10 LIMITED TO YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED (A) DURING THE INITIAL TERM, AS SET FORTH IN SECTION F(1), TOTAL FEES PAID AS OF THE TIME OF THE CLAIM; OR (B) DURING ANY RENEWAL TERM, THE THEN-CURRENT ANNUAL SAAS FEES PAYABLE IN THAT RENEWAL TERM. THE
PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN THIS AGREEMENT ARE SET
IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE MAXIMUM EXTENT ALLOWED
UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES, AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS G(1) AND G(2).
5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR
CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.
SECTION H – GENERAL TERMS AND CONDITIONS
1. Additional Products and Services. You may purchase additional products and services at the rates set forth in the Investment Summary for twelve (12) months from the Effective Date by executing a mutually agreed addendum. If no rate is provided in the Investment Summary, or those twelve (12) months have expired, you may purchase additional products and services at our then-current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.
2. Optional Items. Pricing for any listed optional products and services in the Investment Summary will be valid for twelve (12) months from the Effective Date.
3. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.
11 4. Taxes. The fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct-pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.
5. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.
6. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.
Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.
7. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.
8. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.
9. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.
10. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.
11. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party.
12 12. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.
13. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.
14. Independent Contractor. We are an independent contractor for all purposes under this Agreement.
15. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.
16. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.
17. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.
Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.
13 18. Quarantining of Client Data. Some services provided by Tyler require us to be in possession of your Data. In the event we detect malware or other conditions associated with your Data that are reasonably suspected of putting Tyler resources or other Tyler clients’ data at risk, we reserve the absolute right to move your Data from its location within a multi-tenancy Tyler hosted environment to an isolated “quarantined” environment without advance notice. Your Data will remain in such quarantine for a period of at least six (6) months during which time we will review the Data, and all traffic associated with the Data, for signs of malware or other similar issues. If no issues are detected through such reviews during the six (6) month period of quarantine, we will coordinate with you the restoration of your Data to a non-quarantined environment. In the event your Data must remain in quarantine beyond this six (6) month period through no fault of Tyler’s, we reserve the right to require payment of additional fees for the extended duration of quarantine. We will provide an estimate of what those costs will be upon your request.
19. Business License. In the event a local business license is required for us to perform services hereunder, you will promptly notify us and provide us with the necessary paperwork and/or contact information so that we may timely obtain such license.
20. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.
21. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.
Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.
22. Cooperative Procurement. To the maximum extent permitted by applicable law, we agree that this Agreement may be used as a cooperative procurement vehicle by eligible jurisdictions. We reserve the right to negotiate and customize the terms and conditions set forth herein, including but not limited to pricing, to the scope and circumstances of that cooperative procurement.
23. Data & Insights Solution Terms. Your use of certain Tyler solutions includes Tyler’s Data & Insights data platform. Your rights, and the rights of any of your end users, to use Tyler’s Data & Insights data platform is subject to the Data & Insights SaaS Services Terms of Service, available at https://www.tylertech.com/terms/data-insights-saas-services-terms-of-service. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any of the Tyler solutions listed at the linked terms, you certify that you have reviewed, understand, and agree to said terms.
24. Contract Documents. This Agreement includes the following exhibits:
Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Service Level Agreement
Schedule 1: Support Call Process
Exhibit D Third Party Terms
14 IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.
Tyler Technologies, Inc. City of La Palma, CA
By: By:
Name: Name:
Title: Title:
Date: Date:
Address for Notices: Address for Notices:
Tyler Technologies, Inc. City of La Palma
One Tyler Drive 7822 Walker Street
Yarmouth, ME 04096 La Palma, CA 90623-1721
Attention: Chief Legal Officer Attention: ______________________________ Conal McNamara
City Manager
Katie M. Gray
Senior Corporate Attorney
01/17/25 Page 136 of 205
Exhibit A
1 Exhibit A
Investment Summary
The following Investment Summary details the software and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date, despite any expiration date in the Investment Summary that may have lapsed as of the Effective Date.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
– Tyler Annual Software SaaS
Exhibit B
1 Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary of the Agreement. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.
Invoicing: We will invoice you for the applicable software and services in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.
1. SaaS Fees. SaaS Fees are invoiced on an annual basis, beginning on the commencement of the initial term as set forth in Section F (1) of this Agreement. Your annual SaaS fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual SaaS fees will be at our then-current rates.
2. Other Tyler Software and Services.
2.1 Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.
2.2 Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon your acceptance of the Best Practice Recommendations, by module, and 50% upon your acceptance of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.
2.3 Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted Data, by conversion option, and 50% upon Client acceptance to load the converted Data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.
2.4 Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in this Agreement.
2.5 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
Exhibit B
2 2.6 Other Fixed Price Services: Other fixed price services are invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document. Dedicated Project Management services, if any, will be billed monthly in arrears, beginning on the first day of the month immediately following initiation of project planning.
2.7 Web Services: Annual fees for web services are payable in advance, commencing upon the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.
2.8 Annual Services: Unless otherwise indicated in this Exhibit B, fees for annual services set forth in the Investment Summary are due annually, in advance, commencing on the availability of the service. Your annual fees for the initial term are set forth in the Investment Summary. Upon expiration of the initial term, your annual fees will be at our then-current rates.
3. Third Party Products and Hardware. 3.1 Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading.
3.2 Third Party Software Maintenance: The first year maintenance fee for the Third Party Software is invoiced when we make it available to you for downloading. Subsequent annual maintenance fees for Third Party Software are invoiced annually, in advance, at thencurrent rates, upon each anniversary thereof.
3.3 Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.
3.4 Hardware Maintenance: The first year maintenance fee for Hardware is invoiced upon delivery of the hardware. Subsequent annual maintenance fees for hardware are invoiced annually, in advance, at then-current rates, upon each anniversary thereof.
3.5 Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary.
3.6 Third Party SaaS: Third Party SaaS Services fees, if any, are invoiced annually, in advance, commencing with availability of the respective Third Party SaaS Services. Pricing for the first year of Third Party SaaS Services is indicated in the Investment Summary. Pricing for subsequent years will be at the respective third party’s then-current rates.
4. Transaction Fees. Unless paid directly by an end user at the time of transaction, per transaction (call, message, etc.) fees are invoiced on a quarterly basis. Fees are indicated in the Investment Summary and may be increased by Tyler upon notice of no less than thirty (30) days.
5. Expenses. The service rates in the Investment Summary do not include travel expenses.
Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B as Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.
6. Preexisting Annual Services Fees and Credit. You are responsible for payment of the thencurrent annual fees for preexisting annual services until the commencement of the initial SaaS Term, as indicated in Section F(1) of this Agreement. You will receive a credit for any prepaid
Exhibit B
3 fees for preexisting annual services replaced by SaaS services for the time period beginning on the commencement date of the initial SaaS Term through the end of the prepaid annual services term. These services may include, without limitation, annual maintenance and support, Tyler Systems Management, and Tyler Disaster Recovery. Those preexisting services are terminated as of the initial SaaS Term commencement date, as comparable services are included under this SaaS Agreement.
Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is available by contacting [email protected].
Exhibit B
Schedule 1
1 Exhibit B
Schedule 1
Business Travel Policy
1. Air Travel
A. Reservations & Tickets
The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted.
Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required.
Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings.
B. Baggage Fees
Reimbursement of personal baggage charges are based on trip duration as follows:
• Up to five (5) days = one (1) checked bag
• Six (6) or more days = two (2) checked bags
Baggage fees for sports equipment are not reimbursable.
Exhibit B
Schedule 1
2 2. Ground Transportation
A. Private Automobile
Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations.
Employees who have been designated a home office should calculate miles from their home.
B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined.
C. Public Transportation
Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.
D. Parking & Tolls
When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented.
3. Lodging
Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates. “No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy.
Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.
Exhibit B
Schedule 1
3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.
4. Meals and Incidental Expenses
Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration.
Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem. Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required.
A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below.
Departure Day
Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon
Return Day
Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows:
Breakfast 15%
Lunch 25%
Dinner 60%
B. Same Day Travel
Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.*
*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.
Exhibit B
Schedule 1
4 5. Internet Access – Hotels and Airports
Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable.
6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed.
When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable.
The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.
Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section.
Exhibit C
1 Exhibit C
SERVICE LEVEL AGREEMENT
I. Agreement Overview
This SLA operates in conjunction with, and does not supersede or replace any part of, the Agreement. It outlines the information technology service levels that we will provide to you to ensure the availability of the application services that you have requested us to provide. All other support services are documented in the Support Call Process. This SLA does not apply to any Third Party SaaS Services. All other support services are documented in the Support Call Process.
II. Definitions. Except as defined below, all defined terms have the meaning set forth in the Agreement.
Actual Attainment: The percentage of time the Tyler Software is available during a calendar month, calculated as follows: (Service Availability – Downtime) ÷ Service Availability.
Client Error Incident: Any service unavailability resulting from your applications, content or equipment, or the acts or omissions of any of your service users or third-party providers over whom we exercise no control.
Downtime: Those minutes during Service Availability, as defined below, when all users cannot launch, login, search or save primary data in the Tyler Software. Downtime does not include those instances in which only a Defect is present.
Emergency Maintenance Window: (1) maintenance that is required to patch a critical security vulnerability; (2) maintenance that is required to prevent an imminent outage of Service Availability; or (3) maintenance that is mutually agreed upon in writing by Tyler and the Client.
Planned Downtime: Downtime that occurs during a Standard or Emergency Maintenance window.
Service Availability: The total number of minutes in a calendar month that the Tyler Software is capable of receiving, processing, and responding to requests, excluding Planned Downtime, Client Error Incidents, denial of service attacks and Force Majeure. Service Availability only applies to Tyler Software being used in the live production environment.
Standard Maintenance: Routine maintenance to the Tyler Software and infrastructure. Standard Maintenance is limited to five (5) hours per week. III. Service Availability a. Your Responsibilities
Whenever you experience Downtime, you must make a support call according to the procedures outlined in the Support Call Process. You will receive a support case number.
Exhibit C
2 b. Our Responsibilities
When our support team receives a call from you that Downtime has occurred or is occurring, we will work with you to identify the cause of the Downtime (including whether it may be the result of Planned Downtime, a Client Error Incident, denial of service attack or Force Majeure). We will also work with you to resume normal operations.
c. Client Relief
Our targeted Attainment Goal is 100%. You may be entitled to credits as indicated in the Client Relief Schedule found below. Your relief credit is calculated as a percentage of the SaaS Fees paid for the calendar month.
In order to receive relief credits, you must submit a request through one of the channels listed in our Support Call Process within fifteen days (15) of the end of the applicable month. We will respond to your relief request within thirty (30) day(s) of receipt.
The total credits confirmed by us will be applied to the SaaS Fee for the next billing cycle. Issuing of such credit does not relieve us of our obligations under the Agreement to correct the problem which created the service interruption.
Credits are only payable when Actual Attainment results in eligibility for credits in consecutive months and only for such consecutive months.
Client Relief Schedule
Actual Attainment Client Relief
99.99% - 98.00% Remedial action will be taken
97.99% - 95.00% 4%
Below 95.00% 5%
IV. Maintenance Notifications
We perform Standard Maintenance during limited windows that are historically known to be reliably low-traffic times. If and when maintenance is predicted to occur during periods of higher traffic, we will provide advance notice of those windows and will coordinate to the greatest extent possible with you.
Not all maintenance activities will cause application unavailability. However, if Tyler anticipates that activities during a Standard or Emergency Maintenance window may make the Tyler Software unavailable, we will provide advance notice, as reasonably practicable, that the Tyler Software will be unavailable during the maintenance window.
Exhibit C
Schedule 1
1 Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support for authorized users*:
(1) On-line submission (portal) – for less urgent and functionality-based questions, users may create support incidents through the Tyler Customer Portal available at the Tyler Technologies website.
A built-in Answer Panel provides users with resolutions to most “how-to” and configurationbased questions through a simplified search interface with machine learning, potentially eliminating the need to submit the support case.
(2) Email – for less urgent situations, users may submit emails directly to the software support group.
(3) Telephone – for urgent or complex questions, users receive toll-free, telephone software support.
* Channel availability may be limited for certain applications.
Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools, documentation, and other information including support contact information.
(2) Tyler Search -a knowledge based search engine that lets you search multiple sources simultaneously to find the answers you need, 24x7.
(3) Tyler Community –provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation. (4) Tyler University – online training courses on Tyler products.
Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Tyler’s holiday schedule is outlined below. There will be no support coverage on these days.
New Year’s Day Labor Day
Martin Luther King, Jr. Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
For support teams that provide after-hours service, we will provide you with procedures for contacting support staff after normal business hours for reporting Priority Level 1 Defects only. Upon receipt of
Exhibit C
Schedule 1
2 such a Defect notification, we will use commercially reasonable efforts to meet the resolution targets set forth below.
We will also make commercially reasonable efforts to be available for one pre-scheduled Saturday of each month to assist your IT staff with applying patches and release upgrades, as well as consulting with them on server maintenance and configuration of the Tyler Software environment.
Incident Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique case number. This system tracks the history of each incident. The case number is used to track and reference open issues when clients contact support. Clients may track incidents, using the case number, through Tyler’s Customer Portal or by calling software support directly.
Incident Priority
Each incident is assigned a priority level, which corresponds to the Client’s needs. Tyler and the Client will reasonably set the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the Client towards clearly understanding and communicating the importance of the issue and to describe generally expected response and resolution targets in the production environment only.
References to a “confirmed support incident” mean that Tyler and the Client have successfully validated the reported Defect/support incident.
Priority
Level
Characteristics of Support Incident Resolution Targets* 1 Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of
multiple essential system functions.
Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within one (1) business
day. For non-hosted customers, Tyler’s responsibility
for lost or corrupted data is limited to assisting the
Client in restoring its last available database.
2 High
Support incident that causes (a)
repeated, consistent failure of
essential functionality affecting more
than one user or (b) loss or corruption
of data.
Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents or provide a
circumvention procedure within ten (10) business
days. For non-hosted customers, Tyler’s responsibility
for loss or corrupted data is limited to assisting the
Client in restoring its last available database.
Exhibit C
Schedule 1
3 3
Medium
Priority Level 1 incident with an
existing circumvention procedure, or
a Priority Level 2 incident that affects
only one user or for which there is an
existing circumvention procedure.
Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents without the need for a
circumvention procedure with the next published
maintenance update or service pack, which shall occur
at least quarterly. For non-hosted customers, Tyler’s
responsibility for lost or corrupted data is limited to assisting the Client in restoring its last available
database.
4 Noncritical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.
Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days of receipt of
the incident. Once the incident has been confirmed,
Tyler shall use commercially reasonable efforts to
resolve such support incidents, as well as cosmetic
issues, with a future version release. *Response and Resolution Targets may differ by product or business need Incident Escalation
If Tyler is unable to resolve any priority level 1 or 2 defect as listed above or the priority of an issue has elevated since initiation, you may escalate the incident to the appropriate resource, as outlined by each product support team. The corresponding resource will meet with you and any Tyler staff to establish a mutually agreeable plan for addressing the defect.
Remote Support Tool
Some support calls may require further analysis of the Client’s database, processes or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Tyler’s support team must have the ability to quickly connect to the Client’s system and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request.
Exhibit D
1 Exhibit D
Third Party Terms
Koa Hills Terms. Your use of Koa Hills SaaS is governed by terms available here:
https://www.tylertech.com/Portals/0/Terms/Koa-Hills-Software-as-a-Service-Agreement.pdf. By signing a Tyler Agreement or Order Form containing Koa Hills SaaS, or accessing, installing, or using Koa Hills SaaS, you agree that you have read, understood, and agree to such terms.
Cornerstone OnDemand Terms. Your use of Cornerstone OnDemand software and services is subject to terms found here: https://s3.us-east1.amazonaws.com/sumtotalsystems.com/prod/images/cornerstone-terms-of-use.pdf. By signing a Tyler Agreement or Order Form including Cornerstone software or services, or accessing, installing, or using Cornerstone software or services, you agree that you have read, understood, and agree to such terms. In addition, implementation of Cornerstone software and services requires inclusion of a Cornerstone Statement of Work.
DocOrigin Terms. Your use of Tyler Forms software and forms is subject to the DocOrigin End User License Agreement available for download here: https://eclipsecorp.us/eula/. By signing a Tyler Agreement or Order Form including Tyler forms software or forms, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms.
Emphasys Terms. Your use of SymPro software and services is governed by terms available here: https://tylertech.com/portals/0/terms/Emphasys-Software-Agreement/Emphasys-SoftwareAgreement.pdf. By signing a Tyler Agreement or Order Form containing such software or services, or accessing, installing, or using SymPro software or services, you agree that you have read, understood, and agree to such terms.
Fire Prevention Mobile Terms. Your use of Tyler’s Fire Prevention Mobile solutions is subject to the terms found here: https://www.tylertech.com/terms/fire-prevention-mobile-third-party-terms. By signing a Tyler Agreement or Order Form, or accessing, installing, or using the Fire Prevention Mobile solution, you agree that you have read, understood, and agree to such terms.
Pattern Stream Terms. Your use of Pattern Stream software and services is subject to the terms found here: https://www.tylertech.com/terms/finite-matters-ltd-consolidated-terms. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Pattern Stream software or services, you agree that you have read, understood, and agree to such terms.
Polco Terms. Your use of Polco software and services is subject to the terms found here:
https://www.tylertech.com/client-terms/polco-end-user-license-agreement. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Polco software or services, you agree that you have read, understood, and agree to such terms.
Exhibit D
2 Quatred Terms. Your use of Quatred solutions is subject to the End User License Agreement terms found here: https://www.quatred.com/eula. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Quatred solutions provided to you by Tyler, you agree that you have read, understood, and agree to such terms.
ThinPrint Terms. Your use of Tyler Forms software and forms is subject to the End User License Agreement terms for ThinPrint Engine, ThinPrint License Server, and Connected Gateway found here: https://www.thinprint.com/en/legal-notes/eula/. By signing a Tyler Agreement or Order Form, or accessing, installing, or using Tyler Forms software or forms, you agree that you have read, understood, and agree to such terms.
Twilio Acceptable Use Policy. Your use of the Tyler solutions listed below includes functionality provided by a Third Party Developer, Twilio. Your rights, and the rights of any of your end users, to use said functionality are subject to the terms of the Twilio Acceptable Use Policy, available at http://www.twilio.com/legal/aup. By signing a Tyler Agreement or Order Form, or accessing, installing, or using any such Tyler solution, you certify that you have reviewed, understand and agree to said terms. Tyler hereby disclaims any and all liability related to your or your end user’s failure to abide by the terms of the Twilio Acceptable Use Policy. Any liability for failure to abide by said terms shall rest solely with the person or entity whose conduct violated said terms.
Electronic Warrants
Online Dispute Resolution
Enterprise Justice Notifications Add On (text notifications) Absence & Substitute
Notify
Enterprise Jury Manager
Enterprise Supervision
Virtual Court
City of La Palma, CA ERP Pro SaaS Agreement
PE 011625
Final Audit Report 2025-01-17
Created: 2025-01-17
By: Julie Mesker ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAYl5vj2zz4eovKC9oNt8EuUzYcnf55irG "City of La Palma, CA ERP Pro SaaS Agreement PE 011625" Hi story
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2025-01-17 - 8:46:43 PM GMT
Agenda Item No. 10 February 4, 2025 | 1
City of La Palma
Agenda Item No. 10
MEETING DATE: February 4, 2025
TO: City Council
FROM: City Manager
SUBMITTED BY: Ryan Hallett, Assistant City Manager
AGENDA TITLE: Department Restructuring and Overhire Authorizations RECOMMENDED ACTION:
It is recommended that the City Council:
1. Adopt a Resolution updating the Salary Schedule and a Comprehensive Listing of Personnel Practices and Benefits for Management Employees to include a Public Works Manager and City Clerk/Executive Assistant positions, establish a new salary schedule for the City Clerk/Executive Assistant position, and rescind Resolution No. 2024-23;
2. Adopt a Resolution approving a Side Letter with the La Palma Professional Employees Association amending the Memorandum of Understanding (MOU) to add a Deputy City Clerk position at the proposed salary range, reclassify the City Clerk/Executive position to the Management Employees group, and retitle the Utilities/Maintenance Supervisor to Water Supervisor; and
3. Authorize the overhire of the Public Works Manager and City Clerk/Executive Assistant (or Deputy City Clerk/Executive Assistant) positions for a limited transition period to ensure continuity of operations.
BACKGROUND
The City’s former Public Works & Community Services Director recently departed, leaving a vacancy in this key leadership role. This departure presents an opportunity to restructure the oversight of Public Works and Community Services functions to better align with operational needs and enhance efficiency. Additionally, the City Clerk has announced plans to retire in July 2025, making it necessary to plan for a smooth transition in this critical position.
SUMMARY
Public Works and Community Services Restructuring
Following an evaluation of department functions and best practices, staff recommends dividing the Public Works & Community Services Department into two separate functions:
Agenda Item No. 10 February 4, 2025 | 2
Public Works – The creation of a new Public Works Manager position will oversee all Public Works operations, including administration, engineering, parks and medians, streets, maintenance, water, and sewer divisions as well as the City’s Capital Improvement Plan (CIP). This position will provide direct leadership and management for these critical infrastructure services, ensuring compliance with regulatory requirements and operational efficiency. The Public Works Manager will be part of the City's Management Employees group, reflecting the role's leadership responsibilities. To support this restructuring, staff recommends establishing a Public Works Manager position at the following salary range:
As part of the Public Works restructuring, staff recommends retitling the current "Utilities/Maintenance Supervisor" to "Water Supervisor" to better reflect the primary responsibilities of the position and align it with industry standards. The revised title more accurately represents the role’s focus on overseeing the City’s water operations, including water distribution and treatment, regulatory compliance, system maintenance, and infrastructure improvements. This change will help clarify job functions, ensuring consistency with similar positions in other agencies and facilitating recruitment and retention efforts.
Community Services – The Community Services function will be integrated into the City Manager’s Office, reporting directly to the Assistant City Manager to provide stronger coordination with citywide initiatives and policy direction. This move allows for streamlined oversight of recreation, special events, and community engagement programs.
City Clerk/Executive Assistant Transition
The City Clerk/Executive Assistant announced her intention to retire in July 2025. This position is responsible for planning, organizing, and managing the functions of the City Clerk's division. This role serves as Clerk to the City Council, preparing and maintaining official records of Council proceedings and actions. It oversees the City Council agenda preparation process, ensuring compliance with Brown Act requirements, administers municipal elections, and serves as the filing officer for regulatory filings required under the Political Reform Act. The position also facilitates public access to information, responds to Public Records Act requests, and performs a variety of tasks in support of the City Council, City Manager, and management staff.
To provide the City with the most flexibility in recruiting for a new City Clerk/Executive Assistant, staff recommends the creation of a Deputy City Clerk position at the current City Clerk/Executive Assistant salary range:
This would provide the ability to underfill the City Clerk position if market conditions dictate while ensuring a pipeline for future leadership in the Clerk’s Office. If an experienced City Clerk candidate is identified, the position would be filled at the full City Clerk level. Otherwise, the Deputy City Clerk
Agenda Item No. 10 February 4, 2025 | 3
position will be utilized, with a future promotional pathway as experience is gained. This position would be a member of the La Palma Professional Employees Association (LPPEA).
To prepare for the upcoming departure and to attract a highly qualified replacement, staff conducted a salary survey. The results indicated that the current salary for the City Clerk/Executive Assistant position is significantly below the median for comparable positions in similar jurisdictions. This disparity hinders the City's ability to remain competitive in the job market, making it challenging to recruit top talent for this critical role. Addressing this gap is essential to ensuring the City can secure a candidate with the necessary skills and experience to manage the complex responsibilities associated with the position. A competitive salary is crucial for attracting individuals who meet the City’s high standards for service and operational excellence. Therefore, staff recommends adjusting the salary range for the City Clerk/Executive Assistant to the following:
This adjustment would bring the City Clerk/Executive Assistant position approximately 13% below median. Additionally, staff recommends transitioning the City Clerk/Executive Assistant position from the La Palma Professional Employees Association (LPPEA) group to the Management Employees group to better reflect the leadership responsibilities of the role and align it with other managementlevel positions.
Overhire Authorization
To ensure a smooth transition and continuity of operations, staff recommends authorizing the overhire of both the Public Works Manager and Deputy City Clerk (or City Clerk) positions for a limited period.
For the Public Works Manager, this overlap will provide necessary time for knowledge transfer, allowing the incoming manager to gain familiarity with critical infrastructure operations, regulatory compliance, and ongoing projects before assuming full leadership responsibilities.
Similarly, for the City Clerk position, an overhire is essential given the time-sensitive nature of the role and responsibilities. The current City Clerk’s upcoming retirement necessitates a thorough training period to ensure the next City Clerk (or Deputy City Clerk) is fully prepared to handle these responsibilities without operational disruption.
This approach ensures both positions are staffed with individuals who are well-equipped to maintain service levels and uphold the City’s operational integrity.
FISCAL IMPACT
Once the City Clerk position is filled and the selected candidate progresses to the top step, the salary will reflect a $47,029 increase over that of the Deputy City Clerk. However, for Fiscal Year 24/25, the anticipated increase will likely remain under $5,000. That said, many variables remain unknown, including the timing of the hire and potential future adjustments. The compensation for the Public Works Manager is currently below that of the vacant Public Works & Community Development Director position, with a maximum salary of $165,000, plus benefits. However, several factors are unknown at this time, such as the timing of the hire and potential future adjustments.
Agenda Item No. 10 February 4, 2025 | 4
ATTACHMENTS:
1. Resolution amending the Salary Schedule & Comprehensive Listing of Personnel Practices and Benefits for Management Employees
2. Resolution amending the Memorandum of Understanding with the La Palma Professional Employees Association
Resolution No. 2025-XX
RESOLUTION NO. 2025-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA PALMA ADOPTING A SALARY SCHEDULE AND A
COMPREHENSIVE LISTING OF PERSONNEL PRACTICES
AND BENEFITS FOR MANAGEMENT EMPLOYEES AND
RESCINDING RESOLUTION NO. 2024-23
WHEREAS, on June 4, 2024, the City Council previously adopted Resolution 2024-23, which established salaries and benefits for management employees; and WHEREAS, the City would now like to make changes to the Salary Schedule and Comprehensive Listing of Personnel Practices and Benefits for Management Employees; and
WHEREAS, changes include adding the position of Public Works Manager, reclassifying the City Clerk/Executive position, a member of the La Palma Professional Employees Association (LPPEA), to a member of the Management Employees group, and modifying the City Clerk/Executive Assistant salary; and WHEREAS, the City of La Palma and LPPEA have met and conferred in good faith and have come to agreement that the City Clerk/Executive Assistant should be reassigned from LPPEA to the Management Employees group; and WHEREAS, a comprehensive list of management salary rates, personnel practices, and benefits has been compiled and attached to this Resolution as Exhibit “1”; and,
WHEREAS, this list has been updated and supersedes all previously adopted salaries, benefits, and procedures.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of La Palma hereby adopts this Resolution, including Exhibit “1”, and rescinds Resolution No. 2024-23.
APPROVED AND ADOPTED by the City Council of the City of La Palma at a regular meeting held on the 3rd day of February 2025.
____________________________________
Mark Waldman
Mayor
ATTEST:
_____________________________________
Kimberly Kenney, CMC
City Clerk
Resolution No. 2025-XX
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF LA PALMA )
I, KIMBERLY KENNEY, City Clerk of the City of La Palma, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of said City at a regular meeting of said City Council held on the 3rd day of February 2025, and that it was so adopted by called vote as follows:
AYES:
NOES:
_________________________________
Kimberly Kenney, CMC
City Clerk
EXHIBIT 1
ARTICLE I
TERM OF RESOLUTION
This resolution is a composite of all agreements and all previously adopted resolutions, which affect the salaries and benefits of Management Employees.
ARTICLE II
COVERED PERSONNEL
Employees identified as Management Employees are as follows:
City Manager
Assistant City Manager
City Clerk/Executive Assistant
Community Development Manager
Deputy City Manager
Police Captain (2)
Police Chief
Public Works Manager
Public Works & Community Services Director
The benefits described in this document are for all identified management employees, unless otherwise specified or covered by other resolutions. The City Manager’s salary and benefits shall be set via a separate Employment Agreement that may or may not include or exclude any of the benefits in this Resolution.
ARTICLE III
COMPENSATION
SECTION 1. COMPENSATION - REGULAR FULL-TIME CATEGORY
A. Compensation shall be determined from salary schedules consisting of wage ranges, each of which includes seven steps, or rates of pay; each horizontal step being approximately five percent greater than the previous step.
B. Initial Employment. The rate of compensation for initial employment in any class shall be at Step "A," provided that the City Manager, in their sole discretion, may approve compensation at a higher step if they find that the person employed is reasonably entitled, by reason of experience or ability, to a rate in any one of the steps above the minimum or that it is difficult to obtain qualified applicants at the minimum rate.
C. Merit Advancement Within a Range.
1. The primary reason for advancement within a range shall be meritorious performance in an employee's assigned duties. Meritorious performance shall be measured by the receipt of a rating of standard or above on the performance evaluation.
2. Merit increases shall be based on meritorious service, and, if granted, shall be effective on the first day of the pay period in which the anniversary falls.
The City Manager may suspend merit increases in times of economic uncertainty or hardship.
3. An employee may be advanced within his or her respective compensation ranges in accordance with the following schedule:
Advancement to the next step at the completion of employee’s initial six months of satisfactory service in the classification, if the employee is hired at Step A, as determined by the City Manager or Department Head, as applicable.
Advancement to the next step at the completion of employee’s initial twelve months of satisfactory service in the classification, if the employee is hired at Step A, as determined by the City Manager or Department Head, as applicable.
Advancement to the next step annually thereafter at the completion of one year of satisfactory service in the prior step, or if the employee is hired at Step B or above, as determined by the City Manager or Department Head, as applicable.
4. Satisfactory service shall be defined as having received an Overall Performance Rating of Satisfactory or above in the employee’s annual performance
review, as determined by the City Manager or Department Head, as applicable.
5. All proposed advancements shall be recommended by the Department Head and approved by the City Manager before becoming effective.
6. When an employee demonstrates exceptional ability and proficiency, such employee may be advanced to the next higher step within the employee’s salary range with the approval of the City Manager, in his or her sole discretion, following recommendation by the Department Head, without regard to the minimum length of service provisions contained in this section. Advancements under this section shall change the employee’s merit increase eligibility date to the anniversary of the last step increase.
D. Revision in Classification and Compensation Plan. The City reserves the right, in its sole discretion, to establish new classes of employment or to combine or abolish existing classes.
SECTION 2. OVERTIME Management employees do not receive overtime.
SECTION 3. SPECIAL COMPENSATION
A. Court Subpoena. An employee who is served with a subpoena to appear as a witness during regular work hours in a deposition or proceeding in a court action to which they are not a party shall receive their normal compensation for the time actually spent while personally testifying or traveling to place of testimony, less any amount employee receives or is entitled to as witness fees or mileage reimbursement. The employee shall be responsible for demanding payment for all fees or reimbursables to which they are entitled.
B. Jury Duty. Any employees summoned for jury duty in a court action shall receive their normal compensation for the actual time served up to 80 hours, as required as an actual or prospective juror. Employees shall not receive compensation for actual time served as an actual or prospective juror for regular days off (e.g. Fridays). Employees will be allowed to keep the stipend provided by the County.
C. Car Vehicle Usage.
1. The Police Chief may use their assigned City vehicle within a 500- mile radius of the City of La Palma.
2. The Police Captains may use their assigned vehicles within a 150 mile radius of the City of La Palma.
City vehicles are not to be used for out-of-area (e.g. weekend trips or vacations)
personal trips regardless if the trip is within the allowed radius.
D. Uniform Allowance. The Police Chief and Police Captains shall receive a uniform allowance of $34.75 per two week pay period for the maintenance of uniforms and equipment.
E. Equipment Reimbursement. The Police Chief and Police Captains shall receive equipment reimbursements equal to actual cost of repair, or when necessary, replacement of authorized law enforcement uniforms or equipment that are owned by the employee and that are damaged in the course and scope of their employment. Items which have worn out due to normal wear and tear shall not be reimbursable. Authorized items may change from time to time and shall be determined by the Police Chief, with approval of the City Manager.
Replacement shall be at the discretion of the Police Chief and on approval of the City Manager.
F. Assignment Pay. The City Manager is authorized to increase base salary up to 5% for employees who take on additional assignments.
G. Bilingual Pay. Employees passing the City’s bilingual testing process shall receive an additional $150 per month for speaking the language of Korean, Mandarin Chinese, Spanish, Vietnamese, or other language(s) deemed required or necessary by the City Manager. Biennial recertification by the Human Resources Division is required.
SECTION 4. PAY PERIODS All employees shall be paid bi-weekly.
SECTION 5. SALARY SCHEDULE
A. Attachment A shall become effective the pay period that includes July 1, 2022, and consists of a base salary increase of 5.0% for all represented classifications.
B. Attachment B shall become effective the pay period that includes July 1, 2023, and consists of a base salary increase of 4.0% for all represented classifications.
C. Attachment C shall become effective the pay period that includes July 1, 2024, and consists of a base salary increase of 5.0% for all represented classifications.
ARTICLE IV
CONDITIONS OF EMPLOYMENT
SECTION 1. EQUAL OPPORTUNITY. The City of La Palma is an equal opportunity employer and prohibits discrimination in employment because of an individual’s Protected Class. Protected Class includes race, age, religion, color, national origin, ancestry, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender (including gender identity and gender expression), sexual orientation, citizenship status, disability, medical condition, genetic characteristics or information, marital status, and military or veteran status.
SECTION 2. RESIDENCY. Residency in the City of La Palma is not required as a condition of employment.
SECTION 3. PHYSICAL EXAMINATION. The City reserves the right to designate a doctor, or doctors, for all required examinations, and the cost of any required examinations will be borne by the City.
SECTION 4. PROBATION PERIOD. Employees in the classification of Police Captain shall be on probation for a period of 18 months. Probationary employees may be terminated from employment with or without cause by the City Manager, in his or her sole discretion, and in accordance with State and Federal laws. All other management employees are “at will” employees who serve at the discretion of the City Manager.
SECTION 5. OTHER EMPLOYMENT. No management employee shall engage in any other employment, which is inconsistent or incompatible with City employment. Other employment must be approved in advance by the City Manager.
ARTICLE V
HOLIDAYS
SECTION 1. DESIGNATED HOLIDAYS. Designated holidays shall be New Year's Day, President's Day, Martin Luther King, Jr. Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Eve Day, and Christmas. When a designated holiday falls on a regularly scheduled Friday off, the day of absence shall be the preceding Thursday except in the specific cases listed in Section 1 (E). When a designated holiday falls on Saturday, the day of absence shall be the preceding Friday except in the specific cases listed in Section 1(E). When a designated holiday falls on Sunday, the day of absence shall be the following Monday.
A. All full-time employees shall be granted 36 hours of absence, termed "floating holiday," in addition to designated holidays. The "floating holidays" shall be used to facilitate a City Hall, City Yard, Police Department Administrative Staff, and Recreation and Community Services Holiday closure between the Christmas Holiday and the New Year’s Holiday, up to a maximum of 36 hours. Any remaining "floating holiday" time shall be taken between January 1 and June 30 of the fiscal year at a time selected by the employee with the concurrence of the City Manager. If the holiday closure exceeds 36 hours, employees will be required to utilize Vacation Pay to supplement the difference. For new employees, floating holiday hours shall be pro-rated over the fiscal year based on the employee’s employment date and the employee will be required to utilize Vacation Pay to supplement the difference of hours taken for the floating holiday in excess of the employee’s floating holiday balance.
B. If any designated holiday is within an employee's scheduled vacation period, that particular day of absence will be charged to "holiday" rather than "vacation." C. No absence under the holiday provisions in this article shall be charged to or paid from sick leave accumulated benefits.
D. Holiday Pay. Management employees shall be paid on the basis of the number of hours normally scheduled on the day on which the holiday falls, up to a maximum of 9 hours.
If the employee would have worked in excess of 9 hours, the employee will be required to utilize Vacation Pay to supplement the difference.
E. When Christmas falls on a Friday, nine hours of floating holiday will be given in lieu of the Christmas Eve holiday as the Christmas holiday leave will be taken on Christmas Eve. When Christmas Eve falls on a Saturday, nine hours of floating holiday will be given in lieu of the Christmas Eve holiday to be used to offset the Holiday closure between Christmas and New Year’s.
ARTICLE VI
VACATIONS
SECTION 1. VACATIONS. In accordance with the following rules, and subject to the limitations, deductions and loss thereof as provided in the Article, each employee shall be allowed and credited with the right to take vacation absences with pay, hereinafter referred to as vacation, in addition to allowed holidays and sick leave absences.
A. Schedule for Tier One Managers (Hired prior to July 1, 2011). Vacation credit shall be computed on the basis of 4.62 hours per pay period for continuous full-time employment beginning with the first day of their employment. Continuous full-time employment shall be time for which the employee is paid, except for the first 30 days of leave without pay.
1. Vacation. Credit shall be computed on the basis of 4.62 hours per pay period (120.12 hours per year) for each year of continuous full-time employment, beginning with the 13th month to the completion of 120 months of continuous employment.
2. Vacation. Credit shall be computed on the basis of 6.16 hours per pay period (160.16 hours per year) for each year of continuous full-time employment, beginning with the 121st month to the completion of 180 months of continuous employment.
3. Vacation. Credit shall be computed on the basis of 7.08 hours per pay period (184.08 hours per year) for each year of continuous full-time employment, beginning with the 181st month to the completion of 240 months of continuous employment.
4. Vacation. Credit shall be computed on the basis of 7.70 hours per pay period (200.2 hours per year) for each year of continuous full-time employment, beginning with the 241st month of continuous employment.
B. Schedule for Tier Two Managers (Hired as new City of La Palma Employees on or after July 1, 2011). Vacation credit shall be computed on the basis of 3.08 hours per pay period for continuous full-time employment beginning with the first day of their employment. Continuous full-time employment shall be time for which the employee is paid, except for the first 30 days of leave without pay.
1. Vacation. Credit shall be computed on the basis 3.08 hours per pay period (80.08 hours per year) for each year of continuous full-time employment, beginning with the 13th month to the completion of 60 months of continuous employment.
2. Vacation. Credit shall be computed on the basis of 4.62 hours per pay period (120.12 hours per year) for each year of continuous full-time employment, beginning with the 61st month to the completion of 120 months of continuous employment.
3. Vacation. Credit shall be computed on the basis 6.16 hours per pay period (160.16 hours per year) for each year of continuous full-time employment, beginning with the 121
st month to the completion of 240 months of continuous
employment.
4. Vacation. Credit shall be computed on the basis 7.08 hours per pay period (184.08 hours per year) for each year of continuous full-time employment, beginning with the 241st month of continuous employment.
C. Different Accruals. At the discretion of the City Manager, a management employee may accrue vacation at a different rate than illustrated above, regardless of the number of years of continuous, full time employment. Such discretion will apply only to new employees and will be based on the number of years of service in other public agencies.
1. Those managers hired with a higher accrual rate than regularly given a new employee, shall begin accrual in the tier that is consistent with the schedule outlined above.
D. Taking. All or any part of accrued vacation hours credited may be taken only as herein provided. Accrued vacation hours taken shall be counted as full-time employment.
E. First Vacation. An employee's first vacation may not be taken before the accumulated vacation hours credited to the employee are equal to or greater than the vacation credit for 6 months of work, unless approved by the City Manager, in his or her sole discretion.
F. City Manager Approval. An employee shall not be entitled to take vacation unless the date(s) of the vacation are approved in advance by the City Manager. The taking of an employee's vacation shall be scheduled for such time as will achieve the most efficient functioning of the department and so as to avoid any loss of allowable vacation absences by reason of the limitation on the accrual; provided, however, that the City Manager will endeavor, subject to the foregoing limitations, to schedule an employee's vacation at or near the date(s) requested by the employee.
1. Except as otherwise provided herein, vacation may not be used in lieu of sick leave and generally must be scheduled in advance of the absence; however, if the City Manager determines that an emergency or other unusual occurrence exists for which sick leave cannot be used and the employee has no other appropriate leave available, the City Manager has the discretion to allow vacation hours to be used when an employee calls in an absence on the actual day of the absence.
G. Maximum Accumulation. Allowed vacation credits shall be cumulative. Vacations taken shall be deducted from the first vacation credits accumulated. The maximum accumulation of vacation credits that may be held is 320 hours. Whenever the maximum vacation accumulation is reached, and so long as it continues, the first monthly vacation credit included in such accumulation shall become null and void, and be deemed forfeited by
the employee, each time a new monthly vacation credit is added to the accumulation of vacation credits.
H. Vacation Cash-out Option. Upon the prior approval of the City Manager, each management employee shall have the option of “cashing out” up to one hundred (100) hours of vacation within a fiscal year. This option may be exercised up to two times in each fiscal year, up to a cumulative maximum of one hundred (100) hours. However, the employee must retain a bank of at least 20 hours of vacation leave following the cashout. Cashout requests shall be processed and included on the next available regular paycheck following an approved request to cashout the leave.
I. Termination of Employment. Except as otherwise herein provided, a management employee whose employment is terminated by death, resignation, layoff, or otherwise shall then be paid for the balance of the accumulated vacation credits, at the employee's salary rate in effect at such termination.
ARTICLE VII
SICK LEAVE
SECTION 1. ACCRUAL OF SICK LEAVE. Sick leave with pay shall be allowed and computed on the basis of 3.70 hours per pay period in accordance with the following rules, to each full-time management employee. The maximum accrual of unused sick leave for an employee shall be 760 hours.
SECTION 2. SICK LEAVE CHARGE RATE. Sick leave shall be charged at the rate of one (1) hour for each hour a management employee is absent with pay on sick leave. Increments shall be no less than fifteen (15) minutes.
SECTION 3. SICK LEAVE USAGE. An employee eligible for sick leave pay shall be granted such leave for the following reasons:
A. Personal illness or physical incapacity.
B. Forced quarantine of the employee in accordance with community health regulations.
C. Serious illness of a member of the employee's immediate family residing in the same household which requires the presence of the employee for a period not to exceed five working days. Immediate family shall be defined as child, spouse, domestic partner, parent of an employee, anyone for whom the employee has legal guardianship, or anyone for whom the employee has been designated as the primary caregiver.
D. Medical or dental appointments.
E. Pursuant to the requirements of Labor Code Section 733, at the employee’s option, vacation may be substituted for sick leave when one of the above conditions exists and when the employee has used all accumulated sick leave.
SECTION 4. PERSONAL NECESSITY LEAVE. Each management employee shall be afforded the opportunity to use up to eighteen hours of sick leave benefits per fiscal year (on a noncumulative basis) for personal necessity leave, for personal unplanned events, which may need immediate attention. Personal necessities shall include, but not be limited to, family emergencies, or imminent danger to the employee's home or other valuable property.
SECTION 5. SICK LEAVE CASH-OUT OPTION. Each management employee shall have the option of "cashing out" up to fifty (50) hours of sick leave, once per fiscal year. However, a minimum balance of eighty (80) hours shall be maintained in their accrued sick leave account. This option can be exercised at any time during the term of the Agreement. Employees having in excess
of 700 hours on June 1 of each year, may cash out an additional 12 hours of sick leave. Cashout requests shall be processed and included on the next available regular paycheck following an approved request to cashout the leave.
SECTION 6. JOB INCURRED ILLNESS OR INJURY.
A. Non-public safety management employees: An employee, absent as a result of a jobincurred illness or a job-incurred injury, shall receive, as temporary disability compensation, the full amount of regular straight time salary or wages which would have been earned from the commencement of said disability and until a doctor's notice is received that the employee is released to return to regular work, or is classified as permanent and stationary. This compensation shall not exceed sixty (60) calendar days, and shall be paid only one time for a particular illness or injury. If the disability for which the benefits were payable continues or recurs due to the same or related causes after returning to work, it will be considered a resumption of the prior disability and no further compensation shall be made, except that which is provided by State Worker's Compensation Laws and applicable long-term disability insurance. Employees will only be compensated for normal working hours and shall not be entitled to extra pay for hours where they may be receiving medical care during nonscheduled hours (e.g. hospital stays, medical appointments on the weekends, etc.)
The above notwithstanding, in the event of temporary disability, extending beyond the first sixty (60) calendar days, the employee shall have the option, in addition to compensation under the Worker's Compensation laws, to use paid sick leave, up to the number of hours accumulated, and, once sick leave is exhausted, may also then elect to draw on any accumulated vacation hours to receive up to the amount of the employee's bi-weekly pay.
B. Police management employees: Job-incurred illness or injury compensation (4850 pay) is paid, based on verification, as required by the California Labor Code. Employees will only be compensated for normal working hours and shall not be entitled to extra pay for hours where they may be receiving medical care during non-scheduled hours (e.g. hospital stays, medical appointments on the weekends, etc.)
SECTION 7. APPROVAL OF SICK LEAVE. Sick leave absence with pay may be taken, provided that the employee has a sufficient balance of accrued sick leave to cover the requested absence.
A. No payment for sick leave shall be made without the approval of the City Manager.
B. If a management employee's sick leave absence extends beyond three consecutive working days for reasons of personal illness or injury, or any time abuse of sick leave is suspected, a written statement may be required, certifying that the employee was incapacitated from the performance of their employment duties during the entire term of such absence. The written statement shall be signed by a licensed physician or dentist qualified to render a medical opinion on the illness or injury in question. If an employee's sick leave
absence extends beyond five consecutive working days for reasons of personal illness or injury, such written statement from a physician or dentist shall be required. Whenever a physician or dentist written statement is required by the City, the City shall reimburse the employee for any applicable office visit copays incurred.
C. Where a management employee's absence due to personal illness or injury extends for more than five consecutive working days, the City Manager, may require the employee to submit to one or more examinations, at City expense and by physicians or dentists selected by the City in its sole discretion for the purpose of determining the nature and extent of the employee's disability. The failure or refusal of an employee to submit to any such examination within five days after being requested to do so in and of itself constitutes sufficient and proper grounds for termination of the employee.
D. Upon the management employee's return to work following an absence for more than five working days due to illness or injury, an employee shall submit to the City Manager a written statement signed by a qualified physician or dentist certifying that they are physically able to resume work.
E. An employee who has used all sick leave earned and credited, may not have additional unearned sick leave credit advanced except by approval of the City Council.
SECTION 8. COMPENSATION FOR UNUSED SICK LEAVE. The unit value of an employee's unused sick leave shall be eight hours for each full month of employment. No compensation for unused sick leave accumulation will be paid if termination, for any reason, occurs prior to 60 months of continuous full-time employment.
A. The first full day of sick leave absence in any month shall not be added to or subtracted from the accumulation. Any number of hours of sick leave absence, within an eight-hour day, will be charged against the credit for that day or month. Any number of full days or hours of any one day, more than the first eight hours of paid sick leave absence in any month, shall be charged against the accumulated credit.
B. Except as provided below, a management employee upon a regular, California Public Employees’ Retirement System (CalPERS) retirement following the completion of 60 or more months of continuous employment with the City of La Palma, shall receive 100 percent (100%) payment for all accumulated sick leave credit, up to a maximum of 320 hours at the salary or wage rate in effect at such retirement.
1. Employees who have in excess of 500 hours of accumulated sick leave credit as of July 1, 2011, shall receive, at retirement, 100 percent (100%) payment for all accumulated sick leave credit, up to a maximum of the number of hours accrued as of July 1, 2011, at the salary or wage rate in effect at such retirement. For example, an employee who has an accumulated sick leave balance of 700 hours on July 1, 2011, may cash out up to 700 hours at the
time of retirement.
C. Except as provided below, if a full-time employee's employment is separated for any reason, other than provided in Section 8 (B), after 60 months of continuous employment, compensation for fifty percent (50%), computed to the nearest whole dollar, of the unused sick leave accumulated days will be paid, up to a maximum of 320 unused sick leave accumulated hours. Compensation shall be based on the hourly rate of pay at the time of termination.
1. Employees who have in excess of 500 hours of accumulated sick leave credit as of July 1, 2011, shall receive, upon separation other than retirement, 50 percent (50%) payment for all accumulated sick leave credit, up to a maximum of the number of hours accrued as of July 1, 2011, at the salary or wage rate in effect at the time of separation. For example, an employee who has an accumulated sick leave balance of 700 hours on July 1, 2011, may cash out up to 350 hours at the time of separation.
D. The individual employees that have in excess of 500 hours of accrued sick leave as of July 1, 2011, as referred to in Subsections B and C in this Section, shall be identified in a Side Letter on July 1, 2011, that identifies the exact accrued sick leave balance for each affected employee as of July 1, 2011. The Side Letter shall be placed in each affected employee’s Personnel File.
ARTICLE VIII
OTHER LEAVE PROVISIONS
SECTION I. PREGANCY, CHILDBIRTH, AND RELATED MEDICAL CONDITION A. A female employee disabled by pregnancy, childbirth, or a related medical condition may take a leave for a reasonable period of time not to exceed four months and thereafter return to work. The employee shall be entitled to utilize any accrued vacation, compensatory time, and/or sick leave during this period of time. “Reasonable period of time” means that period during which the female employee is disabled on account of pregnancy, childbirth, or a related medical condition.
An employee who plans to take a leave pursuant to this section must give the City reasonable notice of the date the leave shall commence and the estimated duration of the leave.
The City will maintain group medical coverage for employees taking pregnancy disability leave, for the entirety of the four-month leave, at the same level and under the same conditions that coverage would have been provided if the employee had not taken the leave.
An employee, with the advice of her physician, may request a temporary transfer to a less strenuous or hazardous position for the duration of her pregnancy where that transfer can be reasonably accommodated. The City is not required to create additional employment that the City would not otherwise have created, nor shall the City be required to discharge any employee, transfer any employee with more seniority, or promote any employee who is not qualified to perform the job.
Under FMLA, any period of incapacity or treatment due to pregnancy, including prenatal care, is a "serious health condition," and therefore leave taken for that purpose will be counted as part of the 12-week total entitlement under FMLA.
The right to take leave under California Family Rights Act (CFRA) is separate and distinct from the right to take pregnancy disability leave under Government Code Section 12945(a).
An employee's own disability due to pregnancy, childbirth, or related medical conditions is not included as a "serious health condition" under CFRA. Thus, at the end of an employee's four-month pregnancy disability leave under Government Code Section 12945(a), the employee may take CFRA leave of up to twelve workweeks for reason of the birth of her child, if the child has been born by that date. There is no requirement that either the employee or child have a serious health condition or that the employee continue to be disabled by her pregnancy, childbirth, or related medical condition in order to take CFRA leave for the birth of the child. CFRA also provides that the City may (but is not required to) allow an employee to use CFRA leave prior to the birth of the child if the employee has used four months of pregnancy disability leave prior to the birth and the employee's health care provider determines that a continuation of the leave is medically necessary. Doing so would not
require the City to provide more than the amount of CFRA leave to which the employee was otherwise entitled.
Under CFRA, the maximum possible combined leave entitlement for both pregnancy disability leave and CFRA leave for the birth of the child is four months and twelve workweeks. That assumes that the employee is disabled by pregnancy, childbirth, or a related medical condition for four months and then requests and is eligible for a full 12 week CFRA leave for the reason of the birth of her child.
For purposes of determining whether an employee who has taken a pregnancy disability leave (which is also a FMLA leave) and who then wants to take a CFRA leave for the birth of her child has met the CFRA employee eligibility requirements, the 12-month period during which the employee must have worked 1,250 hours is the period immediately preceding the employee's first day of FMLA leave based on her pregnancy, not the first day of the subsequent CFRA leave for reason of the birth of her child.
SECTION 2. BEREAVEMENT LEAVE. A management employee shall be granted paid Bereavement Leave of no more than 36 hours in any one instance in the event of the death of a member of the employee's immediate family, consisting of spouse, domestic partner, parents, children, step-children, grandchildren, grandparents, brother or sister, step-brother or step-sister of the employee as well as the parents or grandparents of the employee's spouse or domestic partner.
In the event the employee must travel out of state in connection with the bereavement, the leave shall be extended to 45 hours.
SECTION 3. MILITARY LEAVE. A management employee shall be entitled to a leave with pay, less any amount the employee receives or is entitled to as compensation by the Federal or State government, for required active duty in the Armed Forces Reserve, after full-time continuous employment by the City for at least 12 months, for a period not to exceed 30 calendar days. A further leave without pay shall be granted if a required encampment extends longer than 30 calendar days.
At the conclusion of the military duty, the employee shall be permitted to resume their former position in the City employment. If military leave is taken prior to 12 months of continuous fulltime employment, the leave shall be without pay. An employee eligible for paid leave may select the option of receiving full pay and turning over to the City their payment for military service, or may request the difference between the payment for military service and their regular salary.
SECTION 4. PERSONAL LEAVE. Leaves of absence without pay, each not to exceed one calendar month, may be granted by the City Manager, in his or hersole discretion. Leaves of absence without pay, each not to exceed one year, may be granted by the City Manager in his or her sole discretion. Requests for all leaves of absence without pay shall first be made to the Department Head.
SECTION 5. ABSENCE WITHOUT LEAVE. Any absence from work without leave or without
a post-absence acceptable excuse, or pursuant to a right established in this Resolution, shall, in and of itself, be sufficient grounds for termination of employment.
SECTION 6. BENEFIT PROVISIONS FOR LEAVES WITHOUT PAY. Any employee on an approved leave without pay for any reason, in excess of 30 days, shall not be entitled to paid City benefits during the time of the absence unless such payment is required by law. The employee shall have the option of continuing one or more benefits at their sole expense at the actual rate charged.
SECTION 7. ADMINISTRATIVE LEAVE. Management employees shall be entitled to administrative leave with no loss in salary for a total of up to 80 hours per fiscal year subject to the approval of the City Manager.
SECTION 8. CATASTROPHIC LEAVE. Any employee who has a serious health condition and has exhausted their available paid leaves may be eligible to receive donated leave from other employees under the City’s Catastrophic Leave Program. Any employee may donate sick leave or vacation leave to an eligible employee under the Catastrophic Leave program assuming he/she meets the qualifications to donate as defined in the program.
ARTICLE IX
TRAINING
SECTION 1. REQUIRED TRAINING. A management employee who is required by the City Manager to attend a specified off duty training course, shall, upon submission of receipts, receive reimbursement for the following: transportation cost where appropriate, cost of books, course registration and related expenses directly necessary for the successful completion of the course.
Additionally, time engaged in mandated training shall be paid time.
SECTION 2. DESIRABLE TRAINING. Desirable training is defined as off-duty instruction that will be mutually and immediately beneficial to the employee and the City. In accordance with the City’s Tuition Reimbursement Program; prior to enrolling in a class for desirable training, a management employee desiring reimbursement for their expenses shall obtain the City Manager’s approval as to course content and its relationship to the employee's employment with the City. In the event the City Manager approves such request, which approval shall be at the City Manager’s sole discretion, and upon completion of the course, with a grade of "C" or better, or equivalent grade point, the employee shall submit to the City Manager a copy of the official transcript and a receipt for the tuition fee. On approval by the City Manager, the employee shall then be reimbursed for the cost of tuition, plus up to $200 for the cost of books required for the completion of the course(s) which may then become the property of the City in accordance with the tuition reimbursement policy adopted by the City. Employees may submit costs for courses and books for reimbursement for up to a maximum annual reimbursement of $2,500. If the employee terminates their employment with the City of La Palma either voluntarily or involuntarily within one year following the date of course completion, all funds reimbursed for such course work shall be repaid to the City by the employee.
SECTION 3. TRAINING CONFERENCES AND SEMINARS. With the approval of the City Manager at their sole discretion, employees may participate in various conferences and seminars.
They will be reimbursed on a cost basis after presenting receipts for allowable expenses.
SECTION 4. TRAVEL EXPENSES.
A. Mileage Reimbursement. Approved use of private automobiles on City business will be reimbursed at the standard mileage rate as established by the IRS from time to time. When an employee is travelling from home to a meeting or event, the mileage will be reimbursed either from the employee’s home address or City Hall, whichever is less.
B. Other Costs. Reimbursement of actual and necessary expenses while on City business shall be in accordance with the guidelines established in the City's Administrative Policy Manual. Reimbursement requests must be turned in within 30 days of the end of the fiscal year for reimbursement.
ARTICLE X
GROUP INSURANCE
SECTION 1. MEDICAL PREMIUMS.
A. All management employees must enroll in one of the PERS health program plans, unless they submit to the City both: (1) proof of health coverage and (2) sign a health insurance waiver. Employees who fail to complete both requirements shall not be allowed to utilize their cafeteria plan contributions as described below for any other eligible plans.
B. Medical Plan Premiums.
1. Miscellaneous and Tier 2 Safety (Police Chief and Captains) hired on or after July 1, 2011) Management Employees. For Miscellaneous and Tier 2 Safety Management employees covered by this Agreement, the City shall pay a maximum of the medical plan premium required by the Public Employees Medical and Hospital Care Act (PEMHCA), which is as follows:
January 1, 2022: $149
January 1, 2023: $151
January 1, 2024: $155 (estimate)
The actual PEMHCA amount will be adjusted annually pursuant to the caps required by Government Code Section 22892.
2. Tier One Safety Employees. For Tier One (hired before July 1, 2011) Police Management employees covered by this Agreement, the City will contribute $416.49 toward the cost of the premiums for medical insurance under the PEMHCA for each employee, and his or her eligible dependents, and for each annuitant in PERS and his or her eligible dependents.
C. Fringe Benefit Cafeteria Plans.
1. Miscellaneous and Tier 2 Safety Management Employees. The City shall make a monthly fringe benefit contribution to each eligible Miscellaneous and Tier 2 Safety Management employee to be used toward the fringe benefit cafeteria plan. These funds shall only be used for eligible plans included with the cafeteria plan. The City's distribution of this monthly composite contribution to those full-time employees who enroll in one of the PERS health plans shall be in the following manner.
Effective July 1, 2022
Plan Fringe Benefit PEMHCA Amount Total Combined
Benefit
Employee Only $417.49 $149 $566.49
Employee + one $607.49 $149 $756.49
Employee + two or more $766.49 $149 $915.49
Effective January 1, 2023
Employee Only $415.49 $151 $566.49
Employee + one $605.49 $151 $756.49
Employee + two or more $764.49 $151 $915.49
Effective January 1, 2024
Employee Only $411.49* $155* $566.49
Employee + one $601.49* $155* $756.49
Employee + two or more $760.49* $155* $915.49
*Estimated
2. Tier One Safety Employees: For Tier One (hired before July 1, 2011) Safety Management employees covered by this Agreement, the City will make a monthly fringe benefit contribution to each eligible member of the unit to be used toward the health benefit cafeteria plan. These funds shall only be used for eligible plans included with the cafeteria plan. The fringe benefit contribution to those full-time employees who enroll in one of the PERS health plans shall be in the following manner.
Effective July 1, 2022 Fringe Benefit PEMHCA Amount Total Combined Benefit
Employee Only $150.00 $416.49 $566.49
Employee + one $340.00 $416.49 $756.49
Employee + two or more $499.00 $416.49 $915.49
D. Eligibility to enroll in the medical insurance plan provided by the City shall be within 60 days of consecutive, continuous full-time employment with the City. Coverage normally begins the first day of the month following 30 days of consecutive, continuous full-time employment with the City. Employee’s start date and return date of enrollment documents may alter the date when coverage begins. City-paid coverage is maintained during an approved family medical leave act (FMLA) or California Family Rights Act (CFRA) leave regardless of the employee’s paid status.
E. Managers hired before July 1, 2018, who selects the option of not enrolling in one of the CalPERS plans and who meets the conditions outlined in Section 1 (A) of Article X, shall receive $565 monthly cash payout. No additional increases are applicable to the cash payout
amount after July 1, 2018. The payment shall be calculated and distributed with the second paycheck each month. Managers hired on or after July 1, 2018, who select the option of not enrolling in one of the CalPERS plans, and who meets the conditions outlined in Section 1 (A) of Article X, shall forfeit any City contribution towards medical premiums.
The employee may change from single to dependent coverage at any time, but will be subject to the rules and regulations of CalPERS health programs regarding such reinstatements.
G. Management employees separating from the City, as a result of either service or disability retirement, shall be maintained as an insured member of the City group medical plan, as it from time to time exists, with the City paying 100% of the employee only premiums (within the limit described in Section 1 (B) above).
Management employees who have at least fifteen years of service and who separate from the City as a result of retirement due to medical conditions shall be maintained as an insured member of the City group medical plan, with the City paying an amount equal to 100% of the employee only premiums and fringe benefit contribution. Eligible employees will be covered by this provision up to the age of 65.
If a retiree who currently is eligible to obtain medical insurance coverage, which is generally similar or better in coverage and benefits, at no cost to the retiree, the City may terminate its obligation to provide medical insurance benefits to that retiree. It is understood that medical insurance plans differ from place to place and that individual items within the plan may vary; it is not intended by this language that the plans need to be identical in coverage.
H. Pursuant to CalPERS, the effective date of termination of health insurance coverage for a full-time employee separating from the City for reasons other than those mentioned in Article X, Section 1 (G) above, is the first of the second month following separation.
I. Except as set forth in Sections 1 (A) through 1 (G) above, the City shall not pay directly or indirectly pay for or reimburse to any affected employee, any costs or expenses related to medical care or hospitalization incurred by an affected employee or his or her dependents after the effective date of coverage under the PERS plan.
SECTION 2. DENTAL PLAN.
A. A management employee may enroll in any dental insurance plan provided by the City. Any such dental plan shall also provide orthodontic coverage.
B. The City shall pay 100% of the premium for a management employee and his or her dependents.
C. Eligibility to enroll in any group dental insurance plan provided by the City shall be following 30 days of consecutive continuous employment with the City.
D. If a management employee is enrolled in the City’s dental plan and that plan pays for crowns, the City shall pay up to 30% of the reasonable and customary amount charged for the crown upon presentation of a billing statement or statement of benefits from the dentist showing the amount charged and the amount paid by insurance, if applicable. At no time shall the reimbursement from the City exceed the employee’s “out-of-pocket” costs for the received services nor shall the combination of insurance and the City reimbursement exceed 80% of the reasonable and customary amount charged for the services. Child dependents are covered to age
25. E. The City will continue to provide employees the option of choosing between HMO and PPO plans.
SECTION 3. VISION PLAN. A management employee and his or her dependents may receive up to $300 per fiscal year for vision care expenses related to services and supplies performed or prescribed by an optometrist, ophthalmologist or dispensing optician. Such benefits may include an annual eye exam (including refraction), lenses, frames, and corrective eye surgery. For the purpose of child dependents, dependents shall be defined pursuant to the dependent definition of the City’s medical plan provider.
SECTION 4. DISABILITY INSURANCE. All management employees shall enroll in any longterm disability plan as provided by the City, with the City paying 100% of the premium.
SECTION 5. LIFE INSURANCE. The City shall provide life insurance for management employees in the amount of $100,000, $3,000 for spouse, and $2,000 per dependent.
SECTION 6. EMPLOYEE ASSISTANCE PROGRAM. The City shall pay for membership in an employee assistance program selected by the City for management employees and their dependents.
SECTION 7. ANNUAL HEALTH/WELLNESS PROGRAM REIMBURSEMENT. All management employees shall be eligible to receive reimbursement, up to $500 per fiscal year, for health and/or wellness services or programs, as approved by the City Manager.
SECTION 8. FLEXIBLE BENEFITS PLAN. The City shall offer an IRS Flexible Benefits Plan to all management employees for purposes of pre-tax payroll deductions for childcare and/or eligible medical expenses. The Plan may be changed or eliminated by the City in its sole discretion.
ARTICLE XI
RETIREMENT
The City shall provide a three tier retirement system as follows:
A. Tier One Miscellaneous Employees (Hired before July 1, 2011):
B. Tier Two Miscellaneous Employees (Hired on or after July 1, 2011, but prior to January 1, 2013, or employees with prior CalPERS service who are considered Classic Employees under PEPRA)
C. Public Employee Pension Reform Act (PEPRA) Miscellaneous Employees (hired on or after January 1, 2013)
D. Tier One Safety Employees (Hired before July 1, 2011) E. Tier Two Safety Employees (Hired on or after July 1, 2011, but prior to January 1, 2013, or employees with prior CalPERS service who are considered Classic Employees under PEPRA)
F. PEPRA Safety Employees (hired on or after January 1, 2013) SECTION 2. Benefits and Contributions for these six plans shall be as follows effective July 1, 2015:
A. All employee payments shall be reported as normal contributions and shall be credited to each member’s account.
B All computations shall be according to California Public Employees Retirement Law (PERL).
C. All of these retirement plans shall provide the CalPERS Level 4 Survivor Benefit.
Plan Benefit Computed On City Pays Employee Pays
Tier One Misc. 2.7% @ 55 Single Highest Year ER Contribution EE Contribution 8%
Tier Two Misc. 2% @ 60 Highest Average 36
consecutive months
ER Contribution EE Contribution
7%
PEPRA Misc. 2% @ 62 Highest Average 36
consecutive months
50% of Normal
Cost
50% of Normal
Cost
Tier One Safety 3% @ 50 Single Highest Year ER Contribution EE Contribution 9%
Tier Two Safety 2% @ 55 Highest Average 36
consecutive months
ER Contribution EE Contribution
7%
PEPRA Safety 2% @ 57 Highest Average 36
consecutive months
50% of Normal
Cost
50% of Normal
Cost
D. All employees in this group shall make a 1.45% Medicare employee contribution regardless of their hire date. The city matches this contribution.
ARTICLE XII
DEFERRED COMPENSATION
The City shall provide payroll deduction and deposit of amounts authorized by an employee desiring to participate in the deferred compensation plan selected for La Palma general employees under existing resolutions. Changes to withholding may be made four (4) times per calendar year (A request to change withholding for one pay period and return it to the prior withholding the next pay period is considered two requests). For managers hired before July 1, 2018, the City will contribute $115 per pay period to a deferred compensation plan on the employee’s behalf.
ARTICLE XIII
GRIEVANCE PROCEDURE
Management employees with the title of Police Captain are permitted to appeal disciplinary actions in accordance with the Police Officer Bill of Rights (POBR) and applicable La Palma Police Department policies.
ARTICLE XIV
OTHER PROVISIONS
If, at any point during the term of this Resolution, the City experiences, or it becomes known that the City will experience, a major revenue loss in the General Fund from a single or combined source (as defined below), the City may modify the Resolution in regards to, but not limited to, salary and wage schedules, benefit schedules, and staffing levels.
Circumstances which may determine such revenue losses may include, but not be limited to, new legislation, loss of a major sales tax provider(s), certain business industry fluctuations, and any other unforeseen event affecting any or several of the City’s General Fund revenue sources.
“Attachment A”
Step A Step B Step C Step D Step E Step F Step G
Annual 255,449.87
Monthly 21,287.49
Biweekly 9,825.00
Hourly 122.8124
Annual 152,227.94 159,839.34 167,831.30 176,222.87 185,034.01 194,285.71 204,000.00 Monthly 12,685.66 13,319.94 13,985.94 14,685.24 15,419.50 16,190.48 17,000.00 Biweekly 5,854.92 6,147.67 6,455.05 6,777.80 7,116.69 7,472.53 7,846.15 Hourly 73.1865 76.8458 80.6881 84.7225 88.9587 93.4066 98.0769 Annual 105,338.02 110,604.92 116,135.16 121,941.92 128,039.02 134,440.97 141,163.02 Monthly 8,778.17 9,217.08 9,677.93 10,161.83 10,669.92 11,203.41 11,763.58 Biweekly 4,051.46 4,254.04 4,466.74 4,690.07 4,924.58 5,170.81 5,429.35 Hourly 50.6433 53.1754 55.8342 58.6259 61.5572 64.6351 67.8668 Annual 103,025.71 108,177.00 113,585.85 119,265.14 125,228.40 131,489.82 138,064.31 Monthly 8,585.48 9,014.75 9,465.49 9,938.76 10,435.70 10,957.48 11,505.36 Biweekly 3,962.53 4,160.65 4,368.69 4,587.12 4,816.48 5,057.30 5,310.17 Hourly 49.5316 52.0082 54.6086 57.3390 60.2060 63.2163 66.3771 Annual 111,932.31 117,528.92 123,405.37 129,575.64 136,054.42 142,857.14 150,000.00 Monthly 9,327.69 9,794.08 10,283.78 10,797.97 11,337.87 11,904.76 12,500.00 Biweekly 4,305.09 4,520.34 4,746.36 4,983.68 5,232.86 5,494.51 5,769.23 Hourly 53.8136 56.5043 59.3295 62.2960 65.4108 68.6813 72.1154 Annual 132,960.13 139,608.14 146,588.55 153,917.97 161,613.87 169,694.57 178,179.30 Monthly 11,080.01 11,634.01 12,215.71 12,826.50 13,467.82 14,141.21 14,848.27 Biweekly 5,113.85 5,369.54 5,638.02 5,919.92 6,215.92 6,526.71 6,853.05 Hourly 63.9231 67.1193 70.4753 73.9990 77.6990 81.5839 85.6631 Annual 155,976.02 163,774.82 171,963.56 180,561.74 189,589.83 199,069.32 209,022.79 Monthly 12,998.00 13,647.90 14,330.30 15,046.81 15,799.15 16,589.11 17,418.57 Biweekly 5,999.08 6,299.03 6,613.98 6,944.68 7,291.92 7,656.51 8,039.34 Hourly 74.9885 78.7379 82.6748 86.8085 91.1490 95.7064 100.4917 Annual 123,125.54 129,281.82 135,745.91 142,533.20 149,659.86 157,142.86 165,000.00 Monthly 10,260.46 10,773.48 11,312.16 11,877.77 12,471.66 13,095.24 13,750.00 Biweekly 4,735.60 4,972.38 5,221.00 5,482.05 5,756.15 6,043.96 6,346.15 Hourly 59.1950 62.1547 65.2625 68.5256 71.9519 75.5495 79.3269 Annual 143,680.22 150,864.24 158,407.45 166,327.82 174,644.21 183,376.42 192,545.24 Monthly 11,973.35 12,572.02 13,200.62 13,860.65 14,553.68 15,281.37 16,045.44 Biweekly 5,526.16 5,802.47 6,092.59 6,397.22 6,717.09 7,052.94 7,405.59 Hourly 69.0770 72.5309 76.1574 79.9653 83.9636 88.1617 92.5698 Community Development Manager
Deputy City Manager
Police Captain
Police Chief
Public Works & Community Services Director
Public Works Manager
City Clerk/Executive Assistant
La Palma Management Employees
Classification and Salary Table
July 1, 2024 through June 30, 2025
Effective the pay period including February 1, 2025
City Manager
Assistant City Manager
RESOLUTION NO. 2025-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA PALMA, CALIFORNIA, AMENDING THE
MEMORANDUM OF UNDERSTANDING AND SALARY
SCHEDULES FOR THE LA PALMA PROFESSIONAL
EMPLOYEES ASSOCIATION
WHEREAS, the City and the La Palma Professional Employees Association (LPPEA) entered into a Memorandum of Understanding (“MOU”) effective July 1, 2022, through June 30, 2025, and
WHEREAS, the City and LPPEA have discussed amending certain provisions of the MOU to memorialize a change in membership and the retitling of one position, and WHEREAS, the City and LPPEA have met and conferred in good faith and have agreed on amending certain MOU provisions, and
WHEREAS, the agreed-upon changes to the MOU are memorialized in a Side Letter between the City and LPPEA, which is attached as Attachment 1 and incorporated herein by reference.
NOW, THEREFORE, the City and LPPEA agree to amend the MOU as follows:
SECTION 1. Remove the “City Clerk/Executive Assistant” classification, add a “Deputy City Clerk/Executive Assistant” classification, and retitle the Water/Maintenance Supervisor to “Water Supervisor.”
SECTION 2. Replace “Attachment C” with “Exhibit 1” to the Side Letter to reflect the revised classifications and corresponding salary adjustments.
SECTION 3. All other terms and conditions of the MOU shall remain in full force and effect throughout the term of the MOU.
SECTION 4. The City Manager, or designee, is authorized to sign the Side Letter between the City and LPPEA.
APPROVED AND ADOPTED by the City Council of the City of La Palma at a regular meeting held on the 3rd day of February 2025.
_______________________________
Mark Waldman
Mayor
ATTEST:
__________________________
Kimberly Kenney, CMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF LA PALMA )
I, KIMBERLY KENNEY, City Clerk of the City of La Palma, California, DO HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of said City at a regular meeting of said City Council held on the 3rd day of February 2025, and that it was so adopted by called vote as follows:
AYES:
NOES:
_______________________________
Kimberly Kenney, CMC
City Clerk
ATTACHMENT 1
[See Next Page]
1 SIDE LETTER AGREEMENT
CITY OF LA PALMA
AND
LA PALMA PROFESSIONAL EMPLOYEES ASSOCIATION
This Side Letter Agreement is entered between the City of La Palma ("City") and the La Palma Professional Employees Association ("LPPEA") to memorialize a change in membership and the retitling of one position.
WHEREAS, the City and the LPPEA entered into a Memorandum of Understanding ("MOU") effective July 1, 2022, through June 30, 2025; and
WHEREAS, the City and the LPPEA have agreed to amend certain provisions of the MOU to reflect a change in membership and the retitling of a position; and NOW, THEREFORE, the LPPEA and the City agree to amend the MOU as follows:
1. Modifying ARTICLE II: RECOGNITION
Remove the “City Clerk/Executive Assistant” classification, add a “Deputy City Clerk/Executive Assistant” classification, and retitle the Water/Maintenance Supervisor to “Water Supervisor.”
2. Replace “Attachment C” with “Exhibit 1” to this Side Letter (attached to this Side Letter) to reflect the revised classifications and corresponding salary adjustments.
3. All other terms and conditions of the MOU shall remain in full force and effect throughout the term of the MOU.
LA PALMA PROFESSIONAL CITY OF LA PALMA
EMPLOYEES ASSOCIATION
________________________ ___________________________
jaNell Adams, President Conal McNamara, City Manager
Dated:__________________ Dated:___________________
Docusign Envelope ID: E89EDD66-BB73-4270-9B62-3A2009A200BF January 30, 2025
2 EXHIBIT 1
Effective the pay period including February 1, 2025
Step A Step B Step C Step D Step E Step F Step G
Accounting Supervisor
Annual 83,072.04 87,138.33 91,407.95 95,891.04 100,598.29 105,540.90 110,730.64 Monthly 6,922.67 7,261.53 7,617.33 7,990.92 8,383.19 8,795.08 9,227.55 Biweekly 3,195.08 3,351.47 3,515.69 3,688.12 3,869.16 4,059.27 4,258.87 Hourly 39.9385 41.8934 43.9461 46.1015 48.3646 50.7408 53.2359 Community Services Supervisor
Annual 83,072.04 87,138.33 91,407.95 95,891.04 100,598.29 105,540.90 110,730.64 Monthly 6,922.67 7,261.53 7,617.33 7,990.92 8,383.19 8,795.08 9,227.55 Biweekly 3,195.08 3,351.47 3,515.69 3,688.12 3,869.16 4,059.27 4,258.87 Hourly 39.9385 41.8934 43.9461 46.1015 48.3646 50.7408 53.2359 Deputy City Clerk/Executive Assistant
Annual 75,304.89 78,982.83 82,844.67 86,899.60 91,157.27 95,627.83 100,321.92 Monthly 6,275.41 6,581.90 6,903.72 7,241.63 7,596.44 7,968.99 8,360.16 Biweekly 2,896.34 3,037.80 3,186.33 3,342.29 3,506.05 3,677.99 3,858.54 Hourly 36.2043 37.9725 39.8292 41.7787 43.8256 45.9749 48.2317 Human Resources Analyst
Annual 71,451.31 75,023.87 78,775.06 82,713.82 86,849.51 91,191.98 95,751.58 Monthly 5,954.28 6,251.99 6,564.59 6,892.82 7,237.46 7,599.33 7,979.30 Biweekly 2,748.13 2,885.53 3,029.81 3,181.30 3,340.37 3,507.38 3,682.75 Hourly 34.3516 36.0692 37.8726 39.7663 41.7546 43.8423 46.0344 Management Analyst
Annual 75,304.89 78,982.83 82,844.67 86,899.60 91,157.27 95,627.83 100,321.92 Monthly 6,275.41 6,581.90 6,903.72 7,241.63 7,596.44 7,968.99 8,360.16 Biweekly 2,896.34 3,037.80 3,186.33 3,342.29 3,506.05 3,677.99 3,858.54 Hourly 36.2043 37.9725 39.8292 41.7787 43.8256 45.9749 48.2317 Water Supervisor
Annual 88,052.22 92,454.83 97,077.58 101,931.45 107,028.03 112,380.95 118,000.00 Monthly 7,337.69 7,704.57 8,089.80 8,494.29 8,919.00 9,365.08 9,833.33 Biweekly 3,386.62 3,555.96 3,733.75 3,920.44 4,116.46 4,322.29 4,538.40 Hourly 42.3328 44.4494 46.6719 49.0055 51.4558 54.0286 56.7300 La Palma Professional Employees Association
Classification and Salary Table
July 1, 2024 to June 30, 2025
Docusign Envelope ID: E89EDD66-BB73-4270-9B62-3A2009A200BF
Agenda Item No. 11 February 4, 2025 | 1
City of La Palma
Agenda Item No. 11
MEETING DATE: February 4, 2025
TO: City Council
FROM: City Manager
SUBMITTED BY: Council Member Baker
AGENDA TITLE: Council Member Request - Discuss and Approve the City of La Palma rejoining the Association of California Cities - Orange County (ACC-OC).
RECOMMENDED ACTION:
It is recommended that the City Council consider Council Member Baker's request and discuss the matter.
SUMMARY:
Council Member Member Baker with support from Mayor Waldman, requested an item be placed on the February 4, 2025, City Council agenda to discuss rejoining the Association of California Cities - Orange County.
FISCAL IMPACT:
There is no fiscal impact to have a discussion on membership at this time; however, based on the City Council's decision, the cost to become a member of the ACC-OC is $6,365.04 annually with their discount.
ATTACHMENTS:
1. 2025 ACC-OC Membership Proposal
2. Council Member Request
Keeping OC in LOCal Government
CITY OF LA PALMA
ACC-OC Membership
Proposal
Dear Honorable Members of the La Palma City Council,
On behalf of the Association of California Cities – Orange County (ACC-OC) Board of Directors, I am pleased to invite the City of La Palma to rejoin ACC-OC as a City Member.
ACC-OC is proud to serve as a trusted partner and resource for Orange County cities, offering comprehensive support to municipal leaders and staff. Through collaboration, innovation, and advocacy, we work to address regional challenges and empower local governments to achieve their goals.
How ACC-OC Supports La Palma and Its Staff
Rejoining ACC-OC would provide La Palma access to a wide range of benefits designed to support city priorities and enhance the effectiveness of municipal operations:
Policy Support and Resources: ACC-OC provides in-depth research, model ordinances, and tailored policy analysis to help cities navigate complex issues and make informed decisions. Our team is always available to assist your staff with specific policy or operational needs.
Professional Development: Through workshops, conferences, and training programs, ACC-OC equips elected officials and staff with the tools and knowledge they need to lead effectively. These opportunities foster innovation and build leadership capacity at every level of city government.
Advocacy on Your Behalf: We advocate for our member cities at regional, state, and federal levels, ensuring that your voice is heard on key legislative and regulatory issues. ACC-OC champions policies that benefit cities like La Palma and protect local control.
Resource Sharing and Expertise: Members gain access to an extensive network of data, case studies, and expert consultations. Whether it’s advice on grant applications or best practices in public safety, ACC-OC serves as an extension of your city’s team.
Regional Collaboration and Networking: ACC-OC connects La Palma’s leaders with peers, agency heads, and industry experts to foster partnerships and regional solutions. This includes access to new initiatives, such as our leadership of the California Sober Living and Recovery Task Force (CASLAR), an important program during Prop. 1 implementation.
Keeping OC in LOCal Government
CITY OF LA PALMA
ACC-OC Membership
Proposal
Membership Dues
City Member dues are based on a formula that combines a base amount of $5,000 with an additional sum derived from multiplying the city’s population by a factor of 0.1375. City Populations are based on the California Department of Financing's 2024 Population Estimates. The proposed dues include a 10% discount approved annually by the Board of Directors to offset pandemic-related costs to cities. With the 10 percent discount, the 2025 dues for the City of La Palma would be $6,365.04.
Next Steps
Attached is a full membership proposal, including a detailed overview of ACC-OC programming and the specific benefits available to your city. I would be honored to discuss this opportunity further and answer any questions from the Council or your team.
The strength of ACC-OC lies in its members, and we would be delighted to have the City of La Palma rejoin this important partnership. Together, we can continue advancing innovative solutions, regional collaboration, and impactful advocacy for the benefit of our residents.
Our Executive Director, Kris Murray, and our ACC-OC staff are here to be a resource to you and your City. Thank you for considering this request. We look forward to working together to achieve our shared vision for Orange County’s future.
Warm regards,
Jamey Federico
President, Association of California Cities – Orange County Council Member, City of Dana Point
ACC-OC believes in the process of facilitating dialogue that allows multiple stakeholders to develop solutions and solve problems that improve the quality of life for Orange County residents, while preserving the character and values of individual communities. The organization was established in 2011 under the philosophy that Orange County cities need to have a collaborative voice on public policy issues impacting the community. This is evident through the work of the Association, which includes energy and environment, economic development, housing, homelessness, transportation and water – issues that impact all 34 Orange County cities.
ABOUT ACC-OC
The Association of California Cities – Orange County (ACC-OC) represents the interests of Orange County cities on regional public policy issues. The Association believes in education that empowers, policy development that is collaborative, and advocacy that is service orientated. The ACC-OC membership base consists of the cities of Orange County, dozens of local government special districts, businesses, non-profits and partnerships with higher education institutions.
Be the primary resource for promoting excellence and providing leadership on the issues that matter most to Orange County.
Be the leading voice for Orange County Cities and elected officials on public policy issues through advocacy, education, and collaboration.
MISSION
VISION
2025 ACC-OC
MEMBERSHIP BENEFITS
ACC-OC KEY MEMBERSHIP BENEFITS
LOCAL CONTROL - Keeping OC in LOCal Government
Members collaborate with colleagues, from across Orange County's 34 diverse cities, to solve problems and address regional issues while working to preserve and enhance their individual communities.
EDUCATION - Collective Knowledge
Members work together to share ideas, experiences, and knowledge relating to current issues impacting Orange County. ACC-OC offers training and leadership development programs designed for both elected officials and city staff and regional leaders.
PUBLIC POLICY - Consensus-Driven Decision Making
Member cities work together to formulate public policy recommendations and advocate for their common interests on local, regional, state, and national issues.
NETWORKING - Empowers Local Leaders
ACC-OC acts as a clearinghouse for information of value and relevance to its members and facilitates opportunities for our members to meet and collaborate with colleagues from across Orange County.
PUBLIC-PRIVATE COLLABORATION - Stronger Together
ACC-OC facilitates dialogue between public officials and other regional and private sector entities to find ways to improve life for all Orange County residents.
2025 ACC-OC
MEMBERSHIP BENEFITS
2025 ACC-OC
MEMBERSHIP BENEFITS
ACC-OC AT A GLANCE
ACC-OC AT A GLANCE
25 Member Cities
54 Affiliate Members
13 Voting Board Members with a wide range of regional representation Newly Elected Council Member Orientation (January 2025) Board of Directors Installation
Sacramento Advocacy Trip (March 2025)
Leadership Summit and Golden Hub Awards (May 2025)
OC Legislative Roundtable and Summer Reception (July 2025) Public Policymakers Academy (August 2025)
Washington D.C. Advocacy Trip (October 2025)
Annual Business Meeting
Orange County Regional Holiday Mixer (December 2025)
Legislative and Regulatory Committee
Energy, Environment and Water Committee
Housing & Homelessness Committee
Economic Development & Tourism Committee
Transportation & Infrastructure Committee
Healthcare, Veterans and Community Services Committee
ACC-OC’s Better Learning Opportunities program has been instrumental in expanding knowledge and fostering collaboration among Orange County’s elected officials, city staff and community leaders. By providing exclusive access to key facilities, projects, and industry experts, this program enables participants to gain practical insights and firsthand understanding of complex issues impacting the region. These learning experiences empower city officials and community members with the information and tools needed to make informed decisions, create strategic plans, and address challenges within their own cities. Moreover, the program strengthens partnerships between cities, organizations, and agencies, fostering a collaborative approach to regional problem-solving.
BETTER LEARNING OPPORTUNITIES
COMMITTEES
ANNUAL EVENTS
La Paz Landslide Project (March 2025)
CalOptima Health Street Medicine Project (Spring 2025)
Transportation Corridor Agencies Nature Conservation (Spring 2025)
ACC-OC not only provides a place to come together to solve problems and work collaboratively, but also offers a mechanism that supports regional efforts that create financial and operational efficiencies. ACC-OC represents the interests of all Orange County cities through its advocacy and education efforts.
W W W . A C C O C . O R G
Members Tour the Jamboree’s Veteran’s
Housing in Santa Ana Learning Best Practices
to Support Affordable Housing Options and
Services for Orange County Veterans.
Newly Elected Officials Learn from top
Public Safety Officials including DA Todd
Spitzer and Sheriff Don Barnes and OCFA
Deputy Chiefs at the 2025 Newly Elected
Council Member Orientation and Training.
ACC-OC's Federal Advocacy Delegation
travels to Washington DC annually advocating
on behalf of Orange County at the Nation's
Capital on Orange County top issues.
City Members
Affiliate Members
Aliso Viejo Anaheim Buena Park Costa Mesa Dana Point Fountain Valley Garden Grove Huntington Beach Irvine Laguna Beach Laguna Hills Laguna Niguel Lake Forest Los Alamitos Mission Viejo Newport Beach Orange Placentia San Juan Capistrano Santa Ana Seal Beach Stanton Villa Park Westminster Yorba Linda AIM Youth Mental Health Aleshire & Wynder Amazon Web Services Anaheim Transportation Network AT&T Best, Best & Krieger OC Black Chamber Cal State Fullerton CalOptima Health CEO Leadership Alliance of Orange County Charter Communications Cityside Fiber Clear Advocacy Crown Castle Cox Communications CR&R Inc. Disneyland Resort Faubel Public Affairs Falck Goodwill OC Hospital Association of Southern California Kosmont Companies Jacob Green and Associates Jamboree Housing John Wayne Airport Mesa Water District Metropolitan Water District Moulton Niguel Water District Municipal Water District of Orange County National CORE National Demographics Corporation Orange County Conservation Corps Orange County Museum of Art Orange County Power Authority Orange County Sanitation District Orange County Transportation Authority Orange County Water District Quality Management Group Republic Services Rutan & Tucker, LLP Santa Margarita Water District Southern California Gas Southern California Edison Tangram Interiors Todd Priest & Associates Transportation Corridor Agencies UC Irvine UCI Health UC Irvine's Institute of Transportation Studies Vanir West Coast Arborists Waste Management Wild Rivers Woodruff & Smart Yorba Linda Water District
Al Murray
Emeritus Chair
Marnie Primmer
OC COG
Mal Richardson
Best, Best & Krieger
P. Alberto Sandoval
U C Ir v i n e
Clarissa Serpas
SoCalGas
Kris Murray
ACC-OC
Christine Miller
D i s n e y l a n d R e s o rt
John Gyllenhammer
Orange
Council Member
Large City
Representative
Norma Campos
Kurtz
Anaheim
Mayor Pro Tem
Large City
Representative
John Stephens
Costa Mesa
Mayor
Large City
Representative
Gracey Van Der Mark
Huntington Beach
Council Member
1st District
Representative
(Vacant)
2nd District
Representative
Robyn Grant
Newport
Council Member
5th District
Representative
Chad Wanke
Placentia
Council Member
4th District
Representative
Crystal Miles
Villa Park
Council Member
3rd District
Representative
Veronica Carpenter
CalOptima Health
Grace Leung
OC C M A
Darrell Johnson
OC T A
R y a n C h a m b e rl a i n
T C A
Kelley Lee
Southern
California Edison
Board of Directors
2025-26 ACC-OC
Stephanie Klopfenstein
GardenGrove
Mayor
Immediate Past
President
Joshua Sweeney
Laguna Hills
Mayor
2nd Vice President
Bob Ruesch
Mission Viejo
Mayor
Legislative & Regulatory
Committee Chair
Tanya Doby
Los Alamitos
Council Member
1st Vice President
Jamey Federico
Dana Point
Council Member
President
City Council Member Request
From:__________________________________________ Date: __________________ Supporting Council Member: ______________________________________________________ Agenda Item Requested? Yes No
Staff Research Requested? Yes No
Request
(Please describe the request and its purpose, context, or other information that may be helpful.):
________________________________________________________________________________ ________________________________________________________________________________ _________________________________________________
Desired Timeline for Completion:
Within one week Within two weeks Within one month Within two months Within three months Within six months Other/Specific date ___________________________________ Level of Priority (in relationship to established goals and priorities):
Request is related to or expands upon existing goals
Which one? _________________________________________
Request is new, not related to existing goals