Agenda packet — Duarte City Council, June 25, 2024 (part 2 of 2)

Aug, 2007 to
2012
Adjunct Criminal Justice Professor,
Everest College
• Teach various courses within the Criminal Justice Program • Prepare students with hands-on-training and education that employers in the criminal justice field value

EDUCATION
American Intercontinental University Atlanta Ga.

Masters of Arts in Education
California State University Los Angeles Los Angeles, CA Bachelors of Arts in Psychology

SUMMARY OF SKILLS
• 20 + years of experience in group counseling/therapy with youth between ages 12-18 • 10 + years of experience in running small cognitive behavior groups • 06 + years of experience in teaching and classroom control • 20 + years of experience in working with individuals that have experienced delinquency, trauma, gang issues, substance abuse, academic functioning and mental health issues • Competent in Microsoft Office, case management programs, and law enforcement computer programs
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Attachment B
Train Up a Child LLC
Overview of Services
Founder and operator: Raymond Abernathy
Pasadena, CA | [email protected]
Company Mission:

Train Up a Child LLC is dedicated to providing comprehensive intervention and support services to youth, aimed at fostering personal growth, academic success, and overall wellbeing. Leveraging Raymond Abernathy’s extensive experience in juvenile probation and community intervention, our programs are designed to address a wide range of challenges faced by at-risk youth, guiding them towards positive life choices and successful futures.

Services Provided:

1. Individual and Group Mentoring:
- Maintain a caseload of youth for tailored individual mentoring sessions. - Conduct group mentoring sessions to address common issues such as peer pressure, family dynamics, and substance abuse.
- Use evidence-based practices to foster personal growth and pro-social behavior.

2. Counseling and Crisis Intervention:
- Provide crisis intervention counseling to deescalate potentially harmful situations and support youth in high-risk behaviors.
- Offer support to students dealing with crises such as bullying, racial attacks, and peer pressure to use drugs.
- Assist youth coping with distressing issues including grief, loss, and bereavement.

3. Educational Support and Academic Improvement:
- Develop and implement programs to help students improve academic performance. 193
Attachment B
- Support students at risk of academic failure with strategies and resources to succeed in school.

4. Referral to Community-Based Services:
- Connect students with specialized community-based organizations for services addressing bullying, truancy, gang involvement, drug use, and abuse. - Collaborate with local organizations to ensure comprehensive support for each student’s unique needs.

5. Creative and Therapeutic Activities:
- Produced and facilitated the Duarte A-Team Music Album, involving students in creating songs that reflect the lessons learned in mentoring sessions. - Use creative arts as a therapeutic tool to engage youth and promote emotional expression and healing.

6. Life Skills and Behavioral Programs:
- Plan and monitor supervision programs to help youth assume responsibility for their behavior.
- Conduct cognitive behavior therapy groups to help youth develop coping skills and positive behavior patterns.

Target Demographic:

Youth Ages 6 - 17: 1st through 12th grade, with an emphasis on 1st through 8th grade (for early intervention), who are experiencing delinquency, trauma, gang issues, substance abuse, academic challenges, and mental health issues.

Professional Background of Raymond Abernathy:
- Over 20 years of experience in juvenile probation and youth mentoring. - Extensive background in group counseling, cognitive behavior therapy, and crisis intervention.
- Proven track record in program development, including the successful A-Team Prevention Intervention Group Mentor Program.
- Former adjunct professor of Criminal Justice, bringing a strong educational foundation to his mentorship approach.
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Attachment B
Education:
- Master of Arts in Education, American Intercontinental University - Bachelor of Arts in Psychology, California State University Los Angeles Key Skills:
- Proficient in Microsoft Office, case management programs, and law enforcement computer systems.
- Experienced in classroom teaching, group dynamics, and individual counseling. - Skilled in addressing complex issues related to juvenile delinquency, trauma, gang involvement, and substance abuse.

At Train Up a Child LLC, we believe in the potential of every child to succeed and are committed to providing the guidance and resources necessary to make that success a reality.
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CITY OF DUARTE

AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is made and effective as of July 1, 2024 (“Effective Date”), by and between the City of Duarte (“City”), and Train Up a Child, a Limited Liability Corporation, (“Consultant”). City and Consultant may sometimes herein be referred to individually as a “Party” and collectively as the “Parties.” In consideration of the mutual covenants and conditions set forth herein, and for good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties agree as follows:

1. RECITALS
The City wishes to engage the services of Consultant to provide comprehensive support services to youth and their families as described further in this Agreement. Consultant wishes to provide all such services and has the necessary expertise and competency to provide such services.

2. TERM
This Agreement shall commence on the Effective Date and shall remain and continue in effect until June 30th, 2029, or until the tasks listed in the Scope of Services are completed, whichever is later, unless sooner terminated pursuant to the provisions of this Agreement. The term may be extended upon execution of a written amendment between the Parties.

3. SERVICES AND PERFORMANCE
A. In compliance with all terms and conditions of this Agreement, Consultant shall provide services more particularly described in the “Scope of Services,” which is attached hereto and incorporated herein by this reference as Exhibit A. The services may be referred to herein as the “Services” or “Work.” In the event of any inconsistency between the terms of Exhibit A and this Agreement, the terms of this Agreement shall govern.

B. As a material inducement to City entering into this Agreement, Consultant represents and warrants that Consultant is a provider of first-class work and services, and Consultant is experienced in performing the type of work and services contemplated herein. The minimum standard of care for all professional services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant represents that the Services will be performed by Consultant or under its direct supervision, and that all personnel engaged in such Work shall be fully qualified and shall be authorized and permitted under applicable Federal, State, and local law to perform such Work. Consultant shall pay all wages, salaries, and other amounts due to such personnel in connection with their performance of the Services and as required by law
C. The experience, knowledge, capability, and reputation of Consultant, its principals, and employees were a substantial inducement for City to enter into this Agreement. Therefore, without the prior written approval of City, which may be given or withheld at City’s sole and 196
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absolute discretion, Consultant shall not (i) contract with any other entity to perform in whole or in part the Services required hereunder; or (ii) transfer, assign, convey, or encumber (voluntarily or by operation of law) any or all of this Agreement.

D. Consultant shall obtain and maintain at its sole cost and expense such licenses, permits, and approvals as may be required by law for the performance of the Services required by this Agreement prior to the commencement of Services. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for Consultant’s performance of the Services, and shall indemnify, defend, and hold harmless City and its elected and appointed officials, boards, members, officers, agents, representatives, employees, and volunteers (“City Personnel”) against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against City related to the Services.

E. Consultant shall provide all Services rendered hereunder in accordance with all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State, or local governmental agency having jurisdiction in effect at the time Service is rendered. Each and every provision required by law to be included in this Agreement shall be deemed to be included, and this Agreement shall be read and enforced as though they were included.

F. Consultant shall assume all costs arising from the use of patented or copyrighted materials, including, but not limited to, equipment, devices, processes, and software programs, used or incorporated in the Services or Work performed by Consultant under this Agreement.

Pursuant to Paragraph 8, Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold City and City Personnel harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.

G. Consultant shall not subcontract the performance of any of the Services without the prior written approval of City.

H. The Parties have determined that prevailing wage laws do not apply to this Agreement because the Services do not include construction, alteration, demolition, installation, or repair work or are other otherwise exempt under California’s prevailing wage laws (California Labor. Code section 1720 et seq.). Notwithstanding the foregoing, it is agreed by the Parties that, in connection with performance of the Services, including, without limitation, any and all “public works” (as defined by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages under California law and/or the implementation of California Labor Code section 1781, as the same may be amended from time to time, and/or any other similar law.

Pursuant to Paragraph 8, Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold City and City Personnel harmless from and against any liability, loss, damage, cost, or expenses (including but not limited to reasonable attorneys’ fees, expert witness fees, court costs, and costs incurred related to any inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any party performing the Services of any applicable local, State, and/or Federal law, including, without limitation, any applicable Federal and/or State labor laws (including, without limitation, the requirement to pay State prevailing wages and hire apprentices); (ii) the implementation of California Labor Code section 1781, as the same may be amended from time to time, or any other similar law; and/or (iii) failure by Consultant or any party performing 197
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the Services on Consultant’s behalf to provide any required disclosure or identification as required by California Labor Code section 1781, as the same may be amended from time to time, or any other similar law.

4. MANAGEMENT
City’s Director of Public Safety shall represent City in all matters pursuant to the administration of this Agreement and review the Services performed by Consultant. The City Manager shall have the authority, subject to the limitations set forth in Paragraph 5, to enlarge the Scope of Services or increase the compensation due to Consultant. Consultant’s official representative in the administration of this Agreement shall be Raymond Abernathy who shall have the authority to make all decisions for Consultant and bind Consultant to the terms of this Agreement.

5. COMPENSATION
A. The City agrees to pay the Consultant an amount not to exceed $80,000 for services rendered between July 1, 2024, and June 30, 2025, $80,000 for services rendered between July 1, 2025, and June 30, 2026, $82,400 for services rendered between July 1, 2026, and June 30, 2027, $84,872 for services rendered between July 1, 2027, and June 30, 2028, and $87,418.16 for services rendered between July 1, 2028, and June 30, 2029, based on the Scope of Services set forth in Exhibit A. The City Manager shall have the authority to increase the amount of compensation by any amount accepted and designated from any received grant or third-party funding source for the benefit of the Public Safety program.

B. Consultant shall not be compensated for any Services rendered in connection with its performance of this Agreement that are in addition to those set forth herein, unless such additional services are authorized in advance, and in writing, by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given. Unless otherwise agreed to by the Parties in writing, all provisions in this Agreement applicable to Consultant’s performance of the Services shall also apply to any additional services.

C. Consultant shall be paid monthly and shall submit monthly invoices/reports to City, within ten (10) days following the beginning of each month, showing actual Services performed.

Invoices shall include billings for all charges, including authorized direct costs incurred by Consultant during the month covered by the invoice. Consultant shall be paid on the next regular Council warrant after all required paperwork is submitted. If City disputes whether Consultant has earned its fee or any portion, City shall give written notice to Consultant within thirty (30) days of receipt of Consultant’s monthly invoice/report stating the basis for such dispute.

6. SUSPENSION OR TERMINATION OF AGREEMENT
A. City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving written notice upon Consultant. Upon receipt of said notice, Consultant shall immediately cease all Work under this Agreement, unless the notice provides otherwise. In the event this Agreement is suspended or terminated pursuant to this subparagraph (A), Consultant shall submit a final invoice/report to City pursuant to Paragraph 4, 198
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and City shall be entitled to receive a return of the fee paid to Consultant, or portion thereof, if the reason for the termination is failure by Consultant to have timely performed the Services set forth in Exhibit A. In City’s sole and absolute discretion, prior to effecting a suspension or termination pursuant to this subparagraph (A), City may first serve upon Consultant a written notice of the default specifying the default and the amount of time that Consultant shall have to cure, correct, or remedy the default. If Consultant fails to cure the default within the specified period of time, City shall have the right to immediately terminate this Agreement pursuant to this subparagraph (A). Notwithstanding any other provision of this Agreement to the contrary, City’s termination of this Agreement pursuant to this subparagraph (A) shall not preclude or prejudice any other remedy to which City may be entitled in law or in equity.

B. Consultant may terminate this Agreement only due to a material breach by City, and only upon not less than thirty (30) days’ prior written notice to City which notice shall specify the material default. Upon receipt of such notice, City may, but shall not be obligated to, effect to remedy such default, which remedy will cause the notice of termination to no longer apply, and this Agreement to continue in effect.

7. RECORDS AND OWNERSHIP OF DOCUMENTS
A. Consultant shall maintain complete and accurate records with respect to costs, expenses, receipts, and other such information required by City that relate to the performance of Services under this Agreement. Consultant shall maintain adequate records of Services provided in sufficient detail to produce an evaluation of Services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of six (6) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, computer files, surveys, notes, and other documents prepared in the course of providing the Services to be performed pursuant to this Agreement (“Work Product”) shall become the sole property of City and may be used, reused, or otherwise disposed of by City without the permission of Consultant. Consultant shall provide such items to City promptly upon completion of this Agreement. City acknowledges that such Work Product is not intended or represented to be suitable for use unless completed by Consultant, or for use or reuse by City or others on extensions of the Services or Work under this Agreement, or for any other use or purpose, without written verification or adaptation by Consultant. Any such use, reuse, or any modification of the Work Product, without written verification, completion, or adaptation by Consultant, as appropriate for the specific purpose intended, will be at City’s sole risk and without liability or legal exposure to Consultant or to its officers, directors, members, partners, agents, employees, and consultants.

C. Any information gained by Consultant in the performance of this Agreement shall be considered confidential and such information and the reports, records, documents, and other 199
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materials prepared by Consultant in the performance of Services under this Agreement shall not be released publicly or to any other client of Consultant without the prior written approval of the City Manager.

8. INDEMNIFICATION
A. To the fullest extent permitted by law, except as set forth in subparagraph (B), Consultant shall indemnify, defend (with legal counsel acceptable to City), and hold harmless City and City Personnel from and against any and all claims, actions, suits, claims, demands, judgments, attorneys’ fees, costs, damages, losses, penalties, obligations, expenses, or liabilities (“Claims”) that may be asserted or claimed by any person or entity arising out of, or pertaining to, Consultant’s negligence, recklessness, or willful misconduct, whether or not there is concurrent active or passive negligence on the part of City and/or any City Personnel, but excluding any Claims arising from the sole negligence or willful misconduct of City or any City Personnel. Consultant shall defend any action or actions filed in connection with any such claims or liabilities, and shall pay all costs and expenses, including attorneys’ fees incurred in connection therewith. Consultant shall promptly pay any judgment rendered against City or any City Personnel for any such claims or liabilities. In the event City and/or any City Personnel is made a party to any action or proceeding filed or prosecuted for any such Claims arising out of or in connection with the Work being performed or Services being provided under this Agreement, Consultant shall pay to City any and all costs and expenses incurred by City or City Personnel in such action or proceeding, together with reasonable attorneys’ fees and expert witness fees. Consultant’s duty to defend shall consist of reimbursement of defense costs incurred by City in direct proportion to the Consultant’s proportionate percentage of fault. Consultant’s percentage of fault shall be determined, as applicable, by a court of law, jury, or arbitrator. In the event any loss, liability, or damage is incurred by way of settlement or resolution without a court, jury, or arbitrator having made a determination of Consultant’s percentage of fault, the Parties agree to mediation with a neutral third-party to determine Consultant’s proportionate percentage of fault for purposes of determining the amount of indemnity and defense cost requirement owed to City.

B. The provisions of this subparagraph (B) apply only if Consultant is a “design professional” within the meaning of California Civil Code section 2782.8(c). If Consultant is a “design professional,” within the meaning of Section 2782.8(c), then notwithstanding subparagraph (A), to the fullest extent permitted by law (including, without limitation, California Civil Code sections 2782 and 2782.6), Consultant shall defend (with legal counsel acceptable to City), indemnify, and hold harmless City and City Personnel from and against any Claim that arises out of, pertains to, or relates to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any sub-consultant, subcontractor, or any other person directly or indirectly employed by them, or any person that any of them control, arising out of Consultant’s performance of any task or Service for or on behalf of City under this Agreement.

Such obligations to defend, hold harmless, and indemnify City or any City Personnel, shall not apply to the extent that such Claims are caused, in part, by the sole negligence or willful misconduct of City or City Personnel. Consultant’s cost to defend City and/or City Personnel against any such Claim shall not exceed Consultant’s proportionate percentage of fault with respect to that Claim; however, pursuant to California Civil Code section 2782.8(a), in the event that one or more of the defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with City (and, if applicable, other 200
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parties) regarding any unpaid defense costs. To the extent Consultant has a duty to indemnify City or any City Personnel under this subparagraph (B), Consultant shall be responsible for all incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, recklessness, or willful misconduct.

C. Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether arising out of this Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and all amounts for which City may be liable to third parties, by reason of Consultant’s negligent acts, errors, omissions, or willful misconduct, in performing or failing to perform Consultant’s obligations under this Agreement. City in its sole and absolute discretion, may withhold any payment due to Consultant, without liability for interest, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or withhold shall not act as a waiver of Consultant’s obligation to pay City any sums Consultant owes City.

9. INSURANCE
Without limiting Consultant’s indemnification obligations of City as set forth in this Agreement, and prior to the commencement of Work, Consultant shall obtain, provide, and maintain, at its own expense, during the entire term of this Agreement including any extension thereof, policies of insurance of the type and amounts described in Exhibit B and in a form satisfactory to City.

A. No Work or Services under this Agreement shall commence until Consultant has provided City with Certificates of Insurance evidencing the required insurance coverages and said Certificates of Insurance are reasonably approved by City. Certificates are to reflect that the insurer will provide thirty (30) days’ written notice to City of any cancellation of coverage. In the event any of said policies of insurance are reduced in limits or cancelled for any reason, Consultant shall, prior to the cancellation date, submit new evidence of insurance.

B. The provisions of any workers’ compensation or similar law will not limit the obligations of Consultant under this Agreement. Consultant expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officials, and agents.

C. Consultant agrees to provide immediate notice to City of any claim or loss against Consultant arising out of the Work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right to monitor the handling of any such claim or claims if they are likely to involve City.

D. The City’s Director of Administrative Services shall have the authority to adjust or amend the insurance requirements in Exhibit B of this Agreement so long as such amendment or adjustment is agreed to in writing by the Parties.

10. INDEPENDENT CONTRACTOR
A. Consultant is and shall at all times remain as to City a wholly independent contractor. The personnel performing the Services under this Agreement on behalf of Consultant 201
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shall at all times be under Consultant’s exclusive direction and control. Neither City nor any of its officers, officials, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents. Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents is in any manner officers, officials, employees, or agents of City. Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.

B. No City-provided employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in this Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing Services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing Services hereunder.

11. NO UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure was or is used against or in concert with any officer or employee of City in connection with the award, terms, or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of City shall receive compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of Consultant, in connection with the award of this Agreement or any Work to be conducted as a result of this Agreement. Consultant further warrants that it has not employed or retained any company or person other than a bona fide employee working for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to annul this Agreement without liability or, in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

12. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or has responsibilities with respect to this Agreement during his/her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for Work to be performed in connection with the Services performed under this Agreement.

13. COVENANT AGAINST DISCRIMINATION
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that in the performance of this Agreement there shall be no discrimination against or segregation of, any person or group of persons on account of any impermissible classification including, but not limited to, race, color, creed, religion, sex, gender, gender identity, gender expression, physical or mental disability, age, military status, marital or familial status, sexual orientation, national origin, or ancestry.

14. NONLIABILITY OF CITY OFFICERS AND EMPLOYEES
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No City Personnel shall be personally liable to Consultant, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.

15. NOTICES
Any notices which either Party may desire to give or may be required to give to the other Party under this Agreement must be in writing and may be given either by (a) personal service; (b) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery; (c) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the Party as set forth below or at any other address as that Party may later designate by notice; or (d) e-mailing the notice to the e-mail addresses as set forth below:

If to City: Public Safety Department
Attn: Larry Breceda
1042 Huntington Drive
Duarte, California 91010
[email protected]
If to Consultant: Raymond Abernathy
1308 E Colorado Blvd #2155
Pasadena, CA 91106
[email protected]

16. GOVERNING LAW; ATTORNEYS’ FEES; LITIGATION MATTERS
The internal laws of the State of California, without regard to principles of conflicts of laws, shall govern the interpretation of this Agreement. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding anything in this Agreement to the contrary, in no event shall Consultant be entitled to economic or consequential damages or to punitive damages. In the event of any litigation arising from or related to this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party all reasonable costs incurred, including staff time, court costs, attorneys’ fees, expert witness fees, and other related expenses. The Superior Court of the County of Los Angeles shall have exclusive jurisdiction over any litigation between the Parties concerning this Agreement. Service of process on City shall be made in the manner required by law for service on a public entity. Service of process on Consultant shall be made in any manner permitted by law and shall be effective whether served inside or outside of California.

17. RIGHTS AND REMEDIES ARE CUMULATIVE; WAIVER
A. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either 203
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Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.

B. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver. No waiver by either Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

18. SEVERABILITY
If any portion of this Agreement is found by a court of competent jurisdiction to be invalid, void, illegal, or unenforceable, the remainder of the provisions hereof shall remain in full force and effect and shall in no way affect, impair, or invalidate any other term, covenant, or condition, or provision contained in this Agreement. Upon a determination that any term or provision is invalid, illegal, or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to give effect to the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be performed as originally contemplated to the greatest extent possible.

19. INTERPRETATION; ENTIRE AGREEMENT
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. This Agreement contains the entire understanding between the Parties relating to the obligations of the Parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, relating to the obligations of the Parties described in this Agreement, are merged into this Agreement and shall be of no further force or effect.

20. CONFLICTS OF INTEREST
Consultant represents, warrants, and covenants that he, she, or it presently has no interest, direct or indirect, which would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant further agrees that while this Agreement is in effect, Consultant shall not acquire or otherwise obtain any interest, direct or indirect, that would interfere with or impair in any manner or degree the performance of Consultant’s obligations and responsibilities under this Agreement. Consultant acknowledges that pursuant to the provisions of the Political Reform Act (California Government Code section 87100 et seq.), City may determine Consultant to be a “consultant” as that term is defined by the Political Reform Act. In the event City makes such a determination, Consultant agrees to complete and file a “Statement of Economic Interest” with the City Clerk to disclose such financial interests as required by City. In such event, Consultant further agrees to require any other person doing Work 204
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under this Agreement to complete and file a “Statement of Economic Interest” to disclose such other person’s financial interests as required by City.

21. NO THIRD-PARTY BENEFICIARIES
This Agreement benefits solely the Parties to this Agreement and their respective permitted successors and assigns and nothing in this Agreement, express or implied, confers on any other person any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

22. PARAGRAPH HEADINGS AND SUBHEADINGS
The paragraph headings and subheadings contained in this Agreement are included for convenience only and shall not limit or otherwise affect the terms of this Agreement.

23. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.

24. EXECUTION OF CONTRACT
The persons executing this Agreement on behalf of each of the Parties represent and warrant that (i) such Party is duly organized and existing; (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party; (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement; and (iv) that entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound.

25. CITY MANAGER AUTHORITY
City’s City Manager shall have the authority to make non-material changes, non-material amendments, or clerical edits to this Agreement on behalf of the City. [Signatures on following page.]
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IN WITNESS WHEREOF, the City Council of the City of Duarte caused the Agreement to be subscribed by its Mayor or City Manager and said Consultant has executed or caused this Agreement to be executed by its duly authorized officer(s).

CITY OF DUARTE
_________________________________
Brian Villalobos, City Manager
Date: _____________________________

CONSULTANT
_________________________________
_________________________________
By: ______________________________
Its: ______________________________
Date: _____________________________
ATTEST
_________________________________
City Clerk
Date: _____________________________

APPROVED AS TO FORM

RUTAN & TUCKER, LLP
_________________________________
City Attorney, City of Duarte
Date: _____________________________
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EXHIBIT A
Scope of Services
Statement of Work: Public Safety Youth Program Consultant Introduction:

The Public Safety Youth Program Consultant is responsible for providing comprehensive support services to youth and their families, focusing on promoting behavioral health, well-being, and positive community engagement. This role involves juvenile case management, psycho-social assessment, student advocacy, and instruction on fundamental core values and ethics through group mentoring and individualized case management. The consultant will serve at least 100 unduplicated youth monthly from grades 1 through 12, addressing various challenges and promoting positive outcomes in collaboration with stakeholders.

Responsibilities:

1. Conduct Psycho-social Assessments:
- Utilize survey instruments to conduct psycho-social assessments for youth who remain in the program for one month or more.
- Complete assessments for each youth cohort within one month of their enrollment in the program.
- Ensure accuracy and quality of assessments to inform tailored interventions and support services for youth and their families.

2. Attend and Participate in Relevant Meetings:
- Attend and actively contribute to city, community, school district, law enforcement, youth, and family meetings to aid in developing strategic plans to address youth criminal and delinquency issues.
- Participate in at least four monthly relevant meetings, providing insights and recommendations to facilitate effective care coordination and decision-making.

3. Provide Life Coaching Sessions:
- Conduct life coaching sessions for youth and their families to promote healthy lifestyle choices, positive behavioral change, and pro-social conduct. 207
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- Conduct at least ten life coaching sessions monthly, ensuring clients receive consistent support and guidance in achieving their goals.

4. Organize and Facilitate Pro-social Activities:
- Plan and execute quarterly pro-social activities for clients to promote community engagement and social skills development.
- Organize at least one pro-social activity per quarter, ensuring youth have opportunities for positive experiences and personal growth.

5. Liaise with Stakeholders for Coordinated Care Delivery:
- Maintain regular communication with school officials, healthcare professionals, social service agencies, and other stakeholders to facilitate coordinated care delivery for youth and their families.
- Establish communication channels and engage in at least one weekly interaction to ensure effective collaboration and information sharing among stakeholders.

6. Arrange Appointments, Referrals, and Follow-up Services:
- Coordinate appointments, referrals, and follow-up services to address the diverse needs of clients and families effectively.
- Arrange a minimum of ten monthly appointments, referrals, or follow-up services, ensuring timely access to necessary resources and support services.

7. Lead Mentorship Sessions with Prevention Group-Mentor A-Team:
- Facilitate bi-weekly mentorship sessions with the prevention group mentor A-Team, focusing on teaching morals, values, and life skills to prevent future issues such as drug use, gang involvement, and bullying.
- Conduct mentorship sessions regularly, providing guidance and support to participants in developing positive behaviors and decision-making skills.

8. Review and Update Individualized Care Plans:
- Review and update individualized care plans in response to changing needs or circumstances for clients and their families.
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- Review at least 50 care plans per month, ensuring interventions remain effective and aligned with clients' goals and needs.

9. Monitor Progress and Adjust Interventions:
- Monitor clients' progress toward their goals and adjust interventions as necessary to support their ongoing development and well-being.
- Conduct at least 25 monthly progress reviews, documenting outcomes and adjusting interventions based on observed progress.

10. Provide Immediate Assistance and Support during Crises:
- Offer immediate assistance and support to clients and their families during crises or emergencies, ensuring their safety and well-being.
- Respond promptly to crises or emergencies, supporting at least five clients monthly and implementing crisis management plans to mitigate risks.

11. Maintain Accurate and Up-to-date Records:
- Maintain accurate and up-to-date records of client interactions, assessments, interventions, and referrals to ensure comprehensive documentation of services provided. - Update client records promptly after each interaction or service delivery, adhering to established timelines and maintaining accuracy and completeness. - All records shall be the property of the City of Duarte.

12. Educate Clients:
- Provide education sessions to clients and their families on their rights, responsibilities, and available resources, empowering them to make informed decisions and effectively access support services.
- Develop customized educational plans for clients as necessary and collaborate with schools and City.
- Conduct at least eight monthly education group sessions a month during the school year, ensuring clients are informed about their rights and access to resources. 209
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13. Participate in Case Conferences with Multidisciplinary Teams:
- Attend and actively contribute to case conferences with multidisciplinary teams, including representatives from DUSD, law enforcement, and other relevant agencies, to discuss complex cases and coordinate care.
- Participate in at least four monthly case conferences, collaborating with team members to develop comprehensive care plans and ensure effective care coordination.

14. Engage in Ongoing Training and Professional Development:
- Participate in ongoing training and professional development activities to enhance knowledge and skills related to youth support and intervention services. - Complete at least eight hours of training or professional development activities per quarter, staying informed about best practices and emerging trends in the field.

15. Contribute to Quality Improvement Initiatives:
- Actively participate in quality improvement initiatives to enhance service delivery and client outcomes within the program.
- Contribute ideas and feedback to at least one quality improvement initiative per quarter, focusing on areas such as program effectiveness and client satisfaction.

16. Adhere to Ethical Standards and Legal Regulations:
- Adhere to ethical standards and legal regulations governing case management, ensuring compliance with relevant laws, policies, and professional codes of conduct. - Demonstrate adherence to ethical standards and legal regulations in all aspects of case management, maintaining confidentiality and privacy of client information.

17. Empower Clients for Active Participation in Decision-making:
- Empower clients to participate actively in decision-making processes regarding their care, ensuring their preferences, values, and goals are respected and incorporated into care plans. - Document client involvement in decision-making processes for each case, ensuring their preferences and choices are considered throughout the care process. 210
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18. Provide Resources for Self-Advocacy and Self-Management:
- Provide resources and tools to help clients build skills for self-advocacy and selfmanagement, equipping them with the knowledge and confidence to navigate systems and advocate for their needs effectively.
- Distribute educational materials and tools to clients regularly, supporting their efforts to develop self-advocacy skills and access available resources.

19. Maintain Necessary Licenses, Certificates, and Equipment:
- Maintain a valid California driver’s license, necessary insurance, certifications required by the city, personal equipment (vehicle, computer, Wi-Fi), and any resources needed for office and fieldwork.
- Ensure all licenses, insurance, and certifications are up-to-date and compliant with regulatory requirements.

20. Reporting Requirement:
- Provide monthly report to the City detailing agreed-upon metrics. - Present an annual overview to the City Council and relevant community organizations as required.
- Engage in continual program evaluation as deemed necessary. 211
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EXHIBIT B
Insurance Requirements
A. Insurance Required
(1) Commercial General Liability insurance in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage.
(2) Automobile Insurance covering bodily injury and property damage for all activities of Consultant arising out of or in connections with Work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles in an amount not less than $1,000,000 combined single limit for each accident. (3) Sexual abuse/molestation Liability Insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate. Coverage may be provided as part of commercial general liability coverage, professional liability coverage, or as a separate policy. (4) Workers’ Compensation Insurance providing statutory benefits as required by California law.

B. All insurance policies required hereunder, except the workers’ compensation insurance, shall comply with the following requirements:
(1) All insurance shall be written by insurers that are admitted and licensed to do business in the State of California and with A.M. Best’s rating of A- or better and a minimum financial size VII in accordance with the latest edition of Best’s Key Rating Guide. (2) The policies shall be endorsed to name City and its officers, officials, employees, agents, and volunteers as additional insureds. (3) All of Consultant’s insurance: (i) shall contain no special limitations on the scope of protection afforded to the additional insureds; (ii) shall be primary insurance and any insurance or self-insurance maintained by the additional insureds or any of them shall be in excess of Consultant’s insurance and shall not contribute with it; (iii) shall be “occurrence” rather than “claims made” insurance; (iv) shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (v) shall prohibit Consultant from waiving the right of subrogation prior to a loss except for professional liability; and (vi) shall not contain any provision or definition that would serve to eliminate so-called “third party action over” claims, including any exclusion for bodily injury to an employee of the insured. (4) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving Consultant ninety (90) days’ advance written notice of such change.
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C. Consultant shall renew the required coverage annually as long as City or its employees or agents face an exposure from Consultant’s operations pursuant to this Agreement.

Termination of this obligation shall survive the termination or expiration of this Agreement and shall not be effective until City executes a written statement to that effect. 213
ITEM: 15.D
FY 2024/25 - 2026/27 Memorandums of Understanding
Recommended Action:

Authorize the Mayor to execute the attached Memorandums of Understanding between the City of Duarte and SEIU Local 721 – Management & Professional Employees and General Employees and a budget amendment of $340,000 to the FY 2024/25 budget for the first year of the MOU.

Attachments:

15.D - Staff Report - FY 24 25-26 27 Memorandums of Understanding (MOUs).pdf

15.D - General Employee mou 2024-2027.pdf

15.D - Management and Professional mou 2024-2027.pdf
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4870-4155-1303 v2
Memorandum of Understanding
Between City of Duarte and
SEIU Local 721 General Employees
July 1, 2024 through June 30, 2027
217

TABLE OF CONTENTS
Page
-i- 4870-4155-1303 v2

1. Recognition.......................................................................................................................1

2. Term...................................................................................................................................1

3. MOU Distribution............................................................................................................2

4. Salaries...............................................................................................................................2

5. Medical Insurance............................................................................................................2

6. Dental and Vision ............................................................................................................4

7. Sick Leave .........................................................................................................................5

8. Vacation.............................................................................................................................7

9. Bereavement.....................................................................................................................8

10. Standby Pay......................................................................................................................9

11. Call Back Pay and Off-Duty Work................................................................................9

12. Salary Upon Appointment To A Position In An Acting Capacity .........................10

13. Tuition Reimbursement................................................................................................11

14. Section 125 ......................................................................................................................11

15. Overtime .........................................................................................................................12

16. Bilingual Pay ..................................................................................................................12

17. Holidays ..........................................................................................................................14

18. Disability Insurance.......................................................................................................15

19. Life Insurance.................................................................................................................15

20. Retirement.......................................................................................................................15

21. Work Schedule ...............................................................................................................17

22. Classification Revision..................................................................................................18

23. Mileage Reimbursement...............................................................................................18

24. Uniforms .........................................................................................................................18

25. Deferred Compensation................................................................................................18

26. Computer Loan Program..............................................................................................18

27. Fitness Center Membership .........................................................................................19

28. Layoffs .............................................................................................................................19

29. Severance Pay.................................................................................................................19 218

TABLE OF CONTENTS
(continued)
Page
-ii30. Appeals ...........................................................................................................................19

31. Dues Deduction and Transmittal of Member Information .....................................23

32. Political Action Committee ..........................................................................................24

33. Stewards..........................................................................................................................24

34. Grievance Procedure.....................................................................................................24

35. Union Business...............................................................................................................27

36. Employee Relations Consultation Meetings..............................................................28

37. Personnel Rules and Regulations ................................................................................28

38. New Employee Orientation .........................................................................................28

39. Longevity Pay ................................................................................................................29

40. Severability .....................................................................................................................29 219
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 1 Memorandum of Understanding Between
City of Duarte
And
SEIU Local 721 — General Employees
This Memorandum of Understanding (“MOU”) is made and entered into by and between the City of Duarte (“City”) and the Service Employees International Union, Local 721 (“SEIU 721”).

1. Recognition
The City recognizes SEIU 721 as the representative for those employees employed by the City in the following classifications:

Accountant
Accounting Specialist
Administrative Secretary
Assistant Planner
Building Permit Technician
Civil Engineering Technician
Clerk/Typist Receptionist
Code Compliance/Animal Control Officer
Community Development Technician
Crime Prevention Specialist
Custodian
Deputy City Clerk
Field Services Supervisor
Human Resources Specialist*
Maintenance Technician
Management Aide
Management Analyst
Payroll Technician
Public Safety Outreach Coordinator
Recreation Coordinator
Senior Code Compliance/Animal Control Officer
Senior Custodian
Senior Maintenance Technician
* Confidential Employee — Pursuant to Government Code Section 3507.5 this classification is “restricted from representing any employee organization on matters within the scope of representation.”

2. Term
The term of this MOU shall be from July 1, 2024 through June 30, 2027. 220
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 2

3. MOU Distribution
The City will provide all current and new employees, covered by this MOU, with a copy of the MOU.

4. Salaries
a. Base Increases
(1) Effective July 1, 2024, the base salary range of each classification in the bargaining unit shall be increased by 6%.
(2) Effective the first full pay period following July 1, 2025, the base salary range of each classification in the bargaining unit shall be increased by 2%..
(3) Effective the first full pay period following July 1, 2026, the base salary range of each classification in the bargaining unit shall be increased by 1%.

The resulting salary range for each classification effective July 1, 2024 is set forth in Appendix A.
b. Compensation Study(1) During the second year of this MOU, the City and SEIU agree to meet and confer in good faith in accordance with the requirements of the MMBA to create a list of comparable public agencies that will be used for purposes of a compensation study. The City and SEIU agree that a final list of comparable public agencies will be completed prior to July 1, 2026. (2) During the third year of this MOU, the City and SEIU agree that a compensation study based on the final list of comparable public agencies will be conducted by the City or a qualified consultant retained by the City. The compensation study will be completed prior to July 1, 2027. The City and SEIU agree that no changes to compensation are expected or required as a result of the study during the term of this MOU.

Full Time
Employees
3/4 Time
Employees
Employee Only $775.41 $581.56
Employee + One $1,550.85 $1,163.14
Employee + Two or More $2,016.12 $1,512.09
For the second year of this Agreement, the City will contribute up to a maximum amount equal to the first year cap, plus 5%. In the third year, the City will contribute up to a maximum amount equal to the second year cap, plus 5%. In no event will the City’s contribution exceed the actual premium cost of the Blue Shield Access plan.

Employees will pay any excess premiums through payroll deduction.

The City will provide taxable cash to employees who waive medical insurance coverage and provide written proof of other medical insurance to the City according to the following scale:

Full Time
Employees
3/4 Time
Employees
Employee Only $218.00 $163.00
Employee + One $435.00 $326.00
Employee + Two or More $566.00 $424.00
Employees who choose a plan where the premiums are lower than the amounts paid by the City listed in the chart above will not receive the difference between their chosen plan and the City’s maximum coverage.
b. Retirees
The City will provide medical insurance coverage for retirees and their dependents through the PERS system. To be eligible, employees must retire within one hundred and twenty (120) days of their separation from employment from the City of Duarte. The City’s contribution to insurance premiums for retirees will be set at the same levels as they are for active employees. Retirees will pay any excess premiums through deductions in their retirement benefits.

The City will provide taxable cash to retirees who waive medical insurance coverage and provide written proof of other medical insurance to the City according to the following scale:
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Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 4 Full Time
Employees
Retiree Only $218.00
Retiree + One $435.00
Retiree + Two or More $566.00
c. Changes to Health Care Laws
The parties recognize that certain changes to State or Federal laws, programs, taxes or regulations including, but not limited to, the Affordable Care Act, may impact future medical plan offerings. In the event that such reform measures or resulting changes in the healthcare marketplace alter healthcare coverage options, costs or other elements of healthcare and materially alter the provisions of this MOU, either party may request to reopen Article 5 regarding medical insurance to meet and confer over any changes to the medical insurance.

6. Dental and Vision
a. Dental Insurance
Each full-time and three-quarter-time employee will be provided dental coverage through the City-sponsored dental plan. Enrollment in the plan is mandatory and no cash alternative will be provided. Eligibility will begin the first day of the month following hire. The Delta Dental PPO plan allows the covered employee and their eligible dependents to receive care from any licensed dentist; however, the highest level of benefits will be received when utilizing a Delta PPO Provider. Since July 1, 2017, the City has contracted to provide for adult orthodontic coverage. The City will provide all employees with information from Delta Dental regarding the details of the plan, and will provide any information regarding changes made to the plan.

In the first year of this Agreement, the City will contribute toward the cost any City sponsored dental plan for employees and their dependents up to a maximum amount equal to 100% of the Delta Dental PPO premium for full-time and 3/4 time employees. As of the adoption of this Agreement, those amounts are as follows: :

Full Time and
3/4 Time Employees
Employee Only $52.53
Employee + One $92.97
Employee + Two or More $148.35
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Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 5 For the second year of this Agreement, the City will contribute up to a maximum amount equal to the first year cap, plus 5%. In the third year, the City will contribute up to a maximum amount equal to the second year cap, plus 5%. In no event will the City’s contribution exceed the actual premium cost of the Delta Dental PPO plan.
b. Vision Insurance
Each full-time and three-quarter-time employee will be provided vision coverage through the City sponsored vision plan. Enrollment in the plan is mandatory and no cash alternative will be provided. Eligibility will begin the first day of the month following hire. The Vision Service Plan (VSP) plan allows the covered employee and their eligible dependents to receive care from any vision provider; however, the highest level of benefits will be received when utilizing a VSP contracted provider.

In the first year of this Agreement, the City will contribute toward the cost of the City sponsored VSP plan for employees and their dependents up to a maximum amount equal to 100% of premiums for full-time employees and ¾ time employees. As of the adoption of this Agreement, those amounts are as follows:

Full Time and
3/4 Time Employees
Employee Only $8.16
Employee + One $14.98
Employee + Two or More $21.68
For the second year of this Agreement, the City will contribute up to a maximum amount equal to the first year cap, plus 5%. In the third year, the City will contribute up to a maximum amount equal to the second year cap, plus 5%. In no event will the City’s contribution exceed the actual premium cost of the VSP plan.

7. Sick Leave
All full-time employees will receive up to ninety-six (96) hours of sick leave per year. Three-quarter-time employees will receive up to seventy-two (72) hours of sick leave per year. Employees shall be compensated for sick leave at their regular rate of pay.
a. Accrual
There will be no limit to the amount of sick leave an employee may accrue. Sick leave accrues at the rate of 1/26th of an employee’s annual sick leave allotment per pay period. On the last day of each pay period, each eligible employee will have 1/26th of his or her annual sick leave added to his or her earned sick leave balance, which is available for use on the pay date of that pay period. 224
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 6 b. Use of Sick Leave
Upon verbal or written request, sick leave may be used for the following purposes:
i. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or an employee’s family member. Family member shall include: a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of the child’s age or dependency status; a biological, adoptive, or foster parent, stepparent, or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; a spouse; a State of California registered domestic partner; a grandparent; a grandchild; a sibling; and a designated person (which means a person identified by the employee at the time the employee requests paid sick leave. Employees are limited to one designated person per twelve month period for paid sick leave).
ii. For employees who are victims of a crime or abuse to obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the victim or his or her child.
iii. For employees who are victims of a crime or abuse to seek medical attention for injuries caused by the crime or abuse ; to obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency, as a result of the crime or abuse; to obtain psychological counseling or mental health services related to an experience of crime or abuse; and to participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation.

Should work time lost due to illness or injury exceed the employee’s accrued sick leave balance, then any available vacation, floating holidays, or compensated time off will be used as compensation.
c. Conversion to Service Credit upon Retirement
Pursuant to the terms of the City’s contract, as amended, with the California Public Employees’ Retirement System (CalPERS), upon voluntary retirement the 225
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 7 employee may convert one hundred percent (100%) of his/her accrued sick leave balance, less any amount used under the provisions to retirement service credit. d. Notification
If the need for sick leave arises, the employee will notify their respective department head or other supervisor designated by the department head of the need for leave as soon as practicable. It will be the employee’s responsibility to keep the department head informed on a daily basis of his/her condition as it relates to absence from employment.
e. Sick Leave Donation Policy
Employees may voluntarily donate sick leave to a donation bank, which is maintained for the use of qualified employees who have suffered a catastrophic illness or injury and have exhausted their paid leaves of absence. This program is set forth in an administrative policy,. Employees may obtain a copy of the administrative policy and a request form from the City’s Human Resources Division.
f. Reinstatement of Unused Sick Leave
Unused sick leave at separation shall be reinstated upon return to active status with the City occurring within no more than 12 months of separation. For purposes of this provision, unused sick leave is leave that was accrued, but never taken by the employee, and that was not converted to service credit under section 7.c., or donated under section 7.e, above.
g. Inspection of Records Pertaining to Sick Leave
Upon reasonable request, and within 21 calendar days after the request, the City shall afford current and former employees the right to inspect or copy records pertaining to their hours worked and paid sick days accrued and used.

8. Vacation
Each employee will receive paid vacation in the amounts listed below:

Length of Service Full-time Three-quarter time
Date of hire to 5 years of service 82 hours 61.5 hours
5 years plus one day to 10 years 120 hours 90 hours
10 years plus one day to 11 years 130 hours 97.5 hours
11 years plus one day to 12 years 140 hours 105 hours
12 years plus one day to 13 years 150 hours 112.5 hours 13 years plus one day to 14 years 160 hours 120 hours
14 years plus one day to 15 years 170 hours 127.5 hours 15 years plus one day or more 180 hours 135 hours
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Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 8 a. Waiting Period
Employees of the City will not be permitted, until after six (6) months of continuous employment, to take paid vacation, unless otherwise approved in writing by the appropriate department head and the City Manager. The scheduling of vacation time is subject to the prior written approval of the department head and verification of accrued vacation time by the Personnel Division. No employee will be permitted to take a vacation in excess of accrued vacation time unless specifically authorized in writing by the City Manager. b. Accrual
At the conclusion of each pay period, every full-time or three-quarter-time employee will have added to his or her vacation balance 1/26th of the annual vacation hours for which the employee is eligible. Effective June 1, 2007, employees will not be allowed to accrue vacation leave in an amount greater than three-hundred and sixty (360) hours.
c. Annual Buyback
Employees with five (5) or more years of continuous full-time or three-quartertime service with the City will be allowed to sell accrued vacation leave back to the City at one-hundred percent (100%) of its full value. The maximum amount of the annual buyback is as follows:

Length of Service
Date of hire to 5 years of service 0 hours
5 years plus one day to 10 years 40 hours
10 years plus one day or more 60 hours
Employees will be given the opportunity to sell accrued vacation leave back to the City once per year on a date determined by the City, on or before July 31st of each fiscal year.
d. Payoff at Termination
Employees terminating from City employment will be paid in full for all earned and unused vacation.

9. Bereavement
If an employee loses an immediate family member, as defined in this paragraph, the employee will be entitled to City-paid bereavement leave in an amount of forty (40) hours per incident. Bereavement leave will be granted only in those cases involving the death of an immediate family member, which for the purposes of this section means: biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis; biological, adoptive, or foster parent, 227
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 9 stepparent, or legal guardian of an employee or of the employee’s spouse or registered domestic partner, or a person who stood in loco parentis to either the employee or the employee’s spouse or domestic partner as a minor; or an employee’s spouse, registered domestic partner; grandparent; grandchild; sibling; a designated person, which means a person identified by the employee at the time the employee requests paid bereavement leave. The City limits an employee to one designated person per 12-month period

10. Standby Pay
Employees placed on standby for the week (commencing at noon on Wednesday and ending at noon on the following Wednesday) shall receive three hundred and twenty-five dollars ($325) per week. An employee will be required to carry a cell phone while on standby duty. Such time is not considered hours worked under the Fair Labor Standards Act and will not be compensated in any manner except as set forth above.

Employees on standby are required to answer a call within five (5) to ten (10) minutes and are responsible for remaining within a fifty (50) mile radius of the City.

Standby duty assignments are rotated based on current practices. An annual list shall be established to give employees advance notice of their assignment.

All employees assigned to standby duty are expected to complete their duty week and will be held responsible for its completion. Exchange of duty week between employees is possible with approval of the Field Services Manager. In case of illness or other circumstance in which an employee cannot finish his/her assigned duty, the employee on standby duty shall contact the Field Services Manager who has the responsibility to provide coverage for the standby duty. The pay for each employee serving standby will be proportionately divided based on the amount of time each worked during the week.

The procedures in this section are subject to the joint labor-management committee on standby and call back pay as set forth in Article 39 of this Agreement.

11. Call Back Pay and Off-Duty Work
a. Call Back Pay
Employees, whether on standby or not, who are called back to perform duties outside of their regular work schedule shall be paid at the rate of one and onehalf (1½) times the employee’s regular rate of pay for a minimum of two (2) hours.

If an employee is called back between the hours of midnight and 4:00 A.M., minimum pay of three (3) hours at the rate of one and one half (1½) times the employee’s regular rate shall apply.
228
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 10 If an employee is called back on a non-working day or holiday between the hours of midnight and 6:00 A.M., minimum pay of three (3) hours at the rate of one and one half (1½) times the employee’s regular rate shall apply.

Note that this provision is irrespective of paid leave time exclusions as set forth in Section 15 (Overtime).
b. Off-Duty Contact and Work
Employees will be compensated if they are contacted while off-duty and must perform some work duty in response to the contact. This type of work performance is intended to cover work which may be handled by phone, text, email, or other means. Employees who are contacted and perform such work duties will receive at least fifteen minutes of compensation and the actual time worked for time over fifteen minutes.

This section does not apply to an employee who is physically called back to work. An employee who is physically called back is subject to Section 11.a.

12. Salary Upon Appointment To A Position In An Acting Capacity Whenever the needs of the City require an employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed for a period of more than eight (8) consecutive working days, the employee shall receive the salary rate of the higher class in which he/she is performing the required duties. In such cases, the employee shall be paid at an appropriate step of the salary schedule of the higher classification which will ensure an increase of not less than five percent (5%) greater than the salary of his/her current position, but in no case shall such salary exceed the top salary step of the higher classification. If the temporary performance of the higher classification requires the employee to solely perform the higher classification, then the parties understand and intend for the additional compensation to be classified as “Temporary Upgrade Pay” and reportable to CalPERS as special compensation for classic members of CalPERS.

The higher salary rate payable shall commence on the ninth working day following the temporary reassignment to the performance of duties of the higher classification.

The employee assigned to perform the duties of a higher classification shall not serve for more than ninety (90) working days in a higher classification whenever a 229
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 11 vacancy exists (or it is apparent that a vacancy will be present) without the announcement by the Personnel Officer of an approved examination as otherwise provided in the rules and regulations. In no case shall an employee serve more than six (6) months in a higher classification.

A person appointed in an acting capacity shall be eligible to receive performance increases in his/her permanent position during the acting appointment but shall not be entitled to performance increases in the position which he/she holds in an acting capacity. If successful in being promoted, the period of time of service in the higher classification shall be credited for the promoted employee toward the required period of probation for the higher classification as otherwise required in these rules.

The Personnel Officer shall obtain the employee’s written consent for the temporary performance of any of the duties of the higher classification beyond a period of eight (8) consecutive working days, prior to an employee assuming or continuing the duties and compensation of a higher classification, which consent shall clearly state that it is understood that the employee will be returned to his/her original salary rate upon the expiration of the need for the performance of the duties of the higher classification. In no instance shall the salary rate of the higher classification extend beyond the six (6) months period as hereinabove set forth, unless otherwise promoted in accordance with the Personnel Rules and Regulations.

13. Tuition Reimbursement
Employees are eligible to be reimbursed for seventy-five percent (75%) of the cost of college accredited academic courses, taken for credit, outside regular working hours, that are directly related to job duties within the City, or are required for a degree in their occupational field in local government. An employee must request advance approval from his/her Department Head prior to enrollment in order to be eligible for reimbursement under this section. The Department Head, in his/her sole discretion, will determine whether the courses meet the standard articulated above.

The reimbursement will not exceed three thousand five hundred dollars ($3,500) for full-time employees or two-thousand six hundred twenty-five dollars ($2,625) for three-quarter-time employees, during any fiscal year. Reimbursement costs include those for registration, parking, and books. Proof of course completion and a grade of “C” or better are required.

14. Section 125
Pursuant to Internal Revenue Service (IRS) Code Section 125, the City has established a voluntary flexible spending arrangement that is funded by salary reductions and reimburses employees for qualified expenses, such as dependent care assistance and medical care reimbursements. The City will continue to maintain a Section 125 program for all full-time and three-quarter-time employees. 230
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15. Overtime
a. Eligibility for Overtime
Exempt and non-exempt classifications will be set by City resolution according to the requirements of the Fair Labor Standards Act. City employees may be required to work overtime by their respective department head, subject to City Manager approval. Only time actually worked in excess of forty (40) hours in a given workweek will be considered overtime for non-exempt employees.

Vacation leave, sick leave, holidays, and other time not actually worked will not be counted towards the forty (40) hours.
b. Overtime Compensation
Non-exempt employees will be compensated for overtime at one and one-half (1.5) times their regular rate of pay for all hours worked in excess of forty (40) in a workweek.
c. Attendance at Meetings
Any employee may be required by their department head or his/her designee to attend meetings. Employees will be compensated at regular pay rates for required attendance at meetings, and shall receive overtime if such attendance requires the employee to work more than forty (40) hours in a workweek. d. Use of Overtime Discouraged
The City Manager will take all necessary measures to minimize the use of overtime. All employees must receive advance approval from their Department Head or his/her designee to work in excess of forty (40) hours in a workweek. e. Compensatory Time Accumulated
In lieu of overtime pay, employees may, with department head approval, receive compensatory time off. However, no employee will be permitted to accrue more than sixty (60) hours of compensatory time off. Once an employee reaches sixty (60) hours of compensatory time off, he/she will automatically receive overtime pay until he/she has reduced his/her hours of compensatory time off.

16. Bilingual Pay
a. Eligibility
Employees who are certified as bilingual by the City in accordance with these provisions and who are designated to provide bilingual services as required shall receive bilingual pay. A Department Head can require that an employee seek certification to provide bilingual services when the needs of the City necessitate 231
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 13 translation for the public. An employee may also request to become bilingual certified by submitting a verbal or written request to the Human Resources Director. Only employees who have advance approval from the Human Resources Director may seek to become bilingual certified and eligible for bilingual pay. Only employees who have become bilingual certified and are eligible for bilingual pay may be required to provide translation services. b. Certification
The City will offer certification for bilingual pay at this time for Spanish (verbal only). Employees may request to be certified in a language other than Spanish.

The City, in its sole discretion, may change the languages for which the City offers certification for bilingual pay. The City, in its sole discretion, may limit the number of employees who will be offered bilingual pay. Such a limitation may be City-wide or may be specific to a Department.

The certification process will be administered through a bilingual examination conducted by the Los Angeles Unified School District (LAUSD). Employees wishing to be certified as bilingual must make a request to the Human Resources Director. Upon such request, the Human Resources Director will evaluate the need for bilingual services, and if the City determines that such services are needed, the Human Resources Department will schedule a telephone and/or inperson bilingual examination with a LAUSD representative and the employee.

The Human Resources Department will administer requested bilingual examinations as soon as practicable, but on no less than a quarterly basis.

The bilingual examination will be scored by LAUSD on a pass/fail basis.

Examination scores are final and non-appealable. Employees who fail the examination, or who fail to appear for a scheduled examination, may not take another bilingual examination in the same language for a minimum of six months following the failed or missed examination. Employees who pass the examination will be certified as bilingual by the City. Employees who are certified as bilingual by the City are not required to be re-tested. New employees will be notified of the bilingual pay program during orientation. c. Amount
Effective July 1, 2024, the amount of bilingual compensation will be increased from one hundred twenty-five dollars ($125.00) per month to one hundred fifty dollars ($150.00) per month to an eligible employee certified as bilingual by the City and who provides bilingual services as required, in addition to his/her base rate of pay, beginning on the first pay period after certification. Employees certified by the City as bilingual in two or more languages shall not receive more than $150.00 per month.
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17. Holidays
a. Holidays Observed
The City provides regular and probationary employees with the following eleven (11) paid holidays during the calendar year:

HOLIDAY DATE OBSERVED
New Year’s Day January 1 or January 2 if January 1 falls on a Sunday
Martin Luther King Day third Monday in January
President’s Day third Monday in February
Memorial Day Last Monday in May
Independence Day July 4
Labor Day first Monday in September
Thanksgiving Day fourth Thursday in November
Day after Thanksgiving Day fourth Friday in November
Christmas Eve December 24
Christmas Day December 25
New Year’s Eve December 31
If a holiday falls on an employee’s regularly scheduled day off, the employee will receive a floating holiday, according to the provisions of Section 17.b, below. In such a case, the floating holiday will accrue on the date of the holiday. b. Floating Holidays
Effective July 1, 2024, regular and probationary employees will receive one additional floating holiday each fiscal year.

Unused floating holidays will be automatically cashed out at the end of the fiscal year.

In case an employee terminates employment with the City, he or she will be fully compensated for any accrued, but unused, floating holidays. c. Amount of Holiday Pay
Employees shall receive holiday pay, including floating holidays, in an amount equal to their regular schedule and rate of pay. For example, an employee who is assigned to a 4/10 schedule shall receive ten (10) hours of holiday pay, and an 233
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 15 employee who is assigned to a 5/8 schedule shall receive eight (8) hours of holiday pay.
d. Work on Holidays
An employee who is scheduled and required to work on a date that the City has observed as a holiday shall be compensated at twice (2x) the employee’s regular salary for all time actually worked on the date the holiday is observed. The employee shall not be provided with an alternative day off to observe the holiday or with a floating holiday.

18. Disability Insurance
The City will provide full-time and three-quarter-time employees with short and long-term disability insurance coverage, which provides an annual benefit of

66.6667% of earnings. Employees will become eligible for coverage the first of the month after their date of hire. Benefits will begin after a 30-day elimination period.

19. Life Insurance
All full-time and three-quarter-time employees will be entitled to group life insurance coverage equal to their annual salary, rounded to the next higher onethousand dollars ($1,000.00). For three-quarter-time employees, annual salary will be based on their normal work schedule.

20. Retirement
Employees are provided retirement benefits through the California Public Employees’ Retirement System (CalPERS). The CalPERS benefits summarized here are pursuant to the City’s contract with CalPERS, and are subject to and in accordance with the California Public Employees’ Retirement Law and the California Public Employees’ Pension Reform Act of 2013. a. Tier 1: Employees Hired Before March 19, 2012 (Tier One Classic Members) (1) Application
This section applies to full-time and three-quarter-time employees hired before March 19, 2012.
(2) “2.5% at 55” Benefit Formula (Gov. Code § 21354.4)
Effective June 22, 2003, the “2.5% at 55” benefit formula will be available to employees covered by this section. The City will continue to pay the required employer contribution. The employee will continue to pay, through payroll deductions, the full eight-percent (8%) member contribution.
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Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 16 (3) Final Compensation Based on the Single Highest Year (Gov. Code § 20042) For purposes of determining a retirement benefit, final compensation for employees covered by this section shall be based on the compensation earnable for the single highest year.
b. Tier 2: Employees Hired On or After March 19, 2012 but Before January 1, 2013, and for Classic Members Hired On or After March 19, 2012 (Tier 2 Classic Members)
(1) Application
This section applies to full-time and three-quarter-time employees hired on or after March 19, 2012 but before January 1, 2013. Additionally, this section applies to full-time and three-quarter-time employees hired on or after January 1, 2013 who do not meet the definition of “new member” as set forth in Government Code Section 7522.02(f).
(2) “2.0% at 60” Benefit Formula (Gov. Code § 21353)
The “2% at 60” benefit formula will be available to employees covered by this section. The City will continue to pay the required employer contribution. The employee will continue to pay, through payroll deductions, the full seven-percent (7%) member contribution. (3) Final Compensation Based on the Average of the Three Highest Years (Gov. Code 20037)
For purposes of determining a retirement benefit, final compensation for employees covered by this section shall be based on the highest annual average compensation earnable during a consecutive 36-month period. c. Tier 3: Employees Hired On or After January 1, 2013 (New Members) (1) Application
This section applies to full-time and three-quarter-time employees hired on or after January 1, 2013 who meet the definition of “new member” as set forth in Government Code Section 7522.02(f).
(2) “2.0% at 62” Benefit Formula (Gov. Code § 7522.20)
The “2% at 62” benefit formula will be available to employees covered by this section. The employee will continue to be responsible for contributing, through payroll deductions, fifty percent (50%) of the normal costs as determined and adjusted by CalPERS.
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Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 17 (3) Final Compensation Based on the Average of the Three Highest Years (Gov. Code 7522.32)
For purposes of determining a retirement benefit, final compensation for employees covered by this section shall be based on the highest average annual pensionable compensation earned during a period of at least 36 consecutive months immediately preceding retirement.
d. Optional Benefits
The City contracts with CalPERS for the following optional benefits, which are available to represented employees as subject to applicable laws:
• Post-Retirement Survivor Allowance (Gov. Code § 21624 and 21626) • Third Level of 1959 Survivor Benefits (Gov. Code § 21573) • Military Service Credit as Public Service (Gov. Code § 21024) • Credit for Unused Sick Leave (Gov. Code § 20965)
e. Disability Retirement
The City may request PERS to retire an employee who becomes physically or mentally unable to perform the duties of his or her position, or may be subject to further injury if employment is continued. The City will engage in the interactive process to determine what, if any, reasonable accommodation(s) is available to the employee prior to making any request for disability retirement. f. No Employer Paid Member Contributions (“EPMC”)
The City shall not pay any portion of the member contributions.

21. Work Schedule
General City working hours are Monday through Thursday, 7:30 A.M. to 6:00 P.M.

The City Manager, with reasonable notice to the employee, may adjust the working hours of individual departments, and department heads, with reasonable notice to the employee, may adjust the working hours of individual employees. Any adjustment to a work schedule will be based on the needs of the City, with consideration given to the preference of the employee.

Should the City exercise its discretion to change the general City working hours, the City shall notify the Union thirty (30) days in advance of the proposed change(s) and provide the Union with the opportunity to discuss the impact of such change(s) on the affected employees.
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22. Classification Revision
SEIU 721 recognizes that the City has the discretion to create a new job classification/description and or modify an existing job classification/description.

The City shall notify the Union and provide the Union with the opportunity to discuss the content and the job classification/description, including the corresponding compensation.

23. Mileage Reimbursement
Employees required or allowed by their department head to use private automobiles for City business will be reimbursed based on the Internal Revenue Service standard mileage rates.

24. Uniforms
The City Manager may require any and all employees to regularly wear uniforms.

Should such a uniform be required, the City will provide it. Full-time and threequarter-time employees will receive one hundred and fifty dollars ($150.00) per fiscal year for uniform maintenance, and four hundred dollars ($400.00) per fiscal year for safety shoes or other required footwear.

25. Deferred Compensation
The City will make a deferred compensation program available to benefited employees that complies with the rules and regulations established by the Internal Revenue Service. Employees will be allowed to participate in the program through payroll deduction.

Effective July 1, 2024, the City will provide a matching contribution of up to one hundred dollars ($100.00) per month for each employee who is already contributing through payroll deduction to their deferred compensation plan. For employees who are not enrolled in deferred compensation prior to July 1, 2024, a matching contribution of up to one hundred dollars ($100,00) per month will begin in the month following the month of enrollment once the employee is contributing through payroll deduction to their deferred compensation plan.

Loans will be interest-free and payable over a two-year period. The minimum loan payment will be 1/52 of the amount borrowed, and will be made through payroll deduction. The balances of any outstanding loans become due and payable upon termination, and will be deducted from an employee’s final check. Continuation of 237
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 19 the program is subject to annual budget appropriations by the City Council, and will be administered according to policies and procedures established by the City Manager.

27. Fitness Center Membership
Full-time and three-quarter-time employees and retirees of the City will be entitled to free individual membership at the Duarte Fitness Center.

28. Layoffs
Layoffs will be made first and primarily on the basis of merit job performance and secondly on the basis of seniority (date of hire). Employees will receive notice of the layoff at least ten (10) working days prior to the effective date. Names of persons laid off shall be carried on a reemployment list for twelve (12) months. If the City restores the laid off position(s) within the twelve (12) months period, it shall first offer the position(s) to persons on the reemployment list before using any other selection method. The name of the individual re-appointed to a permanent position of the same class shall, upon reappointment, be removed from the list. An individual who declines reemployment shall be dropped from the list.

29. Severance Pay
When a full-time employee is laid off, that employee will be entitled to receive severance pay as follows:

Length of Service Amount
Date of hire to 2 years None
2 years plus one day to 5 years 1 month’s salary
5 years plus one day to 10 years 2 month’s salary
10 years plus one day to 15 years 3 month’s salary
15 years plus one day to 20 years 4 month’s salary
20 years plus one day to 25 years 5 month’s salary
25 years plus one day or more 6 month’s salary
Employees terminated from employment due to physical inability to perform their job, and eligible for workers’ compensation benefits, will not be entitled to severance pay. Any additional years of service purchased by the City towards retirement will be deducted from severance pay.

30. Appeals
Disciplinary Action: Any regular employee shall have the right to appeal a suspension without pay in excess of forty (40) hours, reduction in pay, nonprobationary demotion and/or termination. The appeal process shall not be applicable to those positions that may be deemed exempt or to probationary 238
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 20 appointments. The appeal process shall not be applicable to any other forms of discipline and/or grievances. An employee desiring to appeal the appointing authority’s decision shall have ten (10) calendar days after receipt of the response to file an appeal. The employee’s request for appeal must be addressed to the City Manager and received in the City Manager’s office so that it is date stamped by the City Manager’s office within the ten (10)-day period.

If within the ten (10)-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the appointing authority shall be considered conclusive and shall take effect as prescribed. If within the ten (10)-day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the City Manager, an appeal hearing shall be established as follows:
a. The California State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee. Within ten (10) days following receipt of the list of hearing officers, the parties shall meet to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer.
b. Where practicable, the date for a hearing shall not be less than twenty (20) calendar days, or more than sixty (60) calendar days, from the date of the filing of the appeal with the City Manager. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. c. All hearings shall be private provided, however, that the hearing officer shall, at the request of the employee, open the hearing to the public. d. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven (7) calendar days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer. e. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted, if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence 239
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 21 shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.
f. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the employee does not testify in his/her own behalf, he/she may be called and examined as if under cross-examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary. g. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:

1. The party imposing discipline shall be permitted to make an opening statement;

2. The appealing party shall then be permitted to make an opening statement;

3. The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence;

4. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;

5. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case; and

6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
h. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her judgment as 240
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 22 soon after the conclusion of the hearing as possible and in no event later than 30 days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions.
i. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee.

He/she may not recommend for discipline more stringent than that issued by the department head.
j. The hearing officer’s opinion and recommendation shall be filed with the City Manager, with a copy sent to the charged employee, and shall set forth his/her findings and recommendations. In a termination case, if dismissal is not the hearing officer’s recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action.

The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action.
k. Within thirty (30) days of the receipt of the hearing officer’s findings and recommendation, and transcript (which is optional only by the mutual consent of the City and the employee), whichever date is later, the City Manager shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision, which modifies or rejects the recommendation of the hearing officer, the City Manager shall order and read the transcript of the Third Party Advisory Process. Prior to making a decision, which supports the hearing officer, the City Manager may order and read the transcript at his/her option. The City Manager shall not conduct a de novo hearing. The City Manager may, at his/her option, allow limited oral arguments and/or may request and review written statements from either side.

The decision of the City Manager shall be final and conclusive. Copies of the City Manager’s decision, including the hearing officer’s recommendation(s) shall be filed where appropriate, including the employee’s personnel file, unless no discipline is upheld by the City Manager.
l. Each party shall bear equally the cost of facilities, fees, and expenses of the hearing officer, including the court reporter and transcripts. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties, which result in an arbitration fee.
m. In the case of dismissal prescribed by the City Manager, the time of such dismissal shall be effective from the first day after such delivery of said decision 241
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 23 or shall relate back to and be effective as of the date the employee was disciplined pending hearing before and decision by the City Manager, whichever is applicable. If discipline imposed resulted in loss of pay, and the decision results in reduction or elimination of loss of pay, the pay loss shall be restored to the employee based on the number of standard work hours lost computed at his/her then base hourly rate.
n. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section.

31. Dues Deduction and Transmittal of Member Information During the term of this MOU, the City agrees to deduct from the pay of each employee a monthly sum certified to him/her by the Secretary of SEIU 721 as the regular monthly dues of SEIU 721, to the extent permitted by law. The City shall not deduct any pay for initiation fees, fines, or other special assessments. Dues deduction shall be a specified uniform amount for each employee and any change in the amount of dues deducted shall be provided to the City from SEIU 721. SEIU 721 will maintain records of employee authorizations for dues deductions. SEIU 721 will provide the City with information regarding the amount of dues deductions and the list of SEIU 721 employees who have authorized dues deduction, COPE and other deductions and the deduction amounts. The City shall not request SEIU to provide a copy of any member employees’ authorization unless a dispute arises about the existence or terms of the authorization. To the extent required by the Government Code, or otherwise required by law, the City will rely on the information provided by SEIU 721 in processing dues deductions for SEIU 721.

SEIU 721 is responsible for providing the City with timely information regarding changes to member employees’ dues deductions. This information will be provided to the City in an Excel format.

The employee’s earnings must be regularly sufficient, after other legal and required deductions are made, to cover the amount of the dues authorized. When a member in good standing of SEIU 721 is in a non-pay status for an entire pay period, no dues withholding shall be made to cover that period from future earnings, nor shall the member deposit the amount with the City which would have been withheld if the member had been in a pay status during that period. In the case of an employee who is in non-pay status during only a part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. All other legal and required deductions have priority over employee organization dues.

The City will make the dues and other applicable deductions from the employees’ paychecks and remit such itemized deductions to SEIU 721 via Electronic Funds Transfer within five business days of each payday. The City shall also provide the breakdown of each amount remitted (i.e., dues, COPE, supplemental benefits, etc.) in Excel format to [email protected] within five business days of each payday. 242
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 24 In accordance with Government Code Section 3558, the City will provide SEIU 721 with the following information on file with the City about newly hired employees in represented positions within 30 days of hire or the first pay period of the month after hire: full name, employee identification number, job title, department, work location, work, home and personal cellular telephone numbers, work and personal email addresses, the employee’s home address, hire date, and base salary earned per pay period (collectively, “employee information”). Further, at least quarterly, the City will provide employee information for all represented employees. This information will be provided to SEIU 721 in an Excel format.

SEIU 721 shall indemnify, defend, hold the City harmless against any claims made, and against any suit instituted against the City on account of employee organization dues. In addition, SEIU 721 shall refund to the City any amounts paid to it in error, upon presentation of supporting evidence.

32. Political Action Committee
Union members may voluntarily authorize in writing a political action committee deduction from their salary. Employees wishing to participate shall provide written authorization on a form furnished by the Union indicating the amount to be deducted. The parties agree that the employee may revoke any such deduction at any time. The parties further agree that neither the Union nor the City will bestow any special benefit or cause any detriment as a result of an employee’s voluntary choice to make, decline to make, or revoke a contribution.

33. Stewards
SEIU 721 may designate up to three (3) persons to act as stewards. The names of the designated stewards shall be provided in writing to the City on July 1st of each year, or any time there is change in the designated stewards.

A steward shall be entitled to reasonable release time for the purpose of representing an employee in the grievance or discipline appeal process, attending negotiations, or testifying or appearing as the designated representative. Prior to participating in such business, the steward shall first obtain authorization from his/her immediate supervisor. The immediate supervisor may deny such request if it is deemed that such a request would unduly interfere with the efficiency, safety, or security of City operations. If the request is denied, the immediate supervisor shall establish an alternate time convenient to the parties when the representative can be released from his/her work assignment.

34. Grievance Procedure
a. Definition
A “grievance” is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication 243
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 25 of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. Other matters for which a special method of review is provided by law, ordinance, resolution, or by administrative regulations and procedures of the City, are not within the scope of this procedure. This procedure is not to be used in lieu of the Disciplinary and Appeals Procedure set forth in Section 21 of the Personnel Rules & Regulations or Section 30 (Appeals) of this Memorandum of Understanding. b. Procedure
(1) Every effort shall be made to resolve a grievance through discussion between the employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without subsequent discrimination against employees who may seek to adjust a grievance. Every effort should be made to find an acceptable solution at the lowest level of supervision. Within eight (8) workdays 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.
(2) If the problem cannot be resolved between the employee and the supervisor, the employee may, within four (4) workdays from the date of receiving the answer from his/her supervisor, request an interview with the division manager, if one exists, in order to discuss the grievance. (3) If the division manager and employee cannot reach a solution to the grievance, the employee may, within four (4) workdays from the date of receiving the answer from the division manager, request, in writing, an interview with the Department Head.
(4) The division manager and/or Department Head shall render his/her decision in writing within eight (8) workdays of receiving the appeal. If the Department Head and employee are unable to arrive at a satisfactory solution, the employee may, within eight (8) workdays from the date of the decision by the Department Head, submit a written appeal to the City Manager.
(5) The City Manager shall review the grievance and respond to the employee within twenty (20) workdays of receiving the appeal. The City Manager may request additional time, if necessary. The response shall be in writing and will be considered an expression of management’s viewpoint, and shall be the final administrative review.
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Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 26 (6) Mediation. If the grievance is not resolved at Step (5), the employee or the Union at the request of the employee may within ten (10) workdays following receipt of City Manager’s response at Step (5), request mediation.

A request for mediation must be in writing and must be submitted to the City’s Manager or his/her designee. If the parties mutually agree to submit the dispute to mediation, the Administrative Service Director or his/her designee shall obtain the services of a mediator from the State Mediation and Conciliation Service. The fees for mediation shall be shared equally by Union and the City.

The mediation procedure shall be informal. The primary effort will be to assist both parties in settling the grievance. If the grievance is resolved through mediation, the parties agree to reduce the agreement to writing, signed by all affected parties and accept the results of mediation as binding. (7) Should employee or Union fail to meet the deadlines as listed in this procedure, then the grievance shall be deemed withdrawn by the employee or the Union.
(8) The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review.

In the event the employee desires the presence of a representative who is an employee of the City, he/she shall make such request through the supervisor and the supervisor shall make the necessary arrangements for the employee representative to be present.
(9) The employee and/or his/her representative may use a reasonable amount of work time as determined by the appropriate supervisor or Department Head in presenting the appeal. However, no employee shall absent himself/herself without first being excused by his/her supervisor. (10) Employees shall be assured freedom from reprisal for using the grievance procedures by both the City and the employee organization. (11) The settlement terms of a grievance which is processed by an employee individually or by an informally recognized employee organization shall not conflict with the express provisions of a Memorandum of Understanding between the City and the formally recognized employee organization for such unit, if any.
(12) A group grievance may be filed when one (1) set of circumstances or occurrences affects more than one (1) employee in the same manner or to the same extent. The group may file one (1) document, which all members of the group have read and signed. Members of the group shall be limited to those who have signed the grievance. The resolution of a group grievance may not be consistent among all employees in the group grievance due to 245
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 27 differences in the circumstances or occurrences that brought about the grievance.

A group grievance affecting all members of an employee organization may be brought by the employee organization itself. In such case the procedure shall be commenced directly at the City Manager level within eight (8) workdays after authorized representatives of the employee organization knew or by reasonable diligence should have known of the condition giving rise to the grievance and shall be subject to all applicable time limitations and the provisions set forth above.

35. Union Business
a. City Facilities
During working times, City facilities that are designated as working areas may be used with the prior approval of the City Manager, or his or her designee, for the purpose of holding meetings if such facilities can be made available without disrupting the normal operations of the facilities or disrupting the normal work schedules of the involved employees. “Working times” means the time an employee is performing the actual duties of their job. “Working areas” means an area where work is predominately being performed by any employee or contractor.
b. Bulletin Boards
Each work location (City Hall Break Room; Copy Room; Public Safety; and City Yard) will provide a bulletin board or reasonable space that may be used by the Union for the posting of notices of official Union business and/or Union related articles. Posting notices may include, but is not limited to the following:
• Notices of recreational and social activities;
• Notices of Union elections and results of such elections; • Notices of Union appointments; and
• Notices of Union meetings, reports, and minutes thereof.

The Union is responsible for posting and removing material on its bulletin boards and for maintaining the same in an orderly and neat fashion. Any posting that interferes with the efficient operation of the City’s business and/or violates the provisions of this MOU or City rules/policies will be subject to removal.
c. The Chapter’s Board shall meet on a quarterly basis beginning (March, June, September and December) on the third (3rd) Wednesday from 9:00 A.M. to 11:00 A.M.
d. During labor negotiations over a successor MOU, the elected negotiating committee members shall meet during work hours for the purposes of drafting 246
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 28 proposals and discussing proposals. The Union will advise the City one week prior to each meeting or as soon as practically possible. e. Union-Related Training
Board members and stewards shall be entitled to up to ten (10) hours of release time during each fiscal year for the purpose of attending training that is related to his/her role as a board member or steward, or other union-related trainings.

This release time is not to be used to participate in trainings related to the employee’s job duties. Release time has no cash value and shall not be cashed out under any circumstances. If one person is both a board member and a steward, he/she shall only be entitled to ten total hours of training each fiscal year.

Prior to participating in trainings, the employee shall first obtain authorization from his/her immediate supervisor. The immediate supervisor may deny such request if it is deemed that such a request would unduly interfere with the efficiency, safety, or security of City operations. If the request is denied, the immediate supervisor shall establish an alternate time convenient to the parties when the employees can be released from his/her work assignment.

36. Employee Relations Consultation Meetings
The City Manager and Assistant City Manager or her designee will meet, at the request of the Union or the City, on a quarterly basis (January, April, July and October). Meeting times will be mutually scheduled. The Union recognizes that the schedule of the City Manager may necessitate postponement/rescheduling of a meeting. The party requesting a meeting shall submit a proposed agenda, in writing, one (1) week prior to the meeting.

37. Personnel Rules and Regulations
The City and Union agree to meet and confer on any proposed changes to the City’s Personnel Rules and Regulations or the City’s Employer-Employee Relations Resolution that are within the scope of bargaining.

38. New Employee Orientation
Human Resources will inform the Union, by advising the Union President, the SEIU 721 Worksite Organizer, and [email protected], when an employee has been hired into a position represented by SEIU 721 (which includes any employee new to SEIU 721, including, but not limited to, through accretion or promotion/demotion).

Human Resources will provide notice at least ten days in advance of the orientation, unless there is an urgent need critical to the City’s operations that was not reasonably foreseeable. Human Resources will also advise the Union of the employee’s start date and their orientation date, and coordinate a meeting between the new employee and the Union. No City representative will be present during the 247
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 29 meeting between the Union and the new employee. The City will not advise any person other than the employee, the Union, or any vendors contracted for the orientation about the orientation date. The Union Board Member is granted release time for their participation. The City shall include the current MOU and the contact information for the Union representatives on file with the City in its new hire packet provided to new employees. The Union is responsible for presenting any other Union-related materials to the new employee.

SEIU 721 is responsible for providing the City the current list of contacts for Union officers, the Worksite Organizer, or any other relevant Union representative, and of any changes to the [email protected] email address.

39. Longevity Pay
The City will provide longevity pay to bargaining unit employees who have completed at least 5 continuous years of City service and have been compensated for at least one complete year at the top salary step for the range for the employee’s position. Longevity pay will be provided on a monthly basis in the following amounts:

Length of Service Amount
0-5 years $0
5 years $50/month
10 years $100/month
15 years $150/month
20 years $200/month
25 years $250/month

40. Severability
If any section of this MOU shall be found to be in conflict with any statute or regulation of the United States or the State of California by a court of competent jurisdiction, such section shall be deemed null and void and of no further effect.

However, such sections shall be severable from the remainder of this MOU, and all other provisions hereof shall continue in full force and effect. 248
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Page 30 IN WITNESS WHEREOF, the PARTIES have executed this MOU as of the latter date written below.

THE CITY OF DUARTE
Mayor Vinh Truong Date
ATTEST
Annette Juarez, City Clerk
SEIU LOCAL 721
Albert Nunez, Union Board Member Date
Pam Romero, Union Board Member Date
Juan Oseguera, Union Board Member Date
APPROVED AS TO FORM:

Sheila Delshad, Burke, Williams & Sorensen, LLP Date
Kristin Eldridge, SEIU Local 721 Date
249
Duarte – General Unit MOU (July 1, 2024 to June 30, 2027) Appendix A – Salary Schedule Effective July 1, 2024
GENERAL EMPLOYEES - SEIU LOCAL 721
Step A Step B Step C Step D Step E Step F Step G
POSITION Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Hourly Monthly Accountant $ 37.01 $ 6,415 $ 38.16 $ 6,614 $ 39.34 $ 6,819 $ 40.55 $ 7,029 $ 41.81 $ 7,248 $ 43.10 $ 7,471 $ 44.43 $ 7,702 Accounting Specialist $ 30.66 $ 5,314 $ 31.70 $ 5,495 $ 32.76 $ 5,679 $ 33.82 $ 5,862 $ 34.86 $ 6,043 $ 35.92 $ 6,226 $ 36.96 $ 6,407 Administrative Secretary $ 28.96 $ 5,020 $ 30.08 $ 5,213 $ 31.19 $ 5,406 $ 32.30 $ 5,599 $ 33.41 $ 5,792 $ 34.51 $ 5,982 $ 35.63 $ 6,175 Assistant Planner $ 34.88 $ 6,045 $ 36.23 $ 6,280 $ 37.60 $ 6,517 $ 38.97 $ 6,754 $ 40.32 $ 6,989 $ 41.67 $ 7,223 $ 43.04 $ 7,461 Building Permit Technician $ 28.96 $ 5,020 $ 30.08 $ 5,213 $ 31.19 $ 5,406 $ 32.30 $ 5,599 $ 33.41 $ 5,792 $ 34.51 $ 5,982 $ 35.63 $ 6,175 Civil Engineering Technician $ 31.39 $ 5,441 $ 32.70 $ 5,669 $ 34.02 $ 5,896 $ 35.32 $ 6,122 $ 36.65 $ 6,352 $ 37.96 $ 6,580 $ 39.27 $ 6,807 Clerk Typist Receptionist $ 23.88 $ 4,139 $ 24.75 $ 4,290 $ 25.61 $ 4,439 $ 26.47 $ 4,588 $ 27.34 $ 4,739 $ 28.21 $ 4,890 $ 29.10 $ 5,043 Code compliance / Animal Control Officer $ 32.59 $ 5,650 $ 33.96 $ 5,886 $ 35.31 $ 6,121 $ 36.68 $ 6,358 $ 38.03 $ 6,592 $ 39.40 $ 6,829 $ 40.75 $ 7,064 Community Development Technician $ 28.59 $ 4,956 $ 29.62 $ 5,134 $ 30.63 $ 5,310 $ 31.66 $ 5,488 $ 32.68 $ 5,664 $ 33.71 $ 5,842 $ 34.72 $ 6,018 Crime Prevention Specialist $ 35.14 $ 6,092 $ 36.43 $ 6,315 $ 37.76 $ 6,545 $ 39.11 $ 6,780 $ 40.45 $ 7,012 $ 41.81 $ 7,247 $ 43.15 $ 7,479 Custodian $ 23.99 $ 4,158 $ 24.90 $ 4,316 $ 25.81 $ 4,474 $ 26.75 $ 4,637 $ 27.66 $ 4,795 $ 28.60 $ 4,957 $ 29.51 $ 5,115 Deputy City Clerk $ 28.96 $ 5,020 $ 30.08 $ 5,213 $ 31.19 $ 5,406 $ 32.30 $ 5,599 $ 33.41 $ 5,792 $ 34.51 $ 5,982 $ 35.63 $ 6,175 Field Services Supervisor $ 37.57 $ 6,512 $ 39.43 $ 6,835 $ 41.31 $ 7,161 $ 43.19 $ 7,486 $ 45.07 $ 7,812 $ 46.96 $ 8,139 $ 48.83 $ 8,465 Human Resources Specialist $ 31.76 $ 5,504 $ 33.08 $ 5,734 $ 34.41 $ 5,965 $ 35.74 $ 6,195 $ 37.05 $ 6,423 $ 38.38 $ 6,653 $ 39.71 $ 6,883 Maintenance Technician $ 24.54 $ 4,254 $ 25.57 $ 4,432 $ 26.58 $ 4,608 $ 27.61 $ 4,786 $ 28.63 $ 4,962 $ 29.66 $ 5,140 $ 30.67 $ 5,316 Management Aide $ 31.86 $ 5,523 $ 32.85 $ 5,694 $ 33.87 $ 5,871 $ 34.91 $ 6,052 $ 36.00 $ 6,240 $ 37.11 $ 6,432 $ 38.26 $ 6,631 Management Analyst- City Manager's Office $ 35.08 $ 6,081 $ 36.54 $ 6,334 $ 38.07 $ 6,599 $ 39.65 $ 6,873 $ 41.31 $ 7,160 $ 43.03 $ 7,458 $ 44.82 $ 7,768 Outreach Coordinator - Public Safety $ 28.33 $ 4,911 $ 29.41 $ 5,097 $ 30.48 $ 5,283 $ 31.55 $ 5,469 $ 32.64 $ 5,657 $ 33.71 $ 5,843 $ 34.80 $ 6,031 Payroll Technician $ 29.35 $ 5,088 $ 30.23 $ 5,241 $ 31.14 $ 5,398 $ 32.08 $ 5,560 $ 33.04 $ 5,727 $ 34.03 $ 5,898 $ 35.47 $ 6,148 Recreation Coordinator $ 28.33 $ 4,911 $ 29.41 $ 5,097 $ 30.48 $ 5,283 $ 31.55 $ 5,469 $ 32.64 $ 5,657 $ 33.71 $ 5,843 $ 34.80 $ 6,031 Senior Code Compliance / Animal Control Officer $ 35.49 $ 6,152 $ 36.96 $ 6,407 $ 38.43 $ 6,662 $ 39.91 $ 6,918 $ 41.41 $ 7,178 $ 42.89 $ 7,434 $ 44.36 $ 7,689 Senior Custodian $ 29.11 $ 5,046 $ 30.24 $ 5,241 $ 31.36 $ 5,436 $ 32.49 $ 5,631 $ 33.63 $ 5,829 $ 34.76 $ 6,024 $ 35.89 $ 6,222 Senior Maintenance Technician $ 28.79 $ 4,990 $ 29.89 $ 5,181 $ 30.99 $ 5,371 $ 32.09 $ 5,562 $ 33.20 $ 5,755 $ 34.31 $ 5,948 $ 35.40 $ 6,136 250
4878-2266-3867 v2
Memorandum of Understanding
Between City of Duarte and
SEIU Local 721 — Management & Professional
Employees
July 1, 2024 through June 30, 2027
251
4878-2266-3867 v2 - i -

TABLE OF CONTENTS
Page

1. Recognition.......................................................................................................................1

2. Term...................................................................................................................................1

3. MOU Distribution............................................................................................................1