when an employee is ordered to return to duty on a non-regularly scheduled work shift. Call back does not occur when an employee is held over from their prior shift or is working prior to their regularly scheduled shift on a preplanned basis.

An employee called back to duty shall be credited with two hours in addition to actual time worked. Actual time shall be calculated from the time employee arrives at work site until completion of work. An employee will also be credited with a total of one hour and one-half times to cover travel to and from the work site.

An employee on call back shall not be eligible for an additional call back bonus of two hours if the employee is dispatched to another call prior to returning to their residence.

Standby Pay
Any employee on standby will be issued a city cell phone where they may be reached while on standby. An employee shall respond from such phone number within sixty (60) minutes.

Standby is two (2) hours each day, for a total for a seven-day period of fourteen (14) hours.

Standby pay shall be earned from Thursday at the end of the working day, for a period not to exceed seven (7) days unless extended by holiday. The City shall pay an employee on standby fourteen (14) hours straight time of compensatory time. When a City recognized holiday falls during the standby week, the employee shall earn an additional ten (10) hours

straight time of compensatory time per holiday. Such compensatory time shall be used according to Section 2: Compensatory Time.

Rest Period
The City of Colton and Union agree that no employee will be denied a ten (10) hour rest period after working sixteen (16) consecutive hours if the employee requests such rest period because of their physical condition. Employees who have worked sixteen (16) consecutive hours may be required to take an eight(8) hour rest period in order to ensure adequate staffing levels for regular work shifts.

A. The sixteen (16) hours begins upon arrival at work.

B. A rest period of ten (10) consecutive hours or more shall be considered an interruption of consecutive hours worked. Rest periods of less than ten (10) consecutive work hours shall not be considered to be an interruption of continuous work.

C. Employees shall be paid at their regular hourly rate of pay for all regularly scheduled work hours, which occur during the rest period. Employees required to return to work during such rest periods, shall be compensated at the overtime rate of pay for all time worked (1 ½ times the employee's hourly rate). This overtime pay shall be in lieu of, and not in addition to, the regular rate of pay. Employees not required by management to return to work, but who choose to take less than an eight (8) hour rest period, shall be paid their regular hourly rate of pay for all regularly scheduled work hours.

D. Mealtime will not be considered an interruption of consecutive work time nor will it be considered part of consecutive work time.

E. The meal period that occurs during the regular work hours of an employee, will not be included in the computation of the eight (8) hour rest period. An employee who returns to work from a rest period that extends more than four (4) hours into their regular work shift shall be considered to have taken a meal period prior to reporting, except that such employee shall be allowed to observe any meal period taken by a crew to which employee may be assigned.

F. The supervisor responsible for the crew shall determine when rest periods shall take place for employees because of their physical condition and is responsible for notifying the crew members. Management shall determine when rest periods are required for staffing reasons and shall notify the employee responsible for the crew.

G. When an employee's rest period extends four (4) or more hours into the regularly scheduled work shift, the employee may request vacation pay or scheduled leave without pay for the remainder of the work shift. Approval of such request shall generally be granted, unless maximum workload or emergency conditions exist.

H. When an employee's rest period extends less than four (4) hours into the regularly scheduled work shift, the employee may request vacation pay or scheduled leave without pay for the remainder of the work shift. Approval of such request shall be granted if it is in accordance with the best interest of the City and the department or division in which the employee is employed.

I. No employee who has less than ten (10) consecutive hours off duty in the sixteen (16) hours immediately preceding their regularly scheduled work shift, will be denied an eight (8) hour rest period, if the employee requests such rest period because of their physical condition. The rest period shall commence at the time the employee goes off duty.

City agrees to further meet and confer regarding the concept and application of the employee rest period, which shall occur within twelve (12) months of City Council’s approval of this MOU.

SECTION 3: Acting Pay
Any employee responsible to work in a higher classification for a period of 39 consecutive work hours or more, shall receive compensation from the first hour at 5% above the employee’s current pay range, or Step “A” of the acting positions pay range; whichever is greater; except that in no case will an employee be compensated at higher than “E” Step of the acting salary range. Compensation, as defined by CalPERS, will be reported accordingly.

Regularly, scheduled holidays shall be counted as "work hours" for the purpose of qualifying for acting pay only. All other leave hours shall not count as "work hours" for the purpose of qualifying for acting pay. Administrative Policy 4.05.170 shall be followed with only the prescribed pay increase and no increase in benefits provided to an employee in acting pay status. Duration of assignment shall not exceed six (6) months. This may be extended for an additional six (6) month period upon mutual agreement between the employee and City, and only due to extenuating circumstances. Employees in a probationary status shall not be eligible to be assigned to acting assignments.

The City agrees that represented employees working out of class shall be properly trained prior to out-of-class assignment. Employment in a probationary status will not be assigned to perform higher-level duties or serve in an “acting” capacity.

Acting appointments shall be made based on the needs of the City. Appointees shall meet the minimum qualifications for the position whenever possible. Eligible employees' experience and job knowledge shall be given major consideration before an appointment is made. Employees working out-of-class in a position outside of the Water/Wastewater Unit MOU, may only be made by the Department Head or designee and; when the higher-level position is vacant, or due to vacations.

This provision shall not apply in cases of emergency, nor to use as a reclassification or promotion.

SECTION 4: Temporary Upgrade Pay
An employee assigned by the Department Director or Management to work a temporary assignment in a higher classification within the Water/Wastewater Unit for a period of five (5) consecutive hours or more shall receive temporary upgrade pay. Temporary Upgrade assignments shall be made in each absence of one or more hours of the higher classification(s). The Department Director or designee shall determine which employee will be offered this assignment
The employee will receive temporary upgrade pay retroactive to the first hour if in the acting assignment for more than five (5) consecutive hours. The pay shall equal 5% of the employee’s base salary only, no change in fringe benefits. The City agrees that represented employees working in a temporary assignment shall be properly trained prior to the temporary upgrade assignment. The absence of a higher-level position does not guarantee acting pay will be assigned; assigning employee acting pay is at the Department Director's or designee's discretion. The department and supervisor will use the hour’s type code on an employee’s timesheet to reflect the number of hours the employee worked in the temporary upgrade assignment.

This provision is not meant to be used as a reclassification or promotion action.

SECTION 5: Reclassification Language
The City agrees to "meet and consult" with the Union on any proposed reclassification in the Union prior to submission to the City Manager.

SECTION 6: Bilingual Pay
The City agrees to pay $100 per month ($50 to be paid on the first two pay periods of the month) to employees who successfully complete a bilingual examination, and who have been recommended by the Department Director and approved by the City Manager.

When the skill is no longer needed or the employee is not required to use it or ceases to possess it, the Department Director shall terminate the bilingual compensation by written notice to the Human Resources Director. The bilingual pay is tied to the classification rather than the individual employee and will terminate if the employee moves to a new classification.

SECTION 7: Education & Certificate Incentive Pay
Effective the first full pay period after January 1, 2026, the City agrees to pay an additional 5% of base pay (non-cumulative) for one (1) of the following:
• Any certificate from an accredited college or university above or beyond that which is required as part of the minimum requirements for the job when it enhances an employee’s ability to perform the normal job functions of their position. The incentive pay must be tied to the job description and is subject to confirmation by the City that the education enhances an employee’s ability to perform the normal job functions of their position; or
• Associate of Arts degree, Bachelor’s degree, or Master’s degree from an accredited college or university above or beyond that which is required as part of the minimum requirements for the job when it enhances an employee’s ability to perform the normal job functions of their position. The incentive pay must be tied to the job description and is subject to confirmation by the City that the education enhances an employee’s ability to perform the normal job functions of their position; or • Any license (generally accepted within the respective field) above or beyond that which is required as part of the minimum requirements for the job. The incentive pay must be tied to the job description and is subject to recommendation by the Department Director with approval by the Human Resources Director or designee and the City Manager.

Certificate, Education, and/or License Incentive Pay based on the three (3) preceding bullet points are non-cumulative and the maximum compensation an employee is eligible to receive is five percent (5%) total, even if they have a qualifying certificate, degree, and license.

To the extent that compensation for a degree or certificate qualifies as “educational incentive” special compensation under Title 2 California Code of Regulations sections 571 and 571.1 of the Public Employees’ Retirement Law, it shall be reported to CalPERS as additional compensation for use in retirement calculations. However, any compensation paid to an employee that is related to any license under subsection 8.3 above shall not be reported as additional compensation to CalPERS, since it does not meet the definition of “educational incentive.”
Effective the first full pay period after January 1, 2026, the City agrees to pay an additional four (4%) of base pay for any commercial Class A driver’s license beyond what is required by the employees’ job description. The additional pay shall be approved in advance by the Department Director. This incentive is eligible for one commercial Class A driver’s license and is non-cumulative. This Class A driver’s license incentive pay shall be in addition to the 5% Education and Incentive Pay in the first three bullet points of this section. Accordingly, the

maximum amount of additional compensation an employee may be compensated under this section is nine percent (9%) of base pay.

The above listed incentive pays shall be cumulative and shall not be compounded.

SECTION 8: Shift Differential
The City agrees to provide Shift Differential pay to employees who are assigned a regular shift of not less than two weeks as follows:

A. Swing shift commencing at 4:00 p.m. shall receive an additional $1.65 per hour.

B. Graveyard shift commencing at 11:00 p.m. shall receive an additional $2.00 per hour.

SECTION 9: Longevity Pay
Effective first pay period after City Council adoption of the MOU, eligible employees shall receive a monthly longevity stipend. Payment of the longevity stipend shall be issued on a biweekly schedule (26 payments per year) based on the following amounts:

A. Upon completion of 10th year of City Service - $100 per month (annual $1,200) B. Upon completion of 15th year of City Service - $200 per month (annual $2,400) C. Upon completion of 20th year of City Service - $300 per month (annual $3,600) D. Upon completion of 25th year of City Service - $400 per month (annual $4,800) Eligible employees shall only receive one monthly longevity stipend. Longevity stipends shall not be cumulative.

SECTION 11: Retroactive Pay Calculations
Retroactive pay calculations are paid on the base rate of pay as of the effective date of the increase.

However, the City and Association have agreed to a one-time bonus payment in lieu of retroactive payments for all Association members. It is agreed and understood that the onetime bonus payment shall be taxed but shall not be reported to CalPERS for retirement calculations or any other purposes. It is also agreed and understood that the one-time bonus payment is intended to avoid the tedious task of calculating each individual member’s retroactive pay effective January 1, 2026. It is further agreed and understood that no employee in this bargaining unit will receive a separate retroactive payment concerning any of the salary and/or incentive pay increases in this MOU effective January 1, 2026, including

but not limited to, retroactive payments for any overtime worked between January 1, 2026, and the implementation date of this MOU is expected to be the first full pay period after City Council approval on October 6, 2026. The following one-time bonus amounts were agreed to with the understanding that this MOU will be reviewed and approved by City Council on October 6, 2026, and the MOU terms will be implemented the first full pay period after City Council approval:
• Employees in the following Water Production positions shall receive a one-time bonus of five thousand seven hundred dollars ($5,700):
o Senior Water Production Operator,
o Water Production Operator I,
o Water Production Operator II, and
o Water Production Operator III.
• Employees in the following Wastewater Treatment Plant positions shall receive a onetime bonus of five thousand ($5,000):
o Senior Wastewater Treatment Plant Operator,
o Wastewater Treatment Plant Operator I,
o Wastewater Treatment Plant Operator II,
o Wastewater Treatment Plant Mechanic I, and
o Wastewater Treatment Plant Mechanic II.
• Employees in the following Collection System positions shall receive a one-time bonus of three thousand eight hundred dollars ($3,800):
o Senior Collection System Maintenance Technician,
o Collection System Maintenance Technician I, and
o Collection System Maintenance Technician II.
• Employees in the following Water Distribution positions shall receive a one-time bonus of six thousand eight hundred dollars ($6,800):
o Water Distribution Foreperson,
o Senior Water Distribution Operator,
o Water Distribution Operator I, and
o Water Distribution Operator II.

In general, all retroactive payments will be processed within 30-60 days of approval.

Employees shall not call the Payroll Division prior to the end of the 60-day processing time.

ARTICLE III

FRINGE BENEFITS
SECTION 1: Health Insurance
The City and Union agree to a section 125 cafeteria plan, for this bargaining unit effective January 1, 2004. Insurance benefits are provided on a calendar year basis. The City will provide members of the Water/Wastewater bargaining unit a monthly allowance for the purchase of medical, dental and/or vision insurance as follows:

Effective the first full month following approval of MOU by City Council will increase to $1,800.00per month.

Effective the first full pay period in January 2027 the cafeteria benefit will increase to $1,900.00 per month.

Effective the first full pay period in January 2028 the cafeteria benefit will increase to $2,000.00 per month.

The City will adhere to the cafeteria plan requirements for all bargaining groups. Should the monthly allowance change, the City and the Union agree to meet and confer to discuss the impacts of the changes.

Employees who provide the City with satisfactory proof of alternate group health coverage comparable to the City's offered health insurance plans can decline, in writing, coverage on the City's medical insurance plans. The alternative health coverage must meet all requirements of the Affordable Care Act (ACA) and related regulations for an eligible Opt-Out Arrangement. In those instances where the employee's medical insurance premium is less than the City's monthly contribution, the difference between said cafeteria dollar amounts shall be provided in the form of bi-monthly cash disbursements (payable 24 times per year).

Cash disbursements to the employee are subject to being taxed, pursuant to the appropriate tax codes.

EMPLOYEES HIRED ON OR AFTER JULY 1, 2017
Employees hired on or after July 1, 2017, shall have a maximum cap of $550 per month for cash in-lieu or for the difference between the medical insurance premium and the cafeteria dollar amount.

SECTION 2: Retiree’s Health Insurance Participation
Members of this unit who retire from CalPERS and the City may, at the retiree's discretion, enroll in the City provided health insurance plan.

EMPLOYEES HIRED BEFORE JULY 1, 2017
15 to 20 Years of Service:

Prior to December 31, 2023, employees who retire after 15 but less than 20 years of City service, shall be eligible for City paid employee only medical insurance coverage, until Medicare age with dependent care available at employee's expense.

Effective December 31, 2023, employees who retire after 15 but less than 20 years of City service, up to the retiree reaching Medicare age and depending on their medical plan choice, the City’s retiree medical contribution shall be capped at $1,225 per month.

More than 20 Years of Service:

Prior to December 31, 2023, employees who retire after having served a minimum of 20 years with the City shall have 2-Party premiums paid for by the City up to Medicare age.

Effective December 31, 2023, employees who retire having served a minimum of 20 years with the City shall have medical contribution for the employee 2-Party premiums shall be capped at $2,100 per month, up to the retiree reaching Medicare age.

After the retiree reaches Medicare age, they can maintain health insurance with the City, but the retiree must pay the premiums. If the retiree is ineligible for Medicare benefits, the City will continue to pay the premiums, as long as the employee remains insurable. For all other employees, all premiums required by their and their spouses' participation in such health insurance plan shall be paid by the employee.

The City will provide the retiree's health insurance benefit through City provided medical insurance as described above to retirees who move outside the service area or California and enroll in a City provided health insurance plan. The City will reimburse the retiree monthly up to their premium rate.

ALL EMPLOYEES HIRED ON OR AFTER JULY 1, 2017
Employees hired on or after July 1, 2017, who retire after 15 but less than 20 years of City service shall have a reimbursement cap of $500 per month until Medicare age; employees who retire after having served a minimum of 20 years with the City shall have a reimbursement cap of $800 per month until Medicare age.

SECTION 3: Retirement Benefits
Each employee shall pay the full amount of the normal member contribution. Any Unit member that established CalPERS membership prior to the implementation of the Public Employees' Pension Reform Act of 2013 (PEPRA) in connection with City employment or that otherwise establishes "classic member" status, as defined in Section 579.1 of the California Code of Regulations, shall be subject to one of the following pre-PEPRA retirement formulas determined on the basis of their original date of hire: hired before June 1, 2012 is at 2.7% at

55, hired on or after June 1, 2012 is at 2.5% at 55. The normal member contribution applicable to members participating in these retirement formulas continues to be 8%. Any Unit member that is considered a "new member" as defined in PEPRA shall be subject to the PEPRA retirement formula for miscellaneous members hired after January 1, 2013 is at 2% at 62. The normal member contribution for "new members" will be determined by CalPERS in accordance with PEPRA.

The City will provide CalPERS 4th Level Survivor benefits to all IBEW Local 47 Water/Wastewater Unit employees.

The City will continue to provide the following benefits, as permitted by CalPERS for Classis Members:

A. One-year final compensation
B. Military buyback
SECTION 4: Term Life Insurance
Effective January 1, 2009, the City shall provide a total of $75,000 term life insurance for each represented full-time employee, effective the first of the month following the date of hire.

Employee may purchase additional life insurance at the employee's expense. Said additional coverage shall be at the employee's sole expense and shall be paid through authorized payroll deduction.

SECTION 5: Short-Term and Long-Term Disability
Short Term Disability:

The City shall provide to each represented employee a short-term disability program with an eligibility period of 30 continuous days. The term of the plan shall be more fully set forth in the plan documents; however, it shall provide for up to six (6) months of coverage at 66 ⅔% of the first $2,435 of the employee’s weekly pre-disability earnings, reduced by any deductible income. The elimination period is defined as the first 30 calendar days of each period of total disability. The employee may choose to supplement the disability allowance with accumulated paid leave up to a maximum of 100% of base salary including the disability allowance.

Long-Term Disability:

The City shall provide to each represented full-time employee a long-term disability plan. The terms of the plan shall be more fully set forth in the plan documents; however, it shall provide coverage at 66 ⅔% of the first $15,750 of the employee's monthly pre-disability earnings, reduced by any deductible. The elimination period is defined as the first 180 calendar days of each period of total disability. The employee may choose to supplement the disability allowance with accumulated paid leave up to a maximum of 100% of base salary including the disability allowance.

SECTION 6: Tuition Reimbursement
The City agrees to reimburse employees up to $2,500 per employee, per fiscal year, so long as funds are available for 100% of costs for tuition and books incurred for job-related education. The City shall budget all necessary expenses to fund tuition reimbursements.

Such expenditure must enhance furtherance of City or continuing educational goals. A request for Tuition Reimbursement shall be submitted to the Department Head in advance of enrolling in courses to ensure that funds are available. Requests for such reimbursement must be submitted upon successful completion of the course(s) and must be approved first by the Department Director, then by the Human Resources Director and City Manager.

Reimbursements shall be made within 45 days of approval. Employee-initiated educational or area development shall not be considered as time actually worked for purposes of computing overtime and normally shall not occur during regular work hours. Policy 4.05.310 shall be the procedure utilized during the term of this contract. This article shall not be construed to eliminate employer sponsored training for the maintenance of certifications required by the City or any other jurisdiction.

SECTION 7: Certificate Reimbursement
Contact hours, certificates and continuing education are applicable through the payment voucher process. Employees in the Water/Wastewater Unit are eligible to be reimbursed once the employee has received a passing grade or “passed” occurred. The amount per employee shall be up to $1,000 per fiscal year, and must be submitted within 45 days of receiving grade/pass notification. Any program that is recognized by the California State Water Resources Control Board or California Water Environment Association for contact hours, certifications, and continuing education credits shall be accepted as eligible under this Article.

SECTION 8: Uniforms
When the City furnishes uniforms to employees, such uniforms shall be worn at all times during working hours. Employees will not wear uniforms after working hours.

The value of uniform allowance shall be reported to CalPERS as pensionable compensation on behalf of all eligible employees at $19.23 per pay period in accordance with applicable CalPERS requirements and pursuant to the Public Employees ' Pension Reform Act (PEPRA).

SECTION 9: Boot/Shoe Allowance
Effective January 1, 2026, the City shall provide each eligible member a boot allowance of Four Hundred Dollars ($400) per fiscal year to purchase the required “safety” or “steel toed” boots. Said allowance will be provided as a separate check on the last pay period in June (or by fiscal year end). Employee must be on paid status to receive the $400 allowance.

SECTION 10: Class "A" or "B" Driver's License
The City agrees to pay for the cost of any California Commercial Driver's License over class "C" and any necessary work-related endorsements, for all permanent employees who are required to have one. If the employee lets the license and endorsement(s) lapse, the employee will incur any and all costs for the license Renewal and endorsements.

SECTION 11: Social Security
In the event the City and its employees are required to participate in the Federal Social Security program, the contribution designated by law to be the responsibility of the employee shall be paid in full by the employee and the City shall not be obligated to pay or "pick up" any portion thereof.

Nothing herein shall prevent the Union from requesting the City to meet and confer on the possible "pick up" of the employees' contribution. Upon such request by the Union, the City agrees to meet and confer with the Union.

SECTION 12: Medicare
Employees hired by the City on or after April 1, 1986, shall be required to pay the designated employee contribution to participate in the Medicare Program and the City shall be under no obligation to pay or "pick up" any such contributions.

ARTICLE IV
LEAVES
SECTION 1: Vacations
Accrual
All full-time employees shall accrue vacation time in accordance with the following:

During Periods of
Continuous
Service
Hours of Accrual
Per Month of
Service
Annual
Accrual
Maximum Accrual
Accumulation
0 Months - 5 Years 6 2/3 80 160
6-10 Years 10 120 240
11 Years 10 2/3 128 256
12 Years 11 1/3 136 272
13 Years 12 144 288
14 Years 12 2/3 152 304
15+ Years 13 1/3 160 320

Accruals shall be on a monthly basis in accordance with the above chart. Vacation accrual may be accumulated to not more than the appropriate maximum accumulation, except upon the written request of the affected employee and approval of the City Manager. In this event, an employee may be permitted to exceed the maximum accumulation by an amount not in excess of his accrual for a four-month period.

Previous City employment periods, during which vacation was accrued, may be considered as continuous service for the purpose of computing vacation rate, upon the written request of the Department Director and approval of the City Manager. Vacation leave accrual ceases when maximum accrual is reached.

Use
It is the intent that vacation time be used in time increments sufficiently long enough to permit the employee an adequate period of rest. The use of vacation time in less than weekly increments is to be discouraged. In no event may vacation be taken in increments of less than one hour nor for a period exceeding the number of accrued whole days, except upon the recommendation of the Department Director. The Department Director may approve applications for vacation that exceed the number of accrued whole days up to the number of days that will be accrued up to and during the vacation and any compensatory time taken in conjunction with the vacation time. The City Manager may authorize an eligible employee to incur a negative vacation balance of up to forty (40) hours. Vacation shall not be taken during the first six (6) months of service.

In the event one or more City holidays fall within an annual vacation leave, such holidays shall not be charged as vacation leave. No person shall be permitted to work for compensation for the City during vacation, except with prior approval of the City Manager.

Vacation Sell Back
Employees shall be eligible once per calendar year to be compensated at their regular rate of pay for up to 40 hours vacation accrued but not taken, subject to the following provisions:

1. Employees may make a written election to cash out some or all of the leave pay that the unit employee will accrue in the following year, subject to the provisions/limitations for cashouts/buy backs in this MOU. Such election to cash out leave pay must be made by the employee on or before December 31st of the year prior to the employee’s payout date for the leave pay being cashed out/bought back. Such election will be irrevocable once made.

2. The payout date for the cashed out/bought back leave pay will be in the first full pay period after December 1 of each year, and must be a date by which the unit employee will have accrued in such payroll year leave pay which equals or exceeds the amount of leave pay which the unit employee has elected to cash out.

Accumulated Time at Termination of Employment
An employee who terminates employment shall be paid for all credited or accrued vacation.

SECTION 2: Holidays
Each unit member shall receive the following 10-hour holidays:

New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Columbus Day
Veteran's Day (To be observed as the second Monday in November) Thanksgiving Day
Christmas Eve
Christmas Day
New Year's Eve
20 Floating Holiday Hours accrued each fiscal year
When one of the above holidays falls on Friday, the preceding Thursday shall be treated as a paid holiday. When one of the above holidays falls on Saturday, 10 hours shall be added to the employees' floating holiday bank. When one of the above holidays falls on Sunday, the following Monday shall be treated as a paid holiday.

If a City observed holiday falls on an employee’s regularly scheduled workday, then the employee will be permitted to take the holiday on the first regularly scheduled workday immediately preceding or following the holiday, as appropriate.

If, however, the employee cannot take the holiday due to staffing or other business necessities (operational needs or minimal staffing levels require two (2) employees be present on the plant premises at all times as long as an employee possessing a grade III is on site/available), the employee can choose to exercise one of the following options:

1. An employee whose regular shift assignment falls on an authorized holiday and who is required to work on that day shall be paid at their regular hourly rate of pay for the holiday, plus 1.5X (one and a half times) regular hourly rate of pay for the actual hours the employee was required to work on the authorized holiday or;

2. An employee whose regular shift assignment falls on an authorized holiday and who is required to work on that day shall be paid at their regular hourly rate of pay for the holiday, plus add ten (10) hours into the employee’s floating holiday bank.

Employee shall seek prior authorization from their supervisor as to the option selected above.

Floating Holiday hours that are not used by the end of each fiscal year will be cashed out in the first pay period following June 30th.

SECTION 3: Sick Leave
Sick leave shall be used in cases of actual sickness or disability when the employee is unable to perform their normal work assignment or as otherwise allowed in this section.

Sick Leave Usage
In order to receive compensation while absent from duty on sick leave, the employee must notify or cause to be notified, their immediate supervisor prior to the time set for the beginning of the employee's regular daily duties. Physician's certificate or work release form may be requested by the immediate supervisor if a potential sick leave abuse pattern appears to be developing. In this situation, the City may ask for a physician’s certificate for sick leave absences of any duration. Employees may use their accumulated sick leave for absence due to the following specified reasons:
• Illness or injury to the employee.
• A family member for preventive care or care of an existing health condition. • Exposure of the employee to a contagious disease.
• For specified purposes if they are a victim of domestic violence, sexual assault or stalking.
• To maintain a full paycheck while the employee is receiving Workers’ Compensation benefits.
• Other reasons as approved by the City Manager or designee.

Family members include the employee's parent (adoptive, biological, foster, stepparent, or legal guardian), child (adopted, biological, stepchild, legal ward, or child to whom employee stands in loco parentis), spouse, registered domestic partner, grandparent, grandchild, and sibling. Preventive care would include but are not limited to annual physicals or flu shots.

When absent for more than three (3) consecutively scheduled workdays, the employee may file a physician's certificate or work release indicating the employee was unable to perform their duties during their absence. Failure to file the necessary documents within two (2) days following the return to work will be cause for such absence to be charged as leave without pay. Physician's certificate or work release form may be requested by the immediate supervisor if a potential sick leave abuse pattern appears to be developing. On a case-bycase basis, if an employee called out sick, and does not have enough accrual leave time in their sick leave bank, they will not be charged to any other accrual bank and be without pay.

This does not apply to an employee on protective leave (i.e. workers’ comp, FMLA/CFRA, etc.).

Accrual
Sick leave with pay shall be accrued at the rate of eight (8) hours for each calendar month of service. Unused sick leave shall be accumulated at the rate of 96 hours a year. There shall be no limit on the amount that can be accumulated.

Sick Leave Reports
In order to receive compensation while absent on sick leave, the employee will phone within one (1) hour (60 minutes) with personal contact to the supervisor or department contact; if no response from either, voice mail will be allowed. The employee will leave a phone number where they can be called. When absence is for more than three (3) workdays, the employee shall file a physician's certificate or a personal affidavit with Human Resources stating the cause of the absence. The Supervisor will notify Human Resources of employees who have been absent for three (3) consecutive days.

Family Attendance
Employees shall have the option of using sick leave for attendance on family members, or the employee may elect to take leave without pay for attendance on family members. Family members are defined above.

Rights of Victims of Domestic Violence
Employees are eligible to take time off and use their accrued sick leave if they are a victim of domestic violence, sexual assault, stalking, a crime that caused physical injury or mental injury, or a crime involving threat of physical injury; or are someone whose immediate family member is deceased as a direct result of a crime; to obtain relief from a court, including obtaining a restraining order, to protect you and your children’s health, safety or welfare. In general, employees do not have to give employer proof to use leave for these reasons.

However, employees should tell the City before taking time off. In some instances, the City may request proof, and in those instances, employees will not be disciplined if explaining the reason for your absence within a reasonable time. Proof can be a police report, a court order, a document from a licensed medical professional, a victim advocate, a licensed health care provider, or counselor showing that you were undergoing treatment for domestic violence related trauma, or a written statement signed by you, or an individual acting on your behalf, certifying that the absence is for an authorized purpose. Employees are encouraged to speak with Human Resources staff if or when the need arises. HR Staff will provide discretion and confidentiality to employees that need help.

Sick Leave Sell Back
The City agrees to cash out up to 80 hours per calendar year of the employee’s sick leave at the regular rate of pay. Employees must have a remaining minimum balance of 160 hours of sick leave upon cash out subject to the following provisions:

1. Employees may make a written election to cash out some or all of the leave pay that the unit employee will accrue in the following year, subject to the provisions/limitations for cashouts/buy backs in this MOU. Such election to cash out

leave pay must be made by the employee on or before December 31st of the year prior to the employee’s payout date for the leave pay being cashed out/bought back. Such election will be irrevocable once made.

2. The payout date for the cashed out/bought back leave pay will be in the second full pay period in November of each year, and must be a date by which the unit employee will have accrued in such payroll year leave pay which equals or exceeds the amount of leave pay which the unit employee has elected to cash out.

Accumulated Sick Leave at Termination of Employee
As set forth in this section, all accrued sick leave is lost when an employee is terminated for cause from employment. In no event shall employees who have not worked for the City as regular full-time employees for five (5) continuous years be entitled to use sick leave to defer termination of their employment by the City, nor shall they be compensated for sick leave upon such termination for any reason including but not limited to retirement.

Notwithstanding the above, bargaining unit members with more than five (5) years of City employment who separate or are terminated for any reason other than a “for cause” termination shall be compensated for their accumulated unused sick leave, by payment in a lump sum. That sum is determined by the following formula:

The number of hours of sick leave accrued, multiplied by their gross hourly earnings at the time of termination, multiplied by a percentage as follows:

If employed more than five (5) years, but less than ten (10) 10% If employed more than ten (10) years, but less than fifteen (15) 25% If employed more than fifteen (15) years but less than twenty (20) years 50% If employed twenty (20) years or more 75%
Bargaining unit members terminated “for cause” shall not be entitled to cash out any accumulated, unused sick leave.

Members of the Water/Wastewater Unit who retire shall be provided a sum equal to the cash value as stated above of years of service with the City. The cash value shall be computed at the employee's hourly rate in existence at the time the monies are disbursed.

SECTION 4: Bereavement Leave
A total of 80 hours of bereavement leave to be used as follows:

Up to 40 hours per occurrence, two occurrences each fiscal year, may be taken by full-time employees of paid bereavement leave in the case of the death of the eligible employee's father, stepfather, father-in-law, mother, stepmother, mother-in-law, brother, stepbrother, sister, stepsister, wife, husband, domestic partner (so long as required by law), child,

stepchild, foster child or ward of the court, grandchild, grandparent, or reproductive loss.

These hours shall not be eligible to be carried forward beyond the fiscal year. The City reserves the right to require reasonable verification of the need for such leave.

AND/OR
Up to 20 hours per occurrence, up to four occurrences each fiscal year, (not to exceed 80 hours) each fiscal year, may be taken by full-time employees with pay as bereavement leave in the case of the death of the eligible employee’s brother-in-law, sister-in-law, grandparent of spouse, aunt or uncle, and aunt or uncle of spouse.

SECTION 5: Industrial Injury Leave/Insurance Premiums
The City will pay the insurance premiums for employees on leave of absence without pay due to industrial injury. Payment of insurance premiums will include health, dental, life and vision.

SECTION 6: Medical Leave of Absence
A medical leave of absence is defined as an approved medical leave (i.e., FMLA, CFRA, ADA, etc.) for regular full-time employees. A medical leave of absence without pay is defined as employees who have exhausted all accrued leaves and requested a leave of absence without pay. Employees on an approved medical leave of absence shall continue to receive City paid health, dental, life and long-term disability insurance provided they remain in paid status for a minimum of 80 hours in each calendar month. Any combination of accumulated vacation, holiday, administrative leave, or compensatory time may be utilized in order to achieve the 80-hour requirement. Accrual of leave while on medical leave of absence shall be pro-rated based on the number of compensable hours paid during each pay period. Disability payments may not be applied towards this 80-hour minimum.

No Cafeteria Plan will be paid to an employee while on medical leave of absence after the employee exhausts all accrued leaves and is on “medical leave of absence without pay” status.

If an employee on medical leave of absence is not on paid status for at least 80 hours in any month, City contribution towards the above-mentioned benefit programs will be suspended beginning the following month for the duration of the leave of absence. In this case, the employee may continue coverage under the City sponsored programs by making the full premium payments to the Human Resources Department by the last working day of the month preceding the month for which coverage is desired. In no event will insurance premiums be pro-rated.

ARTICLE V

WORKING CONDITIONS
SECTION 1: Shift Change
Employees shall be given a minimum of two weeks’ advance notice of a shift change, except in case of emergency. Department Heads shall consider the needs of the service and the employee in making assignments.

SECTION 2: Emergency Meal Periods
Employee shall earn meals at fixed intervals during periods of call-out or planned overtime, and during an extension of the regular or planned workday.

During call-out or planned overtime, one paid forty-five (45) minute meal period and one meal compensation of $15.00 will be earned for each four (4) consecutive hours of paid overtime completed.

During extension of the regular workday, one paid forty-five (45) minute meal period and one meal compensation of $15.00 will be earned after working a minimum of one and one-half (1 ½) consecutive hours of paid overtime completed; thereafter, meals will be earned after completion of each four (4) consecutive hour intervals as described above.

Employees that work one and one-half (1 ½) consecutive hours or more immediately prior to the beginning of a regular shift will earn a forty-five (45) minute meal period and a meal compensation of $15.00.

Employees called back within one and one-half (1 ½) hours after the end of their shift shall earn a forty-five (45) minute paid meal period and a meal compensation of $15.00. Paid meal periods will not count as hours worked.

It is recognized that employees may not be able to leave an emergency situation and that the final determination of this fact shall be made by the supervisor in charge of the particular activity. In the event that emergency circumstances prevent employees from leaving to take a meal break for at least six hours, the City shall arrange to have meals brought to the job site and employees may eat as circumstances permit.

Employees shall receive pay for earned meal periods and meal compensation regardless of whether the meal period or meal is actually utilized. All meal periods will be paid at the overtime rate.

SECTION 3: Inclement Weather
Whenever management decides not to send employees into the field during normal working hours due to inclement weather, said employees shall not suffer any loss of regular pay.

When employees are not assigned to the field under this provision, they may be given other duties, be given training, to be held to respond to emergency calls.

SECTION 4: Nepotism Policy
Refer to the City of Colton Personnel System Rules and Regulations Rule VIII, Section 8.

SECTION 5: Layoff Policy
Definition
A layoff is the involuntary separation or reduction of a regular employee to a position in a lower classification without fault of the employee. Layoff applies only to full-time positions. A layoff occurs only when a position is deleted from the authorized budget or when funds are withdrawn from a previously funded position.

Notification
Whenever the Department Director believes that a layoff will be necessary, the Director shall submit a layoff plan to the City Manager for approval. The layoff plan shall include the anticipated, and job title(s) of employees to be laid off and seniority list, by classification, of all affected employees and the Union shall be provided with a copy of the approved layoff plan at least two weeks prior to its effective date.

Order of Layoff
Layoffs shall be made on the basis of seniority determined by the employee's hire date of continuous service in a full-time position. In the event of a tie in total time of continuous service in a full-time position between two or more employees, the order of layoff shall be determined by employee number, the higher number being laid off first.

Before any reduction in the workforce of full-time employees occurs, all vacant budgeted positions within the classification would be eliminated. Then all temporary part-time, provisional, probationary, contract or other individuals without regular status in the affected classifications shall be terminated.

Probationary employees and employees in acting appointments, who have regular status in another classification, shall be returned to their former classification where they will be subject to layoff under provisions applicable to other employees in that classification.

If a regular employee to be separated has regular status in a lower classification, reduction in classification (bumping) within the City shall be approved. For purposes of bumping, the number of positions filled by the least senior employees in the affected classification(s) equal

to the number of positions being deleted from the classification shall be identified.

Additionally, all vacant positions in the affected classification shall be made available to the affected employees. This collective group of positions shall then be subject to the bumping process.

Regular employees whose positions have been deleted shall be allowed to exercise their options, based on seniority, to select either a vacant position or to bump into any one of the filled junior positions within their current classification. An employee who elects not to bump into any position within the collective group of vacant and filled junior positions, thereby retaining their existing classification, shall be provided the opportunity to select from those options identified in (G) of this exhibit.

Reductions in classification shall only be approved when the employee has previously passed probation in the lower classification and has seniority over identified employees in the lower classification. Reductions in classification shall first be made to the next lower classification in which the employee has regular status. The employee being reduced may only replace a junior employee, or be placed in a vacant position, in the classification identified pursuant to (D) above within the affected department. The junior employee being bumped will be separated or reduced in classification. This procedure shall continue until all reductions in classification and the ultimate separations are completed.

If bumping results in an assignment which the employee considers to be undesirable, each employee may request:

1. A voluntary demotion to any vacant position in the City;

2. A lateral transfer to a position in the department they have previously held regular status in and have seniority over the incumbent.

If a classification title is changed due to a reclassification, the employee shall retain bumping rights to the previous classification and series.

Any of these options require the approval of the City Manager.

Exception to Order of Layoff
The City and Union agree to meet to discuss the exception to Order of Layoff provision. Any additional changes will be presented to the City Council for approval.

Employee Rights While on Layoff
During the first two (2) years following a layoff, laid-off employees shall be assured the right of appointment to a vacant position in the same or equivalent classification to the one in which the employee has previously passed probation. Such employee must report for duty within two (2) weeks of notice or forfeit their rights to reappointment.

Retraining
The City will make reasonable efforts to provide retraining opportunities to laid-off employees that will qualify them in classifications, not related to their former classification, and will attempt to place said laid-off employees in vacant positions in the City for which they are qualified.

SECTION 6: Light Duty Policy
Purpose
To provide a uniform and effective return to work policy for a qualified injured worker under the Workers’ Compensation program. To establish a Citywide light duty program for employees whose physical industrial injuries preclude them from returning to the regular duties of their permanent position.

Policy
It is the goal of the City, with the cooperation of all departments and divisions, to locate and assign modified and/or light duty whenever possible to employees who are temporarily disabled from their regular job as a result of on-the-job injury. All such work assignments are to be within the limitations defined by the City-approved treating physician.

The following guidelines will be used when it becomes necessary to place an injured employee in the return-to-work program:

A. The City-approved physician shall describe the employee's limitations in sufficient detail to enable the City to determine if a suitable temporary modified or light duty work assignment exists.

B. The employee's regular work division shall attempt to locate or design a work assignment within the limitations described by the treating physician.

C. If the usual work division is unable to assign or locate suitable work, other divisions within the department shall be contacted to determine if a suitable work assignment exists.

D. If no suitable temporary assignment is available within the department, the Human Resources Director shall be contacted to consider alternatives including locating a temporary assignment for the employee in another department. The department to which the employee is regularly assigned will be charged to provide the regular wages.

E. Such temporary light duty assignment shall end upon any of the following occurrences:

1. A determination by the Department Director where the light duty assignment is being performed that the department is no longer able to provide such assignment;

2. Any termination of the employee including retirement, resignation, layoff or dismissal;

3. Release to regular duty by the City-approved physician.

F. Upon release to regular work duties, without restrictions, the employee shall be returned to his/her regular position.

Procedure
Each Department Director and/or Management Head shall be responsible for implementation of this policy within their unit, including instructing their employees. The Human Resources Director will inform the treating physician of the City's policy on modified and/or light duty.

Division Supervisors shall contact the Human Resources Director to confirm that the employee has returned to work a modified and/or light duty assignment and so advise the Human Resources Director within 24 hours of the injury. The applicable form shall be used for all releases to light duty where such work restriction exceeds one (1) week.

The employee's regular department or division shall maintain the employee's time sheet.

If the regular work unit cannot accommodate a modified and/or light duty assignment or locate another division within the department due to the employee's medical restriction or other difficulties, the Human Resources Director shall be notified by phone within twentyfour (24) hours. This shall apply to the initial request for modified and/or light duty as well as during the period following provision of modified work.

The Human Resources Director is to be notified in order to explore other modified duty alternatives and to ensure that both the City's approved physician and the City's Third-Party Administrator are informed of the employee's work status.

Exclusion
This program may preclude certain types of industrial illnesses, injuries, and very restrictive physical limitations that are limited by the treating physician. This program also precludes absences covered by the employee's sick leave provisions.

ARTICLE VI

GRIEVANCE PROCEDURE
SECTION 1: Statement of Purpose
The purpose and objectives of the grievance procedure are to:

A. Ensure fair and equitable treatment of all employees and to promote harmonious relations among employees and their supervisors.

B. Afford employees a written and simple means of obtaining consideration of their grievance by informal means at a supervisory level and review of the supervisor's decisions.

C. Resolve grievances as quickly as possible and to correct, if possible, the causes of grievances, thereby reducing the number of grievances and future similar complaints.

SECTION 2: Definitions
A. WORKDAY
A workday unless otherwise stated, a workday is a day on which City Hall is open for business for its full working hours.

B. GRIEVANT
Any person employed full-time by the City in the Water/Wastewater Division. The Union may file a grievance on behalf of its members.

C. GRIEVANCE
An alleged violation or non-compliance with the provisions of this MOU, any supplemental MOU, City of Colton's written or unwritten personnel rules and regulations, and other policies and practices.

D. REPRESENTATIVE
A person who is, at the request of the employee or supervisor, invited to participate in the grievance or conferences.

E. IMMEDIATE SUPERVISOR
The person, having evaluation responsibility for the Grievant.

F. CLASS GRIEVANCE
Employees or their representative must submit their grievance in writing. Individual grievances may be treated as a single grievance or as a class at the discretion of the parties.

1. Resolution of a class grievance may not be consistent among all grievants in the class grievance due to differences in circumstances or occurrences which brought about the grievance.

2. Any grievant unsatisfied with the decision at any procedural step shall retain their individual rights to appeal to the next step in the grievance procedure.

G. ANSWER
The response to the grievance of any of Steps A-F in Article VI, Section 7. All answers to C-F must be written. If an answer does not resolve the grievance to the grievant's

satisfaction, the answer will inform the grievant of the next step in the grievance procedure, and the time deadline for processing.

H. UNION STEWARD
An employee of the City of Colton assigned to a classification in the Water/Wastewater Division who is appointed by the Union Business Manager to represent employees at the work location. Such appointment shall be announced in writing to the Department Director prior to taking effect. Any Union activities of such Steward during working hours shall have prior permission from Department Director.

SECTION 3: Representation
A. Employees may choose a representative at any stage of the grievance procedure.

B. The grievant and designated representative shall receive release time for the purpose of representing the grievant at any step. For purposes of this section, representation includes reasonable preparation and consultation.

C. The only limit on the grievant's representation is that there may be only one other person from the bargaining unit on paid status. Representation shall not inordinately interfere with the normal course of City business.

SECTION 4: Time Limits
A. Failure by a grievant to meet a deadline set in this procedure shall terminate the grievance, and the grievant shall not have a right to re-file on the same set of facts, unless good cause is shown for the delay, or if the City waives the deadline.

B. Failure by the City to meet a deadline shall be deemed denial of the grievance and shall entitle the grievant to move to the next step, provided the employee does so in accordance with the time limits in the grievance procedure.

C. Time limits in this procedure may be extended by mutual written agreement between the parties.

D. The employee and representative will be given at least five (5) business days, but more appropriately ten (10) business days, written notice of any meeting scheduled in accordance with this Grievance Procedure. This provision may be waived by mutual agreement between the parties in writing.

SECTION 5: Withdrawal
Any formal grievance may be withdrawn by the grievant at any time, and must be done in writing. Withdrawal of a formal grievance will be with prejudice and shall remove the right of

the grievant to re-file on the same set of facts. Withdrawal of informal grievances shall be without prejudice.

SECTION 6: Freedom from Reprisal
No grievant shall be subject to coercion, discrimination, reprisal, or disciplinary action for discussing a complaint or grievance with the immediate supervisor, or for the good faith filing of a grievance.

SECTION 7: Procedure
Waiver of Steps
Any step in this procedure may be waived by mutual agreement of the parties.

Informal Resolution
A. Within ten (10) business days after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant' s supervisor.

B. Every effort shall be made to resolve a grievance through discussion between the employee or the representative and the employee's immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quietly and fairly and without any subsequent discrimination against employees who may seek to adjust a grievance. Every effort shall be made to find an acceptable solution at the lowest level of supervision.

Formal Resolution
A. If the grievance cannot be resolved informally, the grievant shall submit a formal written grievance to the immediate supervisor on the grievance form (see Exhibit D) in accordance with the time limits described in the informal resolution procedure above.

B. Appeal to Division Head: If the grievance is not resolved between the employee and the immediate supervisor, the employee or the representative may, within ten (10) business days from the date of receiving the written answer from his or her supervisor, request an interview with the division head, if one exists, in order to discuss the grievance. The meeting with the division head will be held within ten (10) business days of the submission of the request for the meeting. The division head will answer within ten (10) business days of meeting with the grievant(s).

C. Appeal to Department Director: If the division head and the employee cannot reach a solution to the grievance, the employee or the representative may, within ten (10) business days from the date of receiving the answer from the division head, request in writing and be granted an interview with the department director. The interview will be scheduled within ten (10) business days of the employee submitting the request. The

department director shall render an answer within ten (10) business days of meeting with the grievant.

D. Appeal to City Manager: If the department director and employee are unable to arrive at a satisfactory solution, the employee or the representative may, within ten (10) business days from the date of the decision by the department director, submit a written appeal to the City Manager. The City Manager shall schedule a meeting with the grievant and the representative within ten (10) business days of receiving the appeal. The City Manager shall meet with the grievant and the representative and review the grievance and shall answer within ten (10) business days of discussing the grievance.

E. Appeal of City Manager's Decision: If the employee is not satisfied with the decision of the City Manager, the employee or the Union may, within ten (10) business days from the date of receiving the decision of the City Manager, submit a written request to the City Manager for the grievance to be heard by an arbitrator.

F. Selection of Arbitrator: If the parties are unable to mutually select an arbitrator, the State Mediation and Conciliation Service shall be requested to submit a list of seven persons qualified to act as arbitrators. Within five (5) business days following receipt of the list of arbitrators, the parties shall select an arbitrator. Unless the parties agree to another method of selecting an arbitrator, the parties shall alternately strike one name from the list until one name remains. The right to strike the first name is determined by coin toss.

G. Private Hearing: Grievance arbitration hearings shall be private.

H. Costs and Expenses: Each party shall bear equally the cost of the fees and expenses of the arbitrator and court reporter, if any. Each party shall bear its own witness and attorney fees.

I. The arbitrator shall render a decision in writing within thirty (30) calendar days of the close of the hearing or of receipt of closing briefs, whichever is later. The decision of the arbitrator is final and binding and is not subject to any administrative or judicial review except pursuant to the Civil Code Procedure Section 1286.2.

ARTICLE VII

GENERAL PROVISIONS
SECTION 1: Savings Clause
Should any provisions of this MOU be held invalid by a court of competent jurisdiction, then the remaining provisions shall remain in full force and effect.

SECTION 2: Term of Agreement
The agreement will last for a three (3) year period beginning January 1, 2026 and ending midnight December 31, 2028.

SECTION 3: Maintenance of Terms and Conditions of Employment All other terms and conditions of employment in existence immediately prior to the effective date of this MOU and not altered by this MOU, shall remain the same, unchanged, and in full force and effect unless altered by the mutual agreement of the City and the Union.

SECTION 4: Council Adoption
If this MOU is acceptable to City Council, the City Council may adopt the MOU by appropriate action at the first scheduled meeting following the signing of this MOU.

SECTION 5: Conclusiveness of Memorandum of Understanding The parties acknowledge that during the negotiations which resulted in this MOU, each had the right and opportunity to make demands and proposals with respect to subjects within the scope of representation. Accordingly, all wages, hours, and terms and conditions of employment in this MOU and in the consolidated MOU shall remain in full force and effect for the term of this MOU, provided, however, that the parties may, upon mutual agreement, renegotiate any part or provisions of this MOU during its term. All practices enjoyed by the employees at the present time, which are not included in, or specifically changed by or contradictory to this MOU are subject to meet and confer prior to implementing any proposed change.

Any prior or existing Memoranda of Understanding between the parties regarding matters within the scope of representation are hereby superseded and terminated in their entirety.

FOR THE CITY OF COLTON: FOR IBEW:
__________________________ _______________________________ Frank J. Navarro, Mayor Colin Lavin, Business Manager
IBEW Local #47
__________________________ _______________________________ Date Stan Stosel, Senior Assistant
Business
Manager, IBEW Local #47

______________________________
John Baca, Assistant Business
Manager, IBEW Local #47
______________________________
Date

CITY OF COLTON
EXHIBIT A – FORMAL GRIEVANCE PROCEDURE FORM
Name(s): ____________________________________________________________________ Classification(s): _____________________________________________________________ Division/Dept: _______________________________________________________________ Steward/Representative: ______________________________________________________ Date of Incident: _____________________________________________________________ Date Grievance Filed: _________________________________________________________ Article, Rule or Policy: _________________________________________________________ _____________________________________________________________________________ Statement of Grievance and Remedy Requested: _______________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _________________________________________________
Signed: _____________________________________________ Date: ____________________ Grievant/Designated Representative
Supervisor’s Response: ___________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _________________________________________________
Signed: _____________________________________________ Date: ____________________ Supervisor’s Signature

Accepted: ____________________________ Rejected: ____________________________ Appealed to Division Head: _______________________________________________________ Grievant’s Response: ____________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _______________________________________________________ Signed: _____________________________________________ Date: ____________________ Grievant/Designated Representative’s Signature
Division Head’s Response: ________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _______________________________________________________ Signed: _____________________________________________ Date: ____________________ Accepted: ____________________________ Rejected: ____________________________ Appealed to Department Head: _____________________________________________________ Grievant’s Response: _____________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ _______________________________________________________ Signed: _____________________________________________ Date: ____________________ Grievant’s/Designated Representative’s Signature

Department Head’s Response: ______________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ___________________________________________________________________ Signed: _____________________________________________ Date: ____________________ Department Head’s/Designee’s Signature
Accepted: ____________________________ Rejected: ____________________________ Appealed to City Manager: ________________________________________________________ Grievant’s Response: _____________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ___________________________________________________________________ Signed: _____________________________________________ Date: ____________________ Grievant’s/Designated Representative’s Signature
City Manager’s Response: _________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ___________________________________________________________________ Signed: _____________________________________________ Date: ____________________ City Manager’s/Designee’s Signature
Accepted: ____________________________ Rejected: ____________________________ Appealed to Grievance Panel (Arbitration)*___________________________________________ Signed: _____________________________________________ Date: ____________________ Signed: _____________________________________________ Date: ____________________ *Grievance Panel (arbitration) may only be authorized by Union Staff.

IF ADDITIONAL SPACE IS NEEDED, PLEASE ATTACH SEPARATE SHEET(S)

58416559.1/005761.00042

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF COLTON
AND
THE TEAMSTERS LOCAL 1932

GENERAL EMPLOYEES UNIT
TERM
JULY 1, 2026 THROUGH JUNE 30, 2029

58416559.1/005761.00042
INDEX

ARTICLE I
EMPLOYER-EMPLOYEE RELATIONS............................................................................5 SECTION 1: RECOGNITION..............................................................................................5 SECTION 2: SCOPE OF REPRESENTATION ..................................................................5 SECTION 3: UNION MEMBERSHIP AND DEDUCTIONS.............................................6 SECTION 4: UNION AND CITY PROPOSALS ................................................................6 SECTION 5: GRIEVANCE PROCEDURE.........................................................................6

1. Statement Of Purpose ................................................................................................6

2. Definitions..................................................................................................................6

3. Procedure ...................................................................................................................7

4. Appeal Of City Manager’s Decision..........................................................................8

5. Representation............................................................................................................9

6. Self-Representation....................................................................................................9

7. Freedom From Reprisal..............................................................................................9

8. Time Limits..............................................................................................................10

9. Disciplinary Action Appeal Process ........................................................................10 SECTION 6: CONTRACT BAR........................................................................................11 SECTION 7: MANAGEMENT RIGHTS ..........................................................................11 SECTION 8: NEW EMPLOYEE ORIENTATION ...........................................................11 SECTION 9: SHOP STEWARDS......................................................................................13

ARTICLE II
COMPENSATION ................................................................................................................14 SECTION 1: SALARY.......................................................................................................14 SECTION 2: OVERTIME ..................................................................................................14

1. Rest Period...................................................................................................................14

2. Overtime Pay ...............................................................................................................14

3. Compensatory Time Off ..............................................................................................15

4. Compensatory Time as Cashout ..................................................................................15

5. Overtime Authorization ...............................................................................................15

6. Training And Travel Time ...........................................................................................16

7. City Vehicle Use ..........................................................................................................16

8. Call Back Pay...............................................................................................................16

9. Standby Pay .................................................................................................................16 SECTION 3: ACTING PAY...............................................................................................17 SECTION 4: LONGEVITY PAY.......................................................................................17 SECTION 5: EDUCATION & CERTIFICATE INCENTIVE PAY..................................18 SECTION 6: SPECIAL ASSIGNMENT COMPENSATION............................................19 SECTION 7: BILINGUAL PAY ........................................................................................19 SECTION 8: PROMOTIONS.............................................................................................19 SECTION 9: WORK PERFORMANCE EVALUATIONS ..............................................20 SECTION 10: UTILITY CREDIT .......................................................................................20 SECTION 11: HAZARD PAY.............................................................................................20 SECTION 12: RETROACTIVE PAY CALCULATIONS ..................................................20

58416559.1/005761.00042

ARTICLE III
FRINGE BENEFITS:.............................................................................................................21 SECTION 1: HEALTH INSURANCE .................................................................................21 SECTION 2: RETIREMENT................................................................................................21 SECTION 3: PERS 4TH LEVEL SURVIVOR BENEFITS .................................................22 SECTION 4: RETIREES HEALTH INSURANCE PARTICIPATION ..............................22 SECTION 5: TERM LIFE INSURANCE.............................................................................23 SECTION 6: SHORT-LONG TERM DISABILITY............................................................23 SECTION 7: TUITION REIMBURSEMENT......................................................................24 SECTION 8: UNIFORMS ....................................................................................................24 SECTION 9: SOCIAL SECURITY......................................................................................26 SECTION 10: MEDICARE....................................................................................................26

ARTICLE IV
LEAVES...................................................................................................................................26 SECTION 1: VACATION.....................................................................................................26

1. Accrual..........................................................................................................................26

2. Use ................................................................................................................................27

3. Vacation Sell Back........................................................................................................27

4. Accumulated Hours At Termination.............................................................................27 SECTION 2: HOLIDAYS.....................................................................................................28 SECTION 3: SICK LEAVE..................................................................................................29

1. Accrual..........................................................................................................................29

2. Sick Leave Sell Back ....................................................................................................29

3. Sick Leave Reports.......................................................................................................29

4. Family Attendance ........................................................................................................30

5. Accumulated Hours At Termination.............................................................................30 SECTION 4: BEREAVEMENT LEAVE.............................................................................30 SECTION 5: MEDICAL LEAVE OF ABSENCE ...............................................................31 SECTION 6: INDUSTRIAL INJURY LEAVE/INSURANCE PREMIUMS......................31

ARTICLE V
WORKING CONDITIONS...................................................................................................31 SECTION 1: WORK HOURS ..............................................................................................31 SECTION 2: SHIFT CHANGE ............................................................................................32 SECTION 3: EMERGENCY MEAL PERIODS ..................................................................32 SECTION 4: MECHANICS’ TOOLS ..................................................................................32 SECTION 5: NEPOTISM POLICY......................................................................................32 SECTION 6: LAYOFF POLICY..........................................................................................33

1. General Provisions........................................................................................................33

2. Notification ...................................................................................................................34

3. Order Of Layoff............................................................................................................34

4. Exception To Order Of Layoff .....................................................................................35

5. Employee’s Rights While On Layoff ...........................................................................35

6. Retraining......................................................................................................................36

58416559.1/005761.00042
SECTION 7: REASONABLE SUSPICION DRUG/ALCOHOL TESTING POLICY .....36

1. Policy On Drug And Alcohol-Free Workplace ............................................................36

2. Categories And Methods Of Testing ............................................................................38

3. Employees Subject To Testing .....................................................................................39

4. Substances For Which Testing Will Occur...................................................................39

5. Substance Testing Procedures.......................................................................................39

6. Rehabilitation Program.................................................................................................41

7. Disciplinary Action.......................................................................................................42

8. Management/Supervisory Responsibilities...................................................................42

9. Substance Abuse Professional ......................................................................................42

10. Medical Review Officer................................................................................................43

11. Employee Status............................................................................................................43

12. Retests...........................................................................................................................44

13. Confidentiality ..............................................................................................................44

14. Training.........................................................................................................................44

15. Right Of Association Participation ...............................................................................44

16. Severability ...................................................................................................................44

17. Revisions To The Policy...............................................................................................44 SECTION 8: SAFETY REVIEW COMMITTEE...............................................................45 SECTION 9: BENEFITS REVIEW COMMITTEE ...........................................................45

ARTICLE VI
GENERAL PROVISIONS.....................................................................................................45 SECTION 1: CLASSIFICATION STUDIES ......................................................................45 SECTION 2: SAVINGS CLAUSE ......................................................................................46 SECTION 3: CONCLUSIVENESS OF MEMORANDUM OF UNDERSTANDING ......46 SECTION 4: TERM OF AGREEMENT .............................................................................46 SECTION 5: COUNCIL ADOPTION.................................................................................47

58416559.1/005761.00042

ARTICLE I

EMPLOYER-EMPLOYEE RELATIONS
SECTION 1: RECOGNITION
The City of Colton (known as “City”) hereby recognizes the Teamsters Local 1932 General Unit (known as “Union”) as the representatives of employees in this Union, which encompasses all fulltime positions in the City in the following classifications:

Account Technician I & II
Accountant
Administrative Assistant
Assistant Planner
Building Inspector I & II
Building Maintenance Worker I, II & III
Community Childcare Administrative Assistant
Customer Services Representative I, II & III
Engineering Technician I & II
Equipment Mechanic
Equipment Operator II
Fire Safety Specialist I & II
GIS Specialist
Lead Equipment Mechanic
Maintenance Crew Leader
Maintenance Worker I, II, & III
Network Technician
Office Specialist I & II
Payroll Technician I & II
Planning/Building Technician
Plans Examiner I & II
Purchasing Technician
Recreation Services Coordinator
Senior Office Specialist
Senior Water Conservation Specialist
Storekeeper
Water Conservation Specialist

INACTIVE POSITIONS LIST
Position - Title
Homeless Solutions Coordinator
Streets Maintenance Worker I, II,& III
SECTION 2: SCOPE OF REPRESENTATION
Scope of representation shall include all matters pertaining to wages, hours and other terms and conditions of employment.

58416559.1/005761.00042
SECTION 3: UNION MEMBERSHIP AND DEDUCTIONS
Upon being notified by Teamsters Local 1932, the City shall, on behalf of the Bargaining Unit, deduct voluntary monthly Bargaining Unit dues from the members’ salaries. The Bargaining Unit agrees to indemnify the City and to hold the City harmless against any and all claims, demands, suits or other forms of liability that may arise out of, or by reason of, any action taken by the City for the purposes of complying with the provisions of this article.

Effective November 30, 2021, the City will implement a program to facilitate a member’s voluntary payroll contribution to the Teamsters D.R.I.V.E. (Democrat Republican Independent Voter Education) program and for transmission of such voluntary deductions to D.R.I.V.E.

National Headquarters on a monthly basis. Teamsters shall reimburse the City annually for the City’s cost for the expense, if any, incurred in administering the D.R.I.V.E. deduction.

SECTION 4: UNION AND CITY PROPOSALS
Due date for Union and City proposals will be 90 days prior to the expiration of the MOU.

SECTION 5: GRIEVANCE PROCEDURE

1. Statement Of Purpose
The purpose and objectives of the grievance procedure are to:

A. Ensure fair and equitable treatment of all employees and promote harmonious relations among employees and their supervisors.

B. Afford employees a written and simple means of obtaining consideration of their grievance by informal means at supervisory level and review of the supervisor’s decisions.

C. Resolve grievances as quickly as possible and correct, if possible, the causes of grievances, thereby reducing the number of grievances and future similar complaints.

2. Definitions
A. Day: A workday unless otherwise stated. A workday is a day in which City Hall is open for business for its full normal working hours.

B. Binding Arbitration: To place the findings of the Arbitration under legal obligation by contract or oath.

C. Grievant: An employee in the General Unit. The Union may file a grievance on behalf of itself or its members.

58416559.1/005761.00042
D. Grievance: An alleged violation or non-compliance with the provisions of this MOU, any supplemental MOU, City of Colton’s written or unwritten personnel rules and regulations.

E. Arbitration: An attempt to bring about a peaceful settlement or compromise between disputants through the objective intervention of a neutral party.

F. Arbitrator: A person chosen to arbitrate a dispute between parties as opposed to a court of law.

G. Representative: A person who, at the request of the employee or supervisor, is invited to participate in the grievance or conferences.

H. Immediate Supervisor: The person having evaluation responsibility for the Grievant.

I. Class Grievance:
i. Each employee must submit their grievance in writing. Individual grievances may be treated as a single grievance or as a class at the discretion of the parties. ii. Resolution of a class grievance may not be consistent among all grievants’ in the class grievance due to differences in circumstances or occurrences, which brought about the grievance.
iii. Any grievant unsatisfied with the decision at any procedural step shall retain their individual rights to appeal to the next step in the grievance procedure.

J. Answer: An answer is the response to the grievance at any of Step A through F in Part

3. All answers must be written. If an answer does not resolve the grievance to the grievants’ satisfaction, the answer will inform the grievant of the next step in the grievance procedure, and the time deadline for processing.

3. Procedure:

A. Informal Resolution: Within ten (10) business days after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant’s immediate supervisor. This step will be deemed waived if the immediate supervisor or the immediate supervisor’s action is the subject of the grievance.

Every effort shall be made to resolve a grievance through discussion between the employee and the employee’s immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quietly and fairly without any subsequent discrimination against employees who may seek to adjust a grievance. Every effort shall be made to find an acceptable solution at the lowest level of supervisor.

The supervisor will answer the grievance, in writing, within ten (10) business days of presentation by the employee.

58416559.1/005761.00042
B. If the problem cannot be resolved between the employee and the immediate supervisor, the employee may within ten (10) business days from the date of receiving the written answer from the supervisor; request an interview with the division head, if one exists, in order to discuss the grievance. The meeting with the division head will be held within ten days of the employee submitting the request for the meeting.

The division will answer within ten (10) business days of meeting with the grievant(s).

C. If the division head and the employee cannot reach a solution to the grievance, the employee may, within ten (10) business days from the date of receiving the answer from the division head, request in writing and be granted an interview with the Department Director. The interview will be scheduled within ten (10) business days of the employee submitting the request.

The Department Director shall render an answer within ten (10) business ten days of meeting with the grievant.

D. If the Department Director and employee are unable to arrive at a satisfactory solution, the employee may, within ten (10) business days from the date of the decision by the Department Director, submit a written appeal to the City Manager. The City Manager shall schedule a meeting with the grievant within ten (10) business days of receiving the appeal. The City Manager shall meet with the grievant and review the grievance and shall answer within ten (10) business days of discussing the grievance.

4. Appeal Of City Manager’s Decision
A. If the grievant is not satisfied with the decision of the City Manager, the employee or the Union may, within ten (10) business days from the date of receiving the decision of the City Manager, submit a written request to the City Manager for the grievance to be heard by an arbitrator.

B. Selection of Arbitrator: If the parties are unable to mutually select an arbitrator, the State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as an arbitrator.

C. Private Hearing: Arbitration hearings shall be private.

D. Cost and Expenses - Each party shall bear equally the cost of the fees and expenses of the arbitrator, if any. Each party shall bear its own witness and attorney fees.

The arbitrator shall render a decision in writing, within thirty (30) calendar days of the close of the hearing or of receipt of closing briefs, whichever is later. The decision of the arbitrator is final and binding and is not subject to any administrative or judicial review except pursuant to the Civil Code Procedure.

58416559.1/005761.00042

5. Representation:

A. An employee may request representation of their choice at any stage of the grievance procedure.

B. The grievant and designated representative shall receive release time for the purpose of representing the grievant at any step. For purposes of this section, representation includes reasonable preparation and consultation.

C. The only limit on the grievant’s representation is that there may be only one other person from the bargaining unit on paid status. Representation shall not inordinately interfere with the normal course of City business.

6. Self-Representation
A. In the event a grievant elects to exercise the right to self-representation, and objects to the attendance of a Union Representative and/or Business Representative, such individuals shall be excluded; provided, however, representatives of the Union will have certain rights of access to the records of the grievance proceeding. This right of access is provided in recognition of the Union’s interest in effective representation of its members.

B. Accordingly, the City shall provide the Union access to:
i. Information concerning the nature of the grievance.
ii. Any procedures utilized during the course of the grievance proceeding. iii. The results of the grievance proceeding, including any discipline imposed.

C. However, in order to recognize the personal privacy interests of employees, the City shall delete from the grievance record:
i. The name of the employee filing the grievance.
ii. The employee’s social security number, address, and telephone number. iii. Any other personal information protected under right of privacy.

7. Freedom From Reprisal
No grievant shall be subject to coercion, discrimination, reprisal, or disciplinary action for discussing a complaint or grievance with their immediate supervisor, or for the good faith filing of a grievance.

58416559.1/005761.00042

8. Time Limits
A. Failure by a grievant to meet a deadline set in this procedure shall terminate the grievance, and the grievant shall not have a right to refile on the same set of facts, unless good cause is shown for the delay, or if the City waives the deadline.

B. Failure by the City to meet a deadline shall give the grievant the right to proceed to the next step.

C. Time limits in this procedure may be extended by mutual written agreement between the parties.

9. Disciplinary Action Appeal Process
The disciplinary action appeal process is to allow employees who are dissatisfied with management action to have the following forms of recourse:

A. WRITTEN REPRIMANDS: An employee who receives a written reprimand may appeal such action to the City Manager. The written reprimand will include a notice of appeal rights. Such appeal shall be made in the form of a memorandum or letter to the City Manager from the authorized Union representative within three (3) business days of receiving the reprimand. The City Manager shall have five (5) business days to meet with the employee and five (5) business days to issue a written determination following such meeting.

The determination of the City Manager shall be final and binding and shall not be subject to further appeal.

B. DISCIPLINE APPEAL PROCEDURE (DISCIPLINARY SUSPENSIONS, DEMOTIONS AND DISMISSALS): The City shall comply with Administrative Policy No. 4.05.250, thus ensuring that employees are afforded “due process.” A permanent employee who is suspended, demoted or dismissed shall have the right to appeal to an arbitrator. Such appeal to be made in the form of a memorandum or letter to the City Manager from an authorized Union representative within ten (10) business days of receiving the “Order of Disciplinary Action.”
The disciplinary appeals process is as follows:
i. Selection of an Arbitrator: If the parties are unable to mutually select an arbitrator, the State Mediation and Conciliation Service shall submit a list of seven (7) persons qualified to act as an arbitrator. Within five (5) days following receipt of the list of arbitrators, the parties shall select an arbitrator. Unless the parties agree to another method of selecting the arbitrator, the parties shall alternately strike one name from the list until one name remains. The right to strike the first name is determined by coin toss. The coin toss process will be as follows: names shall be drawn from a hat as to who calls the coin toss; whichever side was not selected to call the coin toss will flip the coin.

58416559.1/005761.00042
ii. Private Hearing: Discipline arbitration appeal hearing shall be private unless the employee wishes the hearing to be open.
iii. Costs and Expenses: Each party shall bear equally the cost of the fees and expenses of the arbitrator and court reporter, if any. Each party shall bear its own witness and attorney fees.

The arbitrator shall render a decision in writing within thirty (30) calendar days of the close of the hearing or of receipt of closing briefs, whichever is later. The decision of the arbitrator is final and binding and is not subject to any administrative or judicial review except pursuant to the Code of Civil Procedure.

SECTION 6: CONTRACT BAR
It is understood that this MOU shall constitute a bar to any petition or request for recognition in any unit, which includes classifications of employees covered by this MOU where such petition or request seeks to represent such employees at any time prior to the expiration of this MOU.

SECTION 7: MANAGEMENT RIGHTS
It is understood and agreed that the City retains all of its powers and authority to direct, manage, and control to the full extent of the law. Included in, but not limited, to those duties and powers are the rights to: determine its organization; direct the work of its employees; determine the times and hours of operation; determine the level, means, and kinds of services to be provided; establish its policies, goals, and objectives; determine staffing patterns; determine the number and kinds of personnel required; contract out work, transfer work out of the unit, maintain the efficiency of City operations, build, move, or modify facilities; establish budget procedures and determine budgetary allocation; determine the methods of raising revenue and take action on any matter in the event of an emergency. Emergency is a sudden, generally unexpected, occurrence or occasion requiring immediate action which affects City facilities or equipment or otherwise involves an Act of God or specific governmental order requiring the City to take certain action or refrain from taking certain action. In addition, the City retains the right to hire, classify, assign, evaluate, promote, discipline, and terminate employees for just cause.

It is expressly agreed by both parties that the City’s determination to exercise those rights described herein shall not be subject to the meet and confer process. However, the impact of exercising said rights is subject to the meet and confer process.

It shall be the policy of the City that no employee shall be interfered with, intimidated, restrained, coerced, or discriminated against in matters of employment, appointments, promotions, or other actions requiring the application of the merit principle. The City’s actions in exercising the rights described herein shall be based on merit and fitness, free of favoritism and personal and political considerations.

SECTION 8: NEW EMPLOYEE ORIENTATION
New employee orientation means an “in person” meeting designated as such and scheduled with

58416559.1/005761.00042
representatives of the City of Colton to advise and inform new employees of their employment benefits, responsibilities, City Rules, and other similar related matters. Currently, the City performs new employee orientations on the first day of work, typically at the beginning of a pay period (Monday at 8 a.m.). However, there may be instances where orientations are held on a different date and/or time following their actual start date due to business needs. Typically, the orientation process lasts one (1) to two (2) hours.

The City of Colton will make every effort to provide written notice (by email, letter, or text) to the Union of all new employee orientations, which they represent, at least fifteen (15) calendar days, no less than ten (10), prior to the scheduled orientation. The new employee orientation notice provided to the Union shall include the date, time, and location of the orientation. This will allow for proper scheduling to ensure that representative(s) from the Union are available to meet with the employee prior to or following the orientation session. If the Union or its representative is not available on the day or time the City has scheduled its orientation, the City will allow the Union to meet with the new employee within a week of hire.

Teamsters Local 1932 will be provided the opportunity to have up to two (2) representatives to meet with the new employee for up to 45 minutes of uninterrupted private time prior to or following of the new employee orientation. The Union may provide written materials, including a packet of information, to the new employee(s). The Union agrees in its portion of the orientation not to engage in speech that could cause substantial disruption or material interference with City business and activities and to comply with all City policies and procedures.

The Union’s presentation will be conducted during paid City time as a regular part of the new employee orientation. One (1) of the two Union representatives will be the Business Agent and the other may be a Bargaining Unit member (City employee). Approval from the Department Director shall be authorized prior to a Bargaining Unit member attending the new employee orientation. At no time shall the Bargaining Unit member (acting as a Union representative) meeting with the new employee result in any overtime or additional costs to the City. A Bargaining Unit member attending the orientation as a Union representative shall do so during their regular working hours so as to not incur additional costs to the City. The Union will provide the Human Resources Director, at least 48 working hours in advance, notice of the name(s) of the Bargaining Unit member(s) who they wish to attend the orientation.

During the new employee orientation, the City shall make every effort to provide a written statement, obtained from the Union, to each new employee hired into a position/classification represented by the Teamsters Local 1932 Bargaining Unit, that the employee’s position is represented by the Union. To properly identify current leaders, the Union will provide a roster of representative(s) to the City prior to such orientation.

Within 30 days of hire or by the first pay period of the month following hire, the City of Colton shall provide Teamsters Local 1932 with the name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the employer, as well as home address of all newly hired employees. While AB119 requires that the City of Colton provide the Union with this information for all employees in the Bargaining Unit at least

58416559.1/005761.00042
every 120 days, Teamsters Local 1932 agrees to receive this information twice a year on July 1st and January 1st, except as specified.

Employees who choose not to have their personal information (home address, home telephone number, personal cellular number, or personal email address) released to the Union can sign a Waiver of Informational Release form.

SECTION 9: SHOP STEWARDS
Employees who have been appointed as Shop Stewards by the Union must be identified to the Human Resources Director.

The City recognizes the right of Teamsters Local 1932 to designate Shop Stewards and alternates from the Colton General Employees Unit. The duties and activities of Shop Stewards and alternates so designated by Teamsters Local 1932 shall be but not limited to:

A. The investigation and presentation of grievances with the City of the designated City representative in accordance with the provisions of the MOU and the laws governing the State of California. Only one (1) Shop Steward is permitted to participate in these types of meetings.

B. The Shop Steward or the designated alternate shall be permitted reasonable time to investigate, present and process grievances. Upon notice and approval of his or her supervisor, a Shop Steward shall be afforded the right to leave their work area for a reasonable period to investigate grievances or potential grievances. Requests can be postponed in the event of natural disaster or an unforeseen emergency.

C. Shop Stewards shall be granted leave time to attend trainings, activities and/or conventions. The Shop Stewards shall be permitted to attend the designated monthly training at Teamsters Local 1932. Shop Stewards shall be granted a total of sixty (60) hours per fiscal year to be used amongst all four (4) Shop Stewards. The City is not required to pay for leave time exceeding more than four (4) hours in a day TIME-OFF FOR MEETING AND CONFERRING. The City shall provide reasonable time off to a reasonable number, not to exceed four (4) duly authorized Union representatives for the purpose of meeting and conferring with City representatives.

However, in no case shall more than two (2) employees from any one division be simultaneously present at meet and confer sessions. The Union shall provide the City with a list of said authorized personnel at the beginning of the election year. Any release from duty for said purpose shall have prior approval of the Department Head. No Union representative shall be compensated by payment of overtime for participation in any meet and confer session. Such designated Union representatives shall be released for engaging in the meet and confer process one (1) hour before the scheduled time for commencement of the meeting and shall return to the performance of their duties not later than one (1) hour after conclusion of the meet and confer session.