CITY COUNCIL OF MONTEREY PARK
THE CITY COUNCIL ACTING ON BEHALF OF THE SUCCESSOR AGENCY OF THE FORMER
REDEVELOPMENT AGENCY, THE HOUSING AUTHORITY, THE MONTEREY PARK FINANCING
AUTHORITY AND THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA
REGULAR CITY COUNCIL MEETING
MONTEREY PARK CITY HALL COUNCIL CHAMBERS
320 W. NEWMARK AVENUE, MONTEREY PARK, CA 91754
W
ednesday
November 2, 2022
6:30 p.m.
G
ENERAL INFORMATION
Documents related to an Agenda item are available to the public in the City Clerk’s Office located at 320 West Newmark Avenue, Monterey Park, CA 91754, during normal business hours and the City’s website at http://www.montereypark.ca.gov/AgendaCenter/City-Council-17.
The publ
ic may watch the meeting live on the city’s cable channel MPKTV (AT&T U -verse, channel 99 or Charter Communications, channel 182) or by visiting the city’s website at http://www.montereypark.ca.gov/133/City-Council-Meeting-Videos.
P
UBLIC PARTICIPATION
You may speak up to 5 minutes on Agenda item. You may combine up to 2 minutes of time with another person’s speaking. No person may speak more than a total of 10 minutes. The Mayor and City Council may change the amount of time allowed for speakers. Written Communication will be accepted up to 24 hours before the meeting via email to [email protected].
P
er the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call City Hall at (626) 307-1359 for reasonable accommodation at least 24 hours before a meeting.
Council Chambers are wheelchair accessible.
CALL TO ORDER Mayor
FLAG SALUTE The Monterey Park Fire Explorers
ROLL CALL Peter Chan, Hans Liang, Henry Lo, Yvonne Yiu
A
GENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS
MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community.
Monterey Park City Council Agenda, November 2, 2022 - Page 2
PUBLIC COMMUNICATIONS:
While all comments are welcome, the Brown Act does not allow the City Council to take action on any item not on the agenda. The Council may briefly respond to comments after Public Communications is closed. Persons may, in addition to any other matter within the City Council's subject-matter jurisdiction, comment on Agenda Items at this time. If you provide public comment on a specific Agenda item at this time, however, you cannot later provide comments at the time the Agenda Item is considered.
STAFF COMMUNICATIONS:
• City Clerk’s Office
• Fire Department
• Library Services
• Police Department
• Recreation and Community Services Department
[1.] PRESENTATION – None.
[2.] OLD BUSINESS – None.
[3.] CONSENT CALENDAR ITEM NOS. 3A-3F
3-A. CONSIDERATION AND POSSIBLE ACTION TO ADOPT A RESOLUTION TO RECORD A
NOTICE OF NUISANCE ABATEMENT LIEN AGAINST CERTAIN PROPERTY IN THE CITY (APN 5254-002-031)
It is recommended that the City Council consider:
(1) Adopting a resolution to record a Notice of Nuisance Abatement Lien; and/or (2) Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
Adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines § 15061(b)(3) because it can be seen with certainty that there is no possibility that the action proposed by the proposed resolution would have a significant effect on the environment.
3-B. RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MONTEREY PARK FIREFIGHTERS’ ASSOCIATION FOR THE TERM OF JULY 1, 2022 TO JUNE 30, 2023
It is recommended that the City Council consider:
(1) Adopting a Resolution approving a Memorandum of Understanding (“MOU”) between the City of Monterey Park and the Monterey Park Firefighters’ Association (“MPFFA”). The MPFFA represents the Firefighters, Fire Engineers, and Fire Captains in the Monterey Park Fire Department;
(2) Authorizing budget appropriation of approximately $337,134 from the General Fund and $270,000 from the American Rescue Plan Act (ARPA) Funds for the 2022-2023 fiscal year; and
(3) Taking such additional, related, action that may be desirable.
Monterey Park City Council Agenda, November 2, 2022 - Page 3
3-C. CONSIDERATION OF MAP. NO. 82847 FOR A SINGLE LOT SUBDIVISION (CONDOMINIUM
PURPOSES) TO FACILITATE AN TWO -UNIT RESIDENTIAL DEVELOPMENT, LOCATED AT 601 W EMERSON AVE
It is recommended that the City Council consider:
(1) Adopting a resolution approving Parcel Map No. 82847; (2) Accepting a 15-feet corner radius property line dedication at the northwest intersection of West Emerson Avenue and North Moore Avenue for street and public utility purposes; (3) Authorizing the Public Works Director, or designee, to sign Parcel Map No. 82847; (4) Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The Project was categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines § 15315 and 15332 as a Class 15 categorical exemption (Minor Land Divisions) and Class 32 categorical exemption (Infill Development).
3-D. HVAC IMPROVEMENTS AT VARIOUS CITY FACILITIES – AWARD OF PUBLIC WORKS
CONTRACT TO CARRIER CORPORATION
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with Carrier Corporation of Industry, CA in the contract amount of $329,001 for the HVAC Improvements at Various City Facilities project; (2) Authorizing the Director of Public Works to approve change orders and contingency up to $16,450, or 5% of the contract amount;
(3) Appropriating an additional $95,451 from the American Rescue Plan Act Fund for this project; and
(4) Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
Since the proposed work is a minor alteration to an existing public facility, this project is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA).
3-E. MODIFICATION TO AGREEMENT NO. 2077-A WITH MOBILE SOURCE AIR POLLUTION
REVIEW COMMITTEE (MSRC) AND PURCHASE OF A CNG ASPHALT TRUCK It is recommended that the City Council consider:
(1) Authorizing the City Manager or designee to submit a request for modification to Agreement No. 2077-A with Mobile Source Air Pollution Review Committee (MSRC) for the purchase of a CNG Asphalt Truck;
(2) Authorizing the purchase of a CNG Asphalt Truck from PC Loader, through Sourcewell Contract No. 052417-PBL;
(3) Appropriating $327,405 from the AQMD 2766 Subvention Fund (247) for the purchase of this vehicle; and
(4) Taking such additional, related, action that may be desirable.
Monterey Park City Council Agenda, November 2, 2022 - Page 4
3-F. PROFESSIONAL SERVICE AGREEMENT WITH AKM CONSULTING ENGINEERS FOR ON-
CALL ENGINEERING SERVICES
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute a 3 -year professional service agreement with AKM Consulting Engineers, to provide On-Call Engineering Services, in a form approved by the City Attorney; and
(2) Taking such additional, related, action that may be desirable.
[4.] PUBLIC HEARING
4-A. A PUBLIC HEARING TO CONSIDER INTRODUCTION AND FIRST READING OF AN ORDINANCE (ZONING CODE NO. 22 -01) ADDING CHAPTER 21.19 (INCLUSIONARY HOUSING) TO TITLE 21 (ZONING) OF THE MONTEREY PARK MUNICIPAL CODE TO IMPLEMENT THE MONTEREY PARK HOUSING ELEMENT; AND ADO PTION OF A
RESOLUTION ESTABLISHING AN IN- LIEU INCLUSIONARY HOUSING FEE
CALCULATION
It is recommended that the City Council consider:
(1) Opening a public hearing and taking testimonial and documentary evidence; (2) After closing the public hearing and considering the evidence submitted during that public hearing:
a. Introduce and waive first reading of Ordinance No. _____ adding Chapter 21.19 (Inclusionary Housing) to Monterey Park Municipal Code Title 21 (Zoning) to implement the Monterey Park Housing Element
b. Adopt Resolution No. _____ establishing an in- lieu inclusionary housing fee calculation; and
(3) Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
Pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq.; “CEQA”) and its implementing guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, the "CEQA Guidelines”), the proposed Ordinance and Resolution (ZCA 22 -01) are exempt from further CEQA review for the following reasons: (1) they will not result in a direct or reasonably foreseeable indirect physical change in the environment (CEQA Guidelines § 15060(c)(2)); (2) there is no possibility that the Ordinance or Resolution may have a significant effect on the environment because any potential, future, housing projects would undergo separate environmental review (CEQA Guidelines § 15061(b)(3)); and (3) the Ordinance and Resolution, by themselves, do not constitute a “project” as defined in the CEQA Guidelines because they involve a policy action that is legislative implementing affordable housing policy and affects prospective future housing development to comply with Housing Element Program 15 (CEQA Guidelines § 15378). The notice of exemption prepared for this project is contained in Attachment 4.
Monterey Park City Council Agenda, November 2, 2022 - Page 5
4-B. PUBLIC HEARING AND ADOPTION OF A RESOLUTION AUTHORIZING THE
APPLICATION AND RECEIPT OF GRANT FUNDS FOR THE PERMANENT LOCAL
HOUSING ALLOCATION PROGRAM THROUGH THE CALIFORNIA DEPARTMENT OF
HOUSING AND COMMUNITY DEVELOPMENT
It is recommended that the City Council consider:
(1) Opening the continued public hearing to receive testimonial and documentary evidence; (2) After closing the public hearing and considering the evidence, adopt a Resolution authorizing the City Manager, or designee, to apply for and accept grant funding in the amount of $1,913,226 from the California Department of Housing and Community Development's Permanent Local Housing Allocation Program; (3) Authorize the City Manager, or designee, to prepare and transmit the final documents to the California Department of Housing and Community Development ("HCD"); (4) Authorize the City Manager or designee to execute and submit the Standard Agreement for this grant, including amendments, in a form approved by the City Attorney; (5)
Authorize the City Manager or designee to take all actions necessary or desirable implement the proposed Permanent Local Housing Allocation Program five-year plan; (6) Authorize City Manager or designee to appropriate $814,496 to the FY22-23 budget; and (7) Taking such additional, related, action that may be desirable.
[5.] NEW BUSINESS
5-A. CONSIDERATION AND POSSIBLE ACTION TO READ BY TITLE ONLY, WAIVE FURTHER READING, AND INTRODUCE ORDINANCE AMENDING TITLES 16 AND 17 OF THE MONTEREY PARK MUNICIPAL CODE BY ADOPTING THE 2022 EDITION OF THE
CALIFORNIA BUILDING STANDARDS CODE AND THE MONTEREY PARK AMENDMENTS TO THE CALIFORNIA BUILDING STANDARDS CODE; SET PUBLIC HEARING FOR NOVEMBER 16, 2022
It is recommended that the City Council consider:
(1) Reading by title only, waiving further reading, and introducing the proposed Ordinance; (2) Scheduling a public hearing on November 16, 2022 for the second reading and adoption of the Ordinance; and/or
(3) Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
Pursuant to the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the proposed Ordinance affects commercial development or businesses and is not subject to further review under CEQA for the following reasons: (1) the Ordinance is an action being taken for enhanced environmental protection (14 Cal. Code Regs. § 15308); (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)); and (3) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)). The notice of exemption prepared for this project is contained in Attachment 2.
[6.] CITY COMMUNICATIONS (CITY COUNCIL)
[7.] FUTURE AGENDA ITEMS
Monterey Park City Council Agenda, November 2, 2022 - Page 6
[8.] CLOSED SESSION (IF REQUIRED; CITY ATTORNEY TO ANNOUNCE)
ADJOURN
City Council Staff Report
DATE: November 2, 2022
AGENDA ITEM NO:
TO: Honorable Mayor and City Council
FROM: Joaquin Vazquez, Deputy City Attorney
SUBJECT: Consideration and possible action to adopt a resolution to record a Notice of Nuisance Abatement Lien against certain property in the City (APN 5254-002-031).
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a resolution to record a Notice of Nuisance Abatement Lien; and/or
2. Taking such additional, related action that may be desirable.
CEQA (California Environmental Quality Act):
Adoption of this Resolution is exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines § 15061(b)(3) because it can be seen with certainty that there is no possibility that the action proposed by the proposed resolution would have a significant effect on the environment.
EXECUTIVE SUMMARY:
Adopting the attached resolution will allow the City to recover costs, including attorney’s fees, incurred the City’s abatement of the public nuisance present on certain real property located in the City (APN 5254-002-031) (the “Property”) owned by Center Int’l Investments, Inc. (“CII”). The Resolution authorizes recording the associated Notice of Nuisance Abatement Lien in the amount of $2,665,405.63. This will be the third lien on the Property for the time period of July 1, 2022 and September 30, 2022. After recording this lien, the liens against the Property will total $8,355.236.17.
BACKGROUND AND DISCUSSION:
As the Council is aware, the City is abating the public nuisance on the Property in accordance with the Settlement Agreement voluntarily entered into by CII in the civil case captioned The People of the State of California, ex rel., Mark D. Hensley, City Attorney for the City of Monterey Park v. Center Int’l Investments, Inc., et al. (filed December 31, 2015) LASC Case No. BC605788.
Consent Calendar - 3A
Staff Report
November 2, 2022
The City Council twice previously (on May 4, 2022 and August 1, 2022) authorized the Property to be liened for City nuisance abatement cost recovery. On September 30, 2022, Management Services Director Martha Garcia sent correspondence attached to the proposed Resolution demanding CII’s payment of $2,665,405.63 to the City in abatement costs for
Quarter 3 of 2022. This is in addition to the $5,689,830.54 already liened against the Property. The City has not received any payments from CII. After recording this lien, the total amounts liened against the Property is $8,355,236.17.
Pursuant to MPMC § 4.30.150 and Government Code § 38773.1, the City may recover its nuisance abatement costs by recording a lien against a subject property. The attached Resolution authorizes the City to record a Notice of Nuisance Abatement Lien against the Property. Under California law, the notice, upon recordation, would constitute a lien against the Property with the force, effect, and priority of a judgment lien. The City can foreclose against the lien through an action for money judgment. CII previously agreed to waive its notice and hearing rights in § 7 of the First Amendment to the Settlement Agreement.
FISCAL IMPACT:
The resolution will allow the City to impose a lien on the Property in the amount of $8,355,236.17. This is the first of several notices that will be brought to the City Council for consideration.
Respectfully submitted by:
____________________________
Joaquin Vazquez,
Deputy City Attorney
Approved by:
Karl H. Berger,
City Attorney
Attachment:
1. Resolution with exhibits
Approved by:
________________________________
Ron Bow
City Manager
Staff Report
No
vember 2, 2022
ATTACHMENT 1
Draft Resolution with exhibits
RESOLUTION NO.
A RES
OLUTION AUTHORIZING THE RECORDATION OF A NUISANCE
ABATEMENT LIEN AGAINST CERTAIN REAL PROPERTY LOCATED
IN THE CITY (APN 5254-002-031).
The C
ity Council does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. Cent
er Int’l Investments, Inc. (“CII”) is the record owner of the real property described as Los Angeles County assessor’s parcel number 5254-002-031 (the “Property”), which is located in the City of Monterey Park (the “City”).
B. Des
pite years of City efforts to cause CII to remediate the dangerous hillside slope conditions on the Property, CII failed to make the Property safe despite its promise to do so via settlement agreement with the City and the People of the State of California (the “Settlement Agreement”) in the civil case captioned The People of the State of California, ex rel., Mark D.
Hensley, City Attorney for the City of Monterey Park v. Center Int’l Investments, Inc. , et al. (filed December 31, 2015) LASC Case No.
BC605788.
C. The S
ettlement Agreement authorizes the City, on behalf of the People, to enter the Property, without additional CII consent, to remediate the Property’s nuisance conditions upon CII’s failure to timely develop the Property and abate the nuisance, at CII’s sole cost (Settlement Agreement § 2.A.vii, first amendment; § 2.b.5, second amendment).
D. Pur
suant to Resolution Nos. (collectively, the “Emergency Resolutions”) 12255 (adopted June 16, 2021), Resolution No. 2022- R22 (adopted April 20, 2022), 2022 -R34 (adopted May 18, 2022), and Resolution No. 2022- R63 (Adopted August 1, 2022), the City is exercising emergency powers to abate a public nuisance on the Property in accordance with the Settlement Agreement in the civil case referenced in paragraph B, above. This abatement is identified as the Goodviews Abatement Project (“GAP”).
E. Due
to CII’s ongoing failure to reimburse the City for costs incurred as a result of the GAP, as required under the Settlement Agreement, Management Services Director Martha Garcia sent correspondence dated September 30, 2022 demanding CII’s payment of $2,665,405.63 for the time period between July 1, 2022 and September 30, 2022, establishing a total of $ 8,355,236.17 in GAP costs owed to the City b y CII. A true and correct copy of that correspondence is attached as Exhibit “A ,” and incorporated by reference.
F. Pursuant to Monterey Park Municipal Code (“MPMC”) § 4.30.150 and Government Code § 38773.1, the City may recover its nuisance abatement costs by recording a lien against a subject property.
G. The Ci
ty Council approves the recordation of a lien against the Property through the Notice of Nuisance Abatement (“Notice”) attached as Exhibit “B,” and incorporated by reference. After recording this lien, the liens against the Property will total $8,355,236.17.
H. CII
agreed to waive its notice and hearing rights in § 7 of the first amendment to the Settlement Agreement
SECTION 2: Approval; Direction.
A. The Ci
ty Council approves the Notice and finds that it is true and correct.
B. The Ci
ty Council directs the City Clerk to submit the Notice with the Los Angeles County Recorder for recordation, pursuant to Government Code § 38773.1(c) and MPPC § 4.30.150(c).
SECTION 4: Severability. If any part fo this Resolution or its appliction is deemed invalid by a court of competent jurisdiction, the City Council intendds that such invalidity will not affect the effectiveness of the remaining provisions or applications, and to this end, the provisions of this Resolution are severable.
SECTION 5: Electronic Signatures . This Resolution may be executed with electronic signatures in accordance with Government Code § 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 7: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AN
D ADOPTED this 2nd day of November, 2022.
_________________
_______________
Henry Lo, Mayor
ATTEST:
_________________
___________
Vincent D. Chang, City Clerk
APPROV
ED AS TO FORM:
_________________
___________
Joaquin Vazquez, Deputy City Attorney
Att
achments:
Exhi
bit A: September 30, 2022 Demand letter for City GAP costs Exhibit B: Notice of Nuisance Abatement Lien
EXHIBIT “A”
SEPTEMBER 30, 2022 DEMAND LETTER FOR
CITY GAP COSTS
Pri
de in the Past • Faith in the Future
CITY OF MONTEREY PARK
320 West Newmark Avenue • Monterey Park • California 91754-2896 www.montereypark.ca.gov
September 30, 2022
City Co
uncil
Henry Lo
Hans Liang
Peter Chan
Yvonne Yiu
City Clerk
V
incent D. Chang
City Tr
easurer
Joseph Leon
Center Int’l Investments
501 W. Garvey Ave. #207
Monterey Park, CA 91754
Attn: Karrie On
Re: NOT
ICE OF ABATEMENT COSTS
Property: 1688 West Garvey
To Whom I
t May Concern:
This l
etter is a follow-up to the City of Monterey Park’s letters dated February 16, 2022, April 1, 2022, and July 1, 2022 regarding the nuisance abatement action affecting 1688 West Garvey Avenue, Monterey Park, CA (the “Property”) . The underlying public nuisance is identified in the civil case captioned The People of the State of California, ex rel., Mark D.
Hensley, City Attorney for the City of Monterey Park v. Center Int’l Investments, Inc. , et al. (filed December 31, 2015) LASC Case No. BC605788.
The nuisa
nce abatement activity, identified as the “Goodviews Abatement Project” or “GAP,” is being undertaken in accordance with the Settlement Agreement, as amended, executed by Center Int’l Investments, Inc. (“CII”).
Per t
he February 16, 2022 letter, abatement costs associated with the GAP will be recovered on a quarterly basis from CII. This is the third Notice for the time period between July 1, 2022 and September 30, 2022.
Att
ached to this Notice are the City’s abatement costs that were incurred by the City relating to the enforcement action against the Property. These abatement costs are imposed pursuant to Monterey Park Municipal Code (“MPMC”) Chapter 4.30. Please remit payment to the City within 30 days from the date of this letter.
This i
s a demand for payment in the amount of $2,665,405.63. This is in addition to the previously demanded $5,689,830.54 which remains unpaid and is accruing interest at 10% per annum. Payment must be made not later than October 30, 2022. Failure to pay by that date will cause the City to charge interest at the statutory rate on this outstanding amount (along with the unpaid amount). Additionally, the City will take action to collect its abatement
GAP Invoice
September 30, 2022
Page
2 costs in any manner allowed by law, including collection by special assessment or nuisance abatement lien (see MPMC § 4.30.150)
Be advised that CII waived all due process rights in this matter including, without limitation, appeals rights set forth in Monterey Park Municipal Code (“MPMC”) § 4.30.140. C II, therefore, waived any right to contest the notice of abatement costs. Consequently, this interim notice of abatement costs is final and binding for the time period stated above . This is not the total cost of the GAP; the City continues to incur costs on a daily basis.
Thank you for your prompt attention to this matter.
Sincerely,
Martha Garcia
Management Services Director
C: Ron Bow,
City Manager
Karl H. Berger, City Attorney
Alfred Fraijo Jr., Esq. @
Sheppard Mullin Richter & Hampton, LLP
333 South Hope Street
Los Angeles, CA 90071
Agent for
Service of Process:
Willis Do
1648 Puente Avenue
Baldwin Park, CA 91706
Process/
Invoice
Date Reference Project# Invoice# CR & CK# Amount
Payments/
Reversal Balance
12/31/21 Beacon Intergrated Professionals 64004 201366 CK108787 (406.00) (406.00) (406.00) 06/30/22 C.A. Rasmussen Inc. 64004 3393 CK108614 (836,567.67) (836,567.67) (836,973.67) 07/31/22 C.A. Rasmussen Inc. 64004 3430 CK109154 (855,284.76) (855,284.76) (1,692,258.43) 08/31/22 C.A. Rasmussen Inc. 64004 3473 CK109486 (109,526.45) (109,526.45) (1,801,784.88) 06/30/22 C.A. Rasmussen Inc. - 5% Retention 64004 Various (289,278.75) (289,278.75) (2,091,063.63) 09/28/22 City Expenses - Legal Fees 64004 Various (16,130.00) (16,130.00) (2,107,193.63) 09/26/22 City Expenses - Management Services 64004 11034 CK109254 (475.83) (475.83) (2,107,669.46) 07/25/22 Development Review / Phoenix Civil Engineering73008 22197 CK108801 (2,205.00) (2,205.00) (2,109,874.46) 06/15/22 Development Review / Phoenix Civil Engineering73008 22135 CK108733 (7,472.50) (7,472.50) (2,117,346.96) 09/01/22 Development Review / Phoenix Civil Engineering73008 22221 CK109448 (7,840.00) (7,840.00) (2,125,186.96) 09/12/22 Development Review / Phoenix Civil Engineering73008 22249 CK109554 (6,860.00) (6,860.00) (2,132,046.96) 07/15/22 Geosyntec Consultants, Inc. 64004 21478576 CK108979 (115,428.70) (115,428.70) (2,247,475.66) 08/15/22 Geosyntec Consultants, Inc. 64004 21481662 CK109181 (4,293.19) (4,293.19) (2,251,768.85) 08/15/22 Geosyntec Consultants, Inc. 64004 21481661 CK109181 (63,752.93) (63,752.93) (2,315,521.78) 06/30/22 Geosyntec Consultants, Inc. 64004 21476281 CK108487 (3,635.39) (3,635.39) (2,319,157.17) 06/30/22 Geosyntec Consultants, Inc. 64004 21476280 CK108487 (80,210.17) (80,210.17) (2,399,367.34) 07/15/22 Geosyntec Consultants, Inc. 64004 21478577 CK109515 (9,138.82) (9,138.82) (2,408,506.16) 09/16/22 Geosyntec Consultants, Inc. 64004 21485063 Pending (59,647.13) (59,647.13) (2,468,153.29) 09/16/22 Geosyntec Consultants, Inc. 64004 21485064 CK109515 (2,862.19) (2,862.19) (2,471,015.48) 06/30/22 KCM Group 64004 11957 CK108995 (39,668.85) (39,668.85) (2,510,684.33) 07/31/22 KCM Group 64004 11986 CK109260 (12,525.18) (12,525.18) (2,523,209.51) 07/31/22 KCM Group 64004 11986 CK109260 (65,479.83) (65,479.83) (2,588,689.34) 08/31/22 KCM Group 64004 12003 CK109531 (45,788.79) (45,788.79) (2,634,478.13) 01/15/22 L.A. County Sandbags 73008 21-M11172 CK105878 (28,207.50) (28,207.50) (2,662,685.63) 09/19/22 Burke, Williams & Sorensen 64004 290188 CK109533 (2,720.00) (2,720.00) (2,665,405.63) - (2,665,405.63)
- (2,665,405.63)
Balance Due (2,665,405.63) (2,665,405.63)
EXHIBIT “B”
NOTICE OF NUISANCE ABATEMENT LIEN
NOTICE OF NUISANCE ABATEMENT LIEN
NOTICE IS HEREBY GIVEN that, pursuant to Government Code § 38773.1 and Monterey Park Municipal Code § 4.30.150, the City of Monterey Park (“City”) seeks to impose a nuisance abatement lien against the real property (“Property”) described below for the City’s unreimbursed costs incurred in abating a public nuisance under a duly issued judicial abatement warrant. The Monterey Park City Council ordered the imposition of a nuisance abatement lien through its adoption of Resolution No. XXX on November 2, 2022 (attached as Exhibit “A”). Pursuant to a settlement agreement by and among the City the People of California, and the owner of the Property in the civil litigation captioned, The People of the State of California, ex rel., Mark D. Hensley, City Attorney for the City of Monterey Park v. Center Int’l Investments, Inc., et al. (LASC Case No. BC605788), the Property owner agreed to waive its notice and hearing rights in § 7 of the first amendment to such settlement agreement, which is on file with the City Clerk.
Recordation of this notice of nuisance abatement lien against the Property is made pursuant to Government Code § 38773.1(c) and Monterey Park Municipal Code §
4.30.150(c). Once recorded, this notice will constitute a lien against the Property with the force, effect, and priority of a judgment lien (Gov. Code, § 38773.1, subd. (c)). The City may foreclose on this nuisance abatement lien by a City action for a money judgment. (Ibid.) In accordance with § 38773.1(c)(1), the following apply to the Property and this notice of nuisance abatement lien:
Lien amount $2,665,405.63
Agency on whose behalf
the lien is imposed
City of Monterey Park
Property assessor’s
parcel number
5254-002-031
Property legal
description
LOT 1 OF TRACT NO. 34875, IN THE CITY OF MONTEREY
PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
AS PER MAP RECORDED IN BOOK 932, PAGES 16-18 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY
Address associated with
Property
No known address associated with the Property pursuant to Los Angeles County property and title records
Property record owner Center Int’l Investments Inc., a California Corporation Property owner address 846 East Garvey Avenue, #D, Monterey Park, CA 91755
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
City of Monterey Park
Attn: City Clerk
320 W. Newmark Ave.
Monterey Park, CA 91754
No fee per Government Code § 27383
Signed the day of November 2022. CITY OF MONTEREY PARK
_________________________
Ron Bow, City Manager
(NOTARIZED SIGNATURE REQUIRED)
EXHIBIT “A”
TO NUISANCE ABATEMENT LIEN
CERTIFIED MONTEREY CITY PARK
RESOLUTION NO. XX
City Council Staff Report
+
DATE: November 2, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Christine Tomikawa, Director of Human Resources and Risk Management SUBJECT: Resolution approving the Memorandum of Understanding between the City and the Monterey Park Firefighters’ Association for the term of July 1, 2022 to June 30, 2023
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a Resolution approving a Memorandum of Understanding (“MOU”) between the City of Monterey Park and the Monterey Park Fi refighters’ Association (“MPFFA”).
The MPFFA represents the Firefighters, Fire Engineers, and Fire Captains in the Monterey Park Fire Department;
2. Authorizing budget appropriation of approximately $337,134 from the General Fund and $270,000 from the American Rescue Plan Act (ARPA) Funds for the 2022-2023 fiscal year; and
3. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
Representatives of the City of Monterey Park (“City”) and MPFFA met and conferred to negotiate the terms and conditions of a new Memorandum of Understanding (“MOU”) regarding employment. The parties reached an agreement on an MOU effective July 1, 2022 to June 30, 2023.
BACKGROUND:
MPFFA’s current MOU term is valid from July 1, 2018 to June 30, 2022. On October 11, 2022 MPFFA’s representatives agreed to the following terms and conditions:
• One year agreement – July 1, 2022 to June 30, 2023
• Base salary increase – 2% cost of living adjustment to base salary effective retroactively to the first full pay period when the MPFFA ratified the agreement terms and after Council approval of this MOU.
• Article 19 – Educational Incentive Pay increase monthly contribution for qualified employees:
o In
crease Associate’s degree or 60 units of college credit pay from $135/mo. to 2% of base salary per month.
o In
crease Bachelor’s degree pay from $275/mo. to 5% of base salary per month. o Increase Master’s degree pay from $325/m. to 6% of base salary per month. • Article 22 – Longevity Pay
Consent Calendar - 3B
Staff Report
November 2, 2022
o Increase monthly pay from $100/mo. to 4.5% of base salary after completion of 20 years of continuous safety service with the City.
o Increase monthly pay from $350/mo. to 9% of base salary after completion of 25 years of continuous safety service with the City.
• Article 27 – 401(a) Plan/Deferred Compensation Plan
o Tier 2 – New Members (PEPRA) – increase City contribution of $185/mo. to 3% of monthly base salary to 401(a) Plan.
• Modification to MOU language for:
o Article 8 – Irrevocable election method for all discretionary leave cash out(s)
• Essential Worker Premium Pay – non-PERSable lump sum of $6,000 per employee covered by the MPFFA MOU, who was employed in the unit prior to March 31, 2021 and is still employed in this unit on the date of distribution. To be distributed with the first payroll distribution after Council adoption of this MOU.
FISCAL IMPACT:
The total cost of the MOU is estimated at a total of $607,134. An Authorized budget appropriation of approximately $337,134 from the General Fund and $270,000 from the American Rescue Plan Act (ARPA) Funds for the 2022-2023 fiscal year is required.
Respectfully submitted by: Review by:
Christine Tomikawa
Director of Human Resources and
Risk Management
Martha Garcia
Director of Management Services
Approved by:
Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENTS:
1. Monterey Park Firefighters’ Association MOU – redline version
2. Monterey Park Firefighters’ Association MOU – clean version
3. Proposed MOU Resolution
Staff Report
November 2, 2022
ATTACHMENT 1
Monterey Park Firefighters’ Association
Memorandum of Understanding – Redline version
[i]
MO110\170\10261080.v1
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF MONTEREY PARK
And
THE MONTEREY PARK FIREFIGHTERS'
ASSOCIATION
(JULY 1, 202218 – JUNE 30, 20232)
[ii]
MO110\170\10261080.v1
TABLE OF CONTENTS
PREAMBLE ................................................................................................................................... 121 ARTICLE 1 - SCOPE OF REPRESENTATION ....................................................................... 121 ARTICLE 2 - RECOGNITION .................................................................................................... 121 ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS ........................................................... 2 ARTICLE 4 - EMPLOYER AND/OR EMPLOYEE RELATIONS ............................................. 2 ARTICLE 5 - COMMUNICATIONS .......................................................................................... 323 ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND OPERATIONS. ....... 323 ARTICLE 7 - GRIEVANCE PROCEDURE ............................................................................... 424 ARTICLE 8 - VACATIONS AND HOLIDAYS ......................................................................... 828 ARTICLE 9 - SICK LEAVE ....................................................................................................... 1029 ARTICLE 10 - BEREAVEMENT LEAVE ............................................................................. 12211 ARTICLE 11 - EMERGENCY AND FAMILY SICK LEAVE............................................. 13212 ARTICLE 12 - MILITARY LEAVE ........................................................................................ 13212 ARTICLE 13 - JURY DUTY .................................................................................................... 13212 ARTICLE 14 - LEAVE OF ABSENCE ................................................................................... 14213 ARTICLE 15 - UNIFORM ALLOWANCE ............................................................................ 14213 ARTICLE 16 - HEALTH INSURANCE .................................................................................. 15214 ARTICLE 17 - RETIREE HEALTH SAVINGS PLAN .............................................................. 16 ARTICLE 18 - EDUCATIONAL ENROLLMENT COST REIMBURSEMENT .............. 18217 ARTICLE 19 - EDUCATIONAL INCENTIVE PAY ............................................................ 19218 ARTICLE 20 - TRAVEL REIMBURSEMENT...................................................................... 20218 ARTICLE 21 - RETIREMENT BENEFITS ........................................................................... 20218 ARTICLE 22 - SALARY AND WAGES ............................................................................... 222200
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ARTICLE 23 - WORK SCHEDULE ....................................................................................... 24222 ARTICLE 24 - PARAMEDICS ................................................................................................ 24222 ARTICLE 25 - PHYSICAL EXAMINATIONS ...................................................................... 25223 ARTICLE 26 - PHYSICAL FITNESS INCENTIVE PROGRAM ....................................... 25224 ARTICLE 27 – 401(A) PLAN/DEFERRED COMPENSATION PLAN .............................. 25224 ARTICLE 28 - ACTING PAY ................................................................................................. 27225 ARTICLE 29 - FAIR LABOR STANDARDS ACT................................................................ 29227 ARTICLE 30 – TRANSFER ..................................................................................................... 32230 ARTICLE 31 - PERSONNEL RULES AND REGULATIONS ............................................ 32230 ARTICLE 32 - WRITTEN NOTICES TO RECOGNIZED EMPLOYEE ORGANIZATION ... 32230 ARTICLE 33 - GENERAL PROVISIONS .............................................................................. 32231 ARTICLE 34 - TERM OF MEMORANDUM OF UNDERSTANDING ............................. 34232 ARTICLE 35 - CITY COUNCIL APPROVAL ...................................................................... 35233
ADDENDUM A
........................................................................................................................................................... 36 234
ADDENDUM B .......................................................................................................................... 37235
1 MO110\170\10261080.v1
MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF MONTEREY PARK
And
THE MONTEREY PARK FIREFIGHTERS' ASSOCIATION
(48 Month Agreement: July 1, 202218 – June 30, 20232)
PREAMBLE
This Memorandum has been prepared in accordance with the California Government Code (Section 3500 et seq.). The City of Monterey Park, California, hereinafter referred to as the "City", and the Monterey Park Firefighters' Association, hereinafter referred to as the "Recognized Employee Organization," have reached this Memorandum of Understanding pursuant to meeting and conferring in good faith.
ARTICLE 1 - SCOPE OF REPRESENTATION
A. The wages, hours and working conditions specified in this Memorandum shall constitute the wages, hours and working conditions for the term of this Agreement.
B. This agreement may be expanded further by the addition of provisions involving mandatory subjects of negotiations from 1) the City Personnel Rules and Regulations, 2) the Fire Department Rules and Regulations, and 3) the disciplinary procedures. Representatives of the City and the Recognized Employee Organization will meet as necessary to identify the above provisions and redraft them, if necessary, for incorporation into this Memorandum of Understanding.
Upon completion of the committee review process, the negotiating parties will meet and attempt to agree upon the new provisions. Any agreements will be incorporated thereafter by reference into this Memorandum of Understanding. If no agreement is reached, the status quo will be continued, and there will be no incorporation into the M.O.U.
ARTICLE 2 - RECOGNITION
A. The Monterey Park Firefighters' Association is hereby recognized as the exclusive Recognized Employee Organization for those employees occupying the job classifications of Firefighter, Fire Engineer, and Fire Captain.
B. The City acknowledges the Recognized Employee Organization as the representative for employees in the Fire Department for the purpose of meeting and conferring in good faith regarding wages, hours, and other terms and conditions of employment.
C. This Memorandum does not preclude employees in such employment classifications from representing themselves individually in their employment relations with the City.
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ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS
To ensure that the City is able to carry out its statutory functions and responsibilities, the following matters will not be subject to the terms of this Memorandum, but shall be within the exclusive discretion of the City: to select and determine the number and types of employees required; to assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to hire, transfer and promote or lay off employees for lack of work and for all other legitimate reasons; to suspend, discipline or discharge for just cause; to determine and change methods or operations; to determine and change, at its sole discretion, the number of locations, relocations and types of operation and the processes and materials to be employed.
ARTICLE 4 - EMPLOYER AND/OR EMPLOYEE RELATIONS
A. During the life of this Memorandum, all employees as described above in Article 2, Section A, shall have the right to join the Recognized Employee Organization, or to refuse or refrain from joining said organization.
B. Members of the Recognized Employee Organization may, by any reasonable method, select six (6) representatives who may or may not be City employees to meet and confer with the City Representative Committee or other management officials on subjects within the scope of representation during regular duty or working hours, without loss of time, provided:
1. That no employee representative shall leave duty or workstation or assignment without specific approval by any authorized departmental management official.
2. That any such meeting is subject to scheduling by an authorized departmental management official so as to avoid interference with or interruption of assigned work schedules or work performance.
C. The City will deduct dues and initiation fees from those employees who voluntarily sign and have submitted to the City the necessary authorization card. Deductions as authorized by the employees shall be deducted from earned wages or salaries each pay period. The City shall forward to the Recognized Employee Organization during the succeeding week all dues and/or initiation fees deducted from the employees.
D. The Recognized Employee Organization shall indemnify, defend, and hold the City harmless against any claim and any suit instituted by an employee against the City which shall arise out of any action which shall be taken by the City in accordance with the foregoing provisions as set forth in Section C above.
E. The Recognized Employee Organization representatives, while on City property, shall abide by the City's safety rules and regulations.
F. Such individuals, after being excused from their regularly assigned duties by the
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Fire Chief or delegated representative, will be permitted to take reasonable time to discuss terms and conditions as set forth in this Memorandum.
G. Said employee or employees, if on duty, shall be paid for such reasonable time by the City at the employee's regular rate of pay. However, no overtime will be paid by the City for time spent as set forth above, except if and when the employee is working a relief overtime shift.
H. A written list of the Officers of the Recognized Employee Organization and the Employee Representatives shall be furnished to the City immediately after their designation and the Recognized Employee Organization shall notify the City promptly in writing of any changes of such Officers or Representatives.
ARTICLE 5 - COMMUNICATIONS
Space shall be provided on City bulletin boards for the posting of the following notices of immediate concern to the employee group members:
A. Recognized Employee Organization recreational and social activities.
B. Recognized Employee Organization election notices and results.
C. Recognized Employee Organization meetings and events.
D. Such other notices as may be mutually agreed upon by the Recognized Employee Organization and the Fire Chief or representative.
E. No information shall be placed upon a Fire Station bulletin board if it contains personal attacks upon any City employee or representative.
ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES
AND OPERATIONS
A. The Recognized Employee Organization hereby agrees that during the term of this Memorandum, the employees of the City, as set forth in Article 2, Section A, the officers and/or agents of the Recognized Employee Organization shall not engage in, encourage, sanction, support, authorize or suggest any work stoppages, strikes, boycotts, slowdowns, mass resignation, mass absenteeism, picketing, or any other intentional interference of the work of the City.
B. In the event any employee, or employees, participate in any such activities as set forth above, the Recognized Employee Organization shall notify such employee or employees, so engaged to cease and desist from such activities and shall instruct said person, or persons, to return to their normal work assignment and duties.
C. The employee, or employees, participating in such activities as set forth in paragraphs A and B above, shall be subject to disciplinary action by the City, including suspension or discharge in accordance with the City's Personnel Rules and Regulations.
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ARTICLE 7 - GRIEVANCE PROCEDURE
A. DEFINITIONS
1. A "grievance" is an allegation by the Association or an Association member that a specific term of the MOU has been violated.
2. Disciplinary action consisting of one work shift suspension or less (or the money equivalent to such action) shall not be subject to arbitration and shall be resolved at Level III. The City Manager appeal shall not be an evidentiary hearing and shall follow the procedures for conducting a Skelly hearing. However, in any case where an employee is subject to two or more 1-work shift suspensions in any twelve consecutive month period, then the second such suspension and any thereafter within a twelve consecutive month period shall be subject to arbitration in the same manner as are other arbitrable disciplinary matters.
3. Except as provided above, a "disciplinary grievance" is a formal written objection or challenge to any disciplinary action as defined by the Personnel Rules and Regulations.
The grievance procedure shall not be utilized by an employee to contest the content of a performance evaluation, verbal or written reprimands or other documentation regarding the employee’s work performance which is not defined as disciplinary action by Rule XV of the City Personnel Rules and Regulations. A disciplinary grievance shall be filed after the written receipt of the City Manager’s decision, and shall constitute the sole and exclusive process of appeal. Such appeals shall be processed at Level IV, Arbitration.
4. Disputes regarding jurisdiction (grievability of an issue) shall not be subject to resolution by the grievance procedure and instead, are subject to resolution by the Public Employment Relations Board.
5. A "grievant" is any unit member or Recognized Employee Organization on behalf of specified unit members adversely affected by an alleged violation of the specific provisions of this Memorandum, or a punitive disciplinary action.
6. A "day" is any day in which the administrative offices of the City of Monterey Park are open for regularly scheduled business.
B. GENERAL PROVISIONS
1. Until final disposition of a grievance, the grievant shall comply with the directions of the grievant’s immediate supervisor.
2. All documents dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
3. Time limits for appeal provided at any level of this procedure shall begin
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the first day following receipt of the written decision by the grievant and/or the Recognized Employee Organization. Failure of the grievant to adhere to the time deadlines shall mean that the grievant is satisfied with the previous decision and waives the right to further appeal. The grievant and the City may extend any time deadline by mutual agreement.
4. Every effort will be made to schedule meetings for the processing of grievances at times that will not interfere with the regular work schedule of the participants. If any grievance meeting or hearing must be scheduled during duty hours, any employee required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay for a reasonable amount of time.
5. Any unit member may, at any time, present grievances to the City and have such grievances adjusted without the intervention of the Recognized Employee Organization, as long as the adjustment is reached prior to arbitration and the adjustment is not inconsistent with the terms of this Memorandum; provided that the City shall not agree to a resolution of the grievance until the Recognized Employee Organization has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response within twenty (20) days. Upon request of the grievant, the grievant may be represented at any stage of the grievance procedure by a representative of the Recognized Employee Organization, which may include the attorney of the Recognized Employee Organization.
6. This grievance procedure shall be the sole and exclusive procedure for processing objections or challenges to disciplinary actions as defined in the Personnel Rules and Regulations and shall satisfy all administrative appeal rights and protections.
7. There shall be no reprisals against any Department employee for processing a grievance at any level, or for assisting a grievant in the processing of a grievance.
C. PROCEDURE - Grievances will be processed in accordance with the following procedures:
1. Level I - Informal Resolution
Any unit member who believes he/she has a grievance which is an alleged violation of the specific provisions of this Memorandum of Understanding shall present the grievance orally to the immediate supervisor within fifteen (15) days after the grievant knew, or reasonably should have known, of the circumstances which form the basis for the grievance. Failure to do so will render the grievance null and void. The immediate supervisor shall hold discussions and attempt to resolve the matter within ten (10) days after the presentation of the grievance. It is the intent of this informal meeting that at least one personal conference be held between the aggrieved employee and the immediate supervisor.
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2. Level II - Formal Written Grievance
a. If the grievance is not settled during the informal conference and the grievant wishes to press the matter, the grievant shall present the grievance in writing on the appropriate form to the Fire Chief within ten (10) days after the oral decision by the immediate supervisor.
The written information shall include: (a) A description of the specific grounds of the grievance, including names, dates, and places necessary for a complete understanding of the grievance; (b) A listing of the provisions of this agreement which are alleged to have been violated; (c) A listing of the reasons why the immediate supervisor's proposed resolution of the problem is unacceptable; and (d) A listing of specific actions requested of the City which will remedy the grievance.
b. The Fire Chief or designated representative shall communicate the decision, in writing, to the grievant within ten (10) days after receiving the grievance.
c. Within the above time limits either party may request a personal conference.
3. Level III - Appeal to the City Manager
a. If the grievant is not satisfied with the decision at Level II, the grievant may, within ten (10) days of the receipt of the decision at Level II, appeal the decision to the City Manager. This statement shall include a copy of the original grievance and appeal, and a clear, concise statement of the reasons for the appeal.
b. The City Manager shall communicate the decision, in writing, to the grievant within ten (10) days. If the City Manager does not respond within the time limits provided, the grievant may appeal to the next level.
4. Level IV - Binding Arbitration
a. If the grievant is not satisfied with the decision at Level III, or if an employee wishes to appeal the disciplinary decision of the City Manager, the grievant/employee may, within ten (10) days of the receipt of the decision, submit a request in writing to the Recognized Employee Organization for arbitration of the dispute. Within twenty (20) days of the grievant's receipt of the decision at Level III, the Recognized Employee Organization shall inform the City, in writing, of its intent to arbitrate. The Recognized Employee Organization and the City shall attempt to agree upon an arbitrator.
If no agreement can be reached, they shall request that the State Mediation and Conciliation Service supply a panel of seven (7) names of persons experienced in hearing grievances in cities. Each party shall alternately strike a name until only one remains. The remaining panel member shall be the arbitrator. The order of the
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striking shall be determined by lot.
b. The arbitrator shall, within thirty (30) days, unless both parties agree otherwise, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.
c. The City and the Recognized Employee Organization agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of this Agreement. The arbitrator shall be without powers or authority to make any decision that requires the City or management to do an act prohibited by law.
d. In the event that this grievance procedure is used to challenge disciplinary actions, the arbitrator shall prepare a written decision containing findings of fact, determination of issues, and statement of the precise disciplinary penalty, if any.
e. After a hearing and after both parties has had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and award.
f. The award of the arbitrator shall be final and binding within sixty (60) days of submission. During this sixty (60) day, period either party may request, in writing, a clarification of the decision. A copy of such request must be provided to the other party simultaneously with the sending of the request to the arbitrator.
g. The fees and expenses of the arbitrator shall be shared equally by the City and the Recognized Employee Organization. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Either party may request a certified court reporter to record the entire arbitration hearing. The cost of the services of such court reporter shall be shared equally by the parties.
h. By filing a grievance and processing it beyond Level III, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this
grievance/arbitration procedure. The processing of a grievance beyond Level III shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen
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forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdiction.
ARTICLE 8 - VACATIONS AND HOLIDAYS
I. PREAMBLE
It is the intent and purpose of this vacation and holiday leave policy that all employees avail themselves of accrued vacation and holiday time in order to promote a safe and productive working environment. However, the parties do recognize that personal circumstances and/or the staffing requirements of the Fire Department may periodically impact the ability of an employee to utilize any or all of his/her annual vacation and holiday accrual.
A. VACATION PROGRAM
1. The maximum vacation accrual is 312 hours.
2. With the approval of the 2011-12 MOU, employees with existing vacation hours had hours placed in Vacation Bank No. 1. No additional hours accrue to Vacation Bank No. 1.
At the same time, Vacation Bank No. 2 was established. Vacation accrual from the establishment of Vacation Bank No. 2 was placed in Vacation Bank No. 2 with a maxmimum accrual cap of 312 hours.
3. Once the vacation hours in Bank No. 2 reach 312 hours, additional vacation (above the maximum) shall be automatically cashed out as part of the regular payroll process. Said hours shall be cashed out during the pay period in which they would have been earned.
4. Vacation usage or cash out in accordance with this Article shall first be deducted from Bank No. 2.
5. Effective July 1, 1994, every full time sworn member of the Fire Department shall accrue vacation with pay as follows:
Commencement of Year of Service Accrual Rate
0 through and including 7 6 shifts per year
8 through and including 9 7 shifts per year
10 through and including 13 9 shifts per year
14 through and including 15 10 shifts per year
16 through and including 17 11 shifts per year
18 through and including 19 12 shifts per year
20 plus 13 shifts per year
6. Sworn Fire Members assigned to a twenty-four hour shift may, annually during any fiscal year, elect to cash out up to 8 shifts (192 hours) of vacation
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time. The effective date(s) of any such cash-out to be determined by the employee.
Beginning in December 2022, and each December thereafter, employees may irrevocably choose in writing, on a form available from the Human Resources Department, to cash out up to 8 shifts (192 hours) that are to be accrued and remaining unused in the following calendar year. Vacation balances rolled over from prior calendar years are not eligible for cash out.
Regardless of the number of hours irrevocably elected for cash out, the cash out will only be made from hours accrued during the calendar and not otherwise used for time off or otherwise by the employee at the time of the cash out. Cash outs shall be paid in December of each year.
The payment shall be made via payroll with the last paycheck in the following December after receipt of the irrevocable election form.
Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in the optional annual leave cash-out program for that following calendar year.
In the event an employee has less hours in their leave bank at the time the cash-out is to be paid than they had previously elected to cash-out, the employee shall only be paid for up to the amount that was accrued that calendar year that is remaining in their designated leave bank at the time of the actual cash-out.
If an employee makes an irrevocable election to cash-out leave in the following calendar year and uses leave during that subsequent calendar year, the leave used may come from leave the employee had earned (if any) prior to January 1st of the calendar year the employee had elected to cash- out and/or in the same calendar year. The employee’s use of earned, but unused leave accumulated from previous calendar years shall not result in a reduction in the amount of leave hours the employee is eligible to cash-out.
An employee who experiences an unforeseeable emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, subject to the same value that was permitted at the time the annual irrevocable election forms were due.
For these purposes, an “unforeseeable emergency” means a financial hardship to the employee resulting from any of the following:
• Accident, illness, injury or death of the employee or an immediate family member. For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or
• Loss of extensive damage to the employee’s property due to casualty; or
• Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant.
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Whether an occurrence is an unforeseeable emergency shall be solely determined by the City Manager or designee.
The City shall make a form available for employees to make their irrevocable election.
B. HOLIDAYS
1. Effective upon implementation of the 2004-06 MOU, Association members shall commence accruing twelve (12) holiday hours per month. Any holiday time accrual above twenty-four (24) hours shall be automatically cashed out as part of the first pay period following December 1 st of each year.
Use of said holiday time shall be governed by Article 8(c) of this MOU.
C. Approval to use Vacation and Holiday Time remaining in Vacation and/or Holiday banks
1. Unless otherwise approved in writing by the Fire Chief and/or his/her designee, granting of any request to utilize earned vacation and/or holiday time shall be subject to the proviso that in no case shall more than two captains, two engineers, two firefighter/paramedics, and two firefighters assigned to a shift (a total of eight personnel) be authorized to utilize said leave during all or part of the same shift date(s). Where request to utilize said leave exceeds the per shift/classification numbers described in this paragraph, then the request filed earlier shall have priority. In cases where requests are filed simultaneously, priority shall be given to the most senior (in total service) applicant.
ARTICLE 9 - SICK LEAVE
A. Sick Leave with pay shall be granted to every full-time employee who has been continuously employed for a period of time in excess of 30 days. Such sick leave shall be granted by the appointing authority at any time after 30 days of employment, at the rate of twelve hours for each full calendar month of continuous employment with the City, including time served in probationary status.
Effective the pay period that includes January 1, 2019, the hours of sick leave earned by each employee annually will be reduced from one-hundred forty-four (144) hours to ninety-six (96) hours per year to allow forty-eight (48) hours at regular rate of pay to be used for a new Retiree Health Savings Plan (see Article 17, page 16 for the Retiree Health Savings Plan). The forty-eight (48) hour contribution shall be prorated at the rate of four (4) hours per month.
B. Sick leave is paid leave from work that can be used for the following purposes:
1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee’s family members: child of any age or dependency status; parent; parent-in- law; spouse; registered domestic partner; grandparent; grandchildren; or
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sibling; or
For an employee who is a victim of domestic violence, sexual assault, or stalking to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his or her child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.
For full time employees, one-half of the employee's accrued and available annual sick leave is protected and may be used for any of the purposes stated above.
C. Light Duty Eligibility - Subject to the one exception described herein, light duty (modified duty) shall be made available only to those individuals suffering an industrial injury. The only exception to this rule shall be that non-industrial disabilities related to pregnancy, shall result in the subject employee being eligible for light (modified) duty.
D. In those instances where an employee had accumulated sick hours on or before implementation of the 2011-2012 MOU, the employee was subject to two (2) separate sick leave banks. The first sick leave bank (Bank No. 1) shall consist of the total number of sick hours accrued on or before implementation of the 2011- 2012 MOU. The number of sick hours contained within Bank No. 1 shall not increase.
E. Concurrent with creation of Bank No. 1 above, there shall be created a second sick bank (Bank No. 2) that shall have a balance of zero (0) at its inception. Sick hours accumulated on or after implementation of the 2011-2012 MOU shall be deposited in Bank No. 2 but in no case shall said accumulation in Bank 2 exceed 800 hours.
F. Sick usage or cash out in accordance with this Article shall first be deducted from Bank No. 2.
G. The employee shall notify the on-duty Division Chief or his/her designee at least one hour before the beginning of the assigned shift, or when the need for leave is forseeable. When absence is for more than three consecutive shifts, the employee may be requested to provide the supervisor with a physician's certificate indicating the need for leave. A supervisor may require an employee to submit a physician's statement of illness regardless of the length of an employee's period of absence, if the supervisor has reason to question the validity of the employee's sick leave request.
H. The City Manager, or designee, may require an employee to submit to a City-paid fitness for duty examination to determine if the employee is able to perform the essential functions of his or her job when there is significant evidence that:
1. The employee’s ability to perform one or more essential functions of his or her job has declined; or
2. Could cause a reasonable person to question whether an employee is still
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capable of performing one or more of his or her essential job duties, or is still capable of performing those duties in a manner that does not harm him or herself or others.
I. Refusal of any employee to submit to such medical examination shall constitute insubordination and grounds for disciplinary action.
J. Sick Leave Cash Out
The following sick leave cash out plan shall be implemented:
SICK LEAVE BANK 1:
1. Upon the service or disability retirement of an employee, the City will pay to the employee an amount equal to 33.31% of the individual employee's accumulated sick leave account in Bank 1. Payment will be made at the employee's then current rate of pay.
2. Upon the death of an employee prior to retirement, the City will pay to the employee's designated beneficiary under the City's life insurance program, an amount equal to 33.31% of the employee's accumulated sick leave balance in Bank 1. Payment will be made at the employee's current rate of pay.
SICK LEAVE BANK 2:
Upon the service or disability retirement, an employee with 10 or more year’s service may cash out accrued Bank 2 sick leave at the rate of 16 hours for every one year (12 months) of City service.
K. Sick Leave Usage:
Employees absent from a partial day due to sick will use one hour for each hour of sick leave to cover the absence. An employee absent from a full shift shall use twenty-four (24) hours to cover all hours of the shift when they were absent.
ARTICLE 10 - BEREAVEMENT LEAVE
A. Each regular employee may be granted bereavement leave at the discretion of the Fire Chief whenever death occurs to a member of the employee’s immediate family.
Bereavement leave may not exceed the number of shifts required to provide three calendar days off. However, if travel outside the State of California, or within the State of California but extending beyond a distance of 300 miles from Monterey Park is necessary, bereavement leave may be extended to the number of shifts required to provide a total of five calendar days. Shifts of Bereavement Leave are to be charged to an account separate from the employee’s sick leave account.
B Immediate family, for the purpose of bereavement leave, shall include: spouse, father, father-in-law, mother, mother-in-law, child, stepchild, grandparents, and grandchildren, brother, brother-in-law, sister or sister-in-law or the employee.
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ARTICLE 11 - EMERGENCY AND FAMILY SICK LEAVE
A. An employee covered by this Agreement may be granted emergency sick leave or family sick leave at the discretion of the Fire Chief, or as otherwise required by law, whenever serious illness or other illness occurs to a member of the employee's immediate family.
B. Emergency and family sick leave will be charged to sick leave rather than vacation.
C. Immediate family, for the purpose of emergency or family sick leave, shall include:
spouse, father, father-in-law, mother, mother-in-law, child, stepchild, grandparents, grandchildren, brother or sister of the employee.
D. Serious illness, for the purpose of emergency sick leave, shall be defined as an emergency situation, in that the family member -- injured or ill -- requires hospitalization and/or immediate medical attention and treatment by a physician.
The employee is expected to make suitable arrangements for the care of the injured or ill family member as soon as practicable following the actual emergency.
E. Family illness shall be defined as a situation that requires an employee to take care of a family member who is ill or has a scheduled appointment with a health care professional.
F. Should the need for family leave under the terms of this Article exceed the number of shifts occurring within a seven consecutive calendar day period per occurrence, the employee shall make application for leave under authority of the Family and Medical Leave Act (FMLA) and any continued approval for leave shall be governed by provisions contained therein.
G. In order to receive compensation while absent on family or emergency sick leave the employee shall obtain prior verbal approval from the Fire Chief or his/her authorized representative.
ARTICLE 12 - MILITARY LEAVE
Military Leave of Absence shall be granted in accordance with provisions of the City of Monterey Park’s Personnel System Rules and Regulations, Administrative Policy 30-14 and as defined in Section 395 et. seq. of the Military and Veteran's Code of the State of California.
ARTICLE 13 - JURY DUTY
An employee of the City who is required to participate as a juror or required to participate in the jury selection process, shall, each fiscal year, continue to receive full salary and benefits for all shifts the employee is regularly scheduled to work which occur for the ten calendar days from and including the first day the employee is required to report for jury service and is engaged in such activities. Compensation shall extend beyond ten (10) days only upon provision to the City of a certified court document showing that trial counsel and/or the court estimated the trial for which an employee has been selected as a juror, to be of ten (10) or less days in duration.
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ARTICLE 14 - LEAVE OF ABSENCE
As defined in Rule XI, Attendance and Leaves, Section 4, Leave of Absence, of the Personnel System Rules and Regulations of the City of Monterey Park, except as modified herein.
A. When an employee maintains a non-paid employment status, the City shall make no premium or other contributions to insurance coverage except as may be required by law as it, from time to time exists. In such case, the employee shall be required to deposit any and all insurance premiums with the City for remittance by the City to their carrier.
B. Subject to the requirements of the law, a leave of absence without pay shall not exceed the cumulative total of 180 calendar days during the entire term of an individual’s employment, and any such leave of absence without pay shall be preceded by exhaustion of all accrued paid leaves of absence except as noted in Article 16 – Health Insurance, Section III, Long Term Disability. Absence without pay for a period greater than 50% of a pay period shall result in no leave benefits or seniority accrual for said period of time.
ARTICLE 15 - UNIFORM ALLOWANCE
I. STATION UNIFORMS
A. The uniform allowance shall be eight hundred and six dollars ($806.00). The City shall continue its credit/retail account program with a retail outlet to be determined by the City. Due to the CalPERS monthly reporting requirement change, the uniform allowance benefit amount will be reported 1/12 th per month to CalPERS for “classic” employees and the City and employee shall be debited their respective CalPERS contributions. The employee will be required to use the approved City vendor for the purchases of their indentified uniform apparel. The uniform apparel that this uniform allowance represents as follows: Three NFPA approved shirts (with patches) and pants, one NFPA approved jacket (with patches), and one standard belt and buckle.
B. The City shall replace any station uniform damaged or destroyed as a proximate result of performing the duties of a Firefighter, upon prior approval of the Battalion Chief and in accordance with Fire Department procedures.
C. Uniform allowance shall not be credited to the employee that has been absent, for any reason, from active uniformed service for any time in excess of one-half of the fiscal year. Uniform allowance shall be provided on a prorated basis for those employees.
II. SAFETY GEAR
A. The City shall provide and maintain safety items as mandated by CAL/OSHA through procedures established by the City. Included are the following items:
1. Turn-out boots, trousers, and coat
2. Gloves and goggles
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3. Helmet
4. Brush jacket
5. Safety Shoes
6. Flashlights
7. Breathing apparatus
8. Infectious disease protective clothing
B. Any Unit employee who negligently damages or loses any provided equipment or uniforms shall be subject to disciplinary action.
C. The City shall enter into a bulk-cleaning contract with a vendor to be selected solely at the discretion of the City.
ARTICLE 16 - HEALTH INSURANCE
A. Medical Insurance for Full-Time Employees
The City’s monthly contribution to the Cafeteria plan for active employees is one thousand two hundred fifty dollars ($1250). The Cafeteria plan contribution for active employees includes the PEMHCA minimum for employer contribution as identified annually by CalPERS. The PEMHCA minimum for 2018 is $133 per month.
Effective the beginning of the pay period following July 1, 2018, the City’s contribution to the Cafeteria plan for active employees will increase by ninety dollars ($90) per month for a total monthly contribution of one thousand three hundred forty dollars ($1340). Effective the beginning of the pay period following July 1, 2019, the City’s contribution to the Cafeteria plan for active employees will increase by thirty-five dollars ($35) per month for a total monthly contribution of one thousand three hundred seventy-five dollars ($1375). Effective the beginning of the pay period following July 1, 2020, the City’s contribution to the Cafeteria plan for active employees will increase by thirty-five dollars ($35) per month for a total monthly contribution of one thousand four hundred ten dollars. Effective the beginning of the pay period following July 1, 2021, the City’s contribution to the Cafeteria plan for active employees will increase by thirty-five dollars ($35) per month for a total monthy contribution of one thousand four hundred forty-five dollars. The Cafeteria plan contribution for active employees includes the PEMHCA minimum employer contribution which will be $136 per month in 2019 and will be adjusted thereafter in accordance with the City’s contribution amount set by CalPERS.
To the extent permitted by law (and CalPERS) employees may continue to enroll in the Local 1014 plan and use the City contribution toward insurance premiums.
Employees will be responsible for paying the amount of the total insurance premium that exceeds the City’s contribution via the City’s Cafeteria Plan (IRC Section 125 Plan).
1. For employees who elect to waive medical insurance from the City (opt out), the City will pay $300/month in cash to the employee. In order to receive the opt-out incentive, the employee must certify annually that he/she has coverage through another insurance plan that is not an individual plan
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or coverage under an Exchange/marketplace , on a form to be provided by the City. This provision does not apply to employees who purchase insurance through the Local 1014 plan.
2. Specific details of this cafeteria plan will be contained in a plan document available for review by employees at the City’s Human Resources Department.
B. Retiree Medical Benefits Offered to Those Individuals Hired On or Before December 31, 2015
1. Those individuals who were hired on or before December 31, 2015 will be eligible for medical insurance provided by PEMHCA or the Local 1014 plan and receive a City contribution equal to the MEC under PEMHCA (single party and dependent coverage). The City shall also make a monthly contribution to a retiree Health Reimbursement Account (HRA) for the difference between the MEC and the contribution amount set forth within this section. Retirees are required to coordinate with Medicare, including the purchase of a Medicare supplement.
2. If the employee retired from City employment with less than 20 years of City service, he/she will receive up to $346/month toward the purchase of medical insurance (single party and dependent coverage)
3. If the employee retired from City employment with 20 or more years of City service, he/she will receive up to $411/month toward the purchase of medical insurance (single party and dependent coverage).
C. Retiree Medical Benefits Offered to Those Individuals Hired On or After January 1, 2016
1. Employees who are hired into City service on or after January 1, 2016 will not be eligible for the City contribution set forth in section B above. Instead, these individuals will be eligible for medical insurance provided by PEMHCA or the Local 1014 plan and receive a City contribution equal to the MEC provided under PEMHCA (See Section A above).
D. Group Dental Plan
The City’s current contribution to the dental plan for active employees is ninety- five dollars ($95).
E. Vision Insurance Plan
The City will pay up to $20/month for the employee and qualified dependents. The employee will pay any and all premiums due in excess of the City contribution under the City’s Cafeteria Plan. The plan design shall be: Examination every 12 months; Frames and Lenses every 24 months. The deductible shall be $10.00/exam; $20.00/frame and lenses
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F. Long Term Disability
The City’s contribution is up to twelve dollars ($12.00) per month per employee toward the Fire Association’s existing Long Term Disability Plan known as the California Association of Professional Firefighters-Long Term Disability Plan (Plan Identification Number PN 100-101). Any premium cost in excess of $12.00 shall be paid solely by the employee; any premium cost less than $12.00 shall accrue to the City. Approved use of the Long Term Disability Plan shall be preceded by exhaustion of all accrued paid sick leave. The Firefighters’ Association will continue to be responsible for the administration of the Plan.
G. Life Insurance
1. The City provides each employee covered by this Agreement a term life insurance policy in the amount of $50,000.
2. Additional supplemental insurance may be purchased by the employee in $10,000 increments up to the lesser of $300,000 or 3 times the employee’s gross salary. Any premium costs for the additional supplemental insurance shall be paid solely by the employee.
ARTICLE 17 – RETIREE HEALTH SAVINGS PLAN
A. Beginning January 2019, the City has agreed to provide contributions for full-time Unit employees toward a Retiree Health Savings Plan (“RHSP”) as described in this Section.
B. The intent of the RHSP is to help participants pay eligible medical expenses during retirement using tax-deferred funds.
1. Eligible expenses include retiree health plan premiums, Medicare premiums, long-term care premiums and out of pocket health expenses.
C. The City agrees to contribute the dollar equivalent of 48 hours annually of unpaid sick time to the Unit employee’s RHSP account. These contributions will be made for each complete calendar month of an employee’s active City service. For example, each eligible member will receive 4 hours per month contribution equally 48 hours annually. The employee’s annual sick leave accrual will be reduced from 144 hours annually to 96 hours annually (see Article 9, page 9).
D. Contributions to the RHSP are 100% vested.
E. Contributions and earnings on the contributions to the RHSP accumulate on a tax- free basis and are not subject to tax if they are used to pay for eligible medical expenses for participants and their eligible dependent(s).
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F. Participants are allowed to self-direct all account assets into one of more of the investment options available within the RHSP.
G. The RHSP shall provide for benefits to be paid to a Unit employee after separation from City service based upon contributions made on behalf of such employee and shall not define a particular benefit to be paid to such employee.
H. Unit employees, whether active or terminated, may not transfer their RSMP account to a similar plan not sponsored by the City.
I. In the event of death, the participants account will transfer ownership to a surviving spouse or tax-qualified dependent. If the participant does not have a spouse or tax- qualified dependent, the unused assets will be forfeited back to the plan and distributed to plan participants on a pro-rata basis.
J. The RHSP will be administered by the authorized plan administrator designated by the City in a manner consistent with this Agreement. Administration fee will be paid by plan participants.
K. The City may change the RHSP at any time during the term of this Agreement, provided that the amount of contributions to the RHSP specified in Section C above do not change. Any change shall not affect any contributions that have vested under Section C above.
ARTICLE 18 - EDUCATIONAL ENROLLMENT COST REIMBURSEMENT
Effective July 1, 2012 educational costs shall be limited to two thousand dollars ($2,000) annually per unit member for eligible reimbursement expenses as defined within this Article. The City agrees to reimburse employees for the cost of enrolling in college-level courses directly related to their employment, or compatible with a career goal with the City.
Enrollment cost reimbursement will be paid according to the following schedule:
Tuition fee reimbursement is established at 100% of tuition costs for attendance at a California State University campus not to exceed the cap of $2,000 annually. Enrollment cost reimbursement is subject to approval by both the Fire Chief and the Director of Human Resources/Risk Management. In rendering a reimbursement determination, the Fire Chief and the Director of Human Resources/Risk Management shall consider whether or not the course(s) for which the reimbursement is sought is related to the employee’s then existing principal duties and the availability of funds for reimbursement purposes. No employee shall be entitled to reimbursement unless pre-course enrollment written authorization for reimbursement is received from the Fire Chief and the Director of Human Resources/Risk Management. The reimbursement eligibility determinations described herein are not subject to any administrative or judicial appeal procedure and the decision of the Fire Chief and the Director of Human Resources/Risk Management shall be final. An employee will be reimbursed up to
seventy-five dollars ($75.00) for books each semester or equivalent if he/she is enrolled in six (6) or less units; an employee will be reimbursed up to two-
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hundred dollars ($200.00) for books each semester or equivalent, providing he/she is enrolled in seven (7) or more units. Reimbursement shall only be for books required for the course. All requests for reimbursement shall be accompanied by valid receipts.
ARTICLE 19 - EDUCATIONAL INCENTIVE PAY
The City agrees to maintain an Educational Incentive Pay, which provides additional compensation as follows:
A. $135.00 additional compensation per month for an employee with an Associate of Arts degree or 60 units of college credit from an academic institution accredited by the Western Association of Schools and Colleges or an accrediting organization recognized by the Council of Post Secondary Education in any major.
B. $275.00 additional compensation per month for an employee with a Bachelor's degree from an accredited academic institution as described above in a major reasonably related to the employee's work or consistent with a career objective with the City.
C. $325.00 additional compensation per month for an employee with a Master's degree from an accredited academic institution as described above in a major reasonably related to the employee's work or consistent with a career objective with the City.
D. The above amounts shall not be cumulative.
E. In addition, possession of a Company Officers Certification shall allow an employee to be compensated at $60 per month. Only certification issued by the California State Fire Marshal’s Office shall be accepted.
F. Effective the beginning of the pay period following June 30, 2017, an employee in possession of a Chief Officer certification will be compensated with $60 per month.
G. Beginning with the first day of the pay period in which the Recognized Employee organization ratifies the tentative agreement setting forth the changes in this MOU, sections A, B and C of this Article shall be ineffective and replaced with the following non-cumulative payment amounts:
1. Additional compensation per month of 2% of base salary for an employee with an Associate’s degree or 60 units of college credit from an accredited academic institution as described above in any major.
2. Additional compensation per month of 5% of base salary for an employee with a Bachelor’s degree from an accredited academic institution as described above in a major reasonably related to the employee's work or consistent with a career objective with the City.
3. Additional compensation per month of 6% of base salary for an employee with a Master’s degree from an accredited academic institution as described above in a major reasonably related to the employee's work or consistent with a career objective with the City.
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F.
ARTICLE 20 - TRAVEL REIMBURSEMENT
Mileage is reimbursed for travel in connection with City business. Prior approval must be obtained from the immediate supervisor or Fire Chief. Mileage forms are available in the department and, if travel is required frequently during a month, reimbursement will be made once each month. Completed mileage forms shall be submitted to the Fire Chief.
ARTICLE 21 - RETIREMENT BENEFITS
A. Retirement benefits are provided by the Public Employees' Retirement System (PERS). The 3% @ 55 retirement program for classic employees which includes one year final compensation (single highest year); Level 4 1959 Survivor’s Benefit (any resultant CalPERS cost increase designated as constituting employee costs associated with providing Level 4 – Survivor Benefit shall be borne by the employee); Post Retirement Survivor Continuance Benefit; Level 4 – Survivor Benefit; and Military Service Credit as Public Service.
B. The parties hereto agree that the provisions of this Article are not intended to and shall not constitute a waiver of any rights the Recognized Employee Organization or its members may have in accordance with Monterey Park Municipal Code Section 2.40.040.
C. “Classic” employees pay their 9% member contribution. Effective the payroll period following Jauary 1, 2019, all “classic” employees will begin paying an additional 3% (for a total of 12%) as cost-sharing of the employer rate.
D. Employees who are ‘New Members’ as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a CalPERS member or member of a reciprocal system or who has had a break in CalPERS service of at least 6 months or more) will constitute a second tier and be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits:
“New Members” will have the retirement formula 2.7%@57, three year average, final compensation. New members are required to pay one-half the total normal cost as determined annually by CalPERS. As of July 1, 2018, that contribution is
11.5%
Effective the payroll period following January 1, 2019, “New Members” will contribute no less than a total of 12% toward retirement. The contribution will include one-half the total normal cost and any additional amount up to 12% as cost-sharing of the employer rate should one-half of the total normal cost be less than 12%.
For example, in the pay period following January 1, 2019, “new members” will contribute 11.5% (1/2 the total normal cost) and .5% as cost-sharing, for a total employee contribution of 12%. Should the required contribution for “new members” meet or exceed 12%, “new members” would pay the required
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contribution as indicated by CalPERS.
E. Cost-Sharing
The parties agree to cost-sharing of the employer retirement rate as noted above.
The City will pursue a contract amendment with CalPERS for the cost-sharing portion of employee contributions toward retirement. The parties agree to complete the contract amendment process during the first year of this MOU. Cost share will begin as noted above and will continue regardless of the effective date of the contract amendment with CalPERS.
If at some future date, unit members no longer agree to cost sharing, the City will simultaneously reduce the salary range for all Unit members by 3% and reduce any impacted employees’ base pay accordingly.
F. The City may pursue applications for industrial disability retirements for unit members as permitted by law.
G. Sick Leave Use In Conjunction with IOD - Government Code Section 21163 provides in pertinent part that the retirement of a PERS member who has been granted or is entitled to leave, shall not become effective until the expiration of sick leave with compensation, unless the member applies for or consents to his or her retirement as of an earlier date, or unless, with respect to sick leave, the provisions of a local ordinance or resolution or the rules or regulations of the employer provide to the contrary. In this regard, it is acknowledged that with regard to service and non-industrial disability retirements, it is the rule and regulation of the City that no employee shall be entitled to use or receive cash distribution of sick leave on or after the effective date of said retirements and that any such retirement shall be made effective regardless of the employee having sick leave remaining in the employee’s account. Additionally, it is acknowledged that as regards individuals suffering from an industrial disability and/or being granted an industrial disability retirement, that the following sick leave rules and regulations shall apply:
1. In any instance where the local safety member has exhausted eligibility for benefits pursuant to Labor Code Section 4850, but is not eligible for disability retirement at said time, yet remains incapacitated from performance of the essential duties of the employee’s position, then the employee shall have the option of electing to receive 50 percent of the sick leave balance existing at the time of exhaustion of the Labor Code Section 4850 benefits, with said amounts to be distributed during each payroll period until said 50 percent amount has been exhausted. In no case shall any such distribution during one pay period exceed the gross salary to which the employee would otherwise be entitled during said pay period.
2. However, if said employee is eligible for an industrial disability retirement prior to exhaustion of benefits under Labor Code Section 4850 or simultaneous with the same, and still has sick leave remaining on account, then the retirement shall still become effective and the safety employee shall be provided a one-time cash distribution equivalent to 50 percent of the employee’s sick leave balance as it existed on the effective date of the industrial disability retirement. Further, said employee shall then be paid
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the cash value of accumulated vacation, holiday, and compensatory time off. Said payment shall, at the City’s option, be paid in one lump sum or in pay period installments not exceeding the gross salary to which the employee would otherwise be entitled during said pay period.
ARTICLE 22 - SALARY AND WAGES
Effective the beginning of the pay period following July 1, 2020, additional steps Step 6 and Step 7 will be added to the salary step schedule for each classification. Step 6 will be five percent (5%) greater than Step 5 and Step 7 will be five percent (5%) greater than Step 6 as reflected in Addendum A.
Beginning with the first day of the pay period in which the Recognized Employee Organization ratifies the tentative agreement setting forth the changes in this MOU, the salary ranges for all classifications in this bargaining unit shall be increased by 2%.
Essential Worker Premium Pay under ARPA: The City will make a one-time non- PERSable payment of $6,000 per employee who was employed in a classification in this bargaining unit prior to March 31, 2021 and is still employed in a classification in this bargaining unit at the time of distribution of the lump sum payment. The payment shall be distributed with the payroll for the pay period beginning after City Council ratification of this MOU.
Longevity:
Effective the beginning of the pay period following July 1, 2016, the City will provide a monthly longevity payment of one-hundred dollars ($100) per month upon completion of twenty (20) years of continuous service. The longevity payment will increase to three- hundred fifty dollars ($350) per month upon completion of twenty-five (25) years of continuous service.
Beginning with the first day of the pay period in which the Recognized Employee Organization ratifies the tentative agreement setting forth the changes in this MOU, longevity pay shall be increased to the following non-cumulative amounts:
4.5% of base salary after completion of 20 years of continuous safety service at the City; and
9.0% of base salary after completion of 25 years of continuous safety service at the City.
This payment will continue until there is a break of service or a separation of service between the city and the employee. The parties agree that this is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(1).
I. WAGE RATES
A. The salary range for Firefighter, Fire Engineer and Fire Captain shall be as shown in Addendum A.
II. SKILL/ASSIGNMENT PREMIUM PAY
A. BILINGUAL PAY. The City shall pay $150 gross per month to each unit member certified
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by the City examination process as being capable of verbally interpreting and speaking those languages, including Spanish, Chinese, or any other language certified by the City as appropriate.
B. Shift Fire Investigator Premium Pay. Individuals who are regularly assigned as Shift Fire Investigator shall receive $100 per month special assignment pay for each month so assigned. A maximum of six (6) Firefighters may be selected by the Fire Chief to serve in the capacity of Shift Fire Investigator. Individuals assigned as Shift Fire Investigators will be utilized as Cause & Origin Investigators and will be assigned responsibility for initial cause, origin and effect investigations at all fire scenes. Selection of individuals to serve as Shift Fire Investigator shall be at the sole discretion of the Fire Chief. Any such assignment is temporary in nature and the individual so assigned may be transferred out of the assignment at any time without cause, without notice, and without the right to any administrative appeal unless one is provided for consistent with Government Code Section 3250 et. Seq. These assignments are intended to be of limited duration to provide for staff development.
C. Urban Search and Rescue (USAR) Technician Premium Pay. Individuals who are designated as Urban Search and Rescue (USAR) Technician following successful completion of the five required courses, Rescue Systems 1, Rescue Systems 2, Confined Space Operational, Trench Rescue, and Low Angle Rope Rescue Operational or equivalent, and any annual and additional subsequent training requirements, and who are assigned by the Fire Chief to serve as City of Monterey Park designated USAR respondents, shall receive $100.00 per month special assignment pay for each month so assigned. In addition, USAR technicians who receive Task Force Leader and/or Strike Team Leader certification (must have task book issued) and successfully complete the Heavy Equipment and Rigging Specialist course or Technical Search Specialist course will be eligible for an incentive of $200 per month. Currently, up to a maximum of eighteen (18) Fire personnel may be selected by the Fire Chief to serve in the capacity of Urban Search and Rescue (USAR) Technician. Effective following Council approval and signed contract, hereinafter for the duration of this contract, five (5) additional Fire personnel may be selected each year by the Fire Chief to serve in the capacity of USAR Technician for a total of thirty-eight (38) personnel.
D. EMT-D Premium Pay. Following Department of Health Services approval of the Fire Department’s AED program, individuals who are in possession of valid certification as Emergency Medical Technician – Defibrillator (EMT-D) shall receive $200.00 per month premium pay. Individuals holding an EMT-P (Paramedic) certification are not eligible for premium pay under this section.
III.TRUCK COMPANY ASSIGNMENT
The Company Officer assigned to the Truck shall be required to perform any or all “representative duties” in the class specification for Fire Captain. Additionally, the requirement to perform any or all said “representative duties” shall not constitute a change in terms and conditions of employment or in past practices. Any Company Officer assigned to the Truck shall not be eligible for acting or any other premium compensation unless said individual has also been specifically appointed as an Acting Battalion Chief in accord with this MOU.
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ARTICLE 23 - WORK SCHEDULE
The basic work schedule for Fire Suppression personnel is eight 24-hour shifts in a 24-day work period, which amounts to an average of 122 work shifts (24 hour) per year. This Article is intended to be an exception to Article 3.
ARTICLE 24 - PARAMEDICS
A. Fire Department employees shall be selected for, and be removed from, the paramedic assignment by the Fire Chief. The Fire Chief may seek the advice of a physician medical advisor, on his/her qualifications as a paramedic.
B. Unless good cause is shown on an individual basis, the City shall continue to sponsor Captains and Engineers for Paramedic Certification.
C. Certified Firefighters assigned to paramedic duties and certified Fire Engineers and Captains shall be paid the following additional increments to base salary each month/or a prorate share thereof providing certification is maintained.
Firefighter Fire Engineer and Captain
5.0% for the first year 2.5% for the first year
certified and assigned certified
to paramedic duties.
10.0% for the second year 5.0% for the second year
certified and assigned certified
to paramedic duties.
15.0% for the third year 7.5% for the third year (and thereafter) certified and assigned certified
to paramedic duties.
(For example: a Firefighter, with three years as a paramedic, who is promoted to Fire Engineer, and who continues their paramedic certification, will be eligible for the 7.5% differential for as long as the paramedic certification continues)
D. An individual desiring to resign from the paramedic program must provide a minimum notice of six (6) months in writing, prior to the date of his/her proposed resignation.
The Fire Chief may issue, at his discretion, administrative guidelines setting forth the structure and operation of the paramedic program. The Fire Chief retains the sole right to direct the paramedic program, including the right to assign, reassign, or discipline any paramedic; determine the type of services to be rendered; determine the processes, techniques, methods, and means of performing work; determine selection of employees; determine the size and characteristics of the paramedic program; determine the allocation and assignment of work to paramedics; determine policy affecting the selection of new paramedics; and determine the methods and means by which paramedic operations are to be conducted.
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ARTICLE 25 - PHYSICAL EXAMINATIONS
The City agrees to provide employees a complete physical examination, including stress EKG on the following basis:
A. Employees shall be administered a complete physical examination, including stress EKG, or be administered portions of the examination as they may be required, as follows:
1. Employees under forty years of age shall be administered a complete physical examination without the stress EKG every two years. The stress EKG will be administered every four years only.
2. Employees forty years of age or over shall be administered a complete physical examination including stress EKG every two years.
3. A City physical examination will be required each year following a City medical examination that reveals a medical problem or potential problem until that condition is improved or corrected by medical treatment and clearance.
B. Employees shall be given all examinations while on duty status, or if given this examination while off-duty, shall be compensated at straight time. If employee reschedules examination to off duty time, no compensation will be paid.
C. The City agrees such medical examination shall review those factors and standards reasonably required to be met by an employee to substantially comply with his job requirements.
D. The cost of the examination shall be borne by the City.
ARTICLE 26 - PHYSICAL FITNESS INCENTIVE PROGRAM
During the term of this MOU, the City agrees to continue a Physical Fitness Incentive Program as described in Addendum B of the 1999-02 MOU and incorporated herein by this reference.
ARTICLE 27 – 401(a) PLAN/DEFERRED COMPENSATION PLAN
401(a) Plan
The City will amend the 401(a) plan to permit employer contribution on behalf of unit members. The plan amendment will be effective January 1, 2019.
A. City Contribution to 401(a) Plan
Effective the beginning of the pay period following January 1, 2019, the City will contribute to a 401(a) Plan for all members of the bargaining unit as follows:
Tier 1: Classic members will receive 3% of regular monthly salary to the 401(a)
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Plan.
Tier 2: “New Members” (PEPRA) will receive $185 per month to the 401(a) Plan.
Beginning with the first day of the pay period in which the Recognized Employee Organization ratifies the tentative agreement setting forth the changes in this MOU, the tiering shall be eliminated and all bargaining unit members (Classic and New Members) will receive the current Tier 1 City contribution of 3% of regular monthly salary to the 401(a) Plan.
457 Deferred Compensation Plan
A 457 deferred compensation plan will be available to all members of the bargaining unit.
Participation in this deferred compensation plan is at the option of the individual employee and subject to annual plan limits.
B. Deferred Compensation Special Catch-up Provision:
The City of Monterey Park 457(b) Deferred Compensation Plan allows employees nearing retirement the opportunity to make deferrals up to two times the annual IRS limit. These contributions are known as “Special Catch Up” contributions.
Employees must meet the following criteria to be eligible to make a Special Catch Up contribution.
1. Employee must participate in the 457(b) plan;
2. Employee contributed less than the IRS annual maximum in any plan year the employee was eligible to participate;
3. Employee must be within three years of the year prior to their retirement year;
4. Employee must be within three years of the year prior to meeting the Plan’s normal retirement age. Normal retirement age for “classic” safety members of PERS is fifty-five (55) years old and fifty-seven (57) years old for “new” members of PERS.
5. Employee must not be utilizing the Age 50+ Catch-Up in any year a Special Catch-Up contribution is made.
The intent of this section is to facilitate association members in the final three (3) years prior to their stated retirement year in converting the hourly rate of accrued compensable leave to monies into their contribution to the City’s deferred compensation plan.
After an employee defers compensable accrued leave, balances of 120 hours must remain or be maintained in both their sick and vacation accrual banks. If an employee defers compensable leave from a bank that has a formula of payout at retirement (i.e. 50% sick leave at retirement) the deferral does not recalculate the remaining balance. All sick leave hours, per MOU provisions, will be on a fifty percent basis (i.e. a conversion of 100 hours will result in the salary equivalent to 50 hours being deposited into the employees deferred compensation account). In the final three (3) years prior to an employee’s stated retirement year, they may
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convert the hourly rate of accrued compensable leave to monies to be included in their contribution to the City’s deferred compensation plan per the schedule outlined below:
3-year Catch-up Plan – Subject to IRS 457(b) contribution guidelines and annual limits.
1st year: no more than 20% of compensable accrual time of Sick Leave, Vacation Leave and Holiday Leave.
2nd Year: If a second year is chosen, no more than 35% of compensable leave may be deferred.
3rd Year: If a third year is chosen, no more than 50% of compensable leave may be deferred.
The City is not a party to and accepts no responsibility for the employees obligations under federal law to comply with the IRS and legal requirements of such deferrals allowing 457 participants a one-time catch-up provision to make deferrals to “catch-up” underutilized deferrals from prior years during any or all of the three calendar years ending before the tax year they reach the plans normal retirement age.
ARTICLE 28 - ACTING PAY
A. Employees may be assigned to work in a position/class having a higher rank or salary range in accordance with the following provisions:
1. No acting pay shall be paid for time worked in an acting capacity of less than twenty-four consecutive hours.
2. Employees must be certified by the Fire Chief to work in an acting/temporary assignment capacity in said position/class. Except as otherwise provided for herein, certification for acting and/or temporary assignments shall be at the sole discretion of the Fire Chief. The Fire Chief’s determination regarding certification for acting/temporary assignments shall not be grievable or otherwise subject to any administrative appeal or challenge and is final and binding on the parties and their members. “Certification” shall only mean that the Fire Chief has used discretion and determined solely in his/her professional opinion based only on the criteria that the individual is capable of performing the acting or temporary assignment. “Certification” shall not refer to any particular examination, evaluation process, or other qualification standards, and no such process shall be required for use by the Fire Chief in rendering his/her determination. Acting Division Chief Certification shall be determined by the Fire Chief.
3. To the extent that any “certification” or acting/move-up procedure described herein conflicts with any provisions in the Personnel Rules, Memoranda of Understanding, department rules or any other City promulgated policies, this MOU article shall prevail and be given full force and effect.
4. Employees assigned to work in an acting/move-up capacity shall be paid
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according to the following criteria:
a. $60.00 per shift for Acting Fire Engineer
b. $70.00 per shift for Acting Fire Captain
c. $80.00 per shift for Acting Fire Division Chief
B. Need for Acting Assignments: To assure the orderly performance and continuance of municipal services, the City may be required to temporarily upgrade employees on an acting basis to positions of a higher classification. For the purposes of this Article, it is understood that acting assignments may be required in order to temporarily fill position classification vacancies, which may exist for any of the following reasons:
1. A position classification is permanently vacant and is scheduled to be filled by a regular full-time employee and a limited period of time is required in order to proceed with and complete the normal appointment procedure.
2. A position classification is temporarily vacant although, permanently filled, because the regular employee is on an approved paid or unpaid leave of absence.
C. It is not the intent of the City to circumvent or avoid the normal employment or promotion process and therefore, the City shall make every reasonable effort, as determined by the City, to fill vacancies in a most expeditious manner and to keep the need for such acting assignments to a minimum.
D. Selection for Acting Assignments. The selection of an employee for acting assignments shall be at the sole discretion of the Fire Chief or his or her designee, taking into consideration the following factors of those employees eligible for the acting assignment: the requirements of the position to be filled, the qualifications, job performance, on an active promotional exam list, and seniority.
E. Acting assignments shall be filled on a move-up basis or on a rank-for-rank basis, depending on the needs of the Fire Department as determined by the sole discretion of the Fire Chief.
F. Status of Employee in Acting Assignment. Time served in an acting assignment shall not be credited towards completion of any probationary test period in the acting position. Time served in an acting position shall not alter the employee’s anniversary date. If the acting employee would have been eligible for a merit increase had the acting appointment not been made, then the employee shall remain eligible for such merit increase with the employee’s performance in both the regular and acting positions being considered.
G. Duration of Acting Assignment. No employee shall serve in any acting assignment for more than six (6) consecutive months.
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ARTICLE 29 - FAIR LABOR STANDARDS ACT
A. 7k Exemption. The City of Monterey Park has exercised its ability to take a statutory "7K" exemption for sworn fire personnel. The work period for such employees assigned to suppression positions shall be twenty-four (24) days.
B. Overtime (Fire Suppression). Hours worked by fire suppression employees in excess of the standard work period of one hundred and eighty-two (182) hours in a twenty-four (24) day cycle shall be compensated at the overtime rate of time and one-half his/her regular rate of pay.
C. In determing overtime compensation, all hours worked and hours where paid leave is used in lieu of hours worked, except sick leave, shall be counted as total hours worked.
The parties agree that amending the hours worked eligibility for overtime to include paid leave as hours worked, was agreed to with the expectation that the use of sick leave (which does not count as hours worked for overtime eligibility) by unit members would be reduced. This agreement was also made as an alternative to providing a COLA that would have increased PERS costs. By including leave as hours worked for overtime eligibility, the City will increase its overtime costs pursuant to the MOU but those increased costs do not increase reportable pensionable pay to CalPERS. The parties agree that sick leave usage will decrease by 1,000 hours or 20%; off-duty illness or injury that exceeds 6 shifts and/or FMLA designated leave will not be included in the calculation. Sick leave usage will be evaluated during the periods of January 2019 through December 2019, and January 2020 through December 2020. Should the decrease in sick leave usage of 1000 hours (20%) not be achieved during these periods, both parties agree that on July 1, 2021, the FLSA provision will revert to the previous pre-June 30, 2018 contract language (vacation, holiday leave, compensatory leave, jury duty, and bereavement leave, along with sick leave, would be excluded in determining eligibility for overtime compensation). A traditional, one-time COLA of 1.3% would be granted in the same pay period as the leave counting as hours worked ends.
D. All overtime requests must have written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty time are considered as authorized.
E. An employee's failure to obtain prior written approval, or explicit verbal authorization followed by written authorization, will result in the denial of the overtime request.
F. In the event that the hourly figure for premium overtime shall be decreased, increased or stayed by the Department of Labor or a court of competent jurisdiction, the City and Recognized Employee Organization agree to use the revised figure for determining premium overtime eligibility until such time as a final court decision is rendered. Any such adjustment by the City shall not act as estoppel or waiver by either party.
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G. Compensatory Time. Employees may elect to cash out CTO accrued in the same calendar year. All compensatory time on the books will be paid down to forty eight (48) hourszero hours each December 31. The remaining balance will remain on the books until such time as the employee utilizes the compensatory time.
H. In lieu of receiving cash payment at the regular rate of pay (Section A) for hours worked in excess of one hundred eighty-two (182) during the twenty-four day work period, an employee may elect the option of accruing compensatory time off.
Compensatory time shall be earned at the time and one half rate for each hour worked subject to the provisions of Section C above.
I. Clothes Changing. Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on-duty. Each employee is provided with a locker for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion.
J. Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work as long as the badge and insignia are covered by a garment such as a windbreaker. Time spent in changing clothes before or after a shift is not considered hours worked and is not compensable in any manner whatsoever.
K. Training Time. Attendance at training schools/facilities (including the academy) that improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the employee's normal work shift. Any time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits are not compensable hours of work, even though the employee may be confined to campus or to barracks 24 hours a day.
L. Travel time to and from the training facility outside of any employee's normal work shift is not compensable hours of work.
M. City Vehicle Use. Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle. This provision also applies in those situations where the radio must be left on and monitored.
N. This provision does not preclude compensation in those instances where an employee is required to perform emergency fire duties. In such cases, appropriate compensation shall be provided.
O. Gym Facility. The City provides a gym facility for public use which employees may use voluntary during their off duty hours. Time spent off duty by employees working out at the gym facility is not considered hours worked and will not be compensated in any manner.
P. Call-back Pay. Call back duty occurs when an employee is ordered to return to duty on a non-regular scheduled work shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty receives the call. An employee
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shall report to duty within a reasonable period of time not to exceed one hour and shall receive a minimum of two hours credit. Any hours worked in excess of 2 hours shall be credited on an hour for hour basis for actual time worked. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever.
This provision is to be distinguished from "Court Standby" pay in Section R, which is to be used when an employee is called back to court.
Q. Court Pay. When an employee is physically called to court, he/she shall be credited on an hour for hour basis for the time actually spent in court. An employee shall be credited with a minimum of two (2) hours for each scheduled court appearance.
Only one minimum shall apply per day. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever.
R. Court Standby. An employee on court standby status may leave a telephone number where he/she may be reached while on standby. Such time is not considered hours worked under the Fair Labor Standards Act or for determining hours worked for overtime compensation under this memorandum of understanding. However, in recognition of the City's past practice, the employee will continue to receive credit for two (2) hours provided that the employee is not actually required to be present in the court building. If an employee is required to go to court, these two hours is applied to Court Pay, Section Q.
S. Shift Trades. The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations. The employee providing the trades shall not have his/her compensable hours increase as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. Any premium pay will be waived for both individuals during the period they work for the other. Any hours worked beyond the normal workday will be credited to the individual actually doing the work.
"Paybacks" of shift trades are the obligation of the two employees involved in the trade. Paybacks are to be completed within one (1) calendar year of the date of the initial shift of the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties.
A record of all initial shift trades and "paybacks" shall be maintained by the involved employees on forms provided by the department (Time Exchange Form).
T. Early Relief Policy. The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have his/her compensable hours increase as a result of the early relief; nor shall the employee relieved early have his/her compensable hours decrease as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the
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involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. The employee must receive prior approval from his/her supervisor and log it in prior to the early relief.
ARTICLE 30 – TRANSFER
Any employee in the Department may be transferred from one station house to another or from one job to another at the same pay level. Such transfers shall continue to be at the discretion of the Fire Chief, and shall not be subject to review in the grievance/arbitration mechanism.
ARTICLE 31 - PERSONNEL RULES AND REGULATIONS
During the term of this agreement, both parties agree to meet and confer on the content and implementation of new and/or revised Personnel Rules and Regulations.
ARTICLE 32 - WRITTEN NOTICES TO RECOGNIZED EMPLOYEE
ORGANIZATION
Reasonable written notice will be given to the Recognized Employee Organization of any rule, ordinance, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. In cases where the City determines that as a result of an emergency an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meetings with a Recognized Employee Organization, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation. The Reorganized Employee Organization shall be deemed to have met and conferred and agreed to any matter within thirty days after mailing of the notice by the City regarding said matter if the employee organization fails to deliver to the City Manager a written request for a meeting.
ARTICLE 33 - GENERAL PROVISIONS
A. If any section, subsection, subdivision, sentence, clause or phrase of the Agreement is for any reasons held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portions of this Agreement.
B. This Memorandum shall not in any way interfere with the obligations of the parties to comply with State and Federal laws, or with any rules, regulations, or order issued by such government authority pertaining to matters covered herein. If any provision, or provisions, of this Memorandum shall be affected by State or Federal laws, or of any rule, regulations, or order issued by such governmental authority, or if any provision, or provisions should be held invalid by court of record, the remainder of the Memorandum shall not be otherwise affected thereby.
C. The parties acknowledge that during the meeting and conferring in good faith which resulted in this Memorandum, each had the unlimited right and opportunity to make demands and proposals with respect to any and all conferring, and that the
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understanding and agreement arrived at by the parties after the exercise of that right and opportunity is set forth in this Memorandum. Therefore, the City and the Recognized Employee Organization, for the life of this Memorandum, each voluntarily unqualifiedly waives the right with respect to any subject or matter referred to or convened in this Memorandum even though such subject or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they met and conferred or signed this Memorandum unless otherwise provided for herein.
The parties further acknowledge that they have met and conferred regarding cessation of the practice of allowing represented members to store personal property (i.e. boats, recreational vehicles, etc.) at City owned sites. No individual shall be authorized to utilize City owned property for the storage of personal property.
The parties agree the during the term of this MOU, the parties will meet to review and update the contract language in the MOU for clarity, to delete items referring to the past that are no longer needed/relevant, to be consistent with the law, and to reflect actual current practices. The MOU language review is not intended to result in significant economic impacts to either party.
D. Side Letter:
1. The Parties acknowledge that the provisions of the MOU require a close degree of cooperation and that new information and future events may demonstrate that changes are appropriate with respect to the details of performance of the Parties under this MOU. The Parties desire, therefore, to retain a certain degree of flexibility with respect to the details of performance for those items covered in general terms under this MOU. If and when, from time to time, the Parties find that refinements or adjustments are desirable, such refinements or adjustments will be accomplished through Side Letter or implementation memoranda approved by the Parties which, after execution, will be attached to this MOU as addenda and become a part hereof.
2. Side Letter or implementation memoranda may be executed on behalf of City by the City Manager and the City Attorney. In the event a particular subject requires notice or hearing, such notice or hearing will be appropriately given. Any significant modification to the terms of performance under this MOU will be processed as an amendment of this MOU in accordance with this MOU and must be approved by City Council.
E. It is agreed that neither the Recognized Employee Organization nor the City shall discriminate against any employee because of race, religion, national origin, age, sex, disability, sexual orientation or union membership or activity.
F. It is the shared view of the City and the Association that all employees of the Association will at all times conduct themselves in a professional and lawful manner and adhere to all federal, state and local laws. The Association, and its members, agree that in the event that the conduct of the members does not adhere
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to this standard that they should be subject to the appropriate level of counseling or discipline commensurate with the corresponding failure in conduct.
ARTICLE 34 - TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall be in effect for an initial term commencing July 1, 20 2218 and ending June 30, 202 32 and shall continue in effect from year to year thereafter unless or until terminated. Unless specifically described to the contrary herein, all changes in matters within the scope or representation shall be provided prospectively from the date of MOU implementation. The “date of MOU implementation” shall be the date of City Council adoption of the MOU.
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ARTICLE 35 - CITY COUNCIL APPROVAL
It is, however, the mutual understanding of all parties hereto that this Memorandum of Understanding is of no force or effect, whatsoever unless or until ratified and approved by minute action and duly adopted by the City Council of the City of Monterey Park.
IN WITNESS HEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this 2nd7th day of November 202218.
THE MONTEREY PARK FIREFIGHTERS’ CITY OF MONTEREY PARK
ASSOCIATION
MONTEREY PARY FIREFIGHTERS’
ASSOCIATION CITY OF MONTEREY PARK
By:
By:
Daniel Cline, Firefighters’ Association
President
Ron Bow, City Manager
By:
By:
Scott Kelley, Firefighters’ Association
Lead Negotiator
Inez Alvarez, Assistant City Manager
By:
Martha Garcia, Director of Management
Services
By:
Christine Tomikawa, Director of Human
Resources & Risk Management
APPROVED BY:
Karl H. Berger, City Attorney
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ADDENDUM A
CLASSIFICATION AND BASE SALARY LIST
FIREFIGHTERS’ ASSOCIATION
The monthly base salary range for represented classifications is as follows:
Classification
Range
#
1 2 3 4 5
Fire Captain
3 7955 8354 8771 9210 9670
Fire Engineer
2 6829 7170 7529 7905 8300
Firefighter
1 5901 6196 6506 6831 7172
Effective the beginning of the pay period following July 1, 2020, the salary range shall be:
The monthly base salary range for represented classifications is as follows:
Classification
Range
#
1 2 3 4 5 6 7
Fire Captain
3 7955 8354 8771 9210 9670 10154 10661
Fire Engineer
2 6829 7170 7529 7905 8300 8715 9151
Firefighter
1 5901 6196 6506 6831 7172 7531 7907
Beginning with the first day of the pay period in which the Recognized Employee Organization ratifies the tentative agreement setting forth the changes in this MOU,the monthly base salary range for represented classifications is as follows:
Classification Range 1 2 3 4 5 6 7
Fire Captain 3 8114 8521 8946 9394 9863 10356 10874
Fire Engineer 2 6965 7313 7679 8063 8466 8889 9334
Firefighter 1 6019 6320 6636 6967 7315 7681 8065
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ADDENDUM B
PHYSICAL FITNESS INCENTIVE PROGRAM
This Addendum B shall implement the following agreement between the parties:
1. Representatives of the City and the Association have agreed to implement a voluntary physical fitness program which provides performance incentives in the form of monetary payment.
2. The parties fully understand and acknowledge that the City has expressed concerns that unless participation in the physical fitness program is deemed voluntary in nature, implementation of the program could have an impact upon the City's exposure to worker's compensation/disability retirement claims in any case where an employee choosing to participate in the program suffers an illness or injury.
3. Accordingly, the parties understand, acknowledge and agree that the City would not have agreed to implement a physical fitness incentive program unless it was acknowledged and agreed by the Association and each and every one of its members who participate in the program, that participation in the program is purely voluntary in nature and that injuries or illnesses suffered while training, and/or practicing for the program, shall not be deemed industrial in nature and shall not entitle any participant to benefits pursuant to the Workers' Compensation laws, Labor Code Section 4850, or to industrial disability retirement in accord with the Public Employees Retirement Law.
4. The Association agrees that it will cooperate with the City in assuring compliance with a mutually agreed upon requirement that prior to participating in and/or training for the program, each and every Association member date and sign a form containing the language set forth below in this Addendum evidencing the voluntary nature of participation in and/or training for the physical fitness program.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
5. Effective January 1, 2000 or as soon thereafter as is practicable, the City shall make available to Association members voluntarily electing to participate therein, the P.O.S.T.-approved physical fitness program as is currently offered to Sworn Police. Participation in the program consists of completing a City- required form(s) displaying a member's informed consent in connection with program participation, a "physical exercise readiness" questionnaire, a RISKO cardiac risk assessment form, body composition testing with skin calipers, measurement of waist to hip ratio, a timed 1.5 mile run or 3 mile walk, flexibility measurement, a mandated volume of push-ups, and a bent knee sit up examination consisting of one minute in length. The composition of the program is subject
to unilateral change by the City dependent upon component changes recommended by POST.
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6. Program testing shall be administered one time each year at a date, time and location selected by the City, with ninety (90) calendar day's notice of the examination date, time and location being posted on the Association utilized bulletin board located within the Fire Department and with said notice being mailed by first class, United States mail to the Association member(s) designated to receive service of documentation on behalf of the Association.
Any claimed failure to receive notice of the examination shall not be contestable through any administrative or civil proceedings, and the results of the testing process and/or the manner in which the testing process is administered, shall likewise not be subject to administrative or civil contest.
7. No Association member shall be permitted to participate in the physical fitness program unless prior to such participation, the member has signed the following general release and certification which shall be made available by the City to all voluntary participants:
"I agree and understand that participation in the physical fitness program described in Addendum B of the 1999-2002 Memorandum of Understanding between the City of Monterey Park and the Monterey Park Firefighters' Association and in training and practice for that participation, is voluntary in nature. Assignment or advancement within the Department is in no manner contingent upon training for or participating in the program.
Accordingly, I understand and agree that any and all injuries suffered while training, and/or practicing for the program shall not be considered compensable worker's compensation injuries, shall not form the basis for an industrial disability retirement, and shall not form the basis for my receipt of benefits pursuant to Labor Code Section 4850.
I further certify that I have not used any tobacco product (i.e. cigarettes, cigars, chewing tobacco, pipe tobacco, etc.) at any time during the six months immediately preceding my participation in the voluntary Physical Fitness Program."
9. The agreed upon Physical Fitness Incentive Program as developed by P.O.S.T. designates various levels of fitness program achievement as being "bronze," “ silver," and "gold." The attainment of said levels shall be verified in accord with P.O.S.T. mandated scoring methods.
10. As and for recognition for achievement in the program, those participants attaining the bronze level, shall receive a lump sum cash payment of two hundred dollars ($200.00); those participants attaining the silver level, shall receive a lump sum cash payment of three hundred dollars ($300.00) cash payment; and those participants attaining the gold level, shall receive a lump sum cash payment of four hundred dollars ($400 .00) cash payment.
s:\Fire negotiations\Fire Department\Physical fitness incentive program
Staff Report
November 2, 2022
ATTACHMENT 2
Monterey Park Firefighters’ Association
Memorandum of Understanding – Clean Version
[i]
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MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF MONTEREY PARK
And
THE MONTEREY PARK FIREFIGHTERS'
ASSOCIATION
(JULY 1, 2022 – JUNE 30, 2023)
[ii]
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TABLE OF CONTENTS
PREAMBLE ....................................................................................................................................... 1 ARTICLE 1 - SCOPE OF REPRESENTATION ........................................................................... 1 ARTICLE 2 - RECOGNITION ........................................................................................................ 1 ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS ........................................................... 2 ARTICLE 4 - EMPLOYER AND/OR EMPLOYEE RELATIONS ............................................. 2 ARTICLE 5 - COMMUNICATIONS .............................................................................................. 3 ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES AND OPERATIONS. ........... 3 ARTICLE 7 - GRIEVANCE PROCEDURE ................................................................................... 4 ARTICLE 8 - VACATIONS AND HOLIDAYS ............................................................................. 8 ARTICLE 9 - SICK LEAVE ........................................................................................................... 10 ARTICLE 10 - BEREAVEMENT LEAVE ................................................................................... 12 ARTICLE 11 - EMERGENCY AND FAMILY SICK LEAVE................................................... 13 ARTICLE 12 - MILITARY LEAVE .............................................................................................. 13 ARTICLE 13 - JURY DUTY .......................................................................................................... 13 ARTICLE 14 - LEAVE OF ABSENCE ......................................................................................... 14 ARTICLE 15 - UNIFORM ALLOWANCE .................................................................................. 14 ARTICLE 16 - HEALTH INSURANCE ........................................................................................ 15 ARTICLE 17 - RETIREE HEALTH SAVINGS PLAN .............................................................. 16 ARTICLE 18 - EDUCATIONAL ENROLLMENT COST REIMBURSEMENT .................... 18 ARTICLE 19 - EDUCATIONAL INCENTIVE PAY .................................................................. 19 ARTICLE 20 - TRAVEL REIMBURSEMENT............................................................................ 20 ARTICLE 21 - RETIREMENT BENEFITS ................................................................................. 20 ARTICLE 22 - SALARY AND WAGES ..................................................................................... 220
[iii]
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ARTICLE 23 - WORK SCHEDULE ............................................................................................. 23 ARTICLE 24 - PARAMEDICS ...................................................................................................... 24 ARTICLE 25 - PHYSICAL EXAMINATIONS ............................................................................ 24 ARTICLE 26 - PHYSICAL FITNESS INCENTIVE PROGRAM ............................................. 25 ARTICLE 27 – 401(A) PLAN/DEFERRED COMPENSATION PLAN .................................... 25 ARTICLE 28 - ACTING PAY ....................................................................................................... 27 ARTICLE 29 - FAIR LABOR STANDARDS ACT...................................................................... 28 ARTICLE 30 – TRANSFER ........................................................................................................... 31 ARTICLE 31 - PERSONNEL RULES AND REGULATIONS .................................................. 32 ARTICLE 32 - WRITTEN NOTICES TO RECOGNIZED EMPLOYEE ORGANIZATION .......... 32 ARTICLE 33 - GENERAL PROVISIONS .................................................................................... 32 ARTICLE 34 - TERM OF MEMORANDUM OF UNDERSTANDING ................................... 33 ARTICLE 35 - CITY COUNCIL APPROVAL ............................................................................ 34 ADDENDUM A ............................................................................................................................... 35 ADDENDUM B ................................................................................................................................ 36
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MEMORANDUM OF UNDERSTANDING
Between
THE CITY OF MONTEREY PARK
And
THE MONTEREY PARK FIREFIGHTERS' ASSOCIATION
(48 Month Agreement: July 1, 2022 – June 30, 2023)
PREAMBLE
This Memorandum has been prepared in accordance with the California Government Code (
Section 3500 et seq. ). The City of Monterey Park, California, hereinafter referred to as the "City", and the Monterey Park Firefighters' Association, hereinafter referred to as the "Recognized Employee Organization," have reached this Memorandum of Understanding pursuant to meeting and conferring in good faith.
ARTICLE 1 - SCOPE OF REPRESENTATION
A. The wages, hours and working conditions specified in this Memorandum shall constitute the wages, hours and working conditions for the term of this Agreement.
B. This agreement may be expanded further by the addition of provisions involving mandatory subjects of negotiations from 1) the City Personnel Rules and Regulations, 2) the Fire Department Rules and Regulations, and 3) the disciplinary procedures. Representatives of the City and the Recognized Employee Organization will meet as necessary to identify the above provisions and redraft them, if necessary, for incorporation into this Memorandum of Understanding.
Upon completion of the committee review process, the negotiating parties will meet and attempt to agree upon the new provisions. Any agreements will be incorporated thereafter by reference into this Memorandum of Understanding. If no agreement is reached, the status quo will be continued, and there will be no incorporation into the M.O.U.
ARTICLE 2 - RECOGNITION
A. The Monterey Park Firefighters' Association is hereby recognized as the exclusive Recognized Employee Organization for those employees occupying the job classifications of Firefighter, Fire Engineer, and Fire Captain.
B. The City acknowledges the Recognized Employee Organization as the representative for employees in the Fire Department for the purpose of meeting and conferring in good faith regarding wages, hours, and other terms and conditions of employment.
C. This Memorandum does not preclude employees in such emplo yment classifications from representing themselves individually in their employment relations with the City.
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ARTICLE 3 - CITY RESPONSIBILITIES AND RIGHTS
To ensure that the City is able to carry out its statutory functions and responsibilities, the following matters will not be subject to the terms of this Memorandum, but shall be within the exclusive discretion of the City: to select and determine the number and types of employees required; to assign work to employees in accordance with the requirement s determined by the City; to establish and change work schedules and assignments; to hire, transfer and promote or lay off employees for lack of work and for all other legitimate reasons; to suspend, discipline or discharge for just cause; to determine and change methods or operations; to determine and change, at its sole discretion, the number of locations, relocations and types of operation and the processes and materials to be employed.
ARTICLE 4 - EMPLOYER AND/OR EMPLOYEE RELATIONS
A. During the life of this Memorandum, all employees as described above in Article 2, Section A, shall have the right to join the Recognized Employee Organization, or to refuse or refrain from joining said organization.
B. Members of the Recognized Employee Organization may, by any reasonable method, select six (6) representatives who may or may not be City employees to meet and confer with the City Representative Committee or other management officials on subjects within the scope of representation during regular duty or working hours, without loss of time, provided:
1. That no employee representative shall leave duty or workstation or assignment without specific approval by any authorized departmental management official.
2. That any such meeting is subject to scheduling by an authorized departmental management official so as to avoid interference with or interruption of assigned work schedules or work performance.
C. The City will deduct dues and initiation fees from those employees who voluntarily sign and have submitted to the City the necessary authorization card. Deductions as authorized by the employees shall be deducted from earned wages or salaries each pay period. The City shall forward to the Recognized Employee Organization during the succeeding week all dues and/or initiation fees deducted from the employees.
D. The Recognized Employee Organization shall indemnify, defend, and hold the City harmless against any claim and any suit instituted by an employee against the City which shall arise out of any action which shall be taken by the City in accordance with the foregoing provisions as set forth in Section C above.
E. The Recognized Employee Organization representatives, while on City property, shall abide by the City's safety rules and regulations.
F. Such individuals, after being excused from their regularly assigned duties by the
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Fire Chief or delegated representative, will be permitted to take reasonable time to discuss terms and conditions as set forth in this Memorandum.
G. Said employee or employees, if on duty, shall be paid for such reasonable time by the City at the employee's regular rate of pay. However, no overtime will be paid by the City for time spent as set forth above, except if and when the employee is working a relief overtime shift.
H. A written list of the Officers of the Recognized Employee Organization and the Employee Representatives shall be furnished to the City immediately after their designation and the Recognized Employee Organization shall notify the City promptly in writing of any changes of such Officers or Representatives.
ARTICLE 5 - COMMUNICATIONS
Space shall be provided on City bulletin boards for the posting of the following notices of immediate concern to the employee group members:
A. Recognized Employee Organization recreational and social activities.
B. Recognized Employee Organization election notices and results.
C. Recognized Employee Organization meetings and events.
D. Such other notices as may be mutually agreed upon by the Recognized Employee Organization and the Fire Chief or representative.
E. No information shall be placed upon a Fire Station bulletin board if it contains personal attacks upon any City employee or representative.
ARTICLE 6 - CONTINUED PERFORMANCE OF CITY SERVICES
AND OPERATIONS
A. The Recognized Employee Organization hereby agrees that during the term of this Memorandum, the employees of the City, as set forth in Article 2, Section A, the officers and/or agents of the Recognized Employee Organization shall not engage in, encourage, sanction, support, authorize or suggest any work stoppages, strikes, boycotts, slowdowns, mass resignation, mass absenteeism, picketing, or any other intentional interference of the work of the City.
B. In the event any employee, or employees, participate in any such activities as set forth above, the Recognized Employee Organization shall notify such employee or employees, so engaged to cease and desist from such activities and shall instruct said person, or persons, to return to their normal work assignment and duties.
C. The employee, or employees, participating in such activities as set forth in paragraphs A and B above, shall be subject to disciplinary action by the City, including suspension or discharge in accordance with the City's Personnel Rules and Regulations.
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ARTICLE 7 - GRIEVANCE PROCEDURE
A. D EFINITIONS
1. A "grievance" is an allegation by the Association or an Association member that a specific term of the MOU has been violated.
2. Disciplinary action consisting of one work shift suspension or less (or the money equivalent to such action) shall not be subject to arbitration and shall be resolved at Level III. The City Manager appeal shall not be an evidentiary hearing and shall follow the procedures for conducting a Skelly hearing. However, in any case where an employee is subject to two or more 1-work shift suspensions in any twelve consecutive month period, then the second such suspension and any thereafter within a twelve consecutive month period shall be subject to arbitration in the same manner as are other arbitrable disciplinary matters.
3. Except as provided above, a "disciplinary grievance" is a formal written objection or challenge to any disciplinary action as defined by the Personnel Rules and Regulations.
The grievance procedure shall not be utilized by an employee to contest the content of a performance evaluation, verbal or written reprimands or other documentation regarding the employee’s work performance which is not defined as disciplinary action by Rule XV of the City Personnel Rules and Regulations. A disciplinary grievance shall be filed after the written receipt of the City Manager’s decision, and shall constitute the sole and exclusive process of appeal. Such appeals shall be processed at Level IV, Arbitration.
4. Disputes regarding jurisdiction (grievability of an issue) shall not be subject to resolution by the grievance procedure and instead, are subject to resolution by the Public Employment Relations Board.
5. A "grievant" is any unit member or Recognized Employee Organization on behalf of specified unit members adversely affected by an alleged violation of the specific provisions of this Memorandum, or a punitive disciplinary action.
6. A "day" is an y day in which the administrative offices of the City of Monterey Park are open for regularly scheduled business.
B. GE
NERAL PROVISIONS
1. Until final disposition of a grievance, the grievant shall comply with the directions of the grievant’s immediate supervisor.
2. All documents dealing with the processing of a grievance shall be filed separately from the personnel files of the participants.
3. Time limits for appeal provided at any level of this procedure shall begin
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the first day following receipt of the written decision by the grievant and/or the Recognized Employee Organization. Failure of the grievant to adhere to the time deadlines shall mean that the grievant is satisfied with the previous decision and waives the right to further appeal. The grievant and the City may extend any time deadline by mutual agreement.
4. Every effort will be made to schedule meetings for the processing of grievances at times that will not interfere with the regular work schedule of the participants. If any grievance meeting or hearing must be scheduled during duty hours, any employee required by either party to participate as a witness or grievant in such meeting or hearing shall be released from regular duties without loss of pay for a reasonable amount of time.
5. Any unit member may, at any time, present grievances to the City and have such grievances adjusted without the intervention of the Recogni zed Employee Organization, as long as the adjustment is reached prior to arbitration and the adjustment is not inconsistent with the terms of this Memorandum; provided that the City shall not agree to a resolution of the grievance until the Recognized Employee Organization has received a copy of the grievance and the proposed resolution and has been given the opportunity to file a response within twenty (20) days. Upon request of the grievant, the grievant may be represented at any stage of the grievance procedure by a representative of the Recognized Employee Organization, which may include the attorney of the Recognized Employee Organization.
6. This grievance procedure shall be the sole and exclusive procedure for processing objections or challenges to disciplinary actions as defined in the Personnel Rules and Regulations and shall satisfy all administrative appeal rights and protections.
7. There shall be no reprisals against any Department employee for processing a grievance at any level, or for assisting a grievant in the processing of a grievance.
C. P
ROCEDURE - Grievances will be processed in accordance with the following procedures:
1. L evel I - Informal Resolution
Any unit member who believes he/she has a grievance which is an alleged violation of the specific provisions of this Memorandum of Understanding shall present the grievance orally to the immediate supervisor within fifteen (15) days after the grievant knew, or reasonably should have known, of the circumstances which form the basis for the grievance. Failure to do so will render the grievance null and void. The immediate supervisor shall hold discussions and attempt to resolve the matter within ten (10) days after the presentation of the grievance. It is the intent of this informal meeting that at least one personal conference be held between the aggrieved employee and the immediate supervisor.
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2. Level II - Formal Written Grievance
a. If the grievance is not settled during the informal conference and the grievant wishes to press the matter, the grievant shall present the grievance in writing on the appropriate form to the Fire Chief within ten (10) days after the oral decision by the immediate supervisor.
The written information shall include: (a) A description of the specific grounds of the grievance, including names, dates, and places necessary for a complete understanding of the grievance; (b) A listing of the provisions of this agreement which are alleged to have been violated; (c) A listing of the reasons why the immediate supervisor's proposed resolution of the problem is unacceptable; and (d) A listing of specific actions requested of the City which will remedy the grievance.
b. The Fire Chief or designated representative shall communicate the decision, in writing, to the grievant within ten (10) days after receiving the grievance.
c. Within the above time limits either party may request a personal conference.
3. L
evel III - Appeal to the City Manager
a. If the grievant is not satisfied with the decision at Level II, th e grievant may, within ten (10) days of the receipt of the decision at Level II, appeal the decision to the City Manager. This statement shall include a copy of the original grievance and appeal, and a clear, concise statement of the reasons for the appeal.
b. The City Manager shall communicate the decision, in writing, to the grievant within ten (10) days. If the City Manager does not respond within the time limits provided, the grievant may appeal to the next level.
4. L
evel IV - Binding Arbitration
a. If the grievant is not satisfied with the decision at Level III, or if an employee wishes to appeal the disciplinary decision of the City Manager, the grievant/employee may, within ten (10) days of the receipt of the decision, submit a request in writing to the Recognized Employee Organization for arbitration of the dispute. Within twenty (20) days of the grievant's receipt of the decision at Level III, the Recognized Employee Organization shall inform the City, in writing, of its intent to arbitrate. The Recognized Employee Organization and the City shall attempt to agree upon an arbitrator.
If no agreement can be reached, they shall request that the State Mediation and Conciliation Service supply a panel of seven (7) names of persons experienced in hearing grievances in cities. Each party shall alternately strike a name until only one remains. The remaining panel member shall be the arbitrator. The order of the
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striking shall be determined by lot.
b. The arbitrator shall, within thirty (30) days, unless both parties agree otherwise, hear evidence and render a decision on the issue or issues submitted to him/her. If the parties cannot agree upon a submission agreement, the arbitrator shall determine the issues by referring to the written grievance and the answers thereto at each step.
c. The City and the Recognized Employee Organization agree that the jurisdiction and authority of the arbitrator so selected and the opinions the arbitrator expresses will be confined exclusively to the interpretation of the express provision or provisions of this Agreement at issue between the parties. The arbitrator shall have no authority to add to, subtract from, alter, amend, or modify any provisions of this Agreement or the written ordinances, resolutions, rules, regulations and procedures of the City, nor shall he/she impose any limitations or obligations not specifically provided for under the terms of this Agreement. The arbitrator shall be without powers or authority to make any decision that requires the City or management to do an act prohibited by law.
d. In the event that this grievance procedure is used to challenge disciplinary actions, the arbitrator shall prepare a written decision containing findings of fact, determination of issues, and statement of the precise disciplinary penalty, if any.
e. After a hearing and after both parties has had an opportunity to make written arguments, the arbitrator shall submit in writing to all parties his/her findings and award.
f. The award of the arbitrator shall be final and binding within sixty (60) days of submission. During this sixty (60) day, period either party may request, in writing, a clarification of the decision. A copy of such request must be provided to the other party simultaneously with the sending of the request to the arbitrator.
g. The fees and expenses of the arbitrator shall be shared equally by the City and the Recognized Employee Organization. All other expenses shall be borne by the party incurring them, and neither party shall be responsible for the expense of witnesses called by the other. Either party may request a certified court reporter to record the entire arbitration hearing. The cost of the services of such court reporter shall be shared equally by the parties.
h. By filing a grievance and processing it beyond Level III, the grievant expressly waives any right to statutory remedies or to the exercise of any legal process other than as provided by this
grievance/arbitration procedure. The processing of a grievance beyond Level III shall constitute an express election on the part of the grievant that the grievance/arbitration procedure is the chosen
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forum for resolving the issues contained in the grievance, and that the grievant will not resort to any other forum or procedure for resolution or review of the issues. The parties do not intend by the provisions of this paragraph to preclude the enforcement of any arbitration award in any court of competent jurisdiction.
ARTICLE 8 - VACATIONS AND HOLIDAYS
I. PREAMBLE
It is the intent and purpose of this vacation and holiday leave policy that all employees avail themselves of accrued vacation and holiday time in order to promote a safe and productive working environment. However, the parties do recognize that personal circumstances and/or the staffing requirements of the Fire Department may periodically impact the ability of an employee to utilize any or all of his/her annual vacation and holiday accrual.
A. VAC
ATION PROGRAM
1. T he maximum vacation accrual is 312 hours.
2. With the approval of the 2011-12 MOU, employees with existing vacation hours had hours placed in Vacation Bank No. 1. No additional hours accrue to Vacation Bank No. 1.
At the same time, Vacation Bank No. 2 was established. Vacation accrual from the establishment of Vacation Bank No. 2 was placed in Vacation Bank No. 2 with a maxmimum accrual cap of 312 hours.
3. Once the vacation hours in Bank No. 2 reach 312 hours, additional vacation (above the maximum) shall be automatically cashed out as part of the regular payroll process. Said hours shall be cashed out during the pay period in which they would have been earned.
4. Vacation usage or cash out in accordance with this Article shall first be deducted from Bank No. 2.
5. Effective July 1, 1994, every full time sworn member of t he Fire Department shall accrue vacation with pay as follows:
Commencement of Year of Service A
ccrual Rate
0 through and including 7 6 shifts per year
8 through and including 9 7 shifts per year
10 through and including 13 9 shifts per year
14 through and including 15 10 shifts per year
16 through and including 17 11 shifts per year
18 through and including 19 12 shifts per year
20 plus 13 shifts per year
6. Sworn Fire Members assigned to a twenty -four hour shift may, annually during any fiscal year, elect to cash out up to 8 shifts (192 hours) of vacation
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time. The effective date(s) of any such cash- out to be determined by the employee.
Beginning in December 2022, and each December thereafter, employees may irrevocably choose in writing, on a form available from the Human Resources Department, to cash out up to 8 shifts (192 hours) that are to be accrued and remaining unused in the following calendar year. Vacation balances rolled over from prior calendar years are not eligible for cash out.
Regardless of the number of hours irrevocably elected for cash out, the cash out will o nly be made from hours accrued during the calendar and not otherwise used for time off or otherwise by the employee at the time of the cash out. Cash outs shall be paid in December of each year.
The payment shall be made via payroll with the last paycheck in the following December after receipt of the irrevocable election form.
Employees who do not submit an irrevocable election form by December 15th will be deemed as foregoing participation in the optional annual leave cash-out program for that following calendar year.
In the event an employee has less hours in their leave bank at the time the cash-out is to be paid than they had previously elected to cash- out, the employee shall only be paid for up to the amount that was accrued that calendar year that is remaining in their designated leave bank at the time of the actual cash-out.
If an employee makes an irrevocable election to cash -out leave in the following calendar year and uses leave during that subsequent calendar year, the leave used may come from leave the employee had earned (if any) prior to January 1st of the calendar year the employee had elected to cash - out and/or in the same calendar year. The employee’s use of earned, but unused leave accumulated from previous calendar years shall not result in a reduction in the amount of leave hours the employee is eligible to cash-out.
An employee who experiences an unforeseeable emergency may be permitted to make a new irrevocable election and/or to increase the amount of a previous election, s ubject to the same value that was permitted at the time the annual irrevocable election forms were due.
For these purposes, an “unforeseeable emergency” means a financial hardship to the employee resulting from any of the following:
• Accident, illness, injury or death of the employee or an immediate family member. For this purpose, an “immediate family member” is restricted to a spouse, registered domestic partner, child/legal dependent, or parent; or
• Loss of extensive damage to the employee’s property due to casualty; or
• Other similar extraordinary and unforeseeable circumstances arising as a result of events beyond the control of the participant.
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Whether an occurrence is an unforeseeable emergency shall be solely determined by the City Manager or designee.
The City shall make a form available for employees to make their irrevocable election.
B. HOL
IDAYS
1. Effective upon implementation of the 2004-06 MOU, Association members shall commence accruing twelve (12) holiday hours per month. Any holiday time accrual above twenty -four (24) hours shall be automatically cashed out as part of the first pay period following December 1 st of each
year.
Use of said holiday time shall be governed by Article 8(c) of this MOU.
C. Approval to use Vacation and Holiday Time remaining in Vacation and/or Holiday banks
1. U nless otherwise approved in writing by the Fire Chief and/or his /her designee, granting of any request to utilize earned vacation and/or holiday time shall be subject to the proviso that in no case shall more than two captains, two engineers, two firefighter/paramedics, and two firefighters assigned to a shift (a total of eight personnel) be authorized to utilize said leave during all or part of the same shift date(s). Where request to utilize said leave exceeds the per shift/classification numbers described in this paragraph, then the request filed earlier shall have priority. In cases where requests are filed simultaneously, priority shall be given to the most senior (in total service) applicant.
ARTICLE 9 - SICK LEAVE
A. Sick Leave with pay shall be granted to every full -time employee who has been continuously employed for a period of time in excess of 30 days. Such sick leave shall be granted by the appointing authority at any time after 30 days of employment, at the rate of twelve hours for each full calendar month of continuous employment with the City, including time served in probationary status.
Effective the pay period that includes January 1, 2019, the hours of sick leave earned by each employee annually will be reduced from one -hundred forty-four (144) hours to ninety- six (96) hours per year to allow forty- eight (48) hours at regular rate of pay to be used for a new Retiree Health Savings Plan (see Article 17, page 16 for the Retiree Health Savings Plan ). The forty -eight (48) hour contribution shall be prorated at the rate of four (4) hours per month.
B. Sick leave is paid leave from work that can be used for the following purposes:
1. Diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee or any of the following of the employee’s family members: child of any age or dependency status; parent; parent -in- law; spouse; registered domestic partner; grandp arent; grandchildren; or
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sibling; or
For an employee who is a victim of domestic violence, sexual assault, or stalking to: i) obtain or attempt to obtain a temporary restraining order or other court assistance to help ensure the health safety or welfare of the employee or his or her child; or ii) obtain medical attention or psychological counseling; services from a shelter; program or crisis center; or participate in safety planning or other actions to increase safety.
For full time employees, one -half of the employee's accrued and available annual sick leave is protected and may be used for any of the purposes stated above.
C. L
ight Duty Eligibility - Subject to the one exception described herein, light duty (modified duty) shall be made available only to those individuals suffering an industrial injury. The only exception to this rule shall be that non- industrial disabilities related to pregnancy, shall result in the subject employee being eligible for light (modified) duty.
D. In those instances wher e an employee ha d accumulated sick hours on or before implementation of the 2011-2012 MOU, the employee was subject to two (2) separate sick leave banks. The first sick leave bank (Bank No. 1) shall consist of the total number of sick hours accrued on or before implementation of the 2011- 2012 MOU. The number of sick hours contained within Bank No. 1 shall not increase.
E. Concurrent with creation of Bank No. 1 above, there shall be created a second sick bank (Bank No. 2) that shall have a balance of zero (0) at its inception. Sick hours accumulated on or after implementation of the 2011-2012 MOU shall be deposited in Bank No. 2 but in no case shall said accumulation in Bank 2 exceed 800 hours.
F. Sick usage in accordance with this Article shall first be deducted from Bank No. 2.
G. The employee shall notify the on-duty Division Chief or his/her designee at least one hour before the beginning of the assigned shift, or when the need for lea ve is forseeable. When absence is for more than three consecutive shifts, the employee may be requested to provide the supervisor with a physician's certificate indicating the need for leave. A supervisor may require an employee to submit a physician's statement of illness regardless of the length of an employee's period of absence, if the supervisor has reason to question the validity of the em ployee's sick leave request.
H. The City Manager, or designee, may require an employee to submit to a City-paid fitness for duty examination to determine if the employee i s able to perform the essential functions of his or her job when there is significant evidence that:
1. The employee’s ability to perform one or more essential functions of his or her job has declined; or
2. Could cause a reasonable person to question whether an employee is still capable of performing one or more of his or her essential job duties, or is
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still capable of performing those duties in a manner that does not harm him or herself or others.
I
. Refusal of any employee to submit to such medical examination shall constitute insubordination and grounds for disciplinary action.
J. S ick Leave Cash Out
The following sick leave cash out plan shall be implemented:
SICK LEAVE BANK 1:
1. Upon the service or disability retirement of an employee, the City will pay to the employee an amount equal to 33.31% of the individual employee's accumulated sick leave account in Bank 1. Payment will be made at the employee's then current rate of pay.
2. Upon the death of an employee prior to retirement, the City will pay to the employee's designated beneficiary under the City's life insurance program, an amount equal to 33.31% of the employee's accumulated sick leave balance in Bank 1. Payment will be made at the employee's current rate of pay.
SICK LEAVE BANK 2:
Upon the service or disability retirement, an employee with 10 or more year’s service may cash out accrued Bank 2 sick leave at the rate of 16 hours for every one year (12 months) of City service.
K. Sick Leave Usage:
Employees absent from a partial day due to sick will use one hour for each hour of sick leave to cover the absence. An employee absent from a full shift shall use twenty-four (24) hours to cover all hours of the shift when they were absent.
ARTICLE 10 - BEREAVEMENT LEAVE
A. Each regular employee may be granted bereavement leave at the discretion of the Fire Chief whenever death occurs to a member of the employee’s immediate family.
Bereavement leave may not exceed the number of shifts required to provide three calendar days off. However, if travel outside the State of California, or within the State of California but extending beyond a distance of 300 miles from Monterey Park is necessary, bereavement leave may be extended to the number of shifts required to provide a total of five calendar days. Shifts of Bereavement Leave are to be charged to an account separate from the employee’s sick leave account.
B Immediate family, for the purpose of bereavement leave, shall include: spouse, father, father -in-law, mother, mother -in-law, child, stepchild, grandparents, and grandchildren, brother, brother-in-law, sister or sister-in-law or the employee.
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ARTICLE 11 - EMERGENCY AND FAMILY SICK LEAVE
A. An employee covered by this Agreement may be granted emergency sick leave or family sick leave at the discretion of the Fire Chief , or as otherwise required by law, whenever serious illness or other illness occurs to a member of the employee's immediate family.
B. Emergency and family sick leave will be charged to sick leave rather than vacation.
C. Immediate family, for the purpose of emergency or family sick leave, shall include:
spouse, father, father-in-law, mother, mother-in-law, child, stepchild, grandparents, grandchildren, brother or sister of the employee.
D. Serious illness, for the purpose of emergency sick leave, shall be defined as an emergency situation, in that the fam ily member -- injured or ill -- requires hospitalization and/or immediate medical attention and treatment by a physician.
The employee is expected to make suitable arrangements for the care of the injured or ill family member as soon as practicable following the actual emergency.
E. Family illness shall be defined as a situation that requires an employee to take care of a family member who is ill or has a scheduled appointment with a health care professional.
F. Should the need for family leave under the terms of this Article exceed the number of shifts occurring within a seven consecutive calendar day period per occurrence, the employee shall make application for leave under authority of the Family and Medical Leave Act (FMLA) and any continued approval for l eave shall be governed by provisions contained therein.
G. In order to receive compensation while absent on family or emergency sick leave the employee shall obtain prior verbal approval from the Fire Chief or his/her authorized representative.
ARTICLE 12 - MILITARY LEAVE
Military Leave of Absence shall be granted in accordance with provisions of the City of Monterey Park’s Personnel System Rules and Regulations, Administrative Policy 30-14 and as defined in Section 395 et. seq. of the Military and Veteran's Code of the State of California.
ARTICLE 13 - JURY DUTY
An employee of the City who is required to participate as a juror or required to participate in the jury selection process, shall, each fiscal year, continue to receive full salary and benefits for all shifts the employee is regularly scheduled to work which occur for the ten calendar days from and including the first day the employee is required to report for jury service and is engaged in such activities. Compensation shall extend beyond ten (10) days only upon provision to the City of a certified court document showing that trial counsel and/or the court estimated the trial for which an employee has been selected as a juror, to be of ten (10) or less days in duration.
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ARTICLE 14 - LEAVE OF ABSENCE
As defined in Rule XI, Attendance and Leaves, Section 4, Leave of Absence, of the Personnel System Rules and Regulations of the City of Monterey Park, except as modified herein.
A. When an employee maintains a non -paid employment status, the City shall make no premium or other contributions to insurance coverage except as may be required by law as it, from time to time exists. In such case, the employee shall be required to deposit any and all insurance premiums with the City for remittance by the City to their carrier.
B. Subject to the requirements of the law , a leave of absence without pay shall not exceed the cumulative total of 180 calendar days during the entire term of an individual’s employment, and any such leave of absence without pay shall be preceded by exhaustion of all accrued paid leaves of absence except as noted in Article 16 – Health Insurance, Section III, Long Term Disability. Absence without pay for a period greater than 50% of a pay period shall result in no leave benefi ts or seniority accrual for said period of time.
ARTICLE 15 - UNIFORM ALLOWANCE
I. STATION UNIFORMS
A. The uniform allowance shall be eight hundred and six dollars ($806.00). The City shall continue its credit/retail account program with a retail outlet to be determined by the City. Due to the CalPERS monthly reporting requirement change, the uniform allowance benefit amount will be reported 1/12 th per month to CalPERS
for “classic” employees and the City and employee shall be debited their respective CalPERS contributions. The employee will be required to use the approved City vendor for the purchases of their indentified uniform apparel. The uniform apparel that this uniform allowance represents as follows:
Three NFPA approved shirts
(with patch es) and pants, one NFPA approved jacket (with patches), and one standard belt and buckle.
B. The City shall replace any station uniform damaged or destroyed as a proximate result of performing the duties of a Firefighter, upon prior approval of the Battalion Chief and in accordance with Fire Department procedures.
C. Uniform allowance shall not be credited to the employee that has been absent , for any reason, from active uniformed service for any time in excess of one-half of the fiscal year. Uniform allowance shall be provided on a prorated basis for those employees.
II. SAFETY GEAR
A. The City shall provide and maintain safety items as mandated by CAL/OSHA through procedures established by the City. Included are the following items :
1. Turn-out boots, trousers, and coat
2. Gloves and goggles
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3. Helmet
4. Brush jacket
5. Safety Shoes
6. Flashlights
7. Breathing apparatus
8. Infectious disease protective clothing
B. Any Unit employee who negligently damages or loses any provided equipment or uniforms shall be subject to disciplinary action.
C. T he City shall enter into a bulk-cleaning contract with a vendor to be selected solely at the discretion of the City.
ARTICLE 16 - HEALTH INSURANCE
A. Medical Insurance for Full-Time Employees
The City’s monthly contribution to the Cafeteria plan for active employees is one thousand two hundred fifty dollars ($1250). The Cafeteria plan contribution for active employees includes the PEMHCA minimum for employer contribution as identified annually by CalPERS. The PEMHCA minimum for 2018 is $133 per month.
Effective the beginning of the pay period following July 1, 2018, the City’s contribution to the Cafeteria plan for active employees will increase by ninety dollars ( $90) per month for a total mo nthly contribution of one thousand three hundred forty dollars ($1340). Effective the beginning of the pay period following July 1, 2019, the City’s contribution to the Cafeteria plan for active employees will increase by thirty-five dollars ($35) per month for a total monthly contribution of one thousand three hundred seventy-five dollars ($1375). Effective the beginning of the pay period following July 1, 2020, the City’s contribution to the Cafeteria plan for active employees will increase by thirty-five dollars ($35) per month for a total monthly contribution of one thousand four hundred ten dollars. Effective the beginning of the pay period following July 1, 2021, the City’s contribution to the Cafeteria plan for active employees will increase by thirty -five dollars ($35) per month for a total monthy contribution of one thousand four hundred forty- five dollars. The Cafeteria plan contribution for active employees includes the PEMHCA minimum employer contribution which will be $136 per month in 2019 and will be adjusted thereafter in accordance with the City’s contribution amount set by CalPERS.
To the extent permitted by law (and CalPERS) employees may continue to enroll in the Local 1014 plan and use the City contribution toward insurance premiums.
Employees will be responsible for paying the amount of the total insurance premium that exceeds t he City’s contribution via the City’s Cafeteria Plan (IRC Section 125 Plan).
1. For employees who elect to waive medical insurance from the City (opt out), the City will pay $300/month in cash to the employee. In order to receive the opt-out incentive, the employee must certify annually that he/she has coverage through another insurance plan that is not an individual plan
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or coverage under an Exchange/marketplace, on a form to be provided by the City . This provision does not apply to employees who purchas e insurance through the Local 1014 plan.
2. Specific details of this cafeteria plan will be contained in a plan document available for review by employees at the City’s Human Resources Department.
B. Retiree Medical Benefits Offered to Those Individuals Hired On or Before December 31, 2015
1. Those individuals who were hired on or before December 31, 2015 will be eligible for medical insurance provided by PEMHCA or the Local 1014 plan and receive a City contribution equal to the MEC under PEMHCA (single party and dependent coverage). The City shall also make a monthly contribution to a retiree Health Reimbursement Account (HRA) for the difference between the MEC and the contribution amount set forth within this section. Retirees are required to coordinate with Medicare, including the purchase of a Medicare supplement.
2. If the employee retired from City employment with less than 20 years of City service, he/she will receive up to $346/month toward the purchase of medical insurance (single party and dependent coverage)
3. If the employee retired from City employment with 20 or more years of City service, he/she will receive up to $411/month toward the purchase of medical insurance (single party and dependent coverage).
C. Retiree Medical Benefits Offered to Those Individuals Hired On or After January 1, 2016
1. Employees who are hired into City service on or after January 1, 2016 will not be eligible for the City contribution set forth in section B above. Instead, these individuals will be eligible for medical insurance provided by PEMHCA or the Local 1014 plan and receive a City contribution equal to the MEC provided under PEMHCA (See Section A above).
D. Group Dental Plan
The City’s current contribution to the dental plan for active employees is ninety- five dollars ($95).
E. Vision Insurance Plan
The City will pay up to $20/month for the employee and qualified dependents. The employee will pay any and all premiums due in excess of the City contribution under the City’s Cafeteria Plan. The plan design shall be: Examination every 12 months; Frames and Lenses every 24 months. The deductible shall be $10.00/exam; $20.00/frame and lenses
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F. Long Term Disability
The City’s contribution is up to twelve dollars ($12.00) per month per employee toward the Fire Association’s existing Long Term Disability Plan known as the California Association of Professional Firefighters -Long Term Disability Plan (Plan Identification Number PN 100-101). Any premium cost in excess of $12.00 shall be paid solely by the employee; any premium cost less than $12.00 shall accrue to the City. Approved use of the Long Term Disability Plan shall be preceded by exhaustion of all accrued paid sick leave. The Firefighters’ Association will continue to be responsible for the administration of the Plan.
G. Life Insurance
1. The City provides each employee covered by this Agreement a term life insurance policy in the amount of $50,000.
2. Additional supplemental insurance may be purchased by the employee in $10,000 increments up to the lesser of $300,000 or 3 times the employee’s gross salary. Any premium costs for the additional supplemental insurance shall be paid solely by the employee.
ARTICLE 17 –
RETIREE HEALTH SAVINGS PLAN
A. Beginning January 2019, the City has agreed to provide contributions for full-time Unit employees toward a Retir ee Health Savings Plan (“RHSP”) as described in this Section.
B. The intent of the RHSP is to help participants pay eligible medical expenses during retirement using tax-deferred funds.
1. Eligible expenses include retiree health plan premiums, Medicare premiums, long-term care premiums and out of pocket health expenses.
C. The City agrees to contribute the dollar equivalent of 48 hours annually of unpaid sick time to the Unit employee’s RHSP account. These contributions will be made for each complete calendar month of an employee’s active City service. For example, each eligible member will receive 4 hours per month contribution equally 48 hours annually. The employee’s annual sick leave accrual will be reduced from 144 hours annually to 96 hours annually (see Article 9, page 9).
D. Contributions to the RHSP are 100% vested.
E. Contributions and earnings on the contributions to the RHSP accumulate on a tax- free basis and are not subject to tax if they are used to pay for eligible medical expenses for participants and their eligible dependent(s).
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F. Participants are allowed to self -direct all account assets into one of more of the investment options available within the RHSP.
G. The RHSP shall provide for benefits to be paid to a Unit employee after separation from City service based upon contributions made on behalf of such employee and shall not define a particular benefit to be paid to such employee.
H. Unit employees, whether active or terminated, may not transfer their RSMP account to a similar plan not sponsored by the City.
I. In the event of death, the participants account will transfer ownership to a surviving spouse or tax-qualified dependent. If the participant does not have a spouse or tax- qualified dependent, the unused assets will be forfeited back to the plan and distributed to plan participants on a pro-rata basis.
J. The RHSP will be administered by the authorized plan administrator designated by the City in a manner consistent with this Agreement. Administration fee will be paid by plan participants.
K. The City may change the RHSP at any time during the term of this Agreement, provided that the amount of contributions to the RHSP specified in Section C above do not change. Any change shall not affect any contributions that have vested under Section C above.
ARTICLE 18 - EDUCATIONAL ENROLLMENT COST REIMBURSEMENT
Effective July 1, 2012 educational costs shall be limited to two thousand dollars ($2,000) annually per unit member for eligible reimbursement expenses as defined within this Article.
The City agrees to reimburse employees for the cost of enrolling in college -level courses directly related to their employment, or compatible with a career goal with the City.
Enrollment cost reimbursement will be paid according to the following schedule:
Tuition fee reimbursement is established at 100% of tuition costs for attendance at a California State University campus not to exceed the cap of $2,000 annually. Enrollment cost reimbursement is subject to approval by both the Fire Chief and the Director of Human Resources/Risk Management. In rendering a reimbursement determination, the Fire Chief and the Director of Human Resources/Risk Management shall consider whether or not the course(s) for which the reimbursement is sought is related to the employee’s then existing principal duties and the availability of funds for reimbursement purposes. No employee shall be entitled to reimbursement unless pre -course enrollment written authorization for reimbursement is received from the Fire Chief and the Director of Human Resources/Risk Management. The reimbursement eligibility determinations described herein are not subject to any administrative or judicial appeal procedure and the decision of the Fire Chief and the Director of Human Resources/Risk Management shall be final. An employee will be reimbursed up to seventy-five dollars ($75.00) for books each semester or equivalent if he/she is enrolled in six (6) or less
units; an employee will be reimbursed up to two-
19 MO110\170\10261080.v1
hundred dollars ($200.00) for books each semester or equivalent, providing he/she is enrolled in seven (7) or more units. Reimbursement shall only be for books required for the course. All requests for reimbursement shall be accompanied by valid receipts.
ARTICLE 19 - EDUCATIONAL INCENTIVE PAY
The City agrees to maintain an Educational Incentive Pay , which provides additional compensation as follows:
A. $135.00 additional compensation per month for an employee with an Associate of Arts degree or 60 units of college credit from an academic institution accredited by the Western Association of Schools and Colleges or an accrediting organization recognized by the Council of Post Secondary Education in any major.
B. $275.00 additional compensation per month for an employee with a Bachelor's degree from an accredited academic institution as described above in a major reasonably related to the employee's work or consistent with a career objective with the City.
C. $325.00 additional compensation per month for an employee with a Master's degree from an accredited academic institution as described above in a major reasonably related to the employee's work or consistent with a career objective with the City.
D. The above amounts shall not be cumulative.
E. In addition, possession of a Company O fficers Certification shall allow an employee to be compensated at $60 per month. Only certification issued by the California State Fire Marshal’s Office shall be accepted.
F. Effective the beginning of the pay period following June 30, 2017, an employee in possession of a Chief Officer certification will be compensated with $60 per month.
G. Beginning with the first day of the pay period in which the Recognized Employee organization ratifies the tentative agreement setting forth the changes in this MOU, sections A, B and C of this Article shall be ineffective and replaced with the following non-cumulative payment amounts:
1. Addi tional compensation per month of 2% of base salary for an employee with an Associate’s degree or 60 units of college credit from an accredited academic institution as described above in any major.
2. Additional compensation per month of 5% of base salary for an employee with a Bachelor’s degree from an accredited academic institution as described above in a major reasonably related to the employee's work or consistent with a career objective with the City.
3. Additional compensation per month of 6% of base salary for an employee with a Master’s degree from an accredited academic institution as described above in a major reasonably related to the employee's work or consistent with a career objective with the City.
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ARTICLE 20 - TRAVEL REIMBURSEMENT
Mileage is reimbursed for travel in connection with City business. Prior approval must be obtained from the immediate supervisor or Fire Chief. Mileage forms are available in the department and, if travel is required frequently during a month, reimbursement will be made once each month. Completed mileage forms shall be submitted to the Fire Chief.
ARTICLE 21 - RETIREMENT BENEFITS
A. Retirement benefits are provided by the Public Employees' Retirement System (PERS). The 3% @ 55 retirement program for classic employees which includes one year final compensation (single highest year); Level 4 1959 Survivor’s Benefit (any resultant CalPERS cost increase designated as constituting employee costs associated with providing Level 4 – Survivor Benefit shall be borne by the employee); Post Retirement Survivor Continuance Benefit ; Level 4 – Survivor Benefit; and Military Service Credit as Public Service.
B. The parties hereto agree that the provisions of this Article are not intended to and shall not constitute a waiver of any rights the Recognized Employee Organization or its members may have in accordance with Monterey Park Municipal Code Section 2.40.040.
C. “Classic” employees pay their 9% member contribution. Effective the payroll period following Jauary 1, 2019, all “classic” employees will begin paying an additional 3% (for a total of 12%) as cost-sharing of the employer rate.
D. Employees who are ‘New Members’ as defined by the California Public Employees’ Pension Reform Act of 2013 (PEPRA) (e.g., an employee hired on or after 1/1/2013 who has never been a CalPERS m ember or member of a reciprocal system or who has had a break in CalPERS service of at least 6 months or more) will constitute a second tier and be subject to all the applicable PEPRA provisions, which include but are not limited to the following retirement benefits:
“New Members” will have the retirement formula 2.7%@57, three year average,
final compensation. New members are required to pay one-half the total normal cost as determined annually by CalPERS. As of July 1, 2018, that contribution is
11.5%
E
ffective the payroll period following January 1, 2019, “New Members” will contribute no less than a total of 12% toward retirement. The contribution will include one-half the total normal cost and any additional amount up to 12% as cost-sharing of the employer rate should one-half of the total normal cost be less than 12%.
For example, in the pay period following January 1, 2019, “new members” will contribute 11.5% (1/2 the total normal cost) and .5% as cost-sharing, for a total employee contribution of 12%. Should the required contribution for “new members” meet or exceed 12%, “new members” would pay the required
21 MO110\170\10261080.v1
contribution as indicated by CalPERS.
E. Cost-Sharing
The parties agree to cost-sharing of the employer retirement rate as noted above.
The City will pursue a contract amendment with CalPERS for the cost-sharing portion of employee contributions toward retirement. The parties agree to complete the contract amendment process during the first year of this MOU. Cost share will begin as noted above and will continue regardless of the effective date of the contract amendment with CalPERS.
If at some future date, unit members no longer agree to cost sharing, the City will simultaneously reduce the salary range for all Unit members by 3% and reduce any impacted employees’ base pay accordingly.
F. The City may pursue applications for industrial disability retirements for unit members as permitted by law.
G. S
ick Leave Use In Conjunction with IOD - Government Code Section 21163 provides in pertinent part that the retirement of a PERS member who has been granted or is entitled to leave, shall not become effective until the expiration of sick leave with compensation, unless the member applies for or consents to his or her retirement as of an earlier date, or unless, with respect to sick leave, the provisions of a local ordinance or resolution or the rules or regulations of the employer provide to the contrary. In this regard, it is acknowledged that with regard to service and non-industrial disability retirements, it is the rule and regulation of the City that no employee shall be entitled to use or receive cash distribution of sick leave on or after the effective date of said retirements and that any such retirement shall be made effective regardless of the employee having sick leave remaining in the employee’s account. Additionally, it is acknowledged that as regards individuals suffering from an industrial disability and/or being granted an industrial disability retirement, that the following sick leave rules and regulations shall apply:
1. I
n any instance where the local safety member has exhausted eligibility for benefits pursuant to Labor Code Section 4850, but is not eligible for disability retirement at said time, yet remains incapacitated from performance of the essential duties of the employee’s position, then the employee shall have the option of electing to receive 50 percent of the sick leave balance existing at the time of exhau stion of the Labor Code Section 4850 benefits, with said amounts to be distributed during each payroll period until said 50 percent amount has been exhausted. In no case shall any such distribution during one pay period exceed the gross salary to which the employee would otherwise be entitled during said pay period.
2. However, if said employee is eligible for an industrial disability retirement prior to exhaustion of benefits under Labor Code Section 4850 or simultaneous with the same, and still has sick leave remaining on account, then the retirement shall still become effective and the safety employee shall be provided a one -time cash distribution equivalent to 50 percent of the employee’s sick leave balance as it existed on the effective date of the industrial disability retirement. Further, said employee shall then be paid
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the cash value of accumulated vacation, holiday, and compensatory time off. Said payment shall, at the City’s option, be paid in one lump sum or in pay period installments not exceeding the gross salary to which the employee would otherwise be entitled during said pay period.
ARTICLE 22 - SALARY AND WAGES
Beginning with the first day of the pay period in which the Recognized Employee Organization ratifies the tentative agreement setting forth the changes in this MOU, the salary ranges for all classifications in this bargaining unit shall be increased by 2%.
Essential Worker Premium Pay under ARPA: The City will make a one -time non - PERSable payment of $6,000 per employee who was employed in a classification in this bargaining unit prior to March 31, 2021 and is still employed in a classification in this bargaining unit at the time of distribution of the lump sum payment. The payment shall be distributed with the payroll for the pay period beginning after City Council ratification of this MOU.
Longevity:
Effective the beginning of the pay period following July 1, 2016, t he City will provide a monthly longevity payment of one-hundred dollars ($100) per month upon completion of twenty (20) years of continuous service. The longevity payment will increase to three - hundred fifty dollars ($350) per month upon completion of twenty- five (25) years of continuous service.
Beginning with the first day of the pay period in which the Recognized Employee Organization ratifies the tentative agreement setting forth the changes in this MOU, longevity pay shall be increased to the following non-cumulative amounts:
4.5% of base salary after completion of 20 years of continuous safety service at the City; and
9.0% of base salary after completion of 25 years of continuous safety service at the City.
This payment will continue until there is a break of service or a separation of service between the city and the employee. The parties agree that this is special compensation and shall be reported as such to CalPERS, to the extent legally permissible, pursuant to Title 2 CCR, Section 571(a)(1).
I. W
AGE RATES
A. The salary range for Firefighter, Fire Engineer and Fire Captain shall be as shown in Addendum A.
II. S
KILL/ASSIGNMENT PREMIUM PAY
A. B
ILINGUAL PAY. The City shall pay $150 gross per month to each unit member certified by the City examination process as being capable of verbally interpreting and speaking those languages, including Spanish, Chinese, or any other language certified by the City as appropriate.
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B. Shift Fire Investigator Premium Pay. Individuals who are regularly assigned as Shift Fire Investigator shall receive $100 per month special assignment pay for each month so assigned. A maximum of six (6) Firefighters may be selected by the Fire Chief to serve in the capacity of Shift Fire Investigator. Individuals assigned as Shift Fire Investigators will be utilized as Cause & Origin Investigators and will be assigned responsibility for initial cause, origin and effect investigations at all fire scenes. Selection of individuals to serve as Sh ift Fire Investigator shall be at the sole discretion of the Fire Chief. Any such assignment is temporary in nature and the individual so assigned may be transferred out of the assignment at any time without cause, without notice, and without the right to any administrative appeal unless one is provided for consistent with Government Code Section 3250 et. Seq. These assignments are intended to be of limited duration to provide for staff development.
C. U
rban Search and Rescue (USAR) Technician Premium Pay . Individuals who are designated as Urban Search and Rescue (USAR) Technician following successful completion of the five required courses, Rescue Systems 1, Rescue Systems 2, Confined Space Operational, Trench Rescue, and Low Angle Rope Rescue Operational or equivalent, and any annual and additional subsequent training requirements, and who are assigned by the Fire Chief to serve as City of Monterey Park designated USAR respondents, shall receive $100.00 per month special assignment pay for each month so assigned. In addition, USAR technicians who receive Task Force Leader and/or Strike Team Leader certification (must have task book issued) and successfully complete the Heavy Equipment and Rigging Specialist course or Technical Search Specialist course will be eligible for an incentive of $200 per month. Currently, up to a maximum of eighteen (18) Fire personnel may be selected by the Fire Chief to serve in the capacity of Urban Search and Rescue (USAR) Technician. Effective following Council approval and signed contract, hereinafter for the duration of this contract, five (5) additional Fire personnel may be selected each year by the Fire Chief to serve in the capacity of USAR Technician for a total of thirty-eight (38) personnel.
D. EM
T- D Premium Pay . Fo llowing Department of Health Services approval of the Fire Department’s AED program, individuals who are in possession of valid certification as Emergency Medical Technician – Defibrillator (EMT-D) shall receive $200.00 per month premium pay. Individuals holding an EMT-P (Paramedic) certification are not eligible for premium pay under this section.
III.TRUCK COMPANY ASSIGNMENT
The Company Officer assigned to the Truck shall be required to perform any or all “representative duties” in the class specification for Fire Captain. Additionally, the requirement to perform any or all said “representative duties” shall not constitute a change in terms and conditions of employment or in past practices. Any Company Officer assigned to the Truck shall not be eligible for acting or any other premium compensation unless said individual has also been specifically appointed as an Acting Battalion Chief in accord with this MOU.
ARTICLE 23 - WORK SCHEDULE
The basic work schedule for Fire Suppression personnel is eight 24-hour shifts in a 24-day work period, which amounts to an average of 122 work shifts (24 hour) per year. This Article is intended to be an exception to Article 3.
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ARTICLE 24 - PARAMEDICS
A. Fire Department employees shall be selected for, and be removed from, the paramedic assignment by the Fire Chief. The Fire Chief may seek the advice of a physician medical advisor, on his/her qualifications as a paramedic.
B. Unless good cause is shown on an individual basis, the City shall continue to sponsor Captains and Engineers for Paramedic Certification.
C. Certified Firefighters assigned to paramedic duties and certified Fire Engineers and Captains shall be paid the following additional increments to base sala ry each month/or a prorate share thereof providing certification is maintained.
Firefighter F
ire Engineer and Captain
5.0% for the first year 2.5% for the first year
certified and assigned certified
to paramedic duties.
10.0% for the second year 5.0% for the second year
certified and assigned certified
to paramedic duties.
15.0% for the third year 7.5% for the third year (and thereafter) certified and assigned certified
to paramedic duties.
(For example: a Firefighter, with three years as a paramedic, who is promoted to Fire Engineer, and who continues their paramedic certification, will be eligible for the 7.5% differential for as long as the paramedic certification continues)
D. An individual desiring to resign from the paramedic program must provide a minimum notice of six (6) months in writing, prior to the date of his/her proposed resignation.
The Fire Chief may issue, at his discretion, administrative guidelines setting forth the structure and operation of the paramedic program. The Fire Chief retains the sole right to direct the paramedic program, including the right to assign, reassign, or discipline any paramedic; determine the type of services to be rendered; determine the pro cesses, techniques, methods, and means of performing work; determine selection of employees; determine the size and characteristics of the paramedic program; determine the allocation and assignment of work to paramedics; determine policy affecting the selection of new paramedics; and determine the methods and means by which paramedic operations are to be conducted.
ARTICLE 25 - PHYSICAL EXAMINATIONS
The City agrees to provide employees a complete physical examination, including stress EKG on the following basis:
A. Employees shall be administered a complete physical examination, including stress
25 MO110\170\10261080.v1
EKG, or be administered portions of the examination as they may be required, as follows:
1. Employees under forty years of age shall be administered a complete physical examination without the stress EKG every two years. The stress EKG will be administered every four years only.
2. Employees forty years of age or over shall be administered a complete physical examination including stress EKG every two years.
3. A City physical examination will be required each year following a City medical examination that reveals a medical problem or potential problem until that condition is improved or corrected by medical treatment and clearance.
B. Employees shall be given all examinations while on duty status, or if given this examination while off -duty, shall be compensated at straight time. If employee reschedules examination to off duty time, no compensation will be paid.
C. The City agrees such medical examination shall review those factors and standards reasonably required to be met by an employee to substantially comply with his job requirements.
D. The cost of the examination shall be borne by the City.
ARTICLE 26 - PHYSICAL FITNESS INCENTIVE PROGRAM
During the term of this MOU, the City agrees to continue a Physical Fitness Incentive Program as described in Addendum B of the 1999- 02 MOU and incorporated herein by this reference.
ARTICLE 27 – 401(a) PLAN/DEFERRED COMPENSATION PLAN
401(a) Plan
The City will amend the 401(a) plan to permit employer contribution on behalf of unit members. The plan amendment will be effective January 1, 2019.
A. City Contribution to 401(a) Plan
Effective the beginning of the pay period following January 1, 2019, the City will contribute to a 401(a) Plan for all members of the bargaining unit as follows:
Tier 1: Classic members will receive 3% of regular monthly salary to the 401(a) Plan.
Tier 2: “New Members” (PEPRA) will receive $185 per month to the 401(a) Plan.
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Beginning with the first day of the pay period in which the Recognized Employee Organization ratifies the tentative agreement setting forth the changes in this MOU, the tiering shall be eliminated and all bargaining unit members (Classic and New Members ) will receive the current Tier 1 City contribution of 3% of regular monthly salary to the 401(a) Plan.
457 Deferred Compensation Plan
A 457 deferred compensation plan will be available to all members of the bargaining unit.
Participation in this deferred compensation plan is at the option of the individual employee and subject to annual plan limits.
B. D
eferred Compensation Special Catch -up Provision:
The City of Monterey Park 457(b) Deferred Compensation Plan allows employees nearing retirement the opportunity to make deferrals up to two times the annual IRS limit. These contributions are known as “Special Catch Up” contributions.
Employees must meet the following criteria to be eligible to make a Special Catch Up contribution.
1. Employee must participate in the 457(b) plan;
2. Employee contributed less than the IRS annual maximum in any plan year the employee was eligible to participate;
3. Employee must be within three years of the year prior to their retirement year;
4. Employee must be within three years of the year prior to meeting the Plan’s normal retirement age. Normal retirement age for “classic” safety members of PERS is fifty-five (55) years old and fifty-seven (57) years old for “new” members of PERS.
5. Employee must not be utilizing the Age 50+ Catch-Up in any year a Special Catch-Up contribution is made.
The intent of this section is to facilitate association members in the final three (3) years prior to their stated retirement year in converting the hourly rate of accrued compensable leave to monies into their contribution to the City’s deferred compensation plan.
After an employee defers compensable accrued leave, balances of 120 hours must remain or be maintained in both their sick and vacation accrual banks. If an employee defers compensable leave from a bank that has a formula of payout at retirement (i.e. 50% sick leave at retirement) the deferral does not recalculate the remaining balance. All sick leave hours, per MOU provisions, will be on a fifty percent basis (i.e. a conversion of 100 hours will result in the salary equivalent to 50 hours being deposited into the employees deferred compensation account). In the final three (3) years prior to an employee’s stated retirement year, they may convert the hourly rate of accrued compensable leave to monies to be included in their contribution to the City’s deferred compensation plan per the schedule outlined below:
3-y ear Catch -up Plan – Subject to IRS 457(b) contribution guidelines and annual limits.
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1st year: no more than 20% of compensable accrual time of Sick L eave, Vacation Leave and Holiday Leave.
2nd Year: If a second year is chosen, no more than 35% of compensable leave may be deferred.
3rd Year: If a third year is chosen, no more than 50% of compensable leave may be deferred.
T
he City is not a party to and accepts no responsibility for the employees obligations under federal law to comply with the IRS and legal requirements of such deferrals allowing 457 participants a one -time catch -up provision to make deferrals to “catch-up” underutilized deferrals from prior years during any or all of the three calendar years ending before the tax year they reach the plans normal retirement age.
ARTICLE 28 - ACTING PAY
A. Employees may be assigned to work in a position/class having a higher rank or salary range in accordance with the following provisions:
1. No acting pay shall be paid for time worked in an acting capacity of less than twenty-four consecutive hours.
2. Employees must be certified by the Fire Chief to work in an acting/temporary assignment capacity in said position/class. Except as otherwise provided for herein, certification for acting and/or temporary assignments shall be at the sole discretion of the Fire Chief. The Fire Chief’s determination regarding certification for acting/temporary assignments shall not be grievable or otherwise subject to any administrative appeal or challenge and is final and binding on the parties and their members. “Certification” shall only mean that the Fire Chief has used discretion and determined solely in his/her professional opinion based only on the criteria that the individual is capable of performing the acting or temporary assignment. “Certification” shall not refer to any particular examination, evaluation process, or other qualification standards, and no such process shall be required for use by the Fire Chief in rendering his/her determination. Acting Division Chief Certification shall be determined by the Fire Chief.
3. To the extent that any “certification” or acting/move -up procedure described herein conflicts with any provisions in the Personnel Rules, Memoranda of Understanding, department rules or any other City promulgated policies, this MOU article shall prevail and be given full force and effect.
4. Employees assigned to work in an acting/move -up capacity shall be paid according to the following criteria:
a. $60.00 per shift for Acting Fire Engineer
b. $70.00 per shift for Acting Fire Captain
c. $80.00 per shift for Acting Fire Division Chief
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B. Need for Acting Assignments: To assure the orderly performance and continuance of municipal services, the City may be required to temporarily upgrade employees on an acting basis to positions of a higher classification. For the purposes of this Article, it is understood that acting assignments may be required in order to temporarily fill position classification vacancies, which may exist for any of the following reasons:
1. A
position classification is permanently vacant and is scheduled to be filled by a regular full-time employee and a limited period of time is required in order to proceed with and complete the normal appointment procedure.
2. A position classification is temporarily vacant although, permanently filled, because the regular employee is on an approved paid or unpaid leave of absence.
C. It is not the intent of the City to circumvent or avoid the normal employment or promotion process and therefore, the City shall make every reasonable effort, as determined by the City, to fill vacancies in a most expeditious manner and to keep the need for such acting assignments to a minimum.
D. S
election for Acting Assignments . The selection of an employee for acting assignments shall be at the sole discretion of the Fire Chief or his or her designee, taking into consideration the following factors of those employees eligible for the acting assignment: the requirements of the position to be filled, the qualifications, job performance, on an active promotional exam list, and seniority.
E. A
cting assignments shall be filled on a move -up basis or on a rank -for-rank basis, depending on the needs of the Fire Department as determined by the sole discretion of the Fire Chief.
F. S
tatus of Employee in Acting Assignment . Time served in an acting ass ignment shall not be credited towards completion of any probationary test period in the acting position. Time served in an acting position shall not alter the employee’s anniversary date. If the acting employee would have been eligible for a merit increase had the acting appointment not been made, then the employee shall remain eligible for such merit increase with the employee’s performance in both the regular and acting positions being considered.
G. D
uration of Acting Assignment. No employee shall serve in any acting assignment for more than six (6) consecutive months.
ART
ICLE 29 - FAIR LABOR STANDARDS ACT
A. 7k E xemption. The City of Monterey Park has exercised its ability to take a statutory "7K" exemption for sworn fire personnel. The work period for such employees assigned to suppression positions shall be twenty-four (24) days.
B. O
vertime (Fire Suppression). Hours worked by fire suppression employees in excess of the standard work period of one hundred and eighty-two (182) hours in a twenty-four (24) day cycle shall be compensated at the overtime rate of time and one-half his/her regular rate of pay.
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C. In determing overtime compensation, all hours worked and hours where paid leave is used in lieu of hours worked, except sick leave, shall be counted as total hours worked.
The parties agree that amending the hours worked eligibility for overtime to include paid leave as hours worked, was agreed to with the expectation that the use of sick leave (which does not count as hours worked for overtime eligibility) by unit members would be reduced. This agreement was also made as an alternative to providing a COLA that would have increased PERS costs. By including leave as hours worked for overtime eligibi lity, the City will increase its overtime costs pursuant to the MOU but those increased costs do not increase reportable pensionable pay to CalPERS. The parties agree that sick leave usage will decrease by 1,000 hours or 20%; off-duty illness or injury that exceeds 6 shifts and/or FMLA designated leave will not be included in the calculation. Sick leave usage will be evaluated during the periods of January 2019 through December 2019, and January 2020 through December 2020. Should the decrease in sick leave usage of 1000 hours (20%) not be achieved during these periods, both parties agree that on July 1, 2021, the FLSA provision will revert to the previous pre-June 30, 2018 contract language (vacation, holiday leave, compensatory leave, jury duty, and bereavement leave, along with sick leave, would be excluded in determining eligibility for overtime compensation). A traditional, one-time COLA of 1.3% would be granted in the same pay period as the leave counting as hours worked ends.
D. All overtime requests must have written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty time are considered as authorized.
E. An employee's failure to obtain prior written approval, or explicit verbal authorization followed by written authorization, will result in the denial of the overtime request.
F. In the event that the hourly figure for premium overtime shall be decreased, increased or stayed by the Department of Labor or a court of competent jurisdiction, the City and Recognized Employee Organization agree to use the revised figure for determining premium overtime eligibility until such time as a final court decision is rendered. Any such adjustment by the City shall not act as estoppel or waiver by either party.
G. C
ompensatory Time . Employees may elect to cash out CTO accrued in the same calendar year. All compensatory time on the books will be paid down to zero hours each December 31.
H.
In lieu of receiving cash payment at the regular rate of pay (Section A) for hours worked in excess of one hundred eighty-two (182) during the twenty-four day work period, an employee may elect the option of accruing compensatory ti me off.
Compensatory time shall be earned at the time and one half rate for each hour worked subject to the provisions of Section C above.
30 MO110\170\10261080.v1
I. C lothes Changing. Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on-duty. Each employee is provided with a locker for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion.
J
. Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work as long as the badge and insignia are covered by a garment such as a windbreaker. Time spent in changing clothes before or after a shift is not considered hours worked and is not compensable in any manner whatsoever.
K. T
raining Time . Attendance at training schools/facilities (including the academy) that improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the employee's normal work shift. Any time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits are not compensable hours of work, even though the employee may be confined to campus or to barracks 24 hours a day.
L. T
ravel time to and from the training facility outside of any employee's normal work shift is not compensable hours of work.
M. C
ity Vehicle Use . Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle. This provision also applies in those situations where the radio must be left on and monitored.
N. T
his provision does not preclude compensation in those instances where an employee is required to perform emergency fire duties. In such cases, appropriate compensation shall be provided.
O. G
ym Facility . The City provides a gym facility for public use which employees may use voluntary during their off duty hours. Time spent off duty by employees working out at the gym facility is not considered hours worked and will not be compensated in any manner.
P. C
all -back Pay. Call back duty occurs when an employee is ordered to return to duty on a non- regular scheduled work shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty receives the call. An employee shall report to duty within a reasonable period of time not to exceed one hour and shall receive a minimum of two hours credit. Any hours worked in excess of 2 hours shall be credited on an hour for hour basis for actual time worked. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever.
T
his provision is to be distinguished from "Court Standby" pay in Section R, which is to be used when an employee is called back to court.
Q. C
ourt Pay. When an employee is physically called to court, he/she shall be credited on an hour for hour basis for the time actually spent in court. An employee shall
31 MO110\170\10261080.v1
be credited with a minimum of two (2) hours for each scheduled court appearance.
Only one minimum shall apply per day. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever.
R. C
ourt Standby. An employee on court standby status may leave a telephone number where he/she may be reached while on standby. Such time is not considered hours worked under the Fair Labor Standards Act or for determining hours worked for overtime compensation under this memorandum of understanding. However, in recognition of the Cit y's past practice, the employee will continue to receive credit for two (2) hours provided that the employee is not actually required to be present in the court building. If an employee is required to go to court, these two hours is applied to Court Pay, Section Q.
S. S
hift Trades . The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations. The employee providing the trades shall not have his/her compensable hours increase as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. Any premium pay will be waived for both individuals during the period they work for the other. Any hours worked beyond the normal workday will be credited to the individual actually doing the work.
"
Paybacks" of shift trades are the obligation of the two employees involved in the trade. Paybacks are to be completed within one (1) calendar year of the date of the initial shift of the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties.
A record of all initial shift trades and "paybacks" shall be maintained by the involved employees on forms provided by the department (Time Exchange Form).
T. E
arly Relief Policy . The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have his/her compensable hours increase as a result of the early relief; nor shall the employee relieved early have his/her compensable hours decrease as a result of the early relief. "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. The employee must receive prior approval from his/her supervisor and log it in prior to the early relief.
ART
ICLE 30 – TRANSFER
Any employee in the Department may be transferred from one station house to another or from one job to another at the same pay level. Such transfers shall continue to be at the
32 MO110\170\10261080.v1
discretion of the Fire Chief, and shall not be subject to review in the grievance/arbitration mechanism.
ARTICLE 31 - PERSONNEL RULES AND REGULATIONS
During the term of this agreement, both parties agree to meet and confer on the content and implementation of new and/or revised Personnel Rules and Regulations.
ARTICLE 32 - WRITTEN NOTICES TO RECOGNIZED EMPLOYEE
ORGANIZATION
Reasonable written notice will be given to the Recognized Employee Organization of any rule, ordinance, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council. In cases where the City determines that as a result of an emergency an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meetings with a Recognized Employee Organization, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such ordinance, rule, resolution or regulation. The Reorganized Employee Organization shall be deemed to have met and conferred and agreed to any matter within thirty days after mailing of the notice by the City regarding said matter if the employee organization fails to deliver to the City Manager a written request for a meeting.
ARTICLE 33 - GENERAL PROVISIONS
A. If any section, subsection, subdivision, sentence, clause or phrase of the Agreement is for any reasons held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portions of this Agreement.
B. This Memorandum shall not in any way interfere with the obligations of the parties to comply with State and Federal laws, or with any rules, regulations, or order issued by such government authority pertaining to matters covered herein. If any provision, or provisions, of this Memorandum shall be affected by State or Federal laws, or of any rule, regulations, or order issued by such governmental authority, or if any provision, or provisions should be held invalid by court of record, the remainder of the Memorandum shall not be otherwise affected thereby.
C. The parties acknowledge that during the meeting and conferring in good faith which resulted in this Memorandum, each had the unlimited right and opportunity to make demands and proposals with respect to any and all conferring, and that the understanding and agreement arrived at by the parties after the exercise of that right and opportunity is set forth in this Memorandum. Therefore, the City and the Recognized Employee Organization, for the life of this Memorandum, each voluntarily unqualifiedly waives the right with respect to any subject or matter referred to or convened in this Memorandum even though such subject or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they met and conferred or signed this Memorandum unless otherwise provided for herein.
The parties further acknowledge that they have met and conferred regarding cessation of the practice of allowing represented members to store personal
33 MO110\170\10261080.v1
property (i.e. boats, recreational vehicles, etc.) at City owned sites. No individual shall be authorized to utilize City owned property for the storage of personal property.
The parties agree the during the term of this MOU, the parties will meet to review and update the contract language in the MOU for clarity, to delete items referring to the past that are no longer needed/relevant, to be consistent with the law, and to reflect actual current practices. The MOU language review is not intended to result in significant economic impacts to either party.
D. Side Letter:
1. The Parties acknowledge that the provisions of the MOU require a close degree of cooperation and that new information and future events may demonstrate that changes are appropriate with respect to the details of performance of the Parties under this MOU. The Parties desire, therefore, to retain a certain degree of flexibility with respect to the details of performance for those items covered in general terms under this MOU. If and when, from time to time, the Parties find that refinements or adjustments are desirable, such refinements or adjustments will be accomplished through Side Letter or implementation memoranda approved by the Parties which, after execution, will be attached to this MOU as addenda and become a part hereof.
2. Side Letter or implementatio n memoranda may be executed on behalf of City by the City Manager and the City Attorney. In the event a particular subject requires notice or hearing, such notice or hearing will be appropriately given. Any significant modification to the terms of performance under this MOU will be processed as an amendment of this MOU in accordance with this MOU and must be approved by City Council.
E. It is agreed that neither the Recognized Employee Organization nor the City shall discriminate against any employee because of race, religion, national origin, age, sex, disability, sexual orientation or union membership or activity.
F. It is the shared view of the City and the Association that all employees of the Association will at all times conduct themselves in a profession al and lawful manner and adhere to all federal, state and local laws. The Association, and its members, agree that in the event that the conduct of the members does not adhere to this standard that they should be subject to the appropriate level of counseling or discipline commensurate with the corresponding failure in conduct.
ARTICLE 34 - TERM OF MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding shall be in effect for an initial term commencing July 1, 2022 and ending June 30, 2023 and shall continue in effect from year to year thereafter unless or until terminated. Unless specifically described to the contrary herein, all changes in matters within the scope or representation shall be provided prospectively from the date of MOU implementation. The “date of MOU implementation” shall be the date of City Council adoption of the MOU.
ARTICLE 35. CITY COTJNCIL APPROVAL
It is, however, the mutual understanding of all parties hereto that this Memorandum of Understanding is of no force or effect, whatsoever unless or until ratified and approved by minute action and duly adopted by the City Council of the City of Monterey Park.
IN WITNESS HEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this 2nd day of November 2022.
MONTEREY PARY FIREFIGHTERS'
ASSOCIATION CITY OF MONTEREY PARI(
By: D"-' ,t By
Daniel Cline, Firefighters' Association
President
Ron Bow, City Manager
By:
Scott Kelley, Firefighters' Association
Lead Negotiator
Inez Alvarez, Assistant City Manager
By:
Martha Garcia, Director of Management
Services
By
Christine Tomikawa, Director of Human
Resources & Risk Management
APPROVED BY:
Karl H. Berger, City Attomey
B
MOI r0\170\10261080.v1
34
35 MO110\170\10261080.v1
ADDENDUM A
CLASSIFICATION AND BASE SALARY LIST
FIREFIGHTERS’ ASSOCIATION
:
The monthly base salary range for represented classifications is as follows:
Classification
Range
#
1 2 3 4 5 6 7
Fire Captain
3 7955 8354 8771 9210 9670 10154 10661
Fire Engineer
2 6829 7170 7529 7905 8300 8715 9151
Firefighter
1 5901 6196 6506 6831 7172 7531 7907
Beginning with the first day of the pay period in which the Recognized Employee Organization ratifies the tentative agreement setting forth the changes in this MOU, the monthly base salary range for represented classifications is as follows:
Classification Range 1 2 3 4 5 6 7
Fire Captain 3 8114 8521 8946 9394 9863 10356 10874
Fire Engineer 2 6965 7313 7679 8063 8466 8889 9334
Firefighter 1 6019 6320 6636 6967 7315 7681 8065
36 MO110\170\10261080.v1
ADDENDUM B
PHYSICAL FITNESS INCENTIVE PROGRAM
This Addendum B shall implement the following agreement between the parties:
1. Representatives of the City and the Association have agreed to implement a voluntary physical fitness program which provides performance incentives in the form of monetary payment.
2. The parties fully understand and acknowledge that the City has expressed concerns that unless participation in the physical fitness program is deemed voluntary in nature, implementation of the program could have an impact upon the City's exposure to worker's compensation/disability retirement claims in any case where an employee choosing to participate in the program suffers an illness or injury.
3. Accordingly, the parties understand, acknowledge and agree that the City would not have agreed to implement a physical fitness incentive program unless it was acknowledged and agreed by the Association and each and every one of its members who participate in the program, that participation in the program is purely voluntary in nature and that injuries or illnesses suffered while training, and/or practicing for the program, shall not be deemed industrial in nature and shall not entitle any participant to benefits pursuant to the Workers' Compensation laws, Labor Code Section 4850, or to industrial disability retirement in accord with the Public Employees Retirement Law.
4. The Association agrees that it will cooperate with the City in assuring compliance with a mutually agreed upon requirement that prior to participating in and/or training for the program, each and every Association member date and sign a form containing the language set forth below in this Addendum evidencing the voluntary nature of participation in and/or training for the physical fitness program.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS:
5. Effective January 1, 2000 or as soon thereafter as is practicable, the City shall make available to Association members voluntarily electing to participate therein, the P.O.S.T.-approved physical fitness program as is currently offered to Sworn Police. Participation in the program consists of completing a City- required form(s) displaying a member's informed consent in connection with program participation, a "physical exercise readiness" questionnaire, a RISKO cardiac risk assessment form, body composition testing with skin calipers, measurement of waist to hip ratio, a timed 1.5 mile run or 3 mile walk, flexibility measurement, a mandated volume of push-ups, and a bent knee sit up examination consisting of one minute in length. The composition of the program is subject to unilateral change by the City dependent upon component changes recommended by POST.
37 MO110\170\10261080.v1
6. Program testing shall be administered one time each year at a date, time and location selected by the City, with ninety (90) calendar day's notice of the examination date, time and location being posted on the Association utilized bulletin board located within the Fire Department and with said notice being mailed by first class, United States mail to the Association member(s) designated to receive service of documentation on behalf of the Association.
Any claimed failure to receive notice of the examination shall not be contestable through any administrative or civil proceedings, and the results of the testing process and/or the manner in which the testing process is administered, shall likewise not be subject to administrative or civil contest.
7. No Association member shall be permitted to participate in the physical fitness program unless prior to such participation, the member has signed the following general release and certification which shall be made available by the City to all voluntary participants:
"I agree and understand that participation in the physical fitness program described in Addendum B of the 1999-2002 Memorandum of Understanding between the City of Monterey Park and the Monterey Park Firefighters' Association and in training and practice for that participation, is voluntary in nature. Assignment or advancement within the Department is in no manner contingent upon training for or participating in the program.
Accordingly, I understand and agree that any and all injuries suffered while training, and/or practicing for the program shall not be considered compensable worker's compensation injuries, shall not form the basis for an industrial disability retirement, and shall not form the basis for my receipt of benefits pursuant to Labor Code Section 4850.
I further certify that I have not used any tobacco product (i.e. cigarettes, cigars, chewing tobacco, pipe tobacco, etc.) at any time during the six months immediately preceding my participation in the voluntary Physical Fitness Program."
9. The agreed upon Physical Fitness Incentive Program as developed by P.O.S.T. designates various levels of fitness program achievement as being "bronze," “ silver," and "gold." The attainment of said levels shall be verified in accord with P.O.S.T. mandated scoring methods.
10. As and for recognition for achievement in the program, those participants attaining the bronze level, shall receive a lump sum cash payment of two hundred dollars ($200.00); those participants attaining the silver level, shall receive a lump sum cash payment of three hundred dollars ($300.00) cash payment; and those participants attaining the gold level, shall receive a lump sum cash payment of four hundred dollars ($400.00) cash payment.
s:\Fire negotiations\Fire Department\Physical fitness incentive program
Staff Report
November 2, 2022
ATTACHMENT 3
Proposed MOU Resolution
RESOLUTION NO. ____
A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
FOR CONTRACT YEAR 2022 -2023 BETWEEN THE CITY OF MONTEREY PARK AND THE MONTEREY PARK FIREFIGHTERS’ ASSOCIATION.
THE CITY COUNCIL RESOLVES AS FOLLOWS:
SECTION 1: City representatives, approved by the City Council, and representatives from the Monterey Park Firefighters’ Association (“MPFFA”) met and conferred regarding wages, retirement funding, hours and the terms and conditions of employment for contract year 2022- 2023.
SECTION 2: Following such negotiations, the representatives drafted a Memorandum of Understanding (“MOU”) for fiscal years 2022-23. A copy of that MOU is attached as Exhibit “A,” and is incorporated by reference.
SECTION 3: Following a vote of its membership, the MPFFA informed the City that it accepted the MOU.
SECTION 4: After reviewing the MOU, the City Council finds that it is in the public interest to approve it retroactively effective July 1, 2022. Accordingly, the City Manager is authorized to execute the MOU in a form approved by the City Attorney.
SECTION 5: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 6: Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 7: Severability. If any part of this Resolution or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 8: Effective Date. This Resolution will become effective immediately upon adoption.
PASSED AND ADOPTED this ____ day of _________, 20__.
____________________________
Henry Lo, Mayor
ATTEST:
________________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
City Council Staff Report
DATE: November 2, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Consideration of Map. No. 82847 for a Single Lot Subdivision (Condominium Purposes) to Facilitate an Two-unit Residential Development, Located at 601 W Emerson Ave
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a resolution approving Parcel Map No. 82847;
2. Accepting a 15-feet corner radius property line dedication at the northwest intersection of West Emerson Avenue and North Moore Avenue for street and public utility purposes;
3. Authorizing the Public Works Director, or designee, to sign Parcel Map No. 82847;
4. Taking such additional, related action that may be desirable.
CEQA (California Environmental Quality Act):
The Project was categorically exempt from the requirements of CEQA pursuant to CEQA Guidelines § 15315 and 15332 as a Class 15 categorical exemption (Minor Land Divisions) and Class 32 categorical exemption (Infill Development).
EXECUTIVE SUMMARY
The proposed Parcel Map was reviewed by the Public Works Director for compliance with applicable law. Except for the required public improvements, it meets all legal requirements.
Because the Parcel Map is offering a real property dedicati on, the Parcel Map must be approved by the City Council per Monterey Park Municipal Code § 20.08.090.
BACKGROUND
The project is a two-unit condominium development located at 601 West Emerson Avenue, on the north side of West Emerson Avenue. On September 1, 2020, the Parcel Map for this Project was deemed approved, subject to all other sections within the Subdivision Map Act and applicable law. On December 8, 2021, the Parcel Map was approved for an 18-month extension (MPMC § 20.08.090 allows for such extensions).
FISCAL IMPACT
The approval of this Parcel Map has no fiscal impact on the City beyond the additional property tax and sales tax this development will generate.
Consent Calendar - 3C
Staff Report
November 2, 2022
Respectfully submitted and prepared by: Prepared by:
Shawn Igoe
Director of Public Works
Vivian Chen
Civil Engineering Associate
Approved by: Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
ATTACHMENT
1. Resolution
2. Subdivision Map
Staff Report
November 2, 2022
ATTACHMENT 1
Resolution
RESOLUTION NO.
A RESOLUTION APPROVING FINAL PARCEL MAP NO. 82847 FOR A TWO-UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 601 W
EMERSON AVE
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. The Public Works Director reviewed a tentative parcel map for a two-unit residential condominium project at 601 East Emerson Avenue (Parcel Map No. 82847);
B. Ordinarily, the Public Works Director may approve final parcel maps. Parcel Map No. 82847, however, makes an offer of dedication to the City which must be accepted by the City Council in accordance with Monterey Park Municipal Code (“MPMC”) § 20.08.090; and
C. The City reviewed the Project’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 California Code of Regulations §§ 15000, et seq., the “CEQA Guidelines”).
SECTION 2: Environmental Assessment. The Project is categorically exempt from additional environmental review pursuant to CEQA Guidelines §§ 15315 and 15332 as a Class 15 categorical exemption (Minor Land Divisions) and Class 32 categorical exemption (Infill Development).
SECTION 3: Final Parcel Map Findings. Based upon the entirety of the record including, without limitation, the staff report, the City Council approves Final Parcel Map No. 82847 for the following reasons:
A. The Final Parcel Map substantially conforms to the MPMC and Subdivision Map Act (Government Code §§66410, et seq.); and
B. The City Council accepts the offer of dedication set forth in Parcel Map No. 82847.
SECTION 6: Severability. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provision or application and, to this end, the provisions of this Resolution are severable.
Resolution No.
SECTION 7: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 8: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or his duly appointed deputy, may attest thereto.
SECTION 9: Effective Date. This Resolution will become effective immediately u pon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 2nd day of November, 2022.
____________________________
Henry Lo, Mayor
ATTEST:
________________________________
Vincent D. Chang, City Clerk
APPROVED AS TO FORM:
________________________________
Karl H. Berger, City Attorney
Staff Report
November 2, 2022
ATTACHMENT 2
Subdivision Map
City Council Staff Report
DATE: November 2, 2022
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: HVAC Improvements at Various City Facilities – Award of Public Works Contract to Carrier Corporation
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with Carrier Corporation of Industry, CA in the contract amount of $329,001 for the HVAC Improvements at Various City Facilities project;
2. Authorizing the Director of Public Works to approve change orders and contingency up to $16,450, or 5% of the contract amount;
3. Appropriating an additional $95,451 from the American Rescue Plan Act Fund for this project; and
4. Taking such additional, related action that may be desirable.
CEQA (California Environmental Quality Act):
Since the proposed work is a minor alteration to an existing public facility, this project is Class 1 Categorically Exempt pursuant to the California Environmental Quality Act (CEQA).
EXECUTIVE SUMMARY
Per Resolution No. 2022-R32, the Public Works Director solicited bids for the HVAC Improvements at Various City Facilities (HVAC Project), Capital Improvement Project No. 96029. The public bid opening for the HVAC Project was held on October 13, 2022. Two bids were received: Carrier Corporation and F.M. Thomas Air Conditioning, Inc. Staff recommends that the City Council authorize the City Manager to execute a Public Works contract with Carrier Corporation for the HVAC Project in the amount of $329,001.00, plus 5% contingency.
BACKGROUND
The HVAC systems at citywide facilities have been in place and routinely maintained for over twenty-five years. Typically, the average life span of these HVAC units is 10 to 15 years. After decades of prolonged use, the HVAC systems have reached the end of their useful service life and require replacement. The HVAC Project consists of replacing 18 HVAC units at eight City facilities.
Consent Calendar - 3D
Staff Report
November 2, 2022
The City solicited bids for this project on two previous occasions. However, no contract was awarded due to nonresponsive bids and significantly overbudget proposals.
The public works bid was opened on October 13
th, 2022, and included the following bids:
RANK BIDDER BASE BID
AMOUNT
1 Carrier Corporation $329,001.00
2 F.M. Thomas Air Conditioning,
Inc NO RESPONSE
The bid submitted by Carrier Corporation was the only acceptable bid for the HVAC Project As seen on the table above, the second bid, submitted by F.M. Thomas Air Conditioning, Inc. did not provide a base bid amount and was nonresponsive.
Staff completed its bid analysis and determined Carrier Corporation as the only qualified and responsive bidder for this project. It should be noted, that Carrier’s Corporation’s bid of $329,001.00 was approximately $70,000 less than the lowest bidder from the previous bid opening. Carrier Corporation is registered with the Department of Industrial Relations, has the required insurance and bonding, is properly licensed, and is prepared to execute the City’s standard agreement for public works projects.
Staff recommends that the City Council authorize the City Manager to execute a Public Works contract with Carrier Corporation to complete the HVAC Improvements at Various City Facilities project in the amount of $329,001.00, plus 5% contingency.
FISCAL IMPACT
HVAC Project No. 96029 has been budgeted in the FY22-23 Capital Improvement Plan and will be funded by the American Rescue Plan Act (ARPA) fund. An additional appropriation of $95,451 from the ARPA fund is needed to award this contract.
Respectfully submitted and prepared by:
Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Management Services
Approved by:
Reviewed by:
Ron Bow
City Manager
Karl H. Berger
City Attorney
Staff Report
November 2, 2022
ATTACHMENTS
1. Carrier Corporation Proposal
2. F.M. Thomas Air Conditioning, Inc. Proposal
Staff Report
November 2, 2022
ATTACHMENT 1
Carrier Corporation Proposal
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 1 SECTION C. BIDDERS PROPOSAL
(Entire section C shall be submitted with the bid)
BIDDER’S NAME:__________________________________________________
In accordance with the City’s Notice Inviting Sealed Bids, the undersigned BIDDER, hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and contract documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Specifications, Instructions to Bidders, and all other contract documents. If this proposal is accepted for award, BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to the City of Monterey Park of the guarantee accompanying this proposal.
BIDDER understands that a bid is required for the entire work. The contract will be awarded on the prices shown on the bid schedule. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties and fees. In the case of discrepancies in the amounts of bid, unit prices shall govern over extended amount, and words shall govern over figures.
If awarded the Contract, the undersigned further agrees that in the event of the BIDDER’S default in executing the required contract and filing the necessary bonds and insurance certificates within ten working days after the date of the City’s notice of award of contract to the BIDDER, the proceeds of the guarantee accompanying this bid shall become the property of the City and this bid and the acceptance hereof may, at the City’s option, be considered null and void.
BID SCHEDULE
To the Monterey Park’s City Council, herein called the “Council”.
Pursuant to and in compliance with your Notice Inviting Bids and the other documents relating thereto, the undersigned bidder, having familiarized himself with the work, and with the terms of the contract, the local conditions affecting the performance of the contract, and the cost of the work at the place where the work is done, and with the drawings and specifications and other contract documents, hereby proposes and agrees to perform, within the time stipulated, the contract, including all of its component parts, and everything required to be performed, and to provide and furnish any and all of the labor, materials, tools, expendable equipment, and all applicable taxes, utility and transportation services necessary to perform the contract and complete in a workmanlike manner, all in strict conformity with the Contract Documents on file at the office of the City Clerk of said City, per the following bid schedule:
Carrier Corporation
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 2
BID SCHEDULE
HVAC Improvements at Various City Facilities Specification No. 2022-004 No. Bid Item Description Quantity Unit Unit Bid Total Bid 1 HVAC Improvements at City Library (As per
Section E. Technical Specifications) 1 LS $ $
2 HVAC Improvements at City Service Club (As per
Section E. Technical Specifications) 1 LS $ $
3 HVAC Improvements at City Water Division (As
per Section E. Technical Specifications) 1 LS $ $
4 HVAC Improvements at Fire Station (As per
Section E. Technical Specifications) 1 LS $ $
5 HVAC Improvements at El Encanto – Chamber of
Commerce (As per Section E. Technical
Specifications)
1 LS $ $
6 HVAC Improvements at Facilities and Maintenance
(As per Section E. Technical Specifications) 1 LS $ $
7 HVAC Improvements at Police Facilities (As per
Section E. Technical Specifications) 1 LS $ $
8 HVAC Improvements at Barnes Gym (As per
Section E. Technical Specifications) 1 LS $ $
TOTAL BASE BID AMOUNT IN NUMBERS $
TOTAL BASE BID AMOUNT IN WORDS:
56,026
31,513
19,532
15,406
13,127
40,626
22,574
130,197
329,001
Three hundred twenty nine thousand and one
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 3 The award of Contract shall be based on the TOTAL BASE BID AMOUNT.
In the case of discrepancies in the amount of bid, unit prices shall govern over extended amounts, and words shall govern over figures.
Full compensation for the items listed to
the right as Items A, B, C, D and E are
considered as inclusive in each Bid Item
listed above in the Bid Schedule as
applicable, and no additional and/or
separate compensation will be allowed.
A. Mobilization / Demobilization
B. Traffic Control
C. NPDES, WWECP, and Best
Management Practices (BMPs), Public
Convenience and Safety
D. Construction Staking by Land Surveyor
E. Clearing and Grubbing
The bid prices shall include any and all costs, including labor, materials, appurtenant expenses, taxes, royalties and any and all other incidental costs to complete the project, in compliance with the Bid and Contract Documents and all applicable codes and standards.
The City reserves the right to add, delete, increase or decrease the amount of any quantity shown and to delete any item from the contract and pay the contractor at the bid unit prices so long as the total amount of change does not exceed 25% (plus or minus) of the total bid amount for the entire project. If the change exceeds 25%, a change order may be negotiated to adjust unit bid prices.
All other work items not specifically listed in the bid schedule, but necessary to complete the work per bid and contract documents and all applicable codes and standards are assumed to be included in the bid prices.
A bid is required for the entire work, that the quantities set forth in the Bid Schedule are to calculate total bid amount, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed.
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 4
DESIGNATION OF SUBCONTRACTORS
BIDDER proposes to subcontract certain portions of the work which are in excess of one- half of one percent of the bid and to procure materials and equipment from suppliers and vendors as follows:
Subcontractor Information Work to be Performed Dollar Amount Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Name:
$_________ Address:
Tel:
Total Subcontract Amount (shall not exceed 49% of Total Bid Amount) $_________
Therma LLC
2390 Bateman Ave, Irwindale, CA 91010
(949) 525-0674
19,500
Sheet metal services
Champion Crane Rentals
12521 Branford Street, Pacoima
CA 91331
(818) 781-3497
Crane Services
20,000
39,500
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 5
REFERENCES
References shall be for projects constructed by the bidding company; references for other projects performed by principals or other individuals of the bidding company may not be included. References shall be either minimum from 3 Public Agencies; or minimum from 2 Public Agencies plus 2 Private Entities for which BIDDER has performed similar work within the past three years.
Reference 1
Agency Name
_________________________
Project Name and Brief Description
Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______
Reference 2
Agency Name
_________________________
Project Name and Brief Description
Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______
Reference 3
Agency Name
_________________________
Project Name and Brief Description
Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______
City of Arcadia
Dave McVey
(626) 254-2710
[email protected]
316,035
2021
Fire Station #106 - HVAC & Controls Replacement
Montebello Unified School District
Jorge Robles - Manager
(562) 991-2110
[email protected]
Bella Vista Elementary - HVAC & Controls Replacement
609,049
2020
Redondo Beach School District
- Facilities Coordinator
Fred Naile - Facilities Manager
(310) 901-8947
[email protected]
Science and Arts Building - Chiller Installation
2021
1,504,998
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 6 Reference 4
Agency Name
_________________________
Project Name and Brief Description
Contact Name and Title
_________________________
Tel:______________________
E-mail:___________________ Contract Value: $______ Year Completed:______
SITE INSPECTION
The Bidder declares that he/she has carefully read and examined the plans, specifications, bid documents, and he/she has made a personal examination of the site (indicate name of the person, representing the bidder, who inspected the site and date below) and that he/she understands the exact scope of the Project without question.
Name of Person who inspected the site: _____________________ Date of Inspection: _____________________
ADDENDA ACKNOWLEDGMENT
The Bidder acknowledges receipt of the following Addenda and has included their provisions in this Proposal:
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Addendum No.___________________ Dated________________
Dan Marquez - Carrier
June 2022
California Institute of the Arts
Alfredo Miranda - Project Manager
(661) 714-2695
[email protected]
2021
1,590,014
Chiller Plant Upgrade - Replace (1) 1200 Ton Chiller
8271559a1
8271559a2
9/29/22
9/29/22
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 7
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE
BIDDER certifies that all previous contracts or subcontracts, all reports which may have been due under the requirements of any Agency, Site, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
AFFIRMATIVE ACTION CERTIFICATION
BIDDER certifies that affirmative action has been taken to seek out and consider minority business enterprises for those portions of work to be subcontracted, and that such affirmative actions have been fully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder. Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 8
INSURANCE REQUIREMENTS
To be awarded this contract, the successful bidder shall procure and maintain the following types of insurance with coverage limits complying, at a minimum, with the limits set forth below:
Type of Insurance Limits
Commercial general liability: $2,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.
Commercial general liability insurance shall meet or exceed the requirements of ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth above shall be a combined single limit per occurrence for bodily injury, personal injury, and property damage for the policy coverage. Liability policies shall be endorsed to name the City, its officials, and employees as “additional insureds” under said insurance coverage and to state that such insurance will be deemed “primary” such that any other insurance that may be carried by the City will be excess thereto. Such endorsement shall be reflected on ISO Form No. CG 20 10 11 85 or 88, or equivalent. Such insurance shall be on an “occurrence,” not a “claims made,” basis and will not be cancelable or subject to reduction except upon thirty (30) days prior written notice to the City.
Automobile coverage shall be written on ISO Business Auto Coverage Form CA 00 01 06 92, including symbol 1 (Any Auto).
The Contractor shall furnish to the City duly authenticated Certificates of Insurance evidencing maintenance of the insurance required under this Agreement, endorsements as required herein, and such other evidence of insurance or copies of policies as may be reasonably required by the City from time to time. Insurance shall be placed with admitted insurers with a current A.M. Best Company Rating equivalent to at least a Rating of “A:VII.” Certificate(s) shall reflect that the insurer will provide thirty (30) day notice of any cancellation of coverage. The Contractor shall require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
By signing this form, the bidder certifies that it has read, understands, and will comply with these insurance requirements if it is selected as the City’s Contractor. Failure to provide this insurance will render the bidder’s proposal “nonresponsive.” Bidder’s Name: _______________________
Authorized Signature: _______________________
Name and Title: _______________________
Date: _______________________
Carrier Corporation
Brian Lockridge
Sales Manager
10/3/2022
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 9 PUBLIC CONTRACT CODE SECTION 7106
Noncollusion Declaration by Bidder
The undersigned declares:
I am the ___________________________ of
_____________________________________, the party making the foregoing bid.
The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
10/3/2022
Brian Lockridge
Sales Manager
Carrier Corporation
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 10 PUBLIC CONTRACT CODE SECTION 10162
In conformance with the above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder any officer of such bidder, or any employee of such bidder who has a proprietary interest in such bidder
has never been___ has been___ (indicate YES or NO after applicable answer) disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation, and if so to explain the circumstances.
If the answer is has been YES explain the circumstances below:
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
X
10/3/2022
Brian Lockridge
Sales Manager
Carrier Corporation
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 11 PUBLIC CONTRACT CODE SECTION 10232
In conformance with above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that no more than one final, unappealable finding of contempt of court by a federal court has not been____ has been____ (indicate YES or NO after applicable answer) issued against the bidder within the immediately preceding two-year period because of the contractor's failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board. For purposes of this section, a finding of contempt does not include any finding which has been vacated, dismissed, or otherwise removed by the court because the contractor has complied with the order which was the basis for the finding.
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
X
Carrier Corporation
10/3/2022
Brian Lockridge
Sales Manager
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 12 PUBLIC CONTRACT CODE SECTION 10285.1
In conformance with above Public Contract Code Section, the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof
has never been___ has been___ (indicate YES or NO after applicable answer) convicted within the preceding three years by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including, for the purposes of this article, the Regents of the University of California or the Trustees of the California State University.
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
X
Carrier Corporation
Brian Lockridge
Sales Manager
10/3/2022
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 13
BIDDER INFORMATION
Bidder’s Name:________________________________________________________ Address: _____________________________________________________________ Form of Legal Entity: _______________________________________________ If a Corporation, State of Incorporation: __________ _____________________ State Contractor’s Class and License No.: _______________________________ Contact Person Information:
Name:________________________________ Title:
______________________________
E-mail: _______________________________ Tel:
_______________________________
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint venturers, and/or corporate officers having a principal interest in this proposal:
________________________________________________________________ ________________________________________________________________ ________________________________________________________________ The date(s) of any voluntary or involuntary bankruptcy judgements against any principal having an interest in this proposal are as follows:
________________________________________________________________ ________________________________________________________________ All current and prior DBA’S, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
________________________________________________________________ ________________________________________________________________ Previous contract performance history:
Was any contract terminated previously:_______
If the answer to the above is “yes”, provide the following information:
Carrier
2478 Peck Road, City of Industry, CA 90601
Carrier Corporation
Delaware
C20, C38,C36, C4 Lic# 499642
Dan Marquez
Account Executive
[email protected]
(818) 652-2365
Frank Seifert - Market Manager 2478 Peck Road, City of Industry, CA 90601 (480) 284-2731
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 14 Contract/project name and number: __________________________________ Date of termination:_______________________________________________ Reason for termination:____________________________________________ Owner’s name:___________________________________________________ Owner contact person and tel. no.: ___________________________________
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all aforementioned principals this ____ day of ___________, 20__.
BIDDER __________________________________________________________ __________________________________________________________ __________________________________________________________ __________________________________________________________
Subscribed and sworn to this _____ day of _______________, 20__.
NOTARY PUBLIC ______________________________________________________
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 15
PROPOSAL GUARANTEE
BID BOND
Bond No.:_____________
KNOW ALL MEN BY THESE PRESENTS that _______________________________, as BIDDER, AND _____________________________, as SURETY, are held and firmly bound unto the City of Monterey Park, in the penal sum of _______________________ ($ )dollars, lawful money of the United States, which is 10 percent of the total amount bid by BIDDER to the City of Monterey Park for the HVAC IMPROVEMENTS AT VARIOUS CITY FACILITIES SPECIFICATION NO. 2022-004 (“Public Project”), for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firm by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to the City of Monterey Park for the above stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of the City of Monterey Park.
IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seals this ____ day of _______________, 20__.
SIGNED AND SEALED this day of , 20__.
PRINCIPAL SURETY
PRINCIPAL’s MAILING ADDRESS: SURETY’s MAILING ADDRESS:
NOTE: All signatures shall be acknowledged by a notary public.
City of Monterey Park Specification No. 2022-004
SECTION C. BIDDER’S PROPOSAL (Entire section C shall be submitted with the bid) Page C. 16
PROPOSAL GUARANTEE
CERTIFIED CHECK or CASHIER’S CHECK
As an Alternative to Bid Bond, Bidder can provide Certified Check or Cashier’s Check as follows
Accompanying this proposal is a certified check or a cashier's check payable to the order of the City of Monterey Park, in the amount of
________________________________________________($ ) dollars, lawful money of the United States, which is 10 percent of the total amount bid by BIDDER to the City of Monterey Park for the HVAC IMPROVEMENTS AT VARIOUS CITY FACILITIES SPECIFICATION NO. 2022-004 (“Public Project”).
The proceeds of the same shall become the property of said City if, in case this proposal shall be accepted by said City through the City Council, the undersigned shall fail to execute a contract, with and furnish the insurance and bonds required by the City of Monterey Park within the specified time; otherwise, the same is to be returned to the undersigned as set forth in the Instructions to Bidders.
Bidder’s Name:
Authorized Signature:
Name and Title:
Date:
--END OF SECTION--
Carrier Corporation
Brian Lockridge
Sales Manager
10/3/2022
City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 1
SECTION D. CERTIFICATIONS FOR FEDERAL –
AID CONTRACTS
(Entire section D shall be submitted with the bid)
City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 2
GENERAL PRINCIPLES CERTIFICATION FOR FEDERAL-AID CONTRACTS CONTRACTOR shall comply with generally accepted accounting principles and good business practices. CONTRACTOR shall, at its own expense, furnish all cost items associated with this project except as specified to be furnished by City. CONTRACTOR shall retain financial records, supporting documents, statistical records, and all other records pertinent to the project for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement.
CONTRACTOR shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality.
CONTRACTOR shall also certify that none of the equipment or services are produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); or produced by an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country in accordance with 2 CFR 200.216.
In order to ensure objective contractor performance and eliminate unfair competitive advantage, CONTRACTOR must certify that they did not assist in the development of draft specifications, requirements, statements of work, or invitations for bids or requests for proposals for the project.
Business Name:
Date: By:
Name and Title of Authorized
Representative
Signature of Authorized Representative
Carrier
10/3/2022
Brian Lockridge
Sales Manager
City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 3
NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONTRACTOR shall comply with the provisions of Title VII of the Civil Rights Act of 1964 in that it will not discriminate against any individual with respect to his or her compensation, terms, conditions, or privileges of employment nor shall CONTRACTOR discriminate in any way that would deprive or intend to deprive any individual of employment opportunities or otherwise adversely affect his or her status as an employee because of such individual's race, color, religion, sex, national origin, age, handicap, disability, medical condition, sexual orientation, gender identity, or marital status. These actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
CONTRACTOR shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200- d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 1964 (42 U.S.C 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21.
CONTRACTOR shall ensure that project activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22).
City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 4
Date: By:
Name and Title of Authorized
Representative
Signature of Authorized Representative
10/3/2022
Brian Lockridge
Sales Manager
City of Monterey Park Specification No. 2022-004
SECTION D. CERTIFICATIONS FOR FEDERAL – AID CONTRACTS (Entire section D shall be submitted with the bid) Page D. 5
MBE AND WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS
It is the policy of the City to encourage the participation of disadvantaged, minority and women-owned business enterprises in the City's procurement process.
CONTRACTOR agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of this contract. CONTRACTOR may rely on written representations by consultants, advisors and contractors regarding their status.
CONTRACTOR shall report to the City the names of all consultants, advisors and contractors hired for the Project and information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act (15 U.S.C. Sec. 637).
CONTRACTOR shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women’s business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for this contract by:
(a) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;
(b) Assuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;
(c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises;
(d) Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses and women’s business enterprises; and
(e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce.