Agenda packet, first session — Menifee City Council, August 17, 2022 (part 3 of 5)

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charged against the estimated quantities. The only change order for this Project is the final change order, which was required to adjust the contract as the actual bid item work quantities charged were lower than the original estimated bid item quantities.

Table 1 – Contract Change Order Summary
Change Order No. Description Total
1 Clean-up Change Order to
reconcile estimated bid
quantities against actual bid
quantities
($33,058.40)
Total ($33,058.40)
If approved, a Notice of Completion (“NOC”) would be filed, which protects the City from future claims against the Project by providing proper noticing to each contractor, subcontractor, and material supplier that the Project has been completed. The payment bond (labor and materials bond) and performance bond would be released 30 days after the date of recording of the NOC, provided no stop notices are filed preventing said releases.

STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community

FISCAL IMPACT
There is no fiscal impact associated with the acceptance of the improvements related to CIP 21-

13. The City has received reimbursement for utility work in the amount of $18,355 from EMWD for reimbursable Project costs.

ATTACHMENTS

1. Project Location Map

2. Notice of Completion

3. Close Out Documents

4. Contract Change Order Summary
Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 2
Menifee Mayor and City Council
August 17, 2022
Page
368 of 734

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Project Site
0 0.15 0.3
Miles
Path: Z:\Project_Specific_Maps\Engineering_PublicWorks\McCallBlvd_Resurfacing\McCallBlvd_Resurfacing\McCallBlvd_Resurfacing.aprx Date: 7/25/2022 McCall Boulevard Resurfacing (CIP 21-13)
Project Location Map
Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 3
Menifee Mayor and City Council
August 17, 2022
Page
369 of 734

4 5
3 0
0 Recording Requested By:

CITY OF MENIFEE
After Recording Mail To:

CITY CLERK

CITY OF MENIFEE
29844 HAUN ROAD
MENIFEE, CA 92586
Record without fee subject to Govt. Code 6103

NOTICE OF COMPLETION
(Public Works – Civil Code Sec. 9204)
McCALL BOULEVARD RESURFACING, CIP 21-13
Notice is hereby given that:

Work of improvements on the project herein described was accepted as complete on August 17, 2022. The project improvements consist of about 1.2 miles of varies depth of cold in place recycling asphalt pavement. This work will also include the removal and replacement of: 13 existing non-compliant accessible curb ramps, curb, gutter and cross gutters. The replacement of all striping and adjustment of all utility covers will also be performed. The project was done in the city right-of-way in the City of Menifee, County of Riverside, State of California.

1. The full name of the Owner is: CITY OF MENIFEE

2. The full address of the Owner is: 29844 HAUN ROAD
MENIFEE, CA. 92586

3. The undersigned is a Corporate Officer of the Owner of the interest stated below in the property herein described:

PUBLIC STREETS IN
MENIFEE, CA 92586

4. The name of the contractor for such work of construction is:

R.J. Noble Company
15505 Lincoln Avenue
Orange, CA 92865

5. The property on which said work of improvement was completed is within the City of Menifee, County of Riverside, State of California.

STATE OF CALIFORNIA)
Ss

COUNTY OF RIVERSIDE)
I, Stephanie Roseen, hereby certify that I am the Acting City Clerk of the City of Menifee, a municipal corporation, which is the owner of the properties described within this Notice of Completion, executed on behalf of the City; that I have read the notice and know the contents thereof and that the facts therein stated are true of my own knowledge under penalty of perjury under the laws of the state of California; that I make this verification on _________________, 2022 for and on behalf of the City.
_____________________________
Stephanie Roseen, Acting City Clerk
Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 4
Menifee Mayor and City Council
August 17, 2022
Page
370 of 734

McCall Blvd. Resurfacing (Encanto- Oakhurst)
CIP No. 21-13
APPENDIX 4

CLOSE-OUT DOCUMENTS
4-1
Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 5
Menifee Mayor and City Council
August 17, 2022
Page
371 of 734

McCall Blvd. Resurfacing (Encanto- Oakhurst)
CIP No. 21-13

CONTRACTOR'S CERTIFICATION OF COMPLETION
DATE:

TO:
05112/2022
City of Menifee
29844 Haun Rd
Menifee, California 92586
FROM: __ R_._l. _N_OB_L_E_C_O_MP __ AN_y ______________________________________ __ (Firm or Corporation)
PROJECT: McCall Blvd. Resurfacing (Encanto-Oakhurst) - CIP No. 21-13 This is to certify that I, acting as an authorized official of the above stated firm or corporation, have been properly authorized by said firm or corporation to sign the following statements pertaining to the subject contract:

1. I know, of my own personal knowledge, and do hereby certify, that the work of the contract described above has been performed, and materials used and installed in every particular, in accordance with, and in conformity to, the contract drawings and specifications.

2. The contract work is now complete in all parts and requirements, and ready for your final inspection.

3. I understand and agree that neither the determination by the Owner that the work is complete, nor the acceptance thereof by the Owner, shall operate as a bar to claim against the Contractor under the terms of the guarantee provisions of the contract documents.

AUSTIN M. CARVER, PRESIDENT
Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.) 4-2
Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 6
Menifee Mayor and City Council
August 17, 2022
Page
372 of 734

Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 7
Menifee Mayor and City Council
August 17, 2022
Page
373 of 734

McCall Blvd. Resurfacing (Encanto- Oakhurst)
CIP No. 21-13

CONTRACTOR'S AFFIDAVIT OF DISPOSAL
12TH MAY 22
WHEREAS, on the day of I 20 I the undersigned entered
into and executed a contract with City of Menifee for McCall Blvd. Resurfacing (Encanto-Oakhurst) as particularly described in said contract and identified as CIP No. 21-13, and WHEREAS, the specifications of said contract requires the Contractor to affirm that "all brush, trash, debris, and surplus materials resulting from this project have been disposed of in a legal manner" and that all designated recyclable materials are properly recycled in compliance with the City of Menifee Ordinances.

WHEREAS, said contract has been completed, all surplus materials disposed of, and proof of compliance with the City of Menifee Municipal Code has been furnished.

NOW, THEREFORE, in consideration of the final payment by the City of Menifee to said Contractor under the terms of said contract, the undersigned Contractor, hereby certifies and affirms under penalty of perjury that all surplus materials as described in said contract have been disposed of at the following location{s):

Type of material disposed of Type of material disposed of Name of disposal site Name of disposal site
Address of disposal site Address of disposal site
Type of material disposed of Type of material disposed of Name of disposal site Name of disposal site
Address of disposal site Address of disposal site
By signing and submitting this form to the City of Menifee on this i2~ day of U rlH 20 t't, I (we) hereby certified and swear under penalty of perjury under the laws of the ~rnia that the afore ntioned information is true and correct without omission, error or misrepresentation. x 05112/2022 x 05112/2022
Date Date

AUST STEVEN L MENDOZA, SECRETARY
Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.) 4-4
Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 8
Menifee Mayor and City Council
August 17, 2022
Page
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Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 9
Menifee Mayor and City Council
August 17, 2022
Page
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Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 10
Menifee Mayor and City Council
August 17, 2022
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Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 11
Menifee Mayor and City Council
August 17, 2022
Page
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McCall Blvd. Resurfacing (Encanto- Oakhurst)
CIP No. 21-13

CONTRACTOR'S AFFIDAVIT OF PAYMENT
To All Whom It May Concern:

WHEREAS, the undersigned has been contracted by the City of Menifee to furnish labor and materials for McCall Blvd. Resurfacing (Encanto-Oakhurst), CIP No. 21-13, under a contract dated the 1_5T_H __ day of __ SE_P_TE_M_B_E_R ___ -', 20~ in the City of Menifee, County of San Diego, State of California, of which City of Menifee is the Owner .

NOW, THEREFORE, this 12TH day of __ M_A_Y _____ --', 20_=_ the undersigned, as the Contractor for the above-named Contract pursuant to the Conditions of the Contract hereby certifies that, except as listed below, he has paid in full or has otherwise satisfied all obligations for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or his property might in anyway be held responsible.

EXCEPTIONS: (If none, write "None". If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception.)
05112/2022 05/12/2022
x
Signature of Date Date

STEVEN L MENDOZA, SECRETARY
Print name and title Print name and title
(If the Prime Contractor is a corporation two signatures of corporate officers are required.) 4-6
Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 12
Menifee Mayor and City Council
August 17, 2022
Page
378 of 734

McCall Blvd. Resurfacing (Encanto-Oakhurst)
CIP No. 21-13

GUARANTEE AGREEMENT
We hereby guarantee that McCall Blvd. Resurfacing (Encanto-Oakhurst), CIP No. 21-13, has been installed in accordance with the drawings and specifications and that the work as installed will fulfill the requirements included in the specifications. The undersigned agrees to promptly repair or replace, in a manner satisfactory to the Engineer, any or all of such work, together with any other adjacent work which may be displaced in connection with such repair or replacement, that may prove to be defective in workmanship or material within a period of one (1) year from the date of acceptance of the above referenced project by City of Menifee, ordinary wear and tear and unusual abuse or neglect excepted.

The Contractor also agrees to indemnify and hold City of Menifee harmless from claims of any kind arising from damage due to said defects in the work constructed under the Contract.

In the event that the undersigned fails to comply with the abovementioned conditions within a reasonable period of time, as determined by City of Menifee, the undersigned hereby authorizes the City of Menifee to proceed with the repair of said defects and the Contractor and his/her surety shall be liable to the City of Menifee for the cost thereof.

R.J NOBLE COMPANY 15505 E LINCOLN A VENUE, ORANGE, CA 92865 Firm name Address
x x
Signature me Contractor or Sub-Contractor tractor or Sub-Contractor AUSTIN M. CARVER, PRESIDENT STEVEN L MENDOZA, SECRETARY Print name and title Print name and title
Countersigned (required by Prime Contractor if this Guarantee Agreement is for a Sub-Contractor) ; Firm name
Signature of Prime Contractor
Print name and title
Con tact for Service:

Name
Address
Telephone number and email address
Address
Signature of Prime Contractor
Print name and title
4-7
Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 13
Menifee Mayor and City Council
August 17, 2022
Page
379 of 734

Contract Change Order Summary

McCall Boulevard Resurfacing from Encanto Drive to Antelope Road CIP 21-13

CCO # Description Amount % Additional
Time
Date
Approved
1 Updated bid items to reflect
actual quantities used $ (33,058.40) -2.68% 0 May 2022
Totals $ (33,058.40) -2.68% 0

Original Contract Amount: $1,232,866.50
Total Change Order Amount: ($33,058.40)
Revised Contract Amount: $1,199,808.10
Item Title: 10.12
McCall Boulevard Resurfacing Notice of Completion and Acceptance Item Page Number: 14
Menifee Mayor and City Council
August 17, 2022
Page
380 of 734

CITY OF MENIFEE
SUBJECT: Agreement with Peregrine Technologies, Inc. for Multi Platform Integration Software
MEETING DATE: August 17, 2022
TO: Mayor and City Council
PREPARED BY: David Gutierrez, Police Captain
REVIEWED BY: Ed Varso, Police Chief
Ron Puccinelli, Chief Information Officer
APPROVED BY: Armando G. Villa, City Manager
-------------------------------------------------------------------------------------------------------------------------------

RECOMMENDED ACTION

1. Approve and authorize the City Manager, or his designee, to enter into a software licensing agreement in the not-to-exceed amount of $500,000 with Peregrine Technologies, Inc. for multi-platform integration software subscription; and

2. Approve the purchase under Menifee Municipal Code 3.12.070(A)(7) and (8), as a unique commodity, equipment, service obtained as a sole source purchase from Peregrine Technologies, Inc.; and

3. Adopt a budget amendment resolution appropriating $100,000 in expenditures to account no. 110-4911-51353.

DISCUSSION
Law enforcement today faces a rapidly shifting landscape with challenges on every front. Success in meeting the challenges of the future requires policing strategies that leverage advanced technologies. The City of Menifee is committed to enhancing technology within the Police Department that enables staff to provide a higher level of service and increased public safety.

Peregrine Technologies, Inc. (Peregrine) is a software engineering company dedicated to supporting law enforcement agencies with their most complex and critical challenges. Peregrine is an advanced analytic platform that provides a single point of access to view and analyze large- scale, real-time data from multiple data sources. The software performs several critical functionalities including data integration, search and information retrieval, advanced analytics, data management, collaboration, access control, and security. The software was developed to facilitate real-time fact-based decision-making, enhance investigatory capabilities, streamline Item Title: 10.13
Agreement with Peregrine Technologies, Inc. for Multi Platform Integration Software Item Page Number: 1
Menifee Mayor and City Council
August 17, 2022
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City of Menifee Staff Report
Agreement with Peregrine Technologies, Inc.

August 17, 2022

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criminal analysis, and generate intelligence driven products for law enforcement professionals.

Peregrine creates a unique and extremely efficient method for taking large amounts of raw data, from diverse sources, and quickly turning it into useful information, optimizing an end user's time.

Peregrine engineers design their software to coordinate many different platforms to provide complete system interoperability. Peregrine will support Menifee Police Department's existing records management systems, computer aided dispatch systems, license plate recognition data, Crossroads collision and citation databases, evidence management systems, arrest records, and unstructured data such as document, imagery, and video repositories.

Peregrine provides intuitive methods for users to search and access all data from one place; empowers entire agencies to answer complex questions; controls and shares information securely; and allows teams to securely collaborate on operations, investigations, and projects.

The Police Department uses many complex hardware- and software-based technologies to conduct its day-to-day field and support services operations. Data from these systems are collected and stored electronically, most often in different places. Currently, staff does not have an efficient or user-friendly solution for conducting advanced searches across all these databases to aid and enhance investigations and crime analyst in the identification and apprehension of suspected offenders.

Peregrine provides a powerful solution to address the demand for increased transparency by enabling staff to more easily respond to Public Records Act requests, subpoenas, and the public demand for meaningful fact-based information related to policing (i.e., informal and formal public contacts, community engagement, deployment of resources, crime trends, policies and procedures, use of force, etc.).

Peregrine Technologies software has been deployed in Contra Costa County since 2018; however, Menifee would be the first user of Peregrine software in Riverside County. Currently, the police departments in Antioch, San Pablo, and Richmond, along with several others, utilize Peregrine. Staff visited the Antioch, San Pablo, and Richmond Police Departments to see how they were utilizing Peregrine. Staff in each city spoke highly of the software citing increased efficiency when completing crime analysis, pulling statistical information, and conducting case follow up.

The Menifee Police Department recommends the procurement of a five-year subscription of Peregrine Technologies software to further increase the effectiveness and efficiency of department staff; enabling the department to direct staff resources into the community where they are needed most.

Funding for the first-year costs is available in the Information Technology Fund (110) fund balance. These funds were budgeted in Fiscal Year 2021-22 for other technology. Once the Police and Information Technology Departments became aware of the operational efficiencies that could be gained with integration of the Peregrine software solution, the Police Department determined this system was more beneficial than other planned technology solutions. The approval of a multi-year agreement with Peregrine will enable the City to forgo the standard $150,000 implementation fee and secure fixed pricing for the term of the five-year agreement.

Item Title: 10.13
Agreement with Peregrine Technologies, Inc. for Multi Platform Integration Software Item Page Number: 2
Menifee Mayor and City Council
August 17, 2022
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City of Menifee Staff Report
Agreement with Peregrine Technologies, Inc.

August 17, 2022

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STRATEGIC PLAN OBJECTIVE
Safe and Attractive Community; Responsive and Transparent Government

FISCAL IMPACT
The aggregate fiscal impact of Peregrine is $500,000, covering a five-year subscription period.

The annual cost of the software would be $100,000.

Funding is available in fund balance within the IT Fund (110), specifically within account no. 110- 4911-51353, repurposed as these funds were budgeted in Fiscal Year 2021-22 for other technology. A corresponding budget amendment resolution is included as part of this staff report approving appropriation of $100,000 for fiscal year 2022/23.

Future costs (years two through five) of $400,000 would be budgeted in the corresponding fiscal year budget(s).

ATTACHMENTS

1. Peregrine Agreement

2. Budget Amendment Resolution
Item Title: 10.13
Agreement with Peregrine Technologies, Inc. for Multi Platform Integration Software Item Page Number: 3
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Agreement Presented to the Menifee Police Department
Peregrine Technologies, Inc.

May 12th, 2022
Executive Summary ....................................................................................................................................................... 1 Providing Value for the Menifee Police Department ................................................................................................ 1 Our Software ............................................................................................................................................................. 2 Peregrine for the Menifee Police Department .............................................................................................................. 3 Our Background ......................................................................................................................................................... 3 The Peregrine Platform .............................................................................................................................................. 3 The Peregrine Delivery & Implementation Program ................................................................................................. 4 Project Cost ................................................................................................................................................................ 6 The Peregrine Delivery & Implementation Program ................................................................................................. 8 Project Cost ................................................................................................................................................................ 9 Appendix A: Select Data Analysis Tools ....................................................................................................................... 10 Appendix B: Privacy, Civil Liberties & Security ............................................................................................................. 11 Granular Data Security, Access, and Usage Controls ............................................................................................... 11 Auditability and Logging of User Actions ................................................................................................................. 11 Continuous Security and CJIS Compliance ............................................................................................................... 11 Appendix C: Qualifications ........................................................................................................................................... 12 Appendix D: Peregrine Software License Agreement Terms and Conditions .............................................................. 13 Item Title: 10.13
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Executive Summary
The Menifee Police Department (MPD) is seeking cutting-edge technology solutions to enhance decision making and operations by harnessing the power of its existing data assets. Peregrine Technologies, Inc. ("Peregrine") is pleased to provide the following proposal to the MPD to help meet this goal through our Peregrine software platform (“the Peregrine platform,” “the platform”). Through outcome-driven use cases, the Peregrine platform can help the MPD improve decision making and operations, realize efficiency gains, and enable cross -agency sharing.

Peregrine provides a software platform that will enable the MPD to make faster, more precise, and more informed decisions using this data. To enable rapid deployment and value, Peregrine proposes a two-phased approach to the MPD.

Phase 1: Data S earch and Analysis – In Phase 1, the Peregrine implementation team will configure the Peregrine platform to deliver high -value use cases for investigations, analysis and reporting, and situational and operational awareness.
• Scope: As part of Phase 1, Pere grine will integrate MPD’s computer-aided-dispatch (CAD) data, record management system (RMS) data, Riverside County Sheriff's Department Data Warehouse information (pending approval), Flock automated license plate readers (ALPR) cameras, and Axon/evidence .com data ; set up and configure the Peregrine platform (including the platform’s full suite of data search, analysis, visualization, reporting, and sharing capabilities); provide user training and support services; and enable cross -agency data sharing (through a signed Memorandum of Understanding [MOU] between the agencies). • Cost: The proposed cost for Phase 1 is $100,000 per year for five years, totaling $500,000. Phase 1 can commence immediately once a contract is signed with data integrated in less than one (1) month and users trained and on the platform in less than two (2) months.

Please see pages 8 and 9 for detailed implementation and pricing information.

Phase 2: Full Integration and Real-time Operations – In Phase 2, the Peregrine implementation team will configure the Peregrine platform to: provide access to video footage from MPD camera systems and enable real-time crime center type operations at the MPD . Please note that purchase of Phase 1 u se cases does not obligate MPD to purchase Phase 2 use cases.
• Scope: Phase 2 will need to be further scoped to ensure MPD’s needs are met and could potentially include the Peregrine mobile application.
• Cost: Upon further scoping, Peregrine will provide a quote for use cases associated with Phase 2.

Providing Value for the Menifee Police Department
In Phase 1, Peregrine's platform will accelerate the MPD's progress against strategic priorities, including enhancing investigations to rapidly advance and solve cases; quickly and accurately develop actionable analysis and reports ; and furthering the department’s ability to maintain full situational and operational awareness . • Investigations: Within the Peregrine platform, MPD staff will be able to quickly search f or data across systems (including those from partner agencies through an MOU) to quickly surface all information relevant to a case.

Using the platform’s user -friendly analysis tools, detectives can quickly identify relationships between people and cases, revealing connections previously hidden across data systems. With all relevant data at their fingertips and user -friendly tools at their disposal, investigators will be able to solve cases more quickly and reach conclusions with greater confidence.
• Analysis and reporting: Using the Peregrine platform, MPD staff will have one system to power their workflows.

Rather than signing on to multiple systems —switching between CAD, RMS, Flock cameras, etc. —they sign into one system for all the data they need. With an MOU in place, analysts can also search partner data seamlessly.

The platform’s intuitive point -and-click tools makes it easy to visualize data (e.g., on an interactive geospatial map or through a configurable timeline), surface hidden crime trends, and report on those trends.

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• Situational and operational awareness: The Peregrine platform will ensure all personnel across the MPD have the information they need to work more effectively and efficiently by maintaining situational awareness. When officers start their shift, they can use the Peregrine platform to quickly get up to speed on what happened since their last shift. Personnel from across the department can set up notifications so they’re made aware of relevant cases at an appropriate cadence (e.g. , immediately, daily, weekly, etc.) and through the appropriate medium (e.g., SMS, email).

By deploying the Peregrine platform against the above use cases—and use cases part of Phase 2—MPD can:
• Realize efficiency gains: The time of MPD analysts, detectives, and other personnel is incredibly scarce; MPD’s technology partners must provide capabilities that free MPD personnel from unnecessary tasks and allow them to focus on applying their skills in expertise in, for example, investigation, analysis, problem solving, and decision making. Peregrine's platform streamlines and automates the process of getting the right data into the hands of those who need it. This means MPD personnel spend less time manually integrating and wrestling with disparate data and spend more time solving cases, developing insights, surfacing trends, and improving operations. • Promote cross -agency sharing : With MOUs between MPD and its partner agenci es, the Peregrine platform enables seamless data sharing in a high secure and collaborative environment. Crime is not bound to a jurisdiction; the Peregrine platform ensures data isn’t, either. As a cross -agency data sharing solution, the Peregrine platform allows analysts, detectives, and other personnel to share data in a way that helps all agencies better serve their communities.
• Deliver transparency: The MPD holds itself to demanding ethical standards to build and maintain trust with the Menifee community. Peregrine’s platform can help strengthen and bring data -backed rigor to internal review and accountability strategies and enable secure, transparent collaboration and communication between the MPD, city manager, other law enforcement partners, and the community. The Peregrine platform is fully CJIS compliant and supports the highest standards for privacy and civil liberties (PCL).

Our Software
Peregrine provides a secure, interoperable, CJIS-compliant software platform that empowers organizations to make faster, more precise, and more informed decisions in real time. Our platform integrates and transforms data of any type, from any source, at any scale to make it immediately useful to users of any level of technical background.

Peregrine does not bring to nor create any new data for its customers —our platform integrates existing data and then makes it available to end users within a single platform.

The platform provides intuitive user interfaces that enable personnel to efficiently leverage data across a variety of use cases, including:
• agency-wide search and information retrieval
• operational and situational awareness
• alerting and notifications
• multiple types of analysis, including geospatial, temporal, and link chart • investigations
• executive reporting, dashboarding, and requests for information • secure collaboration within and across departments
• transparency and community engagement

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Peregrine for the Menifee Police Department
Our Background
Peregrine was founded in 2017 with the goal of empowering organizations like the MPD to make data -driven decisions in real time. The Peregrine team has decades of experience building enterprise software alongside government and non-government entities. We are based in San Francisco, California and have partnered closely with several Bay Area police departments to bring cutting -edge technologies to vital public servants while recognizing and respecting the critical security, privacy, and transparency principles that communities demand from government agencies.

Our professional support team has extensive experience working directly with officers, analysts, investigators, administrative personnel, executive staff, and senior leaders.

The Peregrine Platform
To deliver on the above use cases, Peregrine proposes deployment of the Peregrine platform, a web-based, CJIS- compliant software-as-a-service (SaaS) that provides a single point of access to integrate, discover, view, and analyze data from customer-defined data sources. We designed the Peregrine platform with police departments in mind, making it uniquely suited to the needs of the MPD. The platform performs several critical functions including data integration, search and information retrieval, ad vanced analytics, data management, reporting, data exchange and sharing, access control, audit logging, and security.

The Peregrine platform creates an extremely efficient method for turning large amounts of raw data into actionable information. Peregrine does not bring to nor create any new data for its customers—our platform integrates existing data and makes it available to end users in a decision-ready state.

DATA INTEGRATION & MODELING
The MPD has volumes of valuable data, but that value cannot be unlocked because data is scattered across separate systems, siloed in ways that prevent it from being understood and analyzed together. The Peregrine platform is built to rapidly integrate, clean, transform, and model large amounts of raw data from disparate systems and continuously illuminate actionable information while reducing manual processing needs.

Peregrine Unlocks Data Sources by Integrating Them into a Single, Secure Platform

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The platform securely integrates data in near-real time to ensure that users have the most current and reliable information when and where they need it. As data flows into the platform, granular security controls, retention policies, and changes from underlying systems are continuously monitored and applied.

As soon as data enters the platform, it is mapped to a n agency-specific data model that is molded to the unique operations of the MPD. This data model provides a dynamic representation of all data – entities, locations, events, and the links b etween them. Harmonizing multi-source data into one data model allows users to smoothly analyze data without requiring a technical understanding of the underlying source systems themselves.

The data model is a dynamic layer of the Peregrine platform, one that can evolve and adapt in response to changes in the MPD’s underlying data systems. Most often we find that an agency’s data needs are fundamentally dynamic, but the systems that hold the data are static; Peregrine’s data model responds dynamically to changes so that the MPD can power its operations through the Peregrine platform even as its technology infrastructure and operational needs evolve .

SEARCH & INFORMATION RETRIEVAL
Once data is integrated into the Peregrin e platform, it is immediately accessible through front -end applications. Users can easily search for data and filter based on criteria relevant for their investigations, analysis, or other workflow. The Peregrine platform is intuitive to use, allowing users with a wide range of skillsets and at a variety of technical levels to surface information that is relevant to them and streamline their unique search workflows.

The platform is designed to be walk-up usable; new users can immediately surface, analyze, a nd action data by navigating the platform’s intuitive user interface and applications . Users have multiple ways to surface and view relevant information, allowing them flexibility to approach questions and decisions in ways that best suit them. These features mean that users arrive at answers more quickly and with greater accuracy, saving time and effort.

EXPLORATION, VISUALIZATION, & REPORTING TOOLS
The Peregrine platform provides a powerful suite of tools for the exploration, visualization, and reporting of data. These tools enable users to create dynamic data products and reports— such as interactive maps, network graphs, and dashboards— that automatically update as new data flows into the platform.

Users can smoothly move data between analytical tools,
viewing the same data in different modalities without having to log into different systems or applications. For more information about some of the platform’s analysis tools, please see The Peregrine Delivery & Implementation Program
We engage with each of our partners through a firm -fixed-price annual software license agreement. That license includes all needed support to achieve project objectives.

Implementation team. Peregrine implementation teams consist of top software engineering, product development, Item Title: 10.13
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human-centered design, user engagement , and training experts. The Peregrine implementation team will partner closely with the MPD to provide use case development, data modeling, data integration, training curriculums, and continuous support. This team is committed to ensure that the Peregrine platform is quickly deployed and adopted for its intended purpose and generates outsized value for users.

Solution timeline. Peregrine’s modern data transformation technologies allow our software platform to come online in days or weeks as opposed to months or years. Once deployed, the MPD’s new data system investments can be rapidly integrated and old data systems can be sunset without losing legacy data.

Implementation model. Phase 1 of the Peregrine platform implementation consists of four steps to maximize success and impact at the outset of our partnership. These steps typically enable implementation and use within 90 days. The Peregrine implementation team will work closely with MPD to scope Phase 2 of the implementation.

Milestone Delivery Deliverable
1 – Kickoff and
Scoping
Week 2 1. Determine priority order of use groups and data integrations, to include integration of CAD data, RMS data, city GIS layers, and Flock ALPR

2. Facilitate access to data sources and initial users

3. Set up project team and steering committee
2 – Data Integration,
Data Modeling, and
User Discovery
Month 1 1. Deploy the Peregrine platform

2. Configure permission controls

3. Ingest, integrate, transform, model, and validate data sources

4. Introduce platform to the first set of users

5. Work with MPD to set up MOUs with other agencies

6. Conduct 30-day steering committee review
3 –Workflows and
Analytics
Month 2 1. Initiate user training

2. Set up secure, cross-agency data sharing

3. Develop and implement user and team-specific workflows

4. Conduct 60-day steering committee review
4 –
Operationalization
and Next Steps
Month 3 1. Continue collecting feedback and improve user workflows

2. Validate work based on actionable results

3. Identify Phase 2 scoping

4. Conduct 90-day steering committee review (quarterly thereafter)

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Project Cost
PLATFORM PRICING IN PHASE 1
Based on our understanding of the MPD’s needs for Phase 1, Peregrine proposes a firm-fixed-price software license fee of $ 100,000 per year . The standard implementation fee of $ 150,000 will be waived with a multi -year commitment. This firm -fixed-price license includes all ongoing support, data integration maintenance, workflow development, and user training to ensure that the MPD receives outsized impact from its deployment of Peregrine’s software platform. Peregrine does not charge for travel or other miscellaneous expenses.

Thus, the total due to Peregrine for years one (1) through five (5), under Phase 1 of this proposal, shall not exceed $500,000, in five (5) annual payments of $100,000.

The initial payments shall be due net 30 days from receipt of invoice.

Menifee Police Department – Detailed Cost Schedule Phase 1 Software Licensing – other than or in addition to annual subscription Not applicable Up-Front Implementation – training, us er adoption, workflow development, initial installation, data conversion, integration, modeling, etc.
$150,000 (waived)
Annual Subscription, Five ( 5) Years – includes operating and maintenance, support, data conversion, data integrations to meet project objectives

Year One $100,000
Year Two $100,000
Year Three $100,000
Year Four $100,000
Year Five $100,000
Please note that the above pricing is related to the Phase 1 scope. Phase 2 scope and pricing will be decided in the future depending on the needs of the MPD. Additionally, the pricing outlined above is based on Peregrine’s current understanding of the MPD’s anticipated scope of work and objectives and may change . Please note that purchase of Phase 1 use cases does not obligate MPD to purchase Phase 2 use cases.

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Appendix A: Select Data Analysis Tools.

PERMISSION-BASED COLLABORATION & SHARING
The Peregrine platform provides features for secure collaboration and sharing that will enable the MPD to build deeper, trusting partnerships with local and regional stakeholders , including with city leadership and the broader community. The platform’s granular access and usage control capabilities prevent unauthorized or inappropriate use or sharing of sensitive data while allowing organizations to share information with their partners in a deliberate, precise, and auditable manner. For more information on the platform’s auditing capabilities, please see Appendix B:

Privacy, Civil Liberties & Security.

Collaboration in the Peregrine platform extends beyond simple data sharing; it also allows for multiple users to work within the same application at the same time across multiple devices and locations . The platform’s collaboration features compound the value of users’ work by dynamically connecting them in real time with other users who are working with or interested in the same data. In this way, the Peregrine platform generates opportunities for users to improve the quality and speed of their answers by connecting them to users who are asking the same question.

PRIVACY, CIVIL LIBERTIES, & SECURITY AS A FIRST-ORDER PRIORITY From its founding, Peregrine has held the advancement of privacy, civil liberties, and security as a core value of our company and a core element of our platform's architecture. Robust privacy, security, and audit control features are ingrained in the back-end data integration tools and the front-end applications of Peregrine’s platform . These features enable our platform to provide outsized value at agencies like the MPD that operate inside a closed network with stringent data security requirements.

OPENNESS & INTEROPERABILITY
Openness and interoperability are non-negotiable features for modern organizations. The Peregrine platform was designed for complete system interoperability and supports the integration of any type, format, or volume of data, including data from existing MPD systems.

We have extensive experience integrating CAD/RMS systems (e.g., Central Square ), body-worn cameras and evidence capture devices (e.g., Axon), ALPR (e.g., Flock), GPS location data, real- time sensor data, case management systems, evidence management systems (e.g., Axon via evidence.com) , arrest records, search warrant data, subpoenaed data, and unstructured data such as documents, imagery, and video repositories.

Peregrine is also deployed with a suite of powerful Application Programming Interfaces (APIs) that allow the MPD to automatically move data back and forth between its many software investments.

Data source Notes
CAD/RMS Murietta PD CAD/RMS instance of Menifee PD data Date Warehouse Riverside County Sheriff’s Department – TBD on data access Evidence.com Axon BWC, evidence, ICV
ALPR Flock
Mapping Layers ArcGIS / Esri
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The Peregrine Delivery & Implementation Program
We engage with each of our partners through a firm -fixed-price annual software license agreement. That license includes all needed support to achieve project objectives.

Implementation team. Peregrine implementation teams consist of top software engineering, product development, human-centered design, user engagement , and training experts. The Peregrine implementation team will partner closely with the MPD to provide use case development, data modeling, data integration, training curriculums, and continuous support. This team is committed to ensure that the Peregrine platform is quickly deployed and adopted for its intended purpose and generates outsized value for users.

Milestone Delivery Deliverable
1 – Kickoff and
Scoping
Week 2 4. Determine priority order of use groups and data integrations, to include integration of CAD data, RMS data, city GIS layers, and Flock ALPR

5. Facilitate access to data sources and initial users

6. Set up project team and steering committee
2 – Data Integration,
Data Modeling, and
User Discovery
Month 1 7. Deploy the Peregrine platform

8. Configure permission controls

9. Ingest, integrate, transform, model, and validate data sources

10. Introduce platform to the first set of users

11. Work with MPD to set up MOUs with other agencies

12. Conduct 30-day steering committee review
3 –Workflows and
Analytics
Month 2 5. Initiate user training

6. Set up secure, cross-agency data sharing

7. Develop and implement user and team-specific workflows

8. Conduct 60-day steering committee review
4 –
Operationalization
and Next Steps
Month 3 5. Continue collecting feedback and improve user workflows

6. Validate work based on actionable results

7. Identify Phase 2 scoping

8. Conduct 90-day steering committee review (quarterly thereafter)

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Project Cost
PLATFORM PRICING IN PHASE 1
Based on our understanding of the MPD’s needs for Phase 1, Peregrine proposes a firm-fixed-price software license fee of $ 100,000 per year . The standard implementation fee of $ 150,000 will be waived with a multi -year commitment. This firm -fixed-price license includes all ongoing support, data integration maintenance, workflow development, and user training to ensure that the MPD receives outsized impact from its deployment of Peregrine’s software platform. Peregrine does not charge for travel or other miscellaneous expenses.

Thus, the total due to Peregrine for years one (1) through five (5), under Phase 1 of this proposal, shall not exceed $500,000, in five (5) annual payments of $100,000.

The initial payments shall be due net 30 days from receipt of invoice.

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Appendix A: Select Data Analysis Tools
Interactive Map. To better understand geographical assets, events, and trends, the Peregrine platform includes an interactive Map application. The Map allows users to conduct visually intuitive geographical analysis on all agency data, both historical and in real-time. Users can surface trends, make connections, filter to areas of interest, drill into specific events, particular time periods, and add new layers of relevance on top as needed.

The Map is designed for next-generation geographic contextual and situational awareness, allowing users to explore and answer specific questions with the most relevant data. The Map is intuitive for all personnel whether they are consuming pre-built analyses, conducting ad-hoc searches, or creating complex geospatial products from scratch.

Network Graph. The platform’s Network graph aids in the discovery and visualization of connections between otherwise disconnected data. The Network allows users to discover links between people, places, entities, and events across one or multiple degrees of separation. Peregrine’s platform also automatically extracts links from both structured and unstructured data to illuminate connections between people, places, events, documents, and media data without requiring manual processing. For example, an address written in narrative form within a scanned document can be automatically linked to a person living at that address or to a vehicle registered there.

Reports & Dashboards. The platform’s report and dashboard applications provide configurable, real-time executive summaries to inform situational awareness, statistical analysis, and decision making. Reports and dashboards are configurable to meet the unique needs and visual preferences of individual users. All reports and dashboards are directly connected to real-time data feeds, empowering users to drill down from high- level summary information to the most granular context with a single click. Once a user creates a dashboard, they can continue to use it indefinitely—and share it as needed.

Temporal Analysis Tool. By centralizing data—and all associated metadata—from data systems, users can understand and surface trends over time. Through an intuitive interface, users can analyze how, e.g., calls for service or types of incidents var y by day of week and time of day.

Peregrine supports robust search and query capabilities at the day of week and hour of day level, enabling users to conduct analysis over specific units, in specific shifts, at specific locations. As a result, organization can make more informed, data-backed resourcing decisions to more effectively meet mission outcomes.

Real-Time Alerting. With all data centrally located, users can receive real-time notification on new data from any source system. The Peregrine platform’s alerting technology can notify specific users if a pre-defined data entity was added or removed, viewed, downloaded, renamed, or shared. This includes geo -fenced areas or user-defined polygons. For instance, if a neighborhood is experiencing a trend in a t ype of crime, a Peregrine user can create an alert through the platform’s “follow” feature. If another similar crime occurs in the defined area, a real -time notification will be sent to all users following this alert via email, SMS, or both.

Peregrine is also delivered with extensive tabular analysis tools and a variety of other analytical capabilities.

Receive additional information on Peregrine analysis tools by reaching out to the Peregrine support team.

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Appendix B: Privacy, Civil Liberties & Security
From its founding, Peregrine has held the advancement of privacy, civil liberties, and security as a core value of our company and a core element of our platform's architecture. Robust privacy, security, and audit control features are engrained in the back-end data integration tools and the front-end applications of Peregrine’s platform.

Peregrine helps organizations build and maintain trust with their partners and communities by delivering three key platform capabilities:
• granular data security, access, and usage controls
• auditability and logging of user actions
• continuous security and CJIS compliance
Granular Data Security, Access, and Usage Controls
The Peregrine platform’s access and usage control capabilities allow organizations with stringent security requirements to share information with their partners in a deliberate, precise, and auditable manner while preventing unauthorized or inappropriate use of sensitive data.

To accomplish that, the Peregrine platform’s security model delivers precision data-handling and multi- level security capabilities that support several vital data security and privacy protections. The platform enables users with multiple and varying access permissions to interact appropriately with data in real-time, seeing only data they are authorized to see and using or sharing it only in ways for which they have authorization.

The Peregrine platform easily integrates with any existing single sign -on provider, ensuring users have a familiar, secure sign-on experience and administrators maintain single-source control over access to multiple applications within the network. The Peregrine platform is out-of-the-box compatible and easy to integrate with most identity providers, including ADFS, Okta, and PingFederate.

Auditability and Logging of User Actions
Peregrine logs all user actions that take place within the platform and maintains granular, permissioned audit trails that allow agency administrators to review and analyze all user activity . This provides organizations with comprehensive visibility, simplifies the enforcement of policies and procedures, and enhances internal reviews and investigations.

In each of these areas the Peregrine platform improves on legacy systems, which are often opaque, lack security, and are cumbersome to audit. The platform thus enables organizations to meet rising public expectations for accountability, privacy, transparency, and proper use of data.

Continuous Security and CJIS Compliance
Peregrine maintains CJIS-compliant policies and procedures for securely storing, handling, and transmitting data. By default, our platform encrypts all data both in transit and at rest and uses secure, government -accredited cloud hosting infrastructure (AWS GovCloud). Peregrine adheres to FIPS 140-2 cryptographic standards.

Peregrine provides modern as -a-service delivery and modernization of its software platform. This means that customers receive regular updates, performance improvements, bug fixes, and security patches on a continuous basis with little to no downtime or systemwide effects.

Testing standards deployed by Peregrine meet industry frameworks such as Microsoft SLDC and are designed to remediate vulnerabilities and security risks.

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Appendix C: Qualifications
These Consultant Qualifications are incorporated by reference into the Agreement.

Peregrine was founded in 2017 to help public safety professionals by connecting information from their existing data sources to bring insights together into one secure platform. Our foundin g team initially embedded full-time with Northern California public safety agencies to deeply understand the existing public safety landscape; since that time, Peregrine has contracted with multiple California agencies to deliver technology in support of t heir analytical and operational needs.

Peregrine is headquartered in San Francisco, CA. Our team has decades of experience building enterprise software alongside government and non-government entities. Peregrine has a strong financial position and no outs tanding litigation or threats of litigation.

Our work includes deployments with San Pablo (CA) Police Department, Pittsburg (CA) Police Department, Antioch (CA) Police Department, Fremont (CA) Police Department, and Albuquerque (NM) Police Department. Our professional support team has extensive experience working directly with investigators, administrative personnel, analysts, officers, and executive staff.

CITY OF MENIFEE
________________________________________________
Armando G. Villa, City Manager
Attest:

________________________________________________
Stephanie Roseen, Acting City Clerk
Approved as to Form:
_______________________________________________
Jeffrey T. Melching, City Attorney
CONSULTANT:
______________________________________________
______________________________________________
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Appendix D: Peregrine Software License Agreement Terms and Conditions These Terms and Conditions govern the provision of the services described on the attached Order Form (“ Order Form”) by Peregrine Technologies, Inc. (“Peregrine”) to you (“Customer”). By executing an Order Form with Peregrine, Customer agrees to be bound by these Terms and Conditions .

1. Definitions.
“CJIS Security Policy” means the FBI CJIS Security Policy document as published by the FBI CJIS Information Security Officer, currently located at https://www.fbi.gov/services/cjis/cjis-security-policy-resource-center. “Criminal Justice Information Services Division” or “CJIS” means the FBI division responsible for the collection, warehousing, and timely dissemination of relevant criminal justice information to the FBI and to qualified law enforcement, criminal justice, civilian, academic, employment and licensing agencies. “Customer Data” means any of Customer’s data, information, documents or electronic files that are provided to Peregrine via the Services or otherwise in connection with this Agreement, including any databases Customer procures from third party vendors for Peregrine’s integration with the Service. “Documentation” means the materials supplied by Peregrine hereunder, in any media, including any and all installer’s, operator’s and user’s manuals, training materials, guides, functional or technical specifications or other materials for use in conjunction with the Service. “Professional Services” has the meaning specified in Section 2.2. “Service” means Peregrine’s web and iOS mobile applications that assist Users with criminal investigations and police leadership decision making. For purposes of this Agreement, the Service is exclusive of Professional Services that may be rendered upon mutual agreement of the parties in accordance with Section

2.2. “SOW” has the meaning specified in Section 2.2.
“Third Party Data” means any third party databases that Peregrine licenses from third party vendors and makes accessible via the Service. For clarity, Third Party Data does not include any Customer Data. “Users” means the individuals authorized by Customer to use the Service in accordance with the terms in the Order Form (including number and type of individuals who may access the Service) and that have been supplied user identifications and passwords by Peregrine.

2. Provision of the Service and Additional Services.

2.1 Service. During the Term and subject to the terms and conditions of this Agreement, including payment of the fees set forth on the Order Form, Peregrine shall provide Customer with the right to: (a) access and use the Service for up to the number of Users set fort h in the Order Form, and (b) to download and reproduce the applicable Documentation solely for internal use in association with the Service. Peregrine shall provide Customer with authentication credentials for individual Users upon written request from aut horized personnel of Customer, (ii) onboarding and training services as set forth in the Order Form (“Onboarding and Training Services”), and (iii) telephone and standard technical support to Customer during normal business hours (“Technical Support”). Except as set forth herein, Peregrine shall, at its sole cost and expense, provide all facilities and equipment that may be necessary for Peregrine to perform the Services.

2.2 Professional Services. Except as set forth in the Order Form, in the event that Customer requests that Peregrine perform data integration, configuration or implementation services regarding the Service, including integration of Customer Data or Third Party Data and creation of specific modifications to the Service (but excluding any Onboarding and Training Services), Peregrine will discuss the scope and fees for such services Item Title: 10.13
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and, if agreed, such work will be performed pursuant to a statement of work executed by the parties and referencing this Agreement that describe such scope and fees (an “SOW,” and such services, the “Professional Services”). Any fees associated with the Professional Services shall be set forth in the applicable SOW and Customer shall pay such fees in accordance with Section 4.2 below.

2.3 Access and Policies. Customer wil l permit Peregrine access to Customer’s offices and any other facilities necessary for Peregrine to provide the Service, Onboarding and Training Services, Technical Support, and any Professional Services. Peregrine agrees to, and cause its personnel to, ab ide by Customer’s facilities access and use policies as provided by Customer to Peregrine in writing in advance of any on -site visits.

Customer will also permit and enable Peregrine to have offsite access to Customer Data and the Customer’s production pla tform for the Service in order to provide the Service, Technical Support and Professional Services. Peregrine agrees to comply with the CJIS Security Policy in connection with its access to Customer Data, including CJIS-defined policies for remote access.

2.4 Compliance with Applicable Laws. Each party and its agents shall comply with all laws applicable to the performance or receipt, as applicable, of the Services hereunder. Peregrine shall also, to the extent required by the California Labor Code, pay not less than the latest prevailing wage rates as determined by the California Department of Industrial Relations.

2.5 Licenses and Permits. Peregrine and its employees, agents, and any subcontractors have, and will maintain at their sole cost and expense, all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. In addition to the foregoing, Peregrine and any subcontractors shall obtain and maintain during the term of this Agreement valid business licenses from Customer as required by law.

2.6 Nondiscrimination and Equal Opportunity. Peregrine shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, genetic information, marital status, sex, sexual orientation, gender or gender identity, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Peregrine under this Agreement. Peregrine shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Peregrine thereby.

3. Use of Service.

3.1 Users. Customer may grant access to the Service to only the number and type of Users specified on the Order Form. Customers shall ensure that its Users do not share or transfer their User credentials to other Customer employees or any other individuals.

3.2 Customer Responsibilities. Customer is responsible for all activities that occur under User accounts.

Customer also shall: (a) ensure it has all rights necessary for Peregrine to integrate the Customer Data with the Service; (b) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Customer Data; (c) prevent unauthorized access to, or use of, the Service, and notify Peregrine immediately of any unauthorized access or use; and (d) comply with all applicable laws in using the Service.

Customer agrees to provide i ts Users with the applications necessary to run the Service as set forth in the Documentation.

3.3 Use Restrictions. Customer shall use the Service solely for its internal business purposes in accordance Item Title: 10.13
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with this Agreement. Customer shall not, and shall ens ure Users do not: (a) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party; (b) send spam or otherwise duplicative or unsolicited messages via the Service; (c) send or store infringing or unlawful material; (d) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (e) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.

3.4 CJIS Requirements. Customer certifies that it and its Users will comply with the following CJIS requirements: (a) Customer agrees to use training, policy and procedures to ensure Users use proper handling, processing, storing and communication protocols for Customer Data and any Third Party Data; (b) Customer agrees to protect the Service and any Third Party Data by monitoring and auditing staff user activity to ensure that it is only within the purview of system application development, system maintenance and the support roles assigned; (c) Customer will only provide access to the Service and any Third Party Data through Customer- managed role-based access and applied sharing rules configured by Customer; (d) Customer agrees to create and retain activity transaction logs to enable auditing by Peregrine staff, CJIS and any Third Party Data owners; (e) Customer agrees to perform independent employment background screening for its staff at Customer’s own expense; and (f) Customer agrees to reinforce staff policies for creating User accounts with only one Customer domain email address for each User, with exceptions only as granted in writing by Peregrine.

3.5 Operation Restrictions. Under certain circumstances, it may be dangerous to operate a moving vehicle while attempting to operate a laptop, mobile device or other touch screen and any of their applications.

Customer agrees that the Users will be instructed to only utilize the interface for the Service at times when it is safe to do so. Peregrine is not liable for any accident caused by a result of distraction such as from viewing the screen while operating a moving vehicle.

3.6 Customer Logo. Peregrine may use Customer’s name and logo in Peregrine’s lists of customers provided that such use will comply with any standard trademark guidelines provided by Customer to Peregrine.

4. Fees & Payment.

4.1 Fees. Customer shall pay the fees for the Service as specified in the Order Form and in any SOWs.

4.2 Payment Terms. Except as set forth on the Order Form, Customer shall pay all fees within thirty (30) days of Peregrine issuing an invoice.

4.3 Taxes. Peregrine’s fees do not include any local, state, federal or foreign taxes, levies or duties of any nature (“ Taxes”). Customer is responsible for paying all Taxes, excluding only taxes based on Peregrine’s income. If Peregrine has the legal obligation to pay or collect Taxes for which Customer is responsible under this section, the appropriate amount shall be invoiced to and paid by Customer unless Customer provides Peregrine with a valid tax exemption certificate authorized by the appropriate taxing authority.

5. Proprietary Rights.

5.1 Peregrine Technology. The Service includes (a) the Peregrine name, the Peregrine logo, and other trademarks and service marks; (b) audio and visual information, documents, software and other works of authorship, including training materials; (c) other technology, including graphical user interfaces, workflows, products, processes, algorithms, know-how and other trade secrets, techniques, designs, inventions and other tangible or intangible technical material or information provided by Peregrine under t his Agreement; and (d) the work product or other results of Professional Services (collectively, “ Peregrine Technology”). Peregrine Item Title: 10.13
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owns and shall retain all rights in the Peregrine Technology. Other than as expressly set forth Section 5.2 below, no license or other rights in or to the Peregrine Technology or related intellectual property rights are granted to Customer or Users, and all such licenses and rights are hereby expressly reserved to Peregrine. For clarity, “Peregrine Technology” does not include Customer Data.

5.2 License Grant. Peregrine grants Customer, during the term of this Agreement, a worldwide, non - exclusive, non-transferable (except in accordance with Section 12.6), non -sublicenseable right to access and use the Service, and to permit the n umber and type of Users specified on the Order Form the right to access and use the Service during the terms of the applicable User subscriptions, in each case solely in accordance with the terms of this Agreement.

5.3 License Restrictions. Customer shall not (a) modify, copy or create derivative works based on the Service or Peregrine Technology; (b) create Internet “links” to or from the Service, or “frame” or “mirror” any content forming part of the Service, other than on Customer’s own intranets; or (c) di sassemble, reverse engineer, or decompile the Service or Peregrine Technology, or (d) access the Service in order to (i) build a competitive product or service, (ii) build a product or service using similar ideas, features, functions or graphics of the Service, or (iii) copy any ideas, features, functions or graphics of the Service.

6. Data Access, Sharing and Security.

6.1 Customer Data. Peregrine may access, reproduce, and use Customer Data to provide the Service, including to provide Technical Support, Onboarding and Training Services and any Professional Services.

Customer agrees that Peregrine may generate technical logs, data and insights about Customer’s usage of the Service (e.g., frequency of logins) (“ Peregrine Insights”) and may use the Customer Data in aggregated and anonymized form that does not individually identify any person or entity, including Customer or its Users (“Aggregated Data ”) for Peregrine’s internal business purposes and to operate and improve Peregrine’s proprietary software and services, and that Peregrine shall own the Peregrine Insights and the Aggregated Data. Peregrine shall destroy Peregrine Insights and Aggregated Data on termination of this Agreement.

Peregrine may choose to terminate the provision of any Customer Data via the Service if the provision of such data may be harmful to the Service, as determined by Peregrine in its reasonable discretion.

6.2 CJIS Security Policy. Peregrine has implemented procedures to allow for adherence to the CJIS Security Policy. The hosting facility for the Service uses state-of-the-art access control technologies that meet or exceed CJIS requirements. In addition, Peregri ne has installed and configured solid network intrusion prevention appliances for adherence to CJIS requirements.

6.3 Third Party Data. Any Third Party Data that Peregrine may provide via the Service is governed by the third party owner’s retention policy. Peregrine does not provide any warranties with respect to any Third Party Data and Peregrine may choose to terminate the provision of any Third Party Data via the Service if Peregrine’s applicable rights to such Third Party Data terminate or the provision of such data may be harmful to the Service, as determined by Peregrine in its reasonable discretion.

7. Confidentiality.

7.1 Definition of Confidential Information. The term “Confidential Information” means all confidential and proprietary information of a party ( “Disclosing Party”) disclosed to the other party (“ Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement (including pricing and other terms reflected in the Order Form), the Customer Data, any Third Party Data, the Service, the Documentation, the Peregrine Technology, business and marketing Item Title: 10.13
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plans, technology and technical information, product designs, and business processes.

7.2 Confidentiality. The Receiving Party shall not disclose or use any Confidential Information of the Disclosing Party except to perform its obligations or exercise its rights under this Agreement, except with the Disclosing Party’s prior written permission on a case -by-case basis. Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind, but in no event with less than reasonable care. If the Receiving Party is compelled by law or a government authority to disclose Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent practicable and legally permitted) and reasonable assistance, at Disclosing Party’s cost, if the Disclosing Party wishes to contest the disclosure.

7.3 Exceptions. The parties’ obligations in Section 7.2 shall not apply to any information that: (a) is or becomes publicly available without breach of any obligation owed to the Disclosing Party; (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party; (c) was independently developed by the Receiving Party without breach of any obligation owed to the Disclosing Party; or (d) is received from a third party without breach of any obligation owed to the Disclosing Party.

7.4 California Public Records Act. Peregrine acknowledges that Customer is a public entity governed by the California Public Records Act and that nothing in this Section 7 shall prevent Customer from disclosing Confidential Information for purposes of complying with the California Public Records Act.

7.5 Remedies. If the Receiving Party discloses or uses (or threatens to disclose or use) any Confidential Information of the Disclosing Party in breach of this Section 7, the Di sclosing Party shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that such unauthorized disclosure or use may cause irreparable harm to the Disclosing Party for which any other available remedies are inadequate.

8. Warranties & Disclaimers.

8.1 Warranties. Each party represents and warrants that it has the legal power and authority to enter into this Agreement. Peregrine represents and warrants that (i) it will provide the Service in a professional manner consistent with the standards observed by a competent practitioner of the profession in which Peregrine is engaged, and (ii) the Service will perform in accordance with and otherwise substantially conform to its associated documentation.

8.2 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 8.1, AND WITHOUT LIMITING PEREGRINE’S

OBLIGATIONS SPECIFIED IN THIS AGREEMENT, PEREGRINE MAKES NO WARRANTY OF ANY KIND, WHETHER

EXPRESS, IMPLIED, STATUTORY, O R OTHERWISE WITH RESPECT TO THE SERVICE, THE PEREGRINE

TECHNOLOGY, ANY THIRD PARTY DATA AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT. PEREGRINE HEREBY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

9. Indemnification.

9.1 General Indemnification by Peregrine. Peregrine shall at its expense defend Customer and its officers, directors, offici als, agents, volunteers and employees (“ Customer Indemnified Parties ”) against any claim made or brought against any Customer Indemnified Party by a third party (A) arising out of or in connection Item Title: 10.13
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with Peregrine’s negligence or willful misconduct in the performance of the Services under this Agreement, or its failure to comply with any of its obligations contained in this Agreement, or its failure to comply with any applicable law or regulation, except to the extent any such claim is caused by the negligenc e or willful misconduct of Customer, or (B) alleging that the Service as provided to Customer hereunder infringes any U.S. intellectual property rights of a third party (each, a “Customer Claim”), and shall indemnify and hold Customer Indemnified Parties harmless from and against any and all liability, loss, damage, claims, expenses, and costs, including without limitation, attorney’s fees, awarded by a court or agreed to by Peregrine in a settlement with respect to such Customer Claim; provided, that Customer (a) promptly gives written notice of the Customer Claim to Peregrine; (b) gives Peregrine sole control of the defense and settlement of the Customer Claim (provided that Peregrine may not agree to any settlement that imposes any liability or obligation on Customer); and (c) provides to Peregrine, at Peregrine’s cost, all reasonable assistance. Peregrine shall have no obligation under this Section 9.1 or otherwise regarding claims that arise from or relate to (i) Customer’s use of the Service other than as contemplated by this Agreement, (ii) any modifications to the Service made by any entity other than Peregrine, (iii) any combination of the Service with services or technologies not provided by Peregrine, or (iv) Customer’s use of the Service or porti on thereof after Peregrine has terminated this Agreement or such portion of the Service in accordance with this Section 9.1. If in Peregrine’s opinion a Customer Claim is likely to be made, or if an existing Customer Claim may cause Peregrine liability, Pe regrine may in its discretion (x) obtain a license to enable Customer to continue to use the potentially infringing portion of the Service, (y) modify the Service to avoid the potential infringement, or (z) if the foregoing cannot be achieved after using reasonable commercial efforts, terminate the Agreement or the license to the infringing portion of the Service and refund the amount of any pre-paid fees applicable to the portion of the terminated Services to be provided after the termination date.

9.2 PERS Indemnification by Peregrine. In the event that Peregrine or any employee, agent, or subcontractor of Peregrine providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS as an employee of Customer, at Peregrine shall indemnify, defend, and hold harmless Customer for the payment of any employee and/or employer contributions for PERS benefits on behalf of Peregrine or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of Customer..

10. Limitation of Liability.

10.1 Exclusion of Consequential and Related Damages. IN NO EVENT S HALL EITHER PARTY HAVE ANY

LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF USE, COSTS OF PROCUREMENT OF

SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, MULTIPLE, EXEMPLARY,

PUNITIVE, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER

ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

11. Term & Termination.

11.1 Term of Agreement. This Agreement commences on the Effective Date and continues for the duration of the term set forth on the Order Form (“Term”), unless earlier terminated in accordance with the Order Form or Section 11.2

11.2 Termination for Cause. A party may terminate this Agreement for cause upon thirty (30) days written notice of a material breach to the other party if such breach remains uncured at the expiration of such period.

Termination shall not relieve Customer of the obligation to pay any fees accrued or payable to Peregrine prior to the effective date of termination. Notwithstanding the foregoing, if Customer terminates the Agreement Item Title: 10.13
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pursuant to this Section 11.2 Peregrine will refund pro-rata share of Service Fee.

11.3 Data. Upon expiratio n or termination of this Agreement, Peregrine shall have no obligation to maintain or provide any Customer Data or Third Party Data. Unless legally prohibited, Peregrine shall delete all Customer Data in its systems or otherwise in its possession or under its control. Notwithstanding the foregoing or any other provision of this Agreement, Peregrine may use in perpetuity any Aggregated Data.

11.4 Survival. The following provisions shall survive termination or expiration of this Agreement: Sections 4, 5 (excluding Section 5.2), 6.1, 6.3, 7, 8, 9, 10, 11.3, 11.4, and 12.

12. General Provisions.

12.1 Insurance. Peregrine shall maintain the insurance coverages described in the attached document entitled, “City of Richmond – Insurance Requirements: Professional Services Contractors.”

12.2 Relationship of the Parties. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third -party beneficiaries to this Agreement. At all times during the term of this Agreement, Peregrine shall be an independent contractor and shall not be an employee of Customer. Except as Customer may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of Customer in any capacity whatsoever as an agent. Peregrine shall have no authority, express or implied, pursuant to this Agreement to bind Customer to any obligation whatsoever.

12.3 Conflict of Interest. Peregrine may serve other clients, but none whose activities within the corporate limits of Customer or whose business, regardless of location, would place Peregrine in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Peregrine shall not employ any Customer official in the work performed pursuant to this Agreement. No officer or employee of Customer shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

12.4 Peregrine’s Books and Records. Peregrine shall maintain any and all records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the Customer under this Agreement for a minimum of 3 years, or for any longer period required by law, from the date of final payment to the Peregrine to this Agreement. All such records shall be maintained in accordance with generally accepted standards and shall be made available for inspection, audit, and/or copying during regular business hours, upon written request of the Customer. Pursuant to Government Code Section 8546.7, the Agreement may be subject to the examination and audit of the State Auditor for a period of 3 years after final payment under the Agreement.

12.5 Force Majeure. Neither party shall be liable by reason of any failure or delay in performance of its obligations under this Agreement (except for the payment of money) on account of events beyond the reasonable control of such party, which may include Internet denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, and material shortages (each, a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, the non-performing party will be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues and such party continues to use commercially reasonable efforts to resume performance.

12.6 Federal Government. Any use, copy or disclosure of the Service by the U.S. Government is subject to restrictions as set forth in this Agreement and as provided by DFARS 227.7202 -1(a) and 227.7202-3(a)(1995), Item Title: 10.13
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DFARS 252.227-7013(c)(1)(ii)(October 1998), FAR 12.212(a)(1995), FAR 52.227 -19, or FAR 52.227(ALT III), as applicable.

12.7 Notices. All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (a) personal delivery; (b) the second business day after mailing; (c) the second business day after sending by confirmed facsimile; or (d) after confirmed receipt of an email. Notices to Peregrine shall be addressed to the attention of Nick Noone, CEO, Peregrine Technologies, [email protected], with a copy to [email protected]. Notices to Customer are to be addressed to the individual identified in the Order Form.

12.8 Waiver; Cumulative Remedies Severability. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of tha t right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity. If any provision of this Agreement is held by a court of competent jurisdiction to b e contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.

12.9 Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior express written consent of the other party. Notwithstanding the foregoing, Peregrine may assign this Agreement, together with all rights and obligations hereunder, without consent of Customer, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets that relate to this Agreement. Any attempt by a party to assign its rights or obligations under this Agreement in breach of this section shall be void and of no effect. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns.

12.10 Governing Law. This Agreement shall be governed by the laws of California. The state courts located in Contra Costa County, CA or in the United States District Court for the Northern District of California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts provided that nothing in this Section 12.10 prohibits either party from seeking or obtaining in any jurisdiction i njunctive or similar relief in connection with the enforcement of this Agreement.

12.11 Construction. The division of this Agreement into Sections and the insertion of captions and headings are for convenience of reference only and will not affect the construction or interpretation of this Agreement.

The terms “this Agreement,” “hereof,” “hereunder” and any similar expressions refer to this Agreement and not to any particular Section or other portion hereof. The parties hereto agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this Agreement. As used in this Agreement, the words “include” and “including,” and variations thereof, will be d eemed to be followed by the words “without limitation” and “discretion” means sole discretion

12.12 Entire Agreement. This Agreement constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals or repr esentations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation (excluding the Order Form) shall be incorporated into or form any part of this Agreement, and all such terms or conditions are hereby rejected and shall be null and void.

Item Title: 10.13
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RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA, AMENDING THE FISCAL YEAR 2022/23 OPERATING BUDGET
WHEREAS, the City of Menifee, California adopted a budget for the fiscal year 2022/23 with Resolution No. 22-1157 on June 1st , 2022; and
WHEREAS, from time to time the City of Menifee receives unanticipated revenues, experiences unanticipated expenditures, and/or identifies alternative funding sources; and WHEREAS, it is in the best interest of the citizens of the City of Menifee to allocate budget resources to continue the operations of the City of Menifee; and WHEREAS, the City Council of the City of Menifee needs to amend the fiscal year 2022/23 budget as follows:

AMENDMENTS TO ADOPTED BUDGET:

IT Fund 110 Adopted FY 2022/23 Revenue Budget: $4,797,465

1. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
TOTAL:

Amended IT Fund 110 FY 2022/23 Revenue Budget: $4,797,465 IT Fund Adopted FY 2022/23 Expenditure Budget: $5,932,274

2. Record Appropriation(s):

CITY COUNCIL
MEETING DESCRIPTION ACCOUNT # AMOUNT
August 17, 2022 Peregrine Software 110-4911-51353 $100,000 TOTAL: $100,000
Amended IT Fund 110 FY 2022/23 Expenditure Budget: $6,032,274

3. Record Transfer of Funds:

FROM ACCOUNT # TO ACCOUNT # AMOUNT
TOTAL:

Item Title: 10.13
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Amending the Fiscal Year 2022/23 IT Fund 110 Budget
Peregrine Technologies, Inc.
2 4
5 3
1 0

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES HEREBY RESOLVE AS FOLLOWS:

The annual budget for the IT Fund for the City of Menifee for fiscal year 2022/23 is hereby increased and mended to reflect unanticipated revenues and expenditures as follows:

Revenues:

Amended IT Fund 110 FY 2022/23 Budget: $4,797,465

Expenditures:

Peregrine Software $100,000
Amended IT Fund 110 FY 2022/23 Budget: $6,032,274
PASSED, APPROVED AND ADOPTED this 17th day of August 2022. _____________________________
Bill Zimmerman, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________________ ____________________________ Stephanie Roseen, Acting City Clerk Jeffrey T. Melching, City Attorney Item Title: 10.13
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CITY OF MENIFEE
SUBJECT: Memorandums of Understanding with the Menifee City Employees Association, General, Mid-Management and
Professional Units
MEETING DATE: August 17, 2022
TO: Mayor and City Council
PREPARED BY: Rochelle Clayton, Assistant City Manager
REVIEWED BY: Rochelle Clayton, Assistant City Manager
APPROVED BY: Armando G. Villa, City Manager
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RECOMMENDED ACTION

1. Adopt a resolution approving a successor Memorandum of Understanding (MOU) between the City and the Menifee City Employees Association (MCEA), General Unit, for the period of July 1, 2022 through June 30, 2024; and

2. Adopt a resolution approving a successor MOU between the City and the MCEA, Mid- Management Unit, for the period of July 1, 2022 through June 30, 2024; and

3. Adopt a resolution approving a successor MOU between the City and the MCEA, Professional Unit, for the period of July 1, 2022 through June 30, 2024; and

4. Authorize the City Manager or designee to execute and implement terms of the MOU and resolutions.

DISCUSSION
The preceding MOUs between the City of Menifee (City) and the Menifee City Employees Association (MCEA), General, Mid-Management and Professional Units expired on June 30, 2022. The City negotiation team had numerous communication exchanges and meetings with the MCEA representatives from all Units beginning in April 2022.

This is an unprecedented year for cities as well as the county, state, and country as a whole, with extraordinary inflation of gas, food, and essential goods, and the local consumer price index (CPI) drastically increasing from a pre-COVID 2019 average of 2.6% - 3.1% to 10% in 2022.

Accordingly, while the City cannot afford to keep up with that type of inflation, the City has negotiated some immediate relief for employees by way of an inflation stipend, or one-time Item Title: 10.14
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City of Menifee Staff Report
MOU with MCEA, General, Mid-Management & Professional Units August 17, 2022

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payment. With interest rates rising as a mechanism to slow inflation, it is anticipated that a reduction in CPI and cost of living will occur over the next one to two years and the market will stabilize. With that in mind, this agreement is for two years and all parties have come to agreement with all changes as indicated in the attached MOUs between the City and MCEA Units. The primary changes are summarized as follows:

Major Deal Points
▪A two-year term from July 1, 2022 through June 30, 2024, retroactive upon adoption. ▪Effective July 1, 2022 and 2023, all represented employees shall receive a cost of living adjustment (COLA) of 4%.
▪An Inflation Stipend in the amount of $2,500 shall be issued to each represented employee, employed on July 1, 2022 and/or on the date of Council ratification. ▪Bilingual Pay increase of $50 per month.
▪Retention incentive of longevity pay in the amounts of an additional 3% for 10+ years, 4% for 15+ years and 5% for 20+ years of service with the City. ▪Retention incentive of Sick Leave bank balance conversion to a Retirement Medical Trust – upon retirement from the City, employee may receive a payment of the balance (at retirement) into a Retirement Medical Trust at the rate up to the amount of 25% of balance for 10 years of service; 50% for 15 years of service; and 75% for 20 years of service. ▪Remove the Holiday on the 2 nd Monday in October (Columbus Day) in exchange for the closure of non-public safety City Facilities from December 24th to January 2nd. ▪Vacation accrual rate increase of 40 hours per year for employees with 10+ years of service.
▪An increase in annual administrative leave of 10 hours per year for Professional and Mid- Management units.
▪Compensated Time Off (CTO) cap, in lieu of overtime, shall increase to 120 hours.

The MCEA MOU 2022-2024 for each Unit represents the full and complete negotiated and agreed upon MOU. Upon approval of the tentative agreement for the MOU and adoption of the attached Resolutions, the MCEA MOUs for General, Mid-Management and Professional Units shall be ratified and fully executed.

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Background
Section 3505.1 of the Meyers-Milias-Brown Act provides that "If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding". Once approved by the governing body of a local agency, a memorandum of understanding becomes a binding agreement between the employee organization and the local agency.

STRATEGIC PLAN OBJECTIVE
Responsive and Transparent Community Government

FISCAL IMPACT
The negotiated changes for the MCEA MOUs (all Units) salary and benefits outlined in the MOUs are included in the City’s adopted budgets for fiscal year 2022-23 and result in a fiscal impact of approximately $1.2 million. The compensation schedule (Authorized Positions & Compensation) shall be adjusted accordingly.

ATTACHMENTS

1. Resolution Approving Memorandum of Understanding – General Unit

2. Memorandum of Understanding, CEA General Unit

3. Resolution Approving Memorandum of Understanding – Mid-Management Unit

4. Memorandum of Understanding, CEA Mid-Management Unit

5. Resolution Approving Memorandum of Understanding – Professional Unit

6. Memorandum of Understanding, CEA Professional Unit
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1 RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,

APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE

MENIFEE CITY EMPLOYEES ASSOCIATION, GENERAL UNIT FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2024
WHEREAS, the City of Menifee (“City”) has formally recognized the Menifee City Employees Association (“MCEA”) General Unit as the exclusive employee organization for the non-police department general employees bargaining unit; and
WHEREAS, the prior Memorandum of Understanding (“MOU”) between the City and the MCEA General Unit expired on June 30, 2022; and
WHEREAS, the City and MCEA General Unit have successfully met and conferred to reach a Tentative Agreement for a Successor MOU between the City and the MCEA General Unit employees for the period of July 1, 2022 through June 30, 2024, attached hereto, pursuant to the Meyers-Milias-Brown Act ("MMBA")(Gov't Code Sections 3500-3511); such MOU is attached to this Resolution as “Exhibit A” and incorporated herein by this reference; and
WHEREAS, MMBA Section 3505.1 provides that:
"If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding"; and WHEREAS, the City labor representatives and the MCEA General Unit representatives have also jointly and concurrently prepared a proposed successor MCEA General Unit Memorandum of Understanding for the period July 1, 2022 through June 30, 2024, where once approved by the governing body of a local agency becomes a binding agreement between the employee organization and the local agency.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Menifee, California does hereby DETERMINE and ORDER as follows:

Section 1. That the City Council approves the Memorandum of Understanding between the City and the Menifee City Employees Association General Unit for the period July 1, 2022 through June 30, 2024, a full copy of which is attached hereto as “Exhibit A” and by this reference made a part hereof.

Section 2. That the City Council authorize the City Manager or designee to execute and implement terms of the Memorandum of Understanding between the City and Menifee City Employees Association General Unit for the period of July 1, 2022 through June 30, 2024.

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City of Menifee
Resolution Approving MCEA General MOU 2022-2024
2 PASSED, APPROVED AND ADOPTED this 17th day of August, 2022 ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
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MEMORANDUM OF

UNDERSTANDING
Between
City of Menifee
And
Menifee City Employees’ Association
(General Unit)
July 1, 2022 – June 30, 2024
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City of Menifee i MCEA – General Unit

TABLE OF CONTENTS
ARTICLE 1. MEMORANDUM OF UNDERSTANDING................................................................

1.1 Parties to memorandum of Understanding ..............................................................

1.2 Governing Statute.....................................................................................................

1.3 Term..........................................................................................................................

1.4 Labor Committee Review..........................................................................................

ARTICLE 2. RECOGNITION AND DESCRIPTION OF BARGAINING UNIT ....................................

2.1 Recognition ...............................................................................................................

2.2 Description of Bargaining Unit ..................................................................................

2.3 Members on Leave of Absence.................................................................................

2.4 Proposed Changes ....................................................................................................

ARTICLE 3. PURPOSE ............................................................................................................

3.1 Purpose .....................................................................................................................

ARTICLE 4. NON-DISCRIMINATION .......................................................................................

4.1 Protection of Rights ..................................................................................................

4.2 Equal Protection of Rights.........................................................................................

ARTICLE 5. EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES ............................

5.1 Dues and Benefit Deductions Program.....................................................................

5.2 Maintenance of Membership ...................................................................................

5.3 Representational Time-Off........................................................................................

5.4 Bulletin Boards..........................................................................................................

5.5 Association Access to New Employees .....................................................................

5.6 Representational Information...................................................................................

ARTICLE 6. CITY MANAGEMENT RIGHTS ...............................................................................

6.1 Management Rights..................................................................................................

ARTICLE 7. AMENDMENTS TO PERSONNEL RULES AND REGULATIONS .................................

7.1 Amendments.............................................................................................................

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7.2 Electronic Posting......................................................................................................

ARTICLE 8. PEACEFUL PERFORMANCE OF CITY SERVICES ......................................................

8.1 No strikes or Concerted Activities.............................................................................

8.2 Violations ..................................................................................................................

8.3 Prompt Disavowal by Association.............................................................................

ARTICLE 9. SALARIES AND COMPENSATION..........................................................................

9.1 Class and Compensation Study .................................................................................

9.2 Cost of Living.............................................................................................................

9.3 Inflation Stipend........................................................................................................

9.4 Overtime ...................................................................................................................

9.5 Standby Pay...............................................................................................................

9.6 Meal Allowance.........................................................................................................

9.7 Certificate Pay...........................................................................................................

9.8 Longevity Pay ............................................................................................................

9.9 Bilingual Pay..............................................................................................................

9.10 Tool Allowance..........................................................................................................

9.11 Boot Allowance .........................................................................................................

9.12 Cell Phones................................................................................................................

9.13 Life Insurance............................................................................................................

9.14 Health Insurance .......................................................................................................

9.15 Cash in Lieu of Medical Insurance Phase Out ...........................................................

9.16 Retirement ................................................................................................................

9.17 Deferred Compensation............................................................................................

9.18 Flexible Spending Account/Dependent Care ............................................................

9.19 Education Reimbursement .......................................................................................

9.20 Computer Loan Program...........................................................................................

ARTICLE 10. CHANGES TO POSITIONS .....................................................................................

10.1 Transfers ...................................................................................................................

10.2 Reclassification of City’s Personnel Rules & Regulations..........................................

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10.3 Demotions.................................................................................................................

10.4 Lay-Offs .....................................................................................................................

10.5 Bumping....................................................................................................................

10.6 Reinstatement From Lay-Off.....................................................................................

10.7 Separations ...............................................................................................................

10.8 Reinstatement...........................................................................................................

ARTICLE 11. GENERAL EMPLOYMENT MATTERS .....................................................................

11.1 Hours of Work...........................................................................................................

11.2 Meals and Break Periods...........................................................................................

11.3 Timekeeping..............................................................................................................

11.4 Attendance................................................................................................................

11.5 Employee Performance Evaluation...........................................................................

11.6 Employee Wellness Program ....................................................................................

ARTICLE 12. LEAVE OF ABSENCE .............................................................................................

12.1 Eligibility for Paid Leave of Absence .........................................................................

12.2 Vacation ....................................................................................................................

12.3 Pay In Lieu of Vacation Leave (Buy Back)..................................................................

12.4 Buy Back Guidelines..................................................................................................

12.5 Vacation Leave — Separation from the City .............................................................

12.6 Holidays.....................................................................................................................

12.7 Floating Holiday and Wellness Day ...........................................................................

12.8 Sick Leave..................................................................................................................

12.9 Jury Duty and Witness Leave ....................................................................................

12.10 Military Leave............................................................................................................

12.11 Bereavement Leave ..................................................................................................

12.12 Leave of Absence Without Pay .................................................................................

12.13 Administrative Leave ................................................................................................

ARTICLE 13. DISCIPLINARY ACTION.........................................................................................

13.1 Policy on Discipline ...................................................................................................

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13.2 Notice of Proposed Discipline ...................................................................................

13.3 Appeal of Disciplinary Action ....................................................................................

13.4 Causes for Discipline .................................................................................................

ARTICLE 14. GRIEVANCE PROCEDURE .....................................................................................

14.1 Early Resolution ........................................................................................................

14.2 Definitions.................................................................................................................

14.3 Level One – Informal Review ....................................................................................

14.4 Level Two – Formal Review.......................................................................................

14.5 Level Three................................................................................................................

14.6 Level Four – Arbitration ............................................................................................

14.7 General Provisions ....................................................................................................

14.8 Authority of Third Party ............................................................................................

14.9 No Retaliation ...........................................................................................................

ARTICLE 15. REOPENER
ARTICLE 16. RATIFICATION AND IMPLEMENTATION ...............................................................

16.1 Ratification and Implementation ..............................................................................

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City of Menifee 1 MCEA – General Unit
ARTICLE 1. MEMORANDUM OF UNDERSTANDING

1.1 Parties to Memorandum of Understanding
This Memorandum of Understanding (“MOU”) is made and entered into by and between the City of Menifee, a Municipal Corporation (“City”), and the Menifee City Employees’ Association (“Association”).

1.2 Governing Statute
This MOU is entered into pursuant to the Meyers-Milias-Brown Act (“MMBA”), Government Code Section 3500 et seq.

1.3 Term
This MOU shall remain in full force and effect from July 1, 2022 through June 30, 2024. This MOU is a two-year agreement with no reopeners except as stated herein or otherwise by mutual agreement. Should any other non-sworn bargaining unit receive additional compensation in the way of base salary increase, one-time stipend or cafeteria contribution increase above the Association, that compensation will be provided without further need to meet and confer. If there is a change in state or federal law after the ratification and adoption of this MOU, which results in a direct and irreconcilable conflict with any specific term of this MOU, at the request of either party, the City and the Association shall negotiate over the effected specific term.

1.4 Labor Committee Review

1.4.1 City and Association shall begin meeting monthly beginning September 2022. Items to be negotiated include the following:

1.4.1.1 4/10 work schedule option

1.4.1.2 Teleworking policy

1.4.1.3 Employee rewards program
ARTICLE 2. RECOGNITION AND DESCRIPTION OF BARGAINING UNIT

2.1 Recognition
The City recognizes the Menifee City Employees’ Association as the exclusive representative of the General Unit in accordance with the April 4, 2017 Item Title: 10.14
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City of Menifee 2 MCEA – General Unit
Certification of Representative by the Public Employment Relations Board (“PERB”).

2.2 Description of Bargaining Unit
The description of the bargaining unit (“Unit”) is contained in Appendix A attached to this MOU, and incorporated herein by reference. Appendix A is a copy of PERB’s Certification of Representative in Case No. LA-RR-1259-M. Unit members include the following represented classifications:

Accountant Trainee
Accounting Assistant
Accounting Technician I/II
Administrative Assistant
Assistant Engineer
Assistant Planner
Associate Engineer
Associate Planner
Building Inspector
Building Permit Technician
Cashier
Code Enforcement Officer I/II
Code Enforcement Technician
Community Services Coordinator
Contract/Purchasing Specialist
Contract/Purchasing Technician I/II
Deputy City Clerk
Engineering Technician I
Facilities Maintenance Worker I/II
Fleet Services Worker I
Fleet Technician
Management Aide
Media & Production Coordinator
Media Specialist
Office Specialist I/II
Park Maintenance Worker I/II
Park Ranger
Permit Technician
Planning Technician
Plans Examiner
Public Information Specialist
Public Works Inspector I/II
Receptionist
Records Technician
Sr. Accounting Technician
Sr. Building Inspector
Sr. Code Enforcement Officer
Sr. Facility Maintenance Worker
Sr. Fire Permit Technician
Sr. Fleet Technician
Sr. Park Maintenance Worker
Sr. Public Works Inspector
Sr. Street Maintenance Worker
Street Maintenance Worker I/II

2.3 Members on Leave of Absence
Bargaining unit members on an authorized leave of absence shall remain members of the bargaining unit during such leave of absence.

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2.4 Proposed Changes
The City and the Association agree to attempt to resolve any proposed changes to the description of the bargaining unit before requesting PERB to intervene in such issues.

ARTICLE 3. PURPOSE

3.1 Purpose
It is the purpose of this MOU to promote and provide for harmonious relations, cooperation, and understanding between the City and the employees covered herein, to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under this “MOU”, and to set forth the understanding and agreement of the parties reached as a result of good faith negotiations.

ARTICLE 4. NON-DISCRIMINATION

4.1 Protection of Rights
The parties mutually recognize and agree to fully protect the rights of all employees to join and participate in the activities of the Association, and to have the Association represent them in their employment relations with the City. It is further agreed that nothing herein shall prohibit an employee from representing themself individually or appearing on their own behalf with the City. No employee shall be intimidated, coerced, restrained, or discriminated against because of the exercise of these rights.

4.2 Equal Protection of Rights
The provisions of this MOU shall be applied equally to all employees, and no person shall be benefited or discriminated against in any manner based on a protected characteristic which is inconsistent with the standards set forth in federal and California anti-discrimination statutes or with any Ordinance, Resolution, or Personnel Rule or Regulation of the City. Alleged violations of this Section 4.2 are not grievable under the MOU’s Grievance Procedure (“Article 14”).

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pursue alleged discrimination through procedures established by California or federal statutes and regulations.

ARTICLE 5. EMPLOYEE ORGANIZATIONAL RIGHTS AND RESPONSIBILITIES

5.1 Dues and Benefit Deductions Program

5.1.1 The City shall deduct Association dues from the pay of Association members. The amounts to be deducted for Association dues shall be certified to the City by the designated Association official. The deductions shall be forwarded to the designated Association official within ten (10) calendar days of deduction.

5.1.2 The Association hereby agrees to indemnify and hold the City harmless for any loss or damages, claims, or causes of action, arising from the operation of this provision of the MOU.

5.2 Maintenance of Membership

5.2.1 Subject to applicable law, all regular, full-time unit employees who, on the effective date of this Agreement are members of the Association in good standing, and all employees who thereafter become members, shall maintain their membership with the Association in good standing during the term of this Agreement. However, employees shall have the right to resign their membership during the month of December of any year. Unit employees may exercise their rights to resign by notice in writing to the Association during this period.

5.3 Representational Time Off

5.3.1 Pursuant to relevant Government Code Sections, the City shall allow a reasonable number of Association employee representatives four (4) hours of time off per fiscal year without loss of compensation or other benefits while formally meeting and conferring with representatives of the City on matters within the scope of representation as defined in the Government Code, or as may be required under Article 5.6, or Article 14, Grievance Procedure.

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5.4 Bulletin Boards

5.4.1 A reasonable number of bulletin boards will be provided by City in a non- public location upon which the Association may post notices of official Association business which may include recreational and social affairs, notices of meetings, benefit programs, trips, elections, appointments, and results of elections, bulletins of employee rights, notices of City Council actions, notices of employer/employee-relations updates, and reports of grievance and arbitration matters, provided that any notice must be on official Association-identified paper and a copy sent to the Human Resources Manager prior to posting. Each item to be posted shall have a remove- by-date, except for those items designated by the Association for permanent posting. No Department shall arbitrarily remove said posting without consent of the Association (except for dated material). In any event, no posting shall contain any vulgar, profane or malicious material or derogatory statement about any City employee or elected official, and no campaign information shall be posted except for the internal Association elections. The posting of any other classes of notices at City workstations or premises is prohibited without the prior permission of the City Manager or the Human Resources Department.

5.5 Association Access to New Employees

5.5.1 The City shall designate the appropriate new employee(s) orientation meeting where one Association employee member may meet with new Association represented employee(s) for up to thirty (30) minutes to provide information to the new employee(s).

5.5.2 Pursuant to AB 119, the City agrees to provide no less than 10-days’ notice in advance of any new employee orientations and provide the Association mandatory access to the orientation(s). Orientation refers to any onboarding process, whether in person, online or through other means.

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Access shall be determined by the Association, which could mean representational attendance or correspondence.

5.5.3 The City retains the exclusive right to have one meeting for the purposes of this section in cases where multiple employees have been hired.

5.6 Representational Information

5.6.1 Pursuant to AB 119, the City agrees to provide the Association with the name, job title, department, work location, and work telephone number of newly hired employees within 30-days of the date of hire. The City also agrees to provide the Association with the name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses and home address of all bargaining unit employees every 120 days.

5.6.2 Investigations

5.6.2.1 An employee required to attend an investigatory interview with the employee’s supervisor(s) is entitled to Association representation where the employee has a reasonable basis to believe that he or she may be disciplined as a result from the meeting. The employee must request Association representation. The right to Association representation generally does not apply to an investigatory meeting concerning solely another employee’s conduct where the employee questioned at the meeting is merely a witness to the incident or has possible knowledge of the incident. The right to Association representation does not apply in coaching and mentoring sessions, or where the employee is given work performance direction, assistance or guidance from their supervisors.

ARTICLE 6. CITY MANAGEMENT RIGHTS

6.1 Management Rights
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6.1.1 The City reserves, retains, and is vested with all rights to manage the City.

The constitutional, statutory, or inherent rights, powers, authority, and functions shall remain exclusively vested with the City pursuant to Government Code Section 3500 et seq. These rights include but are not limited to the following:

6.1.1.1 Manage the City.

6.1.1.2 Determine the necessity, organization, and standards to implement any service or activity conducted by the City.

6.1.1.3 Recruit, select, hire, evaluate, promote, and discipline.

6.1.1.4 Determine and/or change the City facilities, methods, technology, equipment, and apparatus.

6.1.1.5 Determine and/or change the size and composition of the City work force and assign work to employees.

6.1.1.6 Determine the issues of public policy and the overall mission of the City.

6.1.1.7 Maintain order and efficiency in City facilities and operations.

6.1.1.8 Establish and promulgate and/or modify rules and regulations, policies and procedures related to safety and health in the City, and to require compliance therewith.

6.1.1.9 In the case of an emergency (act of God, war, or riot), suspend the provisions of this Agreement.

6.1.1.10 All rights, powers, authority, and functions of management, whether heretofore or hereinafter exercised, shall remain vested exclusively with the City.

ARTICLE 7. AMENDMENTS TO PERSONNEL RULES AND REGULATIONS

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force and effect during the term of this MOU. Before any new or subsequent amendments to the City’s Personnel Rules & Regulations directly affecting wages, hours, and terms and conditions of employment are implemented, the City shall meet and confer with Association regarding the changes in accordance with Government Code section 3500, et seq. Nothing provided herein shall prevent the City from implementing new or modified Personnel Rules & Regulations during the term of MOU, provided it has met and conferred with Association as required by law.

7.2 Electronic Posting
The City’s Personnel Rules & Regulations are posted on the Human Resources link on the City of Menifee webpage. These Personnel Rules & Regulations address the following general categories which are not covered in the MOU:

7.2.1 Personnel system, Classification plan and selection process, appointments, changes to positions, general employment matters, donated leave for catastrophic illness or injury, and workers compensation.

ARTICLE 8. PEACEFUL PERFORMANCE OF CITY SERVICES

8.1 No Strikes or Concerted Activities
For the life of the MOU, the Association, its officers, and/or members agree that they will not cause, condone, or participate in any concerted activity which affects the performance of their assigned duties and responsibilities. This shall include the withholding of services or other interference with City operations, including compliance with the request of other employees and/or labor organizations to engage in said activities.

8.2 Violations
The City may take whatever action is deemed appropriate provided it does not violate any employee’s rights under applicable statutes.

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and request the employee(s) to return to work and attempt to bring about prompt resumption of normal City operations. The Association shall notify the City shortly thereafter as to the measures taken to comply with these provisions.

ARTICLE 9. SALARIES AND COMPENSATION

9.1 Class and Compensation Study
The City will hire a consultant to conduct a classification and compensation study to be completed by June 30, 2023. Additional items to be included in the review are an employee survey, education incentive pay and City matching deferred compensation contributions.

9.1.1 Job Series Development

9.1.1.1 Job descriptions shall be updated by Human Resources to allow for a job-series and promotional opportunities within a series.

9.2 Cost of Living Adjustment

9.2.1 Effective July 1, 2022, all employees in unit represented by Association shall receive a cost of living base salary increase of four percent (4%).

9.2.2 Effective July 1, 2023, all employees in unit represented by Association shall receive a cost of living base salary increase of four percent (4%).

9.3 Inflation Stipend

9.3.1 Effective July 1, 2022, unit employees shall receive a one-time Inflation Stipend in the amount of $2,500 which shall be issued to all full-time employees employed on July 1, 2022 and/or on the date of MOU ratification.

9.4 Overtime

9.4.1 As a matter of general policy, the City does not permit employees to work overtime unless there are exceptional circumstances. The City generally will provide adequate staff to handle normal operations as needed.

9.4.2 All overtime work must have the approval of the appropriate Supervisor prior to actual performance of the work. Failure to obtain such approval in Item Title: 10.14
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advance shall be justification for discipline. The employee will be paid for all overtime hours worked regardless of disciplinary actions.

9.4.3 All non-exempt employees shall be compensated at one and one-half times their regular rate of pay for overtime hours either as paid overtime or compensatory time off (CTO). Employees will be compensated for time over forty (40) hours at time and one-half even when the basic forty (40) hours includes holiday time, vacation time, sick time and jury duty time during which the employee has not actually worked.

9.4.4 The employee has the option of either receiving paid overtime or CTO at their election. No more than one hundred twenty (120) hours of CTO may be accrued per fiscal year.

9.4.4.1 An automatic cash-out of any hours in excess of 40 shall be processed on the first paycheck in December.

9.4.4.2 Employees may elect to keep their CTO Accruals intact with written notification to the Payroll division no later than November 15 th of each year.

9.4.5 Overtime hours may include work performed outside of normal work hours performing but not limited to: responding to City business using personal or City provided cell phones, desk phones, tablets, laptops, desktop computers and iPads for conducting City business. Employees regular time off spent volunteering for City events and/or responding to City e-mail is also considered time worked and subject to the overtime compensation rules. Meal periods are not included as work time.

9.4.6 Overtime shall be offered on a perpetual rotating seniority basis to qualified employees eligible for overtime pay. A failure of an employee to accept overtime when offered will have the same effect as if that employee had worked as far as their turn in the rotation is concerned. If no qualified employee volunteers, the least senior qualified employee Item Title: 10.14
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eligible for overtime pay shall be assigned mandatory overtime in inverse seniority order on a rotating basis.

9.4.7 If a non-exempt unit member is promoted to an FLSA exempt position, no further overtime or compensatory time off (CTO) can accrue. At the time of appointment, such an employee shall be paid for all accrued and unused CTO at their current hourly rate.

9.4.8 The City does not permit an employee, supervisor, manager or department director to “flex” the employee’s work week.

9.5 Standby Pay

9.5.1 Employees who are released from active duty but who are required by their departments to leave notice where they can be reached and be available to return to active duty when required by the department, shall be considered to be on standby duty.

9.5.2 Standby duty shall, whenever possible, be assigned to employees on a voluntary basis. When volunteer assumption of standby duty by employees is insufficient to meet the needs of the department, then such duty shall be assigned on a rotational basis whenever possible within affected work units.

9.5.3 Standby duty requires that employees so assigned shall respond as soon as possible and within no more than sixty (60) minutes (unless other arrangements are made with the supervisor). Employees on standby shall make themselves available to be reached by telephone or other communicative devices and refrain from activities which might impair their ability to perform assigned duties. Employees not obligated to remain on standby have no obligations to meet these requirements. Employees accepting standby assignments not able to meet the above criteria due to distance, must make prior arrangements with management before accepting the standby assignments.

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9.5.4 Standby duty occurs after the employee’s regular hours are completed and is not an extension or continuation of a regular shift.

9.5.5 Standby duty is a seven (7) day, Thursday to Wednesday, assignment.

9.5.6 Standby duty shall be compensated at $42.86 per day, which is the equivalent to $300.02 per 7-day work week.

9.5.7 Standby compensation shall not be the basis upon which overtime is calculated for any purpose, except in cases where a standby employee physically responds to a City location to remedy a problem.

9.5.8 City shall compensate those employees who are assigned standby duty who physically respond to City locations to remedy a problem will be paid from the time the employee leaves home until they return home at their current pay rate for actual hours worked, or a minimum of two (2) hours, for each incident requiring a round trip, whichever is greater.

9.5.9 City shall compensate those employees who are assigned standby duty who physically responds to City locations to remedy a problem after 8:00 p.m. and before 5:00 a.m.; said employees will be paid from the time the employee leaves home until they return home at their current pay rate for actual hours worked, or a minimum of three (3) hours, for each incident requiring a round trip, whichever is greater.

9.6 Meal Allowance

9.6.1 City shall pay a meal allowance for afterhours call-outs that take more than four (4) hours, at the IRS per diem rate.

9.7 Certificate Pay

9.7.1 Effective July 1, 2022, the City will pay certification pay for certain certifications that are above the minimum qualifications and not a requirement of the position, and certain licensure(s) as follows:

9.7.1.1 American Institute of Certified Planners (AICP) Certification – 2.0% of base salary.

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9.7.1.2 International Code Council (ICC) Certification – 2.0% of base salary (for Permit Technicians only).

9.7.1.3 Class A Driver’s License – $50.00 monthly stipend (paid semi- monthly) for employees who operate City vehicles which require a valid Class A California Driver’s License.

9.7.1.4 Notary Public – $25.00 monthly stipend (paid semi-monthly) for employees who provide Notary services for City business.

9.7.1.5 *Maintenance Superintendent Association (MSA) Certification – May be added after a determination of standard practice for such pay by other cities.

9.8 Longevity Pay

9.8.1 Effective July 1, 2022, the City will pay longevity pay as follows (compounding):

9.8.1.1 Additional 3.0% of base pay for 10-14 years of service with the City.

9.8.1.2 Additional 4.0% of base pay for 15-19 years of service with the City.

9.8.1.3 Additional 5.0% of base pay for 20+ years of service with the City.

9.8.2 Longevity pay shall not exceed 12.0% of base pay annually after 20 years of service.

9.8.3 Longevity payments shall be paid biweekly and not as a lump sum.

9.9 Bilingual Pay

9.9.1 Qualifying employees shall be paid One Hundred Twenty-Five Dollars ($125) per month if they are bilingual (speak only), and One Hundred Seventy-Five Dollars ($175) per month if they are bi-literate (speak, write, and read).

9.9.2 The only qualifying language is Spanish.

9.9.3 Unit employees must pass a standardized Spanish language test (pass/no pass) to be administered by a testing agency selected by the City.

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9.9.4 To qualify for bilingual pay, Spanish must be a regular part of the employee’s daily duties as determined by the City’s Human Resources Department and employee’s Department Director.

9.9.5 Only those employees compensated to provide this service will be called upon to assist the public.

9.10 Tool Allowance

9.10.1 City shall pay $750.00 annually to Fleet Mechanic positions who utilize their personal tools for City use. The annual allowance shall be paid upon hire and at the beginning of each fiscal year of employment thereafter.

9.11 Boot Allowance

9.11.1 The City shall provide an annual allowance of $300, payable by voucher, for the purchase of safety boots and life-extending products (such as Tuff Toe). To be eligible, an employee must be required to wear safety boots as a regular part of their daily duties as determined by the City’s Human Resources Department and their Department Director.

9.11.2 Current classifications, which may be amended to include new/additional future positions, approved for boot allowance include the following:

Building Inspector
Facilities Maintenance Worker I/II
Fleet Services Worker I
Fleet Technician
Park Maintenance Worker I/II
Park Ranger
Plans Examiner
Public Works Inspector I/II
Sr. Building Inspector
Sr. Facility Maintenance Worker
Sr. Fleet Technician
Sr. Park Maintenance Worker
Sr. Public Works Inspector
Sr. Street Maintenance Worker
Street Maintenance Worker I/II

9.11.3 If field staff have unusual wear and tear because of work functions, additional allowance may be provided after supervisor evaluation of the boots and approval of the Department Director.

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9.12 Cell Phones

9.12.1 City shall maintain its current practice of providing a City-issued cell phone to those employees who require a cell phone to perform their normal duties. Alternatively, eligible employees, who wish to use their personal cell phones, can receive a stipend of Seventy-Five Dollars ($75) per month.

In such an event, cell phone stipend is taxable income and is not reported to CalPERS as compensation earnable or pensionable compensation.

9.13 Life Insurance

9.13.1 City will provide, at its expense, group life insurance in the amount Seventy-five Thousand Dollars ($75,000) for full-time employees in the bargaining unit.

9.14 Health Insurance

9.14.1 The City shall provide the following monthly allocations (“cafeteria plan”), which may be applied toward the cost of any benefit made available by the City at the option of the employee:

Coverage Level Monthly Allocation
Employee Only $1,500.00
Employee + 1 Dependent $1,850.00
Employee + Family $1,850.00

9.14.2 Medical insurance is available through CalPERS for the employee and eligible dependents. Dental and vision insurance is available for employee and eligible dependents. Employees who opt-out of health insurance or use less than the City’s monthly allocation may receive any unused amount as cash, subject to the Cash in Lieu limitations below.

9.14.3 Upon ratification, Unit Employees will have the option to convert unused cafeteria plan contributions to a 457(b) deferred compensation plan.

9.15 Cash in Lieu of Medical Insurance Phase Out
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9.15.1 Employees hired prior to July 1, 2017 and who opt out of medical insurance are eligible to receive a cash-in-lieu payment up to one thousand two hundred dollars ($1,200.00) per month or receive up to one thousand two hundred dollars ($1,200.00) per month deposited into a 457(b) deferred compensation plan.

9.15.2 Employees hired on or after July 1, 2017 and who opt out of medical insurance are eligible to receive up to one thousand two hundred dollars ($1,200.00) per month deposited into a 457(b) deferred compensation plan (with no cash option).

9.15.3 All Unit Employees who opt out of medical insurance must demonstrate proof of other coverage to be eligible for this benefit.

9.16 Retirement
The City provides employees with retirement benefits through the California Public Employees’ Retirement System (CalPERS).

9.16.1 In accordance with the California Public Employee’s Pension Reform Act of 2012 (“PEPRA”), for the purpose of retirement benefits through CalPERS, employees are defined as either a “Classic” or “New” member of CalPERS.

9.16.1.1 Definition of a “Classic” Member:

Any employee hired by the City on or prior to December 31, 2012; or any employee previously employed by a CalPERS participating public agency, hired by that agency prior to January 1, 2013, and who becomes employed by the City with less than a six (6) month break in service, or any employee who is eligible for reciprocity with another California public retirement system.

9.16.1.2 Definition of a “New” Member:

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than six (6) months; or any employee who is ineligible for reciprocity with another California public retirement system.

9.16.2 Retirement formulas and calculations are based upon a combination of the employee’s age, years of service, and annual pensionable compensation.

9.16.2.1 “Classic” Member Retirement Formula:

For employees who are defined as “Classic” members, the City contracts with CalPERS to provide a “2.7% @ 55” plan. There is no cap on annual salary that can be used to calculate final compensation. The plan is based upon the single highest year salary.

9.16.2.2 “New” Member Retirement Formula:

For “New” members hired on or after January 1, 2013, PEPRA mandates a “2% @ 62” plan. There is a pensionable compensation cap on annual salary used to calculate final compensation. The plan is based upon a three (3) year average of salary.

9.16.3 The rate of contributions by both the City and each individual employee is based upon applicable law and MOU provisions. The Employer Paid Member Contributions (EPMC) phase out for “Classic” members is detailed in Section 9.16.3.2.

9.16.3.1 City Contributions

9.16.3.1.1 For “Classic” members, the City will contribute the full (100%) cost of the employer’s share.

9.16.3.1.2 For “New” members, in accordance with PEPRA, the City will contribute half (50%) of the normal costs, as
determined by CalPERS each year.

9.16.3.2 Employee Contributions

9.16.3.2.1 For “Classic” members hired before December 6, 2011, the following contribution table applies:

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Effective Date
Employee
Contribution
EPMC
July 1, 2018 1.0% 7.0%
July 1, 2019 2.0% 6.0%
July 1 2020 3.0% 5.0%
July 1, 2021 4.0% 4.0%
July 1, 2022 5.0% 3.0%
July 1, 2023 6.0% 2.0%
July 1, 2024 7.0% 1.0%
July 1, 2025 8.0% 0.0%

9.16.3.2.2 For "Classic” members hired on or after December 6, 2011, the following contribution table applies:

Effective Date
Employee
Contribution
EPMC
July 1, 2012 3.0% 5.0%
July 1, 2013 6.0% 2.0%
July 1, 2014 8.0% 0.0%

9.16.3.2.3 For "New” members, in accordance with PEPRA, each employee shall participate in equal (50%) cost sharing of the normal costs, as determined by CalPERS each year.

9.16.4 The City’s contract with CalPERS provides additional optional benefits to eligible employees.

9.16.4.1 Military Service Credit
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service may contact CalPERS and arrange to purchase, at their own expense, up to four (4) years of service credit.

9.16.4.2 Annual Cost-of-Living Allowance
The City’s contract with CalPERS provides the minimum Annual Cost-of-Living Allowance Increase (Government Code §21329) of two percent (2%).

9.16.4.3 Survivor’s Benefit
The City’s contract with CalPERS provides the Fourth Level of 1959 Survivor Benefit (Government Code §21574).

9.16.4.4 Service Credit for Unused Sick Leave
The City’s contract with CalPERS provides for Credit for Unused Sick Leave (Government Code §20965). Upon retirement, an employee may convert accumulated sick leave to retirement service credit.

9.17 Deferred Compensation

9.17.1 The City offers a 457(b) Deferred Compensation Plan. Each employee may defer up to the maximum allowed by the IRS.

9.18 Flexible Spending Account/Dependent Care

9.18.1 The City offers a flexible spending account which allows employees to set aside pre-tax dollars to pay for eligible healthcare expenses and/or childcare.

9.19 Education Reimbursement

9.19.1 Employees may request and be reimbursed up to three thousand dollars ($3,000) per fiscal year for expenses incurred for tuition, books and fees for college-level or job-related courses or degree curricula upon prior approval of the City Manager.

9.20 Computer Loan Program

9.20.1 Every non-probationary member shall be entitled to participate in an interest-free loan program for the purchase of a computer and related equipment (software, printer, etc.; not to include supplies).

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9.20.1.1 The purchase must be completed by direct payment from the City to an established vendor in the City’s purchasing system, to include Best Buy, Staples, and Amazon (at no time shall the City reimburse an employee for the purchase).

9.20.1.2 The maximum amount of any individual loan shall be no greater than $1,000.00 including tax.

9.20.1.3 The repayment period is not to exceed one (1) year and shall be calculated by dividing the total cost by 26 pay periods, with a payroll deduction from each check until fully repaid, beginning with the first paycheck after issuance of payment to the vendor.

9.20.1.4 If member separates employment from the City prior to full repayment, the total amount due shall be deducted from the member’s final paycheck.

9.20.1.5 The cumulative amount of loans outstanding at any one time shall not exceed $100,000.

9.20.1.6 The loan shall be upon the terms and conditions established by the City.

ARTICLE 10. CHANGES TO POSITIONS

10.1 Transfers

10.1.1 After notice to the Human Resources Department and approval by the City Manager, an employee may be transferred to another department by their Department Director(s) at any time and for any reason, from one position to another position in the same or comparable classification, and without loss of compensation. Employees who desire a transfer may submit a request for transfer to their Department Director for consideration. The Department Director may deny the transfer request at their sole discretion. Employees may also submit a request to the Human Resources Department for consideration to transfer into an open vacant position of the same classification in another department.

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10.1.2 If an employee voluntarily transfers to another position in the same or comparable classification and is not successful in that position, the employee may return to their former position.

10.1.3 The employee’s salary evaluation date shall remain the same as it was before the transfer.

10.2 Reclassification of City’s Personnel Rules & Regulations

10.2.1 Should the Human Resources Department determine through a position review, that the job duties of a position in the competitive service have materially changed, the Human Resources Department, upon City Manager approval, may reassign the position to another classification.

10.2.2 An employee may be reclassified without competitive exam if the Human Resources Department determines that the employee has met the minimum qualifications of the new classification and has performed the duties of the reclassified position for a minimum period of six (6) months.

Reclassification shall not be used for the purpose of avoiding competitive selection processes.

10.2.3 The employee’s salary evaluation date shall change as a result of the reclassification.

10.2.4 The City shall notify the Association of any proposed reclassification and allow reasonable opportunity for the Association to elect to meet and confer regarding the proposed changes in accordance with Government Code section 3500, et seq.

10.3 Demotions

10.3.1 An employee may be demoted for cause pursuant to the Disciplinary Action policy, or for organizational reasons, pursuant to the Layoffs policy in Section 10.4.

10.3.2 A demoted employee shall be required to serve a probationary period in the lower classification unless the lower classification is in the same job series or the employee completed probation in the lower classification. In Item Title: 10.14
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the event the demoted employee does not pass probation, the employee will be terminated from employment.

10.3.3 The effective date of a demotion shall establish a new salary evaluation date.

10.4 Lay-Offs

10.4.1 Should the City Manager determine reductions in force to be necessary due to lack of work or for financial reasons, it may initiate lay-offs. City shall notify Association of its intention and provide Association with an opportunity to negotiate the effects of a lay-off in accordance with the MMBA.

10.4.2 In determining the order of lay-offs, a combination of factors shall be considered, including but not limited to: seniority with the City; productivity; general performance; and the needs of the City. Variations from the order of lay-offs and recall from lay-off may occur when the City deems such variations appropriate under the circumstances. Before the commencement of any layoff of a regular full-time employee, the City will endeavor to review the contracts and consultants in a same or similar role to determine, based on the needs of the City, if reductions can be made to contractors or consultants first.

10.4.3 The factors the City, in its sole discretion, may use to determine the order of lay-offs include, but are not limited to, the following:

10.4.3.1 Probationary and temporary employees shall be laid off before regular employees in the same classification; and

10.4.3.2 Between two regular appointees in the same classification, the employee with lesser seniority shall be laid off first. If equal seniority exists between two employees in the same classification, then performance evaluation scores will determine the order of employee lay off.

10.5 Bumping
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10.5.1 “Bumping” means the displacement of an employee from their position by an employee in a higher classification who formerly held and passed probation in the same position, or a position in the same job family, and has been subject to a lay off.

10.5.2 A laid-off employee shall be entitled to bump an employee in the same position previously held by the laid-off employee, or a position in the same job family, in accordance with the criteria specified in this Bumping Rule.

The laid off employee must be able to perform the essential job functions of the former position, with or without accommodation, and possess the minimum qualifications of the position, as specified by the job classification specification.

10.5.3 The City will notify laid-off employees of any positions available for bumping. Following receipt of such notification, and within three (3) calendar days of receipt of such notification, the employee must notify the Human Resources Department in writing of their intent to exercise their bumping rights, and the position and classification in to which they intend to bump. Failure to provide such notification will be deemed a waiver of bumping rights by the employee.

10.5.4 Where there is more than one laid-off employee entitled to bump an employee in the same position held by the laid-off employees, or a position in the same job family, factors in paragraph 1 of this Bumping Rule shall control the order of priority in which the laid-off employees may exercise their bumping rights.

10.5.5 Any displaced employee shall be considered as laid-off for the same reason as the person who displaced them, and shall in the same manner, be eligible to displace, or “bump”, another employee based on the criteria specified in paragraph 2 of this Rule.

10.6 Reinstatement From Lay-Off
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10.6.1 Following lay-off from City employment, laid-off employees may be reinstated to employment with the City upon the recommendation of the Department Director and with the approval of the Human Resources Department, to the position from which they were laid off based on their qualifications, availability, and the needs of the organization pursuant to the Reinstatement policy in Section 10.8 of MOU.

10.7 Separations

10.7.1 All employees who separate from City service, that is, whose employment with the City terminates through separation for cause, layoff, resignation, or retirement, must:

10.7.2 Return promptly all City property to the Human Resources Department or their immediate supervisor.

10.7.3 Make arrangements to repay any existing financial obligations owed to the City.

10.7.4 In addition, employees who resign or retire must also adhere to the following procedures before they will be deemed to have separated in good standing:

10.7.4.1 Submit a written notification stating their intent to resign or retire, and the proposed effective date of separation to their immediate supervisor.

10.7.4.2 If at all possible, provide the City with a minimum two weeks advance notice of separation. The City encourages employees who become aware of their pending separation from the City to let the Human Resources Department know as far in advance as possible.

10.8 Reinstatement

10.8.1 At the recommendation of the Department Director, and with the approval of the Human Resources Department, employees who (1) resigned, retired, or were laid-off and (2) were in good standing at the time of termination of their employment, may be reinstated to their former Item Title: 10.14
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position, if vacant, or to a vacant position in the same classification within twelve (12) months of their resignation, retirement or lay-off, without being subject to the application and conditional appointment requirements of the City’s Personnel Rules & Regulations.

10.8.2 A reinstated employee shall serve a probationary period as defined in these Rules and Regulations, unless otherwise approved by the City Manager. If reinstated, credit may be granted for prior service in terms of benefit accrual rates and seniority, at the discretion of the Human Resources Department and in consultations with the Department Director; provided, however, that Employees reinstated following lay-offs shall receive credit for prior service to the City.

ARTICLE 11. GENERAL EMPLOYMENT MATTERS

11.1 Hours of Work

11.1.1 Daily hours of work (or shifts) for employees within departments shall be assigned by the Department Director as required to meet the City’s operational requirements.

11.1.2 Any foreseeable absence or deviation from regular working hours desired by an employee shall be cleared in advance through the employee’s supervisor, and such absences shall be noted on the employee’s time sheet.

11.2 Meals and Break Periods

11.2.1 These procedures do not apply to “exempt” employees. Human Resources will determine what positions are exempt.

11.2.2 City requires employees to take a duty free meal break of at least one-half (1/2) hour.

11.2.3 Rest Periods

11.2.3.1 Employees are entitled to a rest period (break) if they work over three and a half hours in a day.

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11.2.3.2 These breaks must be given in the middle of each four-hour work period as is practicable, and must be at least 10 minutes in length and no more than 15 minutes in length. Employees are to remain on City Hall Campus during such breaks.

11.2.4 Meal Break After Five (5) Hours

11.2.4.1 All employees must receive a 30 minute duty-free meal break if they work in excess of five hours during a workday. During this time, the employee must be relieved of all duties. Working lunches are not permitted. While the law provides for a 30 minute lunch break, it is the City’s policy that lunch breaks are 60 minutes in length. With the concurrence of the employee’s supervisor, the 60 minute lunch hour may be reduced to 30 minutes; however, the lunch break may not be less than 30 minutes.

11.2.4.2 If the workday is less than six hours, the employee can agree to waive the time period in writing with Supervisor approval.

11.2.5 Nursing Mothers

11.2.5.1 The City will provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for her infant child. The City shall make reasonable efforts to provide the employee with the use of a room or other location, other than a toilet stall, in close proximity to the employee’s work area, for the employee to express milk in private.

11.3 Timekeeping

11.3.1 All employees must accurately record all hours worked and any leave taken on their timesheets. Employees must submit their timesheets on a bi- weekly basis to their supervisor. Employees must immediately report any errors on a timesheet that has already been submitted to their supervisor.

11.4 Attendance
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11.4.1 Employees are expected to report to work as scheduled, on time, and prepared to start work. Unauthorized tardiness and absences cause disruptions in coverage of work assignments and City operations.

Employees are also expected to remain at work for their entire scheduled shift, except when required to leave on authorized City business or some other authorized leave. All departments shall keep daily attendance records of employees, which shall be reported to the Finance Department on the employee’s timesheet.

11.4.2 Employees who anticipate an absence from all or portion of their regular work schedule and wish to request a form of accrued leave time or unpaid leave time should follow the procedures provided in these Rules for the particular type of leave that they are requesting.

11.4.3 When possible, employees who are unexpectedly unable to report to work as scheduled, shall give 1-hour advanced notice when calling off work to allow for planning of coverage, but no later than the employee’s start time unless incapacitated and/or incapable. If the employee’s immediate supervisor is not available, then the employee must notify the Department Director or their designee. Employees must inform their supervisor of the expected duration of any late arrival or absence. Employees who call later than their scheduled start time for their assigned shift will be deemed to have an unauthorized tardy or absence in violations of this attendance policy. Abuse or misrepresentation of any form of accrued or unpaid leave time will be grounds for discipline, up to and including termination.

11.4.4 Failure on the part of an employee who is absent without notification or authorization to return to duty within twenty-four (24) hours after a notice to return to duty has been delivered to their last known telephone number/or address will constitute disciplinary action up to and including termination. If, within 10 days of said notice, the employee can show good cause for the failure to return to duty, the Human Resources Department, Item Title: 10.14
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in their sole discretion may, after consultation with the Department Director, reverse any disciplinary action.

11.5 Employee Performance Evaluation

11.5.1 A report of performance of each employee shall be made by the respective Department Directors or their designees after completion of a probationary period and annually thereafter. Unless changed in accordance with City’s Personnel Rules & Regulations, these evaluation dates shall constitute the employee’s salary evaluation date for purposes of eligibility for a merit salary increase. Employees completing a six-month probationary period should also be evaluated; however, their salary evaluation date for purposes of eligibility for a merit salary increase shall not change from their promotion effective date. Employees shall continue to receive performance evaluations on their salary evaluation date even after the employee has reached the top of the applicable salary range.

In addition, a performance evaluation may be prepared at any other time at the discretion of the employee’s supervisor.

11.5.2 Each performance evaluation shall be discussed with the employee. The performance evaluation will address areas of successful performance and areas that need improvement. The employee will have the opportunity to comment regarding work performance, either in a written statement attached to the report or orally. The employee shall sign the performance report to acknowledge that the employee is aware of its contents and has discussed the report with the evaluator. The employee’s signature does not necessarily indicate agreement with the contents of the report. In the event that an employee refuses to sign the evaluation following their review of the evaluation, such refusal will be so noted by the evaluator on the evaluation form.

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11.5.3 The employee will receive a copy of the performance evaluation, and the original, along with any written comments submitted by the employee, will be in the employee’s personnel file.

11.6 Employee Wellness Program

11.6.1 City shall develop an Employee Wellness Program, to be implemented no later than January 31, 2020.

11.6.2 The program shall offer a minimum of: a.) Employee Wellness Day – 1 paid day of leave (9 hours) available July 1st to be used during the fiscal year, which cannot be carried forward to the next fiscal year; b.) Healthy programs/classes available at City; and c.) Employee membership discount to participating local fitness gyms/programs.

ARTICLE 12. LEAVE OF ABSENCE

12.1 Eligibility for Paid Leave of Absence

12.1.1 In order to be eligible for City payment of the paid leave of absence outlined herein or subsequently granted by the City, an employee must be a full-time employee and either a regular appointee or a probationary appointee.

12.2 Vacation

12.2.1 Rate of Accrual

12.2.1.1 Every full-time probationary and regular employee shall earn vacation as follows:

Years Hours Bi-Weekly Accrual
0-2 80 3.08
3-4 120 4.62
5 160 6.15
10+ 200 7.69
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12.2.1.2 Vacation accrues bi-weekly on a pro rata basis.

12.2.1.3 Employees may freeze up to 80 hours of vacation during medical leave of absence.

12.2.2 Scheduling Vacations
An employee may take vacation leave at any time, subject to approval by the employee’s Department Director or their designee. Approvals will be based upon workload, staffing coverage, seniority, timing of the request, and any other work-related factors appropriate for consideration by the Department Director. At no time will Sick leave be used to extend vacation time off.

12.2.3 Vacation Pay Upon Termination
Any employee terminating from the City service will be paid at their hourly rate of pay for all earned vacation, if any, accrued up through termination.

12.2.4 Vacation Leave Limits and Buy-Back

12.2.4.1 Maximum Accumulation of Vacation Leave

12.2.4.1.1 As of July 1 st of each year, an employee shall have no more than a maximum of four hundred forty (440) hours of
accrued and unused Vacation Leave. Any excess hours
above four hundred forty (440) hours will be automatically cashed out by the City at the employee’s base rate of pay as of June 30 th of that year. Payment shall be made no later than July 31st.

12.2.4.2 Vacation Leave Usage

12.2.4.2.1 Employees must use at least (40) hours of Vacation Leave during each fiscal year.

12.2.4.2.2 Department Directors are responsible for arranging leave schedules so that adequate personnel are available to carry on necessary City work.

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12.2.4.2.3 When practicable, employees should be permitted to schedule Vacation Leave at times most acceptable to the employee. In large departments the choice of vacation
times should be arranged according to seniority or some other equitable method.

12.3 Pay In Lieu of Vacation Leave (Buy Back)

12.3.1 Employees who elect Vacation Leave buy back shall have payment calculated at the employee’s base rate of pay as of the date of the buy- back request.

12.4 Buy Back Guidelines

12.4.1 During each fiscal year (July 1 thru June 30), but no later than June 15, an employee may request that the City buy back accrued and unused Vacation Leave from the employee’s account according to the following schedule:

Annual Leave Used During
Preceding 12 Months
Maximum Buy Back
40 Hours 120 Hours
60 Hours 140 Hours
80 Hours 160 Hours

12.4.2 The employee must have sufficient hours of earned and unused Vacation Leave credits.

12.4.2.1 After the buy-back, there must be a minimum of eighty (80) hours of earned and unused Vacation Leave credits remaining in the employee’s account.

12.5 Vacation Leave – Separation from the City
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12.5.1 Employees separating from the City service shall receive payment for one hundred percent (100%) of their accrued and unused Vacation Leave at their current hourly rate.

12.6 Holidays
Every full-time unit employee shall be entitled to the following paid holidays each calendar year and such other days as may be designated by action or the City Council. A Holiday for pay or accrual purposes is the actual hours regularly scheduled to be worked on that Holiday.

12.6.1 Recognized Holidays

12.6.1.1 January 1 (New Year’s Day)

12.6.1.2 The third Monday in January (Martin Luther King)

12.6.1.3 The third Monday in February (President’s Day)

12.6.1.4 The last Monday in May (Memorial Day)

12.6.1.5 July 4 th (Independence Day)

12.6.1.6 The first Monday in September (Labor Day)

12.6.1.7 November 11 (Veteran’s Day)

12.6.1.8 Thanksgiving Day

12.6.1.9 The Friday after Thanksgiving Day

12.6.1.10 December 24 (Christmas Eve)

12.6.1.11 December 25 (Christmas Day)

12.6.1.12 December 31 starting at noon (New Year’s Eve)

12.6.1.13 Floating Holiday (determined by employee)

12.6.1.14 Wellness Day (determined by employee)

12.6.2 Holiday Closures

12.6.2.1 If the holiday falls on a Saturday, the preceding Friday shall be designated as the holiday. If the holiday falls on a Sunday, the following Monday shall be designated as the holiday.

12.6.2.2 Non-public safety City facilities shall close from December 24 th to January 2nd each year of this agreement.

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12.6.2.2.1 If 12/24, 12/25, 12/31, or 1/1 fall on a Saturday or Sunday, the designated closure days will be within a one-week
period from Monday to Friday (example: Saturday
12/24/2022 would normally designate a Friday 12/23
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closure).

12.6.2.2.2 Non-public safety facilities will close between December 26, 2022 and December 30, 2022 (re-open on Monday, January
2, 2023)

12.6.2.2.3 Non-public safety facilities will close between December 25, 2023 and January 1, 2024 (re-open on Tuesday, January 2, 2024)

12.6.3 Employees who are required to work during a holiday closure for safety purposes shall receive the equivalent additional days of floating holiday time.

12.6.4 If the holiday falls on an employee’s regularly scheduled day off, they shall have the equivalent number of hours deposited into a holiday leave bank.

12.6.5 Any holiday bank balance at fiscal year-end shall be cashed out each June.

12.7 Floating Holiday and Wellness Day
Full-time unit employees shall receive one (1) floating holiday and one (1) wellness day each fiscal year as granted by City Council and/or City Manager. The floating holiday and wellness day must each be used on or before June 30 th of each year.

Should employee not use the floating holiday or wellness day prior to June 30 th the City will not cash out or carry over to the following year. The use of floating holiday and wellness day are subject to Department Director approval. In the event of termination, employees will receive payment for unused floating holiday up to nine (9) hours and payment for unused wellness day up to nine (9) hours.

12.8 Sick Leave
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12.8.1 To keep the City and each department therein running smoothly and efficiently, it is important that every employee be on the job on time regularly. For this reason, careful attention is given to promptness, absence record and overall dependability.

12.8.1.1 The City recognizes, however, that an employee may occasionally be absent due to injury or illness. As a result, the Sick Leave Policy is designed to provide protection to employees against loss of income during unavoidable illness or injury.

12.8.2 Accrual of Sick Leave

12.8.2.1 All full-time probationary and regular employees are eligible to accrue four (4) hours of sick leave per pay period. There is no limit on the total amount of accrued sick leave.

12.8.2.2 An employee shall not receive payment for unused accumulated sick leave upon termination of employment or retirement (either disability or service retirement). An employee may not use sick leave to extend a vacation, retirement (either disability or service retirement) or termination date.

12.8.3 Use of Sick Leave

12.8.3.1 To be eligible for sick pay, employees unable to report to work due to illness must telephone their supervisor directly, each day of the illness, as far in advance as possible, but no later than one hour before their scheduled start time. If the supervisor is not available, the employee should contact the Human Resources Department to report their absence due to illness. If an employee is unable to make the call personally, a family member or friend should contact the supervisor or Human Resources Department. This policy must be followed unless an exception has been made for a particular absence, and a written memo to this effect has been sent to the Human Resources Department.

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12.8.4 Proof of Illness

12.8.4.1 If the Department Director has questions about an employee’s absence due to illness, they may request, at their sole discretion, that the employee produce a certificate issued by a licensed physician or licensed health care professional after 3 consecutive days off before paid sick leave is granted.

12.8.5 Use of Sick Leave for Family

12.8.5.1 In cases of illness of a family member, an employee’s sick leave entitlement for the year can be used to attend to the illness of a spouse, domestic partner, parent, or child.

12.8.6 Sick Leave Conversion Upon Retirement

12.8.6.1 At time of retirement from the City, a unit employee shall be eligible to convert unused sick leave at their then rate of compensation and have that amount deposited into a Retirement Medical Trust at the following rates:

Years of Continuous Service Eligible Conversion
<10 Years N/A
10 Years Up to 25%
15 Years Up to 50%
20 Years Up to 75%

12.8.6.2 Employees with fewer than ten (10) years of City service shall not be eligible for sick leave conversion into a Retirement Medical Trust.

12.8.6.3 At time of retirement from the City, any remaining unused sick leave after conversion into a Retirement Medical Trust shall be converted into CalPERS service credit, pursuant to Section 9.16.4.4 of MOU and Government Code §20965.

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12.9 Jury Duty and Witness Leave

12.9.1 All employees in the competitive service who are required to serve jury duty or as a witness in court shall be entitled to regular compensation for up to ten (10) working days of service with full pay. If an employee is required to serve more than ten working days, then the City Manager, at their sole discretion, may grant an extension of this leave period.

12.9.2 If summoned to jury duty or as a witness, employees should immediately notify their supervisor.

12.9.3 The Jury Duty Service form, as well as the compensation received for the court must be surrendered to City in order to receive a payroll check for the time period covering the days away on jury duty. The employee may retain any travel, parking and meal allowance granted by the court.

12.10 Military Leave

12.10.1 Military leave with pay shall be granted in accordance with the provisions of the Military and Veteran’s Code of applicable State and Federal law. An employee entitled to military leave shall give their Department Director an opportunity within the limits of military regulation to determine when such leave shall be taken. Prior to taking such leave, an employee shall present a copy of their military orders to the Department Director. The Department Director shall advise the Human Resources Department of such military orders promptly. The employee’s work schedule may be temporarily changed by the Department Director to accommodate the leave and department workloads. Benefits shall continue to accrue to the employee to the extent required by law.

12.11 Bereavement Leave

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the State of California. If out of state travel is required, up to five (5) days leave without loss of pay shall be granted. Up to three (3) days of sick leave may be taken for extended family. Additional time off may be taken as sick leave, vacation time or other paid leave or as authorized leave without pay upon approval of the City Manager.

12.11.2 Immediate family as used in this policy shall be defined as the spouse, registered domestic partner, children, step-relations, parents, brothers, sisters, grandparents, or in-laws.

12.11.3 Extended family as used in this policy shall be defined as uncles, aunts, nieces, and nephews.

12.12 Leave of Absence Without Pay

12.12.1 At the sole discretion of the City, an employee may be granted a leave of absence without pay upon recommendation of the Department Director and approval of the City Manager. The city may fill the position with a temporary or provisional employee during the term of the leave of absence or undertake any other appropriate measures to address workloads needs. Nothing herein shall require or preclude the City from offering unpaid leave as a reasonable accommodation under state and federal disability law.

12.12.1.1 Authorization Procedure. Employees requesting a leave of absence without pay must submit the request in writing to their Department Director, and the request should state the reason for the request and the anticipated beginning and ending dates of the leave. The Department Director will submit the request along with their recommendation to the City Manager who will make a decision in writing and transmit the decision to the employee. The decision of the City Manager shall be final and is not subject to grievance or appeal. The City Manager’s determination will include consideration of the following factors:

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12.12.1.2 Any history of excessive unauthorized absences or leave abuse;

12.12.1.3 Any detrimental effect on the operation of the department/division; and

12.12.1.4 The reason for the leave of absence.

Examples of reasons that may be considered are:

12.12.2 Illness or disability;

12.12.3 To take a course of study that will increase the employee’s usefulness or effectiveness to the City;

12.12.4 Other approved personal reasons. Use of the leave of absence for a purpose other than that requested may be cause for forfeiture of reinstatement rights or disciplinary action, up to and including dismissal.

12.12.5 Length of Leave And Extension

12.12.5.1 Leaves of absence without pay must not exceed one year, provided that the City Manager may extend a leave of absence for an additional period not to exceed one year. Employees requesting a leave of absence extension must submit a request in accordance with the procedures of paragraph 1 of this Rule no later than fourteen (14) calendar days prior to the approved expiration of the original leave of absence.

12.12.6 Return from Leave

12.12.6.1 When an employee intends to return from an authorized leave of absence without pay, either before or upon the expiration of such leave, the employee shall contact the Department Director at least fourteen (14) days prior to the planned day of return. The Department Director shall promptly notify the Human Resources Department of the employee’s intention. Failure of an employee to abide by this notification procedure or to report for work promptly at the date of leave expiration shall be grounds for discipline up to an including termination.

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12.12.6.2 Employees returning from a leave of absence without pay because of illness or disability must first submit to Human Resources a release to work from their treating physician that satisfactorily certifies the employee can perform the essential functions of the position to which he or she desires to return, with or without accommodation. Further, the employee may be subject to an examination by a City-approved physician to ensure that the employee can perform the essential functions of the position with or without accommodation.

12.12.7 Adjustment to Accrual of Benefits

12.12.7.1 Sick leave, holiday, and vacation leave will not accrue during any unpaid leave absence.

12.12.8 Adjustment to Date Of Performance Evaluation

12.12.8.1 Any unpaid leave of absence that exceeds five (5) consecutive calendar days will result in a proportionate adjustment to the employee’s performance evaluation date for all purposes, including, consideration of a merit salary increase.

12.13 Administrative Leave
The City manager, in their discretion, may place an employee on administrative leave with pay and benefits. During such leave, the employee remains subject to this MOU and all City Policies, including the Personnel Rules & Regulations.

Employee must be available to work at all times.

ARTICLE 13. DISCIPLINARY ACTION

13.1 Policy on Discipline

13.1.1 No employee who holds a regular appointment who has passed their one (1) year probationary period shall be disciplined without cause.

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suspensions, demotions, reductions in pay and discharge. Oral and written reprimands may be initiated at the supervisor/division manager level.

Disciplinary action more serious than a written reprimand must be initiated at the Manager level or above.

13.2 Notice of Proposed Discipline

13.2.1 Except in emergencies, or as authorized by law, suspensions, demotions, reductions in pay, or discharge, shall not be put in effect until the employee has received written notice advising the employee of the proposed action, the reason(s) therefore, the facts giving rise thereto, the proposed effective date, access to written material that formed a basis for the proposed action, and the opportunity to respond to the Department Director orally or in writing within five (5) working days, of receipt of such notice. If deemed necessary by the Department Director or Human Resources, an employee may be placed on administrative leave with pay pending investigation of allegations that may lead to discipline.

13.3 Appeal of Disciplinary Action

13.3.1 If the disciplinary meeting with the Hearing Officer results in a decision that discipline is appropriate, the disciplinary action shall be immediately implemented, with restitution/reinstatement if any, being made following conclusion of the City Manager level appeal, in accordance with the Third Level of the Grievance Procedure in Article 14. Any such appeal must be filed within ten (10) working days of the notice of the disciplinary action.

The cost of providing a hearing officer or arbitrator to hear disciplinary appeals and the cost of a court reporter shall be borne by the City.

13.4 Causes for Discipline

13.4.1 Examples of causes for disciplinary action include, but are not limited to:

13.4.1.1 Dishonesty;

13.4.1.2 Incompetence;

13.4.1.3 Inefficiency;
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13.4.1.4 Neglect of duty;

13.4.1.5 Negligence which affects the safety of the employee or others;

13.4.1.6 Violation of any City policy, rule or requirement;

13.4.1.7 Unauthorized absences (including tardiness) or abuse of sick leave or any other leaves;

13.4.1.8 Violation of these Rules, or other rules, regulations or orders established by a supervisor, department, or City Council;

13.4.1.9 Conviction of a crime that interferes with employment;

13.4.1.10 Discourtesy to the public or fellow employees;

13.4.1.11 Misuse or abuse of City property or equipment;

13.4.1.12 Substandard job performance;

13.4.1.13 Insubordination;

13.4.1.14 Any activities, including outside employment that create a conflict of interest with City employment and are not specifically authorized by the Department Director;

13.4.1.15 Falsification of any City report or record (including job application);

13.4.1.16 Other acts which are incompatible with service to the public including, but not limited to, any conduct or behavior, either on or off duty, which causes discredit or would reasonable tend to cause discredit to fall upon the City, its officer, agents or departments;

13.4.1.17 Documented verbal and/or physical abuse/harassment of coworkers and/or the general public; and

13.4.1.18 Working overtime without authorization.

ARTICLE 14. GRIEVANCE PROCEDURE

14.1 Early Resolution
This grievance procedure is intended to ensure that every reasonable effort will be made to resolve problems as near as possible to the point of origin. Definitions of grievances are as follows:

14.2 Definitions
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14.2.1 “Grievance” – A written allegation by an employee that there has been a violation, misapplication, or misinterpretation of a specific term(s) of this MOU or existing City Rule(s), Regulation(s) or Policy(ies) regarding working conditions.

14.2.2 “Grievant” – A regular or probationary employee who alleges in a grievance that the employee has been directly wronged by a violation of specific terms of this MOU or existing City Rule(s), Regulation(s) or Policy(ies) regarding hours, wages, and terms and conditions of employment.

14.2.3 “Immediate Supervisor” – The appropriate supervisor or manager to whom the employee is accountable.

14.2.4 “Response and File” – Personal delivery or deposit in the U.S. mail, postage prepaid. If mail delivery is used, it shall be by certified, return receipt requested mail and the certified receipt date shall establish the date of response or filing. If personal delivery is used, the calendar date of delivery shall establish the date of response or filing.

14.3 Level One – Informal Review

14.3.1 An employee shall have the right to present a grievance and to have the complaint considered by the immediate supervisor no later than fifteen (15) working days after the event giving rise to the complaint, or no later than fifteen (15) workings days after the employee knew or reasonably should have known of the event giving rise to the grievance.

14.3.2 The employee, whenever possible, shall attempt to resolve the grievance informally with their supervisor.

14.3.3 The immediate supervisor shall provide and answer to the employee no later than fourteen (14) working days after the Level One meeting. Such response shall be provided orally.

14.3.4 A resolution of the grievance at the informal level shall be precedent setting.

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14.4 Level Two - Formal Review

14.4.1 If the grievance is not resolved through Level One informal discussions, the employee may file a Level Two grievance with the Department Director no later than ten (10) working days after the response from the immediate supervisor at Level One. The grievant shall state the following clearly and concisely on a grievance form provided by the City:

14.4.1.1 The specific term(s) of this MOU or the City Rule(s), Regulation(s) or Policy(ies) regarding working conditions, which have been violated;

14.4.1.2 The action grieved, including names, dates, places and times and how it violated a specific term(s) of the City Rule(s), Regulation(s) or Policy(ies) regarding working conditions;

14.4.1.3 The remedy sought;

14.4.1.4 The name and classification of the grievant and their signature;

14.4.1.5 The name of the representative, if any;

14.4.1.6 The date of submission.

14.4.2 The Department Director shall hold a meeting with the grievant at a mutually acceptable time and location no later than ten (10) working days after the receipt of the grievance. The Department Director shall respond in writing to the grievant within ten (10) working days of the Level Two meeting.

14.5 Level Three

14.5.1 In the event the grievance is not settled at the Level Two, or in the case of disciplinary action within the meaning of Section 13.3 of MOU, the grievant may file a Level Three grievance with the City Manager no later than ten (10) working days after the Level Two response. The grievant shall include in the grievance a written statement indicating the reason that the proposed settlement at Level Two was unsatisfactory. The City Manager may hold a meeting with the grievant at a mutually acceptable time and Item Title: 10.14
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location. The City Manager shall respond to the grievant no later than ten (10) working days after the receipt of the Level Three grievance.

14.5.2 The grievant shall present at Level Three all issues and written evidence known or which could have been reasonably known. No additional issues may be presented by the grievant after Level Three, except by mutual agreement.

14.5.3 Amendments and/or modifications to the grievance shall not be made by the grievant after the Level Three filing date, except by mutual agreement.

This provision does not preclude either party from presenting new evidence should either party discover it at a later date. Each party shall make an effort to share evidence with the other upon discovery of said evidence.

14.5.4 If the grievance has not been settled at Level Three, then within ten (10) working days after receipt of the Level Three written decision or the expiration of the time limits for making such decision, upon request of the grievant, the grievant may request arbitration by giving notice to that effect, by certified mail, return receipt requested, directed to the Human Resources Department.

14.6 Level Four – Arbitration

14.6.1 The arbitration/hearing procedures shall be conducted in accordance with the rules of the State Mediation & Conciliation Service (“SMCS”) or the Office of Administrative Hearings (“OAH”) in the case of an appeal from discipline.

14.6.2 The parties shall select an arbitrator/hearing officer by requesting a list from SMCS. The parties shall strike arbitrators in alternating fashion until there is one arbitrator remaining on the list. This arbitrator shall then serve as the arbitrator, unless the hearing officer is appointed by OAH.

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14.6.3 The cost of any arbitration/hearing proceeding shall be divided equally between the City and the Grievant, except in the case of an appeal from disciplinary action.

14.6.4 Failure on the part of the City representative or grievant to appear in any case before an arbitrator/hearing officer, without good cause, shall result in the forfeiture of the case and responsibility for payment of all costs of arbitration. “Good Cause” shall be defined as a circumstance(s) beyond control of the party failing to appear. Any cancellation or postponement fee shall be borne the responsible party.

14.6.5 A final decision or award by the arbitrator/hearing officer shall be made within thirty (30) calendar days after the close of the hearing. Such decision or award shall be advisory and subject to the approval of the City Manager.

Both parties shall be given the opportunity to submit their arguments before the City Manager with regard to the Arbitrator’s/Hearing Officer’s “Findings of Facts,” prior to such approval. After weighing the Arbitrator’s findings, the City Manager may then reaffirm, modify or revoke the Arbitrator’s decision. The decision of the City Manager is final.

14.6.6 Expenses for witnesses shall be borne by the party who calls them, except where City employees testify.

14.6.7 The standard of review for the arbitrator/hearing officer is whether the City violated a specific term(s) of this MOU or the City Rules(s), Regulation(s) or Policy(ies) regarding working conditions in the case of non-disciplinary appeals. In the case of an appeal from discipline, the standard is whether the preponderance of the evidence establishes cause for the discipline and the appropriateness of the penalty.

14.6.8 If a question exists as to the arbitrability of an issue, the arbitrator shall determine the arbitrability questions prior to hearing the formal presentations of the parties on the merits of the grievance.

14.7 General Provisions
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14.7.1 Failure of the grievant to comply with the time limitations of this Article shall render the grievance null and void. Failure by the City representative to timely respond under this Article shall permit the grievance to be filled at the next level.

14.7.2 Time limits set forth in this Article may be extended by mutual agreement which shall not be unreasonably withheld. The parties may also agree that a particular grievance may be initiated at a higher step than Step I, based on the nature and complexity of the grievance.

14.7.3 No punitive action shall be assessed against an employee for utilizing the grievance procedure.

14.7.4 Employees shall be granted release time not to exceed one (1) hour for the purposes of discussing a potential grievance with their representative or preparing for a grievance which has been filed at Level Two. Such release time for pre-grievance consultation or grievance preparation is applicable per grievance, and its scheduling shall not interfere with departmental operations.

14.7.4.1 The parties may consolidate at any level grievance on similar issues.

14.7.4.2 Grievance records shall be filed separately from an employee’s personnel file and shall be considered confidential.

14.7.4.3 A grievant may withdraw a grievance at any time. The grievant shall not file any subsequent grievance on the same alleged incident.

14.7.4.4 A decision by the grievant to submit a grievance to arbitration shall automatically be a waiver of all other remedies except as provided otherwise by statute.

14.7.4.5 No individual City Council member may be approached concerning the grievance at any time the grievance is being processed.

14.7.4.6 Organizational channels shall be utilized at all times and participation in the grievance and the discussion of information related thereto shall be limited to the parties to the grievance Item Title: 10.14
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except when such other persons are identified and/or called as witnesses.

14.7.4.7 In the event of a disciplinary action involving a suspension, reduction in pay or demotion, or termination within the meaning of Section 13.3 of MOU, where a pre-disciplinary meeting has already been held, Levels One through Two of the grievance procedure shall be eliminated and Levels Three and Four shall be utilized as appropriate, except City, at its sole discretion, may use a hearing officer appointed by the Office of Administrative Hearings.

14.7.4.8 A group of employees may file one grievance rather than individual grievances, as long as the following conditions are met:

14.7.4.9 Each employee in the “group” grievance is individually named.

14.7.4.10 The grieve-able matter is exactly the same for each employee cited in the grievance.

14.7.4.11 The City is not obligated to conduct grievance hearings or provide grievance responses to each individual, but only to one of the employees involved who represents the group filing the grievance.

14.8 Authority of Third Party

14.8.1 Each issue decided by a neutral third party shall stand on its own merits and shall not be used as precedent by any other neutral third party in deciding any issue before them.

14.9 No Retaliation

14.9.1 Employees will not be penalized or retaliated against in any way for using the grievance procedures, testifying as a witness in a grievance proceeding or assisting with a grievance.

ARTICLE 15. REOPENER

15.1 Reopener
The parties agree to a limited reopener during the term of the MOU to discuss results of the proposals solicited by the City for health benefits administration.

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ARTICLE 16. RATIFICATION AND IMPLEMENTATION

16.1 Ratification and Implementation
Representatives of management for the City and representatives of the Association have met on a number of occasions and have conferred in good faith, and exchanged proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employee members represented by the Association.

The City representatives and the representatives of the Association have reached an understanding as outlined in MOU, which was ratified by the Association membership. This MOU constitutes a mutual recommendation to be jointly submitted to the City Council for adoption. After the City Council acts, by majority vote, to formally approve this MOU, the City Council shall enact any necessary amendments to City Ordinances or Resolutions consistent with this MOU.

Dated this 17th day of August, 2022.
[Signatures on following page]
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City of Menifee 49 MCEA – General Unit
CITY OF MENIFEE MENIFEE CITY EMPLOYEES’

ASSOCIATION, GENERAL UNIT
By: By:

Rochelle Clayton, Assistant City Manager Mary LaPlante, Representative By: By:

Robert Cardenas, Human Resources /
Risk Manager
Bernice Rivera, CEA Representative
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1 RESOLUTION NO. 22-____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,

APPROVING A SUCCESSOR MEMORANDUM OF UNDERSTANDING BETWEEN THE

MENIFEE CITY EMPLOYEES ASSOCIATION, MID-MANAGEMENT UNIT FOR THE PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2024
WHEREAS, the City of Menifee (“City”) has formally recognized the Menifee City Employees Association (“MCEA”) Mid-Management Unit as the exclusive employee organization for the mid- management employees bargaining unit; and
WHEREAS, the prior Memorandum of Understanding (“MOU”) between the City and the MCEA Mid-Management Unit expired on June 30, 2022; and
WHEREAS, the City and MCEA Mid-Management Unit have successfully met and conferred to reach a Tentative Agreement for a Successor MOU between the City and the MCEA Mid-Management Unit employees for the period of July 1, 2022 through June 30, 2024, attached hereto, pursuant to the Meyers-Milias-Brown Act ("MMBA")(Gov't Code Sections 3500-3511); such MOU is attached to this Resolution as “Exhibit A” and incorporated herein by this reference; and WHEREAS, MMBA Section 3505.1 provides that:
"If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding"; and WHEREAS, the City labor representatives and the MCEA Mid-Management Unit representatives have also jointly and concurrently prepared a proposed successor MCEA Mid-Management Unit Memorandum of Understanding for the period July 1, 2022 through June 30, 2024, where once approved by the governing body of a local agency becomes a binding agreement between the employee organization and the local agency.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Menifee, California does hereby DETERMINE and ORDER as follows:

Section 1. That the City Council approves the Memorandum of Understanding between the City and the Menifee City Employees Association Mid-Management Unit for the period July 1, 2022 through June 30, 2024, a full copy of which is attached hereto as “Exhibit A” and by this reference made a part hereof.

Section 2. That the City Council authorize the City Manager or designee to execute and implement terms of the Memorandum of Understanding between the City and Menifee City Employees Association Mid-Management Unit for the period of July 1, 2022 through June 30, 2024.

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City of Menifee
Resolution Approving MCEA Mid-Management MOU 2022-2024
2 PASSED, APPROVED AND ADOPTED this 17th day of August, 2022 ___________________________
Bill Zimmerman, Mayor
Attest:
___________________________
Stephanie Roseen, Acting City Clerk
Approved as to form:
___________________________
Jeffrey T. Melching, City Attorney
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MEMORANDUM OF

UNDERSTANDING
Between
City of Menifee
And
Menifee City Employees’ Association
(Mid-Management Unit)
July 1, 2022 – June 30, 2024
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